Federal Register / Vol. 62, No. 68 / Wednesday, April 9, 1997 / Rules and Regulations 17087

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

Vermont was approved by the Director of the

Federal Register on July 1, 1982.

Dated: March 8, 1997.

John P. DeVillars,

Regional Administrator, Region I.

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. 7401–7671q.

Subpart UU—Vermont

2. Section 52.2370 is amended by

adding paragraph (c)(22) to read as

follows:

§ 52.2370 Identification of plan.

* * * * *

(c) * * *

(22) Revisions to the State

Implementation Plan submitted by the

Vermont Air Pollution Control Division

on August 9, 1993 and March 20, 1995.

(i) Incorporation by reference.

(A) Letters from the Vermont Air

Pollution Control Division dated August

9, 1993 and March 20, 1995 submitting

revisions to the Vermont State

Implementation Plan.

(B) Regulations, including section 5–

101, ‘‘Definitions,’’ subsection 5–251(2),

‘‘Reasonably available control

technology for large stationary sources,’’

and, subsection 5–253.20, ‘‘Other

Sources That Emit Volatile Organic

Compounds,’’ adopted on July 9, 1993

and effective on August 13, 1993.

(C) Administrative orders for Simpson

Paper Company, in Gilman, Vermont,

and, U.S. Samaica Corporation, in

Rutland, Vermont, both adopted and

effective on January 4, 1995.

3. In § 52.2381, Table 52.2381 is

amended by adding a new entry to the

end of existing state citation for section

5–101, ‘‘Definitions,’’; adding two new

entries to the end of the existing state

citation for section 5–251, ‘‘Control of

Nitrogen Oxides Emissions,’’ and by

adding new state citation for section 5–

253.20, ‘‘Other Sources That Emit

Volatile Organic Compounds,’’ to read

as follows:

§ 52.2381 EPA—approved Vermont State

regulations.

* * * * *

TABLE 52.2381.—EPA-APPROVED REGULATIONS

[Vermont SIP regulations 1972 to present]

State citation, title and subject

Date

adopted by

State

Date approved by

EPA

Federal Register citation 52.2370 Comments and unapproved sections

* * * * * * *

Section 5–101 Definitions 7/9/93 4/9/97 62 FR 17087 ..................... (c)(22) ................................ Adds definition of reasonably available control

technology (RACT).

* * * * * * *

Section 5–251 Control of

nitrogen oxides emissions.

7/9/93 4/9/97 62 FR 17087 ..................... (c)(22) ................................ Requires RACT for major

stationary sources of

NOX.

1/4/95 4/9/97 62 FR 17087 ..................... (c)(22) ................................ NOX RACT for Simpson

Paper Company’s Gilman facility

Section 5–253 control of

volatile organic compounds.

7/9/93 4/9/97 62 FR 17087 ..................... (c)(22) ................................ Requires RACT at nonCTG VOC sources.

1/4/95 4/9/97 62 FR 17087 ..................... (c)(22) ................................ Non-CTG VOC RACT for

U.S. Samaica Corporation’s Rutland facility.

* * * * * * *

[FR Doc. 97–9014 Filed 4–8–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[FRL–5801–1]

Approval and Promulgation of Air

Quality Implementation Plans;

Reasonably Available Control

Technology for Nitrogen Oxides for the

State of New Hampshire

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a State

Implementation Plan (SIP) revision

submitted by the State of New

Hampshire. This revision establishes

and requires Reasonably Available

Control Technology (RACT) at

stationary sources of nitrogen oxides

(NOX). The intended effect of this action

is to approve regulatory provisions and

source specific orders which require

major stationary sources of NOX to

reduce their emissions statewide in

accordance with requirements of the

Clean Air Act.

DATES: This action is effective June 9,

1997, unless notice is received by May
17088 Federal Register / Vol. 62, No. 68 / Wednesday, April 9, 1997 / Rules and Regulations

9, 1997 that adverse or critical

comments will be submitted. If the

effective date is delayed, timely notice

will be published in the Federal

Register.

ADDRESSES: Comments may be mailed to

Susan Studlien, Deputy Director, Office

of Ecosystem Protection (mail code

CAA), U.S. Environmental Protection

Agency, Region I, JFK Federal Building,

Boston, MA 02203–2211. Copies of the

documents relevant to this action are

available for public inspection during

normal business hours, by appointment,

at the Office Ecosytem Protection, U.S.

Environmental Protection Agency,

Region I, One Congress Street, 11th

floor, Boston, MA; as well as the Air

Resources Division, Department of

Environmental Services, 64 North Main

Street, Caller Box 2033, Concord, NH

03302–2033.

FOR FURTHER INFORMATION CONTACT:

Steven A. Rapp, Environmental

Engineer, Air Quality Planning Unit

(CAQ), U.S. EPA, Region 1, JFK Federal

Building, Boston, MA 02203–2211;

(617) 565–2773;

Rapp.Steve@EPAMAIL.EPA.GOV.

