Air Plan Approval; New Hampshire; Single Source Orders and Revisions to Definitions, 45356-45358 [2018-19290]
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45356
Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Subpart VV—Virginia
§ 52.2420
2. Amend § 52.2420, paragraph (e)(1)
table by adding an entry entitled ‘‘2008
8-Hour Ozone NAAQS Nonattainment
■
1. The authority citation for part 52
continues to read as follows:
■
Name of
non-regulatory
SIP revision
*
*
*
*
*
*
*
Virginia portion of the Washington, DC-MD-VA nonattainment area for the 2008 ozone NAAQS (i.e., Arlington
County, Fairfax County, Loudoun County, Prince William
County, Alexandria City, Fairfax City, Falls Church City,
Manassas City, and Manassas Park City) as well as the
portions of Virginia included in the Ozone Transport Region (OTR) (i.e., Arlington County, Fairfax County,
Loudoun County, Prince William County, Stafford County,
Alexandria City, Fairfax City, Falls Church City, Manassas
City, and Manassas Park City).
*
[FR Doc. 2018–19364 Filed 9–6–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2017–0442; FRL–9982–
99—Region 1]
Air Plan Approval; New Hampshire;
Single Source Orders and Revisions to
Definitions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of New
Hampshire. The revisions incorporate a
single source order into the New
Hampshire SIP, remove a previouslyapproved order from the SIP, and
approve various definitions used within
New Hampshire’s air pollution control
regulations. This action is being taken in
accordance with the Clean Air Act.
DATES: This rule is effective on October
9, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2017–0442. All documents in the docket
are listed on the https://
www.regulations.gov website. 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,
daltland on DSKBBV9HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
State
submittal
date
Applicable geographic area
*
2008 8-Hour Ozone
NAAQS Nonattainment New
Source Review
Requirements.
16:12 Sep 06, 2018
New Source Review Requirements’’ at
the end of the table to read as follows:
Jkt 244001
*
5/17/17
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
Region 1 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
I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On July 6, 2018 (83 FR 31513), EPA
published a Notice of Proposed
Rulemaking (NPRM) for the State of
New Hampshire. The NPRM proposed
approval of revisions to New
Hampshire’s SIP consisting of an order
PO 00000
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*
Identification of plan.
*
*
(e) * * *
(1) * * *
*
EPA approval date
*
Additional
explanation
*
9/7/17, [Insert Federal Register citation].
*
establishing reasonably available control
technology (RACT) requirements for the
Diacom Corporation, removal from the
SIP of a previously-approved RACT
order for the Kalwall Corporation, and
a request to revise a few definitions
used within the State’s air pollution
control regulations. Other specific
requirements of New Hampshire’s
RACT orders and revised definitions
and the rationale for EPA’s proposed
action are explained in the NPRM and
will not be restated here.
We received a number of anonymous
comments that address subjects outside
the scope of our proposed action, do not
explain (or provide a legal basis for)
how the proposed action should differ
in any way, and make no specific
mention of the substantive aspects of
the proposed action. Consequently,
these comments are not germane to this
rulemaking and require no further
response.
II. Final Action
EPA is approving an order
establishing RACT for the Diacom
Corporation, removal from the SIP of a
previously-approved RACT order for the
Kalwall Corporation, and a revision to
eleven definitions used within the
State’s air pollution control regulations
as revisions to the New Hampshire SIP.
III. 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 revisions
located within New Hampshire’s Env-A,
Rules Governing the Control of Air
E:\FR\FM\07SER1.SGM
07SER1
Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations
Pollution, Env-A 101, Definitions, and
also incorporating by reference RACT
Order RO–0002, dated June 28, 2017,
issued to the Diacom Corporation, 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
https://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).
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 in the next
update to the SIP compilation.1
IV. Statutory and Executive Order
Reviews
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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);
• This action is not an Executive
Order 13771 regulatory action because
this action is not significant under
Executive Order 12866;
• 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.);
1 62
FR 27968 (May 22, 1997).
VerDate Sep<11>2014
16:12 Sep 06, 2018
Jkt 244001
• 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
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45357
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 6,
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).)
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 oxide, Volatile
organic compounds.
Dated: August 31, 2018.
Alexandra 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
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. Amend § 52.1520 by:
a. In paragraph (c), amend the table by
removing footnote 1 and adding ‘‘EnvA 100; Definitions’’ after the entry ‘‘EnvA 100; Definition of ‘‘Wood Waste
Burner’’’’; and
■ b. In paragraph (d), amend the table
by:
■ i. Removing footnote 2;
■ ii. Revising the entries ‘‘VOC RACT
for Kalwall Corporation, Manchester,
NH’’ and ‘‘Kalwall Corporation’’; and
■ iii. Adding an entry entitled ‘‘Diacom
Corporation’’ at the end of the table.
■ c. In paragraph (e), remove footnote 3.
The revisions and additions read as
follows:
■
■
§ 52.1520
*
Identification of plan.
*
*
(c) * * *
E:\FR\FM\07SER1.SGM
07SER1
*
*
45358
Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations
EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State citation
*
*
*
Env-A 100 ................................
*
State effective
date
Title/subject
*
Definitions ...............................
*
*
EPA approval date
*
3/24/1997
*
*
*
9/7/2018, [Insert Federal Register citation].
*
Explanations
*
Revisions made affecting
eleven definitions.
