Approval of the Clean Air Act, Section 112(l), Authority for Hazardous Air Pollutants: Asbestos Management and Control; State of New Hampshire Department of Environmental Services, 45770-45772 [2024-11422]
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Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 61 and 63
[EPA–R01–OAR–2022–0496; FRL–10522–
02–R1]
Approval of the Clean Air Act, Section
112(l), Authority for Hazardous Air
Pollutants: Asbestos Management and
Control; State of New Hampshire
Department of Environmental Services
Table of Contents
Environmental Protection
Agency (EPA).
ACTION: Final rule.
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
The Environmental Protection
Agency (EPA) is granting the New
Hampshire Department of
Environmental Services (NH DES) the
authority to implement and enforce the
state’s amended Asbestos Disposal Site
Rule in place of the National Emission
Standard for Asbestos provisions for
inactive waste disposal sites. NH DES’s
amended rule applies to all inactive
waste disposal sites that ceased
operation on or before July 9, 1981. This
approval makes the NH DES amended
Asbestos Disposal Site Rule federally
enforceable. This action is being taken
under the Clean Air Act (CAA).
DATES: This rule is effective on June 24,
2024. The incorporation by reference of
certain publications listed in the rule is
approved by the Director of the Federal
Register as of June 24, 2024.
ADDRESSES: The EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2022–0496. 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 Office, Office of Ecosystem
Protection, Air Permits, Toxics and
Indoor Programs Unit, 5 Post Office
Square—Suite 100, Boston, MA. The
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:
Liam Numrich, Air Permits, Toxics, and
I. Background and Purpose
On January 12, 2023 (88 FR 2057), the
EPA published a Notice of Proposed
Rulemaking (NPR) that proposed
approval of NH DES’s amended rules in
Env–Sw 2100, ‘‘Management and
Control of Asbestos Sites Not Operated
after July 9, 1981,’’ (Asbestos Disposal
Site Rule) effective September 1, 2018,
as a partial rule substitution for the
National Emission Standard for
Asbestos (Asbestos NESHAP).
Under CAA section 112(l), EPA may
approve state or local rules or programs
to be implemented and enforced in
place of certain otherwise applicable
Federal rules, emissions standards, or
requirements. The Federal regulations
governing EPA’s approval of state and
local rules or programs under section
112(l) are located at 40 CFR part 63,
subpart E. See 58 FR 62262 (November
26, 1993), as amended by 65 FR 55810
(September 14, 2000). Under these
regulations, a state air pollution control
agency has the option to request EPA’s
approval to substitute a state rule for the
applicable Federal rule (e.g., the
National Emission Standards for
Hazardous Air Pollutants). Upon
approval by EPA, the state agency is
authorized to implement and enforce its
rule in place of the Federal rule.
The EPA first promulgated standards
to regulate asbestos emissions on April
6, 1973 (see 38 FR 8826). These
standards have since been amended
several times and recodified in 40 CFR
part 61, subpart M. On June 28, 2002,
NH DES submitted a partial rule
substitution request to implement and
enforce its regulation Env–Wm 3900
titled ‘‘Management and Control of
Asbestos Disposal Sites Not Operated
After July 9, 1981’’ in lieu of some
sections of the Asbestos NESHAP as
they apply to certain inactive waste
disposal sites. On May 28, 2003, EPA
approved the NH DES’s earlier version
of the Asbestos Disposal Site Rule as a
partial rule substitution for the
AGENCY:
SUMMARY:
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Indoor Programs Branch, U.S.
Environmental Protection Agency, EPA
Region 1, 5 Post Office Square-Suite
100, Boston, MA 02109–3912, tel: (617)
918–1307, email: numrich.liam@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
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provisions of the Asbestos NESHAP at
40 CFR 61.151, which apply to inactive
waste disposal sites not operated after
July 9, 1981 (see 68 FR 31611). On
January 28, 2010, NH DES requested
approval of its readopted and recodified
rules pertaining to inactive waste
disposal sites in New Hampshire. On
January 11, 2013, EPA approved New
Hampshire’s readopted and recodified
rules in Env–Sw 2100 titled
‘‘Management and Control of Asbestos
Sites Not Operated After July 9, 1981,’’
effective as of February 16, 2010 (see 78
FR 2333).
