81 FR 78052 - Air Plan Approval; NH; Rules for Reducing Particulate Emissions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 215 (November 7, 2016)
Federal Register Volume 81, Issue 215 (November 7, 2016)
| Page Range | 78052-78054 | |
| FR Document | 2016-26598 |
[Federal Register Volume 81, Number 215 (Monday, November 7, 2016)] [Rules and Regulations] [Pages 78052-78054] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26598] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2016-0285; FRL-9953-83-Region 1] Air Plan Approval; NH; Rules for Reducing Particulate Emissions AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving 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 approving 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: This rule is effective on December 7, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2016-0285. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available at http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Environmental Scientist, 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. Final Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. Background and Purpose On August 22, 2016 (81 FR 56556), EPA published a Notice of Proposed Rulemaking (NPR) for the State of New Hampshire. The NPR proposed approval of State Implementation Plan (SIP) revisions submitted by the State of New Hampshire on March 31, 2011 and July 23, 2013. The NPR also proposed approval of a part of a SIP revision submitted by the state on March 12, 2003. The March 2011 submittal 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)). The July 2013 submittal [[Page 78053]] 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. Therefore, the NPR also proposed to approve Env-A 807, which was part of a SIP revision submitted by New Hampshire on March 12, 2003. 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 SSM SIP Call proposal in February 2013 (78 FR 12460), a federal court ruled that the Clean Air Act precludes authority of the EPA to create affirmative defense provisions. On April 13, 2016, New Hampshire Department of Environmental Services (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). Therefore, EPA is approving all of the SIP revisions without the withdrawn portions. Rationale for EPA's proposed action are explained in the NPR and will not be restated here. No public comments were received on the NPR. II. Final Action EPA is approving, and incorporating 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 approval action and are contained in state law only in Env-A 2103.03 and 2405. EPA is also approving and incorporating into the New Hampshire's SIP, New Hampshire's Env-A 807 (``Testing for Opacity of Emissions''), effective October 31, 2002. III. 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 the New Hampshire Code of Administrative Rules described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available through http://www.regulations.gov. IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by January 6, 2017. 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. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) [[Page 78054]] 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: September 27, 2016. Michael Kenyon, Acting Regional Administrator, EPA New England. Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 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, the table in paragraph (c) is amended by adding five entries for state citation ``Env-A 807'', ``Env-A 2100'', ``Env-A 2400'', ``Env-A 2700'', and ``Env-A 2800'' in alphanumeric order to read as follows: Sec. 52.1520 Identification of plan. * * * * * (c) * * * EPA-Approved New Hampshire Regulations ---------------------------------------------------------------------------------------------------------------- EPA approval State citation Title/subject State effective date date \1\ Explanations ---------------------------------------------------------------------------------------------------------------- * * * * * * * Env-A 807................... Testing and October 31, 2002........... November 7, 2016 Approve Part Env- Monitoring [Insert Federal A 807 ``Testing Procedures. Register for Opacity of citation]. Emissions.'' * * * * * * * Env-A 2100.................. Particulate April 23, 2013............. November 7, 2016 Approve Chapter Matter and [Insert Federal Env-A 2100, Visible Register except Part Env- Emissions citation]. A 2103.03 Standards. ``Affirmative Defense to Penalty Action,'' which NH DES did not submit for approval. * * * * * * * Env-A 2400.................. Ferrous and Non- April 23, 2013............. November 7, 2016 Approve Chapter Ferrous [Insert Federal Env-A 2400, Foundries, Register except PART Env- Smelters, and citation]. A 2405 Investment ``Affirmative Casting Defenses for Operations. Violations of Visible Emission Standards,'' which NH DES did not submit for approval. Env-A 2700.................. Hot Mix Asphalt February 16, 2013.......... November 7, 2016 ................ Plants. [Insert Federal Register citation]. * * * * * * * Env-A 2800.................. Sand and Gravel October 1, 2010............ November 7, 2016 ................ Sources; Non- [Insert Federal Metallic Mineral Register Processing citation]. Plants; Cement and Concrete Sources. * * * * * * * ---------------------------------------------------------------------------------------------------------------- \1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. * * * * * [FR Doc. 2016-26598 Filed 11-4-16; 8:45 am] BILLING CODE 6560-50-P
![78052 Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Rules and Regulations
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Maryland
Administrative State effective Additional explanation/
Title/subject EPA approval date
Regulations (COMAR) date citation at 40 CFR 52.1100
citation
* * * * * * *
26.11.01 General Administrative Provisions
26.11.01.01 ............... Definitions ................................... 5/17/2010 11/7/2016 [Insert Federal Reg- New definition for COMs and
ister citation]. clarify definition for CEMs.
