Air Plan Approval; NH; Approval of Recordkeeping and Reporting Requirements and Single Source Order, 52664-52667 [2017-24540]
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Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations
EPA-APPROVED RHODE ISLAND REGULATIONS—Continued
State citation
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date
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EPA approval date
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Explanations
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RHODE ISLAND NON REGULATORY
Name of non regulatory
SIP provision
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I/M SIP Narrative ...........
Applicable geographic
or nonattainment area
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Statewide ..................... Submitted 2/
17/2017.
[FR Doc. 2017–24541 Filed 11–13–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2017–0266; FRL–9970–64–
Region 1]
Air Plan Approval; NH; Approval of
Recordkeeping and Reporting
Requirements and Single Source Order
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of New
Hampshire. The revisions establish
recordkeeping and reporting obligations
for sources of air pollution.
Additionally, we are approving an order
limiting emissions of volatile organic
compounds from a facility in the State.
This action is being taken in accordance
with the Clean Air Act.
DATES: This direct final rule is effective
January 16, 2018, unless EPA receives
adverse comments by December 14,
2017. 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 No. EPA–R01–
OAR–2017–0266 at https://
www.regulations.gov, or via email to
mcconnell.robert@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
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SUMMARY:
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State submittal
date/effective
date
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EPA approved date
Explanations
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11/14/2017, [insert
Federal Register citation].
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Narrative describing how the Rhode Island I/M
program meets the requirements in the federal I/M rule.
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the Web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Bob
McConnell, Environmental Engineer,
Air Quality Planning Unit, Air Programs
Branch (Mail Code OEP05–02), U.S.
Environmental Protection Agency,
Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts 02109–3912;
(617) 918–1046; mcconnell.robert@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background and Purpose
II. Description and Evaluation of State’s
Submittals
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a. Env-A 900: Owner or Operator
Recordkeeping and Reporting
Obligations
b. VOC Order for Sturm Ruger & Company
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On February 10, 2017, NH DES
submitted a single source order limiting
emissions of volatile organic
compounds (VOCs) from Sturm Ruger &
Company as a SIP revision request. On
May 11, 2017, NH DES submitted a state
regulation identified as Env-A 900,
Owner or Operator Recordkeeping and
Reporting Obligations, as a SIP revision
request. A description of these
submittals and our evaluation of them
appears below in Section II of this
preamble. Please note that if EPA
receives adverse comment on an
amendment, paragraph, or section of
these rules or on the VOC Order, and if
that provision may be severed from the
remainder of the rule or Order, EPA may
adopt as final those provisions of the
rule or Order that are not the subject of
an adverse comment.
II. Description and Evaluation of State’s
Submittals
a. Env-A 900: Owner or Operator
Recordkeeping and Reporting
Obligations.
On May 11, 2017, NH DES submitted
a state regulation identified as Env-A
900, Owner or Operator Recordkeeping
and Reporting Obligations, as a SIP
revision request. New Hampshire
provided additional material supporting
this request to EPA by letter dated
September 14, 2017. EPA previously
approved a prior version of Env-A 900
within a direct final rule published on
November 5, 2012. 77 FR 66388. Since
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Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations
then, the following changes have been
made to Env-A 900.
New Hampshire amended Env-A
907.01 by including specific language
outlining the types of general
information that should be reported,
such as facility name, physical location,
mailing address, and operating time
covered by the report. The State also
added a requirement that the source
indicate whether the report is a revision
to a previously submitted report.
New Hampshire revised sections EnvA 907.02 and .03 in a number of ways
affecting non-SIP pollutants, such as
hazardous air pollutants and carbon
dioxide, and so only portions of the
revisions are being incorporated into the
New Hampshire SIP. New Hampshire
clarified which portions of Env-A 900
are to be made part of the SIP within
their September 14, 2017
correspondence to EPA. Of relevance to
criteria pollutant reporting which is
subject to SIP approval, within revised
Env-A 907.02, the State clarified the
definition of ‘‘emissions unit,’’ and also
provided clarification of which sources
are subject to the annual reporting
requirement, and which sources are
exempt. The State also specifies which
pollutant emissions must be reported,
and lists what information must be
reported. The provisions of revised EnvA 907.03 now address annual
compliance certifications for Title V
permittees, which is not required to be
part of the SIP and was therefore
withdrawn by New Hampshire’s
September 14, 2017 letter mentioned
above.
