Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Rules and Regulations 2333 

(i) Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

(1) Initial inspections performed before the 

effective date of this AD using P&WC ASB 

No. PW100–72–A21813, Revision 3, dated 

March 21, 2012 or earlier revisions satisfy the 

initial inspection requirements of paragraph 

(f) of this AD. However, you must perform 

the repetitive inspection intervals specified 

in paragraph (f). 

(2) Ultrasonic inspections performed before 

the effective date of this AD per Special 

Instruction P&WC 22–2012R2, dated April 4, 

2012, or earlier revisions satisfy the 

requirements of paragraph (f) of this AD. 

(j) Alternative Methods of Compliance 

(AMOCs) 

The Manager, Engine Certification Office, 

may approve AMOCs for this AD. Use the 

procedures found in 14 CFR 39.19 to make 

your request. 

(k) Related Information 

(1) For more information about this AD, 

contact James Lawrence, Aerospace Engineer, 

Engine Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

email: james.lawrence@faa.gov; phone: 781– 

238–7176; fax: 781–238–7199. 

(2) Refer to Transport Canada AD CF– 

2012–12, dated March 26, 2012, for related 

information. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Pratt & Whitney Canada Alert Service 

Bulletin ASB No. PW100–72–A21798, 

Revision 5, dated March 20, 2012. 

(ii) Reserved. 

(3) The following service information was 

approved for IBR on July 20, 2012, (77 FR 

39624, July 5, 2012). 

(i) Pratt & Whitney Canada Alert Service 

Bulletin No. PW100–72–A21813, Revision 3, 

dated March 21, 2012. 

(ii) Pratt & Whitney Canada Alert Service 

Bulletin No. PW100–72–A21802, Revision 4, 

dated March 16, 2012. 

(iii) Pratt & Whitney Canada Special 

Instruction P&WC 22–2012R2, dated April 4, 

2012. 

(4) For Pratt & Whitney Canada service 

information identified in this AD, contact 

Pratt & Whitney Canada Corp., 1000 MarieVictorin, Longueuil, Quebec, Canada, J4G 

1A1; phone: 800–268–8000; fax: 450–647– 

2888; Web site: www.pwc.ca. 

(5) You may view this service information 

at the FAA, Engine & Propeller Directorate, 

12 New England Executive Park, Burlington, 

MA. For information on the availability of 

this material at the FAA, call 781–238–7125. 

(6) You may view this service information 

at the National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Burlington, Massachusetts, on 

December 21, 2012. 

Colleen M. D’Alessandro, 

Assistant Manager, Engine & Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–31361 Filed 1–10–13; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 61 and 63 

[EPA–R01–OAR–2012–0430; FRL–9697–2] 

Approval of the Clean Air Act, Section 

112(l), Authority for Hazardous Air 

Pollutants: Asbestos Management and 

Control; State of New Hampshire 

Department of Environmental Services 

AGENCY: Environmental Protection 

Agency (‘‘EPA’’). 

ACTION: Direct final rule. 

SUMMARY: Under the Clean Air Act 

(‘‘CAA’’) and Federal regulations 

promulgated there under, the New 

Hampshire Department of 

Environmental Services (‘‘NH DES’’) 

submitted a request for approval to 

implement and enforce the readopted 

and re-codified ‘‘Env-Sw 2100: 

Management and Control of Asbestos 

Disposal Sites Not Operated after July 9, 

1981,’’ and the amended ‘‘Env-A 1801– 

1807.01: Asbestos Management and 

Control,’’ (amended Asbestos 

Management Rules) in place of the 

National Emission Standard for 

Asbestos (‘‘Asbestos NESHAP’’). EPA 

has reviewed this request and has 

determined that the amended Asbestos 

Management Rules satisfy the 

requirements necessary for approval. 

Thus, EPA is hereby granting NH DES 

the authority to implement and enforce 

the amended Asbestos Management 

Rules in place of the Asbestos NESHAP. 

This approval makes NH DES’s 

amended Asbestos Management Rules 

federally enforceable. 

DATES: This direct final rule will be 

effective March 12, 2013, unless EPA 

receives adverse comments by February 

11, 2013. 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. The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register as of March 12, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2012–0430 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: mcdonnell.ida@epa.gov. 

