Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules 34021 

Federal modeling requirements. 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 EPA 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. 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final rule will be withdrawn and all 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 

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 July 11, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2009–0881 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the online instructions for submitting 

comments. 

B. E-mail: cox.kathleen@epa.gov. 

C. Mail: EPA–R03–OAR–2009–0881, 

Kathleen Cox, Associate Director, Office 

of Permits and Air Toxics, Mailcode 

3AP10, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. 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 

Docket ID No. EPA–R03–OAR–2009– 

0881. 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 

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 Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105; 

and the Allegheny County Health 

Department, Bureau of Environmental 

Quality, Division of Air Quality, 301 

39th Street, Pittsburgh, Pennsylvania 

15201. 

FOR FURTHER INFORMATION CONTACT: Paul 

T. Wentworth, (215) 814–2183, or by 

e-mail at wentworth.paul@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the ‘‘Rules and Regulations’’ 

section of this Federal Register 

publication. 

Dated: May 6, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2011–14231 Filed 6–9–11; 8:45 am] 

BILLING CODE 6560–50–P 

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: 

fernandez.cristina@epa.gov. 

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 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 

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 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

34022 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules 

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 

quinto.rose@epa.gov. 

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 furnaceby-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); 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 223 

[Docket No. 100813359–1195–01] 

RIN 0648–AY96 

Endangered and Threatened Species; 

Proposed Protective Regulations for 

the Gulf of Maine Distinct Population 

Segment of Atlantic Sturgeon 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments; notice of availability of an 

environmental assessment. 

SUMMARY: This proposed rule proposes 

to extend the Endangered Species Act 

(ESA) section 9(a)(1)(A) through 

9(a)(1)(G) prohibitions to all activities 

impacting the Gulf of Maine (GOM) 

Distinct Population Segment (DPS) of 

Atlantic sturgeon throughout its range 

except for two types of activities, 

scientific research and rescue/salvage 

activities, when those activities occur 

within the riverine range of the GOM 

DPS. The ESA section 9 prohibitions are 

comprehensive and pertain to any 

person subject to the jurisdiction of the 

United States. Specifically, section 9 of 

the ESA prohibits the import, export, 

taking, possession, sale or offering for 

sale in interstate or foreign commerce, 

delivery, receiving of, carrying, 

transportation, or shipping in interstate 

or foreign commerce any such species, 

or violation of any regulation pertaining 

to such species. On October 6, 2010, we, 

the National Marine Fisheries Service 

(NMFS), proposed to list the DPS of 

Atlantic sturgeon in the GOM as 

threatened under the ESA. When a 

species is listed as ‘‘threatened’’ under 

the ESA, we are required to issue 

protective regulations under section 4(d) 

of the ESA. Such protective regulations 

are ones deemed ‘‘necessary and 

advisable for the conservation of the 

species’’ and may include any act 

prohibited for endangered species under 

section 9(a)(1) of the ESA. The 

prohibitions and exceptions proposed in 

this rule are deemed necessary and 

advisable for the conservation of this 

species. We expect that the result of 

extending such prohibitions will be to 

protect the GOM DPS of Atlantic 

sturgeon from direct forms of take, such 

as physical injury or killing, and from 

indirect forms of take, such as harm that 

results from habitat degradation while 

still allowing scientific research as well 

as salvage of dead fish and rescue of 

injured fish by experienced personnel. 

These actions will help preserve and 

recover the GOM DPS of Atlantic 

sturgeon by addressing the negative 

effects from stressors impeding recovery 

of the DPS. 

DATES: Comments on this proposal must 

be received by August 9, 2011. 

ADDRESSES: You may submit comments, 

identified by the RIN No. 0648–AY96, 

by any of the following methods: 

• Federal eRulemaking Portal: http// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: To the attention of Lynn 

Lankshear at (978) 281–9394. 

• Mail or hand-delivery: Submit 

written comments to the Assistant 

Regional Administrator, Protected 

Resources Division, NMFS, Northeast 

Region, 55 Great Republic Drive, 

Gloucester, MA 01930. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

We will accept anonymous comments 

(enter ‘‘n/a’’ in the required fields if you 

wish to remain anonymous). 

Attachments to electronic comments 

will be accepted in Microsoft Word, 

Excel, WordPerfect, or Adobe PDF file 

formats only. 

The proposed rule and other reference 

materials regarding this determination 

are available electronically at http:// 

www.nero.noaa.gov/prot_res/ 

atlsturgeon/under the section titled 

‘‘What’s New’’ or by submitting a request 

to the Assistant Regional Administrator, 

Protected Resources Division, NMFS, 

Northeast Region, 55 Great Republic 

Dive, Gloucester, MA 01930. 

FOR FURTHER INFORMATION CONTACT: 

Lynn Lankshear, NMFS, Northeast 

Region (978) 282–8473, Kimberly 

Damon-Randall, NMFS, Northeast 

Region (978) 282–8485 or Lisa Manning, 

NMFS, Office of Protected Resources 

(301) 713–1401. 

SUPPLEMENTARY INFORMATION: 

Background 

As described in the Federal Register 

notices published October 6, 2010 (75 

FR 61872 and 75 FR 61904), NMFS 

determined that there are five Atlantic 

sturgeon DPSs within the United States. 

Along with the GOM DPS, there are also 

the New York Bight (NYB), Chesapeake 

Bay (CB), Carolina, and South Atlantic 

DPSs. NMFS has determined that listing 

all of the U.S. Atlantic sturgeon DPSs 

except the GOM DPS as endangered is 

warranted. 

The prohibitions listed under section 

9(a)(1) of the ESA automatically apply 

when a species is listed as endangered 

but not when listed as threatened. 

Section 9 of the ESA prohibits any 

person subject to the jurisdiction of the 

United States from: (a) Importing any 

such species into, or exporting any such 

species from the U.S.; (b) taking any 

such species within the U.S. or the U.S. 

territorial sea; (c) taking any such 

species upon the high seas; (d) 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS