Air Plan Approval; New Hampshire; Approval of Recordkeeping and Reporting Requirements and Single Source Order, 13668-13671 [2018-06381]
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13668
Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations
EPA-APPROVED ALABAMA REGULATIONS—Continued
State effective
date
State citation
Title/subject
Section 335–3–14–.05 ...
Air Permits Authorizing Construction in or Near Nonattainment Areas.
5/23/2011
Chapter No. 335–3–15
Section
Section
Section
Section
335–3–15–.01
335–3–15–.02
335–3–15–.03
335–3–15–.04
...
...
...
...
Section 335–3–15–.05 ...
Definitions .................................
General Provisions ...................
Applicability ...............................
Synthetic Minor Operating Permit Requirements.
Public Participation ...................
Chapter No. 335–3–17
Section 335–3–17.01 .....
Section 335–3–17–.02 ...
EPA approval date
Explanation
1/11/2016; 81 FR 1124 ............
With the exception of: The portion of 335–3–14–.05(1)(k)
stating ‘‘excluding ethanol
production facilities that
produce ethanol by natural
fermentation’’; and 335–3–
14–.05(2)(c)3 (addressing fugitive emission increases and
decreases). Also with the exception of the state-withdrawn elements: 335–3–14–
.05(1)(h) (the actual-to-potential test for projects that only
involve existing emissions
units); the last sentence at
335–3–14–.05(3)(g), stating
‘‘Interpollutant offsets shall
be determined based upon
the following ratios’’; and the
NNSR interpollutant ratios at
335–3–14–.05(3)(g)1–4.
Synthetic Minor Operating Permits
10/15/1996
8/10/2000
11/23/1993
10/15/1996
6/6/1997; 62 FR 30991.
12/8/2000; 65 FR 76938.
10/20/1994; 59 FR 52916.
6/6/1997; 62 FR 30991.
10/15/1996
6/6/1997; 62 FR 30991.
Conformity of Federal Actions to State Implementation Plans
Transportation Conformity ........
General Conformity ..................
5/28/2013
5/23/2011
10/12/2017; 82 FR 47383.
9/26/2012; 77 FR 59100.
(d) EPA approved Alabama source
specific requirements.
EPA APPROVED ALABAMA SOURCE-SPECIFIC REQUIREMENTS
State
effective date
Name of source
Permit No.
Lafarge Cement Kiln ................
AB70004_1_01 ........................
2/6/2008
7/30/2009; 74 FR 37945 ..
Lehigh Cement Kiln .................
4–07–0290–03 .........................
2/6/2008
7/30/2009, 74 FR 37945 ..
*
*
*
*
*
[FR Doc. 2018–06367 Filed 3–29–18; 8:45 am]
EPA approval date
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
40 CFR Part 52
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[EPA–R01–OAR–2017–0266; FRL–9975–
79—Region 1]
Air Plan Approval; New Hampshire;
Approval of Recordkeeping and
Reporting Requirements and Single
Source Order
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
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Certain provisions of the permit.
Certain provisions of the permit.
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.
SUMMARY:
DATES:
This rule is effective on April 30,
2018.
EPA has established a
docket for this action under Docket
ADDRESSES:
Final rule.
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Identification No. EPA–R01–OAR–
2017–0266. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., confidential business
information (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 at www.regulations.gov or at
the U.S. Environmental Protection
Agency, EPA New England Regional
Office, Office of Ecosystem Protection,
Air Quality Planning Unit, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
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
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I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On November 14, 2017 (82 FR 52683),
EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of
New Hampshire. The NPRM proposed
approval of a revised single source order
limiting emissions of volatile organic
compounds (VOCs) from Sturm Ruger &
Company, and a revised state regulation
identified as Env–A 900, Owner or
Operator Recordkeeping and Reporting
Obligations. During the public comment
period we received four comment
letters. Two of the comment letters did
not contain information that was
specific or germane to our proposed
actions for New Hampshire. One
comment letter noted that approving
New Hampshire’s SIP revisions was ‘‘a
bad idea,’’ but did not explain why or
how New Hampshire’s SIP revisions
should be changed. One letter did
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contain relevant adverse comments and