3. Fax: (617) 918–0653. 

4. Mail: ‘‘EPA–R01–OAR–2012– 

0430’’, Ida E. McDonnell, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square (mail code OEP05–2), 

Boston, MA 02109–3912. 

5. Hand Delivery or Courier: Deliver 

your comments to: Ida McDonnell, 

Manager, Air Permits, Toxics and 

Indoor Programs Unit, Office of 

Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square, 5th floor, (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 to 4:30, excluding legal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2012– 

0430. 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. EPA will forward copies of all 


erowe on DSK2VPTVN1PROD with 
2334 Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Rules and Regulations 

submitted comments to the New 

Hampshire Department of 

Environmental Services. 

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 the Office of Ecosystem 

Protection, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square, 

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 to 4:30, excluding 

legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lancey, Air Permits, Toxics and 

Indoor Programs Unit, Office of 

Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square (OEP05–2), Boston, MA 

02109–3912, telephone number (617) 

918–1656, fax number (617) 918–0656, 

email lancey.susan@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. 

Table of Contents 

I. Background and Purpose 

II. What requirements must a state rule meet 

to substitute or adjust a section 112 rule? 

III. How will EPA determine equivalency for 

state alternative NESHAP requirements? 

IV. What changes did NH make to its asbestos 

disposal site rule? 

V. What changes did NH make to its asbestos 

management and control rule? 

VI. What is EPA’s action regarding NH DES’s 

amended asbestos management rules? 

VII. Final Action 

VIII. Judicial Review 

IX. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

I. Background and Purpose 

Under CAA section 112(l), EPA may 

approve state or local rules or programs 

to be implemented and enforced in 

place of certain otherwise applicable 

Federal rules, emissions standards, or 

requirements. The Federal regulations 

governing EPA’s approval of state and 

local rules or programs under section 

112(l) are located at 40 CFR Part 63, 

Subpart E. See 58 FR 62262 (November 

26, 1993), as amended by 65 FR 55810 

(September 14, 2000). Under these 

regulations, a state air pollution control 

agency has the option to request EPA’s 

approval to substitute a state rule for the 

applicable Federal rule (e.g., the 

National Emission Standards for 

Hazardous Air Pollutants). Upon 

approval by EPA, the state agency is 

authorized to implement and enforce its 

rule in place of the Federal rule. 

The Environmental Protection Agency 

(EPA) first promulgated standards to 

regulate asbestos emissions on April 6, 

1973 (see 38 FR 8826). These standards 

have since been amended several times 

and re-codified in 40 CFR part 61, 

subpart M, ‘‘National Emission Standard 

for Asbestos’’ (Asbestos NESHAP). On 

June 28, 2002, NH DES submitted a 

partial rule substitution request to 

implement and enforce its regulation 

Env-Wm 3900 titled ‘‘Management and 

Control of Asbestos Disposal Sites Not 

Operated After July 9, 1981’’ (Asbestos 

Disposal Site Rule) in lieu of some 

sections of the Asbestos NESHAP as 

they apply to certain inactive waste 

disposal sites. On May 28, 2003, EPA 

approved the Asbestos Disposal Site 

Rule as a partial rule substitution for the 

provisions of the Asbestos NESHAP, 

under section 61.151, which apply to 

inactive waste disposal sites not 

operated after July 9, 1981. (See 68 FR 

31611). On November 15, 2005 and 

January 10, 2006, respectively, EPA 

received a request and a supplement 

from NH DES for a rule adjustment to 

implement and enforce its regulation 

Env-A 1800 titled ‘‘Asbestos 

Management and Control’’ (Asbestos 

Management and Control Rule) in lieu 

of the Asbestos NESHAP, except for 

inactive waste disposal sites not 

operated after July 9, 1981. On 

November 28, 2006, EPA approved the 

Asbestos Management and Control Rule 

as a rule adjustment for the Asbestos 

NESHAP, except for inactive waste 

disposal sites not operated after July 9, 

1981. 

Under Section 63.91(e)(2), within 90 

days of any state amendment, repeal, or 

revision of any state rule approved as an 

alternative to a Federal requirement, the 

state must provide EPA with a copy of 

the revised authorities and request 

approval of the revised rule. In a letter 

dated January 28, 2010, NH DES 

requested approval of its readopted 

rules pertaining to inactive waste 

disposal sites in New Hampshire. 

