Approval and Promulgation of Air Quality Implementation Plans; New Hampshire; Reasonably Available Control Technology for the 1997 8-Hour Ozone Standard, 66388-66398 [2012-26759]
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66388
Federal Register / Vol. 77, No. 214 / Monday, November 5, 2012 / Rules and Regulations
(3) Diversification requirements of
your liquidity reserve portfolio;
(4) Maturity limits and credit quality
standards for non-program investments
used to meet the minimum liquidity
reserve requirement of paragraph (a) of
this section;
(5) The minimum and target (or
optimum) amounts of liquidity that the
board believes are appropriate for
Farmer Mac;
(6) The maximum amount of nonprogram investments that can be held
for meeting Farmer Mac’s liquidity
needs, as expressed as a percentage of
program assets and program obligations;
(7) Exception parameters and post
approvals needed;
(8) Delegations of authority; and
(9) Reporting requirements.
(f) Liquidity reserve reporting—
periodic reporting requirements. At least
quarterly, Farmer Mac’s management
must report to the Corporation’s board
of directors or a designated
subcommittee of the board describing, at
a minimum, liquidity reserve
compliance with the Corporation’s
policy and this section. Any deviations
from the board’s liquidity reserve policy
(other than requirements specified in
§ 652.20(e)(5)) must be specifically
identified in the report and approved by
the board of directors.
(g) Liquidity reserve reporting—
special reporting requirements. Farmer
Mac’s management must immediately
report to its board of directors any
noncompliance with board policy
requirements that are specified in
§ 652.20(e)(5). Farmer Mac must report,
in writing, to FCA’s Office of Secondary
Market Oversight no later than the next
business day following the discovery of
any breach of the minimum liquidity
reserve requirement at § 652.20(a).
§ 652.40
[Reserved]
WREIER-AVILES on DSK5TPTVN1PROD with RULES
§ 652.45 Temporary regulatory waivers or
modifications for extraordinary situations.
Whenever the FCA determines that an
extraordinary situation exists that
necessitates a temporary regulatory
waiver or modification, the FCA may, in
its sole discretion:
(a) Modify or waive the minimum
liquidity reserve requirement in
§ 652.40 of this subpart;
(b) Modify the amount, qualities, and
types of eligible investments that you
are authorized to hold pursuant to
§ 652.20 of this subpart; and/or
(c) Take other actions as deemed
appropriate.
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Dated: October 25, 2012.
Dale L. Aultman,
Secretary, Farm Credit Administration Board.
[FR Doc. 2012–26805 Filed 11–2–12; 8:45 am]
BILLING CODE 6705–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2009–0451; A–1–FRL–
9748–2]
Approval and Promulgation of Air
Quality Implementation Plans; New
Hampshire; Reasonably Available
Control Technology for the 1997
8-Hour Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is approving State
Implementation Plan (SIP) revisions
submitted by the State of New
Hampshire. These revisions consist of a
demonstration that New Hampshire
meets the requirements of reasonably
available control technology for oxides
of nitrogen and volatile organic
compounds set forth by the Clean Air
Act with respect to the 1997 8-hour
ozone standard, and revisions to
existing rules controlling these
pollutants, and source-specific orders
for fifteen individual sources. This
action is being taken in accordance with
the Clean Air Act.
DATES: This direct final rule will be
effective January 4, 2013, unless EPA
receives adverse comments by
December 5, 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 the Docket ID Number
EPA–R01–OAR–2009–0451 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–2009–0451,’’
Anne Arnold, U.S. Environmental
Protection Agency, EPA New England
Regional Office, 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,
Office of Ecosystem Protection, U.S.
SUMMARY:
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Environmental Protection Agency, EPA
New England Regional Office, 5 Post
Office Square, 5th Floor, Boston, MA
02109–3912. 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 to 4:30,
excluding legal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R01–OAR–2009–
0451. 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, 5 Post Office Square,
5th Floor, Boston, MA. EPA requests
that if at all possible, you contact the
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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 are also available for public
inspection during normal business
hours, by appointment, at the State Air
Agency, as follows: Air Resources
Division, Department of Environmental
Services, 6 Hazen Drive, P.O. Box 95,
Concord, NH 03302–0095.
FOR FURTHER INFORMATION CONTACT: Bob
McConnell, Air Quality Planning Unit,
U.S. Environmental Protection Agency,
EPA New England Regional Office, 5
Post Office Square, Suite 100 (mail
code: OEP05–2), Boston, MA 02109–
3912, telephone number (617) 918–
1046, fax number (617) 918–0046, email
mcconnell.robert@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.
WREIER-AVILES on DSK5TPTVN1PROD with RULES
I. Background and Purpose
II. Summary of New Hampshire’s SIP
Revisions
III. Evaluation of New Hampshire’s SIP
Submittals
A. Evaluation of RACT Certification
B. Evaluation of Revised New Hampshire
Rules
1. Revisions to VOC Rules and Single
Source VOC RACT Orders
2. Revisions to NOX Rules and Single
Source NOX RACT Orders
3. Revisions to Testing and Monitoring
Procedures
4. Revisions to Recordkeeping and
Reporting Requirements
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background and Purpose
In 1997, EPA revised the health-based
national ambient air quality standard
(NAAQS) for ozone, setting it at 0.08
parts per million (ppm) averaged over
an 8-hour time frame. EPA set the 8hour ozone standard based on scientific
evidence demonstrating that ozone
causes adverse health effects at lower
ozone concentrations and over longer
periods of time than was understood
when the pre-existing one-hour ozone
standard was set. EPA determined that
the 8-hour standard would be more
protective of human health, especially
with regard to children and adults who
are active outdoors, and individuals
with a pre-existing respiratory disease
such as asthma.
On April 30, 2004 (69 FR 23951), EPA
designated portions of New Hampshire
located in the southern part of the state
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as nonattainment for the 1997 8-hour
ozone standard. These areas were
classified as moderate, and are located
within portions of Hillsborough,
Merrimack, Rockingham, and Strafford
counties. See 40 CFR 81.330. The use of
reasonably available control technology
(RACT) by certain stationary sources is
specified by sections 172(c)(1) and
182(b)(2) of the Clean Air Act (CAA, or
‘‘the Act’’) in nonattainment areas
classified as moderate or higher.
Additionally, section 184(b)(1)(B) of the
Act requires RACT controls in states
located in the ozone transport region
(OTR). Although most of central and
northern New Hampshire were not
designated nonattainment for the 1997
8-hour ozone standard, all parts of the
state are within the OTR and therefore
all parts of New Hampshire are required
to implement RACT.
Specifically, these areas are required
to implement RACT on all sources
covered by a Control Techniques
Guideline (CTG) document and on all
major sources of volatile organic
compounds (VOCs) and nitrogen oxide
(NOX) emissions. A CTG is a document
issued by EPA which establishes a
‘‘presumptive norm’’ for RACT for a
specific VOC source category. A similar
set of documents exists for NOX control
requirements; these are referred to as
Alternative Control Techniques (ACT)
documents. States are required to
submit rules or negative declarations for
CTG source categories, but not for
sources in ACT categories although
RACT must be imposed on major
sources of NOX, and some of those
major sources may be within a sector
covered by an ACT document.
On November 29, 2005, EPA
published a final rule in the Federal
Register that outlined requirements for
areas found to be in nonattainment of
the 1997 8-hour ozone standard (see 70
FR 71612). This rule, referred to as the
‘‘Phase 2 Implementation rule,’’
contains a description of what EPA’s
expectations are for states with RACT
obligations. The Phase 2
Implementation rule indicated that
states could meet RACT either through
a certification that previously adopted
RACT controls in its SIP-approved by
EPA under the one-hour ozone NAAQS
represent adequate RACT control levels
for 8-hour attainment planning
purposes, or through the establishment
of new or more stringent requirements
that represent RACT control levels.
On January 28, 2008, the State of New
Hampshire submitted a formal revision
to its State Implementation Plan (SIP).
The SIP revision consisted of
information documenting how the State
complied with RACT requirements for
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the 1997 8-hour ozone standard.1
Several of the source-specific RACT
orders relied on in New Hampshire’s
January 28, 2008 submittal have been
updated since that time as noted in
section III of this action.
On October 5, 2006, EPA issued four
new CTGs which states were required to
address by October 5, 2007 (71 FR
58745). Also, on October 9, 2007, EPA
issued three more CTGs which states
were required to address by October 9,
2008 (72 FR 57215). Furthermore, on
October 7, 2008, EPA issued four
additional CTGs which states were
required to address by October 7, 2009
(73 FR 58841). New Hampshire’s
January 28, 2008 SIP revision and
today’s action do not address the state’s
obligations with regard to EPA’s 2006,
2007, and 2008 CTGs. EPA intends to
address those CTG obligations in a
separate action in the near future.
II. Summary of New Hampshire’s SIP
Revisions
On January 28, 2008, New Hampshire
submitted a demonstration that its
regulatory framework for stationary
sources met the criteria for RACT as
defined in EPA’s Phase 2
Implementation rule. The state held a
public hearing on its RACT certification
finding on October 20, 2006. New
Hampshire’s RACT submittal notes that
the State’s former status as a
nonattainment area for the one-hour
ozone standard resulted in the adoption
of stringent controls for sources of VOC
and NOX including RACT level controls.
Therefore, much of New Hampshire’s
submittal consists of a review of RACT
controls adopted under the one hour
ozone standard and an evaluation of
whether those previously adopted
controls still represent RACT.
The state’s submittal identifies the
specific control measures that have been
previously adopted to control emissions
from sources of VOC and NOX
emissions, and also describes updates
made to existing rules to strengthen
them so that they will continue to
represent RACT. Additionally, section
3.3 of New Hampshire’s RACT submittal
identifies the CTG categories for which
facilities do not exist within the state,
and makes a negative declaration for
these categories. The CTG categories for
which New Hampshire makes a negative
declaration are as follows:
1. Aerospace coatings
2. Organic waste process vents
3. Polystyrene foam manufacturing
4. Industrial wastewater
1 New Hampshire’s submittal is for the 1997 8hour ozone standard and does not address the 0.075
ppm 2008 ozone standard.
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5. Refinery vacuum producing systems,
wastewater separators, and process
unit turnarounds
6. Surface coating of large appliances
7. Factory surface coating of flat wood
paneling
8. VOC leaks from petroleum refinery
equipment
9. Manufacture of synthesized
pharmaceutical products
10. Manufacture of pneumatic rubber
tires
11. Large petroleum dry cleaners
12. Manufacture of high density
polyethylene, polypropylene, and
polystyrene resins
13. VOC equipment leaks from natural
gas/gasoline processing plants
14. VOC fugitive emissions from
synthetic organic chemical polymer
and resin equipment
15. VOC emissions from air oxidation
processes in synthetic organic
chemical mfg. industry
16. Synthetic organic chemical mfg.
industry distillation and reactor
processes
17. Shipbuilding and ship repair
operations
Regarding items 6 and 7 above, we
note that New Hampshire’s negative
declarations for these sectors is with
regard to the CTG’s issued in 1977 for
large appliances (EPA–450/2–77–034,
1977/12) and in 1978 for flat wood
paneling (EPA–450/2–78–032, 1978/06).
EPA updated the flat wood paneling
CTG in 2006, and the large appliance
surface coating CTG in 2007, and New
Hampshire subsequently addressed
these updated CTGs. However, in this
rulemaking we are only acting on New
Hampshire’s negative declarations for
the 1977 and 1978 versions of these
CTGs.
Appendix A of New Hampshire’s
submittal contains a summary of
information for each of EPA’s CTG
categories, and identifies the specific
state rule, where relevant, that is in
place, the effective date for each rule,
and the date that EPA approved the rule
into the New Hampshire SIP. Appendix
B identifies the major VOC and NOX
sources in the state that are not covered
by an ACT or CTG document, but are
subject to RACT via source-specific
RACT orders issued by the New
Hampshire Department of
Environmental Services (NH–DES). The
state has issued source-specific orders
containing control requirements for
these facilities. The table within
Appendix B identifies the effective date
for each RACT order, and an indication
of whether or not EPA had approved the
order into the New Hampshire SIP.
Table 1 below contains a list of the
single source RACT orders that New
Hampshire has adopted and submitted
to EPA, but that we had not yet acted
on as of the date of the state’s RACT
certification submittal. We note that the
table within Appendix B of New
Hampshire’s submittal did not include
an effective date for the order for
Newington Energy LLC, as that order
had not yet been issued when the state
held the public hearing on its RACT
certification in 2006. That order was
subsequently issued by NH–DES with
an effective date of June 20, 2007.
