Approval and Promulgation of Air Quality Implementation Plans; New Hampshire; Hot Mix Asphalt Plants, 50608-50611 [2012-20500]
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50608
Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations
EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State citation
Title/subject
State effective date
EPA approval date 1
Explanations
*
*
Env-A 2300 ..............................
*
Mitigation of Regional Haze ....
*
*
*
8/22/12 [Insert Federal Register page number where the document begins].
*
........................
*
*
*
1/8/11
*
*
*
*
1 In
order to determine the EPA effective date for a specific provision listed in the table, consult the Federal Register notice cited in this column for the particular provision.
(d) EPA-approved State Source
specific requirements.
EPA-APPROVED NEW HAMPSHIRE SOURCE SPECIFIC REQUIREMENTS
Name of source
Permit No.
*
*
PSNH Merrimack Station ........
State effective
date
*
TP–0008
7/8/2011
Additional explanations/
§ 52.1535 citation
EPA approval date 2
*
*
*
*
8/22/2012 [Insert Federal Register page Flue Gas Desulfurization Sysnumber where the document begins].
tem.
2 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
(e) Nonregulatory.
NEW HAMPSHIRE NONREGULATORY
Name of nonregulatory SIP provision
Applicable geographic or
nonattainment area
State submittal date/effective
date
EPA approved date 3
Explanations
*
*
New Hampshire Regional Haze
SIP and its supplements.
*
Statewide .........................
*
*
1/29/2010; supplements submitted; 1/14/2011, 8/26/2011.
*
8/22/2012 [Insert Federal Register page number where
the document begins].
*
........................
3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
Env-A 2703.02 for hot mix asphalt
plants. This rule establishes and
requires limitations on visible emissions
from all hot mix asphalt plants. This
revision is consistent with the
maintenance of all National Ambient
Air Quality Standards (NAAQS) in New
Hampshire. This action is being taken
under the Clean Air Act.
[FR Doc. 2012–20271 Filed 8–21–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2012–0620; A–1–FRL–
9719–1]
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
EPA is approving in part a
State Implementation Plan (SIP)
revision submitted by the State of New
Hampshire on January 28, 2005.
Specifically, EPA is approving a
revision to New Hampshire’s regulation
SUMMARY:
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This direct final rule will be
effective October 22, 2012, unless EPA
receives adverse comments by
September 21, 2012. If adverse
comments are received, EPA will
publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
DATES:
Approval and Promulgation of Air
Quality Implementation Plans; New
Hampshire; Hot Mix Asphalt Plants
Submit your comments,
identified by Docket ID Number EPA–
R01–OAR–2012–0620 by one of the
following methods:
ADDRESSES:
PO 00000
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1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: arnold.anne@epa.gov.
3. Fax: (617) 918–0047.
4. Mail: ‘‘Docket Identification
Number EPA–R01–OAR–2012–0620’’,
Anne Arnold, U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 5
Post Office Square—Suite 100, (Mail
code OEP05–2), Boston, MA 02109–
3912.
5. Hand Delivery or Courier. Deliver
your comments to: Anne Arnold,
Manager, Air Quality Planning Unit,
U.S. Environmental Protection Agency,
EPA New England Regional Office,
Office of Ecosystem Protection, Air
Quality Planning Unit, 5 Post Office
Square—Suite 100, (mail code OEP05–
2), Boston, MA 02109–3912. Such
deliveries are only accepted during the
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Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding legal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R01–OAR–2012–
0620. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at 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 through www.regulations.
gov, or email, information that you
consider to be CBI or otherwise
protected. The 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
email comment directly to EPA without
going through www.regulations.gov your
email 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 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 www.regulations.gov or
in hard copy at Office of Ecosystem
Protection, U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 5
Post Office Square—Suite 100, Boston,
MA. EPA requests that if at all possible,
you contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
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15:22 Aug 21, 2012
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Monday through Friday, 8:30 to 4:30,
excluding legal holidays.
In addition, copies of the state
submittal and EPA’s technical support
document are also available for public
inspection during normal business
hours, by appointment at the State Air
Agency; Air Resources Division,
Department of Environmental Services,
6 Hazen Drive, P.O. Box 95, Concord,
NH 03302–0095.