SUPPLEMENTARY INFORMATION:

I. Background

The Clean Air Act (CAA) requires that

States develop Reasonably Available

Control Technology (RACT) regulations

for all major stationary sources of

nitrogen oxides (NOX) in areas which

have been classified as ‘‘moderate,’’

‘‘serious,’’ ‘‘severe,’’ and ‘‘extreme’’

ozone nonattainment areas, and in all

areas of the Ozone Transport Region

(OTR). EPA has defined RACT as the

lowest emission limitation that a

particular source is capable of meeting

by the application of control technology

that is reasonably available considering

technological and economic feasibility

(44 FR 53762; September 17, 1979). This

requirement is established by sections

182(b)(2), 182(f), and 184(b) of the CAA.

These CAA NOX requirements are

further described by EPA in a notice

entitled, ‘‘State Implementation Plans;

Nitrogen Oxides Supplement to the

General Preamble; Clean Air Act

Amendments of 1990 Implementation of

Title I; Proposed Rule,’’ published

November 25, 1992 (57 FR 55620). The

November 25, 1992 notice, also known

as the NOX Supplement, should be

referred to for more detailed information

on NOX requirements. Additional

guidance memoranda which have been

released by EPA should also be referred

to for more information on NOX

requirements.

New Hampshire has three designated

ozone nonattainment areas. First, the

area which includes all of Merrimack

County, part of Hillsborough County,

and part of Rockingham County is

classified as a marginal nonattainment

area (see 40 CFR Part 81 for the list of

affected towns). Second, all of Strafford

County and part of Rockingham County

is classified as a serious non-attainment

area (see 40 CFR Part 81, § 81.330 for the

list of affected towns). And third, the

part of southern New Hampshire that is

located within the Boston-LawrenceSalem Consolidated Metropolitan

Statistical Area (CMSA) is also

classified as a serious nonattainment

area (see 40 CFR Part 81, § 81.330 for the

list of affected towns). Additionally,

section 184(a) of the CAA also defines

an ozone transport region within the

northeastern United States, which

includes all of the State of New

Hampshire.

Section 182(b)(2) of the CAA requires

States to require implementation of

RACT with respect to all major sources

of volatile organic compounds (VOCs).

This RACT requirement also applies to

all major sources in ozone

nonattainment areas with higher than

moderate nonattainment classifications.

Section 182(f) states that, ‘‘the plan

provisions required under this subpart

for major stationary sources of volatile

organic compounds shall also apply to

major stationary sources (as defined in

section 302 and subsections (c), (d), and

(e) of the section) of oxides of nitrogen.’’

Additionally, section 184(b)(2) requires

major stationary sources in the OTR to

meet the requirements applicable to

major sources if the area were classified

as a moderate nonattainment area,

unless already classified at a higher

nonattainment level. These sections of

the CAA, taken together, establish the

requirements for New Hampshire to

submit a NOX RACT regulation which

covers major sources statewide.

Section 302 of the CAA generally

defines ‘‘major stationary source’’ as a

facility or source of air pollution which

has the potential to emit 100 tons per

year or more of air pollution. This

definition applies unless another

provision of the CAA explicitly defines

major source differently. Therefore, for

NOX, a major source is one with the

potential to emit 100 tons per year or

more in marginal and moderate areas, as

well as in attainment areas in the OTR.

However, for serious nonattainment

areas, a major source is defined by

section 182(c) as a source that has the

potential to emit 50 tons per year or

more.

In New Hampshire’s Strafford County,

in the part of Rockingham County that

is classified as serious nonattainment,

and in the Boston-Lawrence-Salem

CMSA, a major stationary source of NOX

is a facility which has a potential to

emit 50 tons per year or more of NOX.

Such a facility is therefore subject to

NOX RACT requirements. Throughout

the rest of the State, a major stationary

source of NOX is a facility with the

potential to emit 100 tons or more per

year of NOX. These sources would also

be subject to NOX RACT requirements.

Part Env-A 1211 and the source-specific

NOX RACT determination, order

number ARD–95–001 for Groveton

Paperboard, Incorporated were

submitted in response to the CAA

requirement that RACT be required for

all major sources of NOX.

II. State Submittal

The New Hampshire Department of

Environmental Services (New

Hampshire or NHDES) submitted the

NOX RACT program as a number of

revisions to the New Hampshire State

implementation plan (SIP). First, on

June 17, 1994, NHDES submitted a

revision consisting of amendments to

Chapter Env-A 1200, specifically Part

Env-A 1211, ‘‘Nitrogen Oxides (NOX),’’

which defines Reasonably Available

Control Technology (RACT)

requirements for sources of NOX. Part

Env-A 1211 also contains ‘‘Phase II NOX

emission limits’’ for certain types of

utility boilers, which are required to be

implemented by May 1, 1999.

