81_FR_59306 81 FR 59139 - Air Plan Approval; New Hampshire; Approval of Single Source Orders

81 FR 59139 - Air Plan Approval; New Hampshire; Approval of Single Source Orders

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 167 (August 29, 2016)

Page Range59139-59141
FR Document2016-20538

The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of New Hampshire. The revisions consist of single source orders that establish reasonably available control technology for three sources of volatile organic compounds. This action is being taken in accordance with the Clean Air Act.

Federal Register, Volume 81 Issue 167 (Monday, August 29, 2016)
[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Rules and Regulations]
[Pages 59139-59141]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20538]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2013-0260; A-1-FRL-9951-46-Region 1]


Air Plan Approval; New Hampshire; Approval of Single Source 
Orders

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 consist of single source orders that establish 
reasonably available control technology for three sources of volatile 
organic compounds. This action is being taken in accordance with the 
Clean Air Act.

DATES: This direct final rule will be effective October 28, 2016, 
unless EPA receives adverse comments by September 28, 2016. 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-2013-0260 at http://www.regulations.gov, or via email to Anne 
Arnold at: [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: 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; 
[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. Description and Evaluation of the State's Submittals
    1. Order for Parker-Hannifin Corporation
    2. Order for Textile Tapes Corporation
    3. Order for Watts Regulator Corporation
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    The New Hampshire Department of Environmental Services (NH DES) 
submitted to EPA the following three single source orders establishing 
reasonably available control technology (RACT) for sources of volatile 
organic compounds (VOCs) for incorporation into the New Hampshire SIP: 
RACT Order ARD-03-001A, issued to Parker-Hannifin Corporation, 
Chomerics Division, located in Hudson, New Hampshire, submitted to EPA 
on October 31, 2014; RACT Order ARD-96-001, issued to Textile Tapes 
Corporation located in Gonic, New Hampshire, submitted to EPA on July 
30, 2015; and RACT Order ARD-07-001, issued to Watts Regulator Company 
located in Franklin, New Hampshire, submitted to EPA on September 9, 
2015. A description of these submittals and our evaluation of them 
appears below in Section II of this document.

II. Description and Evaluation of the State's Submittals

1. Order for Parker-Hannifin Corporation

    The Parker-Hannifin Corporation, Chomerics Division, located in 
Hudson, New Hampshire, produces coated fabrics, films, and other 
substrates for use in the electronics industry. The NH DES previously 
issued VOC RACT Order ARD 03-001 to the facility on July 18, 2002, and 
EPA approved that order into the NH SIP on November 5, 2012. See 77 FR 
66388. NH DES re-issued the order for this facility as ARD 03-001A to 
allow for modifications to monitoring requirements, testing frequency, 
and determination of destruction and removal efficiency for a catalytic 
oxidizer operated by the facility to control air pollution. New 
Hampshire DES determined that these changes were appropriate after 
reviewing the performance history of the oxidizer. VOC RACT Order ARD 
03-001A was issued by the NH DES on October 22, 2014, and establishes 
enforceable requirements the facility must follow in order to control 
VOC emissions at the facility. The Order includes requirements for 
periodic monitoring of the catalytic oxidizer's performance, 
recordkeeping requirements, work practice standards, and allows the 
facility to generate and use discrete emission reduction credits.

2. Order for Textile Tapes Corporation

    The Textile Tapes Corporation operates a fabric coating and hot 
melt coating facility located in Gonic, New Hampshire. The NH DES 
previously issued VOC RACT Order ARD-96-001 to the facility, with a 
state effective date of August 10, 2007, which EPA approved into the 
New Hampshire SIP on November 5, 2012. See 77 FR 66388. Subsequently, 
the facility installed a new regenerative thermal oxidizer (RTO) to 
replace an existing unit at the facility. The updated VOC RACT order 
for the facility, ARD-96-001, as amended on July 30, 2015, contains an 
updated operating temperature for the new RTO. Additionally, the 
updated VOC RACT order provides a facility wide VOC emissions limit of 
24.9 tons on a 12 month rolling basis, which is a decrease from the 
previous limit of 63.8 tons. The updated order makes a number of 
editorial changes to reflect the current citations for New Hampshire's 
air pollution control regulations, includes requirements for monitoring 
and testing for the RTO, includes recordkeeping requirements, and 
allows the facility to generate and use discrete emission reduction 
credits.