New Hampshire made a minor
revision to Env-A 907.04 which
identifies recordkeeping requirements
for unclassifiable processes, and made a
minor change to the form required for
reporting by certain coating and printing
facilities.
We have reviewed New Hampshire’s
changes to Env-A 900, Owner or
Operator Recordkeeping and Reporting
Obligations, and determined that they
are acceptable. Additionally, the
updated rule meets the anti-backsliding
requirements of section 110(l) of the
CAA in that it will not interfere with
any applicable requirement concerning
attainment and reasonable further
progress, or with any other applicable
requirement of the CAA. The regulation
we are approving is not less stringent
that the version of the rule we
previously approved. Therefore, we are
approving the updated Env-A 900
regulation, with the exception of the
portions that were withdrawn, into the
New Hampshire SIP.
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b. VOC Order for Sturm Ruger &
Company
On February 10, 2017, New
Hampshire submitted a revised order
establishing reasonably available control
technology (RACT) for control of VOCs
for Sturm Ruger & Company located in
Newport, NH. EPA most recently
approved a previous version of RACT
for this facility on August 21, 2014. 79
FR 49458. Subsequently, the company
added 13 dewaxing pre-heat kilns, the
exhaust from which is controlled by
afterburners that achieve a minimum of
99% destruction of VOCs. The revised
order provides operational requirements
for the afterburners, including a
required minimum operating
temperature, a calibration schedule for
the thermocouple and temperature
controller on the afterburners, and
recordkeeping requirements.
Other changes made to the order
reflect recent changes made to New
Hampshire’s VOC regulations. For
example, the emission rate for
rustproofing operations provided in
section 3.b of the order was lowered
from 3.5 to 2.8 lbs VOC/gallon of
coating in accordance with Env-A
1212.04(a). Additionally, the limits for
camouflage coatings in section 3.d of the
order were also lowered. Our review of
the updated order indicates that the
proposed changes are acceptable.
Additionally, the updated order meets
the requirements of section 110(l) of the
CAA in that it will not interfere with
any applicable requirement concerning
attainment and reasonable further
progress, or with any other applicable
requirement of the CAA. Therefore, we
are approving the updated order into the
New Hampshire SIP.
III. Final Action
EPA is approving portions of New
Hampshire’s revised regulation Env-A
900, Owner or Operator Recordkeeping
and Reporting Obligations, and RACT
Order ARD–03–001 issued to Sturm
Ruger & Company, as revisions to the
New Hampshire SIP.
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
16, 2018 without further notice unless
the Agency receives relevant adverse
comments by December 14, 2017.
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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 16, 2018 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. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference portions of
New Hampshire regulation Env-A 900,
Owner or Operator Recordkeeping and
Reporting Obligations, and RACT Order
ARD–03–001, which are described in
the amendments to 40 CFR part 52 set
forth below. The EPA has made, and
will continue to make, these materials
generally available through
www.regulations.gov, and/or at the EPA
Region 1 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully Federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.
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
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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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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 16, 2018.
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, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: October 26, 2017.
Deborah A. Szaro,
Acting 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. In § 52.1520:
a. In paragraph (c), amend the table by
revising the entry ‘‘Env-A 900’’: And
■ b. In paragraph (d), amend the table
by:
■ i. Removing two entries ‘‘Sturm,
Ruger & Company, ARD–03–001’’ and
‘‘Sturm, Ruger & Company, Order No.
ARD–03–001’’; and
■ ii. Adding an entry to the end of the
table entitled ‘‘Sturm Ruger &
Company’’.
The revision and addition read as
follows:
■
■
§ 52.1520
*
Identification of plan.
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(c) * * *
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EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State
effective
date
Title/subject
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Env-A 900 .....................
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State citation
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Owner or Operator Obligations.
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7/18/2015
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EPA approval
date 1
Explanations
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11/14/2017,[Insert Federal Register citation].
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The following sections withdrawn by state and
not part of approved SIP: Env-A 907.01(d)
and (e); 907.02(a)(1), (d)(1) a. and c., (2),
and (e); 907.03; 911.04(b) and (c); 911.05.
