45356 Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations 

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 VV—Virginia 

■ 2. Amend § 52.2420, paragraph (e)(1) 

table by adding an entry entitled ‘‘2008 

8-Hour Ozone NAAQS Nonattainment 

New Source Review Requirements’’ at 

the end of the table to read as follows: 

§ 52.2420 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 

Name of 

non-regulatory 

SIP revision 

Applicable geographic area 

State 

submittal 

date 

EPA approval date Additional 

explanation 

*******

2008 8-Hour Ozone 

NAAQS Nonattainment New 

Source Review 

Requirements.

Virginia portion of the Washington, DC-MD-VA nonattainment area for the 2008 ozone NAAQS (i.e., Arlington 

County, Fairfax County, Loudoun County, Prince William 

County, Alexandria City, Fairfax City, Falls Church City, 

Manassas City, and Manassas Park City) as well as the 

portions of Virginia included in the Ozone Transport Region (OTR) (i.e., Arlington County, Fairfax County, 

Loudoun County, Prince William County, Stafford County, 

Alexandria City, Fairfax City, Falls Church City, Manassas 

City, and Manassas Park City).

5/17/17 9/7/17, [Insert Federal Register citation].

* * * * * 

[FR Doc. 2018–19364 Filed 9–6–18; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 previouslyapproved 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; 

mcconnell.robert@epa.gov. 

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 


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Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations 45357 

1 62 FR 27968 (May 22, 1997). 

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

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: 

• 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); 

• This action 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. 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 

■ 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. Amend § 52.1520 by: 

■ a. In paragraph (c), amend the table by 

removing footnote 1 and adding ‘‘EnvA 100; Definitions’’ after the entry ‘‘EnvA 100; Definition of ‘‘Wood Waste 

Burner’’’’; and 

■ b. In paragraph (d), amend the table 

by: 

■ i. Removing footnote 2; 

■ ii. Revising the entries ‘‘VOC RACT 

for Kalwall Corporation, Manchester, 

NH’’ and ‘‘Kalwall Corporation’’; and 

■ iii. Adding an entry entitled ‘‘Diacom 

Corporation’’ at the end of the table. 

■ c. In paragraph (e), remove footnote 3. 

The revisions and additions read as 

follows: 

§ 52.1520 Identification of plan. 

* * * * * 

(c) * * * 


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45358 Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations 

EPA-APPROVED NEW HAMPSHIRE REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanations 

*******

Env-A 100 ................................ Definitions ............................... 3/24/1997 9/7/2018, [Insert Federal Register citation].Revisions made affecting 

eleven definitions. 

*******

(d) * * * 

EPA-APPROVED NEW HAMPSHIRE SOURCE SPECIFIC REQUIREMENTS

Name of source Permit No. State effective 

date EPA approval date Additional explanations/ § 52.1535 citation 

*******

VOC RACT for Kalwall Corporation, Manchester, NH.Order ARD–95–010 ................ 9/10/1996 9/7/2018, [Insert Federal Register citation].See § 52.1535(c)(51). 

Order superseded by 

Order ARD–99–001, effective date 11/20/2011. 

*******

Kalwall Corporation ................. ARD–99–001 ........................... 11/20/2011 9/7/2018, [Insert Federal Register citation].Order withdrawn from the 

New Hampshire SIP. 

*******

Diacom Corporation ................. RACT Order RO–0002 ............ 06/28/2017 9/7/2018, [Insert Federal Register citation].VOC RACT Order. 

* * * * * 

[FR Doc. 2018–19290 Filed 9–6–18; 8:45 am] 

BILLING CODE 6560–50–P 


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