TABLE 1—RACT ORDERS NOT YET APPROVED INTO THE NH SIP
Final RACT order
effective date
Pollutant
Concord Litho Group, Inc. ......................................................................
Hitchiner Manufacturing, Milford .............................................................
Hutchinson Sealing Systems, Inc. ..........................................................
Kalwall Corp.—Manchester ....................................................................
Mectrol Corporation ................................................................................
Metal Works, Inc. ....................................................................................
Parker Hannifin Corporation, Chomerics ................................................
Polyonics .................................................................................................
Sturm, Ruger & Company ......................................................................
Textile Tapes Corp. (amended orders) ..................................................
TFX Medical, Inc. ....................................................................................
Webster Valve, Inc. ................................................................................
Anheuser Busch .....................................................................................
Newington Energy, LLC ..........................................................................
PSNH, Schiller Station ............................................................................
Waste Management of NH .....................................................................
WREIER-AVILES on DSK5TPTVN1PROD with RULES
Company name
VOC ...............................................
VOC ...............................................
VOC ...............................................
VOC ...............................................
VOC ...............................................
VOC ...............................................
VOC ...............................................
VOC ...............................................
VOC ...............................................
VOC ...............................................
VOC ...............................................
VOC ...............................................
NOX ................................................
NOX ................................................
NOX ................................................
NOX ................................................
We provide a brief summary of each
of the orders in Table 1, and identify the
action we are taking on them in Section
III.B of this direct final rule.
New Hampshire’s certification notes
that the RACT requirements apply to
sources that have the potential to emit
50 tons per year or more of NOX, and
to sources with potential VOC emissions
of between 10 and 50 tons per year or
greater depending on the source
category. Figures one and two of the
state’s submittal document the
significant reduction in emissions that
has occurred at sources subject to RACT
in the state. NOX and VOC emissions
have fallen 77 percent and 59 percent,
respectively, from stationary point
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sources since the RACT requirements
contained within the CAA amendments
of 1990 were promulgated.
New Hampshire’s submittal notes that
for the years 2003 through 2005 the state
did not record any violations of the
1997 ozone standard, and the state’s
submittal concludes that tighter NOX
and VOC controls are therefore not
necessary to bring the area into
attainment.
On March 12, 2003, New Hampshire
submitted revised versions of Env–A
800, Testing and Monitoring
Procedures, Env–A 1204, VOC RACT,
and Env–A 1211, NOX RACT, to EPA
and requested that these revised rules be
incorporated into the New Hampshire
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9/17/2007.
6/20/2002.
8/8/2002 (Updated 3/23/2012).
11/20/2001.
6/16/2003 (Withdrawn 7/2/2009).
12/22/2004.
7/17/2002.
12/28/2007.
10/13/2003.
4/19/2002; 8/10/2007.
8/7/2007.
4/20/2007.
5/9/2005.
6/20/2007.
8/4/2006.
8/26/2002.
SIP. Additional modifications to each of
these rules were submitted to EPA as a
SIP revision request on July 9, 2007.
On November 14, 2003, New
Hampshire submitted a revised version
of Env–A 900, Recordkeeping and
Reporting Obligations, to EPA as a SIP
revision request. More recently, on July
6, 2012, New Hampshire submitted an
updated, revised version of Env–A 900
to EPA as a SIP revision request. On
September 26, 2012, New Hampshire
withdrew its November 2003
submission since its July 2012
submission of a revised version of Env–
A 900 entirely superseded the earlier
version of Env–A 900 included in its
November 2003 submission.
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III. Evaluation of New Hampshire’s SIP
Submittals
A. Evaluation of RACT Certification
EPA has evaluated the VOC and NOX
stationary source control regulations
that New Hampshire cites as meeting
RACT for the 1997 8-hour standard and
agrees that the state’s regulations are
satisfactorily meeting EPA’s RACT
requirements for purposes of the 1997 8hour ozone standard. EPA previously
approved these NOX and VOC RACT
requirements into the New Hampshire
SIP (See 62 FR 17087, April 9, 1997 for
NOX; See 63 FR 11600, March 10, 1998
and 67 FR 48033, July 23, 2002 for
VOC), and in today’s direct final
rulemaking we are approving updates to
several of these rules, and also
approving single source RACT
determinations for fifteen major sources
of VOC and NOX in the state.
We are determining that these
regulatory elements and the resulting
reduction in VOC and NOX emissions
from sources demonstrate that a RACT
level of control has been implemented
in the state. Additionally, we are
approving the negative declarations
New Hampshire submitted for the
source categories identified in Section II
of this document.
EPA published a clean data
determination for New Hampshire’s
only 8-hour ozone nonattainment area
in the Federal Register that documents
that air quality monitoring data in the
state currently meets EPA’s 1997 ozone
standard. The determination for the
Boston-Manchester-Portsmouth
moderate area was published on March
18, 2011 (76 FR 14805). The
improvements in air quality represented
by this clean data determination were
brought about, in part, by the RACT
program implemented by New
Hampshire. Additional information
about the revisions to New Hampshire’s
rules and the single source RACT orders
we are approving today is contained
below in section III.B and III.C.
B. Evaluation of Revised New
Hampshire Rules
WREIER-AVILES on DSK5TPTVN1PROD with RULES
1. Revisions to VOC Rules and Single
Source VOC RACT Orders
On March 12, 2003, New Hampshire
submitted a revised version of its VOC
RACT regulation, Env–A 1204, to EPA
as a SIP revision request. The revised
version of the VOC RACT rules removed
provisions relating to petroleum
refineries, as there are no such facilities
in the state. Additionally, the state
removed a section regarding an
equivalent substitute control technique
because a similar provision that requires
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submittal to EPA exists and was
retained in the rule. Several minor
updates to references and correction of
errors were also made within the March
12, 2003 submittal.
On July 9, 2007, New Hampshire
submitted additional updates to its VOC
RACT regulations to EPA as a SIP
revision request. The July 9, 2007
submittal consisted primarily of updates
to the state’s existing requirements for
solvent metal cleaning that were made
to match requirements recommended
within a model rule adopted by the
Ozone Transport Commission (OTC).
The primary changes made to the rule
consisted of adoption of expanded
applicability of the state’s existing rule
to include anyone who sells VOC
containing solvent for use in a cold
cleaning machine, and a prohibition
was added preventing certain items
from being cleaned in a cold cleaning
machine. In keeping with the model
rule adopted by the OTC, New
Hampshire’s rule prohibits the use of
solvents with a vapor pressure greater
than 1.0 millimeter of mercury in cold
cleaning operations. The addition of a
vapor pressure limit makes the revised
rule more stringent than the previous
version of the rule approved by EPA
into the New Hampshire SIP in 2002 (67
FR 48033), thus satisfying the antibacksliding requirements of section
110(l) of the CAA. A number of minor
updates and renumbering changes were
also included in the July 9, 2007
submittal. We are approving New
Hampshire’s updated VOC RACT
regulations as submitted to EPA on
March 12, 2003, and modified on July
9, 2007.
As previously mentioned, on March
10, 1998 (63 FR 11600), EPA approved
New Hampshire’s VOC RACT
requirements that the state had adopted
in 1995 as part of its emission control
strategy for the one-hour ozone
standard. However, our March 10, 1998
action provided only a limited approval
of Env–A 1204.27, the state’s rule for
major sources that are not covered by
one of EPA’s CTG documents. A final,
full approval of Env–A 1204.27 was
issued on July 23, 2002 (67 FR 48033),
although that approval was limited to
portions of the state located in the New
Hampshire portion of the eastern
Massachusetts serious one-hour ozone
nonattainment area. Approval of Env–
A–1204.27 in the remainder of the state
was not granted at that time because
New Hampshire had not issued single
source RACT orders for all major
sources of VOC and NOX in the
remainder of the state.
New Hampshire has now adopted
RACT for all major sources, and we are
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66391
approving those orders and providing a
full statewide approval of New
Hampshire’s requirements for
miscellaneous and multi-category
sources within this direct final rule.
A brief description of the single
source VOC RACT orders that we are
approving in today’s action is provided
below. A number of these orders contain
provisions for complying with RACT via
purchase of, or generation of, emission
reduction credits. New Hampshire has
an adopted emissions credit trading
rule, Env–A 3100, Discrete Emission
Reduction Trading Program. However,
EPA has not approved Env–A 3100 into
the New Hampshire SIP. Therefore, we
have evaluated the generation and use
of DERs in each of these cases and
believe that they represent a legitimate
option for sources to comply with
RACT. We are therefore approving their
use as outlined in the individual orders
being approved in this action.
Additionally, any purchased credits
used for RACT compliance must come
from a source whose order is also
federally approved.
Concord Litho Group
The Concord Litho Group operates a
facility in Concord, New Hampshire
where it uses an offset lithographic
printing operation to produce greeting
cards, brochures, magazines, and direct
mail inserts. The company operates two
regenerative thermal oxidizers to control
VOC emissions from five of the seven
printing presses at the facility. On
September 17, 2007, NH–DES issued
VOC RACT order ARD 07–003 to the
company. The order requires that the
VOC emissions from the dryer exhaust
of the heat-set web offset lithographic
presses either be reduced by 90% or
have a total organics level of 20 parts
per million or less. The company will
meet these requirements by controlling
VOC emissions with their two
recuperative thermal oxidizers. The
order allows the facility to comply by
purchasing DERs during times that
maintenance is being performed, or
when an oxidizer malfunctions.
Hitchiner Manufacturing
The Hitchiner Manufacturing
Company operates a casting foundry
and ceramics molding operation in
Milford, New Hampshire. In 2002, the
facility ceased operation of a VOC
emitting operation referred to as the
Plant 2 ceramics molding process and
was granted 29 tons in VOC emission
reduction credits (ERCs) by NH–DES for
this shutdown. NH–DES issued VOC
RACT order ARD–02–001 to the facility
on June 21, 2002. The order requires
that the facility reduce its VOC
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emissions by 81%, and caps annual
VOC emissions at less than 50 tons per
year. The facility will meet these
obligations primarily by use of the ERCs
generated by the shutdown of the Plant
2 ceramics molding process.
Hutchinson Sealing Systems, Inc.
Hutchinson Sealing Systems located
in Newfields, New Hampshire, operates
a facility that produces sealing systems,
body seals, and rubber glass-run
channels used in the automotive and
other industries. On August 8, 2002,
NH–DES issued VOC RACT order ARD–
01–002 to the facility, and submitted it
as a revision to the state’s SIP on this
same day. On March 23, 2012, NH–DES
submitted an updated VOC RACT order
identified as ARD–11–001 that replaced
the prior order issued to the facility in
2002. The updated order indicates that
the company will install and operate a
catalytic oxidizer to control VOC
emissions from some of the process
lines at the facility. The updated order
contains VOC content limits for motor
vehicle weather-strip adhesive coatings,
and an allowance for compliance to be
met by using either DERs or ERCs. The
company must also continue to research
and test water based and/or high solids
coatings as new products become
available.
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Kalwall Corporation
The Kalwall Corporation located in
Manchester, New Hampshire,
manufactures energy efficient window
like structural components out of
specially formulated, fiberglass
reinforced material. The NH–DES
developed VOC RACT order ARD–95–
010 for the facility and submitted it to
EPA on September 10, 1996, and we
approved that order into the New
Hampshire SIP in our March 10, 1998
final rulemaking mentioned elsewhere
in this document. On June 25, 1999,
NH–DES submitted an updated VOC
RACT order for Kalwall numbered
ARD–99–001 to replace the previously
issued order, and requested the order be
approved into the New Hampshire SIP.
A minor update to this order was
submitted to EPA on November 20,
2001, and we are approving that version
of ARD–99–001 via this final
rulemaking. The major aspects of the
updated order establish VOC content
limits for bonding agents used on IBSS
process lines 1 and 2, for coatings used
in the KWS process, for clear or
transparent topcoats used in the KCRF
process, and for pretreatment primers
applied in the KCRF process. VOC
RACT order ARD–99–001 also allows
the company to comply by purchasing
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DERs as provided for by Env–A 3100 of
New Hampshire’s air regulations.
Mectrol Corporation
On June 16, 2003, NH–DES issued
VOC RACT order ARD–03–002 to the
Mectrol Corporation located in Salem,
New Hampshire and submitted it to
EPA as a SIP revision request. However,
by letter dated July 2, 2009, NH–DES
subsequently withdrew this request
because the coating units that had been
the subject of the order had been
removed from the facility. Therefore, we
are taking no action with regard to New
Hampshire’s June 16, 2003 SIP
submittal request.
Metal Works, Inc
Metal Works, Inc., operates a facility
in Londonderry, New Hampshire, where
it is primarily engaged in the fabrication
of sheet metal. The facility operates 5
spray booths, and these booths are the
primary source of VOC emissions at the
facility. On December 22, 2004, NH–
DES issued VOC RACT order ARD–05–
001. The order contains the following
VOC content limits: for clear and
transparent top coats 4.3 lbs VOC per
gallon of coating, as applied, excluding
water and exempt coatings; for coatings
used in extreme environmental
conditions, and for air dried coatings,
3.5 lbs VOC per gallon of coating; and
for all other coatings, 3.0 lbs VOC per
gallon of coating. The order also allows
the company to comply with VOC
RACT by using DERs.
Parker-Hanifan Corporation, Chomerics
Division
The Chomerics Division of the Parker
Hanifan Corporation located in Hudson,
New Hampshire, produces coated
fabrics, films, and other substrates for
use in the electronics industry. NH–DES
issued VOC RACT order ARD–03–001 to
the company on July 18, 2002. The
facility operates four continuous web
coaters, and the VOC emissions from
each are captured within a permanent
total enclosure that meets the
requirements of EPA Method 204.
Exhaust from dryers on each line is fed
to a catalytic oxidizer that is required to
achieve a minimum destruction and
removal efficiency for VOCs of 93%.
The order contains monitoring and
recordkeeping requirements for the
catalytic oxidizer. The order also allows
the company to comply by generating
and using emission credits for
compliance, and to comply via the
purchase of DERs.
Polyonics
The Polyonics facility located in
Westmoreland, New Hampshire,
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manufactures pressure sensitive tagging
and labeling materials. The company
operates a catalytic oxidizer to control
VOC emissions from its two web
gravure coaters. On December 28, 2007,
NH–DES issued VOC RACT order ARD
07–004 to the company. The order
requires that the company comply with
a VOC content limit of 2.9 lbs VOC per
gallon for its paper, fabric, film and foil
coating operations. Alternatively, the
company is allowed to comply by using
the catalytic oxidizer, by averaging
coating limits such that the weighted
average complies with the 2.9 lbs VOC
per gallon coating limit, or by using
DERs.
Sturm, Ruger & Company
Sturm, Ruger & Company located in
Newport, New Hampshire, produces a
variety of steel investment castings in
the manufacture of firearms. NH–DES
issued VOC RACT order ARD–03–001 to
the facility on October 13, 2003, and reissued it in amended form shortly
thereafter on December 1, 2003. The
order contains VOC limits for coatings
used in the facility’s woodworking
spray booths and paint mixing rooms,
and also contains a number of work
practice and housekeeping standards to
minimize emissions. The order also
contains a 10 gallon daily maximum use
amount for touch-up and repair
finishing materials, compliance
standards for cold cleaning operations at
the facility, and a 1.0 lb VOC per gallon
limit for metal parts coating operations
other than rust-proofing. The VOC
emission rate from the company’s rustproofing operation is limited to 3.5 lbs
VOC per gallon of coating, excluding
water and exempt compounds. The
company is also required to achieve an
81% reduction in VOC emissions from
its flash de-wax process.
Textile Tapes Corporation
The Textile Tapes Corporation located
in Gonic, New Hampshire, operates two
coating lines that coat woven and nonwoven materials with adhesive in the
production of tapes and coated
products. The NH–DES issued an initial
VOC RACT order to the facility on
December 9, 1996, and EPA approved
that order into the New Hampshire SIP
on March 10, 1998 (63 FR 11600). On
August 31, 2007, NH–DES submitted an
amended VOC RACT order to EPA as a
SIP revision request. Since the initial
order was issued in 1996, a number of
revisions have been made to the order,
as follows. In 1998, the company
requested and was granted permission
to use a generic release coating that had
not been addressed in the order issued
in 1996. In 1999, the company requested
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permission to install a recuperative
thermal oxidizer and to replace the
dryer on coating line 1B. NH–DES
granted permission for these
modifications and issued an amended
order to Textile Tapes on April 19,
2002, and submitted the amended order
to EPA as a SIP revision request.
In 2006, Textile Tapes requested
permission to use a coating that exceeds
the 2.9 lb/gal emission limit required by
Env–A 1204.10(c) of New Hampshire’s
air pollution control regulations. NH–
DES required the company to purchase
DER credits as provided for within Env–
A 3100 of New Hampshire’s air
pollution control regulations. The
facility complied by purchasing 4 DER
credits from the Public Service
Company of New Hampshire on October
3, 2006. New Hampshire issued
amended order ARD–96–001 to Textile
Tapes with an effective date of August
10, 2007. The amended order allows the
company to self-generate DER credits
needed to compensate for their noncompliant coating via the over-control
achieved by the recuperative thermal
oxidizer. New Hampshire submitted the
amended order to EPA as a SIP revision
request on August 31, 2007, and we are
approving the amended order into the
New Hampshire SIP in this direct final
rulemaking.
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TFX Medical Incorporated
TFX Medical Incorporated operates a
facility in Jaffrey, New Hampshire,
where it manufactures tubing for
automotive and medical applications
and devices. The manufacturing process
involves extruding a mixture of
polytetrafluoroethylene resin with a
hydrocarbon solvent and then curing
the tubing in ovens. The facility
operates a recuperative thermal oxidizer
to control VOC emissions from the
extruder lines and curing ovens. On
August 7, 2007, NH–DES issued VOC
RACT order ARD 07–002 to the
company. The order requires the
company to reduce VOC emissions by a
minimum of 81%, and the company
achieves this obligation primarily by use
of the thermal oxidizer. During times
that the thermal oxidizer is not able to
meet this control requirement, the order
allows the company to comply by using
DERs.
Webster Valve, Incorporated
Webster Valve, Incorporated operates
a facility in Franklin, New Hampshire,
that is engaged in the manufacture of
valves, regulators, and backflow
prevention devices for plumbing,
heating, and water quality applications.
There are 6 spray booths at the facility
where various coatings are applied to
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the product. On March 21, 2007, NH–
DES issued VOC RACT order ARD 07–
001 to the company. The order contains
the following VOC content limits: for
clear and transparent top coats 4.3 lbs
VOC per gallon of coating, as applied,
excluding water and exempt coatings;
for coatings used in extreme
environmental conditions, and for air
dried coatings, 3.5 lbs VOC per gallon
of coating; and for all other coatings, 3.0
lbs VOC per gallon of coating. The order
also allows the company to comply with
VOC RACT by using DERs.
EPA agrees with New Hampshire’s
RACT determinations for the eleven
sources listed above, and therefore we
are approving the single source VOC
RACT orders for these sources, with the
exception of the order for the Mectrol
Corporation, as NH–DES requested
withdrawal of the SIP revision for that
facility. In instances where New
Hampshire has required air pollution
capture and control equipment, a
minimum 81% reduction has been
required to be achieved. The VOC RACT
orders contain acceptable levels of
monitoring, recordkeeping and
reporting provisions to enable the state
to effectively track compliance at these
facilities. Additionally, we are also fully
approving Env–A 1204.27, New
Hampshire’s requirements for
miscellaneous and multi-category
sources, for all parts of the state.
2. Revision to NOX Rules and Single
Source NOX RACT Orders
On March 12, 2003, New Hampshire
submitted a revised version of its NOX
RACT regulation, Env–A 1211, to EPA
as a SIP revision request. As compared
to the previous, SIP-approved version of
the rule, the version submitted in 2003
contained lower NOX limits for gas-fired
combustion turbines, and revisions
applicable to emergency generators. The
main update made to the rule consisted
of a change made to the NOX RACT
requirements for gas-fired turbines
constructed after May 27, 1999. A
change was made to account for
certifications that facilities were
obtaining from manufacturers that these
units emitted NOX at levels less than
New Hampshire’s NOX RACT limits.
New Hampshire, therefore, made its
emission limits for these units more
restrictive. The new NOX emissions
limits for these units are found at Env–
A 1211.06(d), and limit average hourly
NOX emissions to 25 parts per million,
corrected to 15% oxygen, or
alternatively, 0.092 pounds per million
British thermal unit (BTU). Since the
revised rule’s NOX limits for gas-fired
turbines constructed after May 25, 1999
are more stringent than the previous
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SIP-approved version, the antibacksliding requirements of section
110(l) of the CAA are satisfied.
Regarding the emergency generator
related revisions, the state noted that
after the initial provisions for
emergency generators were adopted in
1994, NH–DES received numerous
complaints that an aspect of the rule
regarding ignition timing was causing
many facilities to encounter difficulty
ensuring that a continuous supply of
electricity could be provided by the
generator. New Hampshire prepared an
analysis of the emissions impact that
removal of this provision would cause
and determined that the impact would
be minimal, and so a change was made
to the emergency generator regulation
providing relief from this provision.
On July 9, 2007, New Hampshire
submitted additional revisions to Env–
A 1211 as a SIP revision request. The
revisions included a change to the
testing requirements for auxiliary
boilers with a heat input of between 5
million and 50 million BTUs, removed
a provision that had allowed such
boilers to meet a less stringent NOX
emission limit once emissions exceeded
50 tons per year, and removed a
requirement that continuous emission
monitors (CEMs) be used on small
boilers.
In today’s action, we are approving
the updated version of Env–A 1211 that
New Hampshire submitted on March 12,
2003, and updated on July 9, 2007, into
the New Hampshire SIP. It should be
noted that additional NOX requirements
within Env–A 1211 were subsequently
submitted by NH–DES and approved by
EPA as part of New Hampshire’s
Regional Haze SIP (77 FR 50602, August
22, 2012).
Additionally, we are approving NOX
RACT orders for four facilities. A brief
description of each order is provided
below.
Anheuser Busch
Anheuser Busch operates a brewery in
Merrimack, New Hampshire. The
significant NOX emitting devices at the
facility consist of three oil and natural
gas-fired boilers, and also an open flare.
On May 9, 2005, NH–DES issued NOX
order ARD–05–001 to the company. The
order requires that the company comply
with a NOX limit of 0.068 lbs NOX per
million BTUs for the open flare.
Regarding the boilers, the order requires
an emission rate of 0.25 lbs NOX per
million BTU on a 24-hour average when
burning natural gas or a combination of
natural gas and biogas. An emission rate
of 0.40 lbs NOX per million BTU on a
24-hour average must be met when oil
or a combination of oil and biogas is
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being used. Additionally, the order
requires testing of a bio energy recovery
system the facility intends to install at
the facility.
Newington Energy, LLC
Newington Energy operates a 525
megawatt combined cycle electric
generation facility in Newington, New
Hampshire. Other equipment at the
facility includes a natural gas-fired
auxiliary boiler, eight natural gas-fired
fuel gas heaters, one diesel fired
emergency generator, and one diesel
fired firewater pump. On June 20, 2007,
NH–DES issued NOX RACT order ARD–
04–001 to the company. The order
requires the company to install and
operate low NOX burners on six fuel gas
heaters, and to also comply with a NOX
emission concentration of 9.9 ppm and
an emission rate of 0.012 lbs NOX per
million BTU for these gas heaters.
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PSNH, Schiller Station
The Public Service Company of New
Hampshire’s (PSNH) Schiller Station is
a 153 megawatt fossil fuel fired electric
generating station located in
Portsmouth, New Hampshire. Electric
power is produced at the facility by
three utility boilers, one combustion
turbine that operates as a load shaving
unit, and one emergency generator. On
August 4, 2006, NH–DES issued NOX
RACT order ARD–06–001 to the
company. The order requires that the
boiler equipped with a circulating
fluidized bed install and operate a
selective non-catalytic reducing (SNCR)
control device to meet an emission limit
of 0.975 lbs NOX per million BTU.
Additionally, the order requires that the
facility continue to comply with
conditions D.1.c and D.1.d of NOX
RACT order ARD–98–001 pertaining to
a non-ozone season NOX cap of 8,208
tons and an ozone season NOX cap of
3,727 tons for the combined emissions
from units identified as MK1, MK2,
NT1, SR4, SR5, and SR6.
Waste Management
Waste Management operates a facility
in Rochester, New Hampshire that
consists of two, closed municipal solid
waste landfills, one active municipal
solid waste landfill, a materials recovery
facility, a leachate treatment plant, and
two landfill gas to energy plants. On
August 26, 2002, NH–DES issued NOX
RACT order ARD 01–001. New
Hampshire submitted an updated order
to EPA as a SIP revision request on
August 2, 2012. We are approving the
updated order in today’s action. The
order provides performance standards
for the three flares at the facility, and
also provides testing, recordkeeping and
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reporting requirements for the facility to
follow.
