Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Visible and Particulate Emissions From Glass Melting Facilities, 38837-38839 [05-13283]
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Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Proposed Rules
composition, may be necessary to
prevent deception under Section 5 of
the FTC Act? How do these disclosures
compare to disclosures already required
for other jewelry products, for example,
gold?
5. Are there significant differences
between the 500–850 ppt pure platinum
alloys with no PGMs and other
platinum products in terms of
durability, scratch resistance, tarnish,
hypoallergenicity, ability to hold
settings, or similar qualities? What
evidence is there on these issues?
6. How would a product containing
500 ppt pure platinum and no other
PGM be marked if it were being sold
outside the United States? Is there an
international standard that addresses a
product with this composition?
7. Should the platinum section of the
Jewelry Guides be amended to address
other products that contain platinum,
such as platinum-clad, platinum-filled,
platinum-plated, platinum-coated or
platinum overlay products, that are not
currently addressed in the section? If so,
why? What guidance is needed to
ensure that consumers are not misled
about the composition of such products
and their performance, durability, value
and special care requirements, if any?
Are such products currently being
marketed, and if so, how? How are such
products marked if they are sold outside
the United States? Are there any
international standards that address
such products?
All comments should be filed as
prescribed in the ADDRESSES section
above, and must be received on or
before September 28, 2005.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 05–13285 Filed 7–5–05; 8:45 am]
BILLING CODE 6750–01–U
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
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
a State Implementation Plan (SIP)
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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).
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: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
Agency Web site: https://
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: campbell.dave@epa.gov.
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 previouslylisted 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 https://
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
DATES:
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38837
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 https://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 email at miller.linda@epa.gov.
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.
SUPPLEMENTARY INFORMATION:
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38838
Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Proposed Rules
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 § 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 § 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 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
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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
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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
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Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Proposed Rules
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
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[RME–OAR–2005–MD–0006; FRL–7933–7]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Approval of Clarifications of
Requirements for Fuel-Burning
Equipment
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA proposes to approve the
State Implementation Plan (SIP)
revision submitted by the State of
Maryland for the purpose of approving
clarifications to the applicability and
compliance methods for particulate
matter standards for fuel-burning
equipment. In the Final Rules section of
this Federal Register, EPA is approving
the State’s SIP submittal as a direct final
rule without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this action, no
further activity is contemplated. If EPA
receives adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
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15:27 Jul 05, 2005
Jkt 205001
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
DATES: Comments must be received in
writing by August 5, 2005.
ADDRESSES: Submit your comments,
identified by Regional Material in
EDocket (RME) ID Number RME–OAR–
2005–MD–0006 by one of the following
methods:
A. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Agency Web site: https://
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.
C. E-mail: Campbell.Dave@epa.gov.
D. Mail: [RME ID Number], David
Campbell, Chief, Air Quality Planning
and Analysis, Mailcode 3AP21, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
E. Hand Delivery: At the previouslylisted 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. RME–OAR–2005–MD–
0006. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.docket.epa.gov/rmepub/,
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 RME,
regulations.gov or e-mail. The EPA RME
and the Federal regulations.gov websites
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 email 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
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
38839
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 https://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.
FOR FURTHER INFORMATION CONTACT:
Linda Miller, (215) 814–2068, or by email at miller.linda@epa.gov.
For
further information, please see the
information provided in the direct final
action on clarifications to the
applicability and compliance methods
for particulate matter standards for fuelburning equipment, with the same title,
that is located in the ‘‘Rules and
Regulations’’ section of this Federal
Register publication.
Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
SUPPLEMENTARY INFORMATION:
Dated: June 15, 2005.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 05–13282 Filed 7–5–05; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Proposed Rules]
[Pages 38837-38839]
From the Federal Register Online via the Government Printing 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: https://www.regulations.gov. Follow the
on-line instructions for submitting comments.
Agency Web site: https://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: campbell.dave@epa.gov.
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
https://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 https://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 miller.linda@epa.gov.
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
