Approval and Promulgation of Air Quality Implementation Plans; New Hampshire; Reasonably Available Control Technology for Nitrogen Oxides and Volatile Organic Compounds, 49458-49462 [2014-19516]
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49458
Federal Register / Vol. 79, No. 162 / Thursday, August 21, 2014 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2012–0848; A–1–FRL–
9913–00–Region 1]
Approval and Promulgation of Air
Quality Implementation Plans; New
Hampshire; Reasonably Available
Control Technology for Nitrogen
Oxides and Volatile Organic
Compounds
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of New
Hampshire. These revisions contain an
updated regulation establishing
reasonably available control technology
(RACT) for sources of nitrogen oxides
(NOX), four updated source-specific
orders for either volatile organic
compound (VOC) or NOX RACT, and a
request to withdraw from the SIP a
previously approved NOX RACT order.
The intended effect of this action is to
approve the updated NOX RACT
regulation and updated VOC and NOX
RACT orders into the New Hampshire
SIP, and to also approve New
Hampshire’s request to remove one NOX
RACT order from the SIP. This action is
being taken in accordance with the
Clean Air Act.
DATES: This direct final rule will be
effective October 20, 2014, unless EPA
receives adverse comments by
September 22, 2014. If adverse
comments are received, EPA will
publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R01–OAR–2012–0848 by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. E-Mail: arnold.anne@epa.gov.
3. Fax: (617) 918–0047.
4. Mail: ‘‘Docket Identification
Number EPA–R01–OAR–2012–0848,’’
Anne Arnold, U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 5
Post Office Square—Suite 100, (Mail
code OEP05–2), Boston, MA 02109–
3912.
5. Hand Delivery or Courier. Deliver
your comments to: Anne Arnold,
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SUMMARY:
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Manager, Air Quality Planning Unit,
Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, Office of
Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square—
Suite 100, (Mail code OEP05–2), 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 a.m. to 4:30 p.m., excluding legal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R01–OAR–2012–
0848. 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
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Protection, U.S. Environmental
Protection Agency, EPA New England
Regional Office, 5 Post Office Square—
Suite 100, Boston, MA. EPA requests
that if at all possible, you contact the
contact listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., 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; 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,
Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, 5 Post
Office Square—Suite 100, (Mail code
OEP05–2), Boston, MA 02109–3912;
phone 617–918–1046; fax: 617–918–
0046; email: mcconnell.robert@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
The following outline is provided to
aid in locating information in this
preamble.
I. Background and Purpose
II. Description of Submittals
1. Part Env-A 1300, NOX RACT
2. NOX RACT for Gorham Paper and Tissue
3. NOX RACT for Plymouth State College
4. VOC RACT for Concord Litho Group
5. VOC RACT for Sturm, Ruger & Company
6. VOC RACT for Textile Tapes
Corporation
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On March 31, 2011, the State of New
Hampshire submitted a formal request
for a revision to its State
Implementation Plan (SIP). The
requested SIP revision consists of
updates to and a renumbering of its
existing regulation establishing
reasonably available control technology
(RACT) for sources of nitrogen oxides
(NOX). Additionally, New Hampshire
submitted facility specific VOC or NOX
RACT orders for the following four
facilities on the dates noted: Concord
Litho Group, submitted December 31,
2013; Gorham Paper and Tissue, LLC,
submitted October 19, 2012; Sturm,
Ruger & Company, Inc., submitted
February 4, 2013; and Textile Tapes
Corporation, submitted November 16,
2012. Of final note, on December 16,
2013, New Hampshire submitted a
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request to withdraw a previously
approved NOX RACT order for
Plymouth State College from the SIP.
For background on the Clean Air Act
requirement for RACT and how it
relates to New Hampshire, see 77 FR
66388, November 5, 2012.
II. Description of Submittals
1. Part Env-A 1300, NOX RACT
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EPA has approved previous versions
of New Hampshire’s NOX RACT rule for
both the 1-hour ozone and 1997 8-hour
ozone standards into the New
Hampshire SIP. Our initial approval of
New Hampshire’s NOX RACT rule
occurred on April 9, 1997 (see 62 FR
17092), and we approved an update to
that rule in the Federal Register on
November 5, 2012 (see 77 FR 66388).
Today’s action approves the minor
updates described below, and also
incorporates a renumbering of this
regulation from Part Env-A 1211, as it
was formerly identified in our two
previous actions, to Chapter Env-A
1300. New Hampshire did not submit
Env-A 1300, NOX RACT, on March 31,
2011 to meet its RACT obligation under
the national ambient air quality
standard (NAAQS) for ozone revised by
EPA in 2008.
In relation to the renumbering, we
also note that on November 8, 2012 (see
77 FR 66921), we approved into the
New Hampshire SIP the State’s VOC
RACT rule, a portion of which, at the
time of our approval, was codified at
Part Env-A 1211 (the same codification
associated with our November 5, 2012
and earlier NOX RACT approvals). Our
approval of New Hampshire’s VOC
RACT regulation on November 8, 2012,
therefore had the inadvertent effect of
‘‘overwriting’’ New Hampshire’s NOX
RACT SIP regulations in the official
compilation of the SIP maintained by
EPA and the Office of the Federal
Register. In accordance with our error
correction authority under CAA section
110(k)(6), we are correcting the error
caused by our inadvertent ‘‘overwriting’’
of New Hampshire’s NOX RACT
regulations by revising the official
compilation of the New Hampshire SIP
to include Part Env-A 1300, NOX RACT.