EPA agrees that the NOX provisions in
the orders for the four facilities outlined
above constitute RACT for these
facilities.
3. Revisions to Testing and Monitoring
Procedures
On March 15, 1983, EPA approved
New Hampshire’s Env–A 800, testing
and monitoring requirements for air
pollution sources into the New
Hampshire SIP. Additional updates to
these requirements were subsequently
incorporated in the New Hampshire SIP
as noted within 40 CFR 52.1525.
On March 12, 2003, New Hampshire
submitted revisions to Env–A 800 to
EPA as a SIP revision request. The
revisions include simplifications to
some procedures and delineates what
methods should be used when
monitoring emissions and checking the
accuracy of CEM systems. Additionally,
the amended rule contains a
requirement that a relative accuracy test
audit (RATA) be performed annually on
each CEM system. If the system does not
pass the RATA, the new rule requires
that another full audit be conducted,
whereas the prior version of the rule
only required a partial audit be done in
such circumstances. The state submitted
additional revisions to Env–A 800 to
EPA as a SIP revision request on July 9,
2007. The July 9, 2007 submittal
contained revisions to Env–A 803.03
and Env–A 803.04, primarily with
regard to requirements for small boilers
and emergency generators. We are
approving New Hampshire’s revised
version of Env–A 800 as submitted on
March 12, 2003 and revised on July 9,
2007, with the exception of Env–A 807
pertaining to requirements regarding
testing and monitoring for opacity. We
are taking no action with regard to
Env–A 807.
4. Revisions to Recordkeeping and
Reporting Requirements
On March 15, 1983, EPA approved
Env–A 900, recordkeeping and reporting
requirements for air pollution sources,
into the New Hampshire SIP. Additional
updates to these requirements were
subsequently incorporated in the New
Hampshire SIP as noted within 40 CFR
52.1525.
On November 14, 2003, New
Hampshire submitted an updated
version of Env–A 900, Owner or
Operator Recordkeeping and Reporting
Obligations, to EPA as a SIP revision
request. New Hampshire’s submittal
was prompted by their re-adoption of
the rule with amendments. The
amendments included clarifying
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language, a re-alignment of the reporting
date for the annual emission statement
requirement, a repeal of a provision
requiring reporting of malfunctions and
replacement of that provision with a
recordkeeping and reporting
requirement for permit deviations, and
a re-organization of the previously
adopted rule.
On July 6, 2012, New Hampshire
submitted an updated version of Env–A
900, Owner or Operator Recordkeeping
and Reporting Obligations, to EPA as a
SIP revision request. The revised
version of Env–A 900 completely
supersedes the older version of Env–A
900 that New Hampshire had submitted
in 2003.2 The revisions included
clarification to a number of
recordkeeping provisions, and also
amended the requirements for fuel-users
regarding fuel sulfur content records.
Additionally, the general reporting
requirements for Title V sources that
previously had been stated in each
permit were added to Env–A 900. New
Hampshire requested that all portions of
the revised Env–A 900 be incorporated
into its SIP with the exception of certain
provisions that are required by 40 CFR
Part 70 for Title V sources.
At this time, we are not taking action
on Env–A 912 (Alternative Time
Periods), nor on the provisions required
relating to Title V sources that New
Hampshire requested not be
incorporated into its SIP.
In today’s action, we are approving
New Hampshire’s July 6, 2012 revised
version of Env–A 900, with the
exceptions of (1) the provisions relating
to 40 CFR Part 70 contained within
Env–A 907 and Env–A 911, and (2) the
provisions of Env–A 912 (Alternative
Time Periods).
IV. Final Action
EPA is approving SIP revisions
submitted by the State of New
Hampshire. EPA is approving New
Hampshire’s January 28, 2008 RACT
certification and negative declarations
as meeting RACT for the 1997 8-hour
standard. Additionally, we are
approving the following portions of
New Hampshire’s air pollution control
requirements: Env–A 800, Testing and
Monitoring Procedures, with the
exception of Env–A 807, Testing for
Opacity of Emissions; Env–A 900,
Owner or Operator Recordkeeping and
Reporting Obligations, with the
exceptions of certain provisions within
Env–A 907 and Env–A 911, and the
entirety of Env–A 912; Env–A 1200,
Volatile Organic Compound RACT; and,
2 On September 26, 2012, New Hampshire
withdrew its November 2003 submission.
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Env–A 1211, Nitrogen Oxide RACT.
Additionally, we are approving
individual VOC RACT orders for the
Concord Litho Group, Hitchiner
Manufacturing, Hutchinson Sealing
Systems, Kalwall Corporation, Metal
Works Incorporated, Parker Hannifin
Corporation, Polyonics, Sturm Ruger &
Company, Textile Tapes Corporation,
TFX Medical, and Webster Valve
Incorporated. NOX RACT orders are
being approved for Anheuser Busch,
Newington Energy, PSNH-Schiller
Station, and Waste Management of New
Hampshire.
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 January
4, 2013 without further notice unless
the Agency receives relevant adverse
comments by December 5, 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 January 4, 2013 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.
V. 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
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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
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66395
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 January 4, 2013.
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, Carbon monoxide,
Incorporation by reference, Nitrogen
dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: October 19, 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—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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. § 52.1520 is amended by:
a. In the table in paragraph (c),
revising entries to existing state
citations for Env–A 800, Env–A 900,
and Env–A 1200.
■ b. Adding 15 new entries to the end
of the table in paragraph (d).
■ c. Adding one new entry to the end of
the table in paragraph (e).
■
■
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Federal Register / Vol. 77, No. 214 / Monday, November 5, 2012 / Rules and Regulations
§ 52.1520
Identification of plan.
*
The revisions and additions read as
follows.
*
*
*
(c) EPA approved regulations.
*
EPA APPROVED NEW HAMPSHIRE REGULATIONS
State citation
State effective date
Title/subject
EPA approval date 1
Explanations
*
Approved Sections Env–A
801 through 806, 808
and 809 of New Hampshire’s air emission testing and monitoring requirements.
Approved Env–A 900
through 906, 907.01(a)
and (b)(1) through
(b)(4), 907.02 and .03,
908 through 910, and
911.01 through 911.04.
*
Env–A 800 .........................
*
*
Testing and Monitoring
Procedures.
*
10/31/2002; 12/22/2004 ....
*
*
11/5/2012 [Insert Federal
Register page number
where the document begins].
Env–A 900 .........................
Owner or Operator Obligations.
04/21/2007 ........................
11/5/2012 [Insert Federal
Register page number
where the document begins].
*
Env–A 1200 .......................
*
*
Prevention, Abatement,
and Control of Stationary Source Air Pollution.
*
10/31/2002; 12/22/2004;
02/26/2005.
*
*
11/5/2012 [Insert Federal
Register page number
where the document begins].
*
*
*
*
*
*
*
Approved Env–A 1200,
containing New Hampshire’s VOC and NOX
RACT requirements.
*
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.
(d) EPA-approved State Source
specific requirements.
EPA-APPROVED NEW HAMPSHIRE SOURCE SPECIFIC REQUIREMENTS
Permit No.
State effective date
EPA approval date 2
Additional explanations/
§ 52.1535 citation
*
Concord Litho Group .........
*
*
ARD–07–003 ....................
*
9/17/2007 ..........................
ARD–02–001 ....................
6/21/2002 ..........................
Hutchinson Sealing Systems.
ARD–01–002 ....................
8/8/2002 ............................
Kalwall Corporation ............
ARD–99–001 ....................
11/20/2011 ........................
Metal Works .......................
ARD–05–001 ....................
12/22/2004 ........................
Parker-Hanifan Corporation
ARD–03–001 ....................
7/18/2002 ..........................
Polyonics ............................
ARD–99–001 ....................
12/28/2007 ........................
Sturm, Ruger & Company
ARD–03–001 ....................
12/1/2003 ..........................
*
*
11/5/2012 [Insert Federal
Register page number
where the document begins].
11/5/2012 [Insert Federal
Register page number
where the document begins].
11/5/2012 [Insert Federal
Register page number
where the document begins].
11/5/2012 [Insert Federal
Register page number
where the document begins].
11/5/2012 [Insert Federal
Register page number
where the document begins].
11/5/2012 [Insert Federal
Register page number
where the document begins].
11/5/2012 [Insert Federal
Register page number
where the document begins].
11/5/2012 [Insert Federal
Register page number
where the document begins].
*
Single source VOC RACT
order for facility in Concord, NH.
Hitchiner Manufacturing .....
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Single source VOC RACT
order for facility in Milford, NH.
Single source VOC RACT
order for facility in
Newfields, NH.
Single source VOC RACT
order for facility in Manchester, NH.
Single source VOC RACT
order for facility in Londonderry, NH.
Single source VOC RACT
order for facility in Hudson, NH.
Single source VOC RACT
order for facility in Westmoreland, NH.
Single source VOC RACT
order for facility located
in Newport, NH.
Federal Register / Vol. 77, No. 214 / Monday, November 5, 2012 / Rules and Regulations
66397
EPA-APPROVED NEW HAMPSHIRE SOURCE SPECIFIC REQUIREMENTS—Continued
Permit No.
State effective date
EPA approval date 2
Additional explanations/
§ 52.1535 citation
Textile Tapes Corporation
ARD–96–001 ....................
8/10/2007 ..........................
Single source VOC RACT
order for facility in
Gonic, NH.
TFX Medical Incorporated
ARD–07–002 ....................
8/7/2007 ............................
Webster Valve ....................
ARD–07–001 ....................
3/21/2007 ..........................
Anheuser Busch .................
ARD–05–001 ....................
5/9/2005 ............................
Newington Energy, LLC .....
ARD–04–001 ....................
6/20/2007 ..........................
PSNH, Schiller Station .......
ARD–06–001 ....................
8/4/2006 ............................
Waste Management ...........
ARD–01–001 ....................
8/26/2002 ..........................
11/5/2012 [Insert Federal
Register page number
where the document begins].
11/5/2012 [Insert Federal
Register page number
where the document begins].
11/5/2012 [Insert Federal
Register page number
where the document begins].
11/5/2012 [Insert Federal
Register page number
where the document begins].
11/5/2012 [Insert Federal
Register page number
where the document begins].
11/5/2012 [Insert Federal
Register page number
where the document begins].
11/5/2012 [Insert Federal
Register page number
where the document begins].
Name of source
Single source VOC RACT
order for facility in
Jaffrey, NH.
Single source VOC RACT
order for facility in
Franklin, NH.
Single source NOX RACT
order for facility in
Merrimack, NH.
Single source NOX RACT
order for facility in
Newington, NH.
Single source NOX RACT
order for facility in Portsmouth, NH.
Single source NOX RACT
order for facility in Rochester, NH.
*
*
*
*
*
*
*
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.
2 In
(e) Nonregulatory.
NEW HAMPSHIRE NON REGULATORY
Applicable
geographic or
nonattainment
area
State submittal date/
effective date
*
*
Statewide ..........................
*
1/28/2008 ..........................
Name of non regulatory
SIP provision
*
Certification for RACT for
the 1997 8-Hour Ozone
Standard.
EPA
approved date
3
*
*
11/5/2012 [Insert Federal
Register page number
where the document begins].
Explanation
*
New Hampshire submitted
documentation that
RACT requirements
were in place for
sources of VOC and
NOX for purposes of the
1997 8-hour ozone
standard.
*
*
*
*
*
*
*
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.
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66398
Federal Register / Vol. 77, No. 214 / Monday, November 5, 2012 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
2), U.S. Environmental Protection
Agency, Region IX, (415) 947–4152,
buss.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
40 CFR Part 52
Table of Contents
[EPA–R09–OAR–2012–0398; FRL–9745–8]
I. Background
II. EPA’s Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
[FR Doc. 2012–26759 Filed 11–2–12; 8:45 am]
BILLING CODE 6560–50–P
Partial Approval and Disapproval of Air
Quality Implementation Plans; Arizona;
Infrastructure Requirements for Ozone
and Fine Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving in part and
disapproving in part State
Implementation Plan (SIP) revisions
submitted by the state of Arizona
pursuant to the requirements of the
Clean Air Act (CAA) for the 1997 8-hour
ozone national ambient air quality
standards (NAAQS) and the 1997 and
2006 NAAQS for fine particulate matter
(PM2.5).
The Clean Air Act requires that each
State adopt and submit a SIP for the
implementation, maintenance, and
enforcement of each NAAQS
promulgated by the EPA. Arizona has
met most of the applicable
requirements. Where EPA is
disapproving, in part, Arizona’s SIP
revisions, several of the deficiencies
have already been addressed by a
federal implementation plan (FIP). The
remaining deficiencies are subject to a
two-year deadline for EPA to
promulgate a FIP, unless EPA approves
an adequate SIP revision prior to that
time. EPA remains committed to
working with Arizona to develop such
a SIP revision.
DATES: Effective Date: This final rule is
effective on December 5, 2012.
ADDRESSES: EPA has established a
docket for this action, identified by
Docket ID Number EPA–R09–OAR–
2012–0398. The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed directly
below.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Buss, Air Planning Office (AIR–
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I. Background
On July 18, 1997, EPA issued a
revised NAAQS for ozone 1 and a new
NAAQS for fine particulate matter
(PM2.5).2 EPA subsequently revised the
24-hour PM2.5 NAAQS on September
21, 2006.3 Each of these actions
triggered a requirement for states to
submit an infrastructure SIP to address
the applicable requirements of section
110(a)(2) within three years of issuance
of the new or revised NAAQS.
On June 27, 2012 (77 FR 38239), EPA
proposed to approve in part and
disapprove in part several SIP revisions
submitted by the Arizona Department of
Environmental Quality (ADEQ) to
address the infrastructure requirements
of CAA section 110(a)(1) and (2) for the
1997 ozone, 1997 PM2.5, and 2006 PM2.5
NAAQS. Additionally, on July 30, 2012
(77 FR 44551), EPA proposed to approve
the portion of the Arizona Infrastructure
SIP pertaining to section
110(a)(2)(D)(i)(I) concerning interstate
transport for the 2006 24-hour PM2.5
NAAQS.4 Also on July 30, 2012 (77 FR
44555), EPA proposed to partially
approve and partially disapprove the
portion of the Arizona Infrastructure SIP
pertaining to the conflict of interest
provision in section 110(a)(2)(E)(ii).
ADEQ submitted SIP revisions to EPA
on September 18, 2008 (‘‘2008
Infrastructure Analysis’’) and October
14, 2009 (‘‘2009 Infrastructure
Analysis’’) to address all of the CAA
section 110(a)(2) requirements, except
1 The 8-hour averaging period replaced the
previous 1-hour averaging period, and the level of
the NAAQS was changed from 0.12 parts per
million (ppm) to 0.08 ppm (62 FR 38856).
2 The annual PM
2.5 standard was set at 15
micrograms per cubic meter (mg/m3), based on the
3-year average of annual arithmetic mean PM2.5
concentrations from single or multiple communityoriented monitors and the 24-hour PM2.5 standard
was set at 65 mg/m3, based on the 3-year average of
the 98th percentile of 24-hour PM2.5 concentrations
at each population-oriented monitor within an area
(62 FR 38652).
3 The final rule revising the 24-hour NAAQS for
PM2.5 from 65 mg/m3 to 35 mg/m3 was published in
the Federal Register on October 17, 2006 (71 FR
61144).
4 EPA previously approved an earlier interstate
transport submittal by Arizona for the 1997 ozone
and 1997 PM2.5 NAAQS at 72 FR 41629 (July 31,
2007).
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for section 110(a)(2)(G),5 and a proposed
SIP revision submitted on June 1, 2012.6
The proposed SIP served as a
supplement to the prior two
infrastructure SIP revisions and was
submitted under the parallel processing
mechanism provided by 40 CFR Part 51,
Appendix V, Section 2.3. The final
version of the June 1, 2012 proposed SIP
revision was adopted on August 24,
2012 and submitted to EPA on the same
day (‘‘2012 Submittal’’).
We are taking final action on all three
submittals because they collectively
address the applicable infrastructure SIP
requirements for the 1997 ozone, 1997
PM2.5, and 2006 PM2.5 NAAQS. We refer
to them collectively herein as
‘‘Arizona’s Infrastructure SIP
Submittals.’’
The rationale supporting EPA’s
actions, including the scope of
infrastructure SIPs in general, is
explained in the Notices of Proposed
Rulemakings (NPRs) and associated
technical support documents (TSDs) 7
and will not be restated here. The TSDs
are available online at
www.regulations.gov, Docket ID number
EPA–R09–OAR–2012–0398.
II. EPA’s Response to Comments
The public comment period for our
proposal published in the Federal
Register on June 27, 2012 (77 FR 38239)
started at publication and closed on July
27, 2012. The public comment period
for our proposals of July 30, 2012 (77 FR
44551, concerning interstate transport
5 In a separate rulemaking, EPA proposed to fully
approve Arizona’s SIP to address the requirements
regarding air pollution emergency episodes in CAA
section 110(a)(2)(G) for the 1997 8-hour ozone
NAAQS. 77 FR 21911 (April 12, 2012). The final
rule for this action was signed on July 26, 2012.
While we are awaiting publication in the Federal
Register, a prepublication copy of that final rule is
available in the docket for today’s rulemaking.
6 On June 14, 2012 ADEQ submitted a letter
requesting withdrawal of several statutes included
in the June 1, 2012 proposed SIP revision. See letter
dated June 14, 2012 from Eric C. Massey, Air
Quality Director, Arizona Department of
Environmental Quality, to Jared Blumenfeld,
Regional Administrator, EPA Region 9.
7 Each of our three proposed rules had an
associated TSD available at www.regulations.gov
under docket ID number EPA–R09–OAR–2012–
0398. The three TSDs are as follows: (1) ‘‘Technical
Support Document: Evaluation of Arizona’s
Infrastructure SIP for the 1997 8-hour Ozone, the
1997 PM2.5, and the 2006 PM2.5 NAAQS,’’ June 15,
2012 (document ID number EPA–R09–OAR–2012–
0398–0003); (2) ‘‘Technical Support Document for
EPA’s Proposed Action on the State of Arizona’s
2009 Infrastructure State Implementation Plan
(Transport Portion) for the 2006 24-hour Fine
Particulate (PM2.5) National Ambient Air Quality
Standard,’’ July 2012 (document ID number EPA–
R09–OAR–2012–0398–0033); and (3) ‘‘Technical
Support Document: EPA Evaluation of Arizona
Provisions for Section 110(a)(2)(E)(ii)/Section 128
Conflict of Interest Requirements,’’ July 2012
(herein, ‘‘Section 128 TSD’’) (document ID number
EPA–R09–OAR–2012–0398–0075).
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Agencies
[Federal Register Volume 77, Number 214 (Monday, November 5, 2012)]
[Rules and Regulations]
[Pages 66388-66398]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26759]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2009-0451; A-1-FRL-9748-2]
Approval and Promulgation of Air Quality Implementation Plans;
New Hampshire; Reasonably Available Control Technology for the 1997 8-
Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving State Implementation Plan (SIP) revisions
submitted by the State of New Hampshire. These revisions consist of a
demonstration that New Hampshire meets the requirements of reasonably
available control technology for oxides of nitrogen and volatile
organic compounds set forth by the Clean Air Act with respect to the
1997 8-hour ozone standard, and revisions to existing rules controlling
these pollutants, and source-specific orders for fifteen individual
sources. This action is being taken in accordance with the Clean Air
Act.
DATES: This direct final rule will be effective January 4, 2013, unless
EPA receives adverse comments by December 5, 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 the Docket ID Number
EPA-R01-OAR-2009-0451 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-2009-0451,''
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, 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, Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square, 5th Floor, Boston, MA 02109-3912. 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 to 4:30, excluding legal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2009-0451. 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, 5 Post Office
Square, 5th Floor, Boston, MA. EPA requests that if at all possible,
you contact the
[[Page 66389]]
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 are also available for
public inspection during normal business hours, by appointment, at the
State Air Agency, as follows: Air Resources Division, Department of
Environmental Services, 6 Hazen Drive, P.O. Box 95, Concord, NH 03302-
0095.
FOR FURTHER INFORMATION CONTACT: Bob McConnell, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston,
MA 02109-3912, telephone number (617) 918-1046, fax number (617) 918-
0046, email mcconnell.robert@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 New Hampshire's SIP Revisions
III. Evaluation of New Hampshire's SIP Submittals
A. Evaluation of RACT Certification
B. Evaluation of Revised New Hampshire Rules
1. Revisions to VOC Rules and Single Source VOC RACT Orders
2. Revisions to NOX Rules and Single Source
NOX RACT Orders
3. Revisions to Testing and Monitoring Procedures
4. Revisions to Recordkeeping and Reporting Requirements
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background and Purpose
In 1997, EPA revised the health-based national ambient air quality
standard (NAAQS) for ozone, setting it at 0.08 parts per million (ppm)
averaged over an 8-hour time frame. EPA set the 8-hour ozone standard
based on scientific evidence demonstrating that ozone causes adverse
health effects at lower ozone concentrations and over longer periods of
time than was understood when the pre-existing one-hour ozone standard
was set. EPA determined that the 8-hour standard would be more
protective of human health, especially with regard to children and
adults who are active outdoors, and individuals with a pre-existing
respiratory disease such as asthma.
On April 30, 2004 (69 FR 23951), EPA designated portions of New
Hampshire located in the southern part of the state as nonattainment
for the 1997 8-hour ozone standard. These areas were classified as
moderate, and are located within portions of Hillsborough, Merrimack,
Rockingham, and Strafford counties. See 40 CFR 81.330. The use of
reasonably available control technology (RACT) by certain stationary
sources is specified by sections 172(c)(1) and 182(b)(2) of the Clean
Air Act (CAA, or ``the Act'') in nonattainment areas classified as
moderate or higher. Additionally, section 184(b)(1)(B) of the Act
requires RACT controls in states located in the ozone transport region
(OTR). Although most of central and northern New Hampshire were not
designated nonattainment for the 1997 8-hour ozone standard, all parts
of the state are within the OTR and therefore all parts of New
Hampshire are required to implement RACT.
Specifically, these areas are required to implement RACT on all
sources covered by a Control Techniques Guideline (CTG) document and on
all major sources of volatile organic compounds (VOCs) and nitrogen
oxide (NOX) emissions. A CTG is a document issued by EPA
which establishes a ``presumptive norm'' for RACT for a specific VOC
source category. A similar set of documents exists for NOX
control requirements; these are referred to as Alternative Control
Techniques (ACT) documents. States are required to submit rules or
negative declarations for CTG source categories, but not for sources in
ACT categories although RACT must be imposed on major sources of
NOX, and some of those major sources may be within a sector
covered by an ACT document.
On November 29, 2005, EPA published a final rule in the Federal
Register that outlined requirements for areas found to be in
nonattainment of the 1997 8-hour ozone standard (see 70 FR 71612). This
rule, referred to as the ``Phase 2 Implementation rule,'' contains a
description of what EPA's expectations are for states with RACT
obligations. The Phase 2 Implementation rule indicated that states
could meet RACT either through a certification that previously adopted
RACT controls in its SIP-approved by EPA under the one-hour ozone NAAQS
represent adequate RACT control levels for 8-hour attainment planning
purposes, or through the establishment of new or more stringent
requirements that represent RACT control levels.
On January 28, 2008, the State of New Hampshire submitted a formal
revision to its State Implementation Plan (SIP). The SIP revision
consisted of information documenting how the State complied with RACT
requirements for the 1997 8-hour ozone standard.\1\ Several of the
source-specific RACT orders relied on in New Hampshire's January 28,
2008 submittal have been updated since that time as noted in section
III of this action.
---------------------------------------------------------------------------
\1\ New Hampshire's submittal is for the 1997 8-hour ozone
standard and does not address the 0.075 ppm 2008 ozone standard.
---------------------------------------------------------------------------
On October 5, 2006, EPA issued four new CTGs which states were
required to address by October 5, 2007 (71 FR 58745). Also, on October
9, 2007, EPA issued three more CTGs which states were required to
address by October 9, 2008 (72 FR 57215). Furthermore, on October 7,
2008, EPA issued four additional CTGs which states were required to
address by October 7, 2009 (73 FR 58841). New Hampshire's January 28,
2008 SIP revision and today's action do not address the state's
obligations with regard to EPA's 2006, 2007, and 2008 CTGs. EPA intends
to address those CTG obligations in a separate action in the near
future.
II. Summary of New Hampshire's SIP Revisions
On January 28, 2008, New Hampshire submitted a demonstration that
its regulatory framework for stationary sources met the criteria for
RACT as defined in EPA's Phase 2 Implementation rule. The state held a
public hearing on its RACT certification finding on October 20, 2006.
