Air Plan Approval; New Hampshire; Single Source Order for PSI Molded Plastics, 39489-39491 [2020-12957]
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Federal Register / Vol. 85, No. 127 / Wednesday, July 1, 2020 / Rules and Regulations
Table of Contents
ENVIRONMENTAL PROTECTION
AGENCY
I. Background and Purpose
II. Response to Comment
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
40 CFR Part 52
[EPA–R01–OAR–2020–0029; FRL–10010–
90–Region 1]
Air Plan Approval; New Hampshire;
Single Source Order for PSI Molded
Plastics
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of New
Hampshire. The revision consists of a
single source Order that New
Hampshire issued to PSI Molded
Plastics defining reasonably available
control technology (RACT) requirements
for the facility. This action is being
taken under the Clean Air Act.
DATES: This rule is effective on July 31,
2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2020–0029. 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, Air and
Radiation Division, 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 and
facility closures due to COVID–19.
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.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
SUMMARY:
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I. Background and Purpose
On February 14, 2020, EPA published
a Notice of Proposed Rulemaking
(NPRM) (see 85 FR 8520) with an
associated Direct Final Rule (DFR) (see
85 FR 8408) for the State of New
Hampshire. The DFR approved a single
source RACT Order for PSI Molded
Plastics in Wolfeboro, identified as
RACT Order RO–0005. We received one,
relevant adverse comment on that
action, and so withdrew the DFR via a
Withdrawal Notice published on April
10, 2020. See 85 FR 20165. Other
specific requirements of the State’s
submittals and the rationale for EPA’s
proposed action are explained in the
NPRM and will not be restated here.
Our response to the adverse comment
on the NPRM is summarized and
responded to in section II below.
II. Response to Comment
We received one relevant, adverse
comment on the NPRM. A summary of
the comment, and our response, follows.
Comment: EPA must explain how this
RACT bubble order complies with past
EPA guidance. Particularly how
allowing this bubble with a month long
compliance time frame complies with
guidance for VOCs that prescribes no
longer than 24 hour averages. The
attached guidance identifies four
principles that must be honored and
identifies a list of five items that, as the
guidance specifically states, must be
included in detail in the SIP submission.
It does not appear EPA is following its
own guidance in this case, please
explain how the SIP submission
identified, in detail, the list of five items
to ensure compliance with this
guidance.
Response: First, we note that the
commenter does not specify specific
changes that should be made to the
Order. The EPA guidance referenced by
the commenter was issued on January
20, 1984, and is entitled, ‘‘Averaging
Times for Compliance with VOC
Emission Limits—SIP Revision Policy,’’
herein referred to as the January 1984
guidance. A copy of this guidance is
included within the Docket for this
action. EPA created the January 1984
guidance to assist states that had
nonattainment areas for the 1979 onehour ozone standard with the
development of VOC control
requirements to help meet that standard.
We note that New Hampshire’s current
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Sfmt 4700
39489
obligation to implement RACT stems
not from its status as a nonattainment
area,1 but rather from its inclusion
within the Ozone Transport Region
established by section 184 of the CAA.
Although the January 1984 guidance
was issued under a prior ozone
standard, its general concepts are still
applicable to the control of VOCs, and
RACT Order RO–0005 issued by New
Hampshire to PSI Molded Plastics
adheres to the concepts espoused by
that guidance. Put another way, EPA has
determined that the SIP revision that we
are approving with this final action
comports with the guidance document
cited by commenter.
The January 1984 guidance articulates
a preference for short term, 24-hour or
less averaging times for VOC
regulations, but acknowledges the use of
longer time frames may be appropriate
if certain conditions are met such as a
demonstration that the application of
RACT on each emission point, line,
machine, etc, is not economically or
technically feasible. The facility
submitted documentation, which is
included within the Docket, to New
Hampshire that traditional VOC control
options, such as the installation of
capture and control systems, was not
economically feasible. Therefore, RACT
Order RO–0005 allows the facility to use
a bubbling methodology with monthly
averaging times 2 and is consistent with
the conditions outlined within EPA’s
January 1984 guidance for when longer
term averaging times should be
considered. The commenter points to
‘‘the list of five items to ensure
compliance with the guidance.’’
