[Federal Register Volume 62, Number 68 (Wednesday, April 9, 1997)]
[Rules and Regulations]
[Pages 17087-17093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9109]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FRL-5801-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Reasonably Available Control Technology for Nitrogen Oxides for the 
State of New Hampshire

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of New Hampshire. This revision establishes and 
requires Reasonably Available Control Technology (RACT) at stationary 
sources of nitrogen oxides (NOX). The intended effect of this 
action is to approve regulatory provisions and source specific orders 
which require major stationary sources of NOX to reduce their 
emissions statewide in accordance with requirements of the Clean Air 
Act.

DATES: This action is effective June 9, 1997, unless notice is received 
by May

[[Page 17088]]

9, 1997 that adverse or critical comments will be submitted. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director, 
Office of Ecosystem Protection (mail code CAA), U.S. Environmental 
Protection Agency, Region I, JFK Federal Building, Boston, MA 02203-
2211. Copies of the documents relevant to this action are available for 
public inspection during normal business hours, by appointment, at the 
Office Ecosytem Protection, U.S. Environmental Protection Agency, 
Region I, One Congress Street, 11th floor, Boston, MA; as well as the 
Air Resources Division, Department of Environmental Services, 64 North 
Main Street, Caller Box 2033, Concord, NH 03302-2033.

FOR FURTHER INFORMATION CONTACT: Steven A. Rapp, Environmental 
Engineer, Air Quality Planning Unit (CAQ), U.S. EPA, Region 1, JFK 
Federal Building, Boston, MA 02203-2211; (617) 565-2773; 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The Clean Air Act (CAA) requires that States develop Reasonably 
Available Control Technology (RACT) regulations for all major 
stationary sources of nitrogen oxides (NOX) in areas which have 
been classified as ``moderate,'' ``serious,'' ``severe,'' and 
``extreme'' ozone nonattainment areas, and in all areas of the Ozone 
Transport Region (OTR). EPA has defined RACT as the lowest emission 
limitation that a particular source is capable of meeting by the 
application of control technology that is reasonably available 
considering technological and economic feasibility (44 FR 53762; 
September 17, 1979). This requirement is established by sections 
182(b)(2), 182(f), and 184(b) of the CAA.
    These CAA NOX requirements are further described by EPA in a 
notice entitled, ``State Implementation Plans; Nitrogen Oxides 
Supplement to the General Preamble; Clean Air Act Amendments of 1990 
Implementation of Title I; Proposed Rule,'' published November 25, 1992 
(57 FR 55620). The November 25, 1992 notice, also known as the NOX 
Supplement, should be referred to for more detailed information on 
NOX requirements. Additional guidance memoranda which have been 
released by EPA should also be referred to for more information on 
NOX requirements.
    New Hampshire has three designated ozone nonattainment areas. 
First, the area which includes all of Merrimack County, part of 
Hillsborough County, and part of Rockingham County is classified as a 
marginal nonattainment area (see 40 CFR Part 81 for the list of 
affected towns). Second, all of Strafford County and part of Rockingham 
County is classified as a serious non-attainment area (see 40 CFR Part 
81, Sec. 81.330 for the list of affected towns). And third, the part of 
southern New Hampshire that is located within the Boston-Lawrence-Salem 
Consolidated Metropolitan Statistical Area (CMSA) is also classified as 
a serious nonattainment area (see 40 CFR Part 81, Sec. 81.330 for the 
list of affected towns). Additionally, section 184(a) of the CAA also 
defines an ozone transport region within the northeastern United 
States, which includes all of the State of New Hampshire.
    Section 182(b)(2) of the CAA requires States to require 
implementation of RACT with respect to all major sources of volatile 
organic compounds (VOCs). This RACT requirement also applies to all 
major sources in ozone nonattainment areas with higher than moderate 
nonattainment classifications. Section 182(f) states that, ``the plan 
provisions required under this subpart for major stationary sources of 
volatile organic compounds shall also apply to major stationary sources 
(as defined in section 302 and subsections (c), (d), and (e) of the 
section) of oxides of nitrogen.'' Additionally, section 184(b)(2) 
requires major stationary sources in the OTR to meet the requirements 
applicable to major sources if the area were classified as a moderate 
nonattainment area, unless already classified at a higher nonattainment 
level. These sections of the CAA, taken together, establish the 
requirements for New Hampshire to submit a NOX RACT regulation 
which covers major sources statewide.
    Section 302 of the CAA generally defines ``major stationary 
source'' as a facility or source of air pollution which has the 
potential to emit 100 tons per year or more of air pollution. This 
definition applies unless another provision of the CAA explicitly 
defines major source differently. Therefore, for NOX, a major 
source is one with the potential to emit 100 tons per year or more in 
marginal and moderate areas, as well as in attainment areas in the OTR. 
However, for serious nonattainment areas, a major source is defined by 
section 182(c) as a source that has the potential to emit 50 tons per 
year or more.
    In New Hampshire's Strafford County, in the part of Rockingham 
County that is classified as serious nonattainment, and in the Boston-
Lawrence-Salem CMSA, a major stationary source of NOX is a 
facility which has a potential to emit 50 tons per year or more of 
NOX. Such a facility is therefore subject to NOX RACT 
requirements. Throughout the rest of the State, a major stationary 
source of NOX is a facility with the potential to emit 100 tons or 
more per year of NOX. These sources would also be subject to 
NOX RACT requirements. Part Env-A 1211 and the source-specific 
NOX RACT determination, order number ARD-95-001 for Groveton 
Paperboard, Incorporated were submitted in response to the CAA 
requirement that RACT be required for all major sources of NOX.

