  	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2006-0629; FRL-    ]

	Approval and Promulgation of Air Quality Implementation Plans;
Maryland;

 Nitrogen Oxides Allowance Allocations for 2008

	

AGENCY:     Environmental Protection Agency (EPA).

ACTION:     Direct final rule.

SUMMARY:   EPA is taking direct final action to approve a revision to
the Maryland State Implementation Plan (SIP).  The revision consists of
the Nitrogen Oxides (NOx) allowance allocations for the 2008 ozone
season, in accordance with Maryland(s approved NOx SIP Call trading
program.  EPA is approving this revision to Maryland(s NOx Reduction and
Trading Program in accordance with the requirements of the Clean Air
Act.

             

DATES:  This rule is effective on [Insert date 60 days after publication
in the Federal Register] without further notice, unless EPA receives
adverse written comment by [Insert date 30 days after publication in the
Federal Register].  If EPA receives such comments, it will publish a
timely withdrawal of the direct final rule in the Federal Register and
inform the public that the rule will not take effect.

ADDRESSES:  Submit your comments, identified by Docket ID Number
EPA-R03-OAR-2006-0629 by one of the following methods:

 www.regulations.gov. Follow the on-line instructions for submitting
comments.

     B.    E-mail:  morris.makeba@epa.gov     C.    Mail:  
EPA-R03-OAR-2006-0629, Makeba Morris, Chief, Air Quality Planning
Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

     D.   Hand Delivery:  At the previously-listed EPA Region III
address.  Such deliveries are only accepted during the Docket(s normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.

Instructions:  Direct your comments to Docket ID No.
EPA-R03-OAR-2006-0629.  EPA's policy is that all comments received will
be included in the public docket without change, and may be made
available online at www.regulations.gov, including any personal
information provided, unless the comment includes information claimed to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute.  Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov or
e-mail.  The www.regulations.gov website is an (anonymous access(
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment.  If you
send an e-mail comment directly to EPA without going through
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet.  If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit.  If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment.  Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.

Docket:  All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute.  Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form.  Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, and 1650
Arch Street, Philadelphia, Pennsylvania 19103.  Copies of the State
submittal are available at the Maryland Department of the Environment,
1800 Washington Boulevard, Suite 705, Baltimore, Maryland, 21230.

FOR FURTHER INFORMATION CONTACT:  Marilyn Powers (215) 814-2308, or by
e-mail at powers.marilyn@epa.gov. 

SUPPLEMENTARY INFORMATION:  

I.	Background

 On June 21, 2006, the State of Maryland submitted a formal revision to
its State Implementation Plan (SIP).  Maryland(s NOx Reduction and
Trading Program under COMAR 26.11.29 and 26.11.30 was approved by EPA as
meeting the requirements of the NOx SIP Call on January 10, 2001 (66 FR
1866).  The approved program contains NOx reduction requirements
beginning on 

May 1, 2003 and establishes allowance allocations for affected trading
sources for the 2003 through 2005 ozone seasons.  Thereafter, Maryland(s
approved rule requires that allocations be updated, three years in
advance, for each subsequent two year period.  The allocations for 2006
and 2007 were approved into Maryland’s SIP on March 22, 2004 (55 FR
13236).  This SIP revision consists of Maryland(s allocation update for
2008.  Allocations for 2009 are not included in this SIP revision to
ensure that Maryland’s NOx Reduction and Trading program does not
conflict with Clean Air Interstate Rule (70 FR 25162 of May 12, 2005)
requirements that will apply to electric generating units (EGUs) greater
than 25 MW starting in 2009.  

Summary of SIP Revision

The revision consists of allocations for the ozone season in 2008 for
each of the affected sources for which allocations were provided in the
initial control period (2003 through 2005 ozone seasons).  The
allocations for EGUs were derived using each source(s average actual
heat input from the 2002 and 2003 ozone seasons multiplied by an
emission rate of 0.15 pounds NOx/MMBTU.  The allocations for
non-electric generating units (non-EGUs) are unchanged from the initial
control period.  For most sources the 2008 allocations do not differ
significantly from the initial 3-year allocations.  The total number of
2008 allocations established for the sources in Maryland that are
subject to its NOx Budget Trading Program are consistent with the
State’s budget under the NOx SIP Call. 

