Air Plan Approval; New Hampshire; Reasonably Available Control Technology Orders, 33198-33201 [2019-14838]
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33198
Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Proposed Rules
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting
Points, dated August 13, 2018, and
effective September 15, 2018, is
amended as follows:
■
Paragraph 6002 Class E Airspace Areas
Designated as a Surface Area.
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*
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ASO AL E2 Huntsville, AL [Amended]
Huntsville International-Carl T. Jones Field,
AL
(Lat. 34°38′14″ N, long. 86°46′30″ W)
Redstone AAF
(Lat. 34°40′43″ N, long. 86°41′05″ W)
Within a 5-mile radius of the Huntsville
International-Carl T. Jones Field, excluding
that airspace within a 1-mile radius of the
Redstone AAF. This Class E airspace area is
effective during the specific dates and times
established in advance by a Notice to
Airmen. The effective date and time will
thereafter be continuously published in the
Chart Supplement.
Paragraph 6003 Class E Airspace Areas
Designated as an Extension to a Class C
Surface Area.
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ASO AL E3 Huntsville, AL [Established]
Huntsville International-Carl T. Jones Field,
AL
(Lat. 34°38′14″ N, long. 86°46′30″ W)
Huntsville International-Carl T. Jones Field:
RWY 36L–LOC
(Lat. 34°39′20″ N, long. 86°46′55″ W)
That airspace extending upward from the
surface within 1 mile each side of the 181°
bearing from the Huntsville InternationalCarl T. Jones Field: RWY 36L–LOC extending
from the 5-mile radius of the Huntsville
International-Carl T. Jones Field to 6.3 miles
south of the Huntsville International-Carl T.
Jones Field: RWY 36L–LOC.
Paragraph 6005 Class E Airspace Areas
Extending Upward from 700 Feet or More
Above the Surface of the Earth.
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ASO AL E5 Huntsville, AL [Amended]
Huntsville International-Carl T. Jones Field,
AL
(Lat. 34°38′14″ N, long. 86°46′30″ W)
Huntsville International-Carl T. Jones Field:
RWY 36L–LOC
(Lat. 34°39′20″ N, long. 86°46′55″ W)
Redstone AAF
(Lat. 34°40′43″ N, long. 86°41′05″ W)
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Pryor Field Regional Airport, AL
(Lat. 34°39′15″ N, long. 86°56′43″ W)
Huntsville Executive Tom Sharp Jr. Field, AL
(Lat. 34°51′34″ N, long. 86°33′27″ W)
That airspace extending upward from 700
feet above the surface within a 7.5-mile
radius of Huntsville International-Carl T.
Jones Field, and within 3 miles each side of
the 001° bearing from Huntsville
International-Carl T. Jones Field extending
from the 7.5-mile radius to 12.3 miles north
of Huntsville International-Carl T. Jones
Field, and within 1.3 miles each side of the
181° bearing from the Huntsville
International-Carl T. Jones Field: RWY 36L–
LOC extending from the 7.5 mile radius of
Huntsville International-Carl T. Jones Field
to 8.3 miles south of the Huntsville
International-Carl T. Jones Field: RWY 36L–
LOC, and within a 9.5-mile radius of
Redstone AAF, and within a 7-mile radius of
Pryor Field Regional Airport, and within a
6.3-mile radius of Huntsville Executive Tom
Sharp Jr. Field.
Issued in Fort Worth, Texas, on July 3,
2019.
John Witucki,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2019–14769 Filed 7–11–19; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2019–0179; FRL–9996–36–
Region 1]
Air Plan Approval; New Hampshire;
Reasonably Available Control
Technology Orders
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
State Implementation Plan (SIP)
revisions submitted by the State of New
Hampshire. These revisions consist of
single-source Orders that New
Hampshire adopted to meet reasonably
available control technology
requirements (RACT), and of requests
made by New Hampshire to withdraw
from its SIP a number of previously
issued RACT Orders. This action is
being taken under the Clean Air Act.
DATES: Written comments must be
received on or before August 12, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2019–0179 at https://
www.regulations.gov, or via email to
mcconnell.robert@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
SUMMARY:
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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. Publicly
available docket materials are available
at https://www.regulations.gov or at the
U.S. Environmental Protection Agency,
EPA Region 1 Regional Office, Air and
Radiation Division, Air Quality Branch,
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 and Radiation Division (Mail Code
05–2), 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 New
Hampshire’s SIP Submittal
1. Revised Single Source Order for Schiller
Station
2. Revised Single Source Order for
Anheuser Busch
3. Revised Single Source Order for Metal
Works, Inc.
4. Revised Single Source Order for
Polyonics, Inc.
5. Single Source Order for Complete
Coverage Woodpriming, LLC
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6. Single Source RACT Order Withdrawals
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
Sections 172(c)(1) and 182(b)(2) of the
Clean Air Act (CAA) require states to
implement RACT in areas classified as
moderate (and higher) non-attainment
for ozone, while section 184(b)(1)(B) of
the Act requires VOC RACT in states
located in the Ozone Transport Region
(OTR), and section 182(f) requires NOX
RACT be adopted in the OTR. Per
section 184(a) of the CAA, New
Hampshire is a member state of the
OTR. Areas subject to the RACT
requirements of the CAA are required to
implement RACT for all major emission
sources of volatile organic compounds
(VOCs) and nitrogen oxides (NOX) and
for all sources covered by a Control
Techniques Guideline (CTG). A CTG is
a document issued by EPA which
establishes a ‘‘presumptive norm’’ for
RACT for a specific VOC source
category. A related set of documents,
Alternative Control Techniques (ACT)
documents, exists primarily for NOX
control requirements. States must
submit rules, or negative declarations
when no such sources exist for CTG
source categories, but not for sources in
ACT categories. However, RACT must
be imposed on major sources of NOX,
and some of those major sources may be
within a sector covered by an ACT
document.
As part of its ongoing obligation to
ensure that RACT requirements are in
place for major sources in the State,
New Hampshire submitted the
following revisions to its SIP over the
past year: A single-source Order
containing NOX RACT requirements for
the Anheuser Busch Company,
submitted on April 27, 2018; a request
to withdraw from the SIP previously
issued Orders for the Waterville Valley
Ski Resort and for the Public Service
Company of New Hampshire, submitted
on September 5, 2018; a single-source
Order containing VOC RACT
requirements for Metal Works Inc.,
submitted on September 6, 2018; a
single-source Order containing NOX
RACT requirements for the Schiller
Station power plant, submitted on
September 6, 2018; a single-source
Order containing VOC RACT
requirements for Polyonics Inc.,
submitted on October 10, 2018; a
request to withdraw from the SIP
previously approved single-source
Orders for the LW Packard Company,
the Groveton Paperboard Company, and
the Hampshire Chemical Company,
submitted on January 8, 2019; and a
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single-source Order containing VOC
RACT requirements for Complete
Coverage Woodpriming, LLC, submitted
on April 25, 2019.
II. Description and Evaluation of New
Hampshire’s SIP Revisions
1. Revised Single Source Order for
Schiller Station
On September 6, 2018, New
Hampshire submitted NOX RACT Order
RO–003 to establish NOX RACT
requirements for the Schiller Station
electric-power plant in Portsmouth, NH,
as a SIP revision request. Order RO–003
contains NOX emission limits for two
EGUs, referred to as SR4 and SR6 in the
Order, which are EGUs that can be
fueled by coal or oil. New Hampshire
issued the Order to the facilities owner,
Granite Shore Power, LLC, on
September 6, 2018. Both EGUs are
equipped with NOX emission-reduction
controls consisting of low NOX burners,
overfire air systems, and selective noncatalytic reduction (SNCR) systems.
Prior to issuance of Order RO–003, these
EGUs were subject to a NOX emission
limit of 0.50 lbs per mmBTU based on
a 24-hour calendar day average. Order
RO–003 lowers that limit to 0.25 lbs per
mmBTU based on a 24-hour calendar
day average. New Hampshire set this
emission rate to correspond with low
emission rates that were historically
achieved on days when the units
operated for at least 18 hours. We are
proposing approval of New Hampshire’s
revised NOX emission limits for units
SR4 and SR6 as representing RACT for
these EGUs.
2. Revised Single Source Order for
Anheuser Busch
On April 26, 2018, New Hampshire
submitted a revision to a previously
approved NOX RACT Order for
Anheuser-Busch, LLC, in Merrimack,
NH, as a SIP revision request. The
revised Order, referred to as NOX RACT
Order ARD–05–001, was last approved
into the New Hampshire SIP on
November 5, 2012 (77 FR 66388), and
was re-issued with updates on January
17, 2018. The update consists of a
revision to the testing requirements for
two boilers at the facility such that
future testing will be based on the fuel
type that provided most of the heat
input to each boiler over the previous 12
months. This is consistent with testing
requirements that boilers are subject to
pursuant to federal maximum
achievable control technology (MACT)
regulations. Additionally, this change
will relieve the facility of testing
requirements when burning fuels that
are seldom used. For example, in some
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previous years, the boilers only burned
oil during annual performance testing
for that fuel. We have reviewed New
Hampshire’s changes to NOX RACT
Order ARD–05–001 and agree that they
are appropriate for this facility and are,
therefore, proposing to approve the
revised Order into the New Hampshire
SIP.
3. Revised Single Source Order for Metal
Works, Inc.
On September 4, 2018, New
Hampshire submitted a revision to a
previously approved VOC RACT Order
for Metal Works, Inc., in Londonderry,
NH, as a SIP revision request. The
revised Order, referred to as VOC RACT
Order ARD–05–001, was last approved
into the New Hampshire SIP on
November 5, 2012 (77 FR 66388), and
was re-issued with updates on August
16, 2018. Metal Works Inc. is a very
small VOC source with emissions just
above the three ton per year threshold.
The revision made to its VOC RACT
Order allows it to meet its RACT
obligation via the purchase of emission
reduction credits generated by other
sources. New Hampshire estimates the
source will need to make minimal credit
purchases each year of approximately
0.5 to 1.0 tons. We have reviewed New
Hampshire’s revised VOC RACT Order
for Metal Works Inc. and agree that it
represents RACT for the facility.
Therefore, we are proposing to approve
it as a revision to the New Hampshire
SIP.
4. Single Source Order for Polyonics,
LLC
On October 10, 2018, New Hampshire
submitted RACT Order ARD07–004
issued to Polyonics, Inc., located in
Westmoreland, NH, as a SIP revision
request. Three coating lines are used at
the facility in the manufacture of
pressure sensitive labeling materials,
and VOC emissions from the lines are
controlled by catalytic oxidizers. New
Hampshire amended a previously
issued RACT Order for the facility,
which EPA approved into the NH SIP
on November 5, 2012 (77 FR 66388), to
allow the facility to generate and sell
discrete emission reduction credits to
other facilities in the State. We have
reviewed New Hampshire’s revised
VOC RACT Order for Polyonics, Inc.,
and agree that it represents RACT for
the facility. Therefore, we are proposing
to approve it as a revision to the New
Hampshire SIP.
5. Single Source Order for Complete
Coverage Woodpriming, LLC
On April 25, 2019, New Hampshire
submitted RACT Order RO–0004 issued
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to Complete Coverage Woodpriming,
LLC, in Allenstown, NH, as a SIP
revision request. The facility applies
primer and coatings to trim boards,
clapboards, and other products in
compliance with New Hampshire’s
regulation Env-A 1214, Flat Wood
Paneling Coatings, except for one
coating used as a stain blocker to
prevent the tannic acid within knots
from bleeding through and discoloring
the finished product. The facility
investigated use of a number of
potential stain blockers to meet its
needs and to comply with Env-A 1214
but could not find a satisfactory
product. Considering this, New
Hampshire issued RACT Order RO–
0004, which specified a maximum
emission limit of 2.96 lbs VOC per
gallon for stain block products. This
will enable the facility to continue using
the stain block that meets its
performance specification needs. The
facility is required to provide an annual
report to New Hampshire describing its
efforts to find a lower emitting stain
block product.