In addition to the general NOX RACT

regulations in Part Env-A 1211, on July

7, 1995, New Hampshire submitted a

source specific NOX RACT

determination for Groveton Paperboard,

Incorporated, order number ARD–95–

001, which covers processes subject to

the miscellaneous NOX RACT

provisions of Part Env-A 1211. On

September 18, 1995, New Hampshire

submitted an emissions averaging plan,

order number ARD–95–002, for

Plymouth Cogeneration Limited

Partnership, of Plymouth, New

Hampshire. And similarly, on October

18, 1995, New Hampshire submitted an

alternative NOX RACT determination for

Waterville Valley Ski Area Limited

Partnership, order number ARD–95–

003, as a revision to the SIP.

In addition to these SIP submittals, on

December 21, 1992, New Hampshire

submitted Chapter Env-A 900, Part EnvA 901 to EPA as a proposed SIP

revision, which includes sections Env-A

901.06, ‘‘NOX Recordkeeping

Requirements,’’ and 901.07, ‘‘NOX

Reporting Requirements.’’ Sections EnvA 1211.03 through Env-A 1211.13

reference the requirements of sections

Env-A 901.06 and Env-A 901.07 as part

of the recordkeeping and reporting
Federal Register / Vol. 62, No. 68 / Wednesday, April 9, 1997 / Rules and Regulations 17089

requirements for sources subject to NOX

RACT.

III. Description of Submittal

The following is a description of the

changes being approved in this action.

For a more detailed discussion of New

Hampshire’s submittal and EPA’s

proposed action, the reader should refer

to the Technical Support Document

developed as part of this action. Copies

of the Technical Support Document are

found at the previously mentioned

addresses.

A. Part Env-A 1211

New Hampshire’s rule, Part Env-A

1211 Nitrogen Oxides is divided into

twenty-two sections. Section 1211.01

defines terms used in the rule. Sections

1211.02 covers applicability of the

regulation. Applicability is determined

based on combined maximum heat

input for each source type for: utility

boilers, steam electric boilers, industrial

boilers, stationary combustion turbines,

stationary internal combustion engines,

asphalt plant dryers, and incinerators.

For wallboard dryers, calcining mills,

calciners and gypsum rock dryers, as

well as emergency generators, auxiliary

boilers, load shaving units, and

categories which fall under the

definition of miscellaneous stationary

source, emission units are subject to the

rule if they are located at a facility

which has potential NOX emissions

greater than 50 tons per year since

January 1, 1990. However, 1211.10.02

allows sources where actual emissions

have not exceeded the major source

threshold since 1990, to avoid the

requirements of the regulation if the

source has been issued a permit or

consent order limiting their emissions to

less than 50 tons per year.

The New Hampshire NOX emission

limits are specified in sections Env-A

1211.03 through Env-A 1211.13, for

utility boilers, steam electric boilers,

industrial boilers, stationary combustion

turbines, stationary internal combustion

engines, asphalt plant dryers,

incinerators, wallboard manufacturing,

as well as emergency generators,

auxiliary boilers, load shaving units.

Generally, the limits are at least as

stringent as EPA’s recommendations in

the NOX Supplement. Although some of

the individual limits are not as

stringent, the statewide aggregate NOX

reduction from a 1990 baseline achieved

by all the limits together is greater than

35 percent. Therefore the regulations are

approvable as RACT. For a more

detailed discussion of the specific

emission limitations and requirements

in Part Env-A 1211, as well as EPA’s

analysis of those requirements, the

reader should refer to the Technical

Support Document developed as part of

this action. Copies of the Technical

Support Document are found at the

previously mentioned addresses.

Section 1211.14 defines the emission

standards and control options for

miscellaneous stationary sources.

Section 1211.16 requires subject sources

to submit a compliance schedule and

requires such sources to install RACT by

May 31, 1995. Section 1211.17 defines

the requirements for the establishment

of alternative RACT emission limits.

Section 1211.18 allows emissions

averaging for multiple sources under

common ownership located in New

Hampshire. Section 1211.19 defines the

procedure for the issuance of a RACT

order.

Section 1211.20 allows sources to

reduce enough NOX during the ozone

season to achieve an annual NOX

reduction which is equivalent to the

reduction which would be achieved by

meeting a RACT limitation year-round.

Generally this reduction is achieved by

switching to a cleaner fuel during the

ozone season (i.e., ‘‘fuel switching’’).

The fuel-switching provisions of this

rule are not a generic emissions

averaging program, however. Therefore,

section 1211.20 requires that fuelswitching requests be approved as casespecific SIP revisions.

Section 1211.21 defines the NOX

testing requirements. Section 1211.22

defines the monitoring requirements for

NOX RACT subject sources. NOX RACT

recordkeeping and reporting

requirements are defined throughout

Env-A 1211, in combination with the

requirements found in sections Env-A

901.06, ‘‘NOX Recordkeeping

Requirements,’’ and Env-A 901.07,

‘‘NOX Reporting Requirements.’’

