Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations 60735 

description of an area) of any establishment 

listed. 

(3) Other matters or problems of mutual 

concern. 

i. Time, date, and place for next board 

meeting. 

j. Adjournment of the board. 

(Board Recorder’s Name) 

(Rank, Branch of Service), Recorder, Armed 

Forces Disciplinary Control Board 

Approved: 

(Board President’s Name) 

(Rank, Branch of Service) President, Armed 

Forces Disciplinary Control Board 

(Note: The minutes of the board proceedings 

will be forwarded by official correspondence 

from the board president to the sponsoring 

commander for approval of the board’s 

recommendations. By return endorsement, 

the sponsoring commander will either 

approve or disapprove the board’s 

recommendations.) 

[FR Doc. 05–20903 Filed 10–18–05; 8:45 am] 

BILLING CODE 3710–08–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R05–OAR–2005–IN–0003; FRL–7981–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is approving a 

request from the Indiana Department of 

Environmental Management (IDEM) to 

revise the Indiana State Implementation 

Plan (SIP) in three areas: To amend the 

definition of ‘‘particulate matter,’’ and 

‘‘ambient air quality standards,’’ add 

new rules consistent with these 

amended definitions, and amend rules 

pertaining to sulfur dioxide (SO2) and 

nitrogen dioxide (NO2) ambient 

standards; to update the references to 

the Code of Federal Regulations (CFR) 

from the 2000 edition to the 2002 

edition; and to add ‘‘credible evidence 

provisions’’ into state rules consistent 

with federal requirements. 

DATES: This rule is effective on 

December 19, 2005, unless EPA receives 

adverse written comments by November 

18, 2005. If EPA receives adverse 

comments, EPA will publish a timely 

withdrawal of the rule in the Federal 

Register and inform the public that the 

rule will not take effect. 

ADDRESSES: Submit comments, 

identified by Regional Material in 

EDocket (RME) ID No. R05–OAR–2005–

IN–0003, by one of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Agency Web site: http:// 

docket.epa.gov/rmepub/. Regional RME, 

EPA’s electronic public docket and 

comments system, is EPA’s preferred 

method for receiving comments. Once 

in the system, select ‘‘quick search,’’

then key in the appropriate RME Docket 

identification number. Follow the 

online instructions for submitting 

comments. 

E-mail: mooney.john@epa.gov. 

Fax: (312) 886–5824. 

Mail: You may send written 

comments to: John M. Mooney, Chief, 

Criteria Pollutant Section, (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

Hand delivery: Deliver your 

comments to: John M. Mooney, Chief, 

Criteria Pollutant Section, (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

18th floor, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m. excluding Federal holidays. 

Instructions: Direct your comments to 

RME ID No. R05–OAR–2005–IN–0003. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change, 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 Web site and 

the Federal regulations.gov Web site are 

‘‘anonymous access’’ systems, 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. For additional instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of the related proposed rule which is 

published in the Proposed Rules section 

of this Federal Register. 

Docket: All documents in the 

electronic docket are listed in the RME 

index at http://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. 

Publicly available docket materials are 

available either electronically in RME or 

in hard copy at Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. We 

recommend that you telephone Julie 

Henning, Environmental Protection 

Specialist, at (312) 886–4882 before 

visiting the Region 5 office. This Facility 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. 

FOR FURTHER INFORMATION CONTACT: Julie 

Henning, Environmental Protection 

Specialist, State and Tribal Planning 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–4882, 

henning.julie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. General Information 

A. How Can I Get Copies of This Document 

and Other Related Information? 

B. How and to Whom Do I Submit 

Comments? 

II. Background 

III. What Are the Revisions That the State 

Requests Be Incorporated Into the SIP? 

IV. What Action Is EPA Taking Today? 

V. Statutory and Executive Order Reviews 

I. General Information 

A. How Can I Get Copies of This 

Document and Other Related 

Information? 

