56556 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Proposed Rules 

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 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

David Talley, (215) 814–2117, or by 

email at talley.david@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the Rules and Regulations 

section of this Federal Register 

publication. 

Dated: August 9, 2016. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

[FR Doc. 2016–19768 Filed 8–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2016–0285; A–1–FRL– 

9951–07–Region 1] 

Air Plan Approval; New Hampshire; 

Rules for Reducing Particulate 

Emissions 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

State Implementation Plan (SIP) 

revisions submitted by the State of New 

Hampshire on March 31, 2011 and on 

July 23, 2013. These SIP revisions 

establish particulate matter (PM) and 

visible emissions (VE) standards for the 

following sources: foundries, smelters, 

and investment casting operations; hot 

mix asphalt plants; and sand and gravel 

sources, non-metallic mineral 

processing plants, and cement and 

concrete sources. In addition, EPA is 

proposing to approve a part of a SIP 

revision submitted by New Hampshire 

on March 12, 2003 that establishes 

procedures for testing opacity of 

emissions (i.e., VE). This action is being 

taken under the Clean Air Act. 

DATES: Written comments must be 

received on or before September 21, 

2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2016–0285 at http://

www.regulations.gov, or via email to 

Arnold.Anne@epa.gov. 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 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Alison C. Simcox, Air Quality Planning 

Unit, Air Programs Branch (Mail Code 

OEP05–02), U.S. Environmental 

Protection Agency, Region 1, 5 Post 

Office Square, Suite 100, Boston, 

Massachusetts 02109–3912; (617) 918– 

1684; simcox.alison@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background and Purpose 

II. EPA’s Evaluation of New Hampshire’s SIP 

Revisions 

III. Proposed Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background and Purpose 

On March 31, 2011, New Hampshire 

Department of Environmental Services 

(NH DES) submitted a State 

Implementation Plan (SIP) revision, 

which included a regulation entitled 

‘‘Sand and Gravel Sources; Non-Metallic 

Mineral Processing Plants; Cement and 

Concrete Sources’’ (New Hampshire 

Code of Administrative Rules Chapter 

(Env-A 2800)). 

On July 23, 2013, NH DES submitted 

SIP revisions which included the 

following three regulations: ‘‘Particulate 

Matter and Visible Emissions 

Standards’’ (Env-A 2100); ‘‘Ferrous and 

Non-Ferrous Foundries, Smelters, and 

Investment Casting Operations’’ (Env-A 

2400); and ‘‘Hot Mix Asphalt Plants’’ 

(Env-A 2700). 

The four submitted regulations (EnvA 2100, 2400, 2700, and 2800) state that 

opacity shall be determined in 

accordance with test methods 

established in Env-A 807. On March 12, 

2003, the NH DES submitted Env-A 800, 

‘‘Testing and Monitoring Procedures,’’ 

which included Part Env-A 807. On 

November 5, 2012, EPA approved EnvA 800 as submitted in March 2003 and 

revised on July 9, 2007. Although the 

March 2003 submittal included Env-A 

807, the July 2007 submittal did not. 

The November 2012 approval did not 

take action with regard to Env-A 807. 

See 77 FR 66388. Therefore, Env-A 807 

submitted on March 12, 2003 is still 

pending before EPA. 

Two of the submitted regulations 

(Env-A 2100 and 2400) included 

affirmative defense provisions for 

malfunction, which is defined as a 

sudden and unavoidable breakdown of 

process or control equipment. The New 

Hampshire regulations were submitted 

to EPA after EPA issued a start-up, shutdown, and malfunction (SSM) SIP Call 

proposal in February 2013 (78 FR 

12460), which would have allowed 

narrowly drawn affirmative defense 

provisions in SIPs for malfunction. 

However, following issuance of our SIP 

Call proposal, a federal court ruled that 

the Clean Air Act precludes authority of 

the EPA to create affirmative defense 

provisions. EPA, therefore, believes that 

it cannot approve affirmative defense 

provisions in SIP submissions, even 

narrowly tailored ones for periods of 

malfunction (See NRDC v EPA, 749 F.3d 

1055 (D.C. Circuit 2014)). As a result of 

the court decision, we issued a 

supplemental notice of proposed 

rulemaking (SNPR) on September 17, 

2014 (79 FR 55920) that rescinded our 


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previous February 2013 proposal to 

allow narrowly tailored affirmative 

defense provisions for malfunction to be 

included in SIPs. Therefore, on April 

13, 2016, NH DES sent a letter to EPA 

withdrawing the affirmative defense 

provisions in Chapter Env-A 2100 and 

2400 (i.e., 2103.03, and 2405). 

After reviewing NH DES’s SIP 

submittals for Env-A 807, 2100, 2400, 

2700, 2800 and the letter withdrawing 

the affirmative defense provisions in 

Env-A 2100 and 2400, EPA is proposing 

to approve all of the SIP revisions 

without the withdrawn portions, and 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. 

