	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2007-1001; FRL-         ]

	Approval and Promulgation of Air Quality Implementation Plans;
Maryland; NOx and SO2 Emissions Limitations for Fifteen Coal-Fired
Electric Generating Units

AGENCY:	Environmental Protection Agency (EPA).

ACTION:	Final rule.

SUMMARY:  EPA is approving a State Implementation Plan (SIP) revision
submitted by the 

State of Maryland.  This revision pertains to regulations for emission
limitations at 15 Maryland power plants.  The intended effect of this
action is to approve, with one exception, Maryland’s regulation which
establishes statewide tonnage caps for emissions of nitrogen oxides
(NOx) and sulfur dioxide (SO2) from 15 coal-fired electric generating
units (EGUs).  The exception pertains 

to a portion of the rule that Maryland requested EPA take no further
action on.   The provision, which EPA has determined has no impact on
the rule that is being finalized today, will be 

withdrawn in a separate notice.  This SIP action is being taken under
the Clean Air Act (CAA). 

EFFECTIVE DATE:  This final rule is effective on [insert date 30 days
from date of publication].

ADDRESSES:  EPA has established a docket for this action under Docket
ID Number EPA- 

R03-OAR-2007-1001.  All documents in the docket are listed in the
www.regulations.gov 

website. Although listed in the electronic docket, some information is
not publicly available, 

i.e., confidential business information (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 through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection 

Agency, Region III, 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   HYPERLINK "mailto:powers.marilyn@epa.gov" 
powers.marilyn@epa.gov 

SUPPLEMENTARY INFORMATION:  

I.  Background

On April 6, 2006, Maryland signed into law the Healthy Air Act (Ch. 23,
Acts of 2006).  The Healthy Air Act establishes limits on the amount of
NOx and SO2 emissions that affected 

facilities can emit, and does not permit the use of allowances to
achieve compliance.  To 

implement the Healthy Air Act, the Maryland Department of the
Environment (MDE) adopted COMAR 26.11.27, Emission Limitations for Power
Plants. These regulations require the installation of on-site pollution
controls at 15 Maryland power plants and will ensure that appropriate
local emission reductions will occur where they are needed in order to
attain the 8-

hour ozone and fine particulate matter National Ambient Air Quality
Standards (NAAQS) by 

2010.

A formal SIP revision (#07-10) was submitted by MDE on July 12, 2007. 
On January 10, 2008 

FR 1851), EPA published a notice of proposed rulemaking (NPR) for the
State Maryland.

The NPR proposed approval of emission limitations and related
requirements for NOx and SO2 

at 15 coal-fired electric generating units in Maryland.  No public
comments were received on the NPR.

On June 23, 2008, MDE submitted a letter withdrawing a portion of the
July 12, 2007 submittal.  The withdrawal is only for COMAR
26.11.27.03B(7)(a)(iii).  This provision requires a unit that exceeds
its ozone season NOx emissions limit to surrender ozone season NOx
allowances 

equivalent to the number of tons of NOx emitted in excess of the limit. 
The June 23, 2008 letter requested that EPA finalize its rulemaking with
respect to the rest of the SIP Revision that is not withdrawn.  EPA
determined that removal of regulation COMAR 26.11.27.03B(7)(a)(iii) does


not impact the rest of the requirements in COMAR 26.11.27, and is
severable.  By separate 

action, EPA will withdraw this provision as requested by MDE.