1. The Regional Office has established 

an electronic public rulemaking file 

available for inspection at RME under 

ID No. R05–OAR–2005–IN–0003, and a 

hard copy file which is available for 

inspection at the Regional Office. The 

official public file consists of the 

documents specifically referenced in 

this action, any public comments 

received, and other information related 

to this action. Although a part of the 

official docket, the public rulemaking 

60736 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations 

file does not include CBI or other 

information whose disclosure is 

restricted by statute. The official public 

rulemaking file is the collection of 

materials that is available for public 

viewing at the Air Programs Branch, Air 

and Radiation Division, EPA Region 5, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. EPA requests that, if at 

all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:30 a.m. to 4:30 p.m. 

excluding Federal holidays. 

2. Electronic Access. You may access 

this Federal Register document 

electronically through the 

regulations.gov Web site located at 

http://www.regulations.gov where you 

can find, review, and submit comments 

on Federal rules that have been 

published in the Federal Register, the 

Government’s legal newspaper, and that 

are open for comment. 

For public commenters, it is 

important to note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing at the EPA Regional Office, as 

EPA receives them and without change, 

unless the comment contains 

copyrighted material, CBI, or other 

information whose disclosure is 

restricted by statute. When EPA 

identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

the official public rulemaking file. The 

entire printed comment, including the 

copyrighted material, will be available 

at the Regional Office for public 

inspection. 

B. How and to Whom Do I Submit 

Comments? 

You may submit comments 

electronically, by mail, or through hand 

delivery/courier. To ensure proper 

receipt by EPA, identify the appropriate 

rulemaking identification number by 

including the text ‘‘Public comment on 

proposed rulemaking Region 5 Air 

Docket R05–OAR–2005–IN–0003’’ in 

the subject line on the first page of your 

comment. Please ensure that your 

comments are submitted within the 

specified comment period. Comments 

received after the close of the comment 

period will be marked ‘‘late.’’ EPA is not 

required to consider these late 

comments. 

For detailed instructions on 

submitting public comments and on 

what to consider as you prepare your 

comments see the ADDRESSES section 

and the section I General Information of 

the SUPPLEMENTARY INFORMATION section 

of the related proposed rule which is 

published in the Proposed Rules section 

of this Federal Register. 

II. Background 

A. When Did the State Submit the 

Requested Rule Revisions to EPA? 

IDEM submitted the requested rule 

revisions related to particulate matter on 

February 18, 2005, followed by the 

update to the CFR reference on February 

21, 2005, and the addition of the 

credible evidence provision on April 8, 

2005. 

B. Did Indiana Hold Public Hearings for 

Each of These Rule Revisions? 

IDEM held public hearings for each of 

the three rule revisions that were 

submitted: particulate matter, SO2 and 

NO2 ambient standards rule revision 

public hearings were held on May 5, 

2004, and September 1, 2004; CFR rule 

revision public hearings were held on 

February 5, 2003, April 16, 2003, and 

June 2, 2004; credible evidence rule 

revision public hearings were held on 

September 1, 2004, and November 3, 

2004. 

C. Did IDEM Receive Any Adverse 

Comments to These Changes? 

IDEM did not receive any comments 

concerning 326 IAC 1–1–3 (regarding 

the CFR reference change) or 326 IAC 1–

2 (regarding particulate matter, SO2 and 

NO2 ambient standards). IDEM did 

receive one comment concerning 326 

IAC 1–1–6, relating to credible 

evidence. In that case, the interested 

party did not object to the promulgation 

of the rule, but stated that it would 

retain the right to challenge the 

interpretation of the rule at some time 

in the future. 

III. What Are the Revisions That the 

State Requests Be Incorporated Into the 

SIP? 

The State has requested the following 

revisions: Changes to 326 IAC 1–2–52, 

‘‘Particulate Matter’’ defined; the 

addition of 326 IAC 1–2–52.2, ‘‘PM2.5’’

defined; the addition of 326 IAC 1–2–

52.4, ‘‘PM10’’ defined; the addition of 

326 IAC 1–2–82.5, ‘‘Total Suspended 

Particulate’’ or ‘‘TSP’’ defined; changes 

to 326 IAC 1–3–4, Ambient air quality 

standards; changes to 1–1–3, References 

to the Code of Federal Regulations; and 

the addition of 326 IAC 1–1–6, 

‘‘Credible evidence.’’ The revisions are 

described in more detail below: 