New Hampshire's RACT submittal notes that the State's former status as
a nonattainment area for the one-hour ozone standard resulted in the
adoption of stringent controls for sources of VOC and NOX
including RACT level controls. Therefore, much of New Hampshire's
submittal consists of a review of RACT controls adopted under the one
hour ozone standard and an evaluation of whether those previously
adopted controls still represent RACT.
The state's submittal identifies the specific control measures that
have been previously adopted to control emissions from sources of VOC
and NOX emissions, and also describes updates made to
existing rules to strengthen them so that they will continue to
represent RACT. Additionally, section 3.3 of New Hampshire's RACT
submittal identifies the CTG categories for which facilities do not
exist within the state, and makes a negative declaration for these
categories. The CTG categories for which New Hampshire makes a negative
declaration are as follows:
1. Aerospace coatings
2. Organic waste process vents
3. Polystyrene foam manufacturing
4. Industrial wastewater
[[Page 66390]]
5. Refinery vacuum producing systems, wastewater separators, and
process unit turnarounds
6. Surface coating of large appliances
7. Factory surface coating of flat wood paneling
8. VOC leaks from petroleum refinery equipment
9. Manufacture of synthesized pharmaceutical products
10. Manufacture of pneumatic rubber tires
11. Large petroleum dry cleaners
12. Manufacture of high density polyethylene, polypropylene, and
polystyrene resins
13. VOC equipment leaks from natural gas/gasoline processing plants
14. VOC fugitive emissions from synthetic organic chemical polymer and
resin equipment
15. VOC emissions from air oxidation processes in synthetic organic
chemical mfg. industry
16. Synthetic organic chemical mfg. industry distillation and reactor
processes
17. Shipbuilding and ship repair operations
Regarding items 6 and 7 above, we note that New Hampshire's
negative declarations for these sectors is with regard to the CTG's
issued in 1977 for large appliances (EPA-450/2-77-034, 1977/12) and in
1978 for flat wood paneling (EPA-450/2-78-032, 1978/06). EPA updated
the flat wood paneling CTG in 2006, and the large appliance surface
coating CTG in 2007, and New Hampshire subsequently addressed these
updated CTGs. However, in this rulemaking we are only acting on New
Hampshire's negative declarations for the 1977 and 1978 versions of
these CTGs.
Appendix A of New Hampshire's submittal contains a summary of
information for each of EPA's CTG categories, and identifies the
specific state rule, where relevant, that is in place, the effective
date for each rule, and the date that EPA approved the rule into the
New Hampshire SIP. Appendix B identifies the major VOC and
NOX sources in the state that are not covered by an ACT or
CTG document, but are subject to RACT via source-specific RACT orders
issued by the New Hampshire Department of Environmental Services (NH-
DES). The state has issued source-specific orders containing control
requirements for these facilities. The table within Appendix B
identifies the effective date for each RACT order, and an indication of
whether or not EPA had approved the order into the New Hampshire SIP.
Table 1 below contains a list of the single source RACT orders that New
Hampshire has adopted and submitted to EPA, but that we had not yet
acted on as of the date of the state's RACT certification submittal. We
note that the table within Appendix B of New Hampshire's submittal did
not include an effective date for the order for Newington Energy LLC,
as that order had not yet been issued when the state held the public
hearing on its RACT certification in 2006. That order was subsequently
issued by NH-DES with an effective date of June 20, 2007.
Table 1--RACT ORDERS NOT YET APPROVED INTO THE NH SIP
------------------------------------------------------------------------
Final RACT order
Company name Pollutant effective date
------------------------------------------------------------------------
Concord Litho Group, Inc........ VOC............... 9/17/2007.
Hitchiner Manufacturing, Milford VOC............... 6/20/2002.
Hutchinson Sealing Systems, Inc. VOC............... 8/8/2002 (Updated
3/23/2012).
Kalwall Corp.--Manchester....... VOC............... 11/20/2001.
Mectrol Corporation............. VOC............... 6/16/2003
(Withdrawn 7/2/
2009).
Metal Works, Inc................ VOC............... 12/22/2004.
Parker Hannifin Corporation, VOC............... 7/17/2002.
Chomerics.
Polyonics....................... VOC............... 12/28/2007.
Sturm, Ruger & Company.......... VOC............... 10/13/2003.
Textile Tapes Corp. (amended VOC............... 4/19/2002; 8/10/
orders). 2007.
TFX Medical, Inc................ VOC............... 8/7/2007.
Webster Valve, Inc.............. VOC............... 4/20/2007.
Anheuser Busch.................. NOX............... 5/9/2005.
Newington Energy, LLC........... NOX............... 6/20/2007.
PSNH, Schiller Station.......... NOX............... 8/4/2006.
Waste Management of NH.......... NOX............... 8/26/2002.
------------------------------------------------------------------------
We provide a brief summary of each of the orders in Table 1, and
identify the action we are taking on them in Section III.B of this
direct final rule.
New Hampshire's certification notes that the RACT requirements
apply to sources that have the potential to emit 50 tons per year or
more of NOX, and to sources with potential VOC emissions of
between 10 and 50 tons per year or greater depending on the source
category. Figures one and two of the state's submittal document the
significant reduction in emissions that has occurred at sources subject
to RACT in the state. NOX and VOC emissions have fallen 77
percent and 59 percent, respectively, from stationary point sources
since the RACT requirements contained within the CAA amendments of 1990
were promulgated.
New Hampshire's submittal notes that for the years 2003 through
2005 the state did not record any violations of the 1997 ozone
standard, and the state's submittal concludes that tighter
NOX and VOC controls are therefore not necessary to bring
the area into attainment.
On March 12, 2003, New Hampshire submitted revised versions of Env-
A 800, Testing and Monitoring Procedures, Env-A 1204, VOC RACT, and
Env-A 1211, NOX RACT, to EPA and requested that these
revised rules be incorporated into the New Hampshire SIP. Additional
modifications to each of these rules were submitted to EPA as a SIP
revision request on July 9, 2007.
On November 14, 2003, New Hampshire submitted a revised version of
Env-A 900, Recordkeeping and Reporting Obligations, to EPA as a SIP
revision request. More recently, on July 6, 2012, New Hampshire
submitted an updated, revised version of Env-A 900 to EPA as a SIP
revision request. On September 26, 2012, New Hampshire withdrew its
November 2003 submission since its July 2012 submission of a revised
version of Env-A 900 entirely superseded the earlier version of Env-A
900 included in its November 2003 submission.
[[Page 66391]]
III. Evaluation of New Hampshire's SIP Submittals
A. Evaluation of RACT Certification
EPA has evaluated the VOC and NOX stationary source
control regulations that New Hampshire cites as meeting RACT for the
1997 8-hour standard and agrees that the state's regulations are
satisfactorily meeting EPA's RACT requirements for purposes of the 1997
8-hour ozone standard. EPA previously approved these NOX and
VOC RACT requirements into the New Hampshire SIP (See 62 FR 17087,
April 9, 1997 for NOX; See 63 FR 11600, March 10, 1998 and
67 FR 48033, July 23, 2002 for VOC), and in today's direct final
rulemaking we are approving updates to several of these rules, and also
approving single source RACT determinations for fifteen major sources
of VOC and NOX in the state.
We are determining that these regulatory elements and the resulting
reduction in VOC and NOX emissions from sources demonstrate
that a RACT level of control has been implemented in the state.
Additionally, we are approving the negative declarations New Hampshire
submitted for the source categories identified in Section II of this
document.
EPA published a clean data determination for New Hampshire's only
8-hour ozone nonattainment area in the Federal Register that documents
that air quality monitoring data in the state currently meets EPA's
1997 ozone standard. The determination for the Boston-Manchester-
Portsmouth moderate area was published on March 18, 2011 (76 FR 14805).
The improvements in air quality represented by this clean data
determination were brought about, in part, by the RACT program
implemented by New Hampshire. Additional information about the
revisions to New Hampshire's rules and the single source RACT orders we
are approving today is contained below in section III.B and III.C.
B. Evaluation of Revised New Hampshire Rules
1. Revisions to VOC Rules and Single Source VOC RACT Orders
On March 12, 2003, New Hampshire submitted a revised version of its
VOC RACT regulation, Env-A 1204, to EPA as a SIP revision request. The
revised version of the VOC RACT rules removed provisions relating to
petroleum refineries, as there are no such facilities in the state.
Additionally, the state removed a section regarding an equivalent
substitute control technique because a similar provision that requires
submittal to EPA exists and was retained in the rule. Several minor
updates to references and correction of errors were also made within
the March 12, 2003 submittal.
On July 9, 2007, New Hampshire submitted additional updates to its
VOC RACT regulations to EPA as a SIP revision request. The July 9, 2007
submittal consisted primarily of updates to the state's existing
requirements for solvent metal cleaning that were made to match
requirements recommended within a model rule adopted by the Ozone
Transport Commission (OTC). The primary changes made to the rule
consisted of adoption of expanded applicability of the state's existing
rule to include anyone who sells VOC containing solvent for use in a
cold cleaning machine, and a prohibition was added preventing certain
items from being cleaned in a cold cleaning machine. In keeping with
the model rule adopted by the OTC, New Hampshire's rule prohibits the
use of solvents with a vapor pressure greater than 1.0 millimeter of
mercury in cold cleaning operations. The addition of a vapor pressure
limit makes the revised rule more stringent than the previous version
of the rule approved by EPA into the New Hampshire SIP in 2002 (67 FR
48033), thus satisfying the anti-backsliding requirements of section
110(l) of the CAA. A number of minor updates and renumbering changes
were also included in the July 9, 2007 submittal. We are approving New
Hampshire's updated VOC RACT regulations as submitted to EPA on March
12, 2003, and modified on July 9, 2007.
As previously mentioned, on March 10, 1998 (63 FR 11600), EPA
approved New Hampshire's VOC RACT requirements that the state had
adopted in 1995 as part of its emission control strategy for the one-
hour ozone standard. However, our March 10, 1998 action provided only a
limited approval of Env-A 1204.27, the state's rule for major sources
that are not covered by one of EPA's CTG documents. A final, full
approval of Env-A 1204.27 was issued on July 23, 2002 (67 FR 48033),
although that approval was limited to portions of the state located in
the New Hampshire portion of the eastern Massachusetts serious one-hour
ozone nonattainment area. Approval of Env-A-1204.27 in the remainder of
the state was not granted at that time because New Hampshire had not
issued single source RACT orders for all major sources of VOC and
NOX in the remainder of the state.
New Hampshire has now adopted RACT for all major sources, and we
are approving those orders and providing a full statewide approval of
New Hampshire's requirements for miscellaneous and multi-category
sources within this direct final rule.
A brief description of the single source VOC RACT orders that we
are approving in today's action is provided below. A number of these
orders contain provisions for complying with RACT via purchase of, or
generation of, emission reduction credits. New Hampshire has an adopted
emissions credit trading rule, Env-A 3100, Discrete Emission Reduction
Trading Program. However, EPA has not approved Env-A 3100 into the New
Hampshire SIP. Therefore, we have evaluated the generation and use of
DERs in each of these cases and believe that they represent a
legitimate option for sources to comply with RACT. We are therefore
approving their use as outlined in the individual orders being approved
in this action. Additionally, any purchased credits used for RACT
compliance must come from a source whose order is also federally
approved.
Concord Litho Group
The Concord Litho Group operates a facility in Concord, New
Hampshire where it uses an offset lithographic printing operation to
produce greeting cards, brochures, magazines, and direct mail inserts.
The company operates two regenerative thermal oxidizers to control VOC
emissions from five of the seven printing presses at the facility. On
September 17, 2007, NH-DES issued VOC RACT order ARD 07-003 to the
company. The order requires that the VOC emissions from the dryer
exhaust of the heat-set web offset lithographic presses either be
reduced by 90% or have a total organics level of 20 parts per million
or less. The company will meet these requirements by controlling VOC
emissions with their two recuperative thermal oxidizers. The order
allows the facility to comply by purchasing DERs during times that
maintenance is being performed, or when an oxidizer malfunctions.
Hitchiner Manufacturing
The Hitchiner Manufacturing Company operates a casting foundry and
ceramics molding operation in Milford, New Hampshire. In 2002, the
facility ceased operation of a VOC emitting operation referred to as
the Plant 2 ceramics molding process and was granted 29 tons in VOC
emission reduction credits (ERCs) by NH-DES for this shutdown. NH-DES
issued VOC RACT order ARD-02-001 to the facility on June 21, 2002. The
order requires that the facility reduce its VOC
[[Page 66392]]
emissions by 81%, and caps annual VOC emissions at less than 50 tons
per year. The facility will meet these obligations primarily by use of
the ERCs generated by the shutdown of the Plant 2 ceramics molding
process.