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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.
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(d) EPA-approved State Source
specific requirements.
EPA-APPROVED NEW HAMPSHIRE SOURCE SPECIFIC REQUIREMENTS
Name of source
State
effective
date
Permit No.
*
Sturm Ruger & Company.
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ARD–03–001 ................
2/2/2017
Additional
explanations/§ 52.1535
citation
EPA approval
date 2
*
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11/14/17, [Insert Federal Register citation].
*
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.
*
*
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Boulevard, Lenexa, Kansas 66219 at
913–551–7039, or by email at
Hamilton.heather@epa.gov.
*
[FR Doc. 2017–24540 Filed 11–13–17; 8:45 am]
BILLING CODE 6560–50–P
Due to
adverse comments, EPA is withdrawing
the direct final rule to approve revisions
to the Iowa State Implementation Plan
(SIP), the 111(d) plan, and the Operating
Permits Program. In the direct final rule
published on September 15, 2017, (82
FR 43303), we stated that if we received
adverse comment by October 16, 2017,
the rule would be withdrawn and not
take effect. EPA received adverse
comments. EPA will address the
comments in a subsequent final action
based upon the proposed action also
published on September 15, 2017 (82 FR
43315). EPA will not institute a second
comment period on this action.
SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52, 62, and 70
[EPA–R07–OAR–2017–0470; FRL–9970–85–
Region 7]
State of Iowa; Approval and
Promulgation of the State
Implementation Plan, the Operating
Permits Program, and the 111(d) Plan;
Withdrawal
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
Due to adverse comments, the
Environmental Protection Agency (EPA)
is withdrawing the direct final rule for
‘‘State of Iowa; Approval and
Promulgation of the State
Implementation Plan, the 111(d) Plan,
and the Operating Permits Program,’’
published in the Federal Register on
September 15, 2017. Iowa’s SIP revision
included administrative changes,
corrections to technical errors, revisions
to titles and explanations of the scope
of rules. The revision also rescinded
outdated or no longer required rules for
general conformity and emissions
inventory relating to the Clean Air
Interstate Rule (CAIR) which has been
rescinded by EPA. Finally, the revision
updated state rules by incorporating by
reference more recent Code of Federal
Regulation dates to ensure consistency
between the state and Federallyapproved rules.
DATES: The direct final rule published at
82 FR 43303, September 15, 2017, is
withdrawn effective November 14, 2017.
FOR FURTHER INFORMATION CONTACT:
Heather Hamilton Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
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SUMMARY:
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List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
40 CFR Part 62
Environmental protection, Air
pollution control, Administrative
practice and procedure, Reporting and
recordkeeping requirements.
40 CFR Part 70
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Operating permits, Reporting
and recordkeeping requirements.
Dated: November 3, 2017.
James B. Gulliford,
Regional Administrator, Region 7.
Accordingly, the direct final rule
published at 82 FR 43303, September
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15, 2017, is withdrawn effective
November 14, 2017.
[FR Doc. 2017–24635 Filed 11–13–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 61
[EPA–R01–OAR–2017–0439; FRL–9970–60–
Region 1]
Notification of Partial Voluntary
Withdrawal of Delegation of Authority;
Connecticut; National Emission
Standards for Hazardous Air Pollutants
for Asbestos
Environmental Protection
Agency (EPA).
ACTION: Notification of partial
withdrawal of delegation of asbestos
program.
AGENCY:
This document notifies
affected sources and other interested
parties that the Connecticut Department
of Energy and Environmental Protection
(CT DEEP) has voluntarily and partially
withdrawn from the delegation of
authority to implement and enforce the
federal asbestos program provisions at
40 CFR part 61, subpart M. The
withdrawal action only applies to
sources that are not subject to CT
DEEP’s title V operating permit
program, or that are subject to the title
V operating permit program but have
not yet received a title V operating
permit from CT DEEP. CT DEEP will
continue to implement and enforce 40
CFR part 61, subpart M for all sources
that have already obtained a title V
operating permit, or that obtain such a
permit after the effective date of this
action.
DATES: This delegation withdrawal is
effective on December 14, 2017.
