83 FR 31513 - Air Plan Approval; New Hampshire; Action on Single Source Orders and Revision to Definitions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 130 (July 6, 2018)
Federal Register Volume 83, Issue 130 (July 6, 2018)
| Page Range | 31513-31514 | |
| FR Document | 2018-14371 |
[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)] [Proposed Rules] [Pages 31513-31514] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14371] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2017-0442; FRL-9980-11--Region 1] Air Plan Approval; New Hampshire; Action on Single Source Orders and Revision to Definitions AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of New Hampshire. The revisions incorporate a single source order into the New Hampshire SIP, remove a previously approved order from the SIP, and approve various definitions used within New Hampshire's air pollution control regulations. This action is being taken under the Clean Air Act. DATES: Written comments must be received on or before August 6, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01- OAR-2017-0442 at https://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the For Further Information Contact section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit www.epa.gov/dockets/commenting-epa-dockets. Publicly available docket materials are available at https://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: 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. Table of Contents I. Background and Purpose II. Description and Review of Submittals a. Order for the Diacom Corporation b. Withdrawal of Order for the Kalwall Corporation c. Revisions to Env-A 101, Definitions III. Proposed Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background and Purpose On July 24, 2017, the New Hampshire Air Resources Division (ARD) submitted a revision to its SIP consisting of an order establishing reasonably available control technology (RACT) requirements for the Diacom Corporation. On June 22, 2017, the New Hampshire ARD submitted a SIP revision that requested removal from the SIP of a previously approved RACT order for the Kalwall Corporation. On November 14, 2003, the New Hampshire ARD submitted a number of SIP revision requests to EPA, including a request to revise its set of definitions used within its air pollution control regulations. We are proposing to approve these three SIP revision requests for the reasons stated below. II. Description and Review of Submittals a. Order for the Diacom Corporation On July 24, 2017, the New Hampshire ARD submitted to EPA as a SIP revision request order RO-0002 establishing RACT requirements to limit emissions of volatile organic compounds (VOCs) for the Diacom Corporation located in Amherst, New Hampshire. The Diacom Corporation requested a source-specific RACT order for VOCs for an adhesives process that requires use of a high solvent-based product necessary to obtain an extremely thin, mono-molecular layer of adhesive onto fabrics used in the production of diaphragms for the aerospace, automotive, medical, and food processing industries. Diacom's request included a technical justification and an evaluation of capture and control device technologies that were evaluated. No cost effective capture and control technologies were uncovered from the evaluation. New Hampshire reviewed and concurred [[Page 31514]] with the facilities request, and on June 28, 2017, issued Order No. RO- 0002 to the Diacom Corporation. Order No. RO-0002 includes a 15 tons per year cap for VOC emissions, a VOC content limit for adhesives used by the facility, requirements for how the adhesives shall be applied, work practice standards, and recordkeeping and reporting requirements. We are proposing approval of the order into the New Hampshire SIP because it is consistent with CAA requirements for VOC RACT and with New Hampshire's Chapter Env-A 1200, VOC RACT regulation. b. Withdrawal of Order for the Kalwall Corporation New Hampshire ARD previously submitted, and EPA previously approved, a VOC RACT order for the Kalwall Corporation. See 63 FR 11600, March 10, 1998. More recently, EPA approved a minor update to this order, referred to by NH ARD as order ARD-99-001, on November 5, 2012. See 77 FR 66388. Subsequently, NH ARD adopted VOC control requirements within Env-A 1200 that regulate the activity described within the previously approved VOC RACT order. On June 22, 2017, the NH ARD submitted a SIP revision requesting that the previously approved order for the Kalwall Corporation be removed from the New Hampshire SIP. New Hampshire's submittal indicated this request was made primarily because requirements within Env-A 1212, Miscellaneous Metal and Plastic Parts and Products, which EPA approved into the New Hampshire SIP on November 8, 2012 (77 FR 66922), cover all of the coating and adhesives emission limits contained within Kalwall's VOC RACT order. Therefore, New Hampshire ARD requested that the VOC RACT order issued to Kalwall Corporation be removed from the SIP. We are proposing approval of the State's request. c. Revisions to Env-A 101, Definitions On November 14, 2003, the New Hampshire ARD submitted a number of SIP revision requests to EPA that included revisions to Env-A 101, Definitions. Although New Hampshire ARD subsequently withdrew the majority of the SIP revision requests made on November 14, 2003, the request to amend Env-A 101, Definitions, was not withdrawn, and we are proposing to approve that request within this action. The revision consists of the addition of definitions for the terms coal, consignment, crude oil, major fuel company, manufactured gas, and used oil, and minor revisions to the existing definitions for acute fuel shortage, blended fuel, conforming fuel, fuel supplier, and major fuel company. These revisions help to clarify the meaning of these terms as used within New Hampshire's air pollution control regulations and therefore we are proposing approval of them into the SIP-approved version of New Hampshire's Env-A 101, Definitions. III. Proposed Action EPA is proposing to approve the New Hampshire SIP revision requests described above. The SIP revisions meet section 110(l) of the CAA because the revisions will not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the CAA. EPA is soliciting public comments on the issues discussed in this notice or on other relevant matters. These comments will be considered before taking final action. Interested parties may participate in the Federal rulemaking procedure by submitting written comments to this proposed rule by following the instructions listed in the ADDRESSES section of this Federal Register. IV. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference order RO-0002, dated June 28, 2017, issued to the Diacom Corporation, and the eleven definitions identified within section III of this proposal. The EPA has made, and will continue to make, these documents generally available through www.regulations.gov. V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this proposed action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); This action is not expected to be an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. 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). 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: June 28, 2018. Alexandra Dunn, Regional Administrator, EPA Region 1. [FR Doc. 2018-14371 Filed 7-5-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Proposed Rules 31513
• Does not contain any unfunded ACTION: Proposed rule. Air Quality Planning Unit, Air Programs
mandate or significantly or uniquely Branch (Mail Code OEP05–02), U.S.
