50608 Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations 

EPA-APPROVED NEW HAMPSHIRE REGULATIONS

State citation Title/subject State effective date EPA approval date 1 Explanations 

*******

Env-A 2300 .............................. Mitigation of Regional Haze .... 1/8/11 8/22/12 [Insert Federal Register page number where the document begins].........................

* * * * * * * 

1 In order to determine the EPA effective date for a specific provision listed in the 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 Additional explanations/ § 52.1535 citation 

*******

PSNH Merrimack Station ........ TP–0008 7/8/2011 8/22/2012 [Insert Federal Register page 

number where the document begins].

Flue Gas Desulfurization System. 

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. 

(e) Nonregulatory. 

NEW HAMPSHIRE NONREGULATORY

Name of nonregulatory SIP provision Applicable geographic or 

nonattainment area 

State submittal date/effective 

date EPA approved date 3 Explanations 

*******

New Hampshire Regional Haze 

SIP and its supplements.

Statewide ......................... 1/29/2010; supplements submitted; 1/14/2011, 8/26/2011.8/22/2012 [Insert Federal Register page number where 

the document begins].

........................

3 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. 2012–20271 Filed 8–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2012–0620; A–1–FRL– 

9719–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Hampshire; Hot Mix Asphalt Plants 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving in part a 

State Implementation Plan (SIP) 

revision submitted by the State of New 

Hampshire on January 28, 2005. 

Specifically, EPA is approving a 

revision to New Hampshire’s regulation 

Env-A 2703.02 for hot mix asphalt 

plants. This rule establishes and 

requires limitations on visible emissions 

from all hot mix asphalt plants. This 

revision is consistent with the 

maintenance of all National Ambient 

Air Quality Standards (NAAQS) in New 

Hampshire. This action is being taken 

under the Clean Air Act. 

DATES: This direct final rule will be 

effective October 22, 2012, unless EPA 

receives adverse comments by 

September 21, 2012. 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–2012–0620 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: arnold.anne@epa.gov. 

3. Fax: (617) 918–0047. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2012–0620’’, 

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, 

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 


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Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations 50609 

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– 

0620. 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, 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 to 4:30, 

excluding legal holidays. 

In addition, copies of the state 

submittal and EPA’s technical support 

document 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: 

Alison C. Simcox, Air Quality Planning 

Unit, U.S. Environmental Protection 

Agency, EPA New England Regional 

Office, Office of Ecosystem Protection, 5 

Post Office Square—Suite 100, Mail 

Code OEP05–2, Boston, MA 02109– 

3912, telephone number (617) 918– 

1684, fax number (617) 908–0684, email 

simcox.alison@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background and Purpose 

II. Summary of SIP Revision 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

New Hampshire adopted regulations 

to limit particulate matter, visible 

emissions, and fugitive emissions from 

hot mix asphalt plants in 1995. In 2002, 

EPA approved Chapter Env-A 1200 

‘‘Prevention, Abatement, and Control of 

Stationary Source Air Pollution,’’ Part 

Env-A 1207 ‘‘Asphalt Plants’’ into the 

New Hampshire State Implementation 

Plan (67 FR 48033). Env-A 1207 has 

since been recodified as Env-A 2700. 

On July 27, 2004, the New Hampshire 

Department of Environmental Services 

(NH DES) proposed revisions to Env-A 

2700 ‘‘Hot Mix Asphalt Plants’’ and 

held a public hearing on September 15, 

2004. Subsequently, NH DES amended 

Env-A 2700 based on comments 

received from EPA and others, and 

adopted the regulation revisions on 

November 19, 2004, with an effective 

date of November 24, 2004. On January 

28, 2005, NH DES submitted these 

revisions to EPA for inclusion in the 

New Hampshire SIP. EPA’s review of 

the SIP submittal indicates that EPA 

comments on the revisions to Env-A 

2700 have been adequately addressed. 

At this time, EPA is only approving 

the New Hampshire SIP revision for 

Env-A 2703.02(a). EPA will take action 

on the remainder of Env-A 2700 at a 

later date. 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. 

