Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations 52283 

EPA-APPROVED REGULATIONS IN THE MARYLAND SIP—Continued 

Code of Maryland administrative 

regulations (COMAR) citation Title/subject State effective date EPA approval date Additional explanation/citation at 40 CFR § 52.1100 

*******

(d) EPA approved state sourcespecific requirements. 

Name of source Permit number/type State effective 

date EPA approval date Additional explanation 

Potomac Electric Power Company (PEPCO)—Chalk Point 

Units #1 and #2.

#49352 Amended Consent Order 2/27/78 4/2/79 44 FR 19192 ......... 52.1100(c)(22); FRN republished 5/3/79 (44 FR 

25840). 

* * * * * * * 

(e) EPA-approved nonregulatory and 

quasi-regulatory material. 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

Carbon Monoxide Maintenance 

Plan.

City of Baltimore—Regional Planning District 118.9/20/95 

7/15/04 

7/15/04 

10/31/95 60 FR 55321 .....

4/04/05 70 FR 16958 .......

52.1100(c)(117). 

Revised Carbon Monoxide 

Maintenance Plan Base 

Year Emissions Inventory using MOBILE6. 

Carbon Monoxide Maintenance 

Plan.

Montgomery County Election Districts 4, 7, and 13; Prince 

Georges County Election Districts 2, 6, 12, 16, 17, and 18.

10/12/95 

3/3/04 

1/30/96 61 FR 2931 .........

4/04/05 70 FR 16958 .......

52.1100(c)(118). 

Revised Carbon Monoxide 

Maintenance Plan Base 

Year Emissions Inventory using MOBILE6. 

*******

1-Hour Ozone Attainment Plan ... Washington DC 1-hour ozone 

nonattainment area.

9/2/03 2/24/04 11/16/05 70 FR 69440.

8-Hour Ozone Maintenance Plan 

for the Kent and Queen Anne’s 

Area.

Kent and Queen Anne’s Counties 5/2/06 5/19/06 12/22/06 71 FR 76920.

* * * * * * * 

[FR Doc. 2011–21260 Filed 8–19–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0286; FRL–9453–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Control of Nitrogen 

Oxides Emissions From Glass Melting 

Furnaces 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania. The SIP revisions pertain 

to the control of nitrogen oxide (NOX) 

emissions from glass melting furnaces. 

EPA is approving these revisions to 

reduce NOX emissions from glass 

melting furnaces in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: Effective Date: This final rule is 

effective on September 21, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

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52284 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations 

Number EPA–R03–OAR–2011–0286. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. Although listed in the electronic 

docket, some information is not publicly 

available, i.e., confidential business 

information (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 through 

http://www.regulations.gov or in hard 

copy for public inspection 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: 

I. Background 

On June 10, 2011 (76 FR 34021), EPA 

published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Pennsylvania. The 

NPR proposed approval for the control 

of NOX emissions from glass melting 

furnaces. The formal SIP revision was 

submitted by the Pennsylvania 

Department of the Environmental 

Protection (PADEP) on July 23, 2010. 

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. 

Other specific requirements for the 

control of NOX emissions from glass 

melting furnaces and the rationale for 

EPA’s proposed action are explained in 

the NPR and will not be restated here. 

No public comments were received on 

the NPR. 

III. Final Action 

EPA is approving 25 Pa. Code Chapter 

121.1, relating to definitions used in the 

substantive provision of this SIP 

revision and the new regulation 

pertaining to the NOX standards in 25 

Pa. Code Chapter 129 (Standards for 

Sources)—Control of NOX Emissions 

from Glass Melting Furnaces (sections 

129.301 through 129.310) as revisions to 

the Pennsylvania SIP. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

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 approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this 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); 

• 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 rule 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. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

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Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations 52285 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 21, 2011. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. 

This action, pertaining to 

Pennsylvania’s control of NOX

emissions from glass melting furnaces 

may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: August 8, 2011. 

W.C. Early, 

Acting, Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(c)(1) is amended by: 

■ a. Revising the entry for Section 121.1. 

■ b. Adding entries for Sections 129.301 

through 129.310. 

The amendments read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(c) * * * 

(1) * * * 

State citation Title/subject State effective date EPA approval date Additional explanation/§ 52.2063 citation 

Title 25—Environmental Protection 

Article III—Air Resources 

Chapter 121—General Provisions 

Section 121.1 ................. Definitions ..................... 12/18/10 8/22/11 [Insert page 

number where the 

document begins].

Added new definitions and terms. The State effective date is 6/19/10. 

* * * * * * * 

Chapter 129—Standard for Sources 

*******

Additional NOX Requirements 

*******

Control of NOX Emissions From Glass Melting Furnaces 

Section 129.301 ............. Purpose ......................... 6/19/10 8/22/11 [Insert page 

number where the 

document begins].

New section 

Section 129.302 ............. Applicability ................... 6/19/10 8/22/11 [Insert page 

number where the 

document begins].

New section 

Section 129.303 ............. Exemptions ................... 6/19/10 8/22/11 [Insert page 

number where the 

document begins].

New section 

Section 129.304 ............. Emission requirements 6/19/10 8/22/11 [Insert page 

number where the 

document begins].

New section 

Section 129.305 ............. Start-up requirements ... 6/19/10 8/22/11 [Insert page 

number where the 

document begins].

New section 

Section 129.306 ............. Shutdown requirements 6/19/10 8/22/11 [Insert page 

number where the 

document begins].