affect small governments, as described SUMMARY: The Environmental Protection Environmental Protection Agency,
in the Unfunded Mandates Reform Act Agency (EPA) is proposing to approve Region 1, 5 Post Office Square, Suite
of 1995 (Pub. L. 104–4); State Implementation Plan (SIP) 100, Boston, Massachusetts, 02109–
• Does not have Federalism revisions submitted by the State of New 3912; (617) 918–1046;
implications as specified in Executive Hampshire. The revisions incorporate a mcconnell.robert@epa.gov.
Order 13132 (64 FR 43255, August 10, single source order into the New SUPPLEMENTARY INFORMATION:
1999); Hampshire SIP, remove a previously Throughout this document whenever
• Is not an economically significant approved order from the SIP, and ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
regulatory action based on health or approve various definitions used within EPA.
safety risks subject to Executive Order New Hampshire’s air pollution control
13045 (62 FR 19885, April 23, 1997); regulations. This action is being taken Table of Contents
• Is not a significant regulatory action under the Clean Air Act. I. Background and Purpose
subject to Executive Order 13211 (66 FR DATES: Written comments must be II. Description and Review of Submittals
28355, May 22, 2001); received on or before August 6, 2018. a. Order for the Diacom Corporation
• Is not subject to requirements of b. Withdrawal of Order for the Kalwall
ADDRESSES: Submit your comments,
section 12(d) of the National Corporation
identified by Docket ID No. EPA–R01– c. Revisions to Env-A 101, Definitions
Technology Transfer and Advancement
OAR–2017–0442 at https:// III. Proposed Action
Act of 1995 (15 U.S.C. 272 note) because
www.regulations.gov, or via email to IV. Incorporation by Reference
application of those requirements would
mcconnell.robert@epa.gov. For V. Statutory and Executive Order Reviews
be inconsistent with the CAA; and
• Does not provide EPA with the comments submitted at Regulations.gov,
follow the online instructions for I. Background and Purpose
discretionary authority to address, as
submitting comments. Once submitted, On July 24, 2017, the New Hampshire
appropriate, disproportionate human
comments cannot be edited or removed Air Resources Division (ARD) submitted
health or environmental effects, using
from Regulations.gov. For either manner a revision to its SIP consisting of an
practicable and legally permissible
of submission, the EPA may publish any order establishing reasonably available
methods, under Executive Order 12898
comment received to its public docket. control technology (RACT) requirements
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved Do not submit electronically any for the Diacom Corporation. On June 22,
to apply on any Indian reservation land information you consider to be 2017, the New Hampshire ARD
or in any other area where EPA or an Confidential Business Information (CBI) submitted a SIP revision that requested
Indian tribe has demonstrated that a or other information whose disclosure is removal from the SIP of a previously
tribe has jurisdiction. In those areas of restricted by statute. Multimedia approved RACT order for the Kalwall
Indian country, the proposed rule does submissions (audio, video, etc.) must be Corporation. On November 14, 2003, the
not have tribal implications and will not accompanied by a written comment. New Hampshire ARD submitted a
impose substantial direct costs on tribal The written comment is considered the number of SIP revision requests to EPA,
governments or preempt tribal law as official comment and should include including a request to revise its set of
specified by Executive Order 13175 (65 discussion of all points you wish to definitions used within its air pollution
FR 67249, November 9, 2000). make. The EPA will generally not control regulations. We are proposing to
consider comments or comment approve these three SIP revision
List of Subjects in 40 CFR Part 52 contents located outside of the primary requests for the reasons stated below.