FOR FURTHER INFORMATION CONTACT:
Alison C. Simcox, Air Quality Planning
Unit, U.S. Environmental Protection
Agency, EPA New England Regional
Office, Office of Ecosystem Protection, 5
Post Office Square—Suite 100, Mail
Code OEP05–2, Boston, MA 02109–
3912, telephone number (617) 918–
1684, fax number (617) 908–0684, email
simcox.alison@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. Background and Purpose
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
New Hampshire adopted regulations
to limit particulate matter, visible
emissions, and fugitive emissions from
hot mix asphalt plants in 1995. In 2002,
EPA approved Chapter Env-A 1200
‘‘Prevention, Abatement, and Control of
Stationary Source Air Pollution,’’ Part
Env-A 1207 ‘‘Asphalt Plants’’ into the
New Hampshire State Implementation
Plan (67 FR 48033). Env-A 1207 has
since been recodified as Env-A 2700.
On July 27, 2004, the New Hampshire
Department of Environmental Services
(NH DES) proposed revisions to Env-A
2700 ‘‘Hot Mix Asphalt Plants’’ and
held a public hearing on September 15,
2004. Subsequently, NH DES amended
Env-A 2700 based on comments
received from EPA and others, and
adopted the regulation revisions on
November 19, 2004, with an effective
date of November 24, 2004. On January
28, 2005, NH DES submitted these
revisions to EPA for inclusion in the
New Hampshire SIP. EPA’s review of
the SIP submittal indicates that EPA
comments on the revisions to Env-A
2700 have been adequately addressed.
At this time, EPA is only approving
the New Hampshire SIP revision for
Env-A 2703.02(a). EPA will take action
on the remainder of Env-A 2700 at a
later date. Please note that if EPA
receives adverse comment on an
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50609
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
II. Summary of SIP Revision
On January 28, 2005, NH DES
submitted to EPA amendments to EnvA 2700 Hot Mix Asphalt Plants. The
rule presently in the New Hampshire
SIP (Env-A 1207.02) applies to pre-June
1974 asphalt plants and provides an
alternate opacity limit (60 percent
opacity, No. 3 on the Ringelmann
Smoke Chart) for a specified time period
(3 minutes per startup). This provision
did not meet all of EPA’s policy
requirements for source-specific startup
and shutdown emission limits (EPA
memorandum, September 20, 1999,
‘‘State Implementation Plans: Policy
Regarding Excess Emissions During
Malfunctions, Startup, and Shutdown’’).
NH DES has recodified and replaced
Env-A 1207.02 with Env-A 2703.02
(‘‘Visible Emission Standards for Hot
Mix Asphalt Plants’’). Env-A 2703.02(a)
states that ‘‘The owner or operator of a
hot mix asphalt plant shall not cause or
allow visible fugitive emissions or
visible stack emissions to exceed an
average of 20 percent opacity for any
continuous 6-minute period’’ with no
exemptions. The revised rule applies to
all hot mix asphalt plants regardless of
construction date. Thus, the revised rule
is more stringent than current SIP
requirements, is consistent with EPA’s
policy, and meets the section 110(l)
anti-backsliding requirements of the
Clean Air Act.
At this time EPA is not taking action
on provisions of Chapter Env-A 2700
other than Env-A 2703.02(a). EPA
intends to take action on the remainder
of Env-A 2700 in the near future.
III. Final Action
EPA is approving amendments to the
New Hampshire Hot Mix Asphalt Plant
Rule at Env-A 2703.02(a) into the New
Hampshire SIP. EPA has determined
that the revised Env-A 2703.02(a) meets
the applicable requirements of section
110 of the Clean Air Act.
The EPA is publishing this action
without prior proposal because the
Agency views this as a noncontroversial
amendment and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should relevant adverse comments be
filed. This rule will be effective October
22, 2012 without further notice unless
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the Agency receives relevant adverse
comments by September 21, 2012.
If the EPA receives such comments,
then EPA will publish a notice
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period on
the proposed rule. All parties interested
in commenting on the proposed rule
should do so at this time. If no such
comments are received, the public is
advised that this rule will be effective
on October 22, 2012 and no further
action will be taken on the proposed
rule. Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act 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 Clean Air Act.
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 Clean Air Act;
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.
