82 FR 52664 - Air Plan Approval; NH; Approval of Recordkeeping and Reporting Requirements and Single Source Order

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 218 (November 14, 2017)

Page Range		52664-52667
FR Document		2017-24540

The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of New Hampshire. The revisions establish recordkeeping and reporting obligations for sources of air pollution. Additionally, we are approving an order limiting emissions of volatile organic compounds from a facility in the State. This action is being taken in accordance with the Clean Air Act.

Federal Register, Volume 82 Issue 218 (Tuesday, November 14, 2017)

[Federal Register Volume 82, Number 218 (Tuesday, November 14, 2017)]
[Rules and Regulations]
[Pages 52664-52667]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-24540]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0266; FRL-9970-64-Region 1]

Air Plan Approval; NH; Approval of Recordkeeping and Reporting
Requirements and Single Source Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of New
Hampshire. The revisions establish recordkeeping and reporting
obligations for sources of air pollution. Additionally, we are
approving an order limiting emissions of volatile organic compounds
from a facility in the State. This action is being taken in accordance
with the Clean Air Act.

DATES: This direct final rule is effective January 16, 2018, unless EPA
receives adverse comments by December 14, 2017. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2017-0266 at https://www.regulations.gov, or via email to
mcconnell.robert@epa.gov. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the Web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Bob McConnell, Environmental Engineer,
Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02),
U.S. Environmental Protection Agency, Region 1, 5 Post Office Square,
Suite 100, Boston, Massachusetts 02109-3912; (617) 918-1046;
mcconnell.robert@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Description and Evaluation of State's Submittals
a. Env-A 900: Owner or Operator Recordkeeping and Reporting
Obligations
b. VOC Order for Sturm Ruger & Company
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

On February 10, 2017, NH DES submitted a single source order
limiting emissions of volatile organic compounds (VOCs) from Sturm
Ruger & Company as a SIP revision request. On May 11, 2017, NH DES
submitted a state regulation identified as Env-A 900, Owner or Operator
Recordkeeping and Reporting Obligations, as a SIP revision request. A
description of these submittals and our evaluation of them appears
below in Section II of this preamble. Please note that if EPA receives
adverse comment on an amendment, paragraph, or section of these rules
or on the VOC Order, and if that provision may be severed from the
remainder of the rule or Order, EPA may adopt as final those provisions
of the rule or Order that are not the subject of an adverse comment.

II. Description and Evaluation of State's Submittals

a. Env-A 900: Owner or Operator Recordkeeping and Reporting
Obligations.

On May 11, 2017, NH DES submitted a state regulation identified as
Env-A 900, Owner or Operator Recordkeeping and Reporting Obligations,
as a SIP revision request. New Hampshire provided additional material
supporting this request to EPA by letter dated September 14, 2017. EPA
previously approved a prior version of Env-A 900 within a direct final
rule published on November 5, 2012. 77 FR 66388. Since

[[Page 52665]]

then, the following changes have been made to Env-A 900.
New Hampshire amended Env-A 907.01 by including specific language
outlining the types of general information that should be reported,
such as facility name, physical location, mailing address, and
operating time covered by the report. The State also added a
requirement that the source indicate whether the report is a revision
to a previously submitted report.
New Hampshire revised sections Env-A 907.02 and .03 in a number of
ways affecting non-SIP pollutants, such as hazardous air pollutants and
carbon dioxide, and so only portions of the revisions are being
incorporated into the New Hampshire SIP. New Hampshire clarified which
portions of Env-A 900 are to be made part of the SIP within their
September 14, 2017 correspondence to EPA. Of relevance to criteria
pollutant reporting which is subject to SIP approval, within revised
Env-A 907.02, the State clarified the definition of ``emissions unit,''
and also provided clarification of which sources are subject to the
annual reporting requirement, and which sources are exempt. The State
also specifies which pollutant emissions must be reported, and lists
what information must be reported. The provisions of revised Env-A
907.03 now address annual compliance certifications for Title V
permittees, which is not required to be part of the SIP and was
therefore withdrawn by New Hampshire's September 14, 2017 letter
mentioned above.
New Hampshire made a minor revision to Env-A 907.04 which
identifies recordkeeping requirements for unclassifiable processes, and
made a minor change to the form required for reporting by certain
coating and printing facilities.
We have reviewed New Hampshire's changes to Env-A 900, Owner or
Operator Recordkeeping and Reporting Obligations, and determined that
they are acceptable. Additionally, the updated rule meets the anti-
backsliding requirements of section 110(l) of the CAA in that it will
not interfere with any applicable requirement concerning attainment and
reasonable further progress, or with any other applicable requirement
of the CAA. The regulation we are approving is not less stringent that
the version of the rule we previously approved. Therefore, we are
approving the updated Env-A 900 regulation, with the exception of the
portions that were withdrawn, into the New Hampshire SIP.

