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[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Rules and Regulations]
[Pages 52283-52286]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21262]

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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.

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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

[[Page 52284]]

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 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.
    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

[[Page 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]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (c)(1) is amended by:
0
a. Revising the entry for Section 121.1.
0
b. Adding entries for Sections 129.301 through 129.310.
    The amendments read as follows:

Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (1) * * *

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                                                          State
         State citation              Title/subject      effective    EPA approval date   Additional explanation/
                                                           date                          Sec.   52.2063 citation
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                                       Title 25--Environmental Protection
                                           Article III--Air Resources
                                        Chapter 121--General Provisions
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Section 121.1...................  Definitions........     12/18/10  8/22/11 [Insert      Added new definitions
                                                                     page number where    and terms. The State
                                                                     the document         effective date is 6/19/
                                                                     begins].             10.
 
                                                  * * * * * * *
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                                        Chapter 129--Standard for Sources
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                                                  * * * * * * *
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                                           Additional NOX Requirements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                              Control of NOX Emissions From Glass Melting Furnaces
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Section 129.301.................  Purpose............      6/19/10  8/22/11 [Insert      New section
                                                                     page number where
                                                                     the document
                                                                     begins].
Section 129.302.................  Applicability......      6/19/10  8/22/11 [Insert      New section
                                                                     page number where
                                                                     the document
                                                                     begins].
Section 129.303.................  Exemptions.........      6/19/10  8/22/11 [Insert      New section
                                                                     page number where
                                                                     the document
                                                                     begins].
Section 129.304.................  Emission                 6/19/10  8/22/11 [Insert      New section
                                   requirements.                     page number where
                                                                     the document
                                                                     begins].
Section 129.305.................  Start-up                 6/19/10  8/22/11 [Insert      New section
                                   requirements.                     page number where
                                                                     the document
                                                                     begins].
Section 129.306.................  Shutdown                 6/19/10  8/22/11 [Insert      New section
                                   requirements.                     page number where
                                                                     the document
                                                                     begins].
Section 129.307.................  Idling requirements      6/19/10  8/22/11 [Insert      New section
                                                                     page number where
                                                                     the document
                                                                     begins].
Section 129.308.................  Compliance               6/19/10  8/22/11 [Insert      New section
                                   determination.                    page number where
                                                                     the document
                                                                     begins].

[[Page 52286]]

 
Section 129.309.................  Compliance               6/19/10  8/22/11 [Insert      New section
                                   demonstration.                    page number where
                                                                     the document
                                                                     begins].
Section 129.310.................  Recordkeeping......      6/19/10  8/22/11 [Insert      New section
                                                                     page number where
                                                                     the document
                                                                     begins].
 
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[FR Doc. 2011-21262 Filed 8-19-11; 8:45 am]
BILLING CODE 6560-50-P
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