ADDRESSES: The EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
SUMMARY:
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]]>Agencies
[Federal Register Volume 82, Number 218 (Tuesday, November 14, 2017)]
[Rules and Regulations]
[Pages 52664-52667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24540]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2017-0266; FRL-9970-64-Region 1]
Air Plan Approval; NH; Approval of Recordkeeping and Reporting
Requirements and Single Source Order
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of New
Hampshire. The revisions establish recordkeeping and reporting
obligations for sources of air pollution. Additionally, we are
approving an order limiting emissions of volatile organic compounds
from a facility in the State. This action is being taken in accordance
with the Clean Air Act.
DATES: This direct final rule is effective January 16, 2018, unless EPA
receives adverse comments by December 14, 2017. 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 No. EPA-R01-
OAR-2017-0266 at https://www.regulations.gov, or via email to
mcconnell.robert@epa.gov. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the Web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Bob McConnell, Environmental Engineer,
Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02),
U.S. Environmental Protection Agency, Region 1, 5 Post Office Square,
Suite 100, Boston, Massachusetts 02109-3912; (617) 918-1046;
mcconnell.robert@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Description and Evaluation of State's Submittals
a. Env-A 900: Owner or Operator Recordkeeping and Reporting
Obligations
b. VOC Order for Sturm Ruger & Company
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On February 10, 2017, NH DES submitted a single source order
limiting emissions of volatile organic compounds (VOCs) from Sturm
Ruger & Company as a SIP revision request. On May 11, 2017, NH DES
submitted a state regulation identified as Env-A 900, Owner or Operator
Recordkeeping and Reporting Obligations, as a SIP revision request. A
description of these submittals and our evaluation of them appears
below in Section II of this preamble. Please note that if EPA receives
adverse comment on an amendment, paragraph, or section of these rules
or on the VOC Order, and if that provision may be severed from the
remainder of the rule or Order, EPA may adopt as final those provisions
of the rule or Order that are not the subject of an adverse comment.
II. Description and Evaluation of State's Submittals
a. Env-A 900: Owner or Operator Recordkeeping and Reporting
Obligations.
On May 11, 2017, NH DES submitted a state regulation identified as
Env-A 900, Owner or Operator Recordkeeping and Reporting Obligations,
as a SIP revision request. New Hampshire provided additional material
supporting this request to EPA by letter dated September 14, 2017. EPA
previously approved a prior version of Env-A 900 within a direct final
rule published on November 5, 2012. 77 FR 66388. Since
[[Page 52665]]
then, the following changes have been made to Env-A 900.
New Hampshire amended Env-A 907.01 by including specific language
outlining the types of general information that should be reported,
such as facility name, physical location, mailing address, and
operating time covered by the report. The State also added a
requirement that the source indicate whether the report is a revision
to a previously submitted report.
New Hampshire revised sections Env-A 907.02 and .03 in a number of
ways affecting non-SIP pollutants, such as hazardous air pollutants and
carbon dioxide, and so only portions of the revisions are being
incorporated into the New Hampshire SIP. New Hampshire clarified which
portions of Env-A 900 are to be made part of the SIP within their
September 14, 2017 correspondence to EPA. Of relevance to criteria
pollutant reporting which is subject to SIP approval, within revised
Env-A 907.02, the State clarified the definition of ``emissions unit,''
and also provided clarification of which sources are subject to the
annual reporting requirement, and which sources are exempt. The State
also specifies which pollutant emissions must be reported, and lists
what information must be reported. The provisions of revised Env-A
907.03 now address annual compliance certifications for Title V
permittees, which is not required to be part of the SIP and was
therefore withdrawn by New Hampshire's September 14, 2017 letter
mentioned above.
New Hampshire made a minor revision to Env-A 907.04 which
identifies recordkeeping requirements for unclassifiable processes, and
made a minor change to the form required for reporting by certain
coating and printing facilities.