those comments are responded to
below. In light of these relevant adverse
comments, on January 11, 2018 (83 FR
1302) we published a withdrawal of the
direct final rule we published in
conjunction with our November 14,
2017 NPRM (82 FR 52664).
II. Response to Comments
Comment
A comment was received indicating
that EPA should not approve the
‘‘reasonably available control
technology’’ (RACT) order for Sturm
Ruger & Company for the following
reasons. First, the commenter notes that
Table 1 of the order illustrates that the
company is able to meet a more
stringent emission limit for topcoats
than the order requires, and therefore
the order should not be approved
because this emission limit does not
represent the lowest emission limit the
source can meet for that coating.
Additionally, the commenter notes that
EPA should not approve sections of the
order that involve SIP-approved rules
because doing so is redundant, and may
create conflicting requirements if the
state changes the SIP-approved rule at
some point in the future.
Response
With regard to the commenter’s first
point, we note that the RACT order that
we are approving into the New
Hampshire SIP, Order ARD–03–001
issued to Sturm Ruger & Company, is
divided into four parts as follows:
Section A, Introduction; Section B,
Parties; Section C, Statement of Fact and
Law; and Section D, Order. Section D,
Order, contains the RACT requirements
New Hampshire has tailored to the
facility. Table 1, which the commenter
alludes to as being indicative that the
order contains insufficient requirements
for RACT because the emission limit
contained within it does not represent
the lowest emission limit the source can
meet for that coating, is found within
Section C, Statement of Fact and Law,
and the volatile organic compound
(VOC) limits cited within it are from a
state regulation previously approved
into the New Hampshire State
Implementation Plan (SIP).1 Section C is
provided as informative background as
to what air pollution control regulations
the source is subject to. Table 1 of
Section C indicates that the source at
1 Table 1 of the order contains an outdated
citation; it cites ‘‘Env–A–1204.27 and 1204.28(a)(3),
which are currently part of the ‘‘definitions’’ section
of New Hampshire’s VOC regulations. The current
citations are as follows: For topcoats, Env–A
1213.03(a); for sealers, Env–A 1213.03(b); for
strippable booth coatings, Env–A 1213.04(a)(3).
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13669
issue in this SIP action uses coatings
with VOC contents that are lower than
allowed by the State’s regulation, which
illustrates that the source is in
compliance with those existing state
requirements. New Hampshire adopted
the regulation in question, Env–A 1213,
Wood Furniture, Burial Caskets, and
Gunstock Coatings, to meet, in part, its
obligation to ensure that RACT is
required at major, and some non-major,
sources of VOC emissions. EPA
approved the State’s regulation as
meeting RACT on March 10, 1998 (63
FR 11600). EPA is not taking any action
on those previously-approved SIP
provisions in this action. The fact that
the source has found coatings with VOC
content limits that are lower than
required by the State’s regulation does
not dictate that New Hampshire revise
its regulation to make it more stringent;
rather, as noted previously, it indicates
that the source is in compliance with
the State’s RACT requirements for such
facilities. The commenter’s assertion
that the levels shown in Table 1 can’t be
RACT because it is not the lowest
emission limit the source can meet
appear to confuse RACT, which requires
‘‘reasonably available control
technology,’’ with the requirements of a
more rigorous regulatory tool of ‘‘lowest
achievable emission rate’’ (LAER).
LAER, as defined at 40 CFR
51.165(a)(1)(xiii), could in some
instances require a more stringent level
of control than RACT.
In response to the commenter’s
second point regarding the Sturm Ruger
& Company order, we do agree that
some portions of Section D of the order
are currently part of the New Hampshire
SIP, and are therefore duplicative and
not needed within the order. We have
included in the Docket for this action a
version of the State’s order that excludes
the portions of Section D of the order
that are duplicative of existing, SIPapproved requirements, and are
incorporating that version into the NH
SIP. A copy of the version of RACT
Order ARD–03–001, as amended
February 2, 2017, that we are approving
into the New Hampshire SIP has been
placed into the Docket for this
rulemaking.