* * * * * * *
26.11.01.05 ............... Records and Information ............ 5/17/2010 11/7/2016 [Insert Federal Reg- (c)(172) Administrative changes
ister citation]. to reporting and record-
keeping requirements.
* * * * * * *
26.11.01.10 ............... Continuous Opacity Monitoring .. 8/22/2010 11/7/2016 [Insert Federal Reg- (c)(106) Requirement to use TM
ister citation]. 90–01 is removed. Excep-
tions: A(4), B(4), D(2)(c), and
F.
26.11.01.11 ............... Continuous Emissions Moni- 8/22/2010 11/7/2016 [Insert Federal Reg-
toring. ister citation].
* * * * * * *
26.11.31 .................... Quality Assurance Requirements 6/13/2011 11/7/2016 [Insert Federal Reg-
for Opacity Monitors (COMs). ister citation].
* * * * * * *
* * * * * This action is being taken under the 02), U.S. Environmental Protection
[FR Doc. 2016–26866 Filed 11–4–16; 8:45 am] Clean Air Act. Agency, Region 1, 5 Post Office Square,
BILLING CODE 6560–50–P DATES: This rule is effective on Suite 100, Boston, Massachusetts,
December 7, 2016. 02109–3912; (617) 918–1684;
ADDRESSES: EPA has established a simcox.alison@epa.gov.
ENVIRONMENTAL PROTECTION docket for this action under Docket SUPPLEMENTARY INFORMATION:
AGENCY Identification No. EPA–R01–OAR– Throughout this document whenever
40 CFR Part 52 2016–0285. All documents in the docket ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
are listed on the http:// EPA.
[EPA–R01–OAR–2016–0285; FRL–9953–83- www.regulations.gov Web site. Although Organization of this document. The
Region 1] listed in the index, some information is following outline is provided to aid in
not publicly available, i.e., CBI or other locating information in this preamble.
Air Plan Approval; NH; Rules for information whose disclosure is
Reducing Particulate Emissions I. Background and Purpose
restricted by statute. Certain other II. Final Action
AGENCY: Environmental Protection material, such as copyrighted material, III. Incorporation by Reference
Agency (EPA). is not placed on the Internet and will be IV. Statutory and Executive Order Reviews
ACTION: Final rule.
publicly available only in hard copy
form. Publicly available docket I. Background and Purpose
SUMMARY: The Environmental Protection materials are available at http:// On August 22, 2016 (81 FR 56556),
Agency (EPA) is approving State www.regulations.gov or at the U.S. EPA published a Notice of Proposed
Implementation Plan (SIP) revisions Environmental Protection Agency, EPA Rulemaking (NPR) for the State of New
submitted by the State of New New England Regional Office, Office of Hampshire.
Hampshire on March 31, 2011 and on Ecosystem Protection, Air Quality The NPR proposed approval of State
July 23, 2013. These SIP revisions Planning Unit, 5 Post Office Square— Implementation Plan (SIP) revisions
establish particulate matter (PM) and Suite 100, Boston, MA. EPA requests submitted by the State of New
visible emissions (VE) standards for the that if at all possible, you contact the Hampshire on March 31, 2011 and July
following sources: foundries, smelters, contact listed in the FOR FURTHER 23, 2013. The NPR also proposed
and investment casting operations; hot INFORMATION CONTACT section to approval of a part of a SIP revision
mix asphalt plants; and sand and gravel schedule your inspection. The Regional submitted by the state on March 12,
sources, non-metallic mineral Office’s official hours of business are 2003. The March 2011 submittal
ehiers on DSK5VPTVN1PROD with RULES
processing plants, and cement and Monday through Friday, 8:30 a.m. to included a regulation entitled ‘‘Sand
concrete sources. In addition, EPA is 4:30 p.m., excluding legal holidays. and Gravel Sources; Non-Metallic
approving a part of a SIP revision FOR FURTHER INFORMATION CONTACT: Mineral Processing Plants; Cement and
submitted by New Hampshire on March Alison C. Simcox, Environmental Concrete Sources’’ (New Hampshire
12, 2003 that establishes procedures for Scientist, Air Quality Planning Unit, Air Code of Administrative Rules Chapter
testing opacity of emissions (i.e., VE). Programs Branch (Mail Code OEP05– (Env-A 2800)). The July 2013 submittal
VerDate Sep<11>2014 11:32 Nov 04, 2016 Jkt 241001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\07NOR1.SGM 07NOR1](https://thefederalregister.org/doc/81_FR_78267/page/1.svg)
![78054 Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Rules and Regulations
List of Subjects in 40 CFR Part 52 Dated: September 27, 2016. Authority: 42 U.S.C. 7401 et seq.