b. VOC Order for Sturm Ruger & Company

On February 10, 2017, New Hampshire submitted a revised order
establishing reasonably available control technology (RACT) for control
of VOCs for Sturm Ruger & Company located in Newport, NH. EPA most
recently approved a previous version of RACT for this facility on
August 21, 2014. 79 FR 49458. Subsequently, the company added 13
dewaxing pre-heat kilns, the exhaust from which is controlled by
afterburners that achieve a minimum of 99% destruction of VOCs. The
revised order provides operational requirements for the afterburners,
including a required minimum operating temperature, a calibration
schedule for the thermocouple and temperature controller on the
afterburners, and recordkeeping requirements.
Other changes made to the order reflect recent changes made to New
Hampshire's VOC regulations. For example, the emission rate for
rustproofing operations provided in section 3.b of the order was
lowered from 3.5 to 2.8 lbs VOC/gallon of coating in accordance with
Env-A 1212.04(a). Additionally, the limits for camouflage coatings in
section 3.d of the order were also lowered. Our review of the updated
order indicates that the proposed changes are acceptable. Additionally,
the updated order meets the requirements of section 110(l) of the CAA
in that it will not interfere with any applicable requirement
concerning attainment and reasonable further progress, or with any
other applicable requirement of the CAA. Therefore, we are approving
the updated order into the New Hampshire SIP.

III. Final Action

EPA is approving portions of New Hampshire's revised regulation
Env-A 900, Owner or Operator Recordkeeping and Reporting Obligations,
and RACT Order ARD-03-001 issued to Sturm Ruger & Company, as revisions
to the New Hampshire SIP.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective January
16, 2018 without further notice unless the Agency receives relevant
adverse comments by December 14, 2017.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on January 16, 2018 and no further action will
be taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.

IV. Incorporation by Reference

In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference portions of
New Hampshire regulation Env-A 900, Owner or Operator Recordkeeping and
Reporting Obligations, and RACT Order ARD-03-001, which are described
in the amendments to 40 CFR part 52 set forth below. The EPA has made,
and will continue to make, these materials generally available through
www.regulations.gov, and/or at the EPA Region 1 Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion
in the State implementation plan, have been incorporated by reference
by EPA into that plan, are fully Federally enforceable under sections
110 and 113 of the CAA as of the effective date of the final rulemaking
of EPA's approval, and will be incorporated by reference by the
Director of the Federal Register in the next update to the SIP
compilation.

V. Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely

[[Page 52666]]

approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 16, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

Dated: October 26, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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:
0
a. In paragraph (c), amend the table by revising the entry ``Env-A
900'': And
0
b. In paragraph (d), amend the table by:
0
i. Removing two entries ``Sturm, Ruger & Company, ARD-03-001'' and
``Sturm, Ruger & Company, Order No. ARD-03-001''; and
0
ii. Adding an entry to the end of the table entitled ``Sturm Ruger &
Company''.
The revision and addition read as follows:

Sec. 52.1520 Identification of plan.

* * * * *
(c) * * *

EPA-Approved New Hampshire Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanations
date \1\
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Env-A 900........................ Owner or Operator 7/18/2015 11/14/2017,[Insert The following
Obligations. Federal Register sections withdrawn
citation]. by state and not
part of approved
SIP: Env-A
907.01(d) and (e);
907.02(a)(1),
(d)(1) a. and c.,
(2), and (e);
907.03; 911.04(b)
and (c); 911.05.

* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.

[[Page 52667]]

(d) EPA-approved State Source specific requirements.

