49458 Federal Register / Vol. 79, No. 162 / Thursday, August 21, 2014 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2012–0848; A–1–FRL– 

9913–00–Region 1] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Hampshire; Reasonably Available 

Control Technology for Nitrogen 

Oxides and Volatile Organic 

Compounds 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of New 

Hampshire. These revisions contain an 

updated regulation establishing 

reasonably available control technology 

(RACT) for sources of nitrogen oxides 

(NOX), four updated source-specific 

orders for either volatile organic 

compound (VOC) or NOX RACT, and a 

request to withdraw from the SIP a 

previously approved NOX RACT order. 

The intended effect of this action is to 

approve the updated NOX RACT 

regulation and updated VOC and NOX

RACT orders into the New Hampshire 

SIP, and to also approve New 

Hampshire’s request to remove one NOX

RACT order from the SIP. This action is 

being taken in accordance with the 

Clean Air Act. 

DATES: This direct final rule will be 

effective October 20, 2014, unless EPA 

receives adverse comments by 

September 22, 2014. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2012–0848 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. E-Mail: arnold.anne@epa.gov. 

3. Fax: (617) 918–0047. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2012–0848,’’ 

Anne Arnold, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Office of Ecosystem 

Protection, Air Quality Planning Unit, 5 

Post Office Square—Suite 100, (Mail 

code OEP05–2), Boston, MA 02109– 

3912. 

5. Hand Delivery or Courier. Deliver 

your comments to: Anne Arnold, 

Manager, Air Quality Planning Unit, 

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, (Mail code OEP05–2), Boston, 

MA 02109–3912. Such deliveries are 

only accepted during the Regional 

Office’s normal hours of operation. The 

Regional Office’s official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding legal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2012– 

0848. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov, or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. 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 in www.regulations.gov or 

in hard copy at Office of Ecosystem 

Protection, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 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. 

In addition, copies of the state 

submittal are also available for public 

inspection during normal business 

hours, by appointment at the State Air 

Agency; Air Resources Division, 

Department of Environmental Services, 

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

NH 03302–0095. 

FOR FURTHER INFORMATION CONTACT: Bob 

McConnell, Air Quality Planning Unit, 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square—Suite 100, (Mail code 

OEP05–2), Boston, MA 02109–3912; 

phone 617–918–1046; fax: 617–918– 

0046; email: mcconnell.robert@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

The following outline is provided to 

aid in locating information in this 

preamble. 

I. Background and Purpose 

II. Description of Submittals 

1. Part Env-A 1300, NOX RACT 

2. NOX RACT for Gorham Paper and Tissue 

3. NOX RACT for Plymouth State College 

4. VOC RACT for Concord Litho Group 

5. VOC RACT for Sturm, Ruger & Company 

6. VOC RACT for Textile Tapes 

Corporation 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On March 31, 2011, the State of New 

Hampshire submitted a formal request 

for a revision to its State 

Implementation Plan (SIP). The 

requested SIP revision consists of 

updates to and a renumbering of its 

existing regulation establishing 

reasonably available control technology 

(RACT) for sources of nitrogen oxides 

(NOX). Additionally, New Hampshire 

submitted facility specific VOC or NOX

RACT orders for the following four 

facilities on the dates noted: Concord 

Litho Group, submitted December 31, 

2013; Gorham Paper and Tissue, LLC, 

submitted October 19, 2012; Sturm, 

Ruger & Company, Inc., submitted 

February 4, 2013; and Textile Tapes 

Corporation, submitted November 16, 

2012. Of final note, on December 16, 

2013, New Hampshire submitted a 


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Federal Register / Vol. 79, No. 162 / Thursday, August 21, 2014 / Rules and Regulations 49459 

1Note that Env-A 607.01 is the section of New 

Hampshire’s state regulations containing the 

permitting requirements in question, and that EnvA 607.01 is one subsection of Env-A 600, New 

Hampshire’s Statewide Permit System regulations. 

The permit requirements now codified in Env-A 

607.01 under state law were approved earlier by 

EPA into the New Hampshire SIP in a different 

section of Part Env-A 600 (Statewide Permit 

System). 

request to withdraw a previously 

approved NOX RACT order for 

Plymouth State College from the SIP. 

For background on the Clean Air Act 

requirement for RACT and how it 

relates to New Hampshire, see 77 FR 

66388, November 5, 2012. 