New section 

Section 129.307 ............. Idling requirements ....... 6/19/10 8/22/11 [Insert page 

number where the 

document begins].

New section 

Section 129.308 ............. Compliance determination.6/19/10 8/22/11 [Insert page 

number where the 

document begins].

New section 

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52286 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations 

State citation Title/subject State effective date EPA approval date Additional explanation/§ 52.2063 citation 

Section 129.309 ............. Compliance demonstration.6/19/10 8/22/11 [Insert page 

number where the 

document begins].

New section 

Section 129.310 ............. Recordkeeping .............. 6/19/10 8/22/11 [Insert page 

number where the 

document begins].

New section 

* * * * * * * 

* * * * * 

[FR Doc. 2011–21262 Filed 8–19–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 110303179–1290–02] 

RIN 0648–XA632 

Fisheries of the Northeastern United 

States; Spiny Dogfish Fishery; 

Commercial Period 1 Quota Harvested 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure of 

spiny dogfish fishery. 

SUMMARY: NMFS announces that the 

spiny dogfish commercial quota 

available to the coastal states from 

Maine through Florida for the first semiannual quota period, May 1, 2011– 

October 31, 2011, has been harvested. 

Therefore, effective 0001 hours, August 

26, 2011, federally permitted spiny 

dogfish vessels may not fish for, 

possess, transfer, or land spiny dogfish 

until November 1, 2011, when the 

Period 2 quota becomes available. 

Regulations governing the spiny dogfish 

fishery require publication of this 

notification to advise the coastal states 

from Maine through Florida that the 

quota has been harvested and to advise 

vessel permit holders and dealer permit 

holders that no Federal commercial 

quota is available for landing spiny 

dogfish in these states. This action is 

necessary to prevent the fishery from 

exceeding its Period 1 quota and to 

allow for effective management of this 

stock. 

DATES: Effective at 0001 hr local time, 

August 26, 2011, through 2400 hr local 

time October 31, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Carly Knoell, (978) 281–9224, or 

Carly.Knoell@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the spiny dogfish 

fishery are found at 50 CFR part 648, 

subpart L. The regulations require 

annual specification of a commercial 

quota, which is allocated into two quota 

periods based upon percentages 

specified in the fishery management 

plan. The fishery is managed from 

Maine through Florida, as described in 

§ 648.230. 

The initial total commercial quota for 

spiny dogfish for the 2011 fishing year 

is 20 million lb (9,071.85 mt) (76 FR 

32874, June 7, 2011). The commercial 

quota is allocated into two periods (May 

1 through October 31, and November 1 

through April 30). Vessel possession 

limits are set at 3,000 lb (1.36 mt) per 

trip for both Quota Periods 1 and 2. 

Quota Period 1 is allocated 11,580,000 

lb (5,252.6 mt), and Quota Period 2 is 

allocated 8,420,000 lb (3,819.25 mt) of 

the commercial quota. The total quota 

cannot be exceeded, so landings in 

excess of the amount allocated to Period 

1 have the effect of reducing the quota 

available to the fishery during Period 2. 

The Administrator, Northeast Region, 

NMFS (Regional Administrator), 

monitors the commercial spiny dogfish 

quota for each quota period and, based 

upon dealer reports, state data, and 

other available information, determines 

when the total commercial quota will be 

harvested. NMFS is required to publish 

a notification in the Federal Register 

advising and notifying commercial 

vessels and dealer permit holders that, 

effective upon a specific date, the 

Federal spiny dogfish commercial quota 

has been harvested and no Federal 

commercial quota is available for 

landing spiny dogfish for the remainder 

of that quota period. 

Section 648.4(b) provides that Federal 

spiny dogfish permit holders agree, as a 

condition of the permit, not to land 

spiny dogfish in any state after NMFS 

has published notification in the 

Federal Register that the commercial 

quota has been harvested and that no 

commercial quota for the spiny dogfish 

fishery is available. Therefore, effective 

0001 hr local time, August 26, 2011, 

landings of spiny dogfish in coastal 

states from Maine through Florida by 

vessels holding commercial Federal 

fisheries permits will be prohibited 

through October 31, 2011, 2400 hr local 

time. The 2011 Period 2 quota will be 

available for commercial spiny dogfish 

harvest on November 1, 2011. Effective 

August 26, 2011, federally permitted 

dealers are also advised that they may 

not purchase spiny dogfish from vessels 

issued Federal spiny dogfish permits 

that land in coastal states from Maine 

through Florida. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds good cause 

pursuant to 5 U.S.C. 553(b)(B) to waive 

prior notice and the opportunity for 

public comment because it would be 

contrary to the public interest. This 

action closes the spiny dogfish fishery 

until November 1, 2011, under current 

regulations. The regulations at § 648.231 

require such action to ensure that spiny 

dogfish vessels do not exceed the 2011 

Period 1 quota. Data indicating the 

spiny dogfish fleet will have landed the 

2011 Period 1 quota have only recently 

become available. If implementation of 

this closure is delayed to solicit prior 

public comment, the quota for Period 1 

will be exceeded, thereby undermining 

the conservation objectives of the FMP. 

The AA further finds, pursuant to 5 

U.S.C. 553(d)(3), good cause to waive 

the 30-day delayed effectiveness period 

for the reasons stated above. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: August 17, 2011. 

Galen R. Tromble, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–21386 Filed 8–19–11; 8:45 am] 

BILLING CODE 3510–22–P 

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