[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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

[[Page 34022]]

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);

[[Page 34023]]

     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]
BILLING CODE 6560-50-P