II. Description of Submittals 

1. Part Env-A 1300, NOX RACT 

EPA has approved previous versions 

of New Hampshire’s NOX RACT rule for 

both the 1-hour ozone and 1997 8-hour 

ozone standards into the New 

Hampshire SIP. Our initial approval of 

New Hampshire’s NOX RACT rule 

occurred on April 9, 1997 (see 62 FR 

17092), and we approved an update to 

that rule in the Federal Register on 

November 5, 2012 (see 77 FR 66388). 

Today’s action approves the minor 

updates described below, and also 

incorporates a renumbering of this 

regulation from Part Env-A 1211, as it 

was formerly identified in our two 

previous actions, to Chapter Env-A 

1300. New Hampshire did not submit 

Env-A 1300, NOX RACT, on March 31, 

2011 to meet its RACT obligation under 

the national ambient air quality 

standard (NAAQS) for ozone revised by 

EPA in 2008. 

In relation to the renumbering, we 

also note that on November 8, 2012 (see 

77 FR 66921), we approved into the 

New Hampshire SIP the State’s VOC 

RACT rule, a portion of which, at the 

time of our approval, was codified at 

Part Env-A 1211 (the same codification 

associated with our November 5, 2012 

and earlier NOX RACT approvals). Our 

approval of New Hampshire’s VOC 

RACT regulation on November 8, 2012, 

therefore had the inadvertent effect of 

‘‘overwriting’’ New Hampshire’s NOX

RACT SIP regulations in the official 

compilation of the SIP maintained by 

EPA and the Office of the Federal 

Register. In accordance with our error 

correction authority under CAA section 

110(k)(6), we are correcting the error 

caused by our inadvertent ‘‘overwriting’’ 

of New Hampshire’s NOX RACT 

regulations by revising the official 

compilation of the New Hampshire SIP 

to include Part Env-A 1300, NOX RACT. 

Apart from the recodification and error 

correction described above, the 

substantive changes being made to New 

Hampshire’s NOX RACT rule are 

described below. 

a. Revision Applicable to Emission 

Units Using Electronic Timing 

New Hampshire’s original regulation 

had required all internal combustion 

engines to undergo a manual timing 

adjustment, but experience gained 

through implementation of that 

requirement indicated that manual 

adjustments to units equipped with 

electronic timing were not feasible. 

Additionally, most new engines were 

equipped with electronic timing. 

Therefore, New Hampshire has removed 

the requirement for manual timing 

adjustments for units equipped with 

electronic timing, but retained the 

requirement for units that are not 

equipped with electronic timing. 

b. Consolidation of Requirements for 

Testing, Recordkeeping, and Recording 

New Hampshire’s air pollution 

control regulations include Part Env-A 

800, Testing and Monitoring 

Procedures, and Part Env-A 900, Owner 

or Operator Recordkeeping and 

Reporting Obligations. These rules have 

been approved into the New Hampshire 

SIP. See 77 FR 66388, November 5, 

2012. New Hampshire’s updated NOX

RACT regulation clarifies and updates 

the cross-referencing to these two rules. 

c. Clarification of Use of Discrete 

Emission Reductions for Compliance 

Part Env-A 1315.03(a) was added to 

clarify that sources subject to the state’s 

NOX RACT rule could comply by the 

purchase or generation of discrete 

emission reduction credits pursuant to 

Env-A 3100, Discrete Emission 

Reduction Trading Program. However, 

as noted within our approval of New 

Hampshire’s RACT certification for the 

1997 8-Hour ozone standard (77 FR 

66388; November 5, 2012), Env-A 3100 

has not been approved into the New 

Hampshire SIP. Therefore, any order 

issued by the New Hampshire DES that 

provides for compliance with NOX

RACT by use of Env-A 3100 will need 

to be approved into the New Hampshire 

SIP. 

d. Clarification of Procedures for 

Issuance of a RACT Order 

Part Env-A 1316, NOX RACT Orders, 

was amended to clarify for the regulated 

community the steps that must be taken 

to request a NOX RACT order containing 

a NOX RACT limit that differs from 

those found within Env-A 1300. This 

section was also expanded to describe 

the actions that the New Hampshire 

DES will take upon receipt of such a 

request, including submitting the order 

to EPA as a SIP revision, and the 

maximum amount of time the state 

agency will take to complete these 

actions. 