Comment
A comment was received requesting
that EPA not approve New Hampshire’s
recordkeeping and reporting rule, Env–
A 900, until the state clarifies the
applicability section of the rule. The
commenter asserted that, as currently
structured, the rule would apply to
many small sources, including
individual users of consumer products,
and is therefore far too burdensome. The
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commenter cites Env–A 902.01 and
903.01 as examples of the asserted broad
reach of the rule’s authority.
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Response
The applicability criteria of New
Hampshire’s Env–A 900 differ by
section of the regulation, and are
structured such that they would not
apply to the small entities noted by the
commenter. The provisions at Env–A
902.01 are not applicability provisions;
rather, they provide the record retention
and record availability requirements for
sources that are subject to the rule. Env–
A 903.01 does contain applicability
criteria. For example, Env–A 903.01(a)
provides applicability criteria as
follows: ‘‘Except as provided in (b),2
below, this part shall apply to any
stationary source, area source, or device
that is subject to Env–A 600’’
(underlined emphasis added). Env–A
600 is applicable to sources required to
obtain a permit from the New
Hampshire Department of
Environmental Services (NH DES), and
there are various, specific applicability
criteria within that regulation
identifying who needs to do so. For
example, Env–A 607, Temporary
Permits, applies to the sources
identified within Env–A 607.01,
including those noted in paragraph (a)
of that section: external combustion
devices with a heat input of greater than
or equal to 10 million British Thermal
Units (BTUs) per hour burning gas,
liquid propane, distillate fuel, or any
combination of these fuels. Env–A
607.01 continues with specific
applicability criteria for other types of
equipment, and in no case would apply
to the small entities noted by the
commenter. In addition, Env–A 900,
section 904.01 provides applicability
criteria for equipment that has ‘‘. . .
actual VOC emissions greater than or
equal to 10 tons in any calendar year or
that is subject to Env–A 1200 ‘VOC
RACT’. . . .’’ Here, as within Env–A
600, the specific applicability criteria of
New Hampshire’s regulations preclude
their application to the small entities
contemplated by the commenter, and no
part of the regulation we are approving,
Env–A 900, provides the state with such
authority.
III. Final Action
EPA is approving portions of New
Hampshire’s revised regulation Env–A
900, Owner or Operator Recordkeeping
and Reporting Obligations, and certain
parts of the RACT Order ARD–03–001
2 Paragraph (b) of Env–A 903.01 lists several
specific source types that are exempt from the
section’s requirements.
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issued to Sturm Ruger & Company, as
revisions to the New Hampshire SIP.
This rule, which responds to the
adverse comments received, finalizes
our proposed approval of these SIP
revisions.
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 of portions of
Env–A 900, Owner or Operator
Recordkeeping and Reporting
Obligations, and portions of Order
ARD–03–001, as amended February 2,
2017, as described in the amendments
to 40 CFR part 52 set forth below. The
EPA has made, and will continue to
make, these documents generally
available through www.regulations.gov,
and at the EPA Region 1 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information.
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive 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);
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• 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 May 29, 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. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
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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.
i. Removing the two entries entitled
‘‘Sturm, Ruger & Company’’; and
■ ii. Adding a new entry entitled
‘‘Sturm Ruger & Company’’ at the end of
the table.
The revisions and additions read 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
Dated: March 20, 2018.
Alexandra Dapolito Dunn,
Regional Administrator, EPA Region 1.
§ 52.1520
2. Amend § 52.1520 by:
a. In paragraph (c), amend the table by
revising the entry ‘‘Env–A 900’’; and
■ b. In paragraph (d), amend the table
by:
■
*
■
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State
effective
date
State citation
Title/subject
*
Env–A 900 ........