Environmental protection, Air submission (i.e. on the web, cloud, or II. Description and Review of
pollution control, Incorporation by other file sharing system). For Submittals
reference, Nitrogen dioxide, Ozone, additional submission methods, please
Particulate matter, Reporting and contact the person identified in the FOR a. Order for the Diacom Corporation
recordkeeping requirements, Sulfur FURTHER INFORMATION CONTACT section. On July 24, 2017, the New Hampshire
oxides, Volatile organic compounds. For the full EPA public comment policy, ARD submitted to EPA as a SIP revision
Authority: 42 U.S.C. 7401 et seq. information about CBI or multimedia request order RO–0002 establishing
submissions, and general guidance on RACT requirements to limit emissions
Dated: June 28, 2018. making effective comments, please visit of volatile organic compounds (VOCs)
Anne Idsal, www.epa.gov/dockets/commenting-epa- for the Diacom Corporation located in
Regional Administrator, Region 6. dockets. Publicly available docket Amherst, New Hampshire. The Diacom
[FR Doc. 2018–14493 Filed 7–5–18; 8:45 am] materials are available at https:// Corporation requested a source-specific
BILLING CODE 6560–50–P www.regulations.gov or at the U.S. RACT order for VOCs for an adhesives
Environmental Protection Agency, EPA process that requires use of a high
New England Regional Office, Office of solvent-based product necessary to
ENVIRONMENTAL PROTECTION Ecosystem Protection, Air Quality obtain an extremely thin, mono-
AGENCY Planning Unit, 5 Post Office Square— molecular layer of adhesive onto fabrics
Suite 100, Boston, MA. EPA requests used in the production of diaphragms
40 CFR Part 52 that if at all possible, you contact the for the aerospace, automotive, medical,
daltland on DSKBBV9HB2PROD with PROPOSALS
[EPA–R01–OAR–2017–0442; FRL–9980– contact listed in the FOR FURTHER and food processing industries.
11—Region 1] INFORMATION CONTACT section to Diacom’s request included a technical
schedule your inspection. The Regional justification and an evaluation of
Air Plan Approval; New Hampshire; Office’s official hours of business are capture and control device technologies
Action on Single Source Orders and Monday through Friday, 8:30 a.m. to that were evaluated. No cost effective
Revision to Definitions 4:30 p.m., excluding legal holidays. capture and control technologies were
AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: Bob uncovered from the evaluation. New
Agency (EPA). McConnell, Environmental Engineer, Hampshire reviewed and concurred
VerDate Sep<11>2014 17:10 Jul 05, 2018 Jkt 244001 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1](https://thefederalregister.org/doc/83_FR_31643/page/1.svg)
![31514 Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Proposed Rules
with the facilities request, and on June existing definitions for acute fuel October 4, 1993) and 13563 (76 FR 3821,
28, 2017, issued Order No. RO–0002 to shortage, blended fuel, conforming fuel, January 21, 2011);
the Diacom Corporation. Order No. RO– fuel supplier, and major fuel company. • This action is not expected to be an
0002 includes a 15 tons per year cap for These revisions help to clarify the Executive Order 13771 regulatory action
VOC emissions, a VOC content limit for meaning of these terms as used within because this action is not significant
adhesives used by the facility, New Hampshire’s air pollution control under Executive Order 12866.
