[Federal Register: January 12, 2006 (Volume 71, Number 8)]
[Proposed Rules]
[Page 1996-1998]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ja06-26]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2005-MD-0015; FRL-8021-1]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Revised Definition of Interruptible Gas Service
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Maryland Department of the Environment. This
revision amends the regulation pertaining to the control of fuel-
burning equipment, stationary internal combustion engines, and certain
fuel burning installations. The revision clarifies the definition of
``interruptible gas service''. This action is being taken under the
Clean Air Act (CAA or the Act).
DATES: Written comments must be received on or before February 13,
2006.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2005-MD-0015 by one of the following methods:
A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: morris.makeba@epa.gov.
C. Mail: EPA-R03-OAR-2005-MD-0015, Makeba Morris, Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such
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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-
2005-MD-0015. 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 EPA 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 the
State submittal are available at the Maryland Department of the
Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland,
21230.
FOR FURTHER INFORMATION CONTACT: Helene Drago, (215) 814-5796, or by e-
mail at drago.helene@epa.gov.
SUPPLEMENTARY INFORMATION: On October 31, 2005, the Maryland Department
of the Environment submitted a revision to its State Implementation
Plan (SIP). The revision clarifies the definition of ``interruptible
gas service''. The revision consists of amendments to Regulation .01
under COMAR 26.11.09 Control of Fuel Burning Equipment, Stationary
Internal Combustion Engines and Certain Fuel-Burning Installations.
I. Background
The Maryland Department of the Environment developed as one of its
control strategies for particulate matter, a requirement to install a
mechanical dust collector on fuel burning equipment burning residual
fuel oil. This requirement applied in the Baltimore/Washington areas.
When the dust collector requirement was developed, it was the
normal practice for gas suppliers to interrupt gas service for several
days up to two weeks when gas supply was low. Gas customers that had
dual firing capability had no choice but to burn oil during the
interruptible period. At that time a question arose as to the
applicability of the dust collector requirement for those sources that
burn residual oil when the gas service was interrupted. In response to
that question, the term ``interruptible gas service'' was defined. The
regulation provided an exemption from the dust collector requirement
for sources that burned residual oil during the interruptible period.
The current definition, however, does not clearly state that the
exemption applies only when there is a shortage of natural gas.
II. Summary of SIP Revision
On October 31, 2005, the State submitted a SIP revision request
which concerned clarification of the definition of ``interruptible gas
service''. This SIP revision includes amendments to Regulation .01
under COMAR 26.11.09 Control of Fuel-burning Equipment, Stationary
Internal Combustion Engines, and Certain Fuel-Burning Installations.
Documentation of public participation was included in the submittal.
The amendment clarifies the definition of the term ``interruptible
gas service''. The revision clarifies that the gas supplier (utility)
makes the decision to interrupt the gas service based on the
availability of gas and not on the cost of fuel or other parameter. A
user is not involved with the decision to interrupt gas service except
when the user is notified that the service will be interrupted.
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 concerning the clarification of the
definition of ``interruptible gas service'', which was submitted on
October 31, 2005. 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 proposes 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
requirement, and does not alter the relationship or
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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 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. 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 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 that clarify the definition
of ``interruptible gas service'' 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: December 30, 2005.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E6-221 Filed 1-11-06; 8:45 am]
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