*
*
Owner or Operator Obligations ......
*
*
EPA approval date 1
7/18/2015
*
Explanations
*
*
3/30/2018, [Insert Federal Register citation].
*
*
Approved sections Env–A 901
through 911, except for the following sections withdrawn by the
State and which are not part of
the
approved
SIP:
Env–A
907.01(d) and (e); 907.02(a)(1),
(d)(1) a. and c., (d)(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.
(d) * * *
EPA-APPROVED NEW HAMPSHIRE SOURCE SPECIFIC REQUIREMENTS
State
effective
date
Name of source
Permit No.
*
Sturm Ruger & Company.
*
*
ARD–03–001 .......................................
*
2/2/2017
Additional explanations/§ 52.1535
citation
EPA approval date 2
*
3/30/2018, [Insert
Federal Register
citation].
*
*
VOC RACT Order, as amended February 2, 2017, except sections D.1,
and introductory clauses to sections
D.2, D.3.b, D.5.a.i and b.i.
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. 2018–06381 Filed 3–29–18; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
ACTION:
Final rule.
This regulation establishes
exemptions from the requirement of a
tolerance for residues of N,N-dimethyl
[EPA–HQ–OPP–2015–0660, EPA–HQ–OPP–
9-decenamide (CAS Reg No. 1356964–
2015–0720, EPA–HQ–OPP–2015–0723; FRL– 77–6); N,N-dimethyldodecanamide
9974–70]
(CAS Reg No. 3007–53–2); and N,Ndimethyltetradecanamide (CAS Reg No.
N,N-Dimethyl 9-Decenamide; N,N3015–65–4) when used as inert
Dimethyldodecanamide; N,Ningredients (surfactant, solvent) on
Dimethyltetradecanamide; Exemption
growing crops and raw agricultural
From the Requirement of a Tolerance
commodities after harvest, with a
limitation that the concentration of the
AGENCY: Environmental Protection
inert ingredient is at a concentration not
Agency (EPA).
BILLING CODE 6560–50–P
SUMMARY:
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40 CFR Part 180
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]]>Agencies
[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Rules and Regulations]
[Pages 13668-13671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06381]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2017-0266; FRL-9975-79--Region 1]
Air Plan Approval; New Hampshire; Approval of Recordkeeping and
Reporting Requirements and Single Source Order
AGENCY: Environmental Protection Agency (EPA).
ACTION: 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 rule is effective on April 30, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
[[Page 13669]]
Identification No. EPA-R01-OAR-2017-0266. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., confidential
business information (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 at www.regulations.gov or at the U.S. Environmental
Protection Agency, EPA New England Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100,
Boston, MA. EPA requests that if at all possible, you contact the
contact listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
legal holidays.
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;
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On November 14, 2017 (82 FR 52683), EPA published a Notice of
Proposed Rulemaking (NPRM) for the State of New Hampshire. The NPRM
proposed approval of a revised single source order limiting emissions
of volatile organic compounds (VOCs) from Sturm Ruger & Company, and a
revised state regulation identified as Env-A 900, Owner or Operator
Recordkeeping and Reporting Obligations. During the public comment
period we received four comment letters. Two of the comment letters did
not contain information that was specific or germane to our proposed
actions for New Hampshire. One comment letter noted that approving New
Hampshire's SIP revisions was ``a bad idea,'' but did not explain why
or how New Hampshire's SIP revisions should be changed. One letter did
contain relevant adverse comments and those comments are responded to
below. In light of these relevant adverse comments, on January 11, 2018
(83 FR 1302) we published a withdrawal of the direct final rule we
published in conjunction with our November 14, 2017 NPRM (82 FR 52664).