II. State Submittal

    The New Hampshire Department of Environmental Services (New 
Hampshire or NHDES) submitted the NOX RACT program as a number of 
revisions to the New Hampshire State implementation plan (SIP). First, 
on June 17, 1994, NHDES submitted a revision consisting of amendments 
to Chapter Env-A 1200, specifically Part Env-A 1211, ``Nitrogen Oxides 
(NOX),'' which defines Reasonably Available Control Technology 
(RACT) requirements for sources of NOX. Part Env-A 1211 also 
contains ``Phase II NOX emission limits'' for certain types of 
utility boilers, which are required to be implemented by May 1, 1999.
    In addition to the general NOX RACT regulations in Part Env-A 
1211, on July 7, 1995, New Hampshire submitted a source specific 
NOX RACT determination for Groveton Paperboard, Incorporated, 
order number ARD-95-001, which covers processes subject to the 
miscellaneous NOX RACT provisions of Part Env-A 1211. On September 
18, 1995, New Hampshire submitted an emissions averaging plan, order 
number ARD-95-002, for Plymouth Cogeneration Limited Partnership, of 
Plymouth, New Hampshire. And similarly, on October 18, 1995, New 
Hampshire submitted an alternative NOX RACT determination for 
Waterville Valley Ski Area Limited Partnership, order number ARD-95-
003, as a revision to the SIP.
    In addition to these SIP submittals, on December 21, 1992, New 
Hampshire submitted Chapter Env-A 900, Part Env-A 901 to EPA as a 
proposed SIP revision, which includes sections Env-A 901.06, ``NOX 
Recordkeeping Requirements,'' and 901.07, ``NOX Reporting 
Requirements.'' Sections Env-A 1211.03 through Env-A 1211.13 reference 
the requirements of sections Env-A 901.06 and Env-A 901.07 as part of 
the recordkeeping and reporting

[[Page 17089]]

requirements for sources subject to NOX RACT.

III. Description of Submittal

    The following is a description of the changes being approved in 
this action. For a more detailed discussion of New Hampshire's 
submittal and EPA's proposed action, the reader should refer to the 
Technical Support Document developed as part of this action. Copies of 
the Technical Support Document are found at the previously mentioned 
addresses.