III.	Final Action

EPA is approving the SIP revision submitted by MDE on June 21, 2006
consisting of NOx allowance allocations for the 2008 ozone season.      
         .

EPA is publishing this rule without prior proposal because the Agency
views this as a noncontroversial amendment and anticipates no adverse
comment.  However, in the (Proposed Rules( section of today(s Federal
Register, EPA is publishing a separate document that will serve as the
proposal to approve the SIP revision if adverse comments are filed. 
This rule will be effective on [Insert date 60 days from date of
publication in the Federal Register] without further notice unless EPA
receives adverse comment by [Insert date 30 days from date of
publication in the Federal Register].  If EPA receives adverse comment,
EPA will publish a timely withdrawal in the Federal Register informing
the public that the rule will not take effect.  EPA will address all
public comments in a subsequent final rule based on the proposed rule. 
EPA will not institute a second comment period on this action.  Any
parties interested in commenting must do so at this time.  

IV. 	Statutory and Executive Order Reviews

A.   General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action
is not a "significant regulatory action" and therefore is 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).  This action merely approves state law
as meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law.  Accordingly, the Administrator
certifies that this rule will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).  Because this rule approves pre-existing
requirements under state law and does not impose any additional
enforceable duty beyond that required by state law, it does not contain
any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(Public Law 104-4).   This rule also does not have tribal implications
because it will 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).  This action also
does not have Federalism implications because it does not 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 government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999).  This
action merely approves a state rule implementing a Federal requirement,
and does not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act.  This rule also is
not subject to Executive Order 13045 (Protection of Children from
Environmental Health Risks and Safety Risks( (62 FR 19885, April 23,
1997), because it is not economically significant.  

In reviewing SIP submissions, EPA(s role is to approve state choices,
provided that they meet the criteria of the Clean Air Act.  In this
context, in the absence of a prior existing requirement for the State to
use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS.  It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act.  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.  This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B.   Submission to Congress and the Comptroller General

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.  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 rule is not a
(major rule( as defined by 5 U.S.C. 804(2).

C.  Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for judicial
review of this action must be filed in the United States Court of
Appeals for the appropriate circuit by [insert date 60 days from date of
publication of this document in the Federal Register].  Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action.  

This action to approve Maryland’s NOx SIP Call allocations for 2008
may not be challenged later in proceedings to enforce its requirements. 
(See section 307(b)(2).)

List of Subjects in 40 CFR Parts 52

Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone.

_________________                   		         
_________/s/_________________

Dated:  October 26, 2006      				Donald S. Welsh,

                                      				Regional Administrator,

                                      				Region III.

  40 CFR part 52 is amended as follows: 

PART 52 - [AMENDED] 

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

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

Subpart V( Maryland

2. In ( 52.1070, the table in paragraph (c) is amended by revising the
entry for COMAR 26.11.30.09 to read as follows:

( 52.1070  		Identification of plan.

*		*		*		*		*

(c)* * *

       EPA-APPROVED REGULATIONS IN THE MARYLAND SIP

Code of Maryland administrative regulations (COMAR) citation	

Title/subject	

State effective date	

EPA approval date	

Additional explanation/

citation at 40 CFR 52.1100  



          *            *               *              *              *  
              *             *



COMAR 26.11.30	

Policies and Procedures Relating to Maryland’s NOx Reduction and
Trading Program



          *            *               *              *              *  
              *             *



COMAR 26.11.30.09

	

Allocation of Allowances	

6/19/06	

[Insert Federal Register publication date]

[Insert page number where the document begins]	

New column for 2008 allocations

 *            *               *              *              *           
     *             *



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