81 FR 56556 - Air Plan Approval; New Hampshire; Rules for Reducing Particulate Emissions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 162 (August 22, 2016)
Federal Register Volume 81, Issue 162 (August 22, 2016)
| Page Range | 56556-56558 | |
| FR Document | 2016-19869 |
[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)] [Proposed Rules] [Pages 56556-56558] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19869] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2016-0285; A-1-FRL-9951-07-Region 1] Air Plan Approval; New Hampshire; Rules for Reducing Particulate Emissions AGENCY: Environmental Protection Agency. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of New Hampshire on March 31, 2011 and on July 23, 2013. These SIP revisions establish particulate matter (PM) and visible emissions (VE) standards for the following sources: foundries, smelters, and investment casting operations; hot mix asphalt plants; and sand and gravel sources, non-metallic mineral processing plants, and cement and concrete sources. In addition, EPA is proposing to approve a part of a SIP revision submitted by New Hampshire on March 12, 2003 that establishes procedures for testing opacity of emissions (i.e., VE). This action is being taken under the Clean Air Act. DATES: Written comments must be received on or before September 21, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01- OAR-2016-0285 at http://www.regulations.gov, or via email to [email protected]. 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 http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, 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) 918-1684; [email protected]. 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. EPA's Evaluation of New Hampshire's SIP Revisions III. Proposed Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background and Purpose On March 31, 2011, New Hampshire Department of Environmental Services (NH DES) submitted a State Implementation Plan (SIP) revision, which included a regulation entitled ``Sand and Gravel Sources; Non- Metallic Mineral Processing Plants; Cement and Concrete Sources'' (New Hampshire Code of Administrative Rules Chapter (Env-A 2800)). On July 23, 2013, NH DES submitted SIP revisions which included the following three regulations: ``Particulate Matter and Visible Emissions Standards'' (Env-A 2100); ``Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting Operations'' (Env-A 2400); and ``Hot Mix Asphalt Plants'' (Env-A 2700). The four submitted regulations (Env-A 2100, 2400, 2700, and 2800) state that opacity shall be determined in accordance with test methods established in Env-A 807. On March 12, 2003, the NH DES submitted Env-A 800, ``Testing and Monitoring Procedures,'' which included Part Env-A 807. On November 5, 2012, EPA approved Env-A 800 as submitted in March 2003 and revised on July 9, 2007. Although the March 2003 submittal included Env-A 807, the July 2007 submittal did not. The November 2012 approval did not take action with regard to Env-A 807. See 77 FR 66388. Therefore, Env-A 807 submitted on March 12, 2003 is still pending before EPA. Two of the submitted regulations (Env-A 2100 and 2400) included affirmative defense provisions for malfunction, which is defined as a sudden and unavoidable breakdown of process or control equipment. The New Hampshire regulations were submitted to EPA after EPA issued a start-up, shut-down, and malfunction (SSM) SIP Call proposal in February 2013 (78 FR 12460), which would have allowed narrowly drawn affirmative defense provisions in SIPs for malfunction. However, following issuance of our SIP Call proposal, a federal court ruled that the Clean Air Act precludes authority of the EPA to create affirmative defense provisions. EPA, therefore, believes that it cannot approve affirmative defense provisions in SIP submissions, even narrowly tailored ones for periods of malfunction (See NRDC v EPA, 749 F.3d 1055 (D.C. Circuit 2014)). As a result of the court decision, we issued a supplemental notice of proposed rulemaking (SNPR) on September 17, 2014 (79 FR 55920) that rescinded our [[Page 56557]] previous February 2013 proposal to allow narrowly tailored affirmative defense provisions for malfunction to be included in SIPs. Therefore, on April 13, 2016, NH DES sent a letter to EPA withdrawing the affirmative defense provisions in Chapter Env-A 2100 and 2400 (i.e., 2103.03, and 2405). After reviewing NH DES's SIP submittals for Env-A 807, 2100, 2400, 2700, 2800 and the letter withdrawing the affirmative defense provisions in Env-A 2100 and 2400, EPA is proposing to approve all of the SIP revisions without the withdrawn portions, and is soliciting public comments on the issues discussed in this notice or on other relevant matters. These comments will be considered before taking final action. Interested parties may participate in the Federal rulemaking procedure by submitting written