requirements for how the adhesives regulations and therefore we are • Does not impose an information
shall be applied, work practice proposing approval of them into the collection burden under the provisions
standards, and recordkeeping and SIP-approved version of New of the Paperwork Reduction Act (44
reporting requirements. We are Hampshire’s Env-A 101, Definitions. U.S.C. 3501 et seq.);
proposing approval of the order into the • Is certified as not having a
III. Proposed Action
New Hampshire SIP because it is significant economic impact on a
consistent with CAA requirements for EPA is proposing to approve the New substantial number of small entities
VOC RACT and with New Hampshire’s Hampshire SIP revision requests under the Regulatory Flexibility Act (5
Chapter Env-A 1200, VOC RACT described above. The SIP revisions meet U.S.C. 601 et seq.);
regulation. section 110(l) of the CAA because the • Does not contain any unfunded
revisions will not interfere with any mandate or significantly or uniquely
b. Withdrawal of Order for the Kalwall applicable requirement concerning affect small governments, as described
Corporation attainment and reasonable further in the Unfunded Mandates Reform Act
New Hampshire ARD previously progress, or any other applicable of 1995 (Pub. L. 104–4);
submitted, and EPA previously requirement of the CAA. EPA is • Does not have Federalism
approved, a VOC RACT order for the soliciting public comments on the implications as specified in Executive
Kalwall Corporation. See 63 FR 11600, issues discussed in this notice or on Order 13132 (64 FR 43255, August 10,
March 10, 1998. More recently, EPA other relevant matters. These comments 1999);
approved a minor update to this order, will be considered before taking final • Is not an economically significant
referred to by NH ARD as order ARD– action. Interested parties may regulatory action based on health or
99–001, on November 5, 2012. See 77 participate in the Federal rulemaking safety risks subject to Executive Order
FR 66388. Subsequently, NH ARD procedure by submitting written 13045 (62 FR 19885, April 23, 1997);
adopted VOC control requirements comments to this proposed rule by • Is not a significant regulatory action
within Env-A 1200 that regulate the following the instructions listed in the subject to Executive Order 13211 (66 FR
activity described within the previously ADDRESSES section of this Federal 28355, May 22, 2001);
approved VOC RACT order. On June 22, Register. • Is not subject to requirements of
2017, the NH ARD submitted a SIP Section 12(d) of the National
revision requesting that the previously IV. Incorporation by Reference
Technology Transfer and Advancement
approved order for the Kalwall In this rule, the EPA is proposing to Act of 1995 (15 U.S.C. 272 note) because
Corporation be removed from the New include in a final EPA rule regulatory application of those requirements would
Hampshire SIP. New Hampshire’s text that includes incorporation by be inconsistent with the Clean Air Act;
submittal indicated this request was reference. In accordance with and
made primarily because requirements requirements of 1 CFR 51.5, the EPA is • Does not provide EPA with the
within Env-A 1212, Miscellaneous proposing to incorporate by reference discretionary authority to address, as
Metal and Plastic Parts and Products, order RO–0002, dated June 28, 2017, appropriate, disproportionate human
which EPA approved into the New issued to the Diacom Corporation, and health or environmental effects, using
Hampshire SIP on November 8, 2012 (77 the eleven definitions identified within practicable and legally permissible
FR 66922), cover all of the coating and section III of this proposal. The EPA has methods, under Executive Order 12898
adhesives emission limits contained made, and will continue to make, these (59 FR 7629, February 16, 1994).
within Kalwall’s VOC RACT order. documents generally available through In addition, the SIP is not approved
Therefore, New Hampshire ARD www.regulations.gov. to apply on any Indian reservation land
requested that the VOC RACT order or in any other area where EPA or an
issued to Kalwall Corporation be V. Statutory and Executive Order
Reviews Indian tribe has demonstrated that a
removed from the SIP. We are proposing tribe has jurisdiction. In those areas of
approval of the State’s request. Under the Clean Air Act, the Indian country, the rule does not have
Administrator is required to approve a tribal implications and will not impose
c. Revisions to Env-A 101, Definitions SIP submission that complies with the substantial direct costs on tribal
On November 14, 2003, the New provisions of the Act and applicable governments or preempt tribal law as
Hampshire ARD submitted a number of Federal regulations. 42 U.S.C. 7410(k); specified by Executive Order 13175 (65
SIP revision requests to EPA that 40 CFR 52.02(a). Thus, in reviewing SIP FR 67249, November 9, 2000).
included revisions to Env-A 101, submissions, EPA’s role is to approve
Definitions. Although New Hampshire state choices, provided that they meet List of Subjects in 40 CFR Part 52
ARD subsequently withdrew the the criteria of the Clean Air Act. Environmental protection, Air
majority of the SIP revision requests Accordingly, this proposed action pollution control, Incorporation by
made on November 14, 2003, the merely approves state law as meeting reference, Ozone, Reporting and
daltland on DSKBBV9HB2PROD with PROPOSALS
request to amend Env-A 101, Federal requirements and does not recordkeeping requirements, Volatile
Definitions, was not withdrawn, and we impose additional requirements beyond organic compounds.
are proposing to approve that request those imposed by state law. For that
within this action. The revision consists Dated: June 28, 2018.
reason, this proposed action:
of the addition of definitions for the • Is not a significant regulatory action Alexandra Dunn,
terms coal, consignment, crude oil, subject to review by the Office of Regional Administrator, EPA Region 1.
major fuel company, manufactured gas, Management and Budget under [FR Doc. 2018–14371 Filed 7–5–18; 8:45 am]
and used oil, and minor revisions to the Executive Orders 12866 (58 FR 51735, BILLING CODE 6560–50–P
VerDate Sep<11>2014 17:10 Jul 05, 2018 Jkt 244001 PO 00000 Frm 00044 Fmt 4702 Sfmt 9990 E:\FR\FM\06JYP1.SGM 06JYP1](https://thefederalregister.org/doc/83_FR_31643/page/2.svg)
Document Created: 2018-07-06 00:46:21
Document Modified: 2018-07-06 00:46:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before August 6, 2018. | |
| 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 | 83 FR 31513 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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