[Federal Register Volume 76, Number 112 (Friday, June 10, 2011)]
[Proposed Rules]
[Pages 34021-34023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14455]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0286; FRL-9318-2]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Control of Nitrogen Oxides Emissions From Glass Melting
Furnaces
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Pennsylvania. This revision
pertains to the control of nitrogen oxide (NOX) emissions
from glass melting furnaces. This action is being taken under the Clean
Air Act (CAA).
DATES: Written comments must be received on or before July 11, 2011.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0286 by one of the following methods:
A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: [email protected].
C. Mail: EPA-R03-OAR-2011-0286, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, 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-
2011-0286. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity
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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 http://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
http://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 http://www.regulations.gov or in hard copy 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 Pennsylvania Department of Environmental Protection,
Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street,
Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. On July 23, 2010, the
Pennsylvania Department of Environmental Protection (PADEP) submitted a
revision to its State Implementation Plan for the control of
NOX from glass melting furnaces.
I. Background
The SIP revision consists of a regulation to control NOX
emissions from glass melting furnaces. This SIP revision is based on
the Ozone Transport Commission (OTC) control measure to reduce
NOX emissions from glass melting furnaces. The OTC members
include Pennsylvania, Connecticut, Delaware, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York, Rhode Island,
Vermont, Virginia, and the District of Columbia. The OTC was created
under section 184 of the CAA to establish regulatory programs to reduce
ozone precursor emissions, which includes the reduction of
NOX emissions from glass melting furnaces.
II. Summary of SIP Revision
The SIP revision adds definitions and terms to Title 25 of the
Pennsylvania Code (25 Pa. Code) Chapter 121.1, relating to definitions,
used in the substantive provision of this SIP revision. In addition,
the SIP revision adds a new regulation pertaining to the NOX
emission standards in 25 Pa. Code Chapter 129 (Standard of Sources)
sections 129.301 through 129.310 (Control of NOX Emissions
from Glass Melting Furnaces). The new regulation applies to an owner or
operator of a glass melting furnace that emits or has the potential to
emit NOX at a rate greater than 50 tons per year in the
Commonwealth of Pennsylvania, including the local air pollution control
agencies in Philadelphia and Allegheny Counties. The new regulation
consists of the following: (1) New definitions and terms; (2)
exemptions that the emission requirements do not apply during periods
of start-up, shutdown or idling, if the owner or operator complies with
the start-up, shutdown and idling requirements; (3) emission
requirements which provide the owner or operator of a glass melting
furnace to determine allowable NOX emissions by multiplying
the tons of glass pulled by each furnace; (4) start-up requirements
where the start-up exemption identifies the control technologies or
strategies to be used to minimize emissions; (5) shutdown requirements
where the duration as measured from the time the furnace operation
drops below 25 percent of the permitted production capacity or fuel use
capacity to when all emissions from the furnace cease, will not exceed
20 days; (6) idling requirements that provide the owner or operator
operate the emission control system whenever technologically feasible
during idling to minimize emissions; (7) compliance determination by
installing, operating and maintaining continuous emissions monitoring
systems (CEMS); (8) compliance demonstration on a furnace-by-furnace
basis, facility-wide emissions averaging basis, or a system-wide
emissions averaging basis among glass melting furnaces; and (9)
reporting and recordkeeping requirements where the owner or operator
calculates and reports the CEMS data and glass production data used to
show compliance with the allowable NOX emissions limitations
on a quarterly basis no later than 30 days after the end of the
quarter. A detailed summary of EPA's review of and rationale for
proposing to approve this SIP revision may be found in the Technical
Support Document (TSD) for this action which is available on line at
http://www.regulations.gov, Docket number EPA-R03-OAR-2011-0286.
III. Proposed Action
EPA is proposing to approve the Pennsylvania SIP revision for the
control of NOX emissions from glass melting furnaces
submitted on July 23, 2010. This regulation will reduce emissions of
NOX from glass melting furnaces. The reduction of
NOX emissions will also help protect the public health from
high levels of ozone and fine particular matter (PM2.5), of
which NOX is a precursor component. The reduction of
NOX emissions also reduces visibility impairment and acid
deposition. EPA is soliciting public comments on the issues discussed
in this document. These comments will be considered before taking final
action.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed 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 (Pub. L. 104-4);
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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 CAA; 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 proposed rule, pertaining to Pennsylvania's
control of NOX emissions from glass melting furnaces, 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Particulate matter, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 25, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-14455 Filed 6-9-11; 8:45 am]
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