Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Rules and Regulations 30735 

■ 2. In § 165.506, amend Table to 

§ 165.506 as follows: 

■ a. Under ‘‘(d.) Coast Guard Sector 

North Carolina—COTP Zone,’’ suspend 

entry number ‘‘2’’, from 5:30 p.m. on 

July 4, 2014 to 1 a.m. on July 5, 2015. 

■ b. Under, ‘‘(d.) Coast Guard Sector 

North Carolina—COTP Zone,’’ add entry 

number ‘‘15’’, which will be enforced 

from 5:30 p.m. on July 4, 2014 to 1 a.m. 

on July 5, 2014, to read as follows: 

§ 165.506 Safety Zones; Fireworks 

Displays in the Fifth Coast Guard District. 

* * * * * 

TABLE TO § 165.506 

No. Date Location Regulated area 

*******

(d.) Coast Guard Sector North Carolina—COTP Zone 

*******

15 ....................... July 4–5, 2014 .. Cape Fear River, Wilmington, NC, 

Safety Zone. 

All waters of the Cape Fear River within a 300 yard radius of the 

fireworks launch barge in approximate position latitude 34°14′17′′ 

N longitude 077°57′11′′. 

Dated: May 14, 2014. 

S.R. Murtagh, 

Captain, U.S. Coast Guard, Captain of the 

Port. 

[FR Doc. 2014–12376 Filed 5–28–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2013–0509; A–1–FRL– 

9909–99–Region 1] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Hampshire; Decommissioning of Stage 

II Vapor Recovery Systems 

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 Department of 

Environmental Services. This revision 

includes regulatory amendments that 

require the decommissioning of Stage II 

vapor recovery systems at gasoline 

dispensing facilities by December 22, 

2015, and a demonstration that such 

removal is consistent with the Clean Air 

Act and EPA guidance. The intended 

effect of this action is to approve New 

Hampshire’s revised vapor recovery 

regulation. This action is being taken in 

accordance with the Clean Air Act. 

DATES: This rule is effective on June 30, 

2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2013–0509. All documents in the docket 

are listed on the www.regulations.gov 

Web site. 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 either electronically through 

www.regulations.gov or in hard copy at 

the Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Office of 

Ecosystem Protection, Air Quality 

Planning Unit, 5 Post Office Square— 

Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays. 

Copies of the documents relevant to 

this action are also available for public 

inspection during normal business 

hours, by appointment at State Air 

Agency, Department of Environmental 

Services, 6 Hazen Drive, P.O. Box 95, 

Concord, NH 03302–0095. 

FOR FURTHER INFORMATION CONTACT: 

Ariel Garcia, Air Quality Planning Unit, 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, 5 

Post Office Square, Suite 100 (mail 

code: OEP05–2), Boston, MA 02109– 

3912, telephone number (617) 918– 

1660, fax number (617) 918–0660, email 

garcia.ariel@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. Final Action 

III. Statutory and Executive Order Reviews 

I. Background and Purpose 

On March 10, 2014 (79 FR 13268), 

EPA published a Notice of Proposed 

Rulemaking (NPRM) for the State of 

New Hampshire. The NPRM proposed 

approval of New Hampshire’s revised 

vapor recovery regulation. The formal 

SIP revision was submitted by New 

Hampshire on June 18, 2013 and 

included a demonstration that the 

decommissioning of Stage II vapor 

recovery systems at gasoline dispensing 

facilities is consistent with the Clean 

Air Act and EPA guidance. A detailed 

discussion of New Hampshire’s June 18, 

2013 SIP revision and EPA’s rationale 

for proposing approval of the SIP 

revision were provided in the NPRM 

and will not be restated here. No public 

comments were received on the NPRM. 

II. Final Action 

EPA is approving New Hampshire’s 

June 18, 2013 SIP revision. Specifically, 

EPA is approving the amended New 

Hampshire rule Env–Or 500, Recovery 

of Gasoline Vapors, and incorporating it 

into the New Hampshire SIP. EPA is 

approving this SIP revision because it 

meets all applicable requirements of the 

Clean Air Act and EPA guidance, and it 

will not interfere with attainment or 

maintenance of the ozone National 

Ambient Air Quality Standards. 

III. 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 


emcdonald on DSK67QTVN1PROD with RULES
30736 Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Rules and Regulations 

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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by July 28, 2014. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 22, 2014. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart EE—New Hampshire 

■ 2. Section 52.1520 is amended by 

adding ‘‘Env-Or 500’’ in table (c) after 

‘‘Env-A 3600’’ to read as follows: 

§ 52.1520 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED NEW HAMPSHIRE REGULATIONS

State citation Title/subject State effective 

date EPA approval date 1 Explanations 

*******

Env-Or 500 ............................. Recovery of Gasoline Vapors 11/17/2012 5/29/2014 ...............................

[Insert Federal Register 

page number where the 

document begins].

Includes decommissioning of 

Stage II vapor recovery 

systems. 

* * * * * * * 

1 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. 


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Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Rules and Regulations 30737 

* * * * * 

[FR Doc. 2014–12338 Filed 5–28–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2008–0446; A–1–FRL– 

9901–93–Region 1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Massachusetts; Regulations Limiting 

Emissions of Volatile Organic 

Compounds and Nitrogen Oxides 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving State 

Implementation Plan (SIP) revisions 

submitted by the Commonwealth of 

Massachusetts. These revisions consist 

of updates and amendments to existing 

air pollution control requirements for 

stationary sources of volatile organic 

compounds (VOCs) and nitrogen oxides 

(NOX). This action is being taken in 

accordance with the Clean Air Act. 