II.  Summary of SIP Revision

The MDE is requesting that regulation COMAR 26.11.27, establishing
tonnage caps for 

emissions of NOx and SO2 from 15 coal-fired EGUs in Maryland, be
approved.  The purpose of these regulations is to help bring Maryland
into attainment with the NAAQS for 8 hour ozone 

and fine particulate matter by the 2010 attainment deadline.  The 15
affected units are as follows:

ELECTRIC GENERATING UNIT	JURISDICTION

Constellation Energy Group System

	Brandon Shores 1 & 2	Anne Arundel County

H. A. Wagner 2 & 3	Anne Arundel County

C. P. Crane 1 & 2	Baltimore County

Mirant System

	Chalk Point 1 & 2	Prince George’s County

Dickerson 1, 2, & 3	Montgomery County

Morgantown 1 & 2	Charles County

Allegheny Energy

	R. Paul Smith 3 & 4	Washington County



These regulations also establish monitoring and reporting requirements,
and authorize the MDE 

to reduce or waive penalties for non-compliance under certain conditions
and provide for judicial review of decisions by the MDE to grant a
reduction or waiver of penalties.

III.  Final Action

Maryland has met the requirements for submitting a SIP revision to limit
NOx and SO2 emissions from 15 coal-fired EGUs.  With the exception of
COMAR 26.11.27.03B(7)(a)(iii), which will be withdrawn by separate
action, EPA is approving the SIP revision.

IV.  Statutory and Executive Order Reviews 

A.  General Requirements 

Under the Clean Air Act, the Administrator is required to approve a SIP
submission that 

complies with the provisions of the Act and applicable Federal
regulations.  42 U.S.C. 7410(k);

40 CFR 52.02(a).  Thus, in reviewing SIP submissions, EPA’s role is to
approve state choices, provided that they meet the criteria of the Clean
Air Act.  Accordingly, this action merely 

approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law.  For that
reason, this action:

is not a "significant regulatory action” subject to review by the
Office of Management and 

	Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);  

does not impose an information collection burden under the provisions of
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

is certified as not having a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.);  

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);

does not have Federalism implications as specified in Executive Order
13132 (64 FR 

	43255, August 10, 1999);

is not an economically significant regulatory action based on health or
safety risks subject 

	to Executive Order 13045 (62 FR 19885, April 23, 1997); 

is not a significant regulatory action subject to Executive Order 13211
(66 FR 28355, 

	May 22, 2001); 

is not subject to requirements of Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note)
because application of those 

	requirements would be inconsistent with the Clean Air Act; and 

does not provide EPA with the discretionary authority to address, as
appropriate, disproportionate human health or environmental effects,
using practicable and legally permissible methods, under Executive Order
12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
is not approved to apply in Indian country 

located in the state, and EPA notes that it will not impose substantial
direct costs on tribal governments or preempt tribal law.

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 action 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.  A major rule cannot take effect
until 60 days after it is 

published in the Federal Register.  This action 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 CAA, 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 approving Maryland’s SIP revision concerning emission
limitations for NOx and SO2 

at 15 coal-fired EGUs may not be challenged later in proceedings to
enforce its requirements.  

(See section 307(b)(2).)

List of Subjects in 40 CFR part 52  

Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Reporting and recordkeeping requirements,
Sulfur oxides. 

             	

__August 20, 2008___________    			__________/s/________________

Dated:                            				William T. Wisniewski, Acting     
                           							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 adding an
entry for COMAR 26.11.27 after the existing entry for COMAR 26.11.26 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  



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      *               * 



26.11.27  Emission Limitations for Power Plants



26.11.27.01

	

Definitions

	

7/16/07	

[Insert Federal Register publication date]

[Insert page number where the document begins]	





26.11.27.02  

	

Applicability and Exceptions	

7/16/07	

[Insert Federal Register publication date]

[Insert page number where the document begins]

	

26.11.27.03  

	

General Requirements

	

7/16/07	

[Insert Federal Register publication date]

[Insert page number where the document begins]	

Exceptions: Paragraphs .03B(7)(a)(iii) and .03D; the word “and” at
the end of paragraph .03B(7)(a)(ii). 



26.11.27.05	

Monitoring and Reporting Requirements	

7/16/07	

[Insert Federal Register publication date]

[Insert page number where the document begins]	





26.11.27.06

	

Judicial Review of Penalty Waivers

	

7/16/07	

[Insert Federal Register publication date]

[Insert page number where the document begins]	





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