Apart from the recodification and error
correction described above, the
substantive changes being made to New
Hampshire’s NOX RACT rule are
described below.
through implementation of that
requirement indicated that manual
adjustments to units equipped with
electronic timing were not feasible.
Additionally, most new engines were
equipped with electronic timing.
Therefore, New Hampshire has removed
the requirement for manual timing
adjustments for units equipped with
electronic timing, but retained the
requirement for units that are not
equipped with electronic timing.
b. Consolidation of Requirements for
Testing, Recordkeeping, and Recording
New Hampshire’s air pollution
control regulations include Part Env-A
800, Testing and Monitoring
Procedures, and Part Env-A 900, Owner
or Operator Recordkeeping and
Reporting Obligations. These rules have
been approved into the New Hampshire
SIP. See 77 FR 66388, November 5,
2012. New Hampshire’s updated NOX
RACT regulation clarifies and updates
the cross-referencing to these two rules.
c. Clarification of Use of Discrete
Emission Reductions for Compliance
Part Env-A 1315.03(a) was added to
clarify that sources subject to the state’s
NOX RACT rule could comply by the
purchase or generation of discrete
emission reduction credits pursuant to
Env-A 3100, Discrete Emission
Reduction Trading Program. However,
as noted within our approval of New
Hampshire’s RACT certification for the
1997 8-Hour ozone standard (77 FR
66388; November 5, 2012), Env-A 3100
has not been approved into the New
Hampshire SIP. Therefore, any order
issued by the New Hampshire DES that
provides for compliance with NOX
RACT by use of Env-A 3100 will need
to be approved into the New Hampshire
SIP.
a. Revision Applicable to Emission
Units Using Electronic Timing
d. Clarification of Procedures for
Issuance of a RACT Order
Part Env-A 1316, NOX RACT Orders,
was amended to clarify for the regulated
community the steps that must be taken
to request a NOX RACT order containing
a NOX RACT limit that differs from
those found within Env-A 1300. This
section was also expanded to describe
the actions that the New Hampshire
DES will take upon receipt of such a
request, including submitting the order
to EPA as a SIP revision, and the
maximum amount of time the state
agency will take to complete these
actions.
New Hampshire’s original regulation
had required all internal combustion
engines to undergo a manual timing
adjustment, but experience gained
e. Change to Wording of Applicability
Section
Part Env-A 1301.02, Applicability,
was amended by inserting language in
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certain subsections to clarify for the
regulated community the universe of
sources subject to NOX RACT. The
language in question, ‘‘and the
permitting applicability levels specified
in Env-A 607.01 are met,’’ was added to
Env-A 1301.02(b), for example. Env-A
1301.02(b) is the provision of New
Hampshire’s NOX RACT regulations
defining the universe of utility boilers
subject to NOX RACT. Env-A 607.01,
referenced in Env-A 1301.02(b), is the
section of New Hampshire’s statewide
permit regulations containing
preconstruction (or temporary) permit
requirements for new and modified
sources.1 In the ‘‘Response to
Comments’’ document included in the
March 31, 2011 SIP submittal, New
Hampshire DES explained that the new
language is intended only to indicate
that the permitting applicability levels
(i.e., source ‘‘sizes’’) contained in Env607.01 must also be met before NOX
RACT applies. Furthermore, New
Hampshire clarified that the new
language is not intended to suggest that
only new or modified emissions units
are subject to NOX RACT, i.e. that the
added language is consistent with a
requirement that existing sources are
also subject to NOX RACT under New
Hampshire’s regulation. EPA is
therefore approving the added language
because it is consistent with CAA
requirements for NOX RACT
applicability.
f. Cross Reference to Env-A 2000
On June 30, 2014, New Hampshire
submitted a letter requesting that a
phrase within Env-A 1311.03(a)(5) not
be incorporated into the SIP because it
cross-references a New Hampshire state
regulation, Env-A 2000, that is not a part
of the SIP. Therefore, as requested, we
are not approving the phrase ‘‘or any
opacity standard specified in Env-A
2000’’ in subparagraph Env-A
1311.03(a)(5).
2. NOX RACT for Gorham Paper and
Tissue
On October 19, 2012, New Hampshire
submitted NOX RACT Order No. ARD–
97–003 for the Gorham Paper and
Tissue facility located in Gorham, New
Hampshire, as a revision to the SIP. The
premises was formerly owned and
operated by the Crown Vantage
1 Note that Env-A 607.01 is the section of New
Hampshire’s state regulations containing the
permitting requirements in question, and that EnvA 607.01 is one subsection of Env-A 600, New
Hampshire’s Statewide Permit System regulations.
The permit requirements now codified in Env-A
607.01 under state law were approved earlier by
EPA into the New Hampshire SIP in a different
section of Part Env-A 600 (Statewide Permit
System).