3. Order for Watts Regulator Company

    The Watts Regulator Company manufactures equipment for the 
plumbing, heating, and water quality industries at a facility located 
in Franklin, New Hampshire. The NH DES previously issued VOC RACT Order 
ARD-07-001 to the facility, which was then operated under the name 
Webster

[[Page 59140]]

Valve Company, with a state effective date of March 21, 2007. EPA 
approved this order into the NH SIP on November 5, 2012. See 77 FR 
66388. NH DES amended the order for this facility in 2015 to reflect 
the pending applicability of a newly adopted state VOC regulation, Env-
A 1212, Miscellaneous Metal and Plastic Parts and Products Coating, to 
coatings used by the facility, and to include work practice standards 
to the order. The order includes recordkeeping requirements, and allows 
the facility to generate and use discrete emission reduction credits.
    EPA agrees with New Hampshire's updated RACT determinations for the 
three sources mentioned above, and is therefore removing the existing 
orders for these facilities from the New Hampshire SIP and replacing 
them with the updated orders described above. The updated orders we are 
approving are at least as stringent as the orders being replaced, and 
therefore meet the anti-backsliding requirements of section 110(l) of 
the CAA.

III. Final Action

    EPA is approving, and incorporating into the New Hampshire SIP, 
three single source orders that establish reasonably available control 
technology for the Parker-Hannifin Corporation, the Textile Tapes 
Corporation, and the Watts Regulator Company, and is removing 
previously approved orders for these three facilities from 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 October 
28, 2016 without further notice unless the Agency receives relevant 
adverse comments by September 28, 2016.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on October 28, 2016 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 of single 
source orders for the Parker Hannifin Corporation, Textile Tapes 
Corporation, and Watts Regulator Company, as 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).

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 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. Section 804, however, exempts from section 801 the 
following types of rules: Rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, EPA is not required 
to submit a rule report regarding this action under section 801.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 28, 2016. 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

[[Page 59141]]

objections to this direct final rule are encouraged to file a comment 
in response to the parallel notice of proposed rulemaking for this 
action published in the proposed rules section of today's Federal 
Register, rather than file an immediate petition for judicial review of 
this direct final rule, so that EPA can withdraw this direct final rule 
and address the comment in the proposed rulemaking. This action may not 
be challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: August 15, 2016.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart EE--New Hampshire

0
2. In Sec.  52.1520(d), the table is amended by removing existing 
entries for Parker-Hanifan Corporation, Textile Tapes Corporation (2 
entries), and Webster Valve, and adding new entries for Parker-Hannifin 
Corporation, Textile Tapes Corporation, and Watts Regulator Company to 
the end of the table to read as follows:


Sec.  52.1520  Identification of plan.

* * * * *
    (d) EPA-approved State Source specific requirements.

                             EPA-Approved New Hampshire Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                        State        EPA approval     Additional explanations/
        Name of source             Permit No.      effective date      date \2\        Sec.   52.1535 citation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Parker-Hannifin Corporation..  ARD 03-001A             10/22/2014  8/29/2016        VOC RACT Order.
                                                                    [Insert
                                                                    Federal
                                                                    Register
                                                                    citation].
Textile Tapes Corporation....  ARD-96-001               7/30/2015  8/29/2016        VOC RACT Order.
                                                                    [Insert
                                                                    Federal
                                                                    Register
                                                                    citation].
Watts Regulator Company......  ARD 07-001               8/21/2015  8/29/2016        VOC RACT Order.
                                                                    [Insert
                                                                    Federal
                                                                    Register
                                                                    citation].
----------------------------------------------------------------------------------------------------------------
 * * * * * * *
\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. 2016-20538 Filed 8-26-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                  Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Rules and Regulations                                           59139