EPA-Approved New Hampshire Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
State Additional
Name of source Permit No. effective EPA approval date explanations/Sec.
date \2\ 52.1535 citation
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Sturm Ruger & Company............ ARD-03-001......... 2/2/2017 11/14/17, [Insert VOC RACT Order.
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. 2017-24540 Filed 11-13-17; 8:45 am]
BILLING CODE 6560-50-P

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

EPA-APPROVED RHODE ISLAND REGULATIONS—Continued
State effective
State citation Title/subject EPA approval date Explanations
date

* * * * * * *

* * * * * (e) * * *

RHODE ISLAND NON REGULATORY
State submittal
Name of non regulatory Applicable geographic date/effective EPA approved date Explanations
SIP provision or nonattainment area date

* * * * * * *
I/M SIP Narrative ........... Statewide ..................... Submitted 2/ 11/14/2017, [insert Narrative describing how the Rhode Island I/M
17/2017. Federal Register ci- program meets the requirements in the fed-
tation]. eral I/M rule.

[FR Doc. 2017–24541 Filed 11–13–17; 8:45 am] comments cannot be edited or removed a. Env-A 900: Owner or Operator
BILLING CODE 6560–50–P from Regulations.gov. For either manner Recordkeeping and Reporting
of submission, the EPA may publish any Obligations
comment received to its public docket. b. VOC Order for Sturm Ruger & Company
III. Final Action
ENVIRONMENTAL PROTECTION Do not submit electronically any IV. Incorporation by Reference
AGENCY information you consider to be V. Statutory and Executive Order Reviews
Confidential Business Information (CBI)
40 CFR Part 52 or other information whose disclosure is I. Background and Purpose
[EPA–R01–OAR–2017–0266; FRL–9970–64– restricted by statute. Multimedia On February 10, 2017, NH DES
Region 1] submissions (audio, video, etc.) must be submitted a single source order limiting
accompanied by a written comment. emissions of volatile organic
Air Plan Approval; NH; Approval of The written comment is considered the compounds (VOCs) from Sturm Ruger &
Recordkeeping and Reporting official comment and should include Company as a SIP revision request. On
Requirements and Single Source Order discussion of all points you wish to May 11, 2017, NH DES submitted a state
AGENCY: Environmental Protection make. The EPA will generally not regulation identified as Env-A 900,
Agency (EPA). consider comments or comment Owner or Operator Recordkeeping and
contents located outside of the primary Reporting Obligations, as a SIP revision
ACTION: Direct final rule.
submission (i.e., on the Web, cloud, or request. A description of these
SUMMARY: The Environmental Protection other file sharing system). For submittals and our evaluation of them
Agency (EPA) is approving State additional submission methods, please appears below in Section II of this
Implementation Plan (SIP) revisions contact the person identified in the FOR preamble. Please note that if EPA
submitted by the State of New FURTHER INFORMATION CONTACT section. receives adverse comment on an
Hampshire. The revisions establish For the full EPA public comment policy, amendment, paragraph, or section of
recordkeeping and reporting obligations information about CBI or multimedia these rules or on the VOC Order, and if
for sources of air pollution. submissions, and general guidance on that provision may be severed from the
Additionally, we are approving an order making effective comments, please visit remainder of the rule or Order, EPA may
limiting emissions of volatile organic https://www.epa.gov/dockets/ adopt as final those provisions of the
compounds from a facility in the State. commenting-epa-dockets. rule or Order that are not the subject of
This action is being taken in accordance FOR FURTHER INFORMATION CONTACT: Bob an adverse comment.
with the Clean Air Act. McConnell, Environmental Engineer, II. Description and Evaluation of State’s
DATES: This direct final rule is effective Air Quality Planning Unit, Air Programs Submittals
January 16, 2018, unless EPA receives Branch (Mail Code OEP05–02), U.S.
adverse comments by December 14, Environmental Protection Agency, a. Env-A 900: Owner or Operator
2017. If adverse comments are received, Region 1, 5 Post Office Square, Suite Recordkeeping and Reporting
EPA will publish a timely withdrawal of 100, Boston, Massachusetts 02109–3912; Obligations.
the direct final rule in the Federal (617) 918–1046; mcconnell.robert@ On May 11, 2017, NH DES submitted
Register informing the public that the epa.gov. a state regulation identified as Env-A
rule will not take effect. SUPPLEMENTARY INFORMATION: 900, Owner or Operator Recordkeeping
ADDRESSES: Submit your comments, Throughout this document whenever and Reporting Obligations, as a SIP
jstallworth on DSKBBY8HB2PROD with RULES