Additionally, section Env-A 1211.15

requires the State to establish and

implement ‘‘Phase II NOX limits’’ for all

applicable sources, except as provided

for in Env-A 1211.03(f), or unless shown

to be unnecessary by airshed modeling.

Env-A 1211.03(f) defines Phase II NOX

limits and requires New Hampshire’s

Air Resource Division director to

implement them for wet-bottom cyclone

fired utility boilers with maximum net

power output capacity greater than or

equal to 320 megawatts, no later than

May 1, 1999.

A public hearing was held on March

18, 1994 for these regulations.

NHDES filed the regulation with the

Director of Legislative Services on May

20, 1994, and they became effective on

that date. On June 17, 1994, New

Hampshire submitted their adopted

regulation as a formal SIP submittal to

EPA. After reviewing the regulations,

EPA sent New Hampshire a letter on

July 12, 1994, stating that the rule had

been found to be administratively and

technically complete.

B. Miscellaneous NOX RACT—Groveton

Paperboard, Inc.

Groveton Paperboard, Incorporated, of

Groveton, New Hampshire, produces

wood pulp using a soda-based semichemical process. Spent pulping

chemicals are concentrated by

evaporation and then burned in a

refractory lined rotary kiln. This

recovery kiln is subject to section EnvA 1211.14, ‘‘Emission Standards and

Control Options for Miscellaneous

Stationary Sources.’’ Order number

ARD–95–001 defines NOX RACT for the

kiln, including the use of their current

control technology (i.e., process and

combustion controls, Venturi scrubber,

and wet electrostatic-precipitator),

combined with limits on fuel usage: (a)

black liquor solids, 16.5 gallons per

minute; (b) #2 fuel oil, 2,160 gallons per

day, at 0.4% sulfur by weight; (c) #6 fuel

oil, 393 gallons per day, at 2.2% sulfur.

The order also sets daily monitoring,

record-keeping, and reporting, as well as

the testing requirements of Env-A

1211.21(b).

A public hearing was held on April

11, 1995 and the final order was issued

on May 10, 1995, and became effective

on that date. Region I received the SIP

submittal for Groveton Paperboard on

July 7, 1995 and determined the

submittal to be administratively and

technically complete on September 12,

1995.

C. Emissions Averaging Plan—Plymouth

Cogeneration, Ltd.

Plymouth Cogeneration Limited

Partnership (PCLP), operates a

cogeneration plant, i.e., a facility which

produces both electricity and steam or

hot water for commercial purposes, in

Plymouth, New Hampshire. Order

number ARD–95–002 allows PCLP to

average emissions on a daily basis

between a 1.2 megawatt (MW) dieselfired electric generator, equipped with a

selective catalytic reduction (SCR) unit,

and a 1.3 MW diesel-fired generator in

order to meet the NOX emission

limitations of section Env-A 1211.07

and Env-A 1211.13, respectively.

On July 25 and 26, 1995, New

Hampshire held public hearings on the

proposed order. The final order was

issued on September 12, 1995, and

became effective on that date. On

September 18, 1995, New Hampshire

submitted an alternative RACT

determination for Plymouth

Cogeneration Limited Partnership. On

January 22, 1996, EPA deemed the
17090 Federal Register / Vol. 62, No. 68 / Wednesday, April 9, 1997 / Rules and Regulations

1 On November 7, 1996, Sally Shaver, Director of

EPA’s Air Quality Strategies and Standards Division

issued a policy memorandum entitled, ‘‘Approval

Options for Generic RACT Rules Submitted to Meet

the non-CTG VOC RACT Requirements and Certain

NOX RACT Requirements.’’

2Memorandum from D. Kent Berry, Acting

Director of the Air Quality Management Division of

the Office of Air Quality Planning and Standards,

to the Air Quality Directors of EPA’s Regional

Offices, entitled, ‘‘Cost-Effective Nitrogen Oxides

(NOX) Reasonably Available Control Technology

(RACT), March 14, 1994.’’

submittal to be administratively and

technically complete.

D. Alternative NOX RACT—Waterville

Valley Ski Area, Ltd.

Waterville Valley Ski Area Limited

Partnership (WVLP) owns and operates

a ski area in Waterville Valley, New

Hampshire, which includes NOX

emitting equipment utilized for snow

production, building heating, and

emergency services. Order number

ARD–95–003, as revised September 19,

1995, requires no controls on the 19

residential boilers, but requires WVLP

to remove all existing Catepillar IC

engines and all I–R IC engines and

replace them with electric compressors.

For the three remaining Cummins

diesel-fired engines (#4, #5, and #6), the

order requires these engines to comply

with the hourly emission limits of

section Env-A 1211.07(c)(2)(b).