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Company, and New Hampshire DES
originally issued RACT Order No. ARD–
97–003 on September 24, 1997. New
Hampshire DES submitted that original
order to EPA as a SIP revision request,
and we approved it into the New
Hampshire SIP on May 13, 1998. See 63
FR 26455. On May 13, 2011, Gorham
Paper and Tissue acquired ownership of
the facility, and on January 20, 2012,
submitted a NOX RACT Analysis and
RACT Order Application for a new
tissue dryer machine. On October 19,
2012, New Hampshire DES issued an
update of Order No. ARD–97–003 to the
facility, and submitted the order to EPA
as a SIP revision request on that same
day.
The updated order establishes NOX
RACT for the tissue drying machine,
requiring the installation and operation
of ultra low NOX burners, and an
emission limitation of 0.035 lbs/
mmBTU on a 24-hour calendar day
average. The order also requires that
initial and periodic stack tests be
conducted. Additionally, the updated
order adds a NOX RACT emission limit
of 0.25 lbs/mmBTU based on a 24-hour
calendar day average for Boilers 1 and
2 at the facility when these boilers
combust natural gas, and also provides
testing requirements for these units.
Lastly, a number of RACT requirements
applicable to equipment that has been
removed from the facility were deleted
from the RACT order. EPA is approving
this revised order because it is
consistent with CAA requirements for
NOX RACT and with New Hampshire’s
NOX RACT regulation.
3. NOX RACT for Plymouth State
College
On December 16, 2013, New
Hampshire DES submitted a request to
withdraw from the SIP a NOX RACT
order previously issued to Plymouth
State College. Prior to 2013, Plymouth
State routinely operated two electrical
generators to provide power to the
facility. During 2013, a decision was
made to purchase all of the College’s
electricity from the grid, and to keep the
two electrical generators as emergency
backup generators. While functioning as
a primary source of electricity for
Plymouth State, operation of the
generators was regulated by the
requirements of NOX RACT order ARD–
95–002, issued to Plymouth
Cogeneration Limited Partnership,
which was approved into the New
Hampshire SIP on April 9, 1997. See 62
FR 17087. As emergency generators, the
operation of these units are now
governed by New Hampshire regulation
Env-A 1311, Emergency Generators,
thus obviating the need for NOX RACT
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order ARD–95–002. Accordingly, New
Hampshire DES issued rescission of
Final RACT Order No. ARD–95–002,
dated December 16, 2013. EPA is
therefore approving New Hampshire’s
request to withdraw the facility’s NOX
RACT order from the SIP.
4. VOC RACT for Concord Litho Group
On December 31, 2013, New
Hampshire DES submitted an updated
VOC RACT order for the Concord Litho
Group located in Concord, New
Hampshire. The primary cause for
updating the order was to remove
specific set point temperatures for the
two regenerative thermal oxidizers used
by the facility to reduce VOC emissions.
In place of these defined set points, New
Hampshire has updated the order with
a requirement that the temperature set
points be determined by the most
recently approved stack test that
successfully demonstrated at least a
90% destruction efficiency. This update
was made in light of the facility’s
periodic stack testing requirement, and
the unique temperature set points that
these tests produce. EPA is approving
this revised order because it is
consistent with CAA requirements for
VOC RACT and with New Hampshire’s
Chapter Env-A 1200, VOC RACT
regulation.
5. VOC RACT for Sturm, Ruger &
Company
On February 4, 2013, New Hampshire
DES submitted an updated VOC RACT
order for the Sturm, Ruger & Company
facility located in Newport, New
Hampshire. Previously, EPA approved
VOC RACT Order No. ARD–03–001 into
the New Hampshire SIP within a final
rule published in the Federal Register
on November 15, 2012. See 77 FR
66388. The updated order contains VOC
limits for two new processes at the
facility, a stainless steel bluing line, and
a camouflage image transfer and coating
line.
The bluing line uses a rustproofing
fluid with a low vapor pressure referred
to as ‘‘Pen Dip Super.’’ This fluid has a
low vapor pressure which is less than
1.0 millimeter (mm) of mercury, and
New Hampshire DES indicates within
the updated Order that use of this low
vapor pressure fluid represents RACT
for this process. Regarding this vapor
pressure limit, as a point of reference
the Ozone Transport Commission’s
model rule for solvent cleaning uses this
threshold to distinguish between
acceptable (less than 1.0 mm mercury),
and unacceptable (1.0 mm mercury or
higher) vapor pressures for cold
cleaning solvents.
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The camouflage image transfer and
coating process uses a solvent based
activator-release agent to prepare the
camouflage image for transfer to a gun.
Use of the activator-release agent
produces approximately 0.05 lbs VOC
per gun produced. This amount was
significantly lower than other coatings
available for this process, which ranged
from 0.09 to 0.20 lbs VOC per gun
produced, and therefore New
Hampshire DES determined that use of
the activator-release agent represented
RACT for this process. EPA is approving
this revised order because it is
consistent with CAA requirements for
VOC RACT and with New Hampshire’s
VOC RACT regulation.