NH DES enacted amendments to Env–
Sw 2100 in 2018. The purpose of these
amendments is to more effectively
address large quantities of asbestos
waste buried throughout Nashua and
Hudson, NH on residential, commercial,
and industrial properties. On December
29, 2021, NH DES requested EPA
approval to implement its amended
rules in Env–Sw 2100 as a partial
substitute for 40 CFR 61.01 through 40
CFR 61.18 (Subpart A, General
Provisions) and 40 CFR 61.151 (Subpart
M provisions applicable to inactive
asbestos disposal sites). NH DES seeks
to have the 2010 substituted rule
formally replaced with the 2018
amended Asbestos Disposal Site rule.
EPA has reviewed the State’s
submission and determined that the
amended Asbestos Disposal Site Rule is
no less stringent than the provisions of
the Asbestos NESHAP.
II. Response to Comments
We received two comments on the
proposed action in favor of finalizing
the proposal. The comments did not
identify any concerns specific to this
action. Therefore, the EPA will not
provide any further responses to these
comments.
III. Final Action
EPA is approving NH DES’s revised
Env–Sw 2100, ‘‘Management and
Control of Asbestos Disposal Sites Not
Operated After July 9, 1981,’’ effective
September 1, 2018, in place of the
Asbestos NESHAP provisions for
inactive waste disposal sites not
operated after July 9, 1981 as a partial
rule substitution for the same provisions
of 40 CFR 61.01 through 40 CFR 61.18
and 40 CFR 61.151.
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 Regulations at Env–Sw 2100:
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Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Rules and Regulations
‘‘Management and Control of Asbestos
Disposal Sites Not Operated after July 9,
1981,’’ effective September 1, 2018,
which establishes requirements for
managing asbestos disposal sites where
asbestos exists on or in the ground due
to dumping activities that ceased prior
to July 10, 1981. The EPA has made, and
will continue to make, these documents
generally available at the EPA Region 1
Office (please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
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V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator has the authority to
approve section 112(l) submissions that
comply with the provisions of the Act
and applicable Federal regulations. In
reviewing section 112(l) submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act and of EPA’s
implementing regulations. Accordingly,
this action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
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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 112(l) submission 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
40 CFR Part 61
Environmental protection, Air
pollution control, Administrative
practice and procedure, Arsenic,
Asbestos, Benzene, Beryllium,
Hazardous substances, Incorporation by
reference, Intergovernmental relations,
Mercury, Radioactive materials, Radon,
Reporting and recordkeeping
requirements, Uranium, Vinyl chloride.
40 CFR Part 63
Environmental protection, Air
pollution control, Administrative
practice and procedure, Business and
industry, Hazardous substances,
Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: May 17, 2024.
David Cash,
Regional Administrator, EPA Region 1.
For the reasons set out in the
preamble, title 40, CFR parts 61 and 63
of the Code of Federal Regulations is
amended as follows:
45771
state of New Hampshire must comply
with the New Hampshire Regulations at
Env–Sw 2100 (incorporated by
reference, see § 61.18).
*
*
*
*
*
■ 3. Amend § 61.18 by revising and
republishing paragraph (e)(1) to read as
follows:
§ 61.18
Incorporation by reference.
*
*
*
*
*
(e) * * * (1) State of New Hampshire,
New Hampshire Department of
Environmental Services. 29 Hazen
Drive, Concord, NH 03302–0095, (603)
271–3503, https://www.des.nh.gov/.
(i) New Hampshire Code of
Administrative Rules: Chapter Env–Sw
2100, Management and Control of
Asbestos Disposal Sites Not Operated
after July 9, 1981, effective September 1,
2018, (including a letter from Robert R.
Scott, Commissioner, Department of
Environmental Services, State of New
Hampshire, to David J. Alukonis,
Director, Office of Legislative Services,
dated October 23, 2018, certifying that
the enclosed rule, Env–Sw 2100, is the
official version of this rule), IBR
approved for § 61.04(c). (ii) New
Hampshire Code of Administrative
Rules: Chapter Env–A 1800, Asbestos
Management and Control, effective as of
May 5, 2017 (certified with June 23,
2017 letter from Clark B. Freise,
Assistant Commissioner, Department of
Environmental Services, State of New
Hampshire), as follows: Revision Notes
#1 and #2; Part Env–A 1801–1807,
excluding Env–A 1801.02(e), Env–A
1801.07, Env–A 1802.02, Env–A
1802.04, Env–A 1802.07–1802.09, Env–
A 1802.13, Env–A 1802.15–1802.17,
Env–A 1802.25, Env–A 1802.31, Env–A
1802.37, Env–A 1802.40, Env–A
1802.44, and Env–A 1803.05–1803.09;
and Appendices B, C, and D; IBR
approved for § 61.04(c).