identified by Docket ID No. EPA–R01– ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean revision request. New Hampshire
OAR–2017–0266 at https:// EPA. provided additional material supporting
www.regulations.gov, or via email to this request to EPA by letter dated
mcconnell.robert@epa.gov. For Table of Contents September 14, 2017. EPA previously
comments submitted at Regulations.gov, I. Background and Purpose approved a prior version of Env-A 900
follow the online instructions for II. Description and Evaluation of State’s within a direct final rule published on
submitting comments. Once submitted, Submittals November 5, 2012. 77 FR 66388. Since

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then, the following changes have been b. VOC Order for Sturm Ruger & If the EPA receives such comments,
made to Env-A 900. Company then EPA will publish a notice
New Hampshire amended Env-A withdrawing the final rule and
On February 10, 2017, New informing the public that the rule will
907.01 by including specific language Hampshire submitted a revised order
outlining the types of general not take effect. All public comments
establishing reasonably available control received will then be addressed in a
information that should be reported, technology (RACT) for control of VOCs
such as facility name, physical location, subsequent final rule based on the
for Sturm Ruger & Company located in proposed rule. The EPA will not
mailing address, and operating time Newport, NH. EPA most recently
covered by the report. The State also institute a second comment period on
approved a previous version of RACT the proposed rule. All parties interested
added a requirement that the source for this facility on August 21, 2014. 79
indicate whether the report is a revision in commenting on the proposed rule
FR 49458. Subsequently, the company should do so at this time. If no such
to a previously submitted report. added 13 dewaxing pre-heat kilns, the comments are received, the public is
New Hampshire revised sections Env- exhaust from which is controlled by advised that this rule will be effective
A 907.02 and .03 in a number of ways afterburners that achieve a minimum of on January 16, 2018 and no further
affecting non-SIP pollutants, such as 99% destruction of VOCs. The revised action will be taken on the proposed
hazardous air pollutants and carbon order provides operational requirements rule. Please note that if EPA receives
dioxide, and so only portions of the for the afterburners, including a adverse comment on an amendment,
revisions are being incorporated into the required minimum operating paragraph, or section of this rule and if
New Hampshire SIP. New Hampshire temperature, a calibration schedule for that provision may be severed from the
clarified which portions of Env-A 900 the thermocouple and temperature remainder of the rule, EPA may adopt
are to be made part of the SIP within controller on the afterburners, and as final those provisions of the rule that
their September 14, 2017 recordkeeping requirements. are not the subject of an adverse
correspondence to EPA. Of relevance to Other changes made to the order comment.
criteria pollutant reporting which is reflect recent changes made to New
subject to SIP approval, within revised IV. Incorporation by Reference
Hampshire’s VOC regulations. For
Env-A 907.02, the State clarified the example, the emission rate for In this rule, the EPA is finalizing
definition of ‘‘emissions unit,’’ and also rustproofing operations provided in regulatory text that includes
provided clarification of which sources section 3.b of the order was lowered incorporation by reference. In
are subject to the annual reporting from 3.5 to 2.8 lbs VOC/gallon of accordance with requirements of 1 CFR
requirement, and which sources are coating in accordance with Env-A 51.5, the EPA is finalizing the
exempt. The State also specifies which 1212.04(a). Additionally, the limits for incorporation by reference portions of
pollutant emissions must be reported, camouflage coatings in section 3.d of the New Hampshire regulation Env-A 900,
and lists what information must be order were also lowered. Our review of Owner or Operator Recordkeeping and
reported. The provisions of revised Env- the updated order indicates that the Reporting Obligations, and RACT Order
A 907.03 now address annual proposed changes are acceptable. ARD–03–001, which are described in
compliance certifications for Title V Additionally, the updated order meets the amendments to 40 CFR part 52 set
permittees, which is not required to be the requirements of section 110(l) of the forth below. The EPA has made, and
part of the SIP and was therefore CAA in that it will not interfere with will continue to make, these materials
withdrawn by New Hampshire’s any applicable requirement concerning generally available through
September 14, 2017 letter mentioned attainment and reasonable further www.regulations.gov, and/or at the EPA
above. progress, or with any other applicable Region 1 Office (please contact the
New Hampshire made a minor requirement of the CAA. Therefore, we person identified in the FOR FURTHER
are approving the updated order into the INFORMATION CONTACT section of this
revision to Env-A 907.04 which
identifies recordkeeping requirements New Hampshire SIP. preamble for more information).
Therefore, these materials have been
for unclassifiable processes, and made a
III. Final Action approved by EPA for inclusion in the
minor change to the form required for
State implementation plan, have been
reporting by certain coating and printing EPA is approving portions of New incorporated by reference by EPA into
facilities. Hampshire’s revised regulation Env-A that plan, are fully Federally enforceable
We have reviewed New Hampshire’s 900, Owner or Operator Recordkeeping under sections 110 and 113 of the CAA
changes to Env-A 900, Owner or and Reporting Obligations, and RACT as of the effective date of the final
Operator Recordkeeping and Reporting Order ARD–03–001 issued to Sturm rulemaking of EPA’s approval, and will
Obligations, and determined that they Ruger & Company, as revisions to the be incorporated by reference by the
are acceptable. Additionally, the New Hampshire SIP. Director of the Federal Register in the
updated rule meets the anti-backsliding The EPA is publishing this action next update to the SIP compilation.
requirements of section 110(l) of the without prior proposal because the
CAA in that it will not interfere with Agency views this as a noncontroversial V. Statutory and Executive Order
any applicable requirement concerning amendment and anticipates no adverse Reviews
attainment and reasonable further comments. However, in the proposed Under the Clean Air Act, the
progress, or with any other applicable rules section of this Federal Register Administrator is required to approve a
requirement of the CAA. The regulation publication, EPA is publishing a SIP submission that complies with the
jstallworth on DSKBBY8HB2PROD with RULES