Hutchinson Sealing Systems, Inc.
Hutchinson Sealing Systems located in Newfields, New Hampshire,
operates a facility that produces sealing systems, body seals, and
rubber glass-run channels used in the automotive and other industries.
On August 8, 2002, NH-DES issued VOC RACT order ARD-01-002 to the
facility, and submitted it as a revision to the state's SIP on this
same day. On March 23, 2012, NH-DES submitted an updated VOC RACT order
identified as ARD-11-001 that replaced the prior order issued to the
facility in 2002. The updated order indicates that the company will
install and operate a catalytic oxidizer to control VOC emissions from
some of the process lines at the facility. The updated order contains
VOC content limits for motor vehicle weather-strip adhesive coatings,
and an allowance for compliance to be met by using either DERs or ERCs.
The company must also continue to research and test water based and/or
high solids coatings as new products become available.
Kalwall Corporation
The Kalwall Corporation located in Manchester, New Hampshire,
manufactures energy efficient window like structural components out of
specially formulated, fiberglass reinforced material. The NH-DES
developed VOC RACT order ARD-95-010 for the facility and submitted it
to EPA on September 10, 1996, and we approved that order into the New
Hampshire SIP in our March 10, 1998 final rulemaking mentioned
elsewhere in this document. On June 25, 1999, NH-DES submitted an
updated VOC RACT order for Kalwall numbered ARD-99-001 to replace the
previously issued order, and requested the order be approved into the
New Hampshire SIP. A minor update to this order was submitted to EPA on
November 20, 2001, and we are approving that version of ARD-99-001 via
this final rulemaking. The major aspects of the updated order establish
VOC content limits for bonding agents used on IBSS process lines 1 and
2, for coatings used in the KWS process, for clear or transparent
topcoats used in the KCRF process, and for pretreatment primers applied
in the KCRF process. VOC RACT order ARD-99-001 also allows the company
to comply by purchasing DERs as provided for by Env-A 3100 of New
Hampshire's air regulations.
Mectrol Corporation
On June 16, 2003, NH-DES issued VOC RACT order ARD-03-002 to the
Mectrol Corporation located in Salem, New Hampshire and submitted it to
EPA as a SIP revision request. However, by letter dated July 2, 2009,
NH-DES subsequently withdrew this request because the coating units
that had been the subject of the order had been removed from the
facility. Therefore, we are taking no action with regard to New
Hampshire's June 16, 2003 SIP submittal request.
Metal Works, Inc
Metal Works, Inc., operates a facility in Londonderry, New
Hampshire, where it is primarily engaged in the fabrication of sheet
metal. The facility operates 5 spray booths, and these booths are the
primary source of VOC emissions at the facility. On December 22, 2004,
NH-DES issued VOC RACT order ARD-05-001. The order contains the
following VOC content limits: for clear and transparent top coats 4.3
lbs VOC per gallon of coating, as applied, excluding water and exempt
coatings; for coatings used in extreme environmental conditions, and
for air dried coatings, 3.5 lbs VOC per gallon of coating; and for all
other coatings, 3.0 lbs VOC per gallon of coating. The order also
allows the company to comply with VOC RACT by using DERs.
Parker-Hanifan Corporation, Chomerics Division
The Chomerics Division of the Parker Hanifan Corporation located in
Hudson, New Hampshire, produces coated fabrics, films, and other
substrates for use in the electronics industry. NH-DES issued VOC RACT
order ARD-03-001 to the company on July 18, 2002. The facility operates
four continuous web coaters, and the VOC emissions from each are
captured within a permanent total enclosure that meets the requirements
of EPA Method 204. Exhaust from dryers on each line is fed to a
catalytic oxidizer that is required to achieve a minimum destruction
and removal efficiency for VOCs of 93%. The order contains monitoring
and recordkeeping requirements for the catalytic oxidizer. The order
also allows the company to comply by generating and using emission
credits for compliance, and to comply via the purchase of DERs.
Polyonics
The Polyonics facility located in Westmoreland, New Hampshire,
manufactures pressure sensitive tagging and labeling materials. The
company operates a catalytic oxidizer to control VOC emissions from its
two web gravure coaters. On December 28, 2007, NH-DES issued VOC RACT
order ARD 07-004 to the company. The order requires that the company
comply with a VOC content limit of 2.9 lbs VOC per gallon for its
paper, fabric, film and foil coating operations. Alternatively, the
company is allowed to comply by using the catalytic oxidizer, by
averaging coating limits such that the weighted average complies with
the 2.9 lbs VOC per gallon coating limit, or by using DERs.
Sturm, Ruger & Company
Sturm, Ruger & Company located in Newport, New Hampshire, produces
a variety of steel investment castings in the manufacture of firearms.
NH-DES issued VOC RACT order ARD-03-001 to the facility on October 13,
2003, and re-issued it in amended form shortly thereafter on December
1, 2003. The order contains VOC limits for coatings used in the
facility's woodworking spray booths and paint mixing rooms, and also
contains a number of work practice and housekeeping standards to
minimize emissions. The order also contains a 10 gallon daily maximum
use amount for touch-up and repair finishing materials, compliance
standards for cold cleaning operations at the facility, and a 1.0 lb
VOC per gallon limit for metal parts coating operations other than
rust-proofing. The VOC emission rate from the company's rust-proofing
operation is limited to 3.5 lbs VOC per gallon of coating, excluding
water and exempt compounds. The company is also required to achieve an
81% reduction in VOC emissions from its flash de-wax process.
Textile Tapes Corporation
The Textile Tapes Corporation located in Gonic, New Hampshire,
operates two coating lines that coat woven and non-woven materials with
adhesive in the production of tapes and coated products. The NH-DES
issued an initial VOC RACT order to the facility on December 9, 1996,
and EPA approved that order into the New Hampshire SIP on March 10,
1998 (63 FR 11600). On August 31, 2007, NH-DES submitted an amended VOC
RACT order to EPA as a SIP revision request. Since the initial order
was issued in 1996, a number of revisions have been made to the order,
as follows. In 1998, the company requested and was granted permission
to use a generic release coating that had not been addressed in the
order issued in 1996. In 1999, the company requested
[[Page 66393]]
permission to install a recuperative thermal oxidizer and to replace
the dryer on coating line 1B. NH-DES granted permission for these
modifications and issued an amended order to Textile Tapes on April 19,
2002, and submitted the amended order to EPA as a SIP revision request.
In 2006, Textile Tapes requested permission to use a coating that
exceeds the 2.9 lb/gal emission limit required by Env-A 1204.10(c) of
New Hampshire's air pollution control regulations. NH-DES required the
company to purchase DER credits as provided for within Env-A 3100 of
New Hampshire's air pollution control regulations. The facility
complied by purchasing 4 DER credits from the Public Service Company of
New Hampshire on October 3, 2006. New Hampshire issued amended order
ARD-96-001 to Textile Tapes with an effective date of August 10, 2007.
The amended order allows the company to self-generate DER credits
needed to compensate for their non-compliant coating via the over-
control achieved by the recuperative thermal oxidizer. New Hampshire
submitted the amended order to EPA as a SIP revision request on August
31, 2007, and we are approving the amended order into the New Hampshire
SIP in this direct final rulemaking.
TFX Medical Incorporated
TFX Medical Incorporated operates a facility in Jaffrey, New
Hampshire, where it manufactures tubing for automotive and medical
applications and devices. The manufacturing process involves extruding
a mixture of polytetrafluoroethylene resin with a hydrocarbon solvent
and then curing the tubing in ovens. The facility operates a
recuperative thermal oxidizer to control VOC emissions from the
extruder lines and curing ovens. On August 7, 2007, NH-DES issued VOC
RACT order ARD 07-002 to the company. The order requires the company to
reduce VOC emissions by a minimum of 81%, and the company achieves this
obligation primarily by use of the thermal oxidizer. During times that
the thermal oxidizer is not able to meet this control requirement, the
order allows the company to comply by using DERs.
Webster Valve, Incorporated
Webster Valve, Incorporated operates a facility in Franklin, New
Hampshire, that is engaged in the manufacture of valves, regulators,
and backflow prevention devices for plumbing, heating, and water
quality applications. There are 6 spray booths at the facility where
various coatings are applied to the product. On March 21, 2007, NH-DES
issued VOC RACT order ARD 07-001 to the company. The order contains the
following VOC content limits: for clear and transparent top coats 4.3
lbs VOC per gallon of coating, as applied, excluding water and exempt
coatings; for coatings used in extreme environmental conditions, and
for air dried coatings, 3.5 lbs VOC per gallon of coating; and for all
other coatings, 3.0 lbs VOC per gallon of coating. The order also
allows the company to comply with VOC RACT by using DERs.
EPA agrees with New Hampshire's RACT determinations for the eleven
sources listed above, and therefore we are approving the single source
VOC RACT orders for these sources, with the exception of the order for
the Mectrol Corporation, as NH-DES requested withdrawal of the SIP
revision for that facility. In instances where New Hampshire has
required air pollution capture and control equipment, a minimum 81%
reduction has been required to be achieved. The VOC RACT orders contain
acceptable levels of monitoring, recordkeeping and reporting provisions
to enable the state to effectively track compliance at these
facilities. Additionally, we are also fully approving Env-A 1204.27,
New Hampshire's requirements for miscellaneous and multi-category
sources, for all parts of the state.
2. Revision to NOX Rules and Single Source NOX
RACT Orders
On March 12, 2003, New Hampshire submitted a revised version of its
NOX RACT regulation, Env-A 1211, to EPA as a SIP revision
request. As compared to the previous, SIP-approved version of the rule,
the version submitted in 2003 contained lower NOX limits for
gas-fired combustion turbines, and revisions applicable to emergency
generators. The main update made to the rule consisted of a change made
to the NOX RACT requirements for gas-fired turbines
constructed after May 27, 1999. A change was made to account for
certifications that facilities were obtaining from manufacturers that
these units emitted NOX at levels less than New Hampshire's
NOX RACT limits. New Hampshire, therefore, made its emission
limits for these units more restrictive. The new NOX
emissions limits for these units are found at Env-A 1211.06(d), and
limit average hourly NOX emissions to 25 parts per million,
corrected to 15% oxygen, or alternatively, 0.092 pounds per million
British thermal unit (BTU). Since the revised rule's NOX
limits for gas-fired turbines constructed after May 25, 1999 are more
stringent than the previous SIP-approved version, the anti-backsliding
requirements of section 110(l) of the CAA are satisfied.
Regarding the emergency generator related revisions, the state
noted that after the initial provisions for emergency generators were
adopted in 1994, NH-DES received numerous complaints that an aspect of
the rule regarding ignition timing was causing many facilities to
encounter difficulty ensuring that a continuous supply of electricity
could be provided by the generator. New Hampshire prepared an analysis
of the emissions impact that removal of this provision would cause and
determined that the impact would be minimal, and so a change was made
to the emergency generator regulation providing relief from this
provision.
On July 9, 2007, New Hampshire submitted additional revisions to
Env-A 1211 as a SIP revision request. The revisions included a change
to the testing requirements for auxiliary boilers with a heat input of
between 5 million and 50 million BTUs, removed a provision that had
allowed such boilers to meet a less stringent NOX emission
limit once emissions exceeded 50 tons per year, and removed a
requirement that continuous emission monitors (CEMs) be used on small
boilers.
In today's action, we are approving the updated version of Env-A
1211 that New Hampshire submitted on March 12, 2003, and updated on
July 9, 2007, into the New Hampshire SIP. It should be noted that
additional NOX requirements within Env-A 1211 were
subsequently submitted by NH-DES and approved by EPA as part of New
Hampshire's Regional Haze SIP (77 FR 50602, August 22, 2012).
Additionally, we are approving NOX RACT orders for four
facilities. A brief description of each order is provided below.
Anheuser Busch
Anheuser Busch operates a brewery in Merrimack, New Hampshire. The
significant NOX emitting devices at the facility consist of
three oil and natural gas-fired boilers, and also an open flare. On May
9, 2005, NH-DES issued NOX order ARD-05-001 to the company.
The order requires that the company comply with a NOX limit
of 0.068 lbs NOX per million BTUs for the open flare.
Regarding the boilers, the order requires an emission rate of 0.25 lbs
NOX per million BTU on a 24-hour average when burning
natural gas or a combination of natural gas and biogas. An emission
rate of 0.40 lbs NOX per million BTU on a 24-hour average
must be met when oil or a combination of oil and biogas is
[[Page 66394]]
being used. Additionally, the order requires testing of a bio energy
recovery system the facility intends to install at the facility.