II. EPA’s Evaluation of New 

Hampshire’s SIP Revisions 

On March 12, 2003, NH DES 

submitted NH Code of Administrative 

Rules Chapter Env-A 807 for approval 

into the New Hampshire SIP. Env-A 807 

establishes procedures for testing 

opacity of emissions (i.e., visible 

emissions) from stationary sources, and 

from small boilers and emergency 

generators. Env-A 807 also establishes 

testing requirements for diesel engines 

in motor vehicles as well as procedures 

for determining opacity from fugitive 

emissions. Env-A 807 is not currently 

part of the federally-approved New 

Hampshire SIP. Four regulations that we 

are proposing to approve herein (Env-A 

2100, 2400, 2700, and 2800) rely on use 

of test methods given in Env-A 807. 

Based on a review of Env-A 807, EPA 

has determined that the test procedures 

are appropriate and is proposing to 

approve Env-A 807 into the New 

Hampshire SIP. 

On March 31, 2011, NH DES 

submitted Env-A 2800 (Sand and Gravel 

Sources; Non-Metallic Mineral 

Processing Plants; Cement and Concrete 

Sources) for approval into the New 

Hampshire SIP. This rule is not 

currently part of the federally-approved 

New Hampshire SIP. 

Env-A 2800 sets standards for VE and 

PM emissions and fugitive-dust 

requirements for sand and gravel 

sources, non-metallic mineral 

processing plants, and cement and 

concrete sources. In addition, it 

establishes permit-by-notification (PBN) 

requirements for non-metallic mineral 

processing plants to replace the General 

State Permit (GSP) option. For all 

sources subject to Env-A 2800, visible 

fugitive emissions or visible stack 

emissions must not exceed 20-percent 

opacity for any continuous 6-minute 

period, and all sources are required to 

control emissions of dust from vehicular 

movement within plant property 

boundaries. This rule will benefit public 

health and the environment by 

controlling PM emissions and visible 

emissions from a variety of sources. 

Therefore, EPA is proposing to approve 

Env-A 2800 into the New Hampshire 

SIP. 

On July 23, 2013, NH DES submitted 

Env-A 2100 (Particulate Matter and 

Visible Emissions Standards), Env-A 

2400 (Ferrous and Non-Ferrous 

Foundries, Smelters, and Investment 

Casting Operations), and Env-A 2700 

(Hot Mix Asphalt Plants) for approval 

into the New Hampshire SIP. 

Env-A 2100 establishes emission 

standards for existing and new 

stationary sources or devices that emit 

particulate matter to the ambient air 

through a stack or through an exhaust 

and ventilation system. This rule is not 

currently part of the federally-approved 

New Hampshire SIP. Depending on the 

process weight rate (0.025 to 1,000 tons 

per hour (tph)), the PM emission 

standard in Env-A 2100 for ‘‘new 

devices’’ ranges from 0.36 to 77.6 

pounds per hour (lbs/hr), and for 

‘‘existing devices’’ from 0.43 to 93.11 

lbs/hr. In addition, Env-A 2100 sets 

allowable visible emissions for 

stationary sources or devices at 20 

percent opacity for any continuous 6- 

minute period. This rule will benefit 

public health and the environment by 

controlling PM emissions from certain 

stationary sources. Therefore, EPA is 

proposing to approve Env-A 2100 into 

the New Hampshire SIP. 

Env-A 2400 establishes emission 

standards for ferrous and non-ferrous 

foundries, smelters, and investment 

casting operations. This rule is not 

currently part of the federally-approved 

New Hampshire SIP. For existing 

foundries (installed before or on May 

12, 1971) and new ferrous foundries 

(installed after May 12, 1971), PM 

emission standards in Env-A 2400 are 

the same as those given for existing and 

new sources and devices in Env-A 2100. 

The standards are the same for nonferrous foundries, smelters, and 

investment casting operations. However, 

for these non-ferrous facilities and 

operations, ‘‘existing’’ is defined as 

before or on February 18, 1972, and 

‘‘new’’ is defined as after February 18, 

1972. In addition, for any ferrous 

foundry installed or modified after June 

15, 1974, PM emissions must not exceed 

50 milligrams per dry standard cubic 

meter (mg/dscm) or 0.022 grains/dscf. 

For all facilities covered under Env-A 

2400, allowable visible emissions are set 

at 20 percent opacity for any continuous 

6-minute period. This rule will benefit 

public health and the environment by 

controlling PM emissions from 

foundries, smelters, and investment 

casting operations. Therefore, EPA is 

proposing to approve Env-A 2400 into 

the New Hampshire SIP. 

Env-A 2700 establishes emission 

standards for hot mix asphalt plants. 

The PM emission standard is set at 90 

mg/dscm or 0.04 grains/dscf, which is 

the same standard as in the federal 

Standards of Performance for Hot Mix 

Asphalt Facilities (40 FR 46259). In 

addition, visible fugitive emissions or 

visible stack emissions must not exceed 

an average of 20 percent opacity for any 

continuous 6-minute period. On August 

22, 2012, EPA approved one provision 

of Env-A 2700, which was part of a SIP 

revision submitted by New Hampshire 

on January 28, 2005. See 77 FR 50651. 