Presumably, this is a reference to the
five items listed on page 3 of the January
1984 guidance. The Order for PSI
Molded Plastics, which is included in
the Docket for this action, is consistent
with these 5 items in that it:
1. Contains VOC emission limits in an
enforceable form (section D1 of the
order contains limits in units of lbs. of
VOC per gallon of coating, as applied,
excluding water and exempt
compounds) with an appropriate
compliance date (the Order was
effective upon its issuance on 11/20/
2019);
2. Contains a description of affected
processes (section C1 of the Order
describes the affected metal and plastic
parts coating process at the facility) and
historical production and operating
1 EPA designated all portions of New Hampshire
as attainment of the 2015 and 2008 ozone standards
(see 82 FR 54232, and 77 FR 30088, respectively).
2 Although monthly averaging periods would for
some months be 31 days, EPA finds this is a minor
acceptable accommodation since the Order
comports with our guidance.
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Federal Register / Vol. 85, No. 127 / Wednesday, July 1, 2020 / Rules and Regulations
rates (contained within support material
submitted with the Order, which have
been added the Docket);
3. Contains a description of control
techniques (sections D1–5 of the Order
describe the applicable emission limits
and compliance calculation
methodologies the source is to follow);
4. Contains a description of the nature
of the control program (sections D1–5
provides that emissions be controlled by
VOC content limits for coatings used by
the facility), and;
5. Outlines recordkeeping and
reporting requirements that will be used
to demonstrate compliance (Part 6 of the
Order contains recordkeeping and
reporting requirements).3 Therefore, as
noted within our February 14, 2020
Direct Final Rule referenced above, we
believe that New Hampshire’s
allowance for the facility to demonstrate
compliance using a weighted averaging
technique (bubble calculation)
described within RACT Order RO–0005,
on a monthly basis, is an acceptable,
enforceable approach, and we are
therefore approving the Order into the
New Hampshire SIP. In conclusion, we
note that the 1984 guidance referenced
by the commenter references 4
principles from which the 5 criteria
mentioned above are derived. Since the
SIP submittal addresses all 5 items, it
therefore meets the 4 principles and
thus comports with the guidance.
III. Final Action
We are approving a RACT Order RO–
0005 for PSI Molded Plastics in
Wolfeboro, into the New Hampshire
SIP.
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 New
Hampshire RACT Order RO–0005, dated
November 20, 2019, described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these materials
generally available through https://
www.regulations.gov (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
3 Item 5 also references a showing that the
emission limits are consistent with the reasonable
further progress plan and attainment
demonstration, but as an attainment area, New
Hampshire is not required to prepare those plans.
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Jkt 250001
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.4
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);
• 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
4 62
PO 00000
• 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. Section 804,
however, exempts from section 801 the
following types of rules: Rules of
particular applicability; rules relating to
agency management or personnel; and
rules of agency organization, procedure,
or practice that do not substantially
affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because
this is a rule of particular applicability,
EPA is not required to submit a rule
report regarding this action under
section 801.
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 August 31, 2020.
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, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
FR 27968 (May 22, 1997).
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Federal Register / Vol. 85, No. 127 / Wednesday, July 1, 2020 / Rules and Regulations
Dated: June 10, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
Subpart EE—New Hampshire
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
2. In § 52.1520, amend paragraph (d)
by adding an entry in the table for ‘‘PSI
Molded Plastics’’ at the end of the table,
to read as follows:
■
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
§ 52.1520
*
Identification of plan.
*
*
(d) * * *
*
*
EPA-APPROVED NEW HAMPSHIRE SOURCE SPECIFIC REQUIREMENTS
Name of source
Permit No.
*
*
PSI Molded Plastics ........................
*
RO–0005 .......
State
effective
date
11/20/2019
Additional explanations/§ 52.1535
citation
EPA approval date 2
*
*
7/1/2020 [Insert Federal Register
citation].
*
VOC RACT Order.