comments to this proposed rule by following the instructions listed in the ADDRESSES section of this Federal Register. II. EPA's Evaluation of New Hampshire's SIP Revisions On March 12, 2003, NH DES submitted NH Code of Administrative Rules Chapter Env-A 807 for approval into the New Hampshire SIP. Env-A 807 establishes procedures for testing opacity of emissions (i.e., visible emissions) from stationary sources, and from small boilers and emergency generators. Env-A 807 also establishes testing requirements for diesel engines in motor vehicles as well as procedures for determining opacity from fugitive emissions. Env-A 807 is not currently part of the federally-approved New Hampshire SIP. Four regulations that we are proposing to approve herein (Env-A 2100, 2400, 2700, and 2800) rely on use of test methods given in Env-A 807. Based on a review of Env-A 807, EPA has determined that the test procedures are appropriate and is proposing to approve Env-A 807 into the New Hampshire SIP. On March 31, 2011, NH DES submitted Env-A 2800 (Sand and Gravel Sources; Non-Metallic Mineral Processing Plants; Cement and Concrete Sources) for approval into the New Hampshire SIP. This rule is not currently part of the federally-approved New Hampshire SIP. Env-A 2800 sets standards for VE and PM emissions and fugitive-dust requirements for sand and gravel sources, non-metallic mineral processing plants, and cement and concrete sources. In addition, it establishes permit-by-notification (PBN) requirements for non-metallic mineral processing plants to replace the General State Permit (GSP) option. For all sources subject to Env-A 2800, visible fugitive emissions or visible stack emissions must not exceed 20-percent opacity for any continuous 6-minute period, and all sources are required to control emissions of dust from vehicular movement within plant property boundaries. This rule will benefit public health and the environment by controlling PM emissions and visible emissions from a variety of sources. Therefore, EPA is proposing to approve Env-A 2800 into the New Hampshire SIP. On July 23, 2013, NH DES submitted Env-A 2100 (Particulate Matter and Visible Emissions Standards), Env-A 2400 (Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting Operations), and Env-A 2700 (Hot Mix Asphalt Plants) for approval into the New Hampshire SIP. Env-A 2100 establishes emission standards for existing and new stationary sources or devices that emit particulate matter to the ambient air through a stack or through an exhaust and ventilation system. This rule is not currently part of the federally-approved New Hampshire SIP. Depending on the process weight rate (0.025 to 1,000 tons per hour (tph)), the PM emission standard in Env-A 2100 for ``new devices'' ranges from 0.36 to 77.6 pounds per hour (lbs/hr), and for ``existing devices'' from 0.43 to 93.11 lbs/hr. In addition, Env-A 2100 sets allowable visible emissions for stationary sources or devices at 20 percent opacity for any continuous 6-minute period. This rule will benefit public health and the environment by controlling PM emissions from certain stationary sources. Therefore, EPA is proposing to approve Env-A 2100 into the New Hampshire SIP. Env-A 2400 establishes emission standards for ferrous and non- ferrous foundries, smelters, and investment casting operations. This rule is not currently part of the federally-approved New Hampshire SIP. For existing foundries (installed before or on May 12, 1971) and new ferrous foundries (installed after May 12, 1971), PM emission standards in Env-A 2400 are the same as those given for existing and new sources and devices in Env-A 2100. The standards are the same for non-ferrous foundries, smelters, and investment casting operations. However, for these non-ferrous facilities and operations, ``existing'' is defined as before or on February 18, 1972, and ``new'' is defined as after February 18, 1972. In addition, for any ferrous foundry installed or modified after June 15, 1974, PM emissions must not exceed 50 milligrams per dry standard cubic meter (mg/dscm) or 0.022 grains/dscf. For all facilities covered under Env-A 2400, allowable visible emissions are set at 20 percent opacity for any continuous 6-minute period. This rule will benefit public health and the environment by controlling PM emissions from foundries, smelters, and investment casting operations. Therefore, EPA is proposing to approve Env-A 2400 into the New Hampshire SIP. Env-A 2700 establishes emission standards for hot mix asphalt plants. The PM emission standard is set at 90 mg/dscm or 0.04 grains/ dscf, which is the same standard as in the federal Standards of Performance for Hot Mix Asphalt Facilities (40 FR 46259). In addition, visible fugitive emissions or visible stack emissions must not exceed an average of 20 percent opacity for any continuous 6-minute period. On August 22, 2012, EPA approved one provision of Env-A 2700, which was part