we are approving is not less stringent separate document that will serve as the provisions of the Act and applicable
that the version of the rule we proposal to approve the SIP revision Federal regulations. 42 U.S.C. 7410(k);
previously approved. Therefore, we are should relevant adverse comments be 40 CFR 52.02(a). Thus, in reviewing SIP
approving the updated Env-A 900 filed. This rule will be effective January submissions, EPA’s role is to approve
regulation, with the exception of the 16, 2018 without further notice unless state choices, provided that they meet
portions that were withdrawn, into the the Agency receives relevant adverse the criteria of the Clean Air Act.
New Hampshire SIP. comments by December 14, 2017. Accordingly, this action merely

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

approves state law as meeting Federal or in any other area where EPA or an and address the comment in the
requirements and does not impose Indian tribe has demonstrated that a proposed rulemaking. This action may
additional requirements beyond those tribe has jurisdiction. In those areas of not be challenged later in proceedings to
imposed by state law. For that reason, Indian country, the rule does not have enforce its requirements. (See section
this action: tribal implications and will not impose 307(b)(2).)
• Is not a significant regulatory action substantial direct costs on tribal
subject to review by the Office of List of Subjects in 40 CFR Part 52
governments or preempt tribal law as
Management and Budget under specified by Executive Order 13175 (65 Environmental protection, Air
Executive Orders 12866 (58 FR 51735, FR 67249, November 9, 2000). pollution control, Carbon monoxide,
October 4, 1993) and 13563 (76 FR 3821, The Congressional Review Act, 5 Incorporation by reference, Lead,
January 21, 2011); U.S.C. 801 et seq., as added by the Small Nitrogen dioxide, Ozone, Particulate
• Does not impose an information Business Regulatory Enforcement matter, Reporting and recordkeeping
collection burden under the provisions Fairness Act of 1996, generally provides requirements, Sulfur oxides, Volatile
of the Paperwork Reduction Act (44 that before a rule may take effect, the organic compounds.
U.S.C. 3501 et seq.); agency promulgating the rule must
• Is certified as not having a Dated: October 26, 2017.
submit a rule report, which includes a
significant economic impact on a Deborah A. Szaro,
copy of the rule, to each House of the
substantial number of small entities Acting Regional Administrator, EPA New
Congress and to the Comptroller General
under the Regulatory Flexibility Act (5 England.
of the United States. EPA will submit a
U.S.C. 601 et seq.); report containing this action and other Part 52 of chapter I, title 40 of the
• Does not contain any unfunded required information to the U.S. Senate, Code of Federal Regulations is amended
mandate or significantly or uniquely the U.S. House of Representatives, and as follows:
affect small governments, as described the Comptroller General of the United
in the Unfunded Mandates Reform Act PART 52—APPROVAL AND
States prior to publication of the rule in
of 1995 (Pub. L. 104–4); PROMULGATION OF
the Federal Register. A major rule
• Does not have Federalism IMPLEMENTATION PLANS
implications as specified in Executive cannot take effect until 60 days after it