6. Single Source RACT Order
Withdrawals
On August 16, 2018, New Hampshire
submitted a request that a previously
approved single-source RACT Order,
Order ARD–95–003 issued to the
Waterville Valley Ski Resort, be
withdrawn from the SIP. EPA approved
the RACT Order for the Waterville
Valley Ski Resort on April 9, 1997 (62
FR 17087) into the New Hampshire SIP.
The Order contains NOX RACT
requirements for internal combustion
engines and residential boilers used at
the time by the facility. After New
Hampshire issued RACT Order ARD–
95–003, the State issued a permit
pursuant to Env-A 610, General State
Permits and General Permits Under
Title V, which contained requirements
covering the internal combustion
engines at the facility. The permit
capped NOX emissions at less than 50
tons per year; the most recent NOX
emissions data available from the
facility indicated only 2.2 tons of NOX
were emitted. Additionally, some of the
equipment initially subject to the NOX
RACT Order have been recategorized as
emergency engines. New Hampshire
reviewed the current equipment and
permits issued to the facility and
determined that the basis and
conditions for the NOX RACT Order no
longer exist, and, therefore, requested
that the Order be withdrawn from the
New Hampshire SIP.
On January 8, 2019, New Hampshire
submitted a request that three
previously approved single-source
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RACT Orders be withdrawn from its
SIP. These include: Order ARD–94–001,
issued to the L.W. Packard Company;
Order ARD–95–001, issued to Groveton
Paperboard, Inc.; and Order ARD–95–
011, issued to the Hampshire Chemical
Corporation. EPA approved the RACT
Order for L.W. Packard Company into
the New Hampshire SIP on March 10,
1998 (63 FR 11600). The facility ceased
operation in 2008, and, therefore, New
Hampshire requested the Order be
withdrawn from its SIP. EPA approved
the RACT Order for Groveton
Paperboard, Inc., on April 9, 1997 (62
FR 17087), which also ceased operation
in 2008, and, therefore, New Hampshire
requested the Order be withdrawn from
its SIP. EPA approved the RACT Order
for Hampshire Chemical Corporation on
May 13, 1998 (63 FR 26455). The facility
ceased operation in 2004, and, therefore,
New Hampshire requested the Order be
withdrawn from its SIP.
On April 30, 2019, New Hampshire
submitted a request that a previously
approved single-source RACT Order for
the Concord Litho Group be withdrawn
from the SIP. EPA approved the Order,
identified as Order ARD–07–003, into
the New Hampshire SIP on August 21,
2014 (79 FR 49462). The facility ceased
operation in 2018, and, therefore, New
Hampshire requested the Order be
withdrawn from its SIP.
III. Proposed Action
EPA is proposing to approve the
following items into the New
Hampshire SIP: A single-source NOX
RACT Order for Schiller Station; a
revised single-source NOX RACT Order
for Anheuser Busch; a revised singlesource VOC RACT Order for Metal
Works, Inc.; a revised single-source VOC
RACT Order for Polyonics, Inc.; and a
single-source VOC RACT Order for
Complete Coverage Woodpriming, LLC.
EPA also is proposing to withdraw from
the New Hampshire SIP previously
approved RACT Orders for the L.W.
Packard Company; the Groveton
Paperboard Company; the Hampshire
Chemical Company; the Waterville
Valley Ski Resort; and the Concord
Litho Group, Inc. EPA is soliciting
public comments on the issues
discussed in this notice or on other
relevant matters. These comments will
be considered before taking final action.
Interested parties may participate in the
Federal rulemaking procedure by
submitting written comments to this
proposed rule by following the
instructions listed in the ADDRESSES
section of this Federal Register.
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IV. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
the following items: A single-source
NOX RACT order for Schiller Station; a
single-source NOX RACT Order for
Anheuser Busch; a single-source VOC
RACT Order for Metal Works Inc.; a
single-source VOC RACT Order for
Polyonics, Inc.; and a single-source VOC
RACT Order for Complete Coverage
Wood Priming, LLC. 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).
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 proposed 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 proposed 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 expected to be 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);
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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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: July 3, 2019.
Deborah Szaro,
Acting Regional Administrator, EPA
Region 1.