                                                interest therein, for any purpose                       contact the person identified in the FOR              DES previously issued VOC RACT
                                                authorized by 38 U.S.C., chapter 37.                    FURTHER INFORMATION CONTACT     section.              Order ARD 03–001 to the facility on July
                                                *     *     *     *     *                               For the full EPA public comment policy,               18, 2002, and EPA approved that order
                                                [FR Doc. 2016–20499 Filed 8–26–16; 8:45 am]             information about CBI or multimedia                   into the NH SIP on November 5, 2012.
                                                BILLING CODE 8320–01–P                                  submissions, and general guidance on                  See 77 FR 66388. NH DES re-issued the
                                                                                                        making effective comments, please visit               order for this facility as ARD 03–001A
                                                                                                        http://www2.epa.gov/dockets/                          to allow for modifications to monitoring
                                                ENVIRONMENTAL PROTECTION                                commenting-epa-dockets.                               requirements, testing frequency, and
                                                AGENCY                                                  FOR FURTHER INFORMATION CONTACT: Bob                  determination of destruction and
                                                                                                        McConnell, Environmental Engineer,                    removal efficiency for a catalytic
                                                40 CFR Part 52                                          Air Quality Planning Unit, Air Programs               oxidizer operated by the facility to
                                                                                                        Branch (Mail Code OEP05–02), U.S.                     control air pollution. New Hampshire
                                                [EPA–R01–OAR–2013–0260; A–1–FRL–                                                                              DES determined that these changes were
                                                9951–46–Region 1]                                       Environmental Protection Agency,
                                                                                                        Region 1, 5 Post Office Square, Suite                 appropriate after reviewing the
                                                Air Plan Approval; New Hampshire;                       100, Boston, Massachusetts 02109–3912;                performance history of the oxidizer.
                                                Approval of Single Source Orders                        (617) 918–1046; mcconnell.robert@                     VOC RACT Order ARD 03–001A was
                                                                                                        epa.gov.                                              issued by the NH DES on October 22,
                                                AGENCY: Environmental Protection                                                                              2014, and establishes enforceable
                                                Agency (EPA).                                           SUPPLEMENTARY INFORMATION:                            requirements the facility must follow in
                                                                                                        Throughout this document whenever                     order to control VOC emissions at the
                                                ACTION: Direct final rule.
                                                                                                        ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           facility. The Order includes
                                                SUMMARY:   The Environmental Protection                 EPA.                                                  requirements for periodic monitoring of
                                                Agency (EPA) is approving State                            Organization of this document. The                 the catalytic oxidizer’s performance,
                                                Implementation Plan (SIP) revisions                     following outline is provided to aid in               recordkeeping requirements, work
                                                submitted by the State of New                           locating information in this preamble.                practice standards, and allows the
                                                Hampshire. The revisions consist of                     I. Background and Purpose                             facility to generate and use discrete
                                                single source orders that establish                     II. Description and Evaluation of the State’s         emission reduction credits.
                                                reasonably available control technology                       Submittals
                                                                                                           1. Order for Parker-Hannifin Corporation           2. Order for Textile Tapes Corporation
                                                for three sources of volatile organic
                                                                                                           2. Order for Textile Tapes Corporation                The Textile Tapes Corporation
                                                compounds. This action is being taken
                                                                                                           3. Order for Watts Regulator Corporation           operates a fabric coating and hot melt
                                                in accordance with the Clean Air Act.                   III. Final Action                                     coating facility located in Gonic, New
                                                DATES: This direct final rule will be                   IV. Incorporation by Reference
                                                                                                                                                              Hampshire. The NH DES previously
                                                effective October 28, 2016, unless EPA                  V. Statutory and Executive Order Reviews
                                                                                                                                                              issued VOC RACT Order ARD–96–001
                                                receives adverse comments by
                                                                                                        I. Background and Purpose                             to the facility, with a state effective date
                                                September 28, 2016. If adverse
                                                                                                          The New Hampshire Department of                     of August 10, 2007, which EPA
                                                comments are received, EPA will
                                                                                                        Environmental Services (NH DES)                       approved into the New Hampshire SIP
                                                publish a timely withdrawal of the
                                                                                                        submitted to EPA the following three                  on November 5, 2012. See 77 FR 66388.
                                                direct final rule in the Federal Register                                                                     Subsequently, the facility installed a
                                                informing the public that the rule will                 single source orders establishing
                                                                                                        reasonably available control technology               new regenerative thermal oxidizer
                                                not take effect.                                                                                              (RTO) to replace an existing unit at the
                                                ADDRESSES: Submit your comments,                        (RACT) for sources of volatile organic
                                                                                                        compounds (VOCs) for incorporation                    facility. The updated VOC RACT order
                                                identified by Docket ID No. EPA–R01–                                                                          for the facility, ARD–96–001, as
                                                OAR–2013–0260 at http://                                into the New Hampshire SIP: RACT
                                                                                                        Order ARD–03–001A, issued to Parker-                  amended on July 30, 2015, contains an
                                                www.regulations.gov, or via email to                                                                          updated operating temperature for the
                                                Anne Arnold at: arnold.anne@epa.gov.                    Hannifin Corporation, Chomerics
                                                                                                        Division, located in Hudson, New                      new RTO. Additionally, the updated
                                                For comments submitted at                                                                                     VOC RACT order provides a facility
                                                Regulations.gov, follow the online                      Hampshire, submitted to EPA on
                                                                                                        October 31, 2014; RACT Order ARD–                     wide VOC emissions limit of 24.9 tons
                                                instructions for submitting comments.                                                                         on a 12 month rolling basis, which is a
                                                Once submitted, comments cannot be                      96–001, issued to Textile Tapes
                                                                                                        Corporation located in Gonic, New                     decrease from the previous limit of 63.8
                                                edited or removed from Regulations.gov.                                                                       tons. The updated order makes a
                                                For either manner of submission, the                    Hampshire, submitted to EPA on July
                                                                                                        30, 2015; and RACT Order ARD–07–                      number of editorial changes to reflect
                                                EPA may publish any comment received                                                                          the current citations for New
                                                to its public docket. Do not submit                     001, issued to Watts Regulator Company
                                                                                                        located in Franklin, New Hampshire,                   Hampshire’s air pollution control
                                                electronically any information you                                                                            regulations, includes requirements for
                                                consider to be Confidential Business                    submitted to EPA on September 9, 2015.
                                                                                                        A description of these submittals and                 monitoring and testing for the RTO,
                                                Information (CBI) or other information                                                                        includes recordkeeping requirements,
                                                whose disclosure is restricted by statute.              our evaluation of them appears below in
                                                                                                        Section II of this document.                          and allows the facility to generate and
                                                Multimedia submissions (audio, video,                                                                         use discrete emission reduction credits.
                                                etc.) must be accompanied by a written                  II. Description and Evaluation of the
                                                comment. The written comment is                                                                               3. Order for Watts Regulator Company
                                                                                                        State’s Submittals
                                                considered the official comment and                                                                              The Watts Regulator Company
jstallworth on DSK7TPTVN1PROD with RULES




