83 FR 6972 - Air Plan Approval; New Hampshire; Rules for Open Burning and Incinerators
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 33 (February 16, 2018)
Federal Register Volume 83, Issue 33 (February 16, 2018)
| Page Range | 6972-6975 | |
| FR Document | 2018-03251 |
[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)] [Rules and Regulations] [Pages 6972-6975] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03251] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2017-0138; FRL-9973-19-Region 1] Air Plan Approval; New Hampshire; Rules for Open Burning and Incinerators 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 August 9, 2011 and July 23, 2013. These SIP revisions establish rules for open burning and establish emission standards and operating practices for incinerators and wood waste burners that are not regulated pursuant to Federal incinerator standards. We are also approving revisions to the definitions of ``Incinerator'' and ``Wood Waste Burner,'' submitted by the State on July 23, 2013 and October 26, 2016, respectively. This action is being taken in accordance with the Clean Air Act (CAA). DATES: This rule is effective on March 19, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2017-0138. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., confidential business information (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 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 [[Page 6973]] 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. Table of Contents I. Background and Purpose II. Response to Comments III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background and Purpose On January 10, 2003, New Hampshire Department of Environmental Services (NH DES) submitted a SIP revision for Env-A 1000 (Prevention, Abatement and Control of Open Source Air Pollution). On August 9, 2011, NH DES submitted an updated version of this regulation. Because the 2011 submittal superseded the previous submission, the State withdrew the 2003 submittal on May 5, 2014. The withdrawal letter is included in the docket for this action. On July 23, 2013, NH DES submitted Env-A 1900 (Incinerators and Wood Waste Burners) and Env-A 101.104 (definition of ``Incinerator'') to EPA for approval. Env-A 1900 is not currently part of the federally- approved New Hampshire SIP. The definition of the term ``Incinerator'' is currently part of the New Hampshire SIP, but is codified at Env-A 101.59 \1\ and does not include a reference to ``wood-waste burners.'' The submitted definition of ``Incinerator'' adds ``wood-waste burners'' to the definition and is codified at Env-A 101.104. The current SIP- approved version of the definition of ``Incinerator'' (Env-A 101.59) will be replaced by the new definition of that term (Env-A 101.104) as a result of this approval. --------------------------------------------------------------------------- \1\ This appears to be an error because there are two different terms numbered 101.59 in Env-A 101, and the term ``incinerator'' is listed after term number 48 and before term number 50. --------------------------------------------------------------------------- A definition of ``Wood Waste Burner'' is currently part of the New Hampshire SIP, but is codified as Env-A 101.95 and explicitly excludes incinerators. On October 26, 2016, NH DES submitted a revision of the definition of ``Wood Waste Burner'' (Env-A 101.219) to EPA for approval. This revised definition does not exclude incinerators. The current SIP-approved version of the definition of ``Wood Waste Burner'' (Env-A 101.95) will be replaced by the new definition of that term (Env-A 101.219) as a result of this approval. The version of Env-A 1900 (Incinerators and Wood Waste Burners) submitted by the State to EPA included an affirmative defense provision for malfunction, which is defined as a sudden and unavoidable breakdown of process or control equipment. On April 13, 2016, NH DES sent a letter to EPA withdrawing the affirmative defense provision in Env-A 1900 (i.e., 1902.02). In addition, an earlier SIP submission of Env-A 1900 had included an exception to the 20-percent visible emissions limit that would have allowed these emissions to be exceeded for one period of 6 continuous minutes in any 60-minute period during startup, shutdown, or malfunction. However, NH DES removed this exception from the July 23, 2013 submittal. These SIP revisions establish rules for open burning and establish emission standards and operating practices for incinerators and wood waste burners that are not regulated pursuant to Federal incinerator standards. New Hampshire also submitted revisions to the definitions of ``Incinerator'' and ``Wood Waste Burner'' on July 23, 2013 and October 26, 2016, respectively. On September 6, 2017, EPA published a Notice of Proposed Rulemaking (82 FR 42054) and Direct Final Rulemaking (DFRN) (82 FR 42037) proposing to approve and approving, respectively, the revisions submitted by New Hampshire on August 9, 2011, July 23, 2013, and October 26, 2016. In the DFRN, EPA stated that if an adverse comment were to be submitted to EPA by October 6, 