II. Response to Comments
Comment
A comment was received indicating that EPA should not approve the
``reasonably available control technology'' (RACT) order for Sturm
Ruger & Company for the following reasons. First, the commenter notes
that Table 1 of the order illustrates that the company is able to meet
a more stringent emission limit for topcoats than the order requires,
and therefore the order should not be approved because this emission
limit does not represent the lowest emission limit the source can meet
for that coating. Additionally, the commenter notes that EPA should not
approve sections of the order that involve SIP-approved rules because
doing so is redundant, and may create conflicting requirements if the
state changes the SIP-approved rule at some point in the future.
Response
With regard to the commenter's first point, we note that the RACT
order that we are approving into the New Hampshire SIP, Order ARD-03-
001 issued to Sturm Ruger & Company, is divided into four parts as
follows: Section A, Introduction; Section B, Parties; Section C,
Statement of Fact and Law; and Section D, Order. Section D, Order,
contains the RACT requirements New Hampshire has tailored to the
facility. Table 1, which the commenter alludes to as being indicative
that the order contains insufficient requirements for RACT because the
emission limit contained within it does not represent the lowest
emission limit the source can meet for that coating, is found within
Section C, Statement of Fact and Law, and the volatile organic compound
(VOC) limits cited within it are from a state regulation previously
approved into the New Hampshire State Implementation Plan (SIP).\1\
Section C is provided as informative background as to what air
pollution control regulations the source is subject to. Table 1 of
Section C indicates that the source at issue in this SIP action uses
coatings with VOC contents that are lower than allowed by the State's
regulation, which illustrates that the source is in compliance with
those existing state requirements. New Hampshire adopted the regulation
in question, Env-A 1213, Wood Furniture, Burial Caskets, and Gunstock
Coatings, to meet, in part, its obligation to ensure that RACT is
required at major, and some non-major, sources of VOC emissions. EPA
approved the State's regulation as meeting RACT on March 10, 1998 (63
FR 11600). EPA is not taking any action on those previously-approved
SIP provisions in this action. The fact that the source has found
coatings with VOC content limits that are lower than required by the
State's regulation does not dictate that New Hampshire revise its
regulation to make it more stringent; rather, as noted previously, it
indicates that the source is in compliance with the State's RACT
requirements for such facilities. The commenter's assertion that the
levels shown in Table 1 can't be RACT because it is not the lowest
emission limit the source can meet appear to confuse RACT, which
requires ``reasonably available control technology,'' with the
requirements of a more rigorous regulatory tool of ``lowest achievable
emission rate'' (LAER). LAER, as defined at 40 CFR 51.165(a)(1)(xiii),
could in some instances require a more stringent level of control than
RACT.
---------------------------------------------------------------------------
\1\ Table 1 of the order contains an outdated citation; it cites
``Env-A-1204.27 and 1204.28(a)(3), which are currently part of the
``definitions'' section of New Hampshire's VOC regulations. The
current citations are as follows: For topcoats, Env-A 1213.03(a);
for sealers, Env-A 1213.03(b); for strippable booth coatings, Env-A
1213.04(a)(3).
---------------------------------------------------------------------------
In response to the commenter's second point regarding the Sturm
Ruger & Company order, we do agree that some portions of Section D of
the order are currently part of the New Hampshire SIP, and are
therefore duplicative and not needed within the order. We have included
in the Docket for this action a version of the State's order that
excludes the portions of Section D of the order that are duplicative of
existing, SIP-approved requirements, and are incorporating that version
into the NH SIP. A copy of the version of RACT Order ARD-03-001, as
amended February 2, 2017, that we are approving into the New Hampshire
SIP has been placed into the Docket for this rulemaking.
Comment
A comment was received requesting that EPA not approve New
Hampshire's recordkeeping and reporting rule, Env-A 900, until the
state clarifies the applicability section of the rule. The commenter
asserted that, as currently structured, the rule would apply to many
small sources, including individual users of consumer products, and is
therefore far too burdensome. The
[[Page 13670]]
commenter cites Env-A 902.01 and 903.01 as examples of the asserted
broad reach of the rule's authority.