A. Part Env-A 1211

    New Hampshire's rule, Part Env-A 1211 Nitrogen Oxides is divided 
into twenty-two sections. Section 1211.01 defines terms used in the 
rule. Sections 1211.02 covers applicability of the regulation. 
Applicability is determined based on combined maximum heat input for 
each source type for: utility boilers, steam electric boilers, 
industrial boilers, stationary combustion turbines, stationary internal 
combustion engines, asphalt plant dryers, and incinerators. For 
wallboard dryers, calcining mills, calciners and gypsum rock dryers, as 
well as emergency generators, auxiliary boilers, load shaving units, 
and categories which fall under the definition of miscellaneous 
stationary source, emission units are subject to the rule if they are 
located at a facility which has potential NOX emissions greater 
than 50 tons per year since January 1, 1990. However, 1211.10.02 allows 
sources where actual emissions have not exceeded the major source 
threshold since 1990, to avoid the requirements of the regulation if 
the source has been issued a permit or consent order limiting their 
emissions to less than 50 tons per year.
    The New Hampshire NOX emission limits are specified in 
sections Env-A 1211.03 through Env-A 1211.13, for utility boilers, 
steam electric boilers, industrial boilers, stationary combustion 
turbines, stationary internal combustion engines, asphalt plant dryers, 
incinerators, wallboard manufacturing, as well as emergency generators, 
auxiliary boilers, load shaving units. Generally, the limits are at 
least as stringent as EPA's recommendations in the NOX Supplement. 
Although some of the individual limits are not as stringent, the 
statewide aggregate NOX reduction from a 1990 baseline achieved by 
all the limits together is greater than 35 percent. Therefore the 
regulations are approvable as RACT. For a more detailed discussion of 
the specific emission limitations and requirements in Part Env-A 1211, 
as well as EPA's analysis of those requirements, the reader should 
refer to the Technical Support Document developed as part of this 
action. Copies of the Technical Support Document are found at the 
previously mentioned addresses.
    Section 1211.14 defines the emission standards and control options 
for miscellaneous stationary sources. Section 1211.16 requires subject 
sources to submit a compliance schedule and requires such sources to 
install RACT by May 31, 1995. Section 1211.17 defines the requirements 
for the establishment of alternative RACT emission limits. Section 
1211.18 allows emissions averaging for multiple sources under common 
ownership located in New Hampshire. Section 1211.19 defines the 
procedure for the issuance of a RACT order.
    Section 1211.20 allows sources to reduce enough NOX during the 
ozone season to achieve an annual NOX reduction which is 
equivalent to the reduction which would be achieved by meeting a RACT 
limitation year-round. Generally this reduction is achieved by 
switching to a cleaner fuel during the ozone season (i.e., ``fuel 
switching''). The fuel-switching provisions of this rule are not a 
generic emissions averaging program, however. Therefore, section 
1211.20 requires that fuel-switching requests be approved as case-
specific SIP revisions.
    Section 1211.21 defines the NOX testing requirements. Section 
1211.22 defines the monitoring requirements for NOX RACT subject 
sources. NOX RACT recordkeeping and reporting requirements are 
defined throughout Env-A 1211, in combination with the requirements 
found in sections Env-A 901.06, ``NOX Recordkeeping 
Requirements,'' and Env-A 901.07, ``NOX Reporting Requirements.''
    Additionally, section Env-A 1211.15 requires the State to establish 
and implement ``Phase II NOX limits'' for all applicable sources, 
except as provided for in Env-A 1211.03(f), or unless shown to be 
unnecessary by airshed modeling. Env-A 1211.03(f) defines Phase II 
NOX limits and requires New Hampshire's Air Resource Division 
director to implement them for wet-bottom cyclone fired utility boilers 
with maximum net power output capacity greater than or equal to 320 
megawatts, no later than May 1, 1999.
    A public hearing was held on March 18, 1994 for these regulations.
    NHDES filed the regulation with the Director of Legislative 
Services on May 20, 1994, and they became effective on that date. On 
June 17, 1994, New Hampshire submitted their adopted regulation as a 
formal SIP submittal to EPA. After reviewing the regulations, EPA sent 
New Hampshire a letter on July 12, 1994, stating that the rule had been 
found to be administratively and technically complete.