Order 13132 (64 FR 43255, August 10, is published in the Federal Register. ■ 1. The authority citation for part 52
1999); This action is not a ‘‘major rule’’ as continues to read as follows:
• Is not an economically significant defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Authority: 42 U.S.C. 7401 et seq.
regulatory action based on health or
safety risks subject to Executive Order Air Act, petitions for judicial review of
this action must be filed in the United Subpart EE—New Hampshire
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action States Court of Appeals for the
■ 2. In § 52.1520:
subject to Executive Order 13211 (66 FR appropriate circuit by January 16, 2018.
Filing a petition for reconsideration by ■ a. In paragraph (c), amend the table by
28355, May 22, 2001); revising the entry ‘‘Env-A 900’’: And
• Is not subject to requirements of the Administrator of this final rule does
not affect the finality of this action for ■ b. In paragraph (d), amend the table
Section 12(d) of the National
Technology Transfer and Advancement the purposes of judicial review nor does by:
Act of 1995 (15 U.S.C. 272 note) because it extend the time within which a ■ i. Removing two entries ‘‘Sturm,
application of those requirements would petition for judicial review may be filed, Ruger & Company, ARD–03–001’’ and
be inconsistent with the Clean Air Act; and shall not postpone the effectiveness ‘‘Sturm, Ruger & Company, Order No.
and of such rule or action. Parties with ARD–03–001’’; and
• Does not provide EPA with the objections to this direct final rule are ■ ii. Adding an entry to the end of the
discretionary authority to address, as encouraged to file a comment in table entitled ‘‘Sturm Ruger &
appropriate, disproportionate human response to the parallel notice of Company’’.
health or environmental effects, using proposed rulemaking for this action The revision and addition read as
practicable and legally permissible published in the proposed rules section follows:
methods, under Executive Order 12898 of today’s Federal Register, rather than
(59 FR 7629, February 16, 1994). file an immediate petition for judicial § 52.1520 Identification of plan.
In addition, the SIP is not approved review of this direct final rule, so that * * * * *
to apply on any Indian reservation land EPA can withdraw this direct final rule (c) * * *

EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State EPA approval
State citation Title/subject effective Explanations
date 1
date

* * * * * * *
Env-A 900 ..................... Owner or Operator Ob- 7/18/2015 11/14/2017,[Insert Fed- The following sections withdrawn by state and
ligations. eral Register cita- not part of approved SIP: Env-A 907.01(d)
jstallworth on DSKBBY8HB2PROD with RULES

tion]. and (e); 907.02(a)(1), (d)(1) a. and c., (2),
and (e); 907.03; 911.04(b) and (c); 911.05.

* * * * * * *
1 In
order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
umn for the particular provision.

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

(d) EPA-approved State Source
specific requirements.

EPA-APPROVED NEW HAMPSHIRE SOURCE SPECIFIC REQUIREMENTS
State Additional
EPA approval
Name of source Permit No. effective explanations/§ 52.1535
date 2
date citation

* * * * * * *
Sturm Ruger & Com- ARD–03–001 ................ 2/2/2017 11/14/17, [Insert Fed- VOC RACT Order.
pany. eral Register cita-
tion].
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.