of a SIP revision submitted by New Hampshire on January 28, 2005. See 77 FR 50651. This provision, 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.'' NH DES withdrew the remaining parts of the January 2005 SIP submittal on July 23, 2013, when it submitted the version of Env-A 2700 that is addressed herein. In the July 23, 2013 submission, SIP-approved Env-A 2703.02(a) has been renumbered Env-A 2702.02(a). This rule will benefit public health and the environment by reducing emissions from hot mix asphalt plants. Also, by approving the July 23, 2013 submission of Env- A 2700 in its entirety, the existing provision limiting visible emissions will be retained in the New Hampshire SIP, thus meeting the requirements of section 110(l) of the CAA. Therefore, EPA is proposing to approve Env-A 2700 into the New Hampshire SIP. EPA's review of the SIP submittals indicate that all concerns that EPA has expressed to NH DES about these state regulations have been adequately addressed. Concerns on the July 23, 2013 submittals were all in regard to affirmative defense provisions for malfunctions contained in Env-A 2100 and 2400. To address our concerns, NH DES submitted a letter withdrawing these provisions from Env-A 2100 and 2400. See letter to EPA dated July 8, 2013, available in the docket for today's action. The other regulations that we are proposing to approve herein (Env-A 807, 2700, and 2800) do not, even as a matter of state law, contain exceptions [[Page 56558]] for SSM periods or affirmative defense provisions. III. Proposed Action EPA is proposing to approve, and incorporate into the New Hampshire SIP, four regulations and part of one regulation, except for affirmative defense provisions in two of the regulations which NH DES has withdrawn. The four regulations include one regulation submitted by the State of New Hampshire on March 31, 2011, Sand and Gravel Sources; Non-Metallic Mineral Processing Plants; Cement and Concrete Sources (Env-A 2800), effective October 1, 2010; and three regulations submitted on July 23, 2013, Particulate Matter and Visible Emissions Standards (Env-A 2100), effective April 23, 2013; Ferrous and Non- Ferrous Foundries, Smelters, and Investment Casting Operations (Env-A 2400), effective April 23, 2013; and Hot Mix Asphalt Plants (Env-A 2700), effective February 16, 2013. As noted earlier, the affirmative defense provisions, which NH DES has withdrawn from its SIP submittals, are not included in this proposed approval action and are contained in state law only in Env-A 2103.03 and 2405. EPA is also proposing to approve Env-A 807 (``Testing for Opacity of Emissions''), effective October 31, 2002. EPA is soliciting public comments on the issues discussed in this proposal or on other relevant matters. These comments will be considered before EPA takes final action. Interested parties may participate in the Federal rulemaking procedure by submitting comments to this proposed rule by following the instructions listed in the ADDRESSES section of this Federal Register. IV. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the New Hampshire Code of Administrative Rules stated in section III above. The EPA has made, and will continue to make, these documents generally available electronically through http://www.regulations.gov and/or in hard copy at the appropriate EPA office. 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 proposed 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 proposed 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 (Public Law 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: August 9, 2016. H. Curtis Spalding, Regional Administrator, EPA New England. [FR Doc. 2016-19869 Filed 8-19-16; 8:45 am] BILLING CODE 6560-50-P
![56556 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Proposed Rules
Regulations.gov. For either manner of and investment casting operations; hot III. Proposed Action
submission, the EPA may publish any mix asphalt plants; and sand and gravel IV. Incorporation by Reference
comment received to its public docket. sources, non-metallic mineral V. Statutory and Executive Order Reviews
Do not submit electronically any processing plants, and cement and I. Background and Purpose
information you consider to be concrete sources. In addition, EPA is
On March 31, 2011, New Hampshire
confidential business information (CBI) proposing to approve a part of a SIP
Department of Environmental Services
or other information whose disclosure is revision submitted by New Hampshire
(NH DES) submitted a State
restricted by statute. Multimedia on March 12, 2003 that establishes
Implementation Plan (SIP) revision,
submissions (audio, video, etc.) must be procedures for testing opacity of
which included a regulation entitled
accompanied by a written comment. emissions (i.e., VE). This action is being
‘‘Sand and Gravel Sources; Non-Metallic
The written comment is considered the taken under the Clean Air Act.