However, due to cost of the

compressor replacement, the alternative

RACT determination allows a relaxation

of the annual testing requirements for

the 3 remaining internal combustion

(IC) engines. Therefore, for 3 remaining

Cummins IC engines (#4, #5, & #6), the

final order requires that a different

Cummins engine be tested at least once

every three years so that eventually,

each engine is tested. Also, in lieu of

testing these units, the order allows

WVLP to use the results of emissions

tests conducted on a specific engine at

another location within previous 3

years. This is necessary since these

engines are leased and frequently

rotated for routine maintenance or to be

used at other customers.

New Hampshire held a public hearing

on July 26, 1995, and the final order was

issued on September 19, 1995, and

became effective on that date. On

October 18, 1995, New Hampshire

submitted an alternative NOX RACT

determination for Waterville Valley as a

revision to the SIP. On January 22, 1996,

EPA deemed the submittal to be

administratively and technically

complete.

E. NOX Recordkeeping and Reporting—

Env-A 901.06, Env-A 901.07

On December 21, 1992, New

Hampshire submitted to EPA a number

of amendments to Chapter Env-A 900,

including Parts 901–903, as part of a

package of regulations intended to fulfill

the requirements concerning emission

statements in section 182(c)(3)(B) of the

Clean Air Act. Part Env-A 1211

references the requirements found in

sections Env-A 901.06, ‘‘NOX

Recordkeeping Requirements,’’ and EnvA 901.07, ‘‘NOX Reporting

Requirements’’ as applicable NOX RACT

requirements as well. These regulatory

sections, in combination with the other

recordkeeping and reporting

requirements throughout Part Env-A

1211, constitute adequate NOX RACT

recordkeeping and reporting provisions.

New Hampshire held a public hearing

on the amendments to Chapter Env-A

900, including sections Env-A 901.06

and 901.07, on June 18, 1992. The

regulations were adopted by the State

on November 13, 1992. On February 19,

1993, EPA deemed the submittal

administratively and technically

complete.

F. Phase II NOX Limits

Section Env-A 1211.15 states that

unless EPA approves an attainment

demonstration for New Hampshire

which has shown by modelling that

beyond-RACT NOX reductions are not

needed, New Hampshire’s Air

Resources Division (NHARD) Director

will establish and implement ‘‘Phase II

NOX limits’’ for all applicable sources,

except as provided for in Env-A

1211.03(f). Env-A 1211.03(f) requires the

NHARD Director to implement Phase II

NOX emission limits for wet-bottom

cyclone fired utility boilers with

maximum net power output capacity

greater than 320 MW no later than May

1, 1999. After that date, such boilers are

required at all times to meet the

equivalent of the following NOX limits:

(1) for boilers firing coal, or any

combination of fuels with coal, a

maximum daily emission of 15.4 tons;

and, (2) for boilers firing any fuel or

fuels, excluding coal, a maximum daily

emissions of 3.8 tons. The limit of 15.4

tons per day represents a NOX

reductions beyond the requirements for

RACT. Therefore, these limits are

approvable as strengthening the SIP.

IV. Issues

There are two issues associated with

this rulemaking action. The first issue is

related to the miscellaneous RACT

provisions of Part Env-A 1211. In

addition to the regulations in Part EnvA 1211, New Hampshire has indicated

that they have three sources with

processes subject to the miscellaneous

NOX RACT provisions of the rule:

Groveton Paperboard, of Groveton;

Hampshire Chemical, of Nashua; and,

Crown Vantage Corporation, of Berlin.

Region I received the SIP submittal for

Groveton Paperboard on July 7, 1995

and is approving that submittal in this

action. However, New Hampshire has

not yet submitted SIP revisions for

Hampshire Chemical or Crown Vantage.

EPA believes that Part Env-A 1211 is

still fully approvable as meeting the

requirements of the CAA for several

reasons. First, on November 7, 1996

EPA issued a RACT policy

memorandum 1 which allows full

approval for regulations which contain

generic RACT provisions (e.g., Section

Env-A 1211.14. for miscellaneous NOX

RACT sources), without requiring the

submission of all of the adopted RACT

limits, where certain conditions are met.

Basically, the generic RACT policy

states that the generic portion of the

NOX RACT rule can be fully approved

if the NOX emissions from the

outstanding RACT determinations are,

not from an electric utility source and,

they constitute less than 5% of the

overall non-utility NOX emissions (i.e.,

a ‘‘de minimis’’ level of emissions). In

the case of New Hampshire’s Part EnvA 1211, the emissions remaining to be

covered by the miscellaneous RACT

determinations (i.e., Hampshire

Chemical’s kilns and oil heater and,

Crown Vantage’s lime kiln, space

heaters, and dryer) constitute less than

1% percent of New Hampshire’s

baseyear non-utility NOX emissions.

Therefore, these remaining emission

units can be considered de minimis, as

described in EPA’s generic RACT policy

memorandum.