6. VOC RACT for Textile Tapes
Corporation
On November 16, 2012, New
Hampshire DES submitted an
amendment to a previously issued VOC
RACT order for the Textile Tapes
Corporation in Gonic, New Hampshire,
as a SIP revision request. EPA had
previously approved VOC RACT order
ARD–96–001 for this facility into the
New Hampshire SIP in a final rule
published in the Federal Register on
November 5, 2012. See 77 FR 66388.
The updated order contains VOC
destruction efficiency requirements,
minimum operating temperature
requirements, and testing requirements
for a new recuperative thermal oxidizer
that replaced an existing unit previously
used at the facility. EPA is approving
this revised order because it is
consistent with CAA requirements for
VOC RACT and with New Hampshire’s
VOC RACT regulation.
Summary
We have reviewed New Hampshire’s
revised NOX RACT regulation, the four
single-source RACT orders the State
requested be approved into the SIP, and
the NOX RACT order the State requested
be withdrawn from the SIP. We agree
with the State’s rationale for
determining that these actions are
consistent with CAA requirements and
with New Hampshire’s RACT
regulations, and we are therefore
approving each of New Hampshire’s
requested SIP revisions.
In summary, today’s action approves
minor clarifications and/or updates to
New Hampshire’s previously approved
NOX RACT regulations and to certain
VOC and NOX RACT orders. New
Hampshire will need to address VOC
and NOX RACT requirements arising
from the 2008 ozone NAAQS in a future
SIP submittal to EPA. As explained
earlier in this notice, today’s action
approving Env-A 1300, NOX RACT, into
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the New Hampshire SIP also corrects an
inadvertent error, which we are
correcting pursuant to CAA section
110(k)(6). As a final note, New
Hampshire’s re-numbered NOX RACT
rule is no less stringent than its
previously adopted rule, thus satisfying
the anti-backsliding requirements of
section 110(l) of the CAA.
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III. Final Action
EPA is approving and incorporating
into the New Hampshire SIP Env-A
1300, NOX RACT, as well as sourcespecific VOC and NOX RACT orders for
the following four facilities: Concord
Litho Group; Gorham Paper and Tissue,
LLC; Sturm, Ruger & Company, Inc.; and
Textile Tapes Corporation. We are also
approving New Hampshire’s request to
withdraw from the New Hampshire SIP
a previously approved NOX RACT order
for Plymouth Cogeneration Limited
Partnership.
The EPA is publishing this action
without prior proposal because the
Agency views this as a noncontroversial
amendment and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should relevant adverse comments be
filed. This rule will be effective October
20, 2014 without further notice unless
the Agency receives relevant adverse
comments by September 22, 2014.
If the EPA receives such comments,
then EPA will publish a notice
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period on
the proposed rule. All parties interested
in commenting on the proposed rule
should do so at this time. If no such
comments are received, the public is
advised that this rule will be effective
on October 20, 2014 and no further
action will be taken on the proposed
rule. Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
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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
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that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 20, 2014.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: July 29, 2014.
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.
E:\FR\FM\21AUR1.SGM
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49462
Federal Register / Vol. 79, No. 162 / Thursday, August 21, 2014 / Rules and Regulations
i. Removing the row with existing
state citation ‘‘Source specific NOX
RACT order for Plymouth Cogeneration
Ltd Partnership, Plymouth, NH,’’ and
■ ii. Adding new state citations for
Gorham Paper and Tissue, Concord
Litho Group, Sturm, Ruger & Company,
■
Subpart EE—New Hampshire
2. Section 52.1520 is amended by:
a. In Table (c) adding a new state
citation for Env-A 1300, NOX RACT in
numerical order; and
■ b. In Table (d), by:
■
■
and Textile Tapes Corporation at the
end of the table;
The amendments read as follows:
§ 52.1520
*
Identification of plan.
*
*
*
*
(c) EPA approved regulations.
EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State
citation
Title/
subject
*
Env-A 1300 ....................
*
*
NOX RACT ...................
*
*
State
effective date
10/31/2010
*
EPA
approval date 1
Explanations
*
*
08/21/2014 [Insert Federal Register citation].
*
*
All of Section Env-A 1300 is approved, with the
exception of the phrase ‘‘or any opacity
standard specified in Env-A 2000’’ in subparagraph Env-A 1311.03(a)(5) which NH
withdrew from its SIP submittal. State renumbered NOX RACT from Env-A 1211 to
Env-A 1300, and made several minor revisions to 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
State effective
date
Name of source
Permit No.
*
*
Gorham Paper and Tissue ...........
*
Order No. ARD–97–003 ..............
Concord Litho Group ....................
Order No. ARD–07–003A ...........
12/31/2013
Sturm, Ruger & Company ............
Order No. ARD–03–001 ..............
3/21/2012
Textile Tapes Corporation ............
Order No. ARD–96–001 ..............
11/16/2012
*
10/19/2012
EPA approval date 2
*
08/21/2014 [Insert
ister citation].
08/21/2014 [Insert
ister citation].
08/21/2014 [Insert
ister citation].
08/21/2014 [Insert
ister citation].
Explanations
*
Federal Reg-
*
NOX RACT order.
Federal Reg-
VOC RACT order.