A. Particulate Matter Definitions and 

Ambient Air Quality Standards 

Language 

IDEM has made a number of revisions 

related to the federal fine particulate 

matter standards. These are: Amending 

the definition for ‘‘particulate matter’’ at 

326 IAC 1–2–52; adding a definition for 

PM2.5 at 326 IAC 1–2–52.2; adding a 

definition of PM10 at 326 IAC 1–2–52.4; 

and adding a definition of ‘‘Total 

Suspended Particulate’’ or ‘‘TSP’’ at 326 

IAC 1–2–82.5. Indiana also made minor 

administrative revisions to the Ambient 

Air Quality Standards section for PM10, 

SO2 and NO2 at 326 IAC 1–3–4. In the 

same rule, Indiana added a section 

stating the values of the primary and 

secondary standards for PM2.5. These 

revisions and additions are patterned 

after language in the revised federal 

standards at 40 CFR 50.6 and 50.7. 

B. CFR Reference 

The reference to the CFR was updated 

in 326 IAC 1–1–3 from the 2000 edition 

to the 2002 edition. This is solely an 

administrative change that allows 

Indiana to reference the most current 

CFR. 

C. Credible Evidence 

IDEM is requesting the approval of 

326 IAC 1–1–6 which adds credible 

evidence provisions to state rules, 

consistent with the SIP call published 

by EPA in 1997 (62 FR 8314). The 

language of this new rule is patterned 

after the federal Credible Evidence rule 

at 40 CFR 51.212(c). The primary 

purpose of the Credible Evidence rule is 

to clarify that non-reference test data 

can be used in enforcement 

determinations and compliance 

certifications. 

IV. What Action Is EPA Taking Today? 

We are approving revisions to the 

Indiana SIP in three areas: (1) To amend 

the definition of ‘‘particulate matter,’’

and ‘‘ambient air quality standards,’’

add new rules consistent with these 

amended definitions, and amend rules 

pertaining to SO2 and NO2 ambient 

standards; (2) to update the references to 

the Code of Federal Regulations (CFR) 

from the 2000 edition to the 2002 

edition; and (3) to add credible evidence 

provisions into state rules consistent 

with federal requirements. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations 60737 

comments are filed. This rule will be 

effective December 19, 2005, without 

further notice unless we receive relevant 

adverse written comments by November 

18, 2005. If we receive such comments, 

we will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. The EPA 

will not institute a second comment 

period. Any parties interested in 

commenting on this action should do so 

at this time. If we do not receive any 

comments, this action will be effective 

December 19, 2005. 

V. Statutory and Executive Order 

Reviews 

Executive Order 12866; Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. 

Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 or a ‘‘significant energy 

action,’’ 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). 

Regulatory Flexibility Act 

This action merely approves state law 

as meeting Federal requirements and 

imposes no additional requirements 

beyond those imposed by state law. 

Accordingly, the Administrator certifies 

that this 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.). 

Unfunded Mandates Reform Act 

Because this rule approves preexisting 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). 

Executive Order 13175 Consultation 

and Coordination With Indian Tribal 

Governments 

This rule also does not have tribal 

implications because it will 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 

(59 FR 22951, November 9, 2000). 

Executive Order 13132 Federalism 

This action also does not have 

Federalism implications because it does 

not 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). This action merely 

approves a state rule implementing a 

federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. 

Executive Order 13045 Protection of 

Children From Environmental Health 

and Safety Risks 

This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. 

National Technology Transfer 

Advancement Act 

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 a 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. 

Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Congressional Review Act 

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 

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 rule 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). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 19, 

2005. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule 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 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, Carbon monoxide, 

Incorporation by reference, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 23, 2005. 

Norman Niedergang, 

Acting Regional Administrator, Region 5. 

■ For the reasons stated in the preamble, 

part 52, chapter I, of title 40 of the Code 

of Federal Regulations 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 P—Indiana 

■ 2. Section 52.770 is amended by 

adding paragraph (c)(170) to read as 

follows: 

§ 52.770 Identification of plan. 