Newington Energy, LLC
Newington Energy operates a 525 megawatt combined cycle electric
generation facility in Newington, New Hampshire. Other equipment at the
facility includes a natural gas-fired auxiliary boiler, eight natural
gas-fired fuel gas heaters, one diesel fired emergency generator, and
one diesel fired firewater pump. On June 20, 2007, NH-DES issued
NOX RACT order ARD-04-001 to the company. The order requires
the company to install and operate low NOX burners on six
fuel gas heaters, and to also comply with a NOX emission
concentration of 9.9 ppm and an emission rate of 0.012 lbs
NOX per million BTU for these gas heaters.
PSNH, Schiller Station
The Public Service Company of New Hampshire's (PSNH) Schiller
Station is a 153 megawatt fossil fuel fired electric generating station
located in Portsmouth, New Hampshire. Electric power is produced at the
facility by three utility boilers, one combustion turbine that operates
as a load shaving unit, and one emergency generator. On August 4, 2006,
NH-DES issued NOX RACT order ARD-06-001 to the company. The
order requires that the boiler equipped with a circulating fluidized
bed install and operate a selective non-catalytic reducing (SNCR)
control device to meet an emission limit of 0.975 lbs NOX
per million BTU. Additionally, the order requires that the facility
continue to comply with conditions D.1.c and D.1.d of NOX
RACT order ARD-98-001 pertaining to a non-ozone season NOX
cap of 8,208 tons and an ozone season NOX cap of 3,727 tons
for the combined emissions from units identified as MK1, MK2, NT1, SR4,
SR5, and SR6.
Waste Management
Waste Management operates a facility in Rochester, New Hampshire
that consists of two, closed municipal solid waste landfills, one
active municipal solid waste landfill, a materials recovery facility, a
leachate treatment plant, and two landfill gas to energy plants. On
August 26, 2002, NH-DES issued NOX RACT order ARD 01-001.
New Hampshire submitted an updated order to EPA as a SIP revision
request on August 2, 2012. We are approving the updated order in
today's action. The order provides performance standards for the three
flares at the facility, and also provides testing, recordkeeping and
reporting requirements for the facility to follow.
EPA agrees that the NOX provisions in the orders for the
four facilities outlined above constitute RACT for these facilities.
3. Revisions to Testing and Monitoring Procedures
On March 15, 1983, EPA approved New Hampshire's Env-A 800, testing
and monitoring requirements for air pollution sources into the New
Hampshire SIP. Additional updates to these requirements were
subsequently incorporated in the New Hampshire SIP as noted within 40
CFR 52.1525.
On March 12, 2003, New Hampshire submitted revisions to Env-A 800
to EPA as a SIP revision request. The revisions include simplifications
to some procedures and delineates what methods should be used when
monitoring emissions and checking the accuracy of CEM systems.
Additionally, the amended rule contains a requirement that a relative
accuracy test audit (RATA) be performed annually on each CEM system. If
the system does not pass the RATA, the new rule requires that another
full audit be conducted, whereas the prior version of the rule only
required a partial audit be done in such circumstances. The state
submitted additional revisions to Env-A 800 to EPA as a SIP revision
request on July 9, 2007. The July 9, 2007 submittal contained revisions
to Env-A 803.03 and Env-A 803.04, primarily with regard to requirements
for small boilers and emergency generators. We are approving New
Hampshire's revised version of Env-A 800 as submitted on March 12, 2003
and revised on July 9, 2007, with the exception of Env-A 807 pertaining
to requirements regarding testing and monitoring for opacity. We are
taking no action with regard to Env-A 807.
4. Revisions to Recordkeeping and Reporting Requirements
On March 15, 1983, EPA approved Env-A 900, recordkeeping and
reporting requirements for air pollution sources, into the New
Hampshire SIP. Additional updates to these requirements were
subsequently incorporated in the New Hampshire SIP as noted within 40
CFR 52.1525.
On November 14, 2003, New Hampshire submitted an updated version of
Env-A 900, Owner or Operator Recordkeeping and Reporting Obligations,
to EPA as a SIP revision request. New Hampshire's submittal was
prompted by their re-adoption of the rule with amendments. The
amendments included clarifying language, a re-alignment of the
reporting date for the annual emission statement requirement, a repeal
of a provision requiring reporting of malfunctions and replacement of
that provision with a recordkeeping and reporting requirement for
permit deviations, and a re-organization of the previously adopted
rule.
On July 6, 2012, New Hampshire submitted an updated version of Env-
A 900, Owner or Operator Recordkeeping and Reporting Obligations, to
EPA as a SIP revision request. The revised version of Env-A 900
completely supersedes the older version of Env-A 900 that New Hampshire
had submitted in 2003.\2\ The revisions included clarification to a
number of recordkeeping provisions, and also amended the requirements
for fuel-users regarding fuel sulfur content records. Additionally, the
general reporting requirements for Title V sources that previously had
been stated in each permit were added to Env-A 900. New Hampshire
requested that all portions of the revised Env-A 900 be incorporated
into its SIP with the exception of certain provisions that are required
by 40 CFR Part 70 for Title V sources.
---------------------------------------------------------------------------
\2\ On September 26, 2012, New Hampshire withdrew its November
2003 submission.
---------------------------------------------------------------------------
At this time, we are not taking action on Env-A 912 (Alternative
Time Periods), nor on the provisions required relating to Title V
sources that New Hampshire requested not be incorporated into its SIP.
In today's action, we are approving New Hampshire's July 6, 2012
revised version of Env-A 900, with the exceptions of (1) the provisions
relating to 40 CFR Part 70 contained within Env-A 907 and Env-A 911,
and (2) the provisions of Env-A 912 (Alternative Time Periods).
IV. Final Action
EPA is approving SIP revisions submitted by the State of New
Hampshire. EPA is approving New Hampshire's January 28, 2008 RACT
certification and negative declarations as meeting RACT for the 1997 8-
hour standard. Additionally, we are approving the following portions of
New Hampshire's air pollution control requirements: Env-A 800, Testing
and Monitoring Procedures, with the exception of Env-A 807, Testing for
Opacity of Emissions; Env-A 900, Owner or Operator Recordkeeping and
Reporting Obligations, with the exceptions of certain provisions within
Env-A 907 and Env-A 911, and the entirety of Env-A 912; Env-A 1200,
Volatile Organic Compound RACT; and,
[[Page 66395]]
Env-A 1211, Nitrogen Oxide RACT. Additionally, we are approving
individual VOC RACT orders for the Concord Litho Group, Hitchiner
Manufacturing, Hutchinson Sealing Systems, Kalwall Corporation, Metal
Works Incorporated, Parker Hannifin Corporation, Polyonics, Sturm Ruger
& Company, Textile Tapes Corporation, TFX Medical, and Webster Valve
Incorporated. NOX RACT orders are being approved for
Anheuser Busch, Newington Energy, PSNH-Schiller Station, and Waste
Management of New Hampshire.
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 January
4, 2013 without further notice unless the Agency receives relevant
adverse comments by December 5, 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 January 4, 2013 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.
V. 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 January 4, 2013. 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, Carbon monoxide,
Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: October 19, 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--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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. Sec. 52.1520 is amended by:
0
a. In the table in paragraph (c), revising entries to existing state
citations for Env-A 800, Env-A 900, and Env-A 1200.
0
b. Adding 15 new entries to the end of the table in paragraph (d).
0
c. Adding one new entry to the end of the table in paragraph (e).
[[Page 66396]]
The revisions and additions read as follows.
Sec. 52.1520 Identification of plan.
* * * * *
(c) EPA approved regulations.
EPA Approved New Hampshire Regulations
----------------------------------------------------------------------------------------------------------------
State effective EPA approval date
State citation Title/subject date \1\ Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Env-A 800....................... Testing and 10/31/2002; 12/22/ 11/5/2012 [Insert Approved Sections
Monitoring 2004. Federal Register Env-A 801 through
Procedures. page number where 806, 808 and 809
the document of New
begins]. Hampshire's air
emission testing
and monitoring
requirements.
Env-A 900....................... Owner or Operator 04/21/2007........ 11/5/2012 [Insert Approved Env-A 900
Obligations. Federal Register through 906,
page number where 907.01(a) and
the document (b)(1) through
begins]. (b)(4), 907.02
and .03, 908
through 910, and
911.01 through
911.04.
* * * * * * *
Env-A 1200...................... Prevention, 10/31/2002; 12/22/ 11/5/2012 [Insert Approved Env-A
Abatement, and 2004; 02/26/2005. Federal Register 1200, containing
Control of page number where New Hampshire's
Stationary Source the document VOC and NOX RACT
Air Pollution. begins]. requirements.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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.
(d) EPA-approved State Source specific requirements.
EPA-Approved New Hampshire Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
Additional
Name of source Permit No. State effective EPA approval date explanations/Sec.
date \2\ 52.1535 citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Concord Litho Group............. ARD-07-003........ 9/17/2007......... 11/5/2012 [Insert Single source VOC
Federal Register RACT order for
page number where facility in
the document Concord, NH.
begins].
Hitchiner Manufacturing......... ARD-02-001........ 6/21/2002......... 11/5/2012 [Insert Single source VOC
Federal Register RACT order for
page number where facility in
the document Milford, NH.
begins].
Hutchinson Sealing Systems...... ARD-01-002........ 8/8/2002.......... 11/5/2012 [Insert Single source VOC
Federal Register RACT order for
page number where facility in
the document Newfields, NH.
begins].
Kalwall Corporation............. ARD-99-001........ 11/20/2011........ 11/5/2012 [Insert Single source VOC
Federal Register RACT order for
page number where facility in
the document Manchester, NH.
begins].
Metal Works..................... ARD-05-001........ 12/22/2004........ 11/5/2012 [Insert Single source VOC
Federal Register RACT order for
page number where facility in
the document Londonderry, NH.
begins].
Parker-Hanifan Corporation...... ARD-03-001........ 7/18/2002......... 11/5/2012 [Insert Single source VOC
Federal Register RACT order for
page number where facility in
the document Hudson, NH.
begins].
Polyonics....................... ARD-99-001........ 12/28/2007........ 11/5/2012 [Insert Single source VOC
Federal Register RACT order for
page number where facility in
the document Westmoreland, NH.
begins].
Sturm, Ruger & Company.......... ARD-03-001........ 12/1/2003......... 11/5/2012 [Insert Single source VOC
Federal Register RACT order for
page number where facility located
the document in Newport, NH.
begins].
[[Page 66397]]
Textile Tapes Corporation....... ARD-96-001........ 8/10/2007......... 11/5/2012 [Insert Single source VOC
Federal Register RACT order for
page number where facility in
the document Gonic, NH.
begins].
TFX Medical Incorporated........ ARD-07-002........ 8/7/2007.......... 11/5/2012 [Insert Single source VOC
Federal Register RACT order for
page number where facility in
the document Jaffrey, NH.
begins].
Webster Valve................... ARD-07-001........ 3/21/2007......... 11/5/2012 [Insert Single source VOC
Federal Register RACT order for
page number where facility in
the document Franklin, NH.
begins].
Anheuser Busch.................. ARD-05-001........ 5/9/2005.......... 11/5/2012 [Insert Single source NOX
Federal Register RACT order for
page number where facility in
the document Merrimack, NH.
begins].
Newington Energy, LLC........... ARD-04-001........ 6/20/2007......... 11/5/2012 [Insert Single source NOX
Federal Register RACT order for
page number where facility in
the document Newington, NH.
begins].
PSNH, Schiller Station.......... ARD-06-001........ 8/4/2006.......... 11/5/2012 [Insert Single source NOX
Federal Register RACT order for
page number where facility in
the document Portsmouth, NH.
begins].
Waste Management................ ARD-01-001........ 8/26/2002......... 11/5/2012 [Insert Single source NOX
Federal Register RACT order for
page number where facility in
the document Rochester, NH.
begins].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
\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 Non Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of non regulatory SIP geographic or date/ effective EPA approved date Explanation
provision nonattainment area date \ 3\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Certification for RACT for the Statewide......... 1/28/2008......... 11/5/2012 [Insert New Hampshire
1997 8-Hour Ozone Standard. Federal Register submitted
page number where documentation
the document that RACT
begins]. requirements were
in place for
sources of VOC
and NOX for
purposes of the
1997 8-hour ozone
standard.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
\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.
[[Page 66398]]
[FR Doc. 2012-26759 Filed 11-2-12; 8:45 am]
BILLING CODE 6560-50-P