Response
The applicability criteria of New Hampshire's Env-A 900 differ by
section of the regulation, and are structured such that they would not
apply to the small entities noted by the commenter. The provisions at
Env-A 902.01 are not applicability provisions; rather, they provide the
record retention and record availability requirements for sources that
are subject to the rule. Env-A 903.01 does contain applicability
criteria. For example, Env-A 903.01(a) provides applicability criteria
as follows: ``Except as provided in (b),\2\ below, this part shall
apply to any stationary source, area source, or device that is subject
to Env-A 600'' (underlined emphasis added). Env-A 600 is applicable to
sources required to obtain a permit from the New Hampshire Department
of Environmental Services (NH DES), and there are various, specific
applicability criteria within that regulation identifying who needs to
do so. For example, Env-A 607, Temporary Permits, applies to the
sources identified within Env-A 607.01, including those noted in
paragraph (a) of that section: external combustion devices with a heat
input of greater than or equal to 10 million British Thermal Units
(BTUs) per hour burning gas, liquid propane, distillate fuel, or any
combination of these fuels. Env-A 607.01 continues with specific
applicability criteria for other types of equipment, and in no case
would apply to the small entities noted by the commenter. In addition,
Env-A 900, section 904.01 provides applicability criteria for equipment
that has ``. . . actual VOC emissions greater than or equal to 10 tons
in any calendar year or that is subject to Env-A 1200 `VOC RACT'. . .
.'' Here, as within Env-A 600, the specific applicability criteria of
New Hampshire's regulations preclude their application to the small
entities contemplated by the commenter, and no part of the regulation
we are approving, Env-A 900, provides the state with such authority.
---------------------------------------------------------------------------
\2\ Paragraph (b) of Env-A 903.01 lists several specific source
types that are exempt from the section's requirements.
---------------------------------------------------------------------------
III. Final Action
EPA is approving portions of New Hampshire's revised regulation
Env-A 900, Owner or Operator Recordkeeping and Reporting Obligations,
and certain parts of the RACT Order ARD-03-001 issued to Sturm Ruger &
Company, as revisions to the New Hampshire SIP. This rule, which
responds to the adverse comments received, finalizes our proposed
approval of these SIP revisions.
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 of portions
of Env-A 900, Owner or Operator Recordkeeping and Reporting
Obligations, and portions of Order ARD-03-001, as amended February 2,
2017, as described in the amendments to 40 CFR part 52 set forth below.
The EPA has made, and will continue to make, these documents generally
available through www.regulations.gov, and at the EPA Region 1 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive 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 May 29, 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. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
[[Page 13671]]
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: March 20, 2018.
Alexandra Dapolito Dunn,
Regional Administrator, EPA Region 1.
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. Amend Sec. 52.1520 by:
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 the two entries entitled ``Sturm, Ruger & Company''; and
0
ii. Adding a new entry entitled ``Sturm Ruger & Company'' at the end of
the table.
The revisions and additions read as follows:
Sec. 52.1520 Identification of plan.
* * * * *
(c) * * *
EPA-Approved New Hampshire Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date 1 Explanations
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Env-A 900.................. Owner or Operator 7/18/2015 3/30/2018, [Insert Approved sections Env-
Obligations. Federal Register A 901 through 911,
citation]. except for the
following sections
withdrawn by the
State and which are
not part of the
approved SIP: Env-A
907.01(d) and (e);
907.02(a)(1), (d)(1)
a. and c., (d)(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.
(d) * * *
EPA-Approved New Hampshire Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
Additional
Name of source Permit No. State EPA approval date explanations/Sec.
effective date 2 52.1535 citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sturm Ruger & Company.......... ARD-03-001........... 2/2/2017 3/30/2018, [Insert VOC RACT Order, as
Federal Register amended February 2,
citation]. 2017, except
sections D.1, and
introductory
clauses to sections
D.2, D.3.b, D.5.a.i
and b.i.
----------------------------------------------------------------------------------------------------------------
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. 2018-06381 Filed 3-29-18; 8:45 am]
BILLING CODE 6560-50-P