[FR Doc. 2019–14838 Filed 7–11–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1, 2, 4, 52, and 53
[FAR Case 2015–002; Docket No. 2015–
0002, Sequence No. 1]
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RIN 9000–AN40
Federal Acquisition Regulation:
Requirements for DD Form 254,
Contract Security Classification
Specification
Department of Defense (DoD),
General Services Administration (GSA),
AGENCY:
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and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
DoD, GSA, and NASA are
proposing to amend the Federal
Acquisition Regulation (FAR) to require
electronic submission of the DD Form
254, Contract Security Classification
Specification.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat Division at one of the
addresses shown below on or before
September 10, 2019 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments in
response to FAR Case 2015–002 by any
of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘FAR Case 2015–002’’.
Select the link ‘‘Comment Now’’ that
corresponds with ‘‘FAR Case 2015–
002’’. Follow the instructions provided
on the screen. Please include your
name, company name (if any), and
‘‘FAR Case 2015–002’’ on your attached
document.
• Mail: General Services
Administration, Regulatory Secretariat
Division (MVCB), ATTN: Lois Mandell,
1800 F Street NW, Second Floor,
Washington, DC 20405.
Instructions: Please submit comments
only and cite ‘‘FAR case 2015–002’’ in
all correspondence related to this case.
All comments received will be posted,
without change, to https://
www.regulations.gov, including any
personal and/or business confidential
information provided. To confirm
receipt of your comment(s), please
check www.regulations.gov,
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Mr.
Curtis E. Glover, Sr., Procurement
Analyst, at (202) 501–1448 for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at (202) 501–4755.
Please cite ‘‘FAR case 2015–002’’.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD, GSA, and NASA are proposing
to amend the FAR to update and clarify
the requirements for using the DD Form
254, Contract Security Classification
Specification. The Government uses the
DD Form 254 to convey security
requirements to contractors when
contract performance requires access to
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33201
classified information. Prime
contractors also use the DD Form 254 to
convey security requirements to
subcontractors that require access to
classified information to perform on a
subcontract. Subcontractors may also
use the DD Form 254 if access to
classified information is required to
convey security requirements to
additional subcontractors.
The Defense Security Service has
oversight responsibilities for contractors
and subcontractors requiring access to
classified information under contracts
awarded by agencies covered by the
National Industrial Security Program,
i.e., DoD components, and nondefense
agencies that have industrial security
services agreements with DoD. The
National Industrial Security Program
was established under Executive Order
(E.O.) 12829 as a single, integrated
program across the Executive Branch
designed to safeguard classified
information released to contractors. As
one of five National Industrial Security
Program cognizant security agencies,
DoD is responsible for providing
industrial security oversight services to
DoD and those nondefense agencies that
have industrial security services
agreements with DoD.
The National Industrial Security
Program Contracts Classification System
is a module within the Procurement
Integrated Enterprise Environment
(PIEE), (formerly the Wide Area
WorkFlow application). The module
provides a centralized repository for
classified contract security requirements
and automates DD Form 254 processes
and workflows.
II. Discussion and Analysis
This rule proposes to amend the FAR
to provide procedures for use of the DD
Form 254 and the requirement to use
the PIEE, to—
• Streamline the submission process
for the existing DD Form 254 and enable
businesses to submit an electronic form
once, instead of repeated paper
submissions;
• Require use of the DD Form 254 by
nondefense agencies that have
industrial security services agreements
with DoD, and DoD components, to
specify the security classification for a
contract involving access to information
classified as ‘‘Confidential,’’ ‘‘Secret,’’ or
‘‘Top Secret;’’
• Require agency preparation of the
DD Form 254 using the National
Industrial Security Program Contracts
Classification System module of the
PIEE unless a nondefense agency has an
existing DD Form 254 information
system;
• Clarify that—
E:\FR\FM\12JYP1.SGM
12JYP1
]]>Agencies
[Federal Register Volume 84, Number 134 (Friday, July 12, 2019)]
[Proposed Rules]
[Pages 33198-33201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14838]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2019-0179; FRL-9996-36-Region 1]
Air Plan Approval; New Hampshire; Reasonably Available Control
Technology Orders
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve State Implementation Plan (SIP) revisions submitted by the
State of New Hampshire. These revisions consist of single-source Orders
that New Hampshire adopted to meet reasonably available control
technology requirements (RACT), and of requests made by New Hampshire
to withdraw from its SIP a number of previously issued RACT Orders.