B. Miscellaneous NOX RACT--Groveton Paperboard, Inc.

    Groveton Paperboard, Incorporated, of Groveton, New Hampshire, 
produces wood pulp using a soda-based semi-chemical process. Spent 
pulping chemicals are concentrated by evaporation and then burned in a 
refractory lined rotary kiln. This recovery kiln is subject to section 
Env-A 1211.14, ``Emission Standards and Control Options for 
Miscellaneous Stationary Sources.'' Order number ARD-95-001 defines 
NOX RACT for the kiln, including the use of their current control 
technology (i.e., process and combustion controls, Venturi scrubber, 
and wet electrostatic-precipitator), combined with limits on fuel 
usage: (a) black liquor solids, 16.5 gallons per minute; (b) #2 fuel 
oil, 2,160 gallons per day, at 0.4% sulfur by weight; (c) #6 fuel oil, 
393 gallons per day, at 2.2% sulfur. The order also sets daily 
monitoring, record-keeping, and reporting, as well as the testing 
requirements of Env-A 1211.21(b).
    A public hearing was held on April 11, 1995 and the final order was 
issued on May 10, 1995, and became effective on that date. Region I 
received the SIP submittal for Groveton Paperboard on July 7, 1995 and 
determined the submittal to be administratively and technically 
complete on September 12, 1995.

C. Emissions Averaging Plan--Plymouth Cogeneration, Ltd.

    Plymouth Cogeneration Limited Partnership (PCLP), operates a 
cogeneration plant, i.e., a facility which produces both electricity 
and steam or hot water for commercial purposes, in Plymouth, New 
Hampshire. Order number ARD-95-002 allows PCLP to average emissions on 
a daily basis between a 1.2 megawatt (MW) diesel-fired electric 
generator, equipped with a selective catalytic reduction (SCR) unit, 
and a 1.3 MW diesel-fired generator in order to meet the NOX 
emission limitations of section Env-A 1211.07 and Env-A 1211.13, 
respectively.
    On July 25 and 26, 1995, New Hampshire held public hearings on the 
proposed order. The final order was issued on September 12, 1995, and 
became effective on that date. On September 18, 1995, New Hampshire 
submitted an alternative RACT determination for Plymouth Cogeneration 
Limited Partnership. On January 22, 1996, EPA deemed the

[[Page 17090]]

submittal to be administratively and technically complete.

D. Alternative NOX RACT--Waterville Valley Ski Area, Ltd.

    Waterville Valley Ski Area Limited Partnership (WVLP) owns and 
operates a ski area in Waterville Valley, New Hampshire, which includes 
NOX emitting equipment utilized for snow production, building 
heating, and emergency services. Order number ARD-95-003, as revised 
September 19, 1995, requires no controls on the 19 residential boilers, 
but requires WVLP to remove all existing Catepillar IC engines and all 
I-R IC engines and replace them with electric compressors. For the 
three remaining Cummins diesel-fired engines (#4, #5, and #6), the 
order requires these engines to comply with the hourly emission limits 
of section Env-A 1211.07(c)(2)(b).
    However, due to cost of the compressor replacement, the alternative 
RACT determination allows a relaxation of the annual testing 
requirements for the 3 remaining internal combustion (IC) engines. 
Therefore, for 3 remaining Cummins IC engines (#4, #5, & #6), the final 
order requires that a different Cummins engine be tested at least once 
every three years so that eventually, each engine is tested. Also, in 
lieu of testing these units, the order allows WVLP to use the results 
of emissions tests conducted on a specific engine at another location 
within previous 3 years. This is necessary since these engines are 
leased and frequently rotated for routine maintenance or to be used at 
other customers.
    New Hampshire held a public hearing on July 26, 1995, and the final 
order was issued on September 19, 1995, and became effective on that 
date. On October 18, 1995, New Hampshire submitted an alternative 
NOX RACT determination for Waterville Valley as a revision to the 
SIP. On January 22, 1996, EPA deemed the submittal to be 
administratively and technically complete.