Federal Reg-
VOC RACT order.
Federal Reg-
VOC RACT order.
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.
*
*
*
*
*
DEPARTMENT OF COMMERCE
[FR Doc. 2014–19516 Filed 8–20–14; 8:45 am]
National Oceanic and Atmospheric
Administration
BILLING CODE 6560–50–P
50 CFR Part 648
[Docket No. 140106011–4338–02]
tkelley on DSK3SPTVN1PROD with RULES
RIN 0648–XD441
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Trimester Closure for the
Common Pool Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; area closure.
AGENCY:
VerDate Mar<15>2010
18:53 Aug 20, 2014
Jkt 232001
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
This action closes the Georges
Bank cod Trimester Total Allowable
Catch Area for the remainder of
Trimester 1, through August 31, 2014.
Based on our projection, the common
pool fishery has caught over 90 percent
of its Georges Bank cod Trimester 1 total
allowable catch triggering the regulatory
requirement to close the area for the
remainder of the trimester. This action
is intended to prevent an overage of the
common pool’s annual quota of Georges
Bank cod.
DATES: This action is effective August
18, 2014, through August 31, 2014.
FOR FURTHER INFORMATION CONTACT:
Brett Alger, Fishery Management
Specialist, 978–675–2153.
SUPPLEMENTARY INFORMATION: Federal
regulations at § 648.82(n)(2)(ii) require
SUMMARY:
E:\FR\FM\21AUR1.SGM
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Agencies
[Federal Register Volume 79, Number 162 (Thursday, August 21, 2014)]
[Rules and Regulations]
[Pages 49458-49462]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19516]
[[Page 49458]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2012-0848; A-1-FRL-9913-00-Region 1]
Approval and Promulgation of Air Quality Implementation Plans;
New Hampshire; Reasonably Available Control Technology for Nitrogen
Oxides and Volatile Organic Compounds
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of New
Hampshire. These revisions contain an updated regulation establishing
reasonably available control technology (RACT) for sources of nitrogen
oxides (NOX), four updated source-specific orders for either
volatile organic compound (VOC) or NOX RACT, and a request
to withdraw from the SIP a previously approved NOX RACT
order. The intended effect of this action is to approve the updated
NOX RACT regulation and updated VOC and NOX RACT
orders into the New Hampshire SIP, and to also approve New Hampshire's
request to remove one NOX RACT order from the SIP. This
action is being taken in accordance with the Clean Air Act.
DATES: This direct final rule will be effective October 20, 2014,
unless EPA receives adverse comments by September 22, 2014. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2012-0848 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-Mail: arnold.anne@epa.gov.
3. Fax: (617) 918-0047.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2012-0848,''
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Quality Planning
Unit, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA
02109-3912.
5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post
Office Square--Suite 100, (Mail code OEP05-2), 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 a.m. to 4:30 p.m., excluding legal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2012-0848. 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--Suite 100, Boston, MA. EPA requests that if at all possible,
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
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; 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, Office of Ecosystem Protection, U.S. Environmental Protection
Agency, EPA New England Regional Office, 5 Post Office Square--Suite
100, (Mail code OEP05-2), Boston, MA 02109-3912; phone 617-918-1046;
fax: 617-918-0046; email: mcconnell.robert@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
The following outline is provided to aid in locating information in
this preamble.
I. Background and Purpose
II. Description of Submittals
1. Part Env-A 1300, NOX RACT
2. NOX RACT for Gorham Paper and Tissue
3. NOX RACT for Plymouth State College
4. VOC RACT for Concord Litho Group
5. VOC RACT for Sturm, Ruger & Company
6. VOC RACT for Textile Tapes Corporation
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On March 31, 2011, the State of New Hampshire submitted a formal
request for a revision to its State Implementation Plan (SIP). The
requested SIP revision consists of updates to and a renumbering of its
existing regulation establishing reasonably available control
technology (RACT) for sources of nitrogen oxides (NOX).
Additionally, New Hampshire submitted facility specific VOC or
NOX RACT orders for the following four facilities on the
dates noted: Concord Litho Group, submitted December 31, 2013; Gorham
Paper and Tissue, LLC, submitted October 19, 2012; Sturm, Ruger &
Company, Inc., submitted February 4, 2013; and Textile Tapes
Corporation, submitted November 16, 2012. Of final note, on December
16, 2013, New Hampshire submitted a
[[Page 49459]]
request to withdraw a previously approved NOX RACT order for
Plymouth State College from the SIP. For background on the Clean Air
Act requirement for RACT and how it relates to New Hampshire, see 77 FR
66388, November 5, 2012.
II. Description of Submittals
1. Part Env-A 1300, NOX RACT
EPA has approved previous versions of New Hampshire's
NOX RACT rule for both the 1-hour ozone and 1997 8-hour
ozone standards into the New Hampshire SIP. Our initial approval of New
Hampshire's NOX RACT rule occurred on April 9, 1997 (see 62
FR 17092), and we approved an update to that rule in the Federal
Register on November 5, 2012 (see 77 FR 66388). Today's action approves
the minor updates described below, and also incorporates a renumbering
of this regulation from Part Env-A 1211, as it was formerly identified
in our two previous actions, to Chapter Env-A 1300. New Hampshire did
not submit Env-A 1300, NOX RACT, on March 31, 2011 to meet
its RACT obligation under the national ambient air quality standard
(NAAQS) for ozone revised by EPA in 2008.