Specifically, NH DES requested that 

EPA approve its readopted and recodified rules in Env-Sw 2100 titled 

‘‘Management and Control of Asbestos 

Sites Not Operated After July 9, 1981’’ 

(amended Asbestos Disposal Site Rule). 

On April 1, 2010, EPA determined that 

NH’s submittal was complete. In a letter 

dated February 25, 2011, supplemented 

on September 16, 2011 and October 20, 

2011, NH DES requested approval of its 

amended rules pertaining to asbestos 

management in New Hampshire. 

Specifically, NH DES requested 

approval of its amended rules in Env-A 

1800 titled ‘‘Asbestos Management and 

Control’’, effective October 21, 2008, 

Sections 1801–1807, excluding the 

following provisions: 1801.02(e), 

1802.02, 1802.04, 1802.07–1802.09, 

1802.13, 1802.15–1802.17, 1802.28– 

1802.29, 1802.36, 1802.42, 1802.45, 

1802.50, 1802.54, 1804.05–1804.09, and 

1807.02 (amended Asbestos 

Management and Control Rule). On 

November 16, 2011, EPA determined 

that NH’s submittal was complete. 

As explained below, EPA has 

reviewed the State’s submissions and 

determined that the amended Asbestos 

Disposal Site Rule and the amended 

Asbestos Management and Control Rule 

are no less stringent than the provisions 

of the Asbestos NESHAP. EPA is 

therefore approving NH DES’s requests 

to implement and enforce its readopted 

and re-codified rules in Env-Sw 2100, 

‘‘Management and Control of Asbestos 

Disposal Sites Not Operated After July 

9, 1981,’’ as a partial rule substitution 

for the same provisions of 40 CFR 61.01 

through 40 CFR 61.18 and 40 CFR 

61.151 that were substituted by the 

predecessor rule Env-Wm 3900 on May 

28, 2003. EPA is also approving NH 

DES’s request to implement and enforce 

its amended rules in Env-A 1800, 

‘‘Asbestos Management and Control’’, 

effective October 21, 2008, Sections 

1801–1807, excluding the following 


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Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Rules and Regulations 2335 

provisions: 1801.02(e), 1802.02, 

1802.04, 1802.07–1802.09, 1802.13, 

1802.15–1802.17, 1802.28–1802.29, 

1802.36, 1802.42, 1802.45, 1802.50, 

1802.54, 1804.05–1804.09, and 1807.02, 

as a rule adjustment for the Asbestos 

NESHAP, except inactive waste disposal 

sites not operated after July 9, 1981. 

In addition, in the Federal Register on 

May 13, 2009, EPA corrected a 

sequential numbering error in 40 CFR 

63.99. See 74 FR 22437. In this 

rulemaking, paragraph (a)(29) of section 

63.99, the subparagraph for the state of 

New Hampshire, was redesignated as 

paragraph (a)(30). However, the 

references to paragraph (a)(29) in the 

incorporation by reference section 

63.14(d)(5)(i) and (ii) were not corrected 

to refer to paragraph (a)(30) at that time. 

Therefore, today’s notice also corrects 

the references in 40 CFR 63.14(d)(5) to 

appropriately refer to paragraph (a)(30). 

II. What requirements must a state rule 

meet to substitute or adjust a section 

112 rule? 

A state must demonstrate that it has 

satisfied the general delegation/approval 

criteria contained in 40 CFR 63.91(d). 

The process of providing ‘‘up-front 

approval’’ assures that a state has met 

the delegation criteria in Section 

112(l)(5) of the CAA (as codified in 40 

CFR 63.91(d)), that is, that the state has 

demonstrated that its NESHAP program 

contains adequate authorities to assure 

compliance with each applicable 

Federal requirement, adequate resources 

for implementation, and an expeditious 

compliance schedule. Under 40 CFR 

63.91(d) (3), interim or final Title V 

program approval satisfies the criteria 

set forth in 40 CFR 63.91(d) for ‘‘upfront approval.’’ On September 24, 2001, 

EPA promulgated full approval of NH 

DES’s operating permits program. See 

66 FR 48806. Accordingly, NH DES has 

satisfied the up-front approval criteria of 

40 CFR 63.91(d). 

Additionally, the ‘‘rule substitution’’ 

and ‘‘rule adjustment’’ options require 

EPA to make a detailed and thorough 

evaluation of the state’s submittal to 

ensure that it meets the stringency and 

other requirements of 40 CFR 63.93 and 

40 CFR 63.92, respectively. A rule will 

be approved as a substitute if the state 

or local government demonstrates: (1) 

