Federal Register: July 6, 2005 (Volume 70, Number 128)
DOCID: FR Doc 05-13283
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
RME ID: [RME No. R03-OAR-2004-MD-0002; FRL-7933-8]
NOTICE: PROPOSED RULES
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Proposed rule.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Visible and Particulate Emissions From Glass Melting Facilities
DATES: Written comments must be received on or before August 5, 2005.
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).
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
The State of Maryland identified a type of glass melting facility
which required a different standard than the currently SIPapproved
visible emissions and particulate matter (PM
As required by CAA Sec. 110(1), the State of Maryland performed
air quality modeling using an EPAapproved protocol to demonstrate that
revisions to the existing SIP requirements do not adversely affect the
attainment or maintenance of the PM
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 PM
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 PM
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 postforming 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
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 30day 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. 1044). 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. 0513283 Filed 7505; 8:45 am]
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