In relation to the renumbering, we also note that on November 8,
2012 (see 77 FR 66921), we approved into the New Hampshire SIP the
State's VOC RACT rule, a portion of which, at the time of our approval,
was codified at Part Env-A 1211 (the same codification associated with
our November 5, 2012 and earlier NOX RACT approvals). Our
approval of New Hampshire's VOC RACT regulation on November 8, 2012,
therefore had the inadvertent effect of ``overwriting'' New Hampshire's
NOX RACT SIP regulations in the official compilation of the
SIP maintained by EPA and the Office of the Federal Register. In
accordance with our error correction authority under CAA section
110(k)(6), we are correcting the error caused by our inadvertent
``overwriting'' of New Hampshire's NOX RACT regulations by
revising the official compilation of the New Hampshire SIP to include
Part Env-A 1300, NOX RACT. Apart from the recodification and
error correction described above, the substantive changes being made to
New Hampshire's NOX RACT rule are described below.
a. Revision Applicable to Emission Units Using Electronic Timing
New Hampshire's original regulation had required all internal
combustion engines to undergo a manual timing adjustment, but
experience gained through implementation of that requirement indicated
that manual adjustments to units equipped with electronic timing were
not feasible. Additionally, most new engines were equipped with
electronic timing. Therefore, New Hampshire has removed the requirement
for manual timing adjustments for units equipped with electronic
timing, but retained the requirement for units that are not equipped
with electronic timing.
b. Consolidation of Requirements for Testing, Recordkeeping, and
Recording
New Hampshire's air pollution control regulations include Part Env-
A 800, Testing and Monitoring Procedures, and Part Env-A 900, Owner or
Operator Recordkeeping and Reporting Obligations. These rules have been
approved into the New Hampshire SIP. See 77 FR 66388, November 5, 2012.
New Hampshire's updated NOX RACT regulation clarifies and
updates the cross-referencing to these two rules.
c. Clarification of Use of Discrete Emission Reductions for Compliance
Part Env-A 1315.03(a) was added to clarify that sources subject to
the state's NOX RACT rule could comply by the purchase or
generation of discrete emission reduction credits pursuant to Env-A
3100, Discrete Emission Reduction Trading Program. However, as noted
within our approval of New Hampshire's RACT certification for the 1997
8-Hour ozone standard (77 FR 66388; November 5, 2012), Env-A 3100 has
not been approved into the New Hampshire SIP. Therefore, any order
issued by the New Hampshire DES that provides for compliance with
NOX RACT by use of Env-A 3100 will need to be approved into
the New Hampshire SIP.
d. Clarification of Procedures for Issuance of a RACT Order
Part Env-A 1316, NOX RACT Orders, was amended to clarify
for the regulated community the steps that must be taken to request a
NOX RACT order containing a NOX RACT limit that
differs from those found within Env-A 1300. This section was also
expanded to describe the actions that the New Hampshire DES will take
upon receipt of such a request, including submitting the order to EPA
as a SIP revision, and the maximum amount of time the state agency will
take to complete these actions.
e. Change to Wording of Applicability Section
Part Env-A 1301.02, Applicability, was amended by inserting
language in certain subsections to clarify for the regulated community
the universe of sources subject to NOX RACT. The language in
question, ``and the permitting applicability levels specified in Env-A
607.01 are met,'' was added to Env-A 1301.02(b), for example. Env-A
1301.02(b) is the provision of New Hampshire's NOX RACT
regulations defining the universe of utility boilers subject to
NOX RACT. Env-A 607.01, referenced in Env-A 1301.02(b), is
the section of New Hampshire's statewide permit regulations containing
preconstruction (or temporary) permit requirements for new and modified
sources.\1\ In the ``Response to Comments'' document included in the
March 31, 2011 SIP submittal, New Hampshire DES explained that the new
language is intended only to indicate that the permitting applicability
levels (i.e., source ``sizes'') contained in Env-607.01 must also be
met before NOX RACT applies. Furthermore, New Hampshire
clarified that the new language is not intended to suggest that only
new or modified emissions units are subject to NOX RACT,
i.e. that the added language is consistent with a requirement that
existing sources are also subject to NOX RACT under New
Hampshire's regulation. EPA is therefore approving the added language
because it is consistent with CAA requirements for NOX RACT
applicability.
---------------------------------------------------------------------------
\1\ Note that Env-A 607.01 is the section of New Hampshire's
state regulations containing the permitting requirements in
question, and that Env-A 607.01 is one subsection of Env-A 600, New
Hampshire's Statewide Permit System regulations. The permit
requirements now codified in Env-A 607.01 under state law were
approved earlier by EPA into the New Hampshire SIP in a different
section of Part Env-A 600 (Statewide Permit System).