The state and local rules contain 

applicability criteria that are no less 

stringent than the corresponding 

Federal rule; (2) the state and local rule 

requires levels of control and 

compliance and enforcement measures 

that would achieve emission reductions 

from each affected source that are no 

less stringent than would result from the 

otherwise applicable Federal standard; 

(3) the schedule for implementation and 

compliance is consistent with the 

deadlines established in the otherwise 

applicable Federal rule; and (4) the state 

requirements include additional 

compliance and enforcement measures 

as specified in 40 CFR 63.93(b)(4). See 

40 CFR 63.93(b). A rule will be 

approved as an adjustment if the state 

or local government demonstrates: (1) 

The public within the state has had 

adequate notice and opportunity to 

submit written comments on the state 

requirements; and (2) that each state 

adjustment to the Federal rule 

individually results in requirements that 

are unequivocally no less stringent than 

the applicable Federal rule regarding 

applicability and level of control and 

compliance and enforcement measures 

for each affected source and emission 

point and assure compliance by every 

affected source no later than would be 

required by the Federal rule. See 40 CFR 

63.92(b). 

After reviewing NH DES’s amended 

Asbestos Management Rules and 

equivalency demonstrations for the 

Asbestos NESHAP, as the rules apply to 

sources in New Hampshire, EPA has 

determined these requests meet all the 

requirements necessary for approval 

under CAA section 112(l) and 40 CFR 

63.91, 63.92 and 63.93. 

III. How will EPA determine 

equivalency for state alternative 

NESHAP requirements? 

Before we can approve alternative 

requirements in place of a part 63 

emissions standard, the state must 

submit to us detailed information that 

demonstrates how the alternative 

requirements compare with the 

otherwise applicable Federal standard. 

Under 40 CFR part 63 subpart E, the 

level of control in the state rule must be 

at least as stringent as the level of 

control in the Federal rule. For a rule 

adjustment, each adjustment taken 

individually must be no less stringent 

than the corresponding requirement in 

our standard. In addition, in order for 

equivalency to be granted for a rule 

substitution, the level of control and 

compliance and enforcement measures 

(monitoring, reporting and 

recordkeeping (‘‘MRR’’)) of the state 

rule, taken together as a whole, must be 

equivalent to the level of control and 

MRR of the Federal rule, taken together 

as a whole. A detailed discussion of 

how EPA will determine equivalency 

under the rule substitution option for 

state alternative NESHAP requirements 

is provided in the preamble to EPA’s 

proposed Subpart E amendments on 

January 12, 1999. See 64 FR 1908. 

IV. What changes did NH make to its 

asbestos disposal site rule? 

The NH DES recently completed the 

process of readopting expiring 

administrative rules pertaining to 

management of certain inactive asbestos 

sites in New Hampshire. These rules, 

known as the Asbestos Disposal Site 

Rule, had been previously approved by 

the EPA in 2003, under the provisions 

of 40 CFR 63.93, as a substitute for 

certain requirements in the Asbestos 

NESHAP (see 68 FR 31611, May 28, 

2003). The Asbestos Disposal Site Rule, 

originally codified as Env-Wm 3900, 

became re-designated editorially in 

2008, with a new subtitle, as Env-Sw 

2100, pursuant to a state approved 

reorganization plan for NH DES rules. 

The Env-Sw 2100 rules were set to 

expire on February 16, 2010. On January 

26, 2010, with an effective date of 

February 16, 2010, NH readopted the 

Env-Sw 2100 rules with minor 

amendments (amended Asbestos 

Disposal Site Rule). No substantive 

changes were made to the rules. The 

changes to the regulations include the 

following: (1) In 2005, NH DES enacted 

legislation to transfer the portions of the 

asbestos control program that had been 

at the NH Department of Health and 

Human Services (DHHS) to NH DES. In 

the amended Asbestos Disposal Site 

Rule, references to DHHS were updated 

accordingly; and (2) In 2008, NH DES 

consolidated the former DHHS rules 

into Env-A 1800 from He-P 5000. In the 

amended Asbestos Disposal Site Rule, 

references to He-P 5000 were updated 

accordingly. 

