[Federal Register Volume 83, Number 174 (Friday, September 7, 2018)]
[Rules and Regulations]
[Pages 45356-45358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19290]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0442; FRL-9982-99--Region 1]


Air Plan Approval; New Hampshire; Single Source Orders and 
Revisions to Definitions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the State of New 
Hampshire. The revisions incorporate a single source order into the New 
Hampshire SIP, remove a previously-approved order from the SIP, and 
approve various definitions used within New Hampshire's air pollution 
control regulations. This action is being taken in accordance with the 
Clean Air Act.

DATES: This rule is effective on October 9, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2017-0442. 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, 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.

FOR FURTHER INFORMATION CONTACT: Bob McConnell, Environmental Engineer, 
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) 918-1046; 
<a href="/cdn-cgi/l/email-protection#f19c92929e9f9f949d9ddf839e93948385b1948190df969e87"><span class="__cf_email__" data-cfemail="cca1afafa3a2a2a9a0a0e2bea3aea9beb88ca9bcade2aba3ba">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On July 6, 2018 (83 FR 31513), EPA published a Notice of Proposed 
Rulemaking (NPRM) for the State of New Hampshire. The NPRM proposed 
approval of revisions to New Hampshire's SIP consisting of an order 
establishing reasonably available control technology (RACT) 
requirements for the Diacom Corporation, removal from the SIP of a 
previously-approved RACT order for the Kalwall Corporation, and a 
request to revise a few definitions used within the State's air 
pollution control regulations. Other specific requirements of New 
Hampshire's RACT orders and revised definitions and the rationale for 
EPA's proposed action are explained in the NPRM and will not be 
restated here.
    We received a number of anonymous comments that address subjects 
outside the scope of our proposed action, do not explain (or provide a 
legal basis for) how the proposed action should differ in any way, and 
make no specific mention of the substantive aspects of the proposed 
action. Consequently, these comments are not germane to this rulemaking 
and require no further response.

II. Final Action

    EPA is approving an order establishing RACT for the Diacom 
Corporation, removal from the SIP of a previously-approved RACT order 
for the Kalwall Corporation, and a revision to eleven definitions used 
within the State's air pollution control regulations as revisions to 
the New Hampshire SIP.

III. 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 revisions 
located within New Hampshire's Env-A, Rules Governing the Control of 
Air

[[Page 45357]]

Pollution, Env-A 101, Definitions, and also incorporating by reference 
RACT Order RO-0002, dated June 28, 2017, issued to the Diacom 
Corporation, as described in the amendments to 40 CFR part 52 set forth 
below, The EPA has made, and will continue to make, these documents 
generally available through https://www.regulations.gov and at the EPA 
Region 1 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information). 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.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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IV. 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:
    <bullet> 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);
    <bullet> This action is not an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866;
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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. 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 November 6, 2018. 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, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxide, 
Volatile organic compounds.

    Dated: August 31, 2018.
Alexandra Dunn,
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. Amend Sec.  52.1520 by:
0
a. In paragraph (c), amend the table by removing footnote 1 and adding 
``Env-A 100; Definitions'' after the entry ``Env-A 100; Definition of 
``Wood Waste Burner''''; and
0
b. In paragraph (d), amend the table by:
0
 i. Removing footnote 2;
0
 ii. Revising the entries ``VOC RACT for Kalwall Corporation, 
Manchester, NH'' and ``Kalwall Corporation''; and
0
 iii. Adding an entry entitled ``Diacom Corporation'' at the end of the 
table.
0
c. In paragraph (e), remove footnote 3.
    The revisions and additions read as follows:


Sec.  52.1520  Identification of plan.

* * * * *
    (c) * * *

[[Page 45358]]



                                                         EPA-Approved New Hampshire Regulations
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                                                                        State
            State citation                    Title/subject        effective date      EPA approval date                     Explanations
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                                                                      * * * * * * *
Env-A 100.............................  Definitions..............       3/24/1997  9/7/2018, [Insert Federal  Revisions made affecting eleven
                                                                                    Register citation].        definitions.
 
                                                                      * * * * * * *
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    (d) * * *

                                                 EPA-Approved New Hampshire Source Specific Requirements
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                                                                        State                                   Additional explanations/Sec.   52.1535
            Name of source                      Permit No.         effective date      EPA approval date                       citation
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                                                                      * * * * * * *
VOC RACT for Kalwall Corporation,       Order ARD-95-010.........       9/10/1996  9/7/2018, [Insert Federal  See Sec.   52.1535(c)(51). Order
 Manchester, NH.                                                                    Register citation].        superseded by Order ARD-99-001, effective
                                                                                                               date 11/20/2011.
 
                                                                      * * * * * * *
Kalwall Corporation...................  ARD-99-001...............      11/20/2011  9/7/2018, [Insert Federal  Order withdrawn from the New Hampshire
                                                                                    Register citation].        SIP.
 
                                                                      * * * * * * *
Diacom Corporation....................  RACT Order RO-0002.......      06/28/2017  9/7/2018, [Insert Federal  VOC RACT Order.
                                                                                    Register citation].
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[FR Doc. 2018-19290 Filed 9-6-18; 8:45 am]
 BILLING CODE 6560-50-P


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