e. Change to Wording of Applicability 

Section 

Part Env-A 1301.02, Applicability, 

was amended by inserting language in 

certain subsections to clarify for the 

regulated community the universe of 

sources subject to NOX RACT. The 

language in question, ‘‘and the 

permitting applicability levels specified 

in Env-A 607.01 are met,’’ was added to 

Env-A 1301.02(b), for example. Env-A 

1301.02(b) is the provision of New 

Hampshire’s NOX RACT regulations 

defining the universe of utility boilers 

subject to NOX RACT. Env-A 607.01, 

referenced in Env-A 1301.02(b), is the 

section of New Hampshire’s statewide 

permit regulations containing 

preconstruction (or temporary) permit 

requirements for new and modified 

sources.1 In the ‘‘Response to 

Comments’’ document included in the 

March 31, 2011 SIP submittal, New 

Hampshire DES explained that the new 

language is intended only to indicate 

that the permitting applicability levels 

(i.e., source ‘‘sizes’’) contained in Env607.01 must also be met before NOX

RACT applies. Furthermore, New 

Hampshire clarified that the new 

language is not intended to suggest that 

only new or modified emissions units 

are subject to NOX RACT, i.e. that the 

added language is consistent with a 

requirement that existing sources are 

also subject to NOX RACT under New 

Hampshire’s regulation. EPA is 

therefore approving the added language 

because it is consistent with CAA 

requirements for NOX RACT 

applicability. 

f. Cross Reference to Env-A 2000 

On June 30, 2014, New Hampshire 

submitted a letter requesting that a 

phrase within Env-A 1311.03(a)(5) not 

be incorporated into the SIP because it 

cross-references a New Hampshire state 

regulation, Env-A 2000, that is not a part 

of the SIP. Therefore, as requested, we 

are not approving the phrase ‘‘or any 

opacity standard specified in Env-A 

2000’’ in subparagraph Env-A 

1311.03(a)(5). 

2. NOX RACT for Gorham Paper and 

Tissue 

On October 19, 2012, New Hampshire 

submitted NOX RACT Order No. ARD– 

97–003 for the Gorham Paper and 

Tissue facility located in Gorham, New 

Hampshire, as a revision to the SIP. The 

premises was formerly owned and 

operated by the Crown Vantage 


tkelley on DSK3SPTVN1PROD with RULES
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Company, and New Hampshire DES 

originally issued RACT Order No. ARD– 

97–003 on September 24, 1997. New 

Hampshire DES submitted that original 

order to EPA as a SIP revision request, 

and we approved it into the New 

Hampshire SIP on May 13, 1998. See 63 

FR 26455. On May 13, 2011, Gorham 

Paper and Tissue acquired ownership of 

the facility, and on January 20, 2012, 

submitted a NOX RACT Analysis and 

RACT Order Application for a new 

tissue dryer machine. On October 19, 

2012, New Hampshire DES issued an 

update of Order No. ARD–97–003 to the 

facility, and submitted the order to EPA 

as a SIP revision request on that same 

day. 

The updated order establishes NOX

RACT for the tissue drying machine, 

requiring the installation and operation 

of ultra low NOX burners, and an 

emission limitation of 0.035 lbs/

mmBTU on a 24-hour calendar day 

average. The order also requires that 

initial and periodic stack tests be 

conducted. Additionally, the updated 

order adds a NOX RACT emission limit 

of 0.25 lbs/mmBTU based on a 24-hour 

calendar day average for Boilers 1 and 

2 at the facility when these boilers 

combust natural gas, and also provides 

testing requirements for these units. 

Lastly, a number of RACT requirements 

applicable to equipment that has been 

removed from the facility were deleted 

from the RACT order. EPA is approving 

this revised order because it is 

consistent with CAA requirements for 

NOX RACT and with New Hampshire’s 

NOX RACT regulation. 

3. NOX RACT for Plymouth State 

College 

On December 16, 2013, New 

Hampshire DES submitted a request to 

withdraw from the SIP a NOX RACT 

order previously issued to Plymouth 

State College. Prior to 2013, Plymouth 

State routinely operated two electrical 

generators to provide power to the 

facility. During 2013, a decision was 

made to purchase all of the College’s 

electricity from the grid, and to keep the 

two electrical generators as emergency 

backup generators. While functioning as 

a primary source of electricity for 

Plymouth State, operation of the 

generators was regulated by the 

requirements of NOX RACT order ARD– 

95–002, issued to Plymouth 

Cogeneration Limited Partnership, 

which was approved into the New 

Hampshire SIP on April 9, 1997. See 62 

FR 17087. As emergency generators, the 

operation of these units are now 

governed by New Hampshire regulation 

Env-A 1311, Emergency Generators, 

thus obviating the need for NOX RACT 

order ARD–95–002. Accordingly, New 

Hampshire DES issued rescission of 

Final RACT Order No. ARD–95–002, 

dated December 16, 2013. EPA is 

therefore approving New Hampshire’s 

request to withdraw the facility’s NOX

RACT order from the SIP. 