* * * * * Boulevard, Lenexa, Kansas 66219 at 15, 2017, is withdrawn effective
[FR Doc. 2017–24540 Filed 11–13–17; 8:45 am] 913–551–7039, or by email at November 14, 2017.
BILLING CODE 6560–50–P Hamilton.heather@epa.gov. [FR Doc. 2017–24635 Filed 11–13–17; 8:45 am]
SUPPLEMENTARY INFORMATION: Due to BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION adverse comments, EPA is withdrawing
AGENCY the direct final rule to approve revisions
ENVIRONMENTAL PROTECTION
to the Iowa State Implementation Plan
AGENCY
40 CFR Parts 52, 62, and 70 (SIP), the 111(d) plan, and the Operating
Permits Program. In the direct final rule 40 CFR Part 61
[EPA–R07–OAR–2017–0470; FRL–9970–85–
Region 7] published on September 15, 2017, (82
FR 43303), we stated that if we received [EPA–R01–OAR–2017–0439; FRL–9970–60–
Region 1]
State of Iowa; Approval and adverse comment by October 16, 2017,
Promulgation of the State the rule would be withdrawn and not Notification of Partial Voluntary
Implementation Plan, the Operating take effect. EPA received adverse Withdrawal of Delegation of Authority;
Permits Program, and the 111(d) Plan; comments. EPA will address the Connecticut; National Emission
Withdrawal comments in a subsequent final action Standards for Hazardous Air Pollutants
based upon the proposed action also for Asbestos
AGENCY: Environmental Protection published on September 15, 2017 (82 FR
Agency (EPA). 43315). EPA will not institute a second AGENCY: Environmental Protection
ACTION: Withdrawal of direct final rule. comment period on this action. Agency (EPA).
ACTION: Notification of partial
SUMMARY: Due to adverse comments, the List of Subjects withdrawal of delegation of asbestos
Environmental Protection Agency (EPA) program.
is withdrawing the direct final rule for 40 CFR Part 52
‘‘State of Iowa; Approval and Environmental protection, Air SUMMARY: This document notifies
Promulgation of the State pollution control, Incorporation by affected sources and other interested
Implementation Plan, the 111(d) Plan, parties that the Connecticut Department
reference, Intergovernmental relations,
and the Operating Permits Program,’’ of Energy and Environmental Protection
Lead, Nitrogen dioxide, Ozone,
published in the Federal Register on (CT DEEP) has voluntarily and partially
Particulate matter, Reporting and
September 15, 2017. Iowa’s SIP revision withdrawn from the delegation of
recordkeeping requirements, Sulfur
included administrative changes, authority to implement and enforce the
oxides, Volatile organic compounds.
corrections to technical errors, revisions federal asbestos program provisions at
to titles and explanations of the scope 40 CFR Part 62 40 CFR part 61, subpart M. The
of rules. The revision also rescinded withdrawal action only applies to
outdated or no longer required rules for Environmental protection, Air sources that are not subject to CT
general conformity and emissions pollution control, Administrative DEEP’s title V operating permit
inventory relating to the Clean Air practice and procedure, Reporting and program, or that are subject to the title
Interstate Rule (CAIR) which has been recordkeeping requirements. V operating permit program but have
rescinded by EPA. Finally, the revision 40 CFR Part 70 not yet received a title V operating
updated state rules by incorporating by permit from CT DEEP. CT DEEP will
reference more recent Code of Federal Environmental protection, continue to implement and enforce 40
Regulation dates to ensure consistency Administrative practice and procedure, CFR part 61, subpart M for all sources
between the state and Federally- Air pollution control, Intergovernmental that have already obtained a title V
approved rules. relations, Operating permits, Reporting operating permit, or that obtain such a
jstallworth on DSKBBY8HB2PROD with RULES

DATES: The direct final rule published at and recordkeeping requirements. permit after the effective date of this
82 FR 43303, September 15, 2017, is action.
Dated: November 3, 2017.
withdrawn effective November 14, 2017. James B. Gulliford, DATES: This delegation withdrawal is
FOR FURTHER INFORMATION CONTACT: effective on December 14, 2017.
Regional Administrator, Region 7.
Heather Hamilton Environmental ADDRESSES: The EPA has established a
Protection Agency, Air Planning and Accordingly, the direct final rule docket for this action under Docket
Development Branch, 11201 Renner published at 82 FR 43303, September Identification No. EPA–R01–OAR–

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Document Created: 2018-10-25 10:33:23
Document Modified: 2018-10-25 10:33:23

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		Direct final rule.
Dates		This direct final rule is effective January 16, 2018, unless EPA receives adverse comments by December 14, 2017. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
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]
FR Citation		82 FR 52664
CFR Associated		Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds