[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Proposed Rules]
[Pages 38837-38839]
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 
Melting Facilities

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 
methods:
    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 
comments.
    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 
boxed information.
    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, 
Maryland 21224.

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.

[[Page 38838]]

    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 
submittal.
    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)

Where:

E = maximum weight discharged per hour (pounds)
P = process weight in tons per hour;

or
(2) E = 2.27 + 0.24 (P)

Where:

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

[[Page 38839]]

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]
BILLING CODE 6560-50-M