II. Summary of SIP Revision 

On January 28, 2005, NH DES 

submitted to EPA amendments to EnvA 2700 Hot Mix Asphalt Plants. The 

rule presently in the New Hampshire 

SIP (Env-A 1207.02) applies to pre-June 

1974 asphalt plants and provides an 

alternate opacity limit (60 percent 

opacity, No. 3 on the Ringelmann 

Smoke Chart) for a specified time period 

(3 minutes per startup). This provision 

did not meet all of EPA’s policy 

requirements for source-specific startup 

and shutdown emission limits (EPA 

memorandum, September 20, 1999, 

‘‘State Implementation Plans: Policy 

Regarding Excess Emissions During 

Malfunctions, Startup, and Shutdown’’). 

NH DES has recodified and replaced 

Env-A 1207.02 with Env-A 2703.02 

(‘‘Visible Emission Standards for Hot 

Mix Asphalt Plants’’). Env-A 2703.02(a) 

states that ‘‘The owner or operator of a 

hot mix asphalt plant shall not cause or 

allow visible fugitive emissions or 

visible stack emissions to exceed an 

average of 20 percent opacity for any 

continuous 6-minute period’’ with no 

exemptions. The revised rule applies to 

all hot mix asphalt plants regardless of 

construction date. Thus, the revised rule 

is more stringent than current SIP 

requirements, is consistent with EPA’s 

policy, and meets the section 110(l) 

anti-backsliding requirements of the 

Clean Air Act. 

At this time EPA is not taking action 

on provisions of Chapter Env-A 2700 

other than Env-A 2703.02(a). EPA 

intends to take action on the remainder 

of Env-A 2700 in the near future. 

III. Final Action 

EPA is approving amendments to the 

New Hampshire Hot Mix Asphalt Plant 

Rule at Env-A 2703.02(a) into the New 

Hampshire SIP. EPA has determined 

that the revised Env-A 2703.02(a) meets 

the applicable requirements of section 

110 of the Clean Air Act. 

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 

22, 2012 without further notice unless 


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50610 Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations 

the Agency receives relevant adverse 

comments by September 21, 2012. 

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 22, 2012 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 22, 2012. 

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, Intergovernmental relations, 

Particulate matter. 

Dated: August 7, 2012. 

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—[AMENDED] 

■ 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. In § 52.1520, the table in paragraph 

(c) is amended by adding a new entry 

for state citation ‘‘Env-A 2703.02(a)’’ in 

alphanumeric order to 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 2703.02(a) ... Hot Mix Asphalt 

Plants.

11/4/2004 8/22/2012 [Insert Federal Register 

page number where the document 

begins] 

Adopted Regulation established Hot Mix 

Asphalt Plant Requirements. 


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Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations 50611 

1Areas designated as mandatory Class I Federal 

areas consist of national parks exceeding 6000 

acres, wilderness areas and national memorial parks 

exceeding 5000 acres, and all international parks 

that were in existence on August 7, 1977. 42 U.S.C. 

7472(a). In accordance with section 169A of the 

CAA, EPA, in consultation with the Department of 

Interior, promulgated a list of 156 areas where 

visibility is identified as an important value. 44 FR 

69122 (November 30, 1979). The extent of a 

mandatory Class I area includes subsequent changes 

in boundaries, such as park expansions. 42 U.S.C. 

7472(a). Although states and tribes may designate 

as Class I additional areas which they consider to 

have visibility as an important value, the 

requirements of the visibility program set forth in 

section 169A of the CAA apply only to ‘‘mandatory 

Class I Federal areas.’’ Each mandatory Class I 

Federal area is the responsibility of a ‘‘Federal Land 

Manager.’’ 42 U.S.C. 7602(i). When we use the term 

‘‘Class I area’’ in this action, we mean a ‘‘mandatory 

Class I Federal area.’’ 

EPA-APPROVED NEW HAMPSHIRE REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date 1 Explanations 

*******

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. 