                                                should include discussion of all points                 1. Order for Parker-Hannifin                          manufactures equipment for the
                                                you wish to make. The EPA will                          Corporation                                           plumbing, heating, and water quality
                                                generally not consider comments or                        The Parker-Hannifin Corporation,                    industries at a facility located in
                                                comment contents located outside of the                 Chomerics Division, located in Hudson,                Franklin, New Hampshire. The NH DES
                                                primary submission (i.e. on the web,                    New Hampshire, produces coated                        previously issued VOC RACT Order
                                                cloud, or other file sharing system). For               fabrics, films, and other substrates for              ARD–07–001 to the facility, which was
                                                additional submission methods, please                   use in the electronics industry. The NH               then operated under the name Webster


                                           VerDate Sep<11>2014   14:52 Aug 26, 2016   Jkt 238001   PO 00000   Frm 00011   Fmt 4700   Sfmt 4700   E:\FR\FM\29AUR1.SGM   29AUR1


                                                59140             Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Rules and Regulations

                                                Valve Company, with a state effective                   rule. Please note that if EPA receives                Order 13132 (64 FR 43255, August 10,
                                                date of March 21, 2007. EPA approved                    adverse comment on an amendment,                      1999);
                                                this order into the NH SIP on November                  paragraph, or section of this rule and if                • Is not an economically significant
                                                5, 2012. See 77 FR 66388. NH DES                        that provision may be severed from the                regulatory action based on health or
                                                amended the order for this facility in                  remainder of the rule, EPA may adopt                  safety risks subject to Executive Order
                                                2015 to reflect the pending applicability               as final those provisions of the rule that            13045 (62 FR 19885, April 23, 1997);
                                                of a newly adopted state VOC                            are not the subject of an adverse                        • Is not a significant regulatory action
                                                regulation, Env-A 1212, Miscellaneous                   comment.                                              subject to Executive Order 13211 (66 FR
                                                Metal and Plastic Parts and Products                                                                          28355, May 22, 2001);
                                                Coating, to coatings used by the facility,              IV. Incorporation by Reference                           • Is not subject to requirements of
                                                and to include work practice standards                    In this rule, the EPA is finalizing                 Section 12(d) of the National
                                                to the order. The order includes                        regulatory text that includes                         Technology Transfer and Advancement
                                                recordkeeping requirements, and allows                  incorporation by reference. In                        Act of 1995 (15 U.S.C. 272 note) because
                                                the facility to generate and use discrete               accordance with requirements of 1 CFR                 application of those requirements would
                                                emission reduction credits.                             51.5, the EPA is finalizing the                       be inconsistent with the Clean Air Act;
                                                   EPA agrees with New Hampshire’s                      incorporation by reference of single                  and
                                                updated RACT determinations for the                     source orders for the Parker Hannifin                    • Does not provide EPA with the
                                                three sources mentioned above, and is                   Corporation, Textile Tapes Corporation,               discretionary authority to address, as
                                                therefore removing the existing orders                  and Watts Regulator Company, as                       appropriate, disproportionate human
                                                for these facilities from the New                       described in the amendments to 40 CFR                 health or environmental effects, using
                                                Hampshire SIP and replacing them with                   part 52 set forth below. The EPA has                  practicable and legally permissible
                                                the updated orders described above. The                 made, and will continue to make, these                methods, under Executive Order 12898
                                                updated orders we are approving are at                                                                        (59 FR 7629, February 16, 1994).
                                                                                                        materials generally available through
                                                least as stringent as the orders being                                                                           In addition, the SIP is not approved
                                                                                                        www.regulations.gov, and/or at the EPA
                                                replaced, and therefore meet the anti-                                                                        to apply on any Indian reservation land
                                                                                                        Region 1 Office (please contact the                   or in any other area where EPA or an
                                                backsliding requirements of section                     person identified in the FOR FURTHER
                                                110(l) of the CAA.                                                                                            Indian tribe has demonstrated that a
                                                                                                        INFORMATION CONTACT section of this