This action is being taken under the Clean Air Act.
DATES: Written comments must be received on or before August 12, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2019-0179 at https://www.regulations.gov, or via email to
[email protected]. 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. Publicly
available docket materials are available at https://www.regulations.gov
or at the U.S. Environmental Protection Agency, EPA Region 1 Regional
Office, Air and Radiation Division, Air Quality Branch, 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 and Radiation Division (Mail Code 05-2), 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. Description and Evaluation of New Hampshire's SIP Submittal
1. Revised Single Source Order for Schiller Station
2. Revised Single Source Order for Anheuser Busch
3. Revised Single Source Order for Metal Works, Inc.
4. Revised Single Source Order for Polyonics, Inc.
5. Single Source Order for Complete Coverage Woodpriming, LLC
[[Page 33199]]
6. Single Source RACT Order Withdrawals
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
Sections 172(c)(1) and 182(b)(2) of the Clean Air Act (CAA) require
states to implement RACT in areas classified as moderate (and higher)
non-attainment for ozone, while section 184(b)(1)(B) of the Act
requires VOC RACT in states located in the Ozone Transport Region
(OTR), and section 182(f) requires NOX RACT be adopted in
the OTR. Per section 184(a) of the CAA, New Hampshire is a member state
of the OTR. Areas subject to the RACT requirements of the CAA are
required to implement RACT for all major emission sources of volatile
organic compounds (VOCs) and nitrogen oxides (NOX) and for
all sources covered by a Control Techniques Guideline (CTG). A CTG is a
document issued by EPA which establishes a ``presumptive norm'' for
RACT for a specific VOC source category. A related set of documents,
Alternative Control Techniques (ACT) documents, exists primarily for
NOX control requirements. States must submit rules, or
negative declarations when no such sources exist for CTG source
categories, but not for sources in ACT categories. However, RACT must
be imposed on major sources of NOX, and some of those major
sources may be within a sector covered by an ACT document.
As part of its ongoing obligation to ensure that RACT requirements
are in place for major sources in the State, New Hampshire submitted
the following revisions to its SIP over the past year: A single-source
Order containing NOX RACT requirements for the Anheuser
Busch Company, submitted on April 27, 2018; a request to withdraw from
the SIP previously issued Orders for the Waterville Valley Ski Resort
and for the Public Service Company of New Hampshire, submitted on
September 5, 2018; a single-source Order containing VOC RACT
requirements for Metal Works Inc., submitted on September 6, 2018; a
single-source Order containing NOX RACT requirements for the
Schiller Station power plant, submitted on September 6, 2018; a single-
source Order containing VOC RACT requirements for Polyonics Inc.,
submitted on October 10, 2018; a request to withdraw from the SIP
previously approved single-source Orders for the LW Packard Company,
the Groveton Paperboard Company, and the Hampshire Chemical Company,
submitted on January 8, 2019; and a single-source Order containing VOC
RACT requirements for Complete Coverage Woodpriming, LLC, submitted on
April 25, 2019.
II. Description and Evaluation of New Hampshire's SIP Revisions
1. Revised Single Source Order for Schiller Station
On September 6, 2018, New Hampshire submitted NOX RACT
Order RO-003 to establish NOX RACT requirements for the
Schiller Station electric-power plant in Portsmouth, NH, as a SIP
revision request. Order RO-003 contains NOX emission limits
for two EGUs, referred to as SR4 and SR6 in the Order, which are EGUs
that can be fueled by coal or oil. New Hampshire issued the Order to
the facilities owner, Granite Shore Power, LLC, on September 6, 2018.
Both EGUs are equipped with NOX emission-reduction controls
consisting of low NOX burners, overfire air systems, and
selective non-catalytic reduction (SNCR) systems. Prior to issuance of
Order RO-003, these EGUs were subject to a NOX emission
limit of 0.50 lbs per mmBTU based on a 24-hour calendar day average.
Order RO-003 lowers that limit to 0.25 lbs per mmBTU based on a 24-hour
calendar day average. New Hampshire set this emission rate to
correspond with low emission rates that were historically achieved on
days when the units operated for at least 18 hours. We are proposing
approval of New Hampshire's revised NOX emission limits for
units SR4 and SR6 as representing RACT for these EGUs.
2. Revised Single Source Order for Anheuser Busch
On April 26, 2018, New Hampshire submitted a revision to a
previously approved NOX RACT Order for Anheuser-Busch, LLC,
in Merrimack, NH, as a SIP revision request. The revised Order,
referred to as NOX RACT Order ARD-05-001, was last approved
into the New Hampshire SIP on November 5, 2012 (77 FR 66388), and was
re-issued with updates on January 17, 2018. The update consists of a
revision to the testing requirements for two boilers at the facility
such that future testing will be based on the fuel type that provided
most of the heat input to each boiler over the previous 12 months. This
is consistent with testing requirements that boilers are subject to
pursuant to federal maximum achievable control technology (MACT)
regulations. Additionally, this change will relieve the facility of
testing requirements when burning fuels that are seldom used. For
example, in some previous years, the boilers only burned oil during
annual performance testing for that fuel. We have reviewed New
Hampshire's changes to NOX RACT Order ARD-05-001 and agree
that they are appropriate for this facility and are, therefore,
proposing to approve the revised Order into the New Hampshire SIP.
3. Revised Single Source Order for Metal Works, Inc.
On September 4, 2018, New Hampshire submitted a revision to a
previously approved VOC RACT Order for Metal Works, Inc., in
Londonderry, NH, as a SIP revision request. The revised Order, referred
to as VOC RACT Order ARD-05-001, was last approved into the New
Hampshire SIP on November 5, 2012 (77 FR 66388), and was re-issued with
updates on August 16, 2018. Metal Works Inc. is a very small VOC source
with emissions just above the three ton per year threshold. The
revision made to its VOC RACT Order allows it to meet its RACT
obligation via the purchase of emission reduction credits generated by
other sources. New Hampshire estimates the source will need to make
minimal credit purchases each year of approximately 0.5 to 1.0 tons. We
have reviewed New Hampshire's revised VOC RACT Order for Metal Works
Inc. and agree that it represents RACT for the facility. Therefore, we
are proposing to approve it as a revision to the New Hampshire SIP.
4. Single Source Order for Polyonics, LLC
On October 10, 2018, New Hampshire submitted RACT Order ARD07-004
issued to Polyonics, Inc., located in Westmoreland, NH, as a SIP
revision request. Three coating lines are used at the facility in the
manufacture of pressure sensitive labeling materials, and VOC emissions
from the lines are controlled by catalytic oxidizers. New Hampshire
amended a previously issued RACT Order for the facility, which EPA
approved into the NH SIP on November 5, 2012 (77 FR 66388), to allow
the facility to generate and sell discrete emission reduction credits
to other facilities in the State. We have reviewed New Hampshire's
revised VOC RACT Order for Polyonics, Inc., and agree that it
represents RACT for the facility. Therefore, we are proposing to
approve it as a revision to the New Hampshire SIP.
5. Single Source Order for Complete Coverage Woodpriming, LLC
On April 25, 2019, New Hampshire submitted RACT Order RO-0004
issued
[[Page 33200]]
to Complete Coverage Woodpriming, LLC, in Allenstown, NH, as a SIP
revision request. The facility applies primer and coatings to trim
boards, clapboards, and other products in compliance with New
Hampshire's regulation Env-A 1214, Flat Wood Paneling Coatings, except
for one coating used as a stain blocker to prevent the tannic acid
within knots from bleeding through and discoloring the finished
product. The facility investigated use of a number of potential stain
blockers to meet its needs and to comply with Env-A 1214 but could not
find a satisfactory product. Considering this, New Hampshire issued
RACT Order RO-0004, which specified a maximum emission limit of 2.96
lbs VOC per gallon for stain block products. This will enable the
facility to continue using the stain block that meets its performance
specification needs. The facility is required to provide an annual
report to New Hampshire describing its efforts to find a lower emitting
stain block product.