[FR Doc. 2012–20500 Filed 8–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2012–0344, FRL–9718–9] 

Approval and Promulgation of 

Implementation Plans; State of 

Oregon; Regional Haze State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve portions of a State 

Implementation Plan (SIP) revision 

submitted by the State of Oregon on 

December 10, 2010 and supplemented 

on February 1, 2011, as meeting the 

requirements of Clean Air Act (CAA or 

the Act) section 169A and B and the 

regional haze regulations in 40 CFR 

51.308. In a previous action on July 5, 

2011, EPA approved portions of the 

December 10, 2010, SIP submittal as 

meeting the requirements for interstate 

transport for visibility of CAA section 

110(a)(2)(D)(II) and certain requirements 

of the regional haze program including 

the requirements for best available 

retrofit technology (BART). 76 FR 

38997. On May 23, 2012, EPA proposed 

approving the remaining portion of the 

Regional Haze SIP including those 

portions that address requirements of 

the CAA and EPA’s rules that require 

states to set Reasonable Progress Goals 

(RPGs) for their Class I areas, and to 

develop a Long-Term Strategy (LTS) to 

achieve these goals. 77 FR 30454. In this 

Federal Register notice EPA finalizes its 

approval of the remaining Regional 

Haze SIP elements for which EPA 

previously took no action in the July 5, 

2011 notice. 

DATES: This action is effective on 

September 21, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR– 

2012–0344. Generally documents in the 

docket are available at http:// 

www.regulations.gov or in hard copy at 

EPA Region 10, Office of Air, Waste, 

and Toxics, AWT–107, 1200 Sixth 

Avenue, Seattle, Washington 98101. 

Please note that while many of the 

documents in the docket are available 

electronically at http:// 

www.regulations.gov, some information 

may not be publicly available, i.e., 

Confidential Business Information or 

other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

large maps or voluminous materials, is 

not placed on the Internet and will be 

publicly available only at the hard copy 

location. To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed directly 

below. 

FOR FURTHER INFORMATION CONTACT: 

Keith Rose at telephone number (206) 

553–1949, rose.keith@epa.gov, or the 

above EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

the EPA. Information is organized as 

follows: 

Table of Contents 

I. Background 

II. Final Action 

III. Scope of Action 

IV. Statutory and Executive Order Reviews 

I. Background 

In the CAA Amendments of 1977, 

Congress established a program to 

protect and improve visibility in the 

national parks and wilderness areas. See 

CAA section 169A. Congress amended 

the visibility provisions in the CAA in 

1990 to focus attention on the problem 

of regional haze. See CAA section 169B. 

EPA promulgated regulations in 1999 to 

implement sections 169A and 169B of 

the Act. These regulations require states 

to develop and implement plans to 

ensure reasonable progress toward 

improving visibility in mandatory Class 

I Federal areas 1 (Class I areas). 64 FR 

35714 (July 1, 1999); see also 70 FR 

39104 (July 6, 2005) and 71 FR 60612 

(October 13, 2006). 

On behalf of the State of Oregon, the 

Oregon Department of Environmental 

Quality (ODEQ) submitted its Regional 

Haze State Implementation Plan 

(Regional Haze SIP submission or SIP 

submittal) to EPA on December 10, 2010 

and supplemented it on February 1, 

2011. In a previous action EPA 

approved certain provisions in Oregon’s 

Regional Haze SIP submission. 76 FR 

38997. This previous action approved 

the BART provisions (40 CFR 51.308(e), 

calculation of baseline and natural 

conditions (40 CFR 51.308(d)(2)), and 

state wide emission inventory of 

pollutants that are reasonably 

anticipated to cause or contribute to 

visibility impairment in any mandatory 

Class I area. EPA also approved Oregon 

Administrative Rules OAR 340–223– 

0010 through 340–223–0080 (Regional 

Haze Rules). In that same action, EPA 

also approved portions of the SIP 

submittal as meeting the requirements 

of CAA section 110(a)(2)(D)(i)(II) with 

respect to the visibility prong for the 

1997 8-hour ozone and 1997 PM2.5

National Ambient Air Quality Standards 

(NAAQS). 

In a proposed rule published on May 

23, 2012, EPA proposed approving the 

remaining provisions of Oregon’s 

Regional Haze SIP submission, the 

regional haze requirements for 

establishing RPGs and developing a 

LTS. 76 FR 38997. A detailed 

explanation of the Regional Haze Rule 

including the requirements relating to 

the reasonable progress goals and long 

term strategy, ODEQ’s reasonable 

progress goals and long term strategy, 


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