[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13283]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[RME No. R03-OAR-2004-MD-0002; FRL-7933-8]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Control of Visible and Particulate Emissions From Glass
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of Maryland. This revision consists of
regulations for the control of particulate and visible emissions from
glass melting facilities. This action is being taken under the Clean
Air Act (CAA or the Act).
DATES: Written comments must be received on or before August 5, 2005.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID Number R03-OAR-2004-MD-0002 by one of the following
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
on-line instructions for submitting comments.
Agency Web site: http://www.docket.epa.gov/rmepub/ RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Follow the on-line instructions for submitting
E-mail: [email protected].
Mail: R03-OAR-2004-MD-0002, David Campbell, Chief, Air Quality and
Analysis Branch, Mailcode 3AP21, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
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
Instructions: Direct your comments to RME ID No. R03-OAR-2004-MD-
0002. 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.docket.epa.gov/rmepub/, including any personal information
provided, unless the comment included information claimed to be
Confidential Business Information (CBI) or other information whose
disclose is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through RME, regulations.gov
or e-mail. The EPA RME and the Federal regulations.gov Web sites are 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 RME or 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
RME index at http://www.docket.epa.gov/rmepub/. 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 RME
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 Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland, 21230, Baltimore,
FOR FURTHER INFORMATION CONTACT: Linda Miller, (215) 814-2068, or by e-
mail at [email protected].
SUPPLEMENTARY INFORMATION: On November 18, 2004, the State of Maryland
submitted a formal revision to its State Implementation Plan (SIP). The
SIP revision consists of regulations to control particulates and
visible emissions from glass melting facilities.
The existing SIP requirements for particulates and visible
emissions are found in Code of Maryland Regulations, Title 26, Subtitle
11 Air Quality, Chapter 06 General Emission Standards, Prohibitions,
and Restrictions (COMAR 26.11.06). For air quality planning purposes,
the State has been divided into planning areas (COMAR 26.11.01.03).
This SIP revision affects requirements for the Baltimore and Washington
planning areas. The entire State of Maryland is currently in attainment
with the national ambient air quality standards (NAAQS) for particulate
matter (PM10). The Baltimore and Washington metropolitan
areas have recently been designated nonattainment for fine particulate
matter (PM2.5). Requirements for the attainment of these
areas will be submitted by the State of Maryland by April 5, 2008.
The State of Maryland identified a type of glass melting facility
which required a different standard than the currently SIP-approved
visible emissions and particulate matter (PM10) requirements
in the Baltimore and Washington areas. The State has revised its
regulations to include amended visible and PM10 emission
limits for glass melting facilities. These limits were promulgated in
COMAR 26.11.16, subsequently recodified as COMAR 26.11.25. Currently,
the State has identified one operating source in Baltimore which is
subject to the revised requirements.
As required by CAA Sec. 110(1), the State of Maryland performed
air quality modeling using an EPA-approved protocol to demonstrate that
revisions to the existing SIP requirements do not adversely affect the
attainment or maintenance of the PM10 NAAQS. In addition, an
analysis was completed to demonstrate that the changes did not exceed
the maximum allowable increases level in CAA Sec. 163.
II. Summary of SIP Revision
On November 18, 2004 the State submitted a SIP revision request
which included COMAR 26.11.25 to be approved into the SIP. Supporting
the request, the State provided a PM10 dispersion modeling
analysis. Documentation of public participation was included in the
The regulations for glass melting facilities, COMAR 26.11.16
(Effective September 24, 1984), were recodified to COMAR 26.11.25
Control of Glass Melting Furnaces (Effective October 5, 1998). The
regulation is applicable to certain types of glass melting furnaces in
the Baltimore and Washington planning areas. MDE has identified one
operating facility for which this regulation applies. The source is not
a major source for PM10.
According to MDE, it is not feasible for the specific type of glass
melting furnaces referenced in this regulation to meet zero visible
emissions as required in the Baltimore and Washington planning areas.
Therefore, the regulation allows for this source category a standard
permitting up to 20 percent opacity from the glass melting furnace and
fugitive emissions standard allowing up to 20 percent opacity from a
building containing forming and post-forming equipment.
The current particulate matter emissions standard for sources in
these areas is 0.03 grains per standard dry cubic foot of dry exhaust
gas (gr/SCFD). The submitted SIP revision includes a revised
particulate matter emissions standard for glass melting furnace based
on the following calculation:
(1) E = 5 + 0.48 (P)
E = maximum weight discharged per hour (pounds)
P = process weight in tons per hour;
(2) E = 2.27 + 0.24 (P)
E = maximum weight discharged per hour (kilograms)
P = process weight in megagrams per hour
The State of Maryland performed modeling analyses to demonstrate
that the revised particulates standard in COMAR 26.11.25 would not
adversely affect the national ambient air quality standards (NAAQS) for
PM10. EPA has reviewed the modeling analysis and agrees it
demonstrates that the NAAQS for PM10 will not be exceeded by
the proposed revision to the glass manufacturing emission limits.
The Maryland Department of the Environment provided public notice
and opportunity for comment, including a public hearing, on the
revision to the SIP. The regulation and the modeling demonstration were
made available as part of this public notice. There were no comments on
the proposal during the public hearing. No comments were received in
the 30-day public comment period.
III. Proposed Action
EPA's review of this material indicates the revision will not cause
or contribute to a violation of the NAAQS. EPA is proposing to approve
the State of Maryland SIP revision for control of particulates and
visible emissions from glass melting facilities as submitted on
November 18, 2004. 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 Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed 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 proposed to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed 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 proposes to approve 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 (Pub. L. 104-4). This proposed 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 government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely proposes to approve a state rule implementing a Federal
requirements, and does not alter the relationship or the distribution
of power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 (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 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. As required by section 3
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing
this proposed 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. EPA has complied
with Executive Order
12630 (53 FR 8859, March 15, 1988) 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 proposed rule to approve revisions to control of particulate
emissions from glass melting facilities does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Particulate
matter, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 15, 2005.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 05-13283 Filed 7-5-05; 8:45 am]
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