V. What changes did NH make to its 

asbestos management and control rule? 

On October 28, 2008, NH DES 

readopted the Asbestos Management 

and Control Rule Env-A 1800 (amended 

Asbestos Management and Control Rule) 

and incorporated the state’s asbestos 

licensing rules, which were previously 

codified in He-P 5000. NH DES is not 

requesting approval of the amended 

sections of Env-A 1800 which 

incorporate the asbestos licensing rules 

and are unrelated to the Asbestos 

NESHAP. In readopting Env-A 1800, NH 

DES also made some changes to Env-A 

1800 editorial in nature, intended to 

clarify rather than substantially amend 

the Asbestos Management and Control 

Rule. As in the original approved rule, 

the amended Asbestos Management and 

Control Rule continues to incorporate 

most, but not all, of the Asbestos 

NESHAP into Section 1807.01. The only 

changes to the Asbestos NESHAP 

incorporation by reference section 

1807.01 are the following: (1) NH 


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2336 Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Rules and Regulations 

revised the reference to the NH Statute; 

(2) NH updated the incorporation by 

reference date to the version of the 

Asbestos NESHAP rule in the July 2007 

Code of Federal Regulations; and (3) NH 

changed the term ‘‘owner/operator’’ to 

the acronym ‘‘O/O’’. The November 28, 

2006 Federal Register Notice contains a 

more detailed discussion of the 

differences between the Asbestos 

Management and Control Rule and the 

Asbestos NESHAP. 

VI. What is EPA’s action regarding NH 

DES’s amended asbestos management 

rules? 

After reviewing the request for 

approval of NH DES’s amended 

Asbestos Disposal Site Rule, and NH 

DES’s amended Asbestos Management 

and Control rule, EPA has determined 

that these requests meet all of the 

requirements necessary to qualify for 

partial rule substitution approval and 

rule adjustment approval under CAA 

section 112(l) and 40 CFR 63.91, 63.92, 

and 63.93. EPA has determined that NH 

DES’s amended Asbestos Disposal Site 

Rule is equivalent to or not less 

stringent than the Asbestos NESHAP, as 

it applies to inactive waste disposal 

sites not operated after July 9, 1981. 

EPA has also determined that NH DES’s 

amended Asbestos Management and 

Control Rule is equivalent to or not less 

stringent than the Asbestos NESHAP, as 

it applies to sources except for inactive 

waste disposal sites not operated after 

July 9, 1981. Therefore, EPA hereby 

approves NH DES’s amended Asbestos 

Management Rules to be used in place 

of the Asbestos NESHAP. As of the 

effective date of this action, NH DES’s 

amended Asbestos Disposal Site Rule 

and NH DES’s amended Asbestos 

Management and Control Rule are 

enforceable by the EPA and citizens 

under the CAA. Although NH DES has 

primary implementation and 

enforcement responsibility, EPA retains 

the right, pursuant to CAA section 

112(l)(7), to enforce any applicable 

emission standard or requirement under 

CAA section 112. 

VII. Final Action 

The EPA is approving NH’s readopted 

and re-codified rules in Env-Sw 2100, 

‘‘Management and Control of Asbestos 

Disposal Sites Not Operated After July 

9, 1981,’’ effective as of February 16, 

2010, as a partial rule substitution for 

the Asbestos NESHAP, as it applies to 

those inactive waste disposal sites not 

operating after July 9, 1981, that are 

subject to 40 CFR 61.151 in New 

Hampshire. The EPA is also approving 

NH DES’s amended rules in Env-A 

1800, ‘‘Asbestos Management and 

Control’’, effective October 21, 2008, 

Sections 1801–1807, excluding the 

following provisions: 1801.02(e), 

1802.02, 1802.04, 1802.07–1802.09, 

1802.13, 1802.15–1802.17, 1802.28– 

1802.29, 1802.36, 1802.42, 1802.45, 

1802.50, 1802.54, 1804.05–1804.09, and 

1807.02, as a rule adjustment for the 

Asbestos NESHAP except for inactive 

waste disposal sites not operating after 

July 9, 1981. 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 rule revision should 

relevant adverse comments be filed. 