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 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).
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 October 22, 2012.
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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. 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, Incorporation by
reference, Intergovernmental relations,
Particulate matter.
Dated: August 7, 2012.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, 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 EE—New Hampshire
2. In § 52.1520, the table in paragraph
(c) is amended by adding a new entry
for state citation ‘‘Env-A 2703.02(a)’’ in
alphanumeric order to read as follows:
■
§ 52.1520
*
Identification of plan.
*
*
*
*
(c) EPA approved regulations.
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EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State citation
*
Env-A 2703.02(a) ...
VerDate Mar<15>2010
Title/subject
State effective
date
*
Hot Mix Asphalt
Plants.
*
11/4/2004
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EPA approval date 1
Explanations
*
*
8/22/2012 [Insert Federal Register
page number where the document
begins]
*
*
Adopted Regulation established Hot Mix
Asphalt Plant Requirements.
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EPA-APPROVED NEW HAMPSHIRE REGULATIONS—Continued
State citation
*
State effective
date
Title/subject
*
EPA approval date 1
*
*
Explanations
*
*
*
1 In
order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
[FR Doc. 2012–20500 Filed 8–21–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2012–0344, FRL–9718–9]
Approval and Promulgation of
Implementation Plans; State of
Oregon; Regional Haze State
Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve portions of a State
Implementation Plan (SIP) revision
submitted by the State of Oregon on
December 10, 2010 and supplemented
on February 1, 2011, as meeting the
requirements of Clean Air Act (CAA or
the Act) section 169A and B and the
regional haze regulations in 40 CFR
51.308. In a previous action on July 5,
2011, EPA approved portions of the
December 10, 2010, SIP submittal as
meeting the requirements for interstate
transport for visibility of CAA section
110(a)(2)(D)(II) and certain requirements
of the regional haze program including
the requirements for best available
retrofit technology (BART). 76 FR
38997. On May 23, 2012, EPA proposed
approving the remaining portion of the
Regional Haze SIP including those
portions that address requirements of
the CAA and EPA’s rules that require
states to set Reasonable Progress Goals
(RPGs) for their Class I areas, and to
develop a Long-Term Strategy (LTS) to
achieve these goals. 77 FR 30454. In this
Federal Register notice EPA finalizes its
approval of the remaining Regional
Haze SIP elements for which EPA
previously took no action in the July 5,
2011 notice.
DATES: This action is effective on
September 21, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R10–OAR–
2012–0344. Generally documents in the
docket are available at https://
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SUMMARY:
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15:22 Aug 21, 2012
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www.regulations.gov or in hard copy at
EPA Region 10, Office of Air, Waste,
and Toxics, AWT–107, 1200 Sixth
Avenue, Seattle, Washington 98101.
Please note that while many of the
documents in the docket are available
electronically at https://
www.regulations.gov, some information
may not be publicly available, i.e.,
Confidential Business Information or
other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
large maps or voluminous materials, is
not placed on the Internet and will be
publicly available only at the hard copy
location. To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed directly
below.
FOR FURTHER INFORMATION CONTACT:
Keith Rose at telephone number (206)
553–1949, rose.keith@epa.gov, or the
above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA. Information is organized as
follows:
Table of Contents
I. Background
II. Final Action
III. Scope of Action
IV. Statutory and Executive Order Reviews
I. Background
In the CAA Amendments of 1977,
Congress established a program to
protect and improve visibility in the
national parks and wilderness areas. See
CAA section 169A. Congress amended
the visibility provisions in the CAA in
1990 to focus attention on the problem
of regional haze. See CAA section 169B.
EPA promulgated regulations in 1999 to
implement sections 169A and 169B of
the Act. These regulations require states
to develop and implement plans to
ensure reasonable progress toward
improving visibility in mandatory Class
I Federal areas 1 (Class I areas). 64 FR
1 Areas designated as mandatory Class I Federal
areas consist of national parks exceeding 6000
acres, wilderness areas and national memorial parks
exceeding 5000 acres, and all international parks
that were in existence on August 7, 1977. 42 U.S.C.
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35714 (July 1, 1999); see also 70 FR
39104 (July 6, 2005) and 71 FR 60612
(October 13, 2006).