*
(d) * * *
EPA-APPROVED NEW HAMPSHIRE SOURCE SPECIFIC REQUIREMENTS
Name of source
*
*
*
VOC RACT for Kalwall Corporation, Manchester, NH.
*
*
Kalwall Corporation .................
*
*
*
*
9/10/1996
11/20/2011
*
*
9/7/2018, [Insert Federal Register citation].
daltland on DSKBBV9HB2PROD with RULES
BILLING CODE 6560–50–P
Jkt 244001
PO 00000
Frm 00034
Fmt 4700
Sfmt 9990
E:\FR\FM\07SER1.SGM
Order withdrawn from the
New Hampshire SIP.
*
*
16:12 Sep 06, 2018
See § 52.1535(c)(51).
Order superseded by
Order ARD–99–001, effective date 11/20/2011.
*
[FR Doc. 2018–19290 Filed 9–6–18; 8:45 am]
VerDate Sep<11>2014
Additional explanations/
§ 52.1535 citation
*
9/7/2018, [Insert Federal Register citation].
*
06/28/2017
*
9/7/2018, [Insert Federal Register citation].
*
*
RACT Order RO–0002 ............
EPA approval date
*
*
ARD–99–001 ...........................
*
Diacom Corporation .................
*
*
Order ARD–95–010 ................
*
*
State effective
date
Permit No.
07SER1
VOC RACT Order.
]]>Agencies
[Federal Register Volume 83, Number 174 (Friday, September 7, 2018)]
[Rules and Regulations]
[Pages 45356-45358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19290]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2017-0442; FRL-9982-99--Region 1]
Air Plan Approval; New Hampshire; Single Source Orders and
Revisions to Definitions
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 incorporate a single source order into the New
Hampshire SIP, remove a previously-approved order from the SIP, and
approve various definitions used within New Hampshire's air pollution
control regulations. This action is being taken in accordance with the
Clean Air Act.
DATES: This rule is effective on October 9, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2017-0442. All documents in the docket
are listed on the https://www.regulations.gov website. 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 at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
Region 1 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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On July 6, 2018 (83 FR 31513), EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of New Hampshire. The NPRM proposed
approval of revisions to New Hampshire's SIP consisting of an order
establishing reasonably available control technology (RACT)
requirements for the Diacom Corporation, removal from the SIP of a
previously-approved RACT order for the Kalwall Corporation, and a
request to revise a few definitions used within the State's air
pollution control regulations. Other specific requirements of New
Hampshire's RACT orders and revised definitions and the rationale for
EPA's proposed action are explained in the NPRM and will not be
restated here.
We received a number of anonymous comments that address subjects
outside the scope of our proposed action, do not explain (or provide a
legal basis for) how the proposed action should differ in any way, and
make no specific mention of the substantive aspects of the proposed
action. Consequently, these comments are not germane to this rulemaking
and require no further response.
II. Final Action
EPA is approving an order establishing RACT for the Diacom
Corporation, removal from the SIP of a previously-approved RACT order
for the Kalwall Corporation, and a revision to eleven definitions used
within the State's air pollution control regulations as revisions to
the New Hampshire SIP.
III. 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 revisions
located within New Hampshire's Env-A, Rules Governing the Control of
Air
[[Page 45357]]
Pollution, Env-A 101, Definitions, and also incorporating by reference
RACT Order RO-0002, dated June 28, 2017, issued to the Diacom
Corporation, 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 https://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). 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 in
the next update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
This action is not an Executive Order 13771 regulatory
action because this action is not significant under Executive Order
12866;
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 November 6, 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).)
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 oxide,
Volatile organic compounds.
Dated: August 31, 2018.
Alexandra 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 removing footnote 1 and adding
``Env-A 100; Definitions'' after the entry ``Env-A 100; Definition of
``Wood Waste Burner''''; and
0
b. In paragraph (d), amend the table by:
0
i. Removing footnote 2;
0
ii. Revising the entries ``VOC RACT for Kalwall Corporation,
Manchester, NH'' and ``Kalwall Corporation''; and
0
iii. Adding an entry entitled ``Diacom Corporation'' at the end of the
table.
0
c. In paragraph (e), remove footnote 3.
The revisions and additions read as follows:
Sec. 52.1520 Identification of plan.
* * * * *
(c) * * *
[[Page 45358]]
EPA-Approved New Hampshire Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Env-A 100............................. Definitions.............. 3/24/1997 9/7/2018, [Insert Federal Revisions made affecting eleven
Register citation]. definitions.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
(d) * * *
EPA-Approved New Hampshire Source Specific Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Additional explanations/Sec. 52.1535
Name of source Permit No. effective date EPA approval date citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
VOC RACT for Kalwall Corporation, Order ARD-95-010......... 9/10/1996 9/7/2018, [Insert Federal See Sec. 52.1535(c)(51). Order
Manchester, NH. Register citation]. superseded by Order ARD-99-001, effective
date 11/20/2011.
* * * * * * *
Kalwall Corporation................... ARD-99-001............... 11/20/2011 9/7/2018, [Insert Federal Order withdrawn from the New Hampshire
Register citation]. SIP.
* * * * * * *
Diacom Corporation.................... RACT Order RO-0002....... 06/28/2017 9/7/2018, [Insert Federal VOC RACT Order.
Register citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-19290 Filed 9-6-18; 8:45 am]
BILLING CODE 6560-50-P