4. VOC RACT for Concord Litho Group 

On December 31, 2013, New 

Hampshire DES submitted an updated 

VOC RACT order for the Concord Litho 

Group located in Concord, New 

Hampshire. The primary cause for 

updating the order was to remove 

specific set point temperatures for the 

two regenerative thermal oxidizers used 

by the facility to reduce VOC emissions. 

In place of these defined set points, New 

Hampshire has updated the order with 

a requirement that the temperature set 

points be determined by the most 

recently approved stack test that 

successfully demonstrated at least a 

90% destruction efficiency. This update 

was made in light of the facility’s 

periodic stack testing requirement, and 

the unique temperature set points that 

these tests produce. EPA is approving 

this revised order because it is 

consistent with CAA requirements for 

VOC RACT and with New Hampshire’s 

Chapter Env-A 1200, VOC RACT 

regulation. 

5. VOC RACT for Sturm, Ruger & 

Company 

On February 4, 2013, New Hampshire 

DES submitted an updated VOC RACT 

order for the Sturm, Ruger & Company 

facility located in Newport, New 

Hampshire. Previously, EPA approved 

VOC RACT Order No. ARD–03–001 into 

the New Hampshire SIP within a final 

rule published in the Federal Register 

on November 15, 2012. See 77 FR 

66388. The updated order contains VOC 

limits for two new processes at the 

facility, a stainless steel bluing line, and 

a camouflage image transfer and coating 

line. 

The bluing line uses a rustproofing 

fluid with a low vapor pressure referred 

to as ‘‘Pen Dip Super.’’ This fluid has a 

low vapor pressure which is less than 

1.0 millimeter (mm) of mercury, and 

New Hampshire DES indicates within 

the updated Order that use of this low 

vapor pressure fluid represents RACT 

for this process. Regarding this vapor 

pressure limit, as a point of reference 

the Ozone Transport Commission’s 

model rule for solvent cleaning uses this 

threshold to distinguish between 

acceptable (less than 1.0 mm mercury), 

and unacceptable (1.0 mm mercury or 

higher) vapor pressures for cold 

cleaning solvents. 

The camouflage image transfer and 

coating process uses a solvent based 

activator-release agent to prepare the 

camouflage image for transfer to a gun. 

Use of the activator-release agent 

produces approximately 0.05 lbs VOC 

per gun produced. This amount was 

significantly lower than other coatings 

available for this process, which ranged 

from 0.09 to 0.20 lbs VOC per gun 

produced, and therefore New 

Hampshire DES determined that use of 

the activator-release agent represented 

RACT for this process. EPA is approving 

this revised order because it is 

consistent with CAA requirements for 

VOC RACT and with New Hampshire’s 

VOC RACT regulation. 

6. VOC RACT for Textile Tapes 

Corporation 

On November 16, 2012, New 

Hampshire DES submitted an 

amendment to a previously issued VOC 

RACT order for the Textile Tapes 

Corporation in Gonic, New Hampshire, 

as a SIP revision request. EPA had 

previously approved VOC RACT order 

ARD–96–001 for this facility into the 

New Hampshire SIP in a final rule 

published in the Federal Register on 

November 5, 2012. See 77 FR 66388. 

The updated order contains VOC 

destruction efficiency requirements, 

minimum operating temperature 

requirements, and testing requirements 

for a new recuperative thermal oxidizer 

that replaced an existing unit previously 

used at the facility. EPA is approving 

this revised order because it is 

consistent with CAA requirements for 

VOC RACT and with New Hampshire’s 

VOC RACT regulation. 

Summary 

We have reviewed New Hampshire’s 

revised NOX RACT regulation, the four 

single-source RACT orders the State 

requested be approved into the SIP, and 

the NOX RACT order the State requested 

be withdrawn from the SIP. We agree 

with the State’s rationale for 

determining that these actions are 

consistent with CAA requirements and 

with New Hampshire’s RACT 

regulations, and we are therefore 

approving each of New Hampshire’s 

requested SIP revisions. 

In summary, today’s action approves 

minor clarifications and/or updates to 

New Hampshire’s previously approved 

NOX RACT regulations and to certain 

VOC and NOX RACT orders. New 

Hampshire will need to address VOC 

and NOX RACT requirements arising 

from the 2008 ozone NAAQS in a future 

SIP submittal to EPA. As explained 

earlier in this notice, today’s action 

approving Env-A 1300, NOX RACT, into 


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Federal Register / Vol. 79, No. 162 / Thursday, August 21, 2014 / Rules and Regulations 49461 

the New Hampshire SIP also corrects an 

inadvertent error, which we are 

correcting pursuant to CAA section 

110(k)(6). As a final note, New 

Hampshire’s re-numbered NOX RACT 

rule is no less stringent than its 

previously adopted rule, thus satisfying 

the anti-backsliding requirements of 

section 110(l) of the CAA. 