---------------------------------------------------------------------------
f. Cross Reference to Env-A 2000
On June 30, 2014, New Hampshire submitted a letter requesting that
a phrase within Env-A 1311.03(a)(5) not be incorporated into the SIP
because it cross-references a New Hampshire state regulation, Env-A
2000, that is not a part of the SIP. Therefore, as requested, we are
not approving the phrase ``or any opacity standard specified in Env-A
2000'' in subparagraph Env-A 1311.03(a)(5).
2. NOX RACT for Gorham Paper and Tissue
On October 19, 2012, New Hampshire submitted NOX RACT
Order No. ARD-97-003 for the Gorham Paper and Tissue facility located
in Gorham, New Hampshire, as a revision to the SIP. The premises was
formerly owned and operated by the Crown Vantage
[[Page 49460]]
Company, and New Hampshire DES originally issued RACT Order No. ARD-97-
003 on September 24, 1997. New Hampshire DES submitted that original
order to EPA as a SIP revision request, and we approved it into the New
Hampshire SIP on May 13, 1998. See 63 FR 26455. On May 13, 2011, Gorham
Paper and Tissue acquired ownership of the facility, and on January 20,
2012, submitted a NOX RACT Analysis and RACT Order
Application for a new tissue dryer machine. On October 19, 2012, New
Hampshire DES issued an update of Order No. ARD-97-003 to the facility,
and submitted the order to EPA as a SIP revision request on that same
day.
The updated order establishes NOX RACT for the tissue
drying machine, requiring the installation and operation of ultra low
NOX burners, and an emission limitation of 0.035 lbs/mmBTU
on a 24-hour calendar day average. The order also requires that initial
and periodic stack tests be conducted. Additionally, the updated order
adds a NOX RACT emission limit of 0.25 lbs/mmBTU based on a
24-hour calendar day average for Boilers 1 and 2 at the facility when
these boilers combust natural gas, and also provides testing
requirements for these units. Lastly, a number of RACT requirements
applicable to equipment that has been removed from the facility were
deleted from the RACT order. EPA is approving this revised order
because it is consistent with CAA requirements for NOX RACT
and with New Hampshire's NOX RACT regulation.
3. NOX RACT for Plymouth State College
On December 16, 2013, New Hampshire DES submitted a request to
withdraw from the SIP a NOX RACT order previously issued to
Plymouth State College. Prior to 2013, Plymouth State routinely
operated two electrical generators to provide power to the facility.
During 2013, a decision was made to purchase all of the College's
electricity from the grid, and to keep the two electrical generators as
emergency backup generators. While functioning as a primary source of
electricity for Plymouth State, operation of the generators was
regulated by the requirements of NOX RACT order ARD-95-002,
issued to Plymouth Cogeneration Limited Partnership, which was approved
into the New Hampshire SIP on April 9, 1997. See 62 FR 17087. As
emergency generators, the operation of these units are now governed by
New Hampshire regulation Env-A 1311, Emergency Generators, thus
obviating the need for NOX RACT order ARD-95-002.
Accordingly, New Hampshire DES issued rescission of Final RACT Order
No. ARD-95-002, dated December 16, 2013. EPA is therefore approving New
Hampshire's request to withdraw the facility's NOX RACT
order from the SIP.
4. VOC RACT for Concord Litho Group
On December 31, 2013, New Hampshire DES submitted an updated VOC
RACT order for the Concord Litho Group located in Concord, New
Hampshire. The primary cause for updating the order was to remove
specific set point temperatures for the two regenerative thermal
oxidizers used by the facility to reduce VOC emissions. In place of
these defined set points, New Hampshire has updated the order with a
requirement that the temperature set points be determined by the most
recently approved stack test that successfully demonstrated at least a
90% destruction efficiency. This update was made in light of the
facility's periodic stack testing requirement, and the unique
temperature set points that these tests produce. EPA is approving this
revised order because it is consistent with CAA requirements for VOC
RACT and with New Hampshire's Chapter Env-A 1200, VOC RACT regulation.
5. VOC RACT for Sturm, Ruger & Company
On February 4, 2013, New Hampshire DES submitted an updated VOC
RACT order for the Sturm, Ruger & Company facility located in Newport,
New Hampshire. Previously, EPA approved VOC RACT Order No. ARD-03-001
into the New Hampshire SIP within a final rule published in the Federal
Register on November 15, 2012. See 77 FR 66388. The updated order
contains VOC limits for two new processes at the facility, a stainless
steel bluing line, and a camouflage image transfer and coating line.
The bluing line uses a rustproofing fluid with a low vapor pressure
referred to as ``Pen Dip Super.'' This fluid has a low vapor pressure
which is less than 1.0 millimeter (mm) of mercury, and New Hampshire
DES indicates within the updated Order that use of this low vapor
pressure fluid represents RACT for this process. Regarding this vapor
pressure limit, as a point of reference the Ozone Transport
Commission's model rule for solvent cleaning uses this threshold to
distinguish between acceptable (less than 1.0 mm mercury), and
unacceptable (1.0 mm mercury or higher) vapor pressures for cold
cleaning solvents.