Second, the NOX Supplement

explicitly encourages States to structure

their RACT requirements to inherently

incorporate an emissions averaging

concept, e.g., installing more stringent

controls on some units in exchange for

less stringent controls on other units

(see 57 FR 55625). In other words, the

NOX Supplement encourages States to

structure NOX RACT requirements

around an areawide aggregate NOX

reduction. EPA also issued a policy

memorandum which discusses an

acceptable aggregate RACT reduction of

30 to 50 percent NOX reduction from a

1990 baseline. 2 The NOX emission

limits in Env-A 1211 and the

miscellaneous NOX RACT order for

Groveton Paperboard achieve greater

than a 35 percent statewide aggregate

reduction in NOX from a 1990 baseline

at RACT subject sources, with or

without any additional reduction from

the remaining emission units.

Finally, section Env-A 1211.14

requires a facility owner subject to the
Federal Register / Vol. 62, No. 68 / Wednesday, April 9, 1997 / Rules and Regulations 17091

miscellaneous RACT provisions to

apply and obtain a RACT order.

Approval of this regulation into the SIP

will continue to obligate the regulated

sources to apply for and implement

NOX RACT and, for the State to make

a RACT determination for the remaining

two miscellaneous NOX RACT orders as

expeditiously as practicable.

Furthermore, approval of section Env-A

1211 into the SIP will also provide for

enforceability of these requirements by

EPA and citizens groups under section

304 of the CAA. Additionally, as

described in EPA’s November 7, 1996

generic RACT guidance, if EPA later

determines that the sources remain

unregulated, EPA could issue a SIP call

or possibly a finding of failure to

implement the SIP. Therefore, EPA

believes the regulations are fully

approvable as meeting the NOX RACT

requirements of the CAA.

The second issue is related to the NOX

recordkeeping and reporting provisions

of Part Env-A 1211. Basically, Part EnvA 1211 cross-references sections Env-A

901.06 ‘‘NOX Recordkeeping

Requirements’’ and Env-A 901.07 ‘‘NOX

Reporting Requirements’’ as part of the

applicable requirements for NOX RACT

subject sources. However, sections EnvA 901.06 and Env-A 901.07 were part of

a package of regulations for which EPA

proposed a limited approval/limited

disapproval on September 20, 1994,

primarily because the package did not

require sufficient recordkeeping and

reporting from certain VOC sources.

For the purposes of assuring

compliance with the NOX RACT limits

of Env-A 1211, however, EPA considers

sections Env-A 901.06 and Env-A

901.07 fully approvable as part of the

NOX RACT regulations. This approval is

not intended to affect EPA’s September

20, 1994 proposed action concerning the

approvability of emission statement

requirements in New Hampshire. The

State must still address the deficiencies

outlined in the September 20, 1994

Federal Register notice.

V. Final Action

EPA review of the NOX RACT SIP

submittals, including the NOX RACT

regulations Part Env-A 1211, the NOX

recordkeeping and reporting

requirements found in sections Env-A

901.06 and Env-A 901.07, and the

miscellaneous NOX RACT for Groveton

Paperboard Company, indicates that

New Hampshire has sufficiently defined

the NOX RACT requirements for the

State. Therefore, EPA is approving Part

Env-A 1211, sections Env-A 901.06 and

Env-A 901.07, and the source-specific

NOX RACT order, ARD–95–001, for

Groveton Paperboard, as meeting the

NOX RACT requirements of the Clean

Air Act. EPA is also approving: the

emissions averaging plan for Plymouth

Cogeneration Limited Partnership, order

number AED–95–002; and, the

alternative NOX RACT for Waterville

Valley Ski Area Limited Partnership,

order number ARD–95–003, as revisions

to the New Hampshire SIP at this time.

New Hampshire must still submit

adopted NOX RACT limits for

miscellaneous NOX emitting equipment

at Crown Vantage Corporation and

Hampshire Chemical Company for EPA

approval.

EPA is publishing this action without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective June 9, 1997

unless adverse or critical comments are

received by May 9, 1997.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by simultaneously

publishing a subsequent notice that will

withdraw the final action. All public

comments received will then be

addressed in a subsequent final rule

based on this action serving as a

proposed rule. The EPA will not

institute a second comment period on

this action. Any parties interested in

commenting on this action should do so

at this time. If no such comments are

received, the public is advised that this

action will be effective on June 9, 1997.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any State

implementation plan. Each request for

revision to the State implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

VI. Administrative Requirements

A. Executive Order 12866

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995 memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget (OMB) has exempted this

regulatory action from E.O. 12866

review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. § 600 et. seq., EPA must

prepare a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C.

§§ 603 and 604. Alternatively, EPA may

certify that the rule will not have a

significant impact on a substantial

number of small entities. Small entities

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

entities with jurisdiction over

populations of less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the CAA, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA,

427 U.S. 246, 255–66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under Sections 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to the private sector, of

$100 million or more. Under Section

205, EPA must select the most costeffective and least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Section 203

requires EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to
17092 Federal Register / Vol. 62, No. 68 / Wednesday, April 9, 1997 / Rules and Regulations

the private sector, result from this

action.