*
2 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
[FR Doc. 2020–12957 Filed 6–30–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2019–0046; FRL–10009–25]
Cyflumetofen; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of cyflumetofen
in or on multiple commodities which
are identified and discussed later in this
document. Interregional Research
Project Number 4 (IR–4) requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective July
1, 2020. Objections and requests for
hearings must be received on or before
August 31, 2020 and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2019–0046, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
SUMMARY:
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17:21 Jun 30, 2020
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holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
Please note that due to the public
health emergency, the EPA Docket
Center (EPA/DC) and Reading Room
was closed to public visitors on March
31, 2020. Our EPA/DC staff will
continue to provide customer service
via email, phone, and webform. For
further information on EPA/DC services,
docket contact information and the
current status of the EPA/DC and
Reading Room, please visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
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Frm 00031
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• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2019–0046 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing and must be received
by the Hearing Clerk on or before
August 31, 2020. Addresses for mail and
hand delivery of objections and hearing
requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
E:\FR\FM\01JYR1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 127 (Wednesday, July 1, 2020)]
[Rules and Regulations]
[Pages 39489-39491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12957]
[[Page 39489]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2020-0029; FRL-10010-90-Region 1]
Air Plan Approval; New Hampshire; Single Source Order for PSI
Molded Plastics
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of New
Hampshire. The revision consists of a single source Order that New
Hampshire issued to PSI Molded Plastics defining reasonably available
control technology (RACT) requirements for the facility. This action is
being taken under the Clean Air Act.
DATES: This rule is effective on July 31, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2020-0029. 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, Air and Radiation Division, 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 and facility closures due to COVID-19.
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.
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 Comment
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On February 14, 2020, EPA published a Notice of Proposed Rulemaking
(NPRM) (see 85 FR 8520) with an associated Direct Final Rule (DFR) (see
85 FR 8408) for the State of New Hampshire. The DFR approved a single
source RACT Order for PSI Molded Plastics in Wolfeboro, identified as
RACT Order RO-0005. We received one, relevant adverse comment on that
action, and so withdrew the DFR via a Withdrawal Notice published on
April 10, 2020. See 85 FR 20165. Other specific requirements of the
State's submittals and the rationale for EPA's proposed action are
explained in the NPRM and will not be restated here. Our response to
the adverse comment on the NPRM is summarized and responded to in
section II below.
II. Response to Comment
We received one relevant, adverse comment on the NPRM. A summary of
the comment, and our response, follows.
Comment: EPA must explain how this RACT bubble order complies with
past EPA guidance. Particularly how allowing this bubble with a month
long compliance time frame complies with guidance for VOCs that
prescribes no longer than 24 hour averages. The attached guidance
identifies four principles that must be honored and identifies a list
of five items that, as the guidance specifically states, must be
included in detail in the SIP submission. It does not appear EPA is
following its own guidance in this case, please explain how the SIP
submission identified, in detail, the list of five items to ensure
compliance with this guidance.
Response: First, we note that the commenter does not specify
specific changes that should be made to the Order. The EPA guidance
referenced by the commenter was issued on January 20, 1984, and is
entitled, ``Averaging Times for Compliance with VOC Emission Limits--
SIP Revision Policy,'' herein referred to as the January 1984 guidance.
A copy of this guidance is included within the Docket for this action.
EPA created the January 1984 guidance to assist states that had
nonattainment areas for the 1979 one-hour ozone standard with the
development of VOC control requirements to help meet that standard. We
note that New Hampshire's current obligation to implement RACT stems
not from its status as a nonattainment area,\1\ but rather from its
inclusion within the Ozone Transport Region established by section 184
of the CAA. Although the January 1984 guidance was issued under a prior
ozone standard, its general concepts are still applicable to the
control of VOCs, and RACT Order RO-0005 issued by New Hampshire to PSI
Molded Plastics adheres to the concepts espoused by that guidance. Put
another way, EPA has determined that the SIP revision that we are
approving with this final action comports with the guidance document
cited by commenter.
---------------------------------------------------------------------------
\1\ EPA designated all portions of New Hampshire as attainment
of the 2015 and 2008 ozone standards (see 82 FR 54232, and 77 FR
30088, respectively).