Michael Kenyon,
Environmental protection, Air Acting Regional Administrator, EPA New Subpart EE—New Hampshire
pollution control, Carbon monoxide, England.
Incorporation by reference, ■ 2. In § 52.1520, the table in paragraph
Part 52 of chapter I, title 40 of the (c) is amended by adding five entries for
Intergovernmental relations, Lead,
Code of Federal Regulations is amended state citation ‘‘Env-A 807’’, ‘‘Env-A
Nitrogen dioxide, Ozone, Particulate
as follows: 2100’’, ‘‘Env-A 2400’’, ‘‘Env-A 2700’’,
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile PART 52—APPROVAL AND and ‘‘Env-A 2800’’ in alphanumeric
organic compounds. PROMULGATION OF order to read as follows:
IMPLEMENTATION PLANS § 52.1520 Identification of plan.
■ 1. The authority citation for part 52 * * * * *
continues to read as follows: (c) * * *
EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State citation Title/subject State effective date EPA approval date 1 Explanations
* * * * * * *
Env-A 807 .................. Testing and Monitoring Proce- October 31, 2002 ...... November 7, 2016 [Insert Approve Part Env-A 807
dures. Federal Register citation]. ‘‘Testing for Opacity of
Emissions.’’
* * * * * * *
Env-A 2100 ................ Particulate Matter and Visible April 23, 2013 ............ November 7, 2016 [Insert Approve Chapter Env-A 2100,
Emissions Standards. Federal Register citation]. except Part Env-A 2103.03
‘‘Affirmative Defense to
Penalty Action,’’ which NH
DES did not submit for ap-
proval.
* * * * * * *
Env-A 2400 ................ Ferrous and Non-Ferrous April 23, 2013 ............ November 7, 2016 [Insert Approve Chapter Env-A 2400,
Foundries, Smelters, and Federal Register citation]. except PART Env-A 2405
Investment Casting Oper- ‘‘Affirmative Defenses for
ations. Violations of Visible Emis-
sion Standards,’’ which NH
DES did not submit for ap-
proval.
Env-A 2700 ................ Hot Mix Asphalt Plants ........... February 16, 2013 ..... November 7, 2016 [Insert
Federal Register citation].
* * * * * * *
Env-A 2800 ................ Sand and Gravel Sources; October 1, 2010 ........ November 7, 2016 [Insert
Non-Metallic Mineral Proc- Federal Register citation].
essing Plants; Cement and
Concrete Sources.
* * * * * * *
1 In
order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
umn for the particular provision.
* * * * * DEPARTMENT OF HOMELAND SUMMARY: This rule identifies
[FR Doc. 2016–26598 Filed 11–4–16; 8:45 am] SECURITY communities where the sale of flood
BILLING CODE 6560–50–P insurance has been authorized under
Federal Emergency Management the National Flood Insurance Program
Agency (NFIP) that are scheduled for
suspension on the effective dates listed
44 CFR Part 64 within this rule because of
noncompliance with the floodplain
[Docket ID FEMA–2016–0002; Internal management requirements of the
Agency Docket No. FEMA–8455] program. If the Federal Emergency
Management Agency (FEMA) receives
ehiers on DSK5VPTVN1PROD with RULES
Suspension of Community Eligibility documentation that the community has
adopted the required floodplain
AGENCY:Federal Emergency management measures prior to the
Management Agency, DHS. effective suspension date given in this
ACTION: Final rule. rule, the suspension will not occur and
a notice of this will be provided by
VerDate Sep<11>2014 11:32 Nov 04, 2016 Jkt 241001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\07NOR1.SGM 07NOR1](https://thefederalregister.org/doc/81_FR_78267/page/3.svg)
Document Created: 2018-02-14 08:21:32
Document Modified: 2018-02-14 08:21:32
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on December 7, 2016. | |
| Contact | Alison C. Simcox, Environmental Scientist, 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 78052 |
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