DATES: This rule is effective on June 30, 

2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2008–0446. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information may not be 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 either electronically through 

www.regulations.gov or in hard copy at 

the Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Office of 

Ecosystem Protection, Air Quality 

Planning Unit, 5 Post Office Square— 

Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays. 

Copies of the documents relevant to this 

action are also available for public 

inspection during normal business 

hours, by appointment at the Division of 

Air Quality Control, Department of 

Environmental Protection, One Winter 

Street, 8th Floor, Boston, MA 02108. 

FOR FURTHER INFORMATION CONTACT: Bob 

McConnell, Air Quality Planning Unit, 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, 5 

Post Office Square, Suite 100 (mail 

code: OEP05–2), Boston, MA 02109– 

3912, telephone number (617) 918– 

1046, fax number (617) 918–0046, email 

mcconnell.robert@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. Additionally, the phrase ‘‘the 

Commonwealth’’ refers to the 

Commonwealth (or state) of 

Massachusetts. Organization of this 

document. The following outline is 

provided to aid in locating information 

in this preamble. 

I. Background and Purpose 

II. Response to Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On August 1, 2013 (78 FR 46552), 

EPA published a Notice of Proposed 

Rulemaking (NPR) proposing to approve 

updates and amendments to existing air 

pollution control requirements for 

stationary sources of volatile organic 

compounds (VOCs) and nitrogen oxides 

(NOX) contained in the Massachusetts 

State Implementation Plan (SIP). The 

proposed revisions were submitted by 

the Massachusetts Department of 

Environmental Protection to EPA on 

July 11, 2001, and September 14, 2006. 

The July 11, 2001 submittal was 

supplemented with two additional 

submittals, one on August 9, 2001, and 

a second on January 18, 2002 

(collectively referred to herein as the 

July 11, 2001 submittal). 

The July 11, 2001 submittal includes 

revisions to Title 310 of the Code of 

Massachusetts Regulations (CMR), 

section 7.19, Reasonably Available 

Control Technology (RACT) for Sources 

of Nitrogen Oxides (NOX). The 

September 14, 2006 submittal includes 

revisions to 310 CMR 7.00, Definitions; 

7.05, Fuels All Districts; 7.18, Volatile 

and Halogenated Organic Compounds; 

7.19, RACT for Sources of NOX; and 

7.24, Organic Material Storage and 

Distribution. 

In addition, we note that our August 

1, 2013 NPR indicated we intended to 

take action on 310 CMR 7.18(8), Solvent 

Metal Degreasing, as submitted on 

September 14, 2006. However, in light 

of a June 1, 2010 submittal by 

Massachusetts to EPA of an updated 

version of 310 CMR 7.18(8), 

Massachusetts withdrew its SIP revision 

request relating to the September 14, 

2006 version of section 7.18(8) by letter 

dated January 18, 2013. Furthermore, 

we approved the updated version of 

section 7.18(8) that Massachusetts 

submitted on June 1, 2010 within a final 

rule published in the Federal Register 

on September 9, 2013. See 78 FR 54960. 

Our August 1, 2013 proposal 

indicated that the Commonwealth’s SIP 

revision request included a request that 

the definitions of 81 different terms be 

approved into the SIP. By letter dated 

August 8, 2013, Massachusetts informed 

EPA that nine of the 81 definitions had 

been unintentionally included in the 

SIP revision request. Therefore, by the 

August 8, 2013 letter, Massachusetts 

withdrew its request that those nine 

definitions be approved into the SIP. 

The nine terms are as follows: ‘‘Alter or 

alteration,’’ ‘‘Alternative fuel,’’ 

‘‘Alternative fuel vehicle,’’ ‘‘Asbestos,’’ 

‘‘Asbestos-containing material,’’ 

‘‘Construct or construction,’’ ‘‘Cooling 

tower,’’ ‘‘Friable asbestos containing 

material,’’ and ‘‘Non-road vehicle.’’ Our 

final rule, therefore, will not incorporate 

these terms into the Massachusetts SIP. 

The other specific SIP revisions that 

were included in Massachusetts’ 

submittals are explained in the NPR and 

are detailed in the description of 

amendments made to 40 CFR Part 52 

described at the end of this final rule. 

II. Response to Comments 

We received one comment letter on 

our proposal. The comments were 

submitted by Robert Ukeiley on behalf 

of the Sierra Club, by letter dated 

September 3, 2013. A summary of Sierra 

Club’s comments and our response to 

each is provided below. 

Comment 1: Sierra Club notes that our 

proposed action was overdue, given that 

Massachusetts’ submittals to EPA 

occurred as far back as 2001. Sierra Club 

also commented that our delay should 

not be used as justification for 

approving emission limits that are no 

longer protective of public health. 

Additionally, Sierra Club commented 

that there was very little analysis 

provided by EPA in the NPR as to why 

EPA was proposing approval of 

Massachusetts’ submittals. 

Response 1: We acknowledge that our 

action on these updates to regulations 

previously approved into the 

Commonwealth’s SIP was delayed. 

However, we note that, with the 

exception of the updates we are taking 

final action on today, the majority of the 

provisions of the regulations in question 

(including the pollutant emissions rate 

limits contained within those 

regulations) have been part of the 

Massachusetts SIP for many years, with 


emcdonald on DSK67QTVN1PROD with RULES