D. Submission to Congress and the

General Accounting Office

Under section 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted 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 General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by section

804(2).

E. Petitions for Judicial Review

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 June 9, 1997.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).) EPA encourages interested

parties to comment in response to the

proposed rule rather than petition for

judicial review, unless the objection

arises after the comment period allowed

for in the proposal.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements.

Note: Incorporation by reference of the

State Implementation Plan for the State of

New Hampshire was approved by the

Director of the Federal Register on July 1,

1982.

Dated: March 8, 1997.

John P. DeVillars,

Regional Administrator, Region I.

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. 7401–7671q.

Subpart EE—New Hampshire

2. Section 52.1520 is amended by

adding paragraph (c)(49) and (c)(50) to

read as follows:

§ 52.1520 Identification of plan.

* * * * * *

(c) * * *

(49) Revisions to the State

Implementation Plan submitted by the

New Hampshire Air Resources Division

on June 17, 1994, and December 21,

1992.

(i) Incorporation by reference.

(A) Letters from the New Hampshire

Air Resources Division dated June 17,

1994, and December 21, 1992,

submitting revisions to the New

Hampshire State Implementation Plan.

(B) Regulations Chapter Env-A 1200,

Part Env-A 1211, ‘‘Nitrogen Oxides

(NOX),’’ effective on May 20, 1994, and

Chapter Env-A 900, Part Env-A 901,

sections Env-A 901.06 ‘‘NOX

Recordkeeping Requirements,’’ and EnvA 901.07, ‘‘NOX Reporting

Requirements,’’ effective on November

13, 1992.

(50) Revisions to the State

Implementation Plan submitted by the

New Hampshire Air Resources Division

on July 7, 1995, September 18, 1995,

and October 18, 1995.

(i) Incorporation by reference.

(A) Letters from the New Hampshire

Air Resources Division dated July 7,

1995, September 18, 1995, and October

18, 1995, submitting revisions to the

New Hampshire State Implementation

Plan.

(B) New Hampshire NOX RACT Order

ARD–95–001, concerning Groveton

Paperboard Corporation, effective on

May 10, 1995.

(C) New Hampshire NOX RACT Order

ARD–95–002, concerning Plymouth

Cogeneration Limited Partnership,

effective September 12, 1995.

(D) New Hampshire NOX RACT Order

ARD–95–003, concerning Waterville

Valley Ski Area Limited, effective

September 19, 1995.

For the State of New Hampshire:

3. In § 52.1525 Table 52.1525 is

amended by adding new entries in

numerical order to existing state

citations ‘‘Chapter Env-A 900, Part EnvA 901, section Env-A 901.06,’’ and,

‘‘Chapter 900, Part Env-A 901, section

Env-A 901.07;’’ and, by adding new

state citations for ‘‘Chapter Env-A 1200,

Part Env-A 1211,’’ ‘‘Order ARD–95–

001,’’ ‘‘Order ARD–95–002,’’ and,

‘‘Order ARD–95–003,’’ to read as

follows:

§ 52.1525 EPA—approved New

Hampshire state regulations.

* * * * *

TABLE 52.1525—EPA—APPROVED RULES AND REGULATIONS—NEW HAMPSHIRE

Title/subject State citation

chapter

Date adopted by StateDate approved by

EPA

Federal Register

citation 52.1520 Comments

* * * * * * *

Record keeping requirements.CH air 900, Part

Env-A 901,

section Env-A

901.06.

11/13/92 April 9, 1997 ....... 62 FR 17092 ...... (c)(49) ................. Adds NOX record keeping

requirements.

Reporting requirements.CH air 900, Part

Env-A 901,

section Env-A

901.07.

11/13/92 April 9, 1997 ....... 62 FR 17092 ...... (c)(49) ................. Adds NOX reporting requirements.

Nitrogen oxides

emission limits.

CH air 1200 Part

Env-A 1211.

5/20/94 April 9, 1997 ....... 62 FR 17092 ...... (c)(49) ................. Adds NOX RACT requirements.

Source specific

order.

Order ARD–95–

001.

5/10/95 April 9, 1997 ....... 62 FR 17092 ...... (c)(50) ................. Source specific NOX

RACT order for

Groveton Paperboard

Corporation, in

Groveton, NH.
Federal Register / Vol. 62, No. 68 / Wednesday, April 9, 1997 / Rules and Regulations 17093

1The Clean Air Act is codified, as amended, in

the U.S. Code at 42 U.S.C. 7401, et seq.

2Mandatory class I Federal areas include

international parks, national wilderness areas, and

national memorial parks greater than five thousand

acres in size, and national parks greater than six

thousand acres in size, as described in section

162(a) of the Act (42 U.S.C. 7472(a)). Each

mandatory Class I Federal area is the responsibility

of a ‘‘Federal land manager’’ (FLM), the Secretary

of the department with authority over such lands.

See section 302(i) of the Act, 42 U.S.C. 7602(i).