This rule will be effective March 12, 

2013 without further notice unless the 

Agency receives relevant adverse 

comments by February 11, 2013. 

If the EPA receives such comments, 

then EPA will publish a notice 

withdrawing the direct final rule and 

informing the public that the direct final 

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 March 12, 2013 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. 

VIII. Judicial Review 

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

Air Act (CAA), judicial review of this 

final rule is available only by filing a 

petition for review in the United States 

Court of Appeals for the appropriate 

circuit by March 12, 2013. Under CAA 

section 307(b)(2), the requirements 

established by this final rule may not be 

challenged separately in any civil or 

criminal proceedings brought by EPA to 

enforce these requirements. 

Section 307(d)(7)(B) of the CAA 

further provides that ‘‘[o]nly an 

objection to a rule or procedure which 

was raised with reasonable specificity 

during the period for public comment 

(including any public hearing) may be 

raised during judicial review.’’ This 

section also provides a mechanism for 

us to convene a proceeding for 

reconsideration, ‘‘[i]f the person raising 

an objection can demonstrate to the EPA 

that it was impracticable to raise such 

objection within [the period for public 

comment] or if the grounds for such 

objection arose after the period for 

public comment (but within the time 

specified for judicial review) and if such 

objection is of central relevance to the 

outcome of the rule.’’ Any person 

seeking to make such a demonstration to 

us should submit a Petition for 

Reconsideration to the Regional 

Administrator, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square, 

(ORA 01–4), Boston, MA 02109–3912, 

with a copy to the person(s) listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section, and the Regional 

Counsel, U.S. Environmental Protection 

Agency, EPA New England Regional 

Office, 5 Post Office Square, (ORA 18– 

1), Boston, MA 02109–3912. Filing a 

petition for reconsideration by the 

Administrator of this final rule under 

CAA section 307(d)(7)(B) does not affect 

the finality of this rule for the purposes 

of judicial review, does not extend the 

time within which a petition for judicial 

review may be filed, and does not 

postpone the effectiveness of the rule. 

IX. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action approves equivalent state 

requirements in place of Federal 

requirements under CAA section 112(l). 

This type of action is exempt from 

review under EO 12866. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). This action 

allows the state of New Hampshire to 

implement equivalent state 

requirements in lieu of pre-existing 

Federal requirements as applied only to 

certain asbestos-emitting activities. 

Thus, this action does not require any 

person to submit information. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 


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economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small not-forprofit enterprises, and small 

governmental jurisdictions. For 

purposes of assessing the impacts of 

today’s rule on small entities, small 

entity is defined as: (1) A small business 

that meets the Small Business 

Administration size standards found at 

13 CFR 121.201, (2) a small 

governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000, and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. After considering 

the economic impacts of today’s final 

rule on small entities, I certify that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. This final rule 

will not have a significant impact on a 

substantial number of small entities 

because approvals under CAA section 

112(l) and 40 CFR 63.92 and 40 CFR 

63.93 do not create any new 

requirements. Such approvals simply 

allow a state to implement and enforce 

equivalent requirements in place of the 

Federal requirements that EPA is 

already imposing. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for State, local, or tribal 

governments or the private sector. The 

action imposes no enforceable duty on 

any State, local or tribal governments or 

the private sector. Therefore, this action 

is not subject to the requirements of 

sections 202 or 205 of the UMRA. This 

action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. This 

action allows the state of New 

Hampshire to implement equivalent 

state requirements in lieu of pre-existing 

Federal requirements as applied only to 

certain asbestos-emitting activities. 