On behalf of the State of Oregon, the
Oregon Department of Environmental
Quality (ODEQ) submitted its Regional
Haze State Implementation Plan
(Regional Haze SIP submission or SIP
submittal) to EPA on December 10, 2010
and supplemented it on February 1,
2011. In a previous action EPA
approved certain provisions in Oregon’s
Regional Haze SIP submission. 76 FR
38997. This previous action approved
the BART provisions (40 CFR 51.308(e),
calculation of baseline and natural
conditions (40 CFR 51.308(d)(2)), and
state wide emission inventory of
pollutants that are reasonably
anticipated to cause or contribute to
visibility impairment in any mandatory
Class I area. EPA also approved Oregon
Administrative Rules OAR 340–223–
0010 through 340–223–0080 (Regional
Haze Rules). In that same action, EPA
also approved portions of the SIP
submittal as meeting the requirements
of CAA section 110(a)(2)(D)(i)(II) with
respect to the visibility prong for the
1997 8-hour ozone and 1997 PM2.5
National Ambient Air Quality Standards
(NAAQS).
In a proposed rule published on May
23, 2012, EPA proposed approving the
remaining provisions of Oregon’s
Regional Haze SIP submission, the
regional haze requirements for
establishing RPGs and developing a
LTS. 76 FR 38997. A detailed
explanation of the Regional Haze Rule
including the requirements relating to
the reasonable progress goals and long
term strategy, ODEQ’s reasonable
progress goals and long term strategy,
7472(a). In accordance with section 169A of the
CAA, EPA, in consultation with the Department of
Interior, promulgated a list of 156 areas where
visibility is identified as an important value. 44 FR
69122 (November 30, 1979). The extent of a
mandatory Class I area includes subsequent changes
in boundaries, such as park expansions. 42 U.S.C.
7472(a). Although states and tribes may designate
as Class I additional areas which they consider to
have visibility as an important value, the
requirements of the visibility program set forth in
section 169A of the CAA apply only to ‘‘mandatory
Class I Federal areas.’’ Each mandatory Class I
Federal area is the responsibility of a ‘‘Federal Land
Manager.’’ 42 U.S.C. 7602(i). When we use the term
‘‘Class I area’’ in this action, we mean a ‘‘mandatory
Class I Federal area.’’
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[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Rules and Regulations]
[Pages 50608-50611]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20500]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2012-0620; A-1-FRL-9719-1]
Approval and Promulgation of Air Quality Implementation Plans;
New Hampshire; Hot Mix Asphalt Plants
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving in part a State Implementation Plan (SIP)
revision submitted by the State of New Hampshire on January 28, 2005.
Specifically, EPA is approving a revision to New Hampshire's regulation
Env-A 2703.02 for hot mix asphalt plants. This rule establishes and
requires limitations on visible emissions from all hot mix asphalt
plants. This revision is consistent with the maintenance of all
National Ambient Air Quality Standards (NAAQS) in New Hampshire. This
action is being taken under the Clean Air Act.
DATES: This direct final rule will be effective October 22, 2012,
unless EPA receives adverse comments by September 21, 2012. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2012-0620 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: arnold.anne@epa.gov.
3. Fax: (617) 918-0047.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2012-0620'',
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Quality Planning
Unit, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA
02109-3912.
5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, U.S. Environmental Protection
Agency, EPA New England Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100,
(mail code OEP05-2), Boston, MA 02109-3912. Such deliveries are only
accepted during the
[[Page 50609]]
Regional Office's normal hours of operation. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding legal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2012-0620. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 through www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
The 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 email
comment directly to EPA without going through www.regulations.gov your
email 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
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 www.regulations.gov or
in hard copy at Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA New England Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100,
Boston, MA. EPA requests that if at all possible, you contact the
contact 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 to 4:30, excluding legal
holidays.
In addition, copies of the state submittal and EPA's technical
support document are also available for public inspection during normal
business hours, by appointment at the State Air Agency; Air Resources
Division, Department of Environmental Services, 6 Hazen Drive, P.O. Box
95, Concord, NH 03302-0095.
FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, Office of Ecosystem Protection, 5 Post Office Square--Suite
100, Mail Code OEP05-2, Boston, MA 02109-3912, telephone number (617)
918-1684, fax number (617) 908-0684, email simcox.alison@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. Background and Purpose
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
New Hampshire adopted regulations to limit particulate matter,
visible emissions, and fugitive emissions from hot mix asphalt plants
in 1995. In 2002, EPA approved Chapter Env-A 1200 ``Prevention,
Abatement, and Control of Stationary Source Air Pollution,'' Part Env-A
1207 ``Asphalt Plants'' into the New Hampshire State Implementation
Plan (67 FR 48033). Env-A 1207 has since been recodified as Env-A 2700.
On July 27, 2004, the New Hampshire Department of Environmental
Services (NH DES) proposed revisions to Env-A 2700 ``Hot Mix Asphalt
Plants'' and held a public hearing on September 15, 2004. Subsequently,
NH DES amended Env-A 2700 based on comments received from EPA and
others, and adopted the regulation revisions on November 19, 2004, with
an effective date of November 24, 2004. On January 28, 2005, NH DES
submitted these revisions to EPA for inclusion in the New Hampshire
SIP. EPA's review of the SIP submittal indicates that EPA comments on
the revisions to Env-A 2700 have been adequately addressed.
At this time, EPA is only approving the New Hampshire SIP revision
for Env-A 2703.02(a). EPA will take action on the remainder of Env-A
2700 at a later date. Please note that if EPA receives adverse comment
on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
II. Summary of SIP Revision
On January 28, 2005, NH DES submitted to EPA amendments to Env-A
2700 Hot Mix Asphalt Plants. The rule presently in the New Hampshire
SIP (Env-A 1207.02) applies to pre-June 1974 asphalt plants and
provides an alternate opacity limit (60 percent opacity, No. 3 on the
Ringelmann Smoke Chart) for a specified time period (3 minutes per
startup). This provision did not meet all of EPA's policy requirements
for source-specific startup and shutdown emission limits (EPA
memorandum, September 20, 1999, ``State Implementation Plans: Policy
Regarding Excess Emissions During Malfunctions, Startup, and
Shutdown'').
NH DES has recodified and replaced Env-A 1207.02 with Env-A 2703.02
(``Visible Emission Standards for Hot Mix Asphalt Plants''). Env-A
2703.02(a) states that ``The owner or operator of a hot mix asphalt
plant shall not cause or allow visible fugitive emissions or visible
stack emissions to exceed an average of 20 percent opacity for any
continuous 6-minute period'' with no exemptions. The revised rule
applies to all hot mix asphalt plants regardless of construction date.
Thus, the revised rule is more stringent than current SIP requirements,
is consistent with EPA's policy, and meets the section 110(l) anti-
backsliding requirements of the Clean Air Act.
At this time EPA is not taking action on provisions of Chapter Env-
A 2700 other than Env-A 2703.02(a). EPA intends to take action on the
remainder of Env-A 2700 in the near future.
III. Final Action
EPA is approving amendments to the New Hampshire Hot Mix Asphalt
Plant Rule at Env-A 2703.02(a) into the New Hampshire SIP. EPA has
determined that the revised Env-A 2703.02(a) meets the applicable
requirements of section 110 of the Clean Air Act.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective October
22, 2012 without further notice unless
[[Page 50610]]
the Agency receives relevant adverse comments by September 21, 2012.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on October 22, 2012 and no further action will
be taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
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 Clean Air Act; 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.
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 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).
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 October 22, 2012. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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, Incorporation by
reference, Intergovernmental relations, Particulate matter.
Dated: August 7, 2012.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
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 EE--New Hampshire
0
2. In Sec. 52.1520, the table in paragraph (c) is amended by adding a
new entry for state citation ``Env-A 2703.02(a)'' in alphanumeric order
to read as follows:
Sec. 52.1520 Identification of plan.
* * * * *
(c) EPA approved regulations.
EPA-Approved New Hampshire Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date \1\ Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Env-A 2703.02(a).............. Hot Mix Asphalt 11/4/2004 8/22/2012 [Insert Adopted Regulation
Plants. Federal Register page established Hot Mix
number where the Asphalt Plant
document begins] Requirements.
[[Page 50611]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
[FR Doc. 2012-20500 Filed 8-21-12; 8:45 am]
BILLING CODE 6560-50-P