*
*
*
*
*
PART 61—NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS
PART 63—NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR SOURCE
CATEGORIES
1. The authority citation for part 61
continues to read as follows:
■
■
4. The authority citation for part 63
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Authority: 42 U.S.C. 7401 et seq.
Subpart A—General Provisions
Subpart A—General Provisions
2. Amend § 61.04 by revising
paragraph (c)(1)(i) to read as follows:
■
§ 61.04
§ 63.14
■
Address.
*
*
*
*
*
(c) * * * (1) * * *
(i) Inactive waste disposal sites not
operated after July 9, 1981 within the
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5. Amend § 63.14 by revising
paragraph (n)(6)(i) to read as follows:
Incorporation by reference.
*
*
*
*
*
(n) * * *
(6)(i) New Hampshire Regulations at
Env–Sw 2100, Management and Control
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45772
Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Rules and Regulations
of Asbestos Disposal Sites Not Operated
after July 9, 1981, effective September 1,
2018, (including a letter from Robert R.
Scott, Commissioner, Department of
Environmental Services, State of New
Hampshire, to David J. Alukonis,
Director, Office of Legislative Services,
dated October 23, 2018, certifying that
the enclosed rule, Env–Sw 2100, is the
official version of this rule),IBR
approved for § 63.99(a).
*
*
*
*
*
This rule is effective on May 28,
2024. The amendments adding 46 CFR
541.6 (instruction 2) and 541.99
(instruction 3), published on February
26, 2024 (89 FR 14330), are effective on
May 28, 2024.
DATES:
[FR Doc. C1–2024–10515 Filed 5–23–24; 8:45 am]
BILLING CODE 0099–10–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Subpart E—Approval of State
Programs and Delegation of Federal
Authorities
49 CFR Parts 80 and 260
6. Amend § 63.99 by revising
paragraph (a)(30)(iii) to read as follows:
[Docket Number DOT–OST–2024–0006]
■
§ 63.99
Delegated Federal authorities.
*
*
*
*
*
(a) * * *
(30) * * *
(iii) Affected inactive waste disposal
sites not operated after July 9, 1981
within New Hampshire must comply
with New Hampshire Regulations
Chapter Env–Sw 2100: Management and
Control of Asbestos Disposal Sites Not
Operated after July 9, 1981, effective
September 1, 2018 (incorporated by
reference, see § 63.14) as described in
paragraph (a)(30)(iii)(A) of this section:
(A) The material incorporated by
reference from Chapter Env–Sw 2100,
Management and Control of Asbestos
Disposal Sites Not Operated after July 9,
1981, pertains to inactive waste disposal
sites not operated after July 9, 1981 in
the State of New Hampshire’s
jurisdiction, and has been approved
under the procedures in § 63.93 to be
implemented and enforced in place of
the Federal NESHAPs for Inactive Waste
Disposal Sites (40 CFR 61.151).
(B) [Reserved]
*
*
*
*
*
[FR Doc. 2024–11422 Filed 5–23–24; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL MARITIME COMMISSION
46 CFR Part 541
[Docket No. FMC–2022–0066]
RIN 3072–AC90
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Demurrage and Detention Billing
Requirements
Correction
In rule document 2024–10515
appearing on page 41895 in the issue of
Tuesday, May 14, 2024, make the
following correction:
In the second column, starting in the
twenty-eighth line, the DATES section is
corrected to read:
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RIN 2105–AE69
Railroad Rehabilitation and
Improvement Financing Program and
Transportation Infrastructure Finance
and Innovation Act Program
Regulations
Office of the Secretary of
Transportation, Department of
Transportation.
ACTION: Final rule.
AGENCY:
In this final rule, the
Department of Transportation
(Department) amends the Railroad
Rehabilitation and Improvement
Financing and Transportation
Infrastructure Finance and Innovation
Act program regulations to implement
provisions of the Infrastructure
Investment and Jobs Act and make other
necessary updates.
DATES: Effective Date: This rule is
effective on June 24, 2024.