We have reviewed New Hampshire's changes to Env-A 900, Owner or
Operator Recordkeeping and Reporting Obligations, and determined that
they are acceptable. Additionally, the updated rule meets the anti-
backsliding requirements of section 110(l) of the CAA in that it will
not interfere with any applicable requirement concerning attainment and
reasonable further progress, or with any other applicable requirement
of the CAA. The regulation we are approving is not less stringent that
the version of the rule we previously approved. Therefore, we are
approving the updated Env-A 900 regulation, with the exception of the
portions that were withdrawn, into the New Hampshire SIP.
b. VOC Order for Sturm Ruger & Company
On February 10, 2017, New Hampshire submitted a revised order
establishing reasonably available control technology (RACT) for control
of VOCs for Sturm Ruger & Company located in Newport, NH. EPA most
recently approved a previous version of RACT for this facility on
August 21, 2014. 79 FR 49458. Subsequently, the company added 13
dewaxing pre-heat kilns, the exhaust from which is controlled by
afterburners that achieve a minimum of 99% destruction of VOCs. The
revised order provides operational requirements for the afterburners,
including a required minimum operating temperature, a calibration
schedule for the thermocouple and temperature controller on the
afterburners, and recordkeeping requirements.
Other changes made to the order reflect recent changes made to New
Hampshire's VOC regulations. For example, the emission rate for
rustproofing operations provided in section 3.b of the order was
lowered from 3.5 to 2.8 lbs VOC/gallon of coating in accordance with
Env-A 1212.04(a). Additionally, the limits for camouflage coatings in
section 3.d of the order were also lowered. Our review of the updated
order indicates that the proposed changes are acceptable. Additionally,
the updated order meets the requirements of section 110(l) of the CAA
in that it will not interfere with any applicable requirement
concerning attainment and reasonable further progress, or with any
other applicable requirement of the CAA. Therefore, we are approving
the updated order into the New Hampshire SIP.
III. Final Action
EPA is approving portions of New Hampshire's revised regulation
Env-A 900, Owner or Operator Recordkeeping and Reporting Obligations,
and RACT Order ARD-03-001 issued to Sturm Ruger & Company, as revisions
to the New Hampshire SIP.
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
16, 2018 without further notice unless the Agency receives relevant
adverse comments by December 14, 2017.
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 16, 2018 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. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference portions of
New Hampshire regulation Env-A 900, Owner or Operator Recordkeeping and
Reporting Obligations, and RACT Order ARD-03-001, which are described
in the amendments to 40 CFR part 52 set forth below. The EPA has made,
and will continue to make, these materials generally available through
www.regulations.gov, and/or at the EPA Region 1 Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion
in the State implementation plan, have been incorporated by reference
by EPA into that plan, are fully Federally enforceable under sections
110 and 113 of the CAA as of the effective date of the final rulemaking
of EPA's approval, and will be incorporated by reference by the
Director of the Federal Register in the next update to the SIP
compilation.
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
[[Page 52666]]
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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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 16, 2018. 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, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: October 26, 2017.
Deborah A. Szaro,
Acting 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. In Sec. 52.1520:
0
a. In paragraph (c), amend the table by revising the entry ``Env-A
900'': And
0
b. In paragraph (d), amend the table by:
0
i. Removing two entries ``Sturm, Ruger & Company, ARD-03-001'' and
``Sturm, Ruger & Company, Order No. ARD-03-001''; and
0
ii. Adding an entry to the end of the table entitled ``Sturm Ruger &
Company''.
The revision and addition read as follows:
Sec. 52.1520 Identification of plan.
* * * * *
(c) * * *
EPA-Approved New Hampshire Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanations
date \1\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Env-A 900........................ Owner or Operator 7/18/2015 11/14/2017,[Insert The following
Obligations. Federal Register sections withdrawn
citation]. by state and not
part of approved
SIP: Env-A
907.01(d) and (e);
907.02(a)(1),
(d)(1) a. and c.,
(2), and (e);
907.03; 911.04(b)
and (c); 911.05.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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.
[[Page 52667]]
(d) EPA-approved State Source specific requirements.
EPA-Approved New Hampshire Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
State Additional
Name of source Permit No. effective EPA approval date explanations/Sec.
date \2\ 52.1535 citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sturm Ruger & Company............ ARD-03-001......... 2/2/2017 11/14/17, [Insert VOC RACT Order.
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. 2017-24540 Filed 11-13-17; 8:45 am]
BILLING CODE 6560-50-P
