[Federal Register Volume 73, Number 48 (Tuesday, March 11, 2008)]
[Rules and Regulations]
[Pages 12895-12897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4566]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD201-3117; FRL-8536-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Update to Materials Incorporated by Reference; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of administrative change; correcting 
amendment.

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SUMMARY: This document corrects an omission in the part 52 
Identification of Plan table for Maryland which summarizes the 
applicable source-specific requirements which comprise the current EPA-
approved Maryland State Implementation Plan (SIP).

DATES: Effective Date: This action is effective March 11, 2008.

ADDRESSES: SIP materials which are incorporated by reference into 40 
CFR part 52 are available for inspection at the following locations: 
Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, PA 19103; the Air and Radiation 
Docket and Information Center, EPA Headquarters Library, Room Number 
3334, EPA West Building, 1301 Constitution Ave., NW., Washington, DC 
20460, and the National Archives and Records Administration. If you 
wish to obtain materials from a docket in the EPA Headquarters Library, 
please call the Office of Air and Radiation (OAR) Docket/Telephone 
number: (202) 566-1742; or the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 814-2108 or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: On May 18, 2007 (72 FR 27957), EPA published 
an update of materials submitted by Maryland that are incorporated by 
reference (IBR) into the Maryland State implementation plan (SIP) as of 
March 15, 2007. The regulations and source-specific requirements 
affected by this update (summarized in the tables cited as 40 CFR 
52.1070(c) and (d) respectively) had been previously submitted by the 
Maryland Department of the Environment (MDE) and approved by EPA. In 
the table cited as

[[Page 12896]]

40 CFR 52.1070(d) (EPA-approved source-specific requirements), we 
inadvertently omitted an entry describing the EPA-approved Amended 
Consent Order for the Potomac Electric Power Company (PEPCO)--Dickerson 
Plant (49352). This action updates the IBR materials to 
correct the omission of the Amended Consent Order for the PEPCO--
Dickerson Plant, corrects the erroneous omission of the source-specific 
entry for PEPCO-Dickerson from the table in 40 CFR 52.1070(d), and 
reprints the paragraph (d) table in its entirety. All SIP materials 
incorporated by reference in paragraph (d) are available for public 
inspection at the Air and Radiation Docket and Information Center 
located at EPA Headquarters in Washington, DC, the EPA Regional Office, 
and the National Archives and Records Administration.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. We have determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because this rule is not 
substantive and imposes no regulatory requirements, but merely corrects 
a citation in a previous action. Thus, notice and public procedure are 
unnecessary. We find that this constitutes good cause under 5 U.S.C. 
553(b)(B).

Statutory and Executive Order Reviews

    Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993), 
this action is not a ``significant regulatory action'' and is therefore 
not subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). Because 
the agency has made a ``good cause'' finding that this action is not 
subject to notice-and-comment requirements under the Administrative 
Procedures Act or any other statute as indicated in the Supplementary 
Information section above, it is not subject to the regulatory 
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C 601 
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform 
Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not 
significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of UMRA. This rule also does not have a substantial direct effect 
on one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes, as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor 
will it have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
governments, as specified by Executive Order 13132 (64 FR 43255, August 
10, 1999). This rule also is not subject to Executive Order 13045 (62 
FR 19885, April 23, 1997), because it approves a state rule 
implementing a Federal standard.
    This technical correction action does not involve technical 
standards; thus the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply. The rule also does not involve special consideration of 
environmental justice related issues as required by Executive Order 
12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has 
taken the necessary steps to eliminate drafting errors and ambiguity, 
minimize potential litigation, and provide a clear legal standard for 
affected conduct, as required by section 3 of Executive Order 12988 (61 
FR 4729, February 7, 1996). EPA has complied with Executive Order 12630 
(53 FR 8859, March 15, 1998) by examining the takings implications of 
the rule in accordance with the ``Attorney General's Supplemental 
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated 
Takings'' issued under the executive order. This rule does not impose 
an information collection burden under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq).
    The Congressional Review Act (5 U.S.C. 801 et seq.), as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. 5 U.S.C. 808(2). 
As stated previously, EPA had made such a good cause finding, including 
the reasons therefore, and established an effective date of March 11, 
2008. EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. This action to update the materials 
incorporated by reference and correct the table in 40 CFR 52.1070(d) 
for Maryland is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 21, 2008.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart V--Maryland

0
2. Section 52.1070 is amended by revising paragraph (d) to read as 
follows:


Sec.  52.1070  Identification of plan.

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    (d) EPA approved state source-specific requirements.

[[Page 12897]]



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                                                       State effective                             Additional
         Name of source          Permit number/type          date          EPA approval date      explanation
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(PEPCO)--Chalk Point Units       49352      1/27/78              4/2/79; 44 FR 19192  52.1100(c)(22);
 1 and 2.       Amended Consent                                               FRN republished
                                  Order.                                                        5/3/79 (44 FR
                                                                                                25840).
Potomac Electric Power Company   49352      7/26/78              12/6/79; 44 FR       52.1100(c)(25).
 (PEPCO)--Dickerson.              Amended Consent                          70141
                                  Order.
Beall Jr./Sr. High School......  Consent Order.....  1/30/79              3/18/80; 45 FR       52.1100(c)(26).
                                                                           17144
Mt. Saint Mary's College.......  Consent Order.....  3/8/79               3/18/80; 45 FR       52.1100(c)(26).
                                                                           17144
Potomac Electric Power Company   Secretarial Order.  7/19/79              9/3/80; 45 FR 58340  52.1100(c)(34).
 (PEPCO)--Chalk Point.
Maryland Slag Co...............  Consent Agreement   10/31/80             9/8/81; 41 FR 44757  52.1100(c)(49).
                                  (Order).
Northeast Maryland Waste         Secretarial Order.  11/20/81             7/7/82; 47 FR 29531  52.1100(c)(65)
 Disposal Authority.                                                                            (Wheelabrator-
                                                                                                Frye, Inc.).
Northeast Maryland Waste         Secretarial Order.  2/25/83              8/24/83; 45 FR       52.1100(c)(70)
 Disposal Authority and                                                    55179                (Shutdown of
 Wheelabrator-Frye, Inc. and                                                                    landfill for
 the Mayor and City Council of                                                                  offsets).
 Baltimore and BEDCO
 Development Corp.
Westvaco Corp..................  Consent Order.....  9/6/83; Rev. 1/26/   12/20/84; 49 FR      52.1100(c)(74).
                                                      84                   49457
Potomac Electric Power           Administrative      9/13/99              12/15/00; 65 FR      52.1100(c)(151).
 Company(PEPCO).                  Consent Order.                           78416
Thomas Manufacturing Corp......  Consent Decree....  2/15/01              11/15/01; 66 FR      52.1100(c)(167).
                                                                           57395
Constellation Power Source       Consent Order and   4/25/01              2/27/02; 67 FR 8897  52.1100(c)(168).
 Generation, Inc.-Brandon         NOX RACT
 Shores Units 1 & 2;     Averaging Plan
 Gould Street Unit 3;    Proposal.
 H.A. Wagner Units 1,
 2, 3 & 4; C.P. Crane Units
 1 & 3; and Riverside
 Unit 4.
Kaydon Ring and Seal, Inc......  Consent Order.....  3/5/04               8/31/04; 69 FR       (c)(190); SIP
                                                                           53002                effective date
                                                                                                is 11/1/04.
Perdue Farms, Inc..............  Consent Order.....  2/1/05               1/11/07; 72 FR 1291  52.1070(d)(1).
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[FR Doc. E8-4566 Filed 3-10-08; 8:45 am]
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