TABLE 52.1525—EPA—APPROVED RULES AND REGULATIONS—NEW HAMPSHIRE—Continued

Title/subject State citation

chapter

Date adopted by StateDate approved by

EPA

Federal Register

citation 52.1520 Comments

Source specific

order.

Order ARD–95–

002.

9/12/95 April 9, 1997 ....... 62 FR 17093 ...... (c)(50) ................. Source specific NOX

RACT order for Plymouth Cogeneration Limited Partnership, in

Plymouth, NH.

Source specific

order.

Order ARD–95–

003.

9/19/95 April 9, 1997 ....... 62 FR 17093 ...... (c)(50) ................. Source specific NOX

RACT order for

Waterville Valley Ski

Area Limited, in

Waterville Valley, NH.

* * * * * * *

[FR Doc. 97–9109 Filed 4–8–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[UT–001–0001a; FRL–5802–2]

Clean Air Act Approval and

Promulgation of Air Quality

Implementation Plan Revision for Utah;

Visibility Protection

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA approves a revision to

Utah’s State Implementation Plan (SIP)

for Visibility Protection, as submitted by

the Governor with a letter dated July 25,

1996. The revision was adopted by the

State in 1993 to address comments

received from the 1992 Utah

Legislature’s Administrative Rules

Review Committee regarding the need to

remove a visibility policy statement

from a regulation format (since it was

not a rule). The State responded by

deleting the policy statement from the

Utah Air Conservation Regulations and

adding the text into the Visibility

Protection SIP. This submittal was a

necessary ‘‘housekeeping’’ step to bring

the federally approved SIP up-to-date

with administrative revisions that took

place at the State in 1993.

DATES: This action will become effective

on June 9, 1997 unless adverse

comments are received by May 9, 1997.

If the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Comments should be

addressed to: Richard R. Long, Director,

Air Program, EPA Region VIII at the

address listed below. Copies of the

State’s submittal and other information

are available for inspection during

normal business hours at the following

locations: Air Program, Environmental

Protection Agency, Region VIII, 999

18th Street, suite 500, Denver, Colorado

80202–2405; and Utah Department of

Environmental Quality, Division of Air

Quality, 150 North 1950 West, P.O. Box

144820, Salt Lake City, Utah 84114–

4820.

FOR FURTHER INFORMATION CONTACT:

Amy Platt, 8P2–A, Environmental

Protection Agency, Region VIII, (303)

312–6449.

SUPPLEMENTARY INFORMATION:

I. Background

Section 169A of the Clean Air Act

(CAA or Act),1 42 U.S.C. 7491,

establishes as a National goal the

prevention of any future, and the

remedying of any existing,

anthropogenic visibility impairment in

mandatory Class I Federal areas 2

(referred to herein as the ‘‘National

goal’’ or ‘‘National visibility goal’’).

Section 169A calls for EPA to, among

other things, issue regulations to assure

reasonable progress toward meeting the

National visibility goal, including

requiring each State with a mandatory

Class I Federal area to revise its SIP to

contain such emission limits, schedules

of compliance and other measures as

may be necessary to make reasonable

progress toward meeting the National

goal. CAA section 169A(b)(2). Section

110(a)(2)(J) of the CAA, 42 U.S.C.

7410(a)(2)(J), similarly requires SIPs to

meet the visibility protection

requirements of the CAA.

EPA promulgated regulations that

require affected States to, among other

things, (1) coordinate development of

SIPs with appropriate Federal Land

Managers (FLMs); (2) develop a program

to assess and remedy visibility

impairment from new and existing

sources; and (3) develop a long-term

(10–15 years) strategy to assure

reasonable progress toward the National

visibility goal. See 45 FR 80084,

December 2, 1980 (codified at 40 CFR

51.300–51.307). The regulations provide

for the remedying of visibility

impairment that is reasonably

attributable to a single existing

stationary facility or small group of

existing stationary facilities. These

regulations require that the SIPs provide

for periodic review, and revision as

appropriate, of the long-term strategy

not less frequently than every three

years, that the review process include

consultation with the appropriate FLMs,

and that the State provide a report to the

public and EPA that includes an

assessment of the State’s progress

toward the National visibility goal. See

40 CFR 51.306(c).

The Utah Governor submitted a SIP

revision for Visibility Protection with a

letter dated April 26, 1985. The

submittal met the requirements for

visibility monitoring (40 CFR 51.305)

and visibility New Source Review (40

CFR 51.307). EPA approved the

submittal on May 30, 1986 (51 FR

19550).

On November 24, 1987 (52 FR 45132),

EPA disapproved the SIPs of states,

including Utah, that failed to comply

with the requirements of the provisions

of 40 CFR 51.302 (visibility general plan

requirements) and 51.306 (visibility

long-term strategy). EPA also

incorporated corresponding Federal

plans and regulations into the SIPs of

these states pursuant to section 110(c)(1)

of the CAA, 42 U.S.C. 7410(c)(1).