FOR FURTHER INFORMATION CONTACT:
Morteza Farajian, Executive Director,
National Surface Transportation and
Innovative Finance Bureau, 1200 New
Jersey Avenue SE, Washington, DC
20590, (202) 366–2300, email at
BuildAmerica@dot.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Introduction and Background
II. Public Comments on the Notice of
Proposed Rulemaking and DOT’s
Responses
A. Interest Rate Setting for TIFIA and RRIF
Obligations With a Long Tenor
B. Interest Rate Spread on RRIF Direct
Loans and Loan Guarantees With a
Positive CRP
C. Inclusion in Transportation Plans and
Programs
III. Regulatory Review
A. Executive Orders 12866, 13563, and
14094
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act of 1995
E. Executive Order 12988
F. Executive Order 13175
G. Executive Order 13132
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I. Introduction and Background
This final rule establishes additional
policies and procedures for the Railroad
Rehabilitation and Improvement
Financing (RRIF) program authorized by
title V of the Railroad Revitalization and
Regulatory Reform Act of 1976, as
amended (49 U.S.C. Ch. 224; the RRIF
Act) and the Transportation
Infrastructure Finance and Innovation
Act (TIFIA) program authorized by the
Transportation Infrastructure Finance
and Innovation Act of 1998, as amended
(23 U.S.C. Ch. 6; the TIFIA Act). The
RRIF Act authorizes the Secretary of
Transportation (Secretary) to make
direct loans and loan guarantees for
eligible projects that meet enumerated
criteria, and the TIFIA Act authorizes
the Secretary to issue secured loans,
loan guarantees, and lines of credit for
eligible projects that meet statutory
factors.
On January 25, 2024, the Department
published a notice of proposed
rulemaking (89 FR 4880; NPRM) that
proposed to amend the RRIF and TIFIA
program regulations to implement
provisions of the Infrastructure
Investment and Jobs Act (IIJA) and make
other necessary updates. Having
considered all comments submitted to
DOT in response to the NPRM, the
Department is issuing this final rule that
adopts the proposal without change.
II. Public Comments on the Notice of
Proposed Rulemaking and DOT’s
Responses
DOT received comments on the
NPRM from nine interested parties. The
Department carefully reviewed all
comments it received. In sections II.A.C. of the preamble to this final rule, the
Department summarizes the areas of the
NPRM on which it received public
comment and discusses DOT’s
responses to those comments.
A. Interest Rate Setting for TIFIA and
RRIF Obligations With a Long Tenor
In the NPRM, DOT proposed to
require an interest rate spread on any
RRIF or TIFIA obligation if the United
States Treasury does not post the yield
for securities of a similar maturity on
the date of execution of the loan
agreement. The spread would be
applied to any RRIF or TIFIA loan that
has both: (1) a final maturity date more
than 35 years after the date of
substantial completion of the project;
and (2) a loan term—the period
beginning on the date of execution of
the loan agreement and ending on the
final maturity date—of more than 40
years. The interest rate would be equal
to the rate on thirty-to-forty-year State
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]]>Agencies
[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Rules and Regulations]
[Pages 45770-45772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11422]
[[Page 45770]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 61 and 63
[EPA-R01-OAR-2022-0496; FRL-10522-02-R1]
Approval of the Clean Air Act, Section 112(l), Authority for
Hazardous Air Pollutants: Asbestos Management and Control; State of New
Hampshire Department of Environmental Services
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is granting the New
Hampshire Department of Environmental Services (NH DES) the authority
to implement and enforce the state's amended Asbestos Disposal Site
Rule in place of the National Emission Standard for Asbestos provisions
for inactive waste disposal sites. NH DES's amended rule applies to all
inactive waste disposal sites that ceased operation on or before July
9, 1981. This approval makes the NH DES amended Asbestos Disposal Site
Rule federally enforceable. This action is being taken under the Clean
Air Act (CAA).
DATES: This rule is effective on June 24, 2024. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register as of June 24, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R01-OAR-2022-0496. 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 Office, Office of Ecosystem Protection, Air Permits, Toxics
and Indoor Programs Unit, 5 Post Office Square--Suite 100, Boston, MA.
The 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: Liam Numrich, Air Permits, Toxics, and
Indoor Programs Branch, U.S. Environmental Protection Agency, EPA
Region 1, 5 Post Office Square-Suite 100, Boston, MA 02109-3912, tel:
(617) 918-1307, email: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On January 12, 2023 (88 FR 2057), the EPA published a Notice of
Proposed Rulemaking (NPR) that proposed approval of NH DES's amended
rules in Env-Sw 2100, ``Management and Control of Asbestos Sites Not
Operated after July 9, 1981,'' (Asbestos Disposal Site Rule) effective
September 1, 2018, as a partial rule substitution for the National
Emission Standard for Asbestos (Asbestos NESHAP).