The camouflage image transfer and coating process uses a solvent
based activator-release agent to prepare the camouflage image for
transfer to a gun. Use of the activator-release agent produces
approximately 0.05 lbs VOC per gun produced. This amount was
significantly lower than other coatings available for this process,
which ranged from 0.09 to 0.20 lbs VOC per gun produced, and therefore
New Hampshire DES determined that use of the activator-release agent
represented RACT for this process. EPA is approving this revised order
because it is consistent with CAA requirements for VOC RACT and with
New Hampshire's VOC RACT regulation.
6. VOC RACT for Textile Tapes Corporation
On November 16, 2012, New Hampshire DES submitted an amendment to a
previously issued VOC RACT order for the Textile Tapes Corporation in
Gonic, New Hampshire, as a SIP revision request. EPA had previously
approved VOC RACT order ARD-96-001 for this facility into the New
Hampshire SIP in a final rule published in the Federal Register on
November 5, 2012. See 77 FR 66388. The updated order contains VOC
destruction efficiency requirements, minimum operating temperature
requirements, and testing requirements for a new recuperative thermal
oxidizer that replaced an existing unit previously used at the
facility. EPA is approving this revised order because it is consistent
with CAA requirements for VOC RACT and with New Hampshire's VOC RACT
regulation.
Summary
We have reviewed New Hampshire's revised NOX RACT
regulation, the four single-source RACT orders the State requested be
approved into the SIP, and the NOX RACT order the State
requested be withdrawn from the SIP. We agree with the State's
rationale for determining that these actions are consistent with CAA
requirements and with New Hampshire's RACT regulations, and we are
therefore approving each of New Hampshire's requested SIP revisions.
In summary, today's action approves minor clarifications and/or
updates to New Hampshire's previously approved NOX RACT
regulations and to certain VOC and NOX RACT orders. New
Hampshire will need to address VOC and NOX RACT requirements
arising from the 2008 ozone NAAQS in a future SIP submittal to EPA. As
explained earlier in this notice, today's action approving Env-A 1300,
NOX RACT, into
[[Page 49461]]
the New Hampshire SIP also corrects an inadvertent error, which we are
correcting pursuant to CAA section 110(k)(6). As a final note, New
Hampshire's re-numbered NOX RACT rule is no less stringent
than its previously adopted rule, thus satisfying the anti-backsliding
requirements of section 110(l) of the CAA.
III. Final Action
EPA is approving and incorporating into the New Hampshire SIP Env-A
1300, NOX RACT, as well as source-specific VOC and
NOX RACT orders for the following four facilities: Concord
Litho Group; Gorham Paper and Tissue, LLC; Sturm, Ruger & Company,
Inc.; and Textile Tapes Corporation. We are also approving New
Hampshire's request to withdraw from the New Hampshire SIP a previously
approved NOX RACT order for Plymouth Cogeneration Limited
Partnership.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective October
20, 2014 without further notice unless the Agency receives relevant
adverse comments by September 22, 2014.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on October 20, 2014 and no further action will
be taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 20, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: July 29, 2014.
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.
[[Page 49462]]
Subpart EE--New Hampshire
0
2. Section 52.1520 is amended by:
0
a. In Table (c) adding a new state citation for Env-A 1300,
NOX RACT in numerical order; and
0
b. In Table (d), by:
0
i. Removing the row with existing state citation ``Source specific
NOX RACT order for Plymouth Cogeneration Ltd Partnership,
Plymouth, NH,'' and
0
ii. Adding new state citations for Gorham Paper and Tissue, Concord
Litho Group, Sturm, Ruger & Company, and Textile Tapes Corporation at
the end of the table;
The amendments read as follows:
Sec. 52.1520 Identification of plan.
* * * * *
(c) EPA approved regulations.
EPA-Approved New Hampshire Regulations
----------------------------------------------------------------------------------------------------------------
State EPA approval date
State citation Title/ subject effective date \1\ Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Env-A 1300..................... NOX RACT.......... 10/31/2010 08/21/2014 [Insert All of Section Env-A
Federal Register 1300 is approved, with
citation]. the exception of the
phrase ``or any
opacity standard
specified in Env-A
2000'' in subparagraph
Env-A 1311.03(a)(5)
which NH withdrew from
its SIP submittal.
State re-numbered NOX
RACT from Env-A 1211
to Env-A 1300, and
made several minor
revisions to 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
----------------------------------------------------------------------------------------------------------------
State EPA approval date
Name of source Permit No. effective date \2\ Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Gorham Paper and Tissue....... Order No. ARD-97- 10/19/2012 08/21/2014 NOX RACT order.
003. [Insert Federal
Register
citation].
Concord Litho Group........... Order No. ARD-07- 12/31/2013 08/21/2014 VOC RACT order.
003A. [Insert Federal
Register
citation].
Sturm, Ruger & Company........ Order No. ARD-03- 3/21/2012 08/21/2014 VOC RACT order.
001. [Insert Federal
Register
citation].
Textile Tapes Corporation..... Order No. ARD-96- 11/16/2012 08/21/2014 VOC RACT order.
001. [Insert Federal
Register
citation].
----------------------------------------------------------------------------------------------------------------
\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.
* * * * *
[FR Doc. 2014-19516 Filed 8-20-14; 8:45 am]
BILLING CODE 6560-50-P