6. Single Source RACT Order Withdrawals
On August 16, 2018, New Hampshire submitted a request that a
previously approved single-source RACT Order, Order ARD-95-003 issued
to the Waterville Valley Ski Resort, be withdrawn from the SIP. EPA
approved the RACT Order for the Waterville Valley Ski Resort on April
9, 1997 (62 FR 17087) into the New Hampshire SIP. The Order contains
NOX RACT requirements for internal combustion engines and
residential boilers used at the time by the facility. After New
Hampshire issued RACT Order ARD-95-003, the State issued a permit
pursuant to Env-A 610, General State Permits and General Permits Under
Title V, which contained requirements covering the internal combustion
engines at the facility. The permit capped NOX emissions at
less than 50 tons per year; the most recent NOX emissions
data available from the facility indicated only 2.2 tons of
NOX were emitted. Additionally, some of the equipment
initially subject to the NOX RACT Order have been
recategorized as emergency engines. New Hampshire reviewed the current
equipment and permits issued to the facility and determined that the
basis and conditions for the NOX RACT Order no longer exist,
and, therefore, requested that the Order be withdrawn from the New
Hampshire SIP.
On January 8, 2019, New Hampshire submitted a request that three
previously approved single-source RACT Orders be withdrawn from its
SIP. These include: Order ARD-94-001, issued to the L.W. Packard
Company; Order ARD-95-001, issued to Groveton Paperboard, Inc.; and
Order ARD-95-011, issued to the Hampshire Chemical Corporation. EPA
approved the RACT Order for L.W. Packard Company into the New Hampshire
SIP on March 10, 1998 (63 FR 11600). The facility ceased operation in
2008, and, therefore, New Hampshire requested the Order be withdrawn
from its SIP. EPA approved the RACT Order for Groveton Paperboard,
Inc., on April 9, 1997 (62 FR 17087), which also ceased operation in
2008, and, therefore, New Hampshire requested the Order be withdrawn
from its SIP. EPA approved the RACT Order for Hampshire Chemical
Corporation on May 13, 1998 (63 FR 26455). The facility ceased
operation in 2004, and, therefore, New Hampshire requested the Order be
withdrawn from its SIP.
On April 30, 2019, New Hampshire submitted a request that a
previously approved single-source RACT Order for the Concord Litho
Group be withdrawn from the SIP. EPA approved the Order, identified as
Order ARD-07-003, into the New Hampshire SIP on August 21, 2014 (79 FR
49462). The facility ceased operation in 2018, and, therefore, New
Hampshire requested the Order be withdrawn from its SIP.
III. Proposed Action
EPA is proposing to approve the following items into the New
Hampshire SIP: A single-source NOX RACT Order for Schiller
Station; a revised single-source NOX RACT Order for Anheuser
Busch; a revised single-source VOC RACT Order for Metal Works, Inc.; a
revised single-source VOC RACT Order for Polyonics, Inc.; and a single-
source VOC RACT Order for Complete Coverage Woodpriming, LLC. EPA also
is proposing to withdraw from the New Hampshire SIP previously approved
RACT Orders for the L.W. Packard Company; the Groveton Paperboard
Company; the Hampshire Chemical Company; the Waterville Valley Ski
Resort; and the Concord Litho Group, Inc. EPA is soliciting public
comments on the issues discussed in this notice or on other relevant
matters. These comments will be considered before taking final action.
Interested parties may participate in the Federal rulemaking procedure
by submitting written comments to this proposed rule by following the
instructions listed in the ADDRESSES section of this Federal Register.
IV. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the following items: A single-source NOX RACT
order for Schiller Station; a single-source NOX RACT Order
for Anheuser Busch; a single-source VOC RACT Order for Metal Works
Inc.; a single-source VOC RACT Order for Polyonics, Inc.; and a single-
source VOC RACT Order for Complete Coverage Wood Priming, LLC. 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).
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 proposed 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 proposed 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 expected to be 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);
[[Page 33201]]
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: July 3, 2019.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
[FR Doc. 2019-14838 Filed 7-11-19; 8:45 am]
BILLING CODE 6560-50-P