III. Final Action 

EPA is approving and incorporating 

into the New Hampshire SIP Env-A 

1300, NOX RACT, as well as sourcespecific VOC and NOX RACT orders for 

the following four facilities: Concord 

Litho Group; Gorham Paper and Tissue, 

LLC; Sturm, Ruger & Company, Inc.; and 

Textile Tapes Corporation. We are also 

approving New Hampshire’s request to 

withdraw from the New Hampshire SIP 

a previously approved NOX RACT order 

for Plymouth Cogeneration Limited 

Partnership. 

The EPA is publishing this action 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should relevant adverse comments be 

filed. This rule will be effective October 

20, 2014 without further notice unless 

the Agency receives relevant adverse 

comments by September 22, 2014. 

If the EPA receives such comments, 

then EPA will publish a notice 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

the proposed rule. All parties interested 

in commenting on the proposed rule 

should do so at this time. If no such 

comments are received, the public is 

advised that this rule will be effective 

on October 20, 2014 and no further 

action will be taken on the proposed 

rule. Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

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 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 October 20, 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: July 29, 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. 


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Subpart EE—New Hampshire 

■ 2. Section 52.1520 is amended by: 

■ a. In Table (c) adding a new state 

citation for Env-A 1300, NOX RACT in 

numerical order; and 

■ b. In Table (d), by: 

■ i. Removing the row with existing 

state citation ‘‘Source specific NOX

RACT order for Plymouth Cogeneration 

Ltd Partnership, Plymouth, NH,’’ and 

■ ii. Adding new state citations for 

Gorham Paper and Tissue, Concord 

Litho Group, Sturm, Ruger & Company, 

and Textile Tapes Corporation at the 

end of the table; 

The amendments read as follows: 

§ 52.1520 Identification of plan. 

* * * * * 

(c) EPA approved regulations. 

EPA-APPROVED NEW HAMPSHIRE REGULATIONS

State 

citation 

Title/ 

subject 

State 

effective date 

EPA 

approval date 1 Explanations 

*******

Env-A 1300 .................... NOX RACT ................... 10/31/2010 08/21/2014 [Insert Federal Register citation].All of Section Env-A 1300 is approved, with the 

exception of the phrase ‘‘or any opacity 

standard specified in Env-A 2000’’ in subparagraph Env-A 1311.03(a)(5) which NH 

withdrew from its SIP submittal. State renumbered NOX RACT from Env-A 1211 to 

Env-A 1300, and made several minor revisions to NOX RACT requirements. 

* * * * * * * 

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. 

(d) EPA-approved State Source 

specific requirements. 

EPA-APPROVED NEW HAMPSHIRE SOURCE SPECIFIC REQUIREMENTS

Name of source Permit No. State effective 

date EPA approval date 2 Explanations 

*******

Gorham Paper and Tissue ........... Order No. ARD–97–003 .............. 10/19/2012 08/21/2014 [Insert Federal Register citation].NOX RACT order. 

Concord Litho Group .................... Order No. ARD–07–003A ........... 12/31/2013 08/21/2014 [Insert Federal Register citation].VOC RACT order. 

Sturm, Ruger & Company ............ Order No. ARD–03–001 .............. 3/21/2012 08/21/2014 [Insert Federal Register citation].VOC RACT order. 

Textile Tapes Corporation ............ Order No. ARD–96–001 .............. 11/16/2012 08/21/2014 [Insert Federal Register citation].VOC RACT order. 

2 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. 

* * * * * 

[FR Doc. 2014–19516 Filed 8–20–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 140106011–4338–02] 

RIN 0648–XD441 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; Trimester Closure for the 

Common Pool Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; area closure. 

SUMMARY: This action closes the Georges 

Bank cod Trimester Total Allowable 

Catch Area for the remainder of 

Trimester 1, through August 31, 2014. 

Based on our projection, the common 

pool fishery has caught over 90 percent 

of its Georges Bank cod Trimester 1 total 

allowable catch triggering the regulatory 

requirement to close the area for the 

remainder of the trimester. This action 

is intended to prevent an overage of the 

common pool’s annual quota of Georges 

Bank cod. 

DATES: This action is effective August 

18, 2014, through August 31, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Brett Alger, Fishery Management 

Specialist, 978–675–2153. 

SUPPLEMENTARY INFORMATION: Federal 

regulations at § 648.82(n)(2)(ii) require 


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