Under CAA section 112(l), EPA may approve state or local rules or
programs to be implemented and enforced in place of certain otherwise
applicable Federal rules, emissions standards, or requirements. The
Federal regulations governing EPA's approval of state and local rules
or programs under section 112(l) are located at 40 CFR part 63, subpart
E. See 58 FR 62262 (November 26, 1993), as amended by 65 FR 55810
(September 14, 2000). Under these regulations, a state air pollution
control agency has the option to request EPA's approval to substitute a
state rule for the applicable Federal rule (e.g., the National Emission
Standards for Hazardous Air Pollutants). Upon approval by EPA, the
state agency is authorized to implement and enforce its rule in place
of the Federal rule.
The EPA first promulgated standards to regulate asbestos emissions
on April 6, 1973 (see 38 FR 8826). These standards have since been
amended several times and recodified in 40 CFR part 61, subpart M. On
June 28, 2002, NH DES submitted a partial rule substitution request to
implement and enforce its regulation Env-Wm 3900 titled ``Management
and Control of Asbestos Disposal Sites Not Operated After July 9,
1981'' in lieu of some sections of the Asbestos NESHAP as they apply to
certain inactive waste disposal sites. On May 28, 2003, EPA approved
the NH DES's earlier version of the Asbestos Disposal Site Rule as a
partial rule substitution for the provisions of the Asbestos NESHAP at
40 CFR 61.151, which apply to inactive waste disposal sites not
operated after July 9, 1981 (see 68 FR 31611). On January 28, 2010, NH
DES requested approval of its readopted and recodified rules pertaining
to inactive waste disposal sites in New Hampshire. On January 11, 2013,
EPA approved New Hampshire's readopted and recodified rules in Env-Sw
2100 titled ``Management and Control of Asbestos Sites Not Operated
After July 9, 1981,'' effective as of February 16, 2010 (see 78 FR
2333).
NH DES enacted amendments to Env-Sw 2100 in 2018. The purpose of
these amendments is to more effectively address large quantities of
asbestos waste buried throughout Nashua and Hudson, NH on residential,
commercial, and industrial properties. On December 29, 2021, NH DES
requested EPA approval to implement its amended rules in Env-Sw 2100 as
a partial substitute for 40 CFR 61.01 through 40 CFR 61.18 (Subpart A,
General Provisions) and 40 CFR 61.151 (Subpart M provisions applicable
to inactive asbestos disposal sites). NH DES seeks to have the 2010
substituted rule formally replaced with the 2018 amended Asbestos
Disposal Site rule. EPA has reviewed the State's submission and
determined that the amended Asbestos Disposal Site Rule is no less
stringent than the provisions of the Asbestos NESHAP.
II. Response to Comments
We received two comments on the proposed action in favor of
finalizing the proposal. The comments did not identify any concerns
specific to this action. Therefore, the EPA will not provide any
further responses to these comments.
III. Final Action
EPA is approving NH DES's revised Env-Sw 2100, ``Management and
Control of Asbestos Disposal Sites Not Operated After July 9, 1981,''
effective September 1, 2018, in place of the Asbestos NESHAP provisions
for inactive waste disposal sites not operated after July 9, 1981 as a
partial rule substitution for the same provisions of 40 CFR 61.01
through 40 CFR 61.18 and 40 CFR 61.151.
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 Regulations at Env-Sw 2100:
[[Page 45771]]
``Management and Control of Asbestos Disposal Sites Not Operated after
July 9, 1981,'' effective September 1, 2018, which establishes
requirements for managing asbestos disposal sites where asbestos exists
on or in the ground due to dumping activities that ceased prior to July
10, 1981. The EPA has made, and will continue to make, these documents
generally available 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 has the authority to
approve section 112(l) submissions that comply with the provisions of
the Act and applicable Federal regulations. In reviewing section 112(l)
submissions, EPA's role is to approve state choices, provided that they
meet the criteria of the Clean Air Act and of EPA's implementing
regulations. Accordingly, this action merely approves state law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the 112(l) submission 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
40 CFR Part 61
Environmental protection, Air pollution control, Administrative
practice and procedure, Arsenic, Asbestos, Benzene, Beryllium,
Hazardous substances, Incorporation by reference, Intergovernmental
relations, Mercury, Radioactive materials, Radon, Reporting and
recordkeeping requirements, Uranium, Vinyl chloride.
40 CFR Part 63
Environmental protection, Air pollution control, Administrative
practice and procedure, Business and industry, Hazardous substances,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: May 17, 2024.