* * * * * 

60738 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations 

(c) * * * 

(170) The Indiana Department of 

Environmental Management submitted 

revisions to Indiana’s State 

Implementation plan on February 18, 

2005, February 21, 2005, and April 8, 

2005. Revisions to 326 IAC 1–2–52, 326 

IAC 1–2–82.5, and 326 IAC 1–3–4 

amend the definition of ‘‘particulate 

matter’’ to include the definition of 

PM2.5 and amends the section that 

specifies the national ambient air 

quality standards. Revisions to 326 IAC 

1–1–3 and 326 IAC 1–1–6 update the 

references to the Code of Federal 

Regulations (CFR) from the 2000 edition 

to the 2002 edition and add ‘‘credible 

evidence provisions’’ into state rules 

consistent with federal requirements, 

respectively. 

(i) Incorporation by reference. The 

following sections of the Indiana 

Administrative Code are incorporated 

by reference. 

(A) Indiana Administrative Code Title 

326: Air Pollution Control Board, 

Article 1: General Provisions, Rule 2: 

Definitions, Section 52: ‘‘ ‘Particulate 

matter’ ’’ defined,’’ Section 52.2: 

‘‘ ‘PM2.5’ defined,’’ Section 52.4:‘‘ ‘PM10’ 

defined,’’ Section 82.5: ‘‘ ‘Total 

suspended particulate’ or ‘TSP’

defined.’’ Indiana Administrative Code 

Title 326: Air Pollution Control Board, 

Article 1: General Provisions, Rule 3: 

Ambient Air Quality Standards, Section 

4: ‘‘Ambient air quality standards.’’

Filed with the Secretary of State on 

December 20, 2004 and effective on 

January 19, 2005. Published at Indiana 

Register, Volume 28, Number 5, 

February 1, 2005 (28 IR 1471–1473). 

(B) Indiana Administrative Code Title 

326: Air Pollution Control Board, 

Article 1: General Provisions, Rule 1: 

Provisions Applicable Throughout Title 

326, Section 3: ‘‘References to the Code 

of Federal Regulations.’’ Filed with the 

Secretary of State on August 26, 2004 

and effective on September 25, 2004. 

Published at Indiana Register, Volume 

28, Number 1, October 1, 2004 (28 IR 

17). 

(C) Indiana Administrative Code Title 

326: Air Pollution Control Board, 

Article 1: General Provisions, Rule 1: 

Provisions Applicable Throughout Title 

326, Section 6: ‘‘Credible evidence.’’

Filed with the Secretary of State on 

February 14, 2005 and effective on 

March 16, 2005. Published at Indiana 

Register, Volume 28, Number 7, April 1, 

2005 (28 IR 2045). 

[FR Doc. 05–20819 Filed 10–18–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R03–OAR–2004–MD–0002; FRL–7984–7] 

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: Final rule. 

SUMMARY: EPA is approving 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. 

DATES: Effective Date: This final rule is 

effective on November 18, 2005. 

ADDRESSES: EPA has established a 

docket for this action under Regional 

Material in EDocket (RME) ID Number 

R03–OAR–2004–MD–002. All 

documents in the docket are listed in 

the RME index at http:// 

www.docket.epa.gov/rmepub/. Once in 

the system, select ‘‘quick search,’’ then 

key in the appropriate RME 

identification number. 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 in RME 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 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. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 6, 2005 (70 FR 38837), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. The NPR proposed approval 

of regulations to control particulate and 

visible emissions from glass melting 

facilities. The formal SIP revision was 

submitted by the State of Maryland on 

November 18, 2004. 

II. Summary of SIP Revision 

The SIP revision request included 

COMAR 26.11.25 to be approved into 

the SIP. The regulation is applicable to 

certain types of glass melting furnaces 

in the Baltimore and Washington 

planning areas. 

A detailed discussion of the rationale 

for EPA’s approval is provided in the 

NPR and will not be restated here. No 

public comments were received on the 

NPR. 

III. Final Action 

EPA is approving the regulations for 

control of particulates and visible 

emissions from glass melting facilities 

as a revision to the Maryland SIP. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this 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 approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this 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 approves 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 

(Public Law 104–4). This rule also does 

not have tribal implications because it 

will 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). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the