52664 Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations 

EPA-APPROVED RHODE ISLAND REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanations 

*******

* * * * * (e) * * * 

RHODE ISLAND NON REGULATORY

Name of non regulatory 

SIP provision 

Applicable geographic 

or nonattainment area 

State submittal 

date/effective 

date 

EPA approved date Explanations 

*******

I/M SIP Narrative ........... Statewide ..................... Submitted 2/ 

17/2017.

11/14/2017, [insert 

Federal Register citation].

Narrative describing how the Rhode Island I/M 

program meets the requirements in the federal I/M rule. 

[FR Doc. 2017–24541 Filed 11–13–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2017–0266; FRL–9970–64– 

Region 1] 

Air Plan Approval; NH; Approval of 

Recordkeeping and Reporting 

Requirements and Single Source Order 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of New 

Hampshire. The revisions establish 

recordkeeping and reporting obligations 

for sources of air pollution. 

Additionally, we are approving an order 

limiting emissions of volatile organic 

compounds from a facility in the State. 

This action is being taken in accordance 

with the Clean Air Act. 

DATES: This direct final rule is effective 

January 16, 2018, unless EPA receives 

adverse comments by December 14, 

2017. 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 No. EPA–R01– 

OAR–2017–0266 at https://

www.regulations.gov, or via email to 

mcconnell.robert@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the Web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Bob 

McConnell, Environmental Engineer, 

Air Quality Planning Unit, Air Programs 

Branch (Mail Code OEP05–02), U.S. 

Environmental Protection Agency, 

Region 1, 5 Post Office Square, Suite 

100, Boston, Massachusetts 02109–3912; 

(617) 918–1046; mcconnell.robert@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Table of Contents 

I. Background and Purpose 

II. Description and Evaluation of State’s 

Submittals 

a. Env-A 900: Owner or Operator 

Recordkeeping and Reporting 

Obligations 

b. VOC Order for Sturm Ruger & Company 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background and Purpose 

On February 10, 2017, NH DES 

submitted a single source order limiting 

emissions of volatile organic 

compounds (VOCs) from Sturm Ruger & 

Company as a SIP revision request. On 

May 11, 2017, NH DES submitted a state 

regulation identified as Env-A 900, 

Owner or Operator Recordkeeping and 

Reporting Obligations, as a SIP revision 

request. A description of these 

submittals and our evaluation of them 

appears below in Section II of this 

preamble. Please note that if EPA 

receives adverse comment on an 

amendment, paragraph, or section of 

these rules or on the VOC Order, and if 

that provision may be severed from the 

remainder of the rule or Order, EPA may 

adopt as final those provisions of the 

rule or Order that are not the subject of 

an adverse comment. 

II. Description and Evaluation of State’s 

Submittals 

a. Env-A 900: Owner or Operator 

Recordkeeping and Reporting 

Obligations. 

On May 11, 2017, NH DES submitted 

a state regulation identified as Env-A 

900, Owner or Operator Recordkeeping 

and Reporting Obligations, as a SIP 

revision request. New Hampshire 

provided additional material supporting 

this request to EPA by letter dated 

September 14, 2017. EPA previously 

approved a prior version of Env-A 900 

within a direct final rule published on 

November 5, 2012. 77 FR 66388. Since 


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Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations 52665 

then, the following changes have been 

made to Env-A 900. 

New Hampshire amended Env-A 

907.01 by including specific language 

outlining the types of general 

information that should be reported, 

such as facility name, physical location, 

mailing address, and operating time 

covered by the report. The State also 

added a requirement that the source 

indicate whether the report is a revision 

to a previously submitted report. 

New Hampshire revised sections EnvA 907.02 and .03 in a number of ways 

affecting non-SIP pollutants, such as 

hazardous air pollutants and carbon 

dioxide, and so only portions of the 

revisions are being incorporated into the 

New Hampshire SIP. New Hampshire 

clarified which portions of Env-A 900 

are to be made part of the SIP within 

their September 14, 2017 

correspondence to EPA. Of relevance to 

criteria pollutant reporting which is 

subject to SIP approval, within revised 

Env-A 907.02, the State clarified the 

definition of ‘‘emissions unit,’’ and also 

provided clarification of which sources 

are subject to the annual reporting 

requirement, and which sources are 

exempt. The State also specifies which 

pollutant emissions must be reported, 

and lists what information must be 

reported. The provisions of revised EnvA 907.03 now address annual 

compliance certifications for Title V 

permittees, which is not required to be 

part of the SIP and was therefore 

withdrawn by New Hampshire’s 

September 14, 2017 letter mentioned 

above. 