2017, the action would be withdrawn and not take effect, and a final rule would be issued based on the NPR. EPA received a comment that is not relevant to this SIP action, and one adverse comment that is relevant, before the close of the comment period. Therefore, EPA withdrew the DFRN on November 6, 2017 (82 FR 51349). This action is a final rule based on the NPR. A detailed discussion of New Hampshire's August 9, 2011; July 23, 2013; and October 26, 2016, SIP revisions, and EPA's rationale for approving these were provided in the DFRN and will not be restated here, except to the extent relevant to our response to the public comments we received. II. Response to Comments EPA received public comments from anonymous commenters on our September 6, 2017 NPR. All of the comments are contained in the docket for this final action. One commenter submitted a comment that is not relevant to this SIP action and, therefore, requires no response. One commenter submitted two comments that are adverse and are discussed below. Comment 1: An anonymous commenter noted that the proposed revisions to New Hampshire's Env-A 1000 (Prevention, Abatement and Control of Open Source Air Pollution) removes the reference to National Ambient Air Quality Standards (NAAQS) nonattainment areas for particulate matter (PM) pollution that appears in the current SIP-approved version of Env-A 1000. The commenter stated that ``EPA should not be allowed to reduce emission standards just because a corporation or company incinerator wants to burn more wood. Wood is a particularly dirty fuel source that causes significant particulate matter pollution both 2.5 microns and 10 microns.'' Response 1: The SIP-approved Env-A 1000 (provision 1001.02) allowed for certain types of open burning if: (1) Not prohibited by local ordinance or officials having jurisdiction, such as state forest fire wardens, and (2) where the particular area has not been designated nonattainment in relation to the NAAQS for PM. Under Env-A 1000, such burning was allowed in NAAQS nonattainment areas for PM (when not prohibited by local ordinance or officials having jurisdiction) if written authorization had been obtained by the NH DES. In the revised version of Env-A 1000, the State has removed the restriction on these activities in nonattainment areas for particulates. EPA believes that the version of Env-A 1000 we are approving is consistent with CAA requirements for SIP revisions, notwithstanding the absence of references to nonattainment areas for NAAQS as a limiting condition on certain types of burning. Because there have never been any designated nonattainment areas for PM in New Hampshire, the current provision is not in fact imposing any restrictions on emissions. Thus, the emissions reductions attributable to the revised version of Env-A 1000 we are approving is functionally the same as the prior version. Moreover, we note that the current ambient levels of PM within the [[Page 6974]] State are below the currently applicable PM NAAQS. In the event that ambient PM in New Hampshire were to exceed the applicable NAAQS, we would expect the State to add additional emissions controls to address the appropriate sources to bring the area back into attainment. Comment 2: The same anonymous commenter asserted that the ``EPA also can't remove nuisance provisions as they can cover enforcement of NAAQS pollutants that cause nuisances to neighboring communities and disadvantages communities. Sometimes only nuisance provisions are the only enforcement mechanism available to the little people that can't afford big lawyers or consent decrees with big companies.'' Response 2: New Hampshire's revision to Env-A 1000 removes two references to ``nuisance'' in the current SIP, which was approved in 1994. EPA believes that the State's revised version of the regulation is approvable under the CAA because the term ``nuisance'' in Env-A 1000, as defined in state law, is a broad concept that could be applied to prohibit impacts that bear no reasonable connection to the NAAQS and related air-quality goals of the CAA. The fact that something may cause a nuisance does not necessarily equate to a condition that would interfere with attainment or maintenance of the NAAQS. The wording of the prior version of the SIP provision was not sufficiently related to attainment and maintenance of the PM NAAQS to warrant inclusion in the SIP. See, for example, analogous instances in which EPA has removed from SIPs certain regulations that prohibit odors (61 FR 47058, September 6, 1996), or that contain a general prohibition against air pollution (63 FR 65557, November 27, 1998). III. Final Action EPA is approving and incorporating two regulations into the New Hampshire SIP. The two regulations include revised Env-A 1000 (Prevention, Abatement and Control of Open Source Air Pollution) submitted by the State of New Hampshire on August 9, 2011, effective on May 1, 2011; and Env-A 1900 (Incinerators and Wood Waste Burners) submitted by the State on July 23, 2013, effective April 23, 2013, except for the withdrawn affirmative defense provision. The revised version of Env-A 1000 that we are approving into the SIP will replace the existing SIP-approved version of Env-A 1000. In addition, EPA is approving a revised definition of ``Incinerator'' (Env-A 101.104), submitted by the State on July 23, 2013, effective April 23, 2013, which replaces the definition of ``Incinerator'' currently in the New Hampshire SIP (numbered Env-A 101.59). We are also approving a revised definition of ``Wood Waste Burner'' (Env-A 101.219), submitted by the State on October 26, 2016, effective January 14, 2005, which replaces the definition of ``Wood Waste Burner'' currently in the New Hampshire SIP (numbered Env-A 101.95). Thus, the SIP at Env-A 101.59 and at Env-A 101.95 will read ``[reserved].'' New Hampshire organizes Env-A 101 (Definitions) alphabetically, and also assigns a codification number, in sequential order, to each defined term. Because the State's SIP submissions did not include the entirety of Env-A 101, and the State has added other definitions to Env-A 101 over time (not all of which are SIP-approved), our approval of the two definitions in this action will result in the numbered codification assigned to the defined terms being out of numerical sequence in the SIP. However, the two defined terms will still be in alphabetical order. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of 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 materials generally available through https://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 SIP, 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.\2\ --------------------------------------------------------------------------- \2\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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 [[Page 6975]] rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. Section 804, however, exempts from section 801 the following types of rules: Rules of particular applicability; rules relating to agency management or personnel; and rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because this is a rule of particular applicability, EPA is not required to submit a rule report regarding this action under section 801. Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 20, 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)). 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: February 6, 2018. Alexandra Dapolito Dunn, Regional Administrator, EPA New England. For the reasons set forth in the preamble, 40 CFR part 52 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 paragraph (c), amend the table by: 0 a. Adding four entries for``Env-A 100'' after the entry ``Env-A 100; Organizational Rules: Definitions''; 0 b. Revising the entry ``Env-A 1000''; and 0 c. Adding in numerical order an entry ``Env-A 1900''. The revision and additions read as follows: Sec. 52.1520 Identification of plan. * * * * * (c) * * * EPA-Approved New Hampshire Regulations ---------------------------------------------------------------------------------------------------------------- State EPA approval date State citation Title/subject effective date \1\ Explanations ---------------------------------------------------------------------------------------------------------------- * * * * * * * Env-A 100....................... Definition of 04/29/2003 02/16/2018, [Insert Remove Part Env-A ``Incinerator''. Federal Register 101.59, definition citation]. of ``Incinerator'' and replace with ``[reserved].'' Env-A 100....................... Definition of 04/29/2003 02/16/2018, [Insert Remove Part Env-A ``Wood Waste Federal Register 101.95, definition Burner''. citation]. of ``Wood Waste Burner'' and replace with ``[reserved].'' Env-A 100....................... Definition of 04/23/2013 02/16/2018, [Insert Approve Part Env-A ``Incinerator''. Federal Register 101.104, definition citation]. of ``Incinerator.'' Env-A 100....................... Definition of 01/14/2005 02/16/2018, [Insert Approve Part Env-A ``Wood Waste Federal Register 101.219, definition Burner''. citation]. of ``Wood Waste Burner.'' * * * * * * * Env-A 1000...................... Control of Open 05/01/2011 02/16/2018, [Insert Approve Part Env-A Burning. Federal Register 1000 ``Prevention, citation]. Abatement and Control of Open Source Air Pollution.'' * * * * * * * Env-A 1900...................... Emission Standards 04/23/2013 02/16/2018, [Insert Approve Part Env-A and Operating Federal Register 1900 ``Incinerators Practices for citation]. and Wood Waste Incinerators. Burners.'' * * * * * * * ---------------------------------------------------------------------------------------------------------------- \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. 2018-03251 Filed 2-15-18; 8:45 am] BILLING CODE 6560-50-P
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I. Executive Order 13211: Actions and related administrative requirements reference, Intergovernmental relations,
Concerning Regulations That (i.e., monitoring, recordkeeping and Nitrogen dioxide, Particulate matter,
Significantly Affect Energy Supply, reporting requirements) to the EPA’s Reporting and recordkeeping
Distribution, or Use 2012 FIP. requirements, Sulfur oxides.
This action is not subject to Executive L. Congressional Review Act (CRA) Authority: 42 U.S.C. 7401 et seq.
Order 13211 (66 FR 28355, May 22, Dated: February 8, 2018.
2001) because it is not a significant This rule is exempt from the CRA
because it is a rule of particular E. Scott Pruitt,
regulatory action under Executive Order
applicability. Administrator.
12866.
M. Judicial Review Part 52, chapter I, title 40 of the Code
J. National Technology Transfer and
of Federal Regulations is amended as
Advancement Act Under section 307(b)(1) of the CAA, follows:
This rulemaking does not involve petitions for judicial review of this
technical standards. Therefore, the EPA action must be filed in the United States PART 52—APPROVAL AND
is not considering the use of any Court of Appeals for the appropriate PROMULGATION OF
voluntary consensus standards. circuit by April 17, 2018. Filing a IMPLEMENTATION PLANS
petition for reconsideration by the
K. Executive Order 12898: Federal Administrator of this final rule does not ■ 1. The authority citation for part 52
Actions To Address Environmental affect the finality of this action for the continues to read as follows:
Justice in Minority Populations and purposes of judicial review nor does it
Low-Income Populations Authority: 42 U.S.C. 7401 et seq.
extend the time within which a petition
The EPA believes that this action does for judicial review may be filed, and Subpart HH—New York
not have disproportionately high and shall not postpone the effectiveness of
adverse human health or environmental such rule or action. This action may not ■ 2. In § 52.1670, the table in paragraph
effects on minority populations, low- be challenged later in proceedings to (d) is amended by revising the entry
income populations and/or indigenous enforce its requirements. See CAA ‘‘Roseton Generating Station-Dynegy’’ to
peoples, as specified in Executive Order section 307(b)(2). read as follows:
12898 (59 FR 7629, February 16, 1994).
As explained previously, the SIP List of Subjects in 40 CFR Part 52 § 52.1670 Identification of plan.
revision being approved in this action Environmental protection, Air * * * * *
includes identical BART emission limits pollution control, Incorporation by (d) * * *
EPA-APPROVED NEW YORK SOURCE-SPECIFIC PROVISIONS
State effective EPA approval
Name of source Identifier No. Comments
date date
* * * * * * *
Roseton Generating Station ........... NYSDEC Facility No. 12/5/2016 2/16/2018 Best Available Retrofit Technology
33346000075. (BART) emission limits for SO2
pursuant to 6 NYCRR part 249
for Units 1 and 2.
* * * * * * *
* * * * * ACTION: Final rule. DATES: This rule is effective on March
19, 2018.
§ 52.1686 [Removed and Reserved]
SUMMARY: The Environmental Protection ADDRESSES: EPA has established a
■ 3. Section 52.1686 is removed and Agency (EPA) is approving State docket for this action under Docket
reserved. Implementation Plan (SIP) revisions Identification No. EPA–R01–OAR–
[FR Doc. 2018–03192 Filed 2–15–18; 8:45 am] submitted by the State of New 2017–0138. All documents in the docket
BILLING CODE 6560–50–P Hampshire on August 9, 2011 and July are listed on the www.regulations.gov
23, 2013. These SIP revisions establish website. Although listed in the index,
rules for open burning and establish some information is not publicly
ENVIRONMENTAL PROTECTION emission standards and operating available, i.e., confidential business
AGENCY practices for incinerators and wood information (CBI) or other information
waste burners that are not regulated whose disclosure is restricted by statute.
40 CFR Part 52
pursuant to Federal incinerator Certain other material, such as
standards. We are also approving copyrighted material, is not placed on
[EPA–R01–OAR–2017–0138; FRL–9973–19– revisions to the definitions of the internet and will be publicly
Region 1]
‘‘Incinerator’’ and ‘‘Wood Waste available only in hard copy form.
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Air Plan Approval; New Hampshire; Burner,’’ submitted by the State on July Publicly available docket materials are
Rules for Open Burning and 23, 2013 and October 26, 2016, available at www.regulations.gov or at
Incinerators respectively. This action is being taken the U.S. Environmental Protection
in accordance with the Clean Air Act Agency, EPA New England Regional
AGENCY: Environmental Protection (CAA). Office, Office of Ecosystem Protection,
Agency (EPA). Air Quality Planning Unit, 5 Post Office
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State are below the currently applicable which replaces the definition of submissions, EPA’s role is to approve
PM NAAQS. In the event that ambient ‘‘Incinerator’’ currently in the New state choices, provided that they meet
PM in New Hampshire were to exceed Hampshire SIP (numbered Env-A the criteria of the Clean Air Act.
the applicable NAAQS, we would 101.59). We are also approving a revised Accordingly, this action merely
expect the State to add additional definition of ‘‘Wood Waste Burner’’ approves state law as meeting Federal
emissions controls to address the (Env-A 101.219), submitted by the State requirements and does not impose
appropriate sources to bring the area on October 26, 2016, effective January additional requirements beyond those
back into attainment. 14, 2005, which replaces the definition imposed by state law. For that reason,
Comment 2: The same anonymous of ‘‘Wood Waste Burner’’ currently in this action:
commenter asserted that the ‘‘EPA also the New Hampshire SIP (numbered Env- • Is not a significant regulatory action
can’t remove nuisance provisions as A 101.95). Thus, the SIP at Env-A subject to review by the Office of
they can cover enforcement of NAAQS 101.59 and at Env-A 101.95 will read Management and Budget under
pollutants that cause nuisances to ‘‘[reserved].’’ Executive Orders 12866 (58 FR 51735,
neighboring communities and New Hampshire organizes Env-A 101 October 4, 1993) and 13563 (76 FR 3821,
disadvantages communities. Sometimes (Definitions) alphabetically, and also January 21, 2011);
only nuisance provisions are the only assigns a codification number, in • Does not impose an information
enforcement mechanism available to the sequential order, to each defined term. collection burden under the provisions
little people that can’t afford big lawyers Because the State’s SIP submissions did of the Paperwork Reduction Act (44
or consent decrees with big companies.’’ not include the entirety of Env-A 101, U.S.C. 3501 et seq.);
Response 2: New Hampshire’s and the State has added other • Is certified as not having a
revision to Env-A 1000 removes two definitions to Env-A 101 over time (not significant economic impact on a
references to ‘‘nuisance’’ in the current all of which are SIP-approved), our substantial number of small entities
SIP, which was approved in 1994. EPA approval of the two definitions in this under the Regulatory Flexibility Act (5
believes that the State’s revised version action will result in the numbered U.S.C. 601 et seq.);
of the regulation is approvable under codification assigned to the defined • Does not contain any unfunded
the CAA because the term ‘‘nuisance’’ in terms being out of numerical sequence mandate or significantly or uniquely
Env-A 1000, as defined in state law, is in the SIP. However, the two defined affect small governments, as described
a broad concept that could be applied to terms will still be in alphabetical order. in the Unfunded Mandates Reform Act
prohibit impacts that bear no reasonable of 1995 (Public Law 104–4);
connection to the NAAQS and related IV. Incorporation by Reference • Does not have Federalism
air-quality goals of the CAA. The fact In this rule, the EPA is finalizing implications as specified in Executive
that something may cause a nuisance regulatory text that includes Order 13132 (64 FR 43255, August 10,
does not necessarily equate to a incorporation by reference. In 1999);
condition that would interfere with accordance with requirements of 1 CFR • Is not an economically significant
attainment or maintenance of the 51.5, the EPA is finalizing the regulatory action based on health or
NAAQS. The wording of the prior incorporation by reference of the New safety risks subject to Executive Order
version of the SIP provision was not Hampshire Code of Administrative 13045 (62 FR 19885, April 23, 1997);
sufficiently related to attainment and Rules described in the amendments to • Is not a significant regulatory action
maintenance of the PM NAAQS to 40 CFR part 52 set forth below. The EPA subject to Executive Order 13211 (66 FR
warrant inclusion in the SIP. See, for has made, and will continue to make, 28355, May 22, 2001);
example, analogous instances in which these materials generally available • Is not subject to requirements of
EPA has removed from SIPs certain through https://www.regulations.gov, Section 12(d) of the National
regulations that prohibit odors (61 FR and/or at the EPA Region 1 Office Technology Transfer and Advancement
47058, September 6, 1996), or that (please contact the person identified in Act of 1995 (15 U.S.C. 272 note) because
contain a general prohibition against air the FOR FURTHER INFORMATION CONTACT application of those requirements would
pollution (63 FR 65557, November 27, section of this preamble for more be inconsistent with the Clean Air Act;
1998). information). and
Therefore, these materials have been • Does not provide EPA with the
III. Final Action discretionary authority to address, as
approved by EPA for inclusion in the
EPA is approving and incorporating SIP, have been incorporated by appropriate, disproportionate human
two regulations into the New Hampshire reference by EPA into that plan, are health or environmental effects, using
SIP. The two regulations include revised fully federally enforceable under practicable and legally permissible
Env-A 1000 (Prevention, Abatement and sections 110 and 113 of the CAA as of methods, under Executive Order 12898
Control of Open Source Air Pollution) the effective date of the final rulemaking (59 FR 7629, February 16, 1994).
submitted by the State of New of EPA’s approval, and will be In addition, the SIP is not approved
Hampshire on August 9, 2011, effective incorporated by reference by the to apply on any Indian reservation land
on May 1, 2011; and Env-A 1900 Director of the Federal Register in the or in any other area where EPA or an
(Incinerators and Wood Waste Burners) next update to the SIP compilation.2 Indian tribe has demonstrated that a
submitted by the State on July 23, 2013, tribe has jurisdiction. In those areas of
effective April 23, 2013, except for the V. Statutory and Executive Order Indian country, the rule does not have
withdrawn affirmative defense Reviews tribal implications and will not impose
provision. The revised version of Env-A Under the Clean Air Act, the substantial direct costs on tribal
governments or preempt tribal law as
daltland on DSKBBV9HB2PROD with RULES
1000 that we are approving into the SIP Administrator is required to approve a
will replace the existing SIP-approved SIP submission that complies with the specified by Executive Order 13175 (65
version of Env-A 1000. provisions of the Act and applicable FR 67249, November 9, 2000). The
In addition, EPA is approving a Federal regulations. 42 U.S.C. 7410(k); Congressional Review Act, 5 U.S.C. 801
revised definition of ‘‘Incinerator’’ (Env- 40 CFR 52.02(a). Thus, in reviewing SIP et seq., as added by the Small Business
A 101.104), submitted by the State on Regulatory Enforcement Fairness Act of
July 23, 2013, effective April 23, 2013, 2 62 FR 27968 (May 22, 1997). 1996, generally provides that before a
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rule may take effect, the agency purposes of judicial review nor does it PART 52—APPROVAL AND
promulgating the rule must submit a extend the time within which a petition PROMULGATION OF
rule report, which includes a copy of for judicial review may be filed, and IMPLEMENTATION PLANS
the rule, to each House of the Congress shall not postpone the effectiveness of
and to the Comptroller General of the such rule or action. This action may not ■ 1. The authority citation for part 52
United States. Section 804, however, be challenged later in proceedings to continues to read as follows:
exempts from section 801 the following enforce its requirements. (See section Authority: 42 U.S.C. 7401 et seq.
types of rules: Rules of particular 307(b)(2)).
applicability; rules relating to agency Subpart EE—New Hampshire
List of Subjects in 40 CFR Part 52
management or personnel; and rules of
agency organization, procedure, or Environmental protection, Air ■ 2. In § 52.1520 paragraph (c), amend
practice that do not substantially affect pollution control, Carbon monoxide, the table by:
the rights or obligations of nonagency Incorporation by reference, ■ a. Adding four entries for‘‘Env-A 100’’
parties. 5 U.S.C. 804(3). Because this is Intergovernmental relations, Lead, after the entry ‘‘Env-A 100;
a rule of particular applicability, EPA is Nitrogen dioxide, Ozone, Particulate Organizational Rules: Definitions’’;
not required to submit a rule report matter, Reporting and recordkeeping ■ b. Revising the entry ‘‘Env-A 1000’’;
regarding this action under section 801. requirements, Sulfur oxides, Volatile and
Under section 307(b)(1) of the Clean Air organic compounds. ■ c. Adding in numerical order an entry
Act, petitions for judicial review of this Dated: February 6, 2018. ‘‘Env-A 1900’’.
action must be filed in the United States Alexandra Dapolito Dunn, The revision and additions read as
Court of Appeals for the appropriate follows:
Regional Administrator, EPA New England.
circuit by November 20, 2017. Filing a
petition for reconsideration by the For the reasons set forth in the § 52.1520 Identification of plan.
Administrator of this final rule does not preamble, 40 CFR part 52 is amended as * * * * *
affect the finality of this action for the follows: (c) * * *
EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State effective
State citation Title/subject EPA approval date 1 Explanations
date
* * * * * * *
Env-A 100 ........................ Definition of ‘‘Incinerator’’ 04/29/2003 02/16/2018, [Insert Fed- Remove Part Env–A 101.59, definition of
eral Register citation]. ‘‘Incinerator’’ and replace with ‘‘[re-
served].’’
Env-A 100 ........................ Definition of ‘‘Wood 04/29/2003 02/16/2018, [Insert Fed- Remove Part Env–A 101.95, definition of
Waste Burner’’. eral Register citation]. ‘‘Wood Waste Burner’’ and replace with
‘‘[reserved].’’
Env-A 100 ........................ Definition of ‘‘Incinerator’’ 04/23/2013 02/16/2018, [Insert Fed- Approve Part Env–A 101.104, definition
eral Register citation]. of ‘‘Incinerator.’’
Env-A 100 ........................ Definition of ‘‘Wood 01/14/2005 02/16/2018, [Insert Fed- Approve Part Env–A 101.219, definition
Waste Burner’’. eral Register citation]. of ‘‘Wood Waste Burner.’’
* * * * * * *
Env-A 1000 ...................... Control of Open Burning 05/01/2011 02/16/2018, [Insert Fed- Approve Part Env–A 1000 ‘‘Prevention,
eral Register citation]. Abatement and Control of Open
Source Air Pollution.’’
* * * * * * *
Env-A 1900 ...................... Emission Standards and 04/23/2013 02/16/2018, [Insert Fed- Approve Part Env–A 1900 ‘‘Incinerators
Operating Practices for eral Register citation]. and Wood Waste Burners.’’
Incinerators.
* * * * * * *
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.
* * * * * ENVIRONMENTAL PROTECTION SUMMARY: This regulation amends the
[FR Doc. 2018–03251 Filed 2–15–18; 8:45 am] AGENCY tolerances for residues of pendimethalin
BILLING CODE 6560–50–P in or on alfalfa, forage and alfalfa, hay.
40 CFR Part 180 BASF Corporation requested these
tolerances under the Federal Food,
[EPA–HQ–OPP–2014–0247; FRL–9973–03] Drug, and Cosmetic Act (FFDCA).
daltland on DSKBBV9HB2PROD with RULES
DATES: This regulation is effective
Pendimethalin; Pesticide Tolerances February 16, 2018. Objections and
AGENCY: Environmental Protection requests for hearings must be received
Agency (EPA). on or before April 17, 2018, and must
be filed in accordance with the
ACTION: Final rule.
instructions provided in 40 CFR part
VerDate Sep<11>2014 17:46 Feb 15, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\16FER1.SGM 16FER1](https://thefederalregister.org/doc/83_FR_7005/page/4.svg)
Document Created: 2018-02-16 00:55:17
Document Modified: 2018-02-16 00:55:17
| 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 March 19, 2018. | |
| 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 | 83 FR 6972 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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