Mineral Processing Plants; Cement and
official comment and should include DATES: Written comments must be
Concrete Sources’’ (New Hampshire
discussion of all points you wish to received on or before September 21, Code of Administrative Rules Chapter
make. The EPA will generally not 2016. (Env-A 2800)).
consider comments or comment ADDRESSES: Submit your comments, On July 23, 2013, NH DES submitted
contents located outside of the primary identified by Docket ID No. EPA–R01– SIP revisions which included the
submission (i.e., on the Web, cloud, or OAR–2016–0285 at http:// following three regulations: ‘‘Particulate
other file sharing system). For www.regulations.gov, or via email to Matter and Visible Emissions
additional submission methods, please Arnold.Anne@epa.gov. For comments Standards’’ (Env-A 2100); ‘‘Ferrous and
contact the person identified in the FOR submitted at Regulations.gov, follow the Non-Ferrous Foundries, Smelters, and
FURTHER INFORMATION CONTACT section. online instructions for submitting Investment Casting Operations’’ (Env-A
For the full EPA public comment policy, comments. Once submitted, comments 2400); and ‘‘Hot Mix Asphalt Plants’’
information about CBI or multimedia cannot be edited or removed from (Env-A 2700).
submissions, and general guidance on Regulations.gov. For either manner of The four submitted regulations (Env-
making effective comments, please visit submission, the EPA may publish any A 2100, 2400, 2700, and 2800) state that
http://www2.epa.gov/dockets/ comment received to its public docket. opacity shall be determined in
commenting-epa-dockets. Do not submit electronically any accordance with test methods
FOR FURTHER INFORMATION CONTACT: information you consider to be established in Env-A 807. On March 12,
David Talley, (215) 814–2117, or by Confidential Business Information (CBI) 2003, the NH DES submitted Env-A 800,
email at talley.david@epa.gov. or other information whose disclosure is ‘‘Testing and Monitoring Procedures,’’
SUPPLEMENTARY INFORMATION: For restricted by statute. Multimedia which included Part Env-A 807. On
further information, please see the submissions (audio, video, etc.) must be November 5, 2012, EPA approved Env-
information provided in the direct final accompanied by a written comment. A 800 as submitted in March 2003 and
action, with the same title, that is The written comment is considered the revised on July 9, 2007. Although the
located in the Rules and Regulations official comment and should include March 2003 submittal included Env-A
section of this Federal Register discussion of all points you wish to 807, the July 2007 submittal did not.
publication. make. The EPA will generally not The November 2012 approval did not
consider comments or comment take action with regard to Env-A 807.
Dated: August 9, 2016.
contents located outside of the primary See 77 FR 66388. Therefore, Env-A 807
Shawn M. Garvin, submission (i.e. on the web, cloud, or submitted on March 12, 2003 is still
Regional Administrator, Region III. other file sharing system). For pending before EPA.
[FR Doc. 2016–19768 Filed 8–19–16; 8:45 am] additional submission methods, please Two of the submitted regulations
BILLING CODE 6560–50–P contact the person identified in the FOR (Env-A 2100 and 2400) included
FURTHER INFORMATION CONTACT section. affirmative defense provisions for
For the full EPA public comment policy, malfunction, which is defined as a
ENVIRONMENTAL PROTECTION information about CBI or multimedia sudden and unavoidable breakdown of
AGENCY submissions, and general guidance on process or control equipment. The New
making effective comments, please visit Hampshire regulations were submitted
40 CFR Part 52 http://www2.epa.gov/dockets/ to EPA after EPA issued a start-up, shut-
[EPA–R01–OAR–2016–0285; A–1–FRL– commenting-epa-dockets. down, and malfunction (SSM) SIP Call
9951–07–Region 1] FOR FURTHER INFORMATION CONTACT: proposal in February 2013 (78 FR
Alison C. Simcox, Air Quality Planning 12460), which would have allowed
Air Plan Approval; New Hampshire; Unit, Air Programs Branch (Mail Code narrowly drawn affirmative defense
Rules for Reducing Particulate OEP05–02), U.S. Environmental provisions in SIPs for malfunction.
Emissions Protection Agency, Region 1, 5 Post However, following issuance of our SIP
AGENCY: Environmental Protection Office Square, Suite 100, Boston, Call proposal, a federal court ruled that
Agency. Massachusetts 02109–3912; (617) 918– the Clean Air Act precludes authority of
ACTION: Proposed rule.
1684; simcox.alison@epa.gov. the EPA to create affirmative defense
SUPPLEMENTARY INFORMATION: provisions. EPA, therefore, believes that
SUMMARY: The Environmental Protection Throughout this document whenever it cannot approve affirmative defense
Agency (EPA) is proposing to approve ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean provisions in SIP submissions, even
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State Implementation Plan (SIP) EPA. narrowly tailored ones for periods of
revisions submitted by the State of New Organization of this document. The malfunction (See NRDC v EPA, 749 F.3d
Hampshire on March 31, 2011 and on following outline is provided to aid in 1055 (D.C. Circuit 2014)). As a result of
July 23, 2013. These SIP revisions locating information in this preamble. the court decision, we issued a
establish particulate matter (PM) and I. Background and Purpose supplemental notice of proposed
visible emissions (VE) standards for the II. EPA’s Evaluation of New Hampshire’s SIP rulemaking (SNPR) on September 17,
following sources: foundries, smelters, Revisions 2014 (79 FR 55920) that rescinded our
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![56558 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Proposed Rules
for SSM periods or affirmative defense Federal regulations. 42 U.S.C. 7410(k); List of Subjects in 40 CFR Part 52
provisions. 40 CFR 52.02(a). Thus, in reviewing SIP Environmental protection, Air
submissions, EPA’s role is to approve pollution control, Carbon monoxide,
III. Proposed Action
state choices, provided that they meet Incorporation by reference,
EPA is proposing to approve, and the criteria of the Clean Air Act.
incorporate into the New Hampshire Intergovernmental relations, Lead,
Accordingly, this proposed action Nitrogen dioxide, Ozone, Particulate
SIP, four regulations and part of one merely approves state law as meeting
regulation, except for affirmative matter, Reporting and recordkeeping
Federal requirements and does not requirements, Sulfur oxides, Volatile
defense provisions in two of the impose additional requirements beyond
regulations which NH DES has organic compounds.
those imposed by state law. For that
withdrawn. The four regulations reason, this proposed action: Dated: August 9, 2016.
include one regulation submitted by the • Is not a significant regulatory action H. Curtis Spalding,
State of New Hampshire on March 31, subject to review by the Office of Regional Administrator, EPA New England.
2011, Sand and Gravel Sources; Non- Management and Budget under [FR Doc. 2016–19869 Filed 8–19–16; 8:45 am]
Metallic Mineral Processing Plants; Executive Orders 12866 (58 FR 51735, BILLING CODE 6560–50–P
Cement and Concrete Sources (Env-A October 4, 1993) and 13563 (76 FR 3821,
2800), effective October 1, 2010; and January 21, 2011);
three regulations submitted on July 23,
2013, Particulate Matter and Visible • Does not impose an information DEPARTMENT OF HOMELAND
collection burden under the provisions SECURITY
Emissions Standards (Env-A 2100),
effective April 23, 2013; Ferrous and of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.); Federal Emergency Management
Non-Ferrous Foundries, Smelters, and Agency
Investment Casting Operations (Env-A • Is certified as not having a
2400), effective April 23, 2013; and Hot significant economic impact on a
substantial number of small entities 44 CFR Part 9
Mix Asphalt Plants (Env-A 2700),
effective February 16, 2013. As noted under the Regulatory Flexibility Act (5 [Docket ID FEMA–2015–0006]
earlier, the affirmative defense U.S.C. 601 et seq.);
• Does not contain any unfunded Guidance for Implementing the Federal
provisions, which NH DES has
mandate or significantly or uniquely Flood Risk Management Standard
withdrawn from its SIP submittals, are
not included in this proposed approval affect small governments, as described AGENCY: Federal Emergency
action and are contained in state law in the Unfunded Mandates Reform Act Management Agency, DHS.
only in Env-A 2103.03 and 2405. EPA of 1995 (Public Law 104–4); ACTION: Notice of availability; request
is also proposing to approve Env-A 807 • Does not have Federalism for comments.
(‘‘Testing for Opacity of Emissions’’), implications as specified in Executive
effective October 31, 2002. Order 13132 (64 FR 43255, August 10, SUMMARY: The Federal Emergency
EPA is soliciting public comments on 1999); Management Agency (FEMA) is
the issues discussed in this proposal or • Is not an economically significant accepting comments on the proposed
on other relevant matters. These regulatory action based on health or guidance for implementing the Federal
comments will be considered before safety risks subject to Executive Order Flood Risk Management Standard
EPA takes final action. Interested parties 13045 (62 FR 19885, April 23, 1997); (FFRMS).
may participate in the Federal • Is not a significant regulatory action DATES: Comments must be received by
rulemaking procedure by submitting subject to Executive Order 13211 (66 FR October 21, 2016.
comments to this proposed rule by 28355, May 22, 2001); ADDRESSES: Comments must be
following the instructions listed in the • Is not subject to requirements of identified by Docket ID: FEMA–2015–
ADDRESSES section of this Federal Section 12(d) of the National 0006 and may be submitted by one of
Register. Technology Transfer and Advancement the following methods:
IV. Incorporation by Reference Act of 1995 (15 U.S.C. 272 note) because Federal eRulemaking Portal: http://
In this rule, the EPA is proposing to application of those requirements would www.regulations.gov. Follow the
include in a final EPA rule regulatory be inconsistent with the Clean Air Act; instructions for submitting comments.
text that includes incorporation by and Mail: Regulatory Affairs Division,
reference. In accordance with • Does not provide EPA with the Office of the Chief Counsel, Federal
requirements of 1 CFR 51.5, the EPA is discretionary authority to address, as Emergency Management Agency, Room
proposing to incorporate by reference appropriate, disproportionate human 8NE–1604, 500 C Street SW.,
the New Hampshire Code of health or environmental effects, using Washington, DC 20472–3100.
Administrative Rules stated in section practicable and legally permissible The proposed guidance may be found
III above. The EPA has made, and will methods, under Executive Order 12898 at http://www.regulations.gov, using
continue to make, these documents (59 FR 7629, February 16, 1994). Docket ID FEMA–2015–0006. Members
generally available electronically In addition, the SIP is not approved of the public without internet access
through http://www.regulations.gov to apply on any Indian reservation land may request a copy of the policy from
and/or in hard copy at the appropriate or in any other area where EPA or an using the information in the FOR
Indian tribe has demonstrated that a FURTHER INFORMATION CONTACT section of
Lhorne on DSK30JT082PROD with PROPOSALS
EPA office.
tribe has jurisdiction. In those areas of this notice.
V. Statutory and Executive Order Indian country, the rule does not have FOR FURTHER INFORMATION CONTACT:
Reviews tribal implications and will not impose Kristin Fontenot, Director, Office of
Under the Clean Air Act, the substantial direct costs on tribal Environmental Planning and Historic
Administrator is required to approve a governments or preempt tribal law as Preservation, Federal Insurance and
SIP submission that complies with the specified by Executive Order 13175 (65 Mitigation Administration, DHS/FEMA,
provisions of the Act and applicable FR 67249, November 9, 2000). 400 C Street SW., Suite 313,
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Document Created: 2018-02-09 11:37:42
Document Modified: 2018-02-09 11:37:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before September 21, 2016. | |
| Contact | Alison C. Simcox, 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) 918-1684; [email protected] | |
| FR Citation | 81 FR 56556 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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