This provision, Env-A 2703.02(a), states 

that ‘‘The owner or operator of a hot mix 

asphalt plant shall not cause or allow 

visible fugitive emissions or visible 

stack emissions to exceed an average of 

20 percent opacity for any continuous 6- 

minute period.’’ NH DES withdrew the 

remaining parts of the January 2005 SIP 

submittal on July 23, 2013, when it 

submitted the version of Env-A 2700 

that is addressed herein. In the July 23, 

2013 submission, SIP-approved Env-A 

2703.02(a) has been renumbered Env-A 

2702.02(a). This rule will benefit public 

health and the environment by reducing 

emissions from hot mix asphalt plants. 

Also, by approving the July 23, 2013 

submission of Env-A 2700 in its 

entirety, the existing provision limiting 

visible emissions will be retained in the 

New Hampshire SIP, thus meeting the 

requirements of section 110(l) of the 

CAA. Therefore, EPA is proposing to 

approve Env-A 2700 into the New 

Hampshire SIP. 

EPA’s review of the SIP submittals 

indicate that all concerns that EPA has 

expressed to NH DES about these state 

regulations have been adequately 

addressed. Concerns on the July 23, 

2013 submittals were all in regard to 

affirmative defense provisions for 

malfunctions contained in Env-A 2100 

and 2400. To address our concerns, NH 

DES submitted a letter withdrawing 

these provisions from Env-A 2100 and 

2400. See letter to EPA dated July 8, 

2013, available in the docket for today’s 

action. The other regulations that we are 

proposing to approve herein (Env-A 

807, 2700, and 2800) do not, even as a 

matter of state law, contain exceptions 


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56558 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Proposed Rules 

for SSM periods or affirmative defense 

provisions. 

III. Proposed Action 

EPA is proposing to approve, and 

incorporate into the New Hampshire 

SIP, four regulations and part of one 

regulation, except for affirmative 

defense provisions in two of the 

regulations which NH DES has 

withdrawn. The four regulations 

include one regulation submitted by the 

State of New Hampshire on March 31, 

2011, Sand and Gravel Sources; NonMetallic Mineral Processing Plants; 

Cement and Concrete Sources (Env-A 

2800), effective October 1, 2010; and 

three regulations submitted on July 23, 

2013, Particulate Matter and Visible 

Emissions Standards (Env-A 2100), 

effective April 23, 2013; Ferrous and 

Non-Ferrous Foundries, Smelters, and 

Investment Casting Operations (Env-A 

2400), effective April 23, 2013; and Hot 

Mix Asphalt Plants (Env-A 2700), 

effective February 16, 2013. As noted 

earlier, the affirmative defense 

provisions, which NH DES has 

withdrawn from its SIP submittals, are 

not included in this proposed approval 

action and are contained in state law 

only in Env-A 2103.03 and 2405. EPA 

is also proposing to approve Env-A 807 

(‘‘Testing for Opacity of Emissions’’), 

effective October 31, 2002. 

EPA is soliciting public comments on 

the issues discussed in this proposal or 

on other relevant matters. These 

comments will be considered before 

EPA takes final action. Interested parties 

may participate in the Federal 

rulemaking procedure by submitting 

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 New Hampshire Code of 

Administrative Rules stated in section 

III above. The EPA has made, and will 

continue to make, these documents 

generally available electronically 

through http://www.regulations.gov 

and/or in hard copy at the appropriate 

EPA office. 

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); 

• 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 (Public Law 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 9, 2016. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2016–19869 Filed 8–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 9 

[Docket ID FEMA–2015–0006] 

Guidance for Implementing the Federal 

Flood Risk Management Standard 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: The Federal Emergency 

Management Agency (FEMA) is 

accepting comments on the proposed 

guidance for implementing the Federal 

Flood Risk Management Standard 

(FFRMS). 

DATES: Comments must be received by 

October 21, 2016. 

ADDRESSES: Comments must be 

identified by Docket ID: FEMA–2015– 

0006 and may be submitted by one of 

the following methods: 

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

Mail: Regulatory Affairs Division, 

Office of the Chief Counsel, Federal 

Emergency Management Agency, Room 

8NE–1604, 500 C Street SW., 

Washington, DC 20472–3100. 

The proposed guidance may be found 

at http://www.regulations.gov, using 

Docket ID FEMA–2015–0006. Members 

of the public without internet access 

may request a copy of the policy from 

using the information in the FOR

FURTHER INFORMATION CONTACT section of 

this notice. 

FOR FURTHER INFORMATION CONTACT: 

Kristin Fontenot, Director, Office of 

Environmental Planning and Historic 

Preservation, Federal Insurance and 

Mitigation Administration, DHS/FEMA, 

400 C Street SW., Suite 313, 


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