---------------------------------------------------------------------------
The January 1984 guidance articulates a preference for short term,
24-hour or less averaging times for VOC regulations, but acknowledges
the use of longer time frames may be appropriate if certain conditions
are met such as a demonstration that the application of RACT on each
emission point, line, machine, etc, is not economically or technically
feasible. The facility submitted documentation, which is included
within the Docket, to New Hampshire that traditional VOC control
options, such as the installation of capture and control systems, was
not economically feasible. Therefore, RACT Order RO-0005 allows the
facility to use a bubbling methodology with monthly averaging times \2\
and is consistent with the conditions outlined within EPA's January
1984 guidance for when longer term averaging times should be
considered. The commenter points to ``the list of five items to ensure
compliance with the guidance.'' Presumably, this is a reference to the
five items listed on page 3 of the January 1984 guidance. The Order for
PSI Molded Plastics, which is included in the Docket for this action,
is consistent with these 5 items in that it:
---------------------------------------------------------------------------
\2\ Although monthly averaging periods would for some months be
31 days, EPA finds this is a minor acceptable accommodation since
the Order comports with our guidance.
---------------------------------------------------------------------------
1. Contains VOC emission limits in an enforceable form (section D1
of the order contains limits in units of lbs. of VOC per gallon of
coating, as applied, excluding water and exempt compounds) with an
appropriate compliance date (the Order was effective upon its issuance
on 11/20/2019);
2. Contains a description of affected processes (section C1 of the
Order describes the affected metal and plastic parts coating process at
the facility) and historical production and operating
[[Page 39490]]
rates (contained within support material submitted with the Order,
which have been added the Docket);
3. Contains a description of control techniques (sections D1-5 of
the Order describe the applicable emission limits and compliance
calculation methodologies the source is to follow);
4. Contains a description of the nature of the control program
(sections D1-5 provides that emissions be controlled by VOC content
limits for coatings used by the facility), and;
5. Outlines recordkeeping and reporting requirements that will be
used to demonstrate compliance (Part 6 of the Order contains
recordkeeping and reporting requirements).\3\ Therefore, as noted
within our February 14, 2020 Direct Final Rule referenced above, we
believe that New Hampshire's allowance for the facility to demonstrate
compliance using a weighted averaging technique (bubble calculation)
described within RACT Order RO-0005, on a monthly basis, is an
acceptable, enforceable approach, and we are therefore approving the
Order into the New Hampshire SIP. In conclusion, we note that the 1984
guidance referenced by the commenter references 4 principles from which
the 5 criteria mentioned above are derived. Since the SIP submittal
addresses all 5 items, it therefore meets the 4 principles and thus
comports with the guidance.
---------------------------------------------------------------------------
\3\ Item 5 also references a showing that the emission limits
are consistent with the reasonable further progress plan and
attainment demonstration, but as an attainment area, New Hampshire
is not required to prepare those plans.
---------------------------------------------------------------------------
III. Final Action
We are approving a RACT Order RO-0005 for PSI Molded Plastics in
Wolfeboro, into the New Hampshire SIP.
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 New
Hampshire RACT Order RO-0005, dated November 20, 2019, described in the
amendments to 40 CFR part 52 set forth below. The EPA has made, and
will continue to make, these materials generally available through
https://www.regulations.gov (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.\4\
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\4\ 62 FR 27968 (May 22, 1997).
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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);
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. Section 804, however, exempts from section 801 the
following types of rules: Rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3).
Because this is a rule of particular applicability, EPA is not required
to submit a rule report regarding this action under section 801.
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 August 31, 2020. 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, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
[[Page 39491]]
Dated: June 10, 2020.
Dennis Deziel,
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. In Sec. 52.1520, amend paragraph (d) by adding an entry in the
table for ``PSI Molded Plastics'' at the end of the table, to read as
follows:
Sec. 52.1520 Identification of plan.
* * * * *
(d) * * *
EPA-Approved New Hampshire Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
State Additional
Name of source Permit No. effective EPA approval date explanations/Sec.
date \2\ 52.1535 citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
PSI Molded Plastics............. RO-0005............... 11/20/2019 7/1/2020 [Insert VOC RACT Order.
Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
\2\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
[FR Doc. 2020-12957 Filed 6-30-20; 8:45 am]
BILLING CODE 6560-50-P