New Hampshire made a minor 

revision to Env-A 907.04 which 

identifies recordkeeping requirements 

for unclassifiable processes, and made a 

minor change to the form required for 

reporting by certain coating and printing 

facilities. 

We have reviewed New Hampshire’s 

changes to Env-A 900, Owner or 

Operator Recordkeeping and Reporting 

Obligations, and determined that they 

are acceptable. Additionally, the 

updated rule meets the anti-backsliding 

requirements of section 110(l) of the 

CAA in that it will not interfere with 

any applicable requirement concerning 

attainment and reasonable further 

progress, or with any other applicable 

requirement of the CAA. The regulation 

we are approving is not less stringent 

that the version of the rule we 

previously approved. Therefore, we are 

approving the updated Env-A 900 

regulation, with the exception of the 

portions that were withdrawn, into the 

New Hampshire SIP. 

b. VOC Order for Sturm Ruger & 

Company 

On February 10, 2017, New 

Hampshire submitted a revised order 

establishing reasonably available control 

technology (RACT) for control of VOCs 

for Sturm Ruger & Company located in 

Newport, NH. EPA most recently 

approved a previous version of RACT 

for this facility on August 21, 2014. 79 

FR 49458. Subsequently, the company 

added 13 dewaxing pre-heat kilns, the 

exhaust from which is controlled by 

afterburners that achieve a minimum of 

99% destruction of VOCs. The revised 

order provides operational requirements 

for the afterburners, including a 

required minimum operating 

temperature, a calibration schedule for 

the thermocouple and temperature 

controller on the afterburners, and 

recordkeeping requirements. 

Other changes made to the order 

reflect recent changes made to New 

Hampshire’s VOC regulations. For 

example, the emission rate for 

rustproofing operations provided in 

section 3.b of the order was lowered 

from 3.5 to 2.8 lbs VOC/gallon of 

coating in accordance with Env-A 

1212.04(a). Additionally, the limits for 

camouflage coatings in section 3.d of the 

order were also lowered. Our review of 

the updated order indicates that the 

proposed changes are acceptable. 

Additionally, the updated order meets 

the requirements of section 110(l) of the 

CAA in that it will not interfere with 

any applicable requirement concerning 

attainment and reasonable further 

progress, or with any other applicable 

requirement of the CAA. Therefore, we 

are approving the updated order into the 

New Hampshire SIP. 

III. Final Action 

EPA is approving portions of New 

Hampshire’s revised regulation Env-A 

900, Owner or Operator Recordkeeping 

and Reporting Obligations, and RACT 

Order ARD–03–001 issued to Sturm 

Ruger & Company, as revisions to the 

New Hampshire SIP. 

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 January 

16, 2018 without further notice unless 

the Agency receives relevant adverse 

comments by December 14, 2017. 

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 January 16, 2018 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. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference portions of 

New Hampshire regulation Env-A 900, 

Owner or Operator Recordkeeping and 

Reporting Obligations, and RACT Order 

ARD–03–001, which are described in 

the amendments to 40 CFR part 52 set 

forth below. The EPA has made, and 

will continue to make, these materials 

generally available through 

www.regulations.gov, and/or at the EPA 

Region 1 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State implementation plan, have been 

incorporated by reference by EPA into 

that plan, are fully Federally enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation. 

V. 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 


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52666 Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

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

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by January 16, 2018. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. 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, Carbon monoxide, 

Incorporation by reference, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: October 26, 2017. 

Deborah A. Szaro, 

Acting Regional Administrator, EPA New 

England. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart EE—New Hampshire 

■ 2. In § 52.1520: 

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

revising the entry ‘‘Env-A 900’’: And 

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

by: 

■ i. Removing two entries ‘‘Sturm, 

Ruger & Company, ARD–03–001’’ and 

‘‘Sturm, Ruger & Company, Order No. 

ARD–03–001’’; and 

■ ii. Adding an entry to the end of the 

table entitled ‘‘Sturm Ruger & 

Company’’. 

The revision and addition read as 

follows: 

§ 52.1520 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED NEW HAMPSHIRE REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval 

date 1 Explanations 

*******

Env-A 900 ..................... Owner or Operator Obligations.7/18/2015 11/14/2017,[Insert Federal Register citation].The following sections withdrawn by state and 

not part of approved SIP: Env-A 907.01(d) 

and (e); 907.02(a)(1), (d)(1) a. and c., (2), 

and (e); 907.03; 911.04(b) and (c); 911.05. 

* * * * * * * 

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. 


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Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations 52667 

(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 

*******

Sturm Ruger & Company.ARD–03–001 ................ 2/2/2017 11/14/17, [Insert Federal Register citation].VOC RACT Order. 

2 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

* * * * * 

[FR Doc. 2017–24540 Filed 11–13–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52, 62, and 70 

[EPA–R07–OAR–2017–0470; FRL–9970–85– 

Region 7] 

State of Iowa; Approval and 

Promulgation of the State 

Implementation Plan, the Operating 

Permits Program, and the 111(d) Plan; 

Withdrawal 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to adverse comments, the 

Environmental Protection Agency (EPA) 

is withdrawing the direct final rule for 

‘‘State of Iowa; Approval and 

Promulgation of the State 

Implementation Plan, the 111(d) Plan, 

and the Operating Permits Program,’’ 

published in the Federal Register on 

September 15, 2017. Iowa’s SIP revision 

included administrative changes, 

corrections to technical errors, revisions 

to titles and explanations of the scope 

of rules. The revision also rescinded 

outdated or no longer required rules for 

general conformity and emissions 

inventory relating to the Clean Air 

Interstate Rule (CAIR) which has been 

rescinded by EPA. Finally, the revision 

updated state rules by incorporating by 

reference more recent Code of Federal 

Regulation dates to ensure consistency 

between the state and Federallyapproved rules. 

DATES: The direct final rule published at 

82 FR 43303, September 15, 2017, is 

withdrawn effective November 14, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Heather Hamilton Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

913–551–7039, or by email at 

Hamilton.heather@epa.gov. 

SUPPLEMENTARY INFORMATION: Due to 

adverse comments, EPA is withdrawing 

the direct final rule to approve revisions 

to the Iowa State Implementation Plan 

(SIP), the 111(d) plan, and the Operating 

Permits Program. In the direct final rule 

published on September 15, 2017, (82 

FR 43303), we stated that if we received 

adverse comment by October 16, 2017, 

the rule would be withdrawn and not 

take effect. EPA received adverse 

comments. EPA will address the 

comments in a subsequent final action 

based upon the proposed action also 

published on September 15, 2017 (82 FR 

43315). EPA will not institute a second 

comment period on this action. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

40 CFR Part 62 

Environmental protection, Air 

pollution control, Administrative 

practice and procedure, Reporting and 

recordkeeping requirements. 

40 CFR Part 70 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Operating permits, Reporting 

and recordkeeping requirements. 

Dated: November 3, 2017. 

James B. Gulliford, 

Regional Administrator, Region 7. 

Accordingly, the direct final rule 

published at 82 FR 43303, September 

15, 2017, is withdrawn effective 

November 14, 2017. 

[FR Doc. 2017–24635 Filed 11–13–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 61 

[EPA–R01–OAR–2017–0439; FRL–9970–60– 

Region 1] 

Notification of Partial Voluntary 

Withdrawal of Delegation of Authority; 

Connecticut; National Emission 

Standards for Hazardous Air Pollutants 

for Asbestos 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notification of partial 

withdrawal of delegation of asbestos 

program. 

SUMMARY: This document notifies 

affected sources and other interested 

parties that the Connecticut Department 

of Energy and Environmental Protection 

(CT DEEP) has voluntarily and partially 

withdrawn from the delegation of 

authority to implement and enforce the 

federal asbestos program provisions at 

40 CFR part 61, subpart M. The 

withdrawal action only applies to 

sources that are not subject to CT 

DEEP’s title V operating permit 

program, or that are subject to the title 

V operating permit program but have 

not yet received a title V operating 

permit from CT DEEP. CT DEEP will 

continue to implement and enforce 40 

CFR part 61, subpart M for all sources 

that have already obtained a title V 

operating permit, or that obtain such a 

permit after the effective date of this 

action. 

DATES: This delegation withdrawal is 

effective on December 14, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 


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