David Cash,
Regional Administrator, EPA Region 1.
For the reasons set out in the preamble, title 40, CFR parts 61 and
63 of the Code of Federal Regulations is amended as follows:
PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
0
1. The authority citation for part 61 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A--General Provisions
0
2. Amend Sec. 61.04 by revising paragraph (c)(1)(i) to read as
follows:
Sec. 61.04 Address.
* * * * *
(c) * * * (1) * * *
(i) Inactive waste disposal sites not operated after July 9, 1981
within the state of New Hampshire must comply with the New Hampshire
Regulations at Env-Sw 2100 (incorporated by reference, see Sec.
61.18).
* * * * *
0
3. Amend Sec. 61.18 by revising and republishing paragraph (e)(1) to
read as follows:
Sec. 61.18 Incorporation by reference.
* * * * *
(e) * * * (1) State of New Hampshire, New Hampshire Department of
Environmental Services. 29 Hazen Drive, Concord, NH 03302-0095, (603)
271-3503, https://www.des.nh.gov/.
(i) New Hampshire Code of Administrative Rules: Chapter Env-Sw
2100, Management and Control of Asbestos Disposal Sites Not Operated
after July 9, 1981, effective September 1, 2018, (including a letter
from Robert R. Scott, Commissioner, Department of Environmental
Services, State of New Hampshire, to David J. Alukonis, Director,
Office of Legislative Services, dated October 23, 2018, certifying that
the enclosed rule, Env-Sw 2100, is the official version of this rule),
IBR approved for Sec. 61.04(c). (ii) New Hampshire Code of
Administrative Rules: Chapter Env-A 1800, Asbestos Management and
Control, effective as of May 5, 2017 (certified with June 23, 2017
letter from Clark B. Freise, Assistant Commissioner, Department of
Environmental Services, State of New Hampshire), as follows: Revision
Notes #1 and #2; Part Env-A 1801-1807, excluding Env-A 1801.02(e), Env-
A 1801.07, Env-A 1802.02, Env-A 1802.04, Env-A 1802.07-1802.09, Env-A
1802.13, Env-A 1802.15-1802.17, Env-A 1802.25, Env-A 1802.31, Env-A
1802.37, Env-A 1802.40, Env-A 1802.44, and Env-A 1803.05-1803.09; and
Appendices B, C, and D; IBR approved for Sec. 61.04(c).
* * * * *
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
0
4. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A--General Provisions
0
5. Amend Sec. 63.14 by revising paragraph (n)(6)(i) to read as
follows:
Sec. 63.14 Incorporation by reference.
* * * * *
(n) * * *
(6)(i) New Hampshire Regulations at Env-Sw 2100, Management and
Control
[[Page 45772]]
of Asbestos Disposal Sites Not Operated after July 9, 1981, effective
September 1, 2018, (including a letter from Robert R. Scott,
Commissioner, Department of Environmental Services, State of New
Hampshire, to David J. Alukonis, Director, Office of Legislative
Services, dated October 23, 2018, certifying that the enclosed rule,
Env-Sw 2100, is the official version of this rule),IBR approved for
Sec. 63.99(a).
* * * * *
Subpart E--Approval of State Programs and Delegation of Federal
Authorities
0
6. Amend Sec. 63.99 by revising paragraph (a)(30)(iii) to read as
follows:
Sec. 63.99 Delegated Federal authorities.
* * * * *
(a) * * *
(30) * * *
(iii) Affected inactive waste disposal sites not operated after
July 9, 1981 within New Hampshire must comply with New Hampshire
Regulations Chapter Env-Sw 2100: Management and Control of Asbestos
Disposal Sites Not Operated after July 9, 1981, effective September 1,
2018 (incorporated by reference, see Sec. 63.14) as described in
paragraph (a)(30)(iii)(A) of this section:
(A) The material incorporated by reference from Chapter Env-Sw
2100, Management and Control of Asbestos Disposal Sites Not Operated
after July 9, 1981, pertains to inactive waste disposal sites not
operated after July 9, 1981 in the State of New Hampshire's
jurisdiction, and has been approved under the procedures in Sec. 63.93
to be implemented and enforced in place of the Federal NESHAPs for
Inactive Waste Disposal Sites (40 CFR 61.151).
(B) [Reserved]
* * * * *
[FR Doc. 2024-11422 Filed 5-23-24; 8:45 am]
BILLING CODE 6560-50-P