Thus, this action does not significantly 

or uniquely affect small governments. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. This action 

simply allows New Hampshire to 

implement equivalent alternative 

requirements to replace a Federal 

standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. Thus, Executive Order 

13132 does not apply to this action. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Government 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This action allows the state of 

New Hampshire to implement 

equivalent state requirements in lieu of 

pre-existing Federal requirements as 

applied only to certain asbestos-emitting 

activities. This action will not have 

substantial direct effects on tribal 

governments, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes, 

as specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because it approves a state 

program such that it allows the state of 

New Hampshire to implement 

equivalent state requirements in lieu of 

pre-existing Federal requirements as 

applied only to certain asbestos-emitting 

activities. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law No. 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. This action allows the 

state of New Hampshire to implement 

equivalent state requirements in lieu of 

pre-existing Federal requirements as 

applied only to certain asbestos-emitting 

activities. The state requirements 

contain standards that are at least 

equivalent to the federal standards; 

thus, we anticipate only a positive 

impact from this action. 

K. Congressional Review Act 

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 rule 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 


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2338 Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Rules and Regulations 

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). This rule 

will be effective March 12, 2013. 

List of Subjects in 40 CFR Parts 61 and 

63 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Hazardous 

substances, Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Authority: This action is issued under the 

authority of section 112 of the Clean Air Act, 

as amended, 42 U.S.C. 7412. 

Dated: December 19, 2012. 

Ira Leighton, 

Acting Regional Administrator, EPA-New 

England. 

Therefore, 40 CFR parts 61 and 63 are 

amended as follows: 

PART 61—NATIONAL EMISSION 

STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS 

■ 1. The authority citation for parts 61 

and part 63 continues to read as follows: 

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

Subpart A—General Provisions 

■ 2. Section 61.04 is amended by 

revising paragraph (c)(1) to read as 

follows: 

§ 61.04 Address. 

(c) * * * 

(1)(i) Inactive waste disposal sites not 

operated after July 9, 1981 within the 

state of New Hampshire must comply 

with the New Hampshire Regulations at 

Env-Sw 2100: Management and Control 

of Asbestos Disposal Sites Not Operated 

after July 9, 1981, effective February 16, 

2010 (incorporated by reference, see 

§ 61.18). 

(ii) The remainder of the sources 

subject to the Part 61 Subpart M 

Asbestos provisions, except for those 

listed under paragraph (c)(1)(i) of this 

section, must comply with the New 

Hampshire Regulations at Env-A 1800, 

Asbestos Management and Control, 

effective October 21, 2008, Sections 

1801–1807, excluding the following 

provisions: 1801.02(e), 1802.02, 

1802.04, 1802.07–1802.09, 1802.13, 

1802.15–1802.17, 1802.28–1802.29, 

1802.36, 1802.42, 1802.45, 1802.50, 

1802.54, 1804.05–1804.09, and 1807.02 

(incorporated by reference, see § 61.18). 

* * * * * 

■ 3. Section 61.18 is amended by 

revising paragraph (e)(1) to read as 

follows: 

§ 61.18 Incorporation by reference. 

* * * * * 

(e) State and Local Requirements. The 

following materials listed below are 

available at the Air and Radiation 

Docket and Information Center, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460, telephone number (202) 566– 

1745. 

(1)(i) New Hampshire Regulations at 

Env-Sw 2100, Management and Control 

of Asbestos Disposal Sites Not Operated 

after July 9, 1981, effective February 16, 

2010 (including a letter from Thomas S. 

Burack, Commissioner, Department of 

Environmental Services, State of New 

Hampshire, to Carol J. Holahan, 

Director, Office of Legislative Services, 

dated February 12, 2010, certifying that 

the enclosed rule, Env-Sw 2100, is the 

official version of this rule). 

Incorporation By Reference approved 

for § 61.04(c). 

(ii) New Hampshire Regulations at 

Env-A 1800, Asbestos Management and 

Control, effective October 21, 2008, 

Sections 1801–1807, excluding the 

following provisions: 1801.02(e), 

1802.02, 1802.04, 1802.07–1802.09, 

1802.13, 1802.15–1802.17, 1802.28– 

1802.29, 1802.36, 1802.42, 1802.45, 

1802.50, 1802.54, 1804.05–1804.09, 

1807.02 (including a letter from Thomas 

S. Burack, Commissioner, Department of 

Environmental Services, State of New 

Hampshire, to Carol J. Holahan, 

Director, Office of Legislative Services, 

dated November 14, 2008, certifying 

that the enclosed rule, Env-A 1800, is 

the official version of this rule). 

Incorporation By Reference approved 

for § 61.04(c). 

* * * * * 

PART 63—NATIONAL EMISSION 

STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS FOR SOURCE 

CATEGORIES 

Subpart A—General Provisions 

■ 4. Section 63.14 is amended by 

revising paragraph (d)(5) to read as 

follows: 

§ 63.14 Incorporation by reference. 

* * * * * 

(d) * * * 

(5)(i) New Hampshire Regulations at 

Env-Sw 2100, Management and Control 

of Asbestos Disposal Sites Not Operated 

after July 9, 1981, effective February 16, 

2010 (including a letter from Thomas S. 

Burack, Commissioner, Department of 

Environmental Services, State of New 

Hampshire, to Carol J. Holahan, 

Director, Office of Legislative Services, 

dated February 12, 2010, certifying that 

the enclosed rule, Env-Sw 2100, is the 

official version of this rule). 

Incorporation By Reference approved 

for § 63.99(a). 

(ii) New Hampshire Regulations at 

Env-A 1800, Asbestos Management and 

Control, effective October 21, 2008, 

Sections 1801–1807, excluding the 

following provisions: 1801.02(e), 

1802.02, 1802.04, 1802.07–1802.09, 

1802.13, 1802.15–1802.17, 1802.28– 

1802.29, 1802.36, 1802.42, 1802.45, 

1802.50, 1802.54, 1804.05–1804.09, 

1807.02 (including a letter from Thomas 

S. Burack, Commissioner, Department of 

Environmental Services, State of New 

Hampshire, to Carol J. Holahan, 

Director, Office of Legislative Services, 

dated November 14, 2008, certifying 

that the enclosed rule, Env-A 1800, is 

the official version of this rule). 

Incorporation By Reference approved 

for § 63.99(a). 

* * * * * 

Subpart E—Approval of State 

Programs and Delegation of Federal 

Authorities 

■ 5. Section 63.99 is amended by 

revising paragraphs (a)(30)(iii) and (iv) 

to read as follows: 

§ 63.99 Delegated Federal authorities. 

(a) * * * 

(30) * * * 

(iii) Affected inactive waste disposal 

sites not operated after July 9, 1981 

within New Hampshire must comply 

with New Hampshire Regulations 

Applicable to Hazardous Air Pollutants 

(incorporated by reference as specified 

in § 63.14(d)) as described in paragraph 

(a)(30)(iii)(A) of this section: 

(A) The material incorporated into the 

New Hampshire Regulations at Env-Sw 

2100: Management and Control of 

Asbestos Disposal Sites Not Operated 

after July 9, 1981, effective February 16, 

2010, pertaining to inactive waste 

disposal sites not operated after July 9, 

1981 in the State of New Hampshire’s 

jurisdiction, and has been approved 

under the procedures in 40 CFR Part 

63.93 to be implemented and enforced 

in place of the Federal NESHAPs for 

Inactive Waste Disposal Sites (40 CFR 

61.151). 

(B) [RESERVED] 

(iv) Affected asbestos facilities (i.e., 

facilities found under 40 CFR Part 61, 

subpart M, except those listed under 

paragraph (a)(30)(iii)) of this section) 

must comply with New Hampshire 

Regulations Applicable to Hazardous 

Air Pollutants (incorporated by 

reference as specified in § 63.14(d)) as 

described in paragraph (a)(30)(iv)(A) of 

this section: 


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(A) The material incorporated into the 

New Hampshire Regulations at Env-A 

1800, Asbestos Management and 

Control, effective October 21, 2008, 

Sections 1801–1807, excluding the 

following provisions: 1801.02(e), 

1802.02, 1802.04, 1802.07–1802.09, 

1802.13, 1802.15–1802.17, 1802.28– 

1802.29, 1802.36, 1802.42, 1802.45, 

1802.50, 1802.54, 1804.05–1804.09, and 

1807.02, pertaining to those affected 

sources in the State of New Hampshire’s 

jurisdiction, and has been approved 

under the procedures in 40 CFR 63.92 

to be implemented and enforced in 

place of the federal NESHAPs found at 

40 CFR part 61, subpart M (except those 

listed under paragraph (a)(30)(iii) of this 

section). 

(B) [RESERVED] 

* * * * * 

[FR Doc. 2013–00184 Filed 1–10–13; 8:45 am] 

BILLING CODE P 


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