                                                                                                                                                              tribe has jurisdiction. In those areas of
                                                III. Final Action                                       preamble for more information).                       Indian country, the rule does not have
                                                   EPA is approving, and incorporating                  V. Statutory and Executive Order                      tribal implications and will not impose
                                                into the New Hampshire SIP, three                       Reviews                                               substantial direct costs on tribal
                                                single source orders that establish                                                                           governments or preempt tribal law as
                                                                                                           Under the Clean Air Act, the                       specified by Executive Order 13175 (65
                                                reasonably available control technology
                                                                                                        Administrator is required to approve a                FR 67249, November 9, 2000).
                                                for the Parker-Hannifin Corporation, the
                                                                                                        SIP submission that complies with the                    The Congressional Review Act, 5
                                                Textile Tapes Corporation, and the
                                                                                                        provisions of the Act and applicable                  U.S.C. 801 et seq., as added by the Small
                                                Watts Regulator Company, and is
                                                                                                        Federal regulations. 42 U.S.C. 7410(k);               Business Regulatory Enforcement
                                                removing previously approved orders
                                                                                                        40 CFR 52.02(a). Thus, in reviewing SIP               Fairness Act of 1996, generally provides
                                                for these three facilities from the New
                                                                                                        submissions, EPA’s role is to approve                 that before a rule may take effect, the
                                                Hampshire SIP.
                                                   The EPA is publishing this action                    state choices, provided that they meet                agency promulgating the rule must
                                                without prior proposal because the                      the criteria of the Clean Air Act.                    submit a rule report, which includes a
                                                Agency views this as a noncontroversial                 Accordingly, this action merely                       copy of the rule, to each House of the
                                                amendment and anticipates no adverse                    approves state law as meeting Federal                 Congress and to the Comptroller General
                                                comments. However, in the proposed                      requirements and does not impose                      of the United States. Section 804,
                                                rules section of this Federal Register                  additional requirements beyond those                  however, exempts from section 801 the
                                                publication, EPA is publishing a                        imposed by state law. For that reason,                following types of rules: Rules of
                                                separate document that will serve as the                this action:                                          particular applicability; rules relating to
                                                proposal to approve the SIP revision                       • Is not a significant regulatory action           agency management or personnel; and
                                                should relevant adverse comments be                     subject to review by the Office of                    rules of agency organization, procedure,
                                                filed. This rule will be effective October              Management and Budget under                           or practice that do not substantially
                                                28, 2016 without further notice unless                  Executive Orders 12866 (58 FR 51735,                  affect the rights or obligations of non-
                                                the Agency receives relevant adverse                    October 4, 1993) and 13563 (76 FR 3821,               agency parties. 5 U.S.C. 804(3). Because
                                                comments by September 28, 2016.                         January 21, 2011);                                    this is a rule of particular applicability,
                                                   If the EPA receives such comments,                      • Does not impose an information                   EPA is not required to submit a rule
                                                then EPA will publish a notice                          collection burden under the provisions                report regarding this action under
                                                withdrawing the final rule and                          of the Paperwork Reduction Act (44                    section 801.
                                                informing the public that the rule will                 U.S.C. 3501 et seq.);                                    Under section 307(b)(1) of the Clean
                                                not take effect. All public comments                       • Is certified as not having a                     Air Act, petitions for judicial review of
                                                received will then be addressed in a                    significant economic impact on a                      this action must be filed in the United
                                                subsequent final rule based on the                      substantial number of small entities                  States Court of Appeals for the
                                                proposed rule. The EPA will not                         under the Regulatory Flexibility Act (5               appropriate circuit by October 28, 2016.
                                                institute a second comment period on                    U.S.C. 601 et seq.);                                  Filing a petition for reconsideration by
jstallworth on DSK7TPTVN1PROD with RULES




                                                the proposed rule. All parties interested                  • Does not contain any unfunded                    the Administrator of this final rule does
                                                in commenting on the proposed rule                      mandate or significantly or uniquely                  not affect the finality of this action for
                                                should do so at this time. If no such                   affect small governments, as described                the purposes of judicial review nor does
                                                comments are received, the public is                    in the Unfunded Mandates Reform Act                   it extend the time within which a
                                                advised that this rule will be effective                of 1995 (Pub. L. 104–4);                              petition for judicial review may be filed,
                                                on October 28, 2016 and no further                         • Does not have Federalism                         and shall not postpone the effectiveness
                                                action will be taken on the proposed                    implications as specified in Executive                of such rule or action. Parties with


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                                                                     Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Rules and Regulations                                                      59141

                                                objections to this direct final rule are                       List of Subjects in 40 CFR Part 52                           Authority: 42 U.S.C. 7401 et seq.
                                                encouraged to file a comment in                                  Environmental protection, Air
                                                response to the parallel notice of                                                                                      Subpart EE—New Hampshire
                                                                                                               pollution control, Incorporation by
                                                proposed rulemaking for this action                            reference, Ozone, Reporting and                          ■ 2. In § 52.1520(d), the table is
                                                published in the proposed rules section                        recordkeeping requirements, Volatile                     amended by removing existing entries
                                                of today’s Federal Register, rather than                       organic compounds.                                       for Parker-Hanifan Corporation, Textile
                                                file an immediate petition for judicial                          Dated: August 15, 2016.                                Tapes Corporation (2 entries), and
                                                review of this direct final rule, so that                      H. Curtis Spalding,                                      Webster Valve, and adding new entries
                                                EPA can withdraw this direct final rule                        Regional Administrator, EPA New England.                 for Parker-Hannifin Corporation, Textile
                                                and address the comment in the                                                                                          Tapes Corporation, and Watts Regulator
                                                                                                                 Part 52 of chapter I, title 40 of the
                                                proposed rulemaking. This action may                                                                                    Company to the end of the table to read
                                                                                                               Code of Federal Regulations is amended
                                                not be challenged later in proceedings to                                                                               as follows:
                                                                                                               as follows:
                                                enforce its requirements. (See section
                                                307(b)(2).)                                                                                                             § 52.1520    Identification of plan.
                                                                                                               PART 52—[AMENDED]
                                                                                                                                                                        *     *     *    *     *
                                                                                                               ■ 1. The authority citation for part 52                    (d) EPA-approved State Source
                                                                                                               continues to read as follows:                            specific requirements.
                                                                                         EPA-APPROVED NEW HAMPSHIRE SOURCE SPECIFIC REQUIREMENTS
                                                                                                                                                                                                       Additional
                                                                                                                                            State effective
                                                                         Name of source                                    Permit No.                                 EPA approval date 2            explanations/
                                                                                                                                                 date                                              § 52.1535 citation


                                                        *                     *                                 *                       *                       *                     *                  *
                                                Parker-Hannifin Corporation ..........................................    ARD 03–001A           10/22/2014     8/29/2016 [Insert Federal        VOC RACT Order.
                                                                                                                                                                  Register citation].
                                                Textile Tapes Corporation .............................................   ARD–96–001              7/30/2015    8/29/2016 [Insert Federal        VOC RACT Order.
                                                                                                                                                                  Register citation].
                                                Watts Regulator Company .............................................     ARD 07–001              8/21/2015    8/29/2016 [Insert Federal        VOC RACT Order.
                                                                                                                                                                  Register citation].
                                                         *                     *                 *                     *                       *                   *                    *
                                                    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 col-
                                                umn for the particular provision.


                                                *       *       *       *       *                                The Commission is also lowering fees                   current user fees no longer represent the
                                                [FR Doc. 2016–20538 Filed 8–26–16; 8:45 am]                    for: Reviewing Freedom of Information                    Commission’s actual costs for providing
                                                BILLING CODE 6560–50–P                                         Act (FOIA) requests; revising clerical                   services. The Commission is adjusting
                                                                                                               errors on service contracts; revising                    its user fees based on fiscal year 2015
                                                                                                               clerical errors on non-vessel-operating                  costs assessed through a new
                                                FEDERAL MARITIME COMMISSION                                    common carrier (NVOCC) service                           methodology for calculating costs for
                                                                                                               arrangements; and Commission services                    services provided by the Commission.
                                                46 CFR Parts 502, 503, 515, 520, 530,                          to passenger vessel operators (PVOs).                       The Independent Offices
                                                531, 535, 540, 550, 555, and 560                                 In addition, the Commission is                         Appropriation Act of 1952 (IOAA), 31
                                                                                                               repealing four existing fees for: Adding                 U.S.C. 9701, authorizes agencies to
                                                [Docket No. 16–06]                                             interested parties to a specific docket                  establish charges (user fees) for services
                                                                                                               mailing list; the Regulated Persons                      and benefits that it provides to specific
                                                RIN 3072–AC34
                                                                                                               Index database; database reports on                      recipients. Under the IOAA, charges
                                                Update of Existing and Addition of                             Effective Carrier Agreements; and filing                 must be fair and based on the costs to
                                                New User Fees                                                  petitions for rulemaking, and adding a                   the Government, the value of the service
                                                                                                               new fee for requests for expedited                       or thing to the recipient, the public
                                                AGENCY:      Federal Maritime Commission.                      review of an agreement filing.                           policy or interest served, and other
                                                ACTION:     Final rule.                                        DATES: Effective October 1, 2016.                        relevant facts. The IOAA also provides
                                                                                                               FOR FURTHER INFORMATION CONTACT:                         that regulations implementing user fees
                                                SUMMARY:    The Federal Maritime                               Karen V. Gregory, Secretary, Federal                     are subject to policies prescribed by the
                                                Commission (Commission) is amending                            Maritime Commission, 800 North                           President, which are currently set forth
                                                its user fees to more accurately align                         Capitol Street NW., Washington, DC                       in OMB Circular A–25, User Charges
                                                fees with the costs associated with each                       20573–0001. Phone: (202) 523–5725.                       (revised July 8, 1993).
                                                service provided by the Commission.                            Email: secretary@fmc.gov.                                   OMB Circular A–25 requires agencies
                                                Specifically, the Commission is                                                                                         to conduct a periodic reassessment of
                                                                                                               SUPPLEMENTARY INFORMATION: The
                                                increasing fees for: Filing complaints                                                                                  costs and, if necessary, adjust or
                                                                                                               Commission’s current user fees are
jstallworth on DSK7TPTVN1PROD with RULES




                                                and certain petitions; records searches,                                                                                establish new fees. Under OMB Circular
                                                                                                               based on an assessment of fiscal year
                                                document copying, and admissions to                                                                                     A–25, fees should be established for
                                                                                                               2004 costs and have not been updated
                                                practice; paper filing of ocean                                                                                         Government-provided services that
                                                                                                               since 2005.1 Consequently, many of the
                                                transportation intermediary (OTI)                                                                                       confer benefits on identifiable recipients
                                                applications; filing applications for                            1 The Commission established the fee for filing or     over and above those benefits received
                                                special permission; and filing                                 updating OTI license applications electronically in      by the general public. OMB Circular A–
                                                agreements.                                                    2007.                                                    25 also provides that agencies should


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Document Created: 2016-08-26 23:50:26
Document Modified: 2016-08-26 23:50:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule will be effective October 28, 2016, unless EPA receives adverse comments by September 28, 2016. 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.
ContactBob 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; [email protected]
FR Citation81 FR 59139 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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