E. NOX Recordkeeping and Reporting--Env-A 901.06, Env-A 901.07

    On December 21, 1992, New Hampshire submitted to EPA a number of 
amendments to Chapter Env-A 900, including Parts 901-903, as part of a 
package of regulations intended to fulfill the requirements concerning 
emission statements in section 182(c)(3)(B) of the Clean Air Act. Part 
Env-A 1211 references the requirements found in sections Env-A 901.06, 
``NOX Recordkeeping Requirements,'' and Env-A 901.07, ``NOX 
Reporting Requirements'' as applicable NOX RACT requirements as 
well. These regulatory sections, in combination with the other 
recordkeeping and reporting requirements throughout Part Env-A 1211, 
constitute adequate NOX RACT recordkeeping and reporting 
provisions.
    New Hampshire held a public hearing on the amendments to Chapter 
Env-A 900, including sections Env-A 901.06 and 901.07, on June 18, 
1992. The regulations were adopted by the State on November 13, 1992. 
On February 19, 1993, EPA deemed the submittal administratively and 
technically complete.

F. Phase II NOX Limits

    Section Env-A 1211.15 states that unless EPA approves an attainment 
demonstration for New Hampshire which has shown by modelling that 
beyond-RACT NOX reductions are not needed, New Hampshire's Air 
Resources Division (NHARD) Director will establish and implement 
``Phase II NOX limits'' for all applicable sources, except as 
provided for in Env-A 1211.03(f). Env-A 1211.03(f) requires the NHARD 
Director to implement Phase II NOX emission limits for wet-bottom 
cyclone fired utility boilers with maximum net power output capacity 
greater than 320 MW no later than May 1, 1999. After that date, such 
boilers are required at all times to meet the equivalent of the 
following NOX limits: (1) for boilers firing coal, or any 
combination of fuels with coal, a maximum daily emission of 15.4 tons; 
and, (2) for boilers firing any fuel or fuels, excluding coal, a 
maximum daily emissions of 3.8 tons. The limit of 15.4 tons per day 
represents a NOX reductions beyond the requirements for RACT. 
Therefore, these limits are approvable as strengthening the SIP.

IV. Issues

    There are two issues associated with this rulemaking action. The 
first issue is related to the miscellaneous RACT provisions of Part 
Env-A 1211. In addition to the regulations in Part Env-A 1211, New 
Hampshire has indicated that they have three sources with processes 
subject to the miscellaneous NOX RACT provisions of the rule: 
Groveton Paperboard, of Groveton; Hampshire Chemical, of Nashua; and, 
Crown Vantage Corporation, of Berlin. Region I received the SIP 
submittal for Groveton Paperboard on July 7, 1995 and is approving that 
submittal in this action. However, New Hampshire has not yet submitted 
SIP revisions for Hampshire Chemical or Crown Vantage.
    EPA believes that Part Env-A 1211 is still fully approvable as 
meeting the requirements of the CAA for several reasons. First, on 
November 7, 1996 EPA issued a RACT policy memorandum 1 which 
allows full approval for regulations which contain generic RACT 
provisions (e.g., Section Env-A 1211.14. for miscellaneous NOX 
RACT sources), without requiring the submission of all of the adopted 
RACT limits, where certain conditions are met. Basically, the generic 
RACT policy states that the generic portion of the NOX RACT rule 
can be fully approved if the NOX emissions from the outstanding 
RACT determinations are, not from an electric utility source and, they 
constitute less than 5% of the overall non-utility NOX emissions 
(i.e., a ``de minimis'' level of emissions). In the case of New 
Hampshire's Part Env-A 1211, the emissions remaining to be covered by 
the miscellaneous RACT determinations (i.e., Hampshire Chemical's kilns 
and oil heater and, Crown Vantage's lime kiln, space heaters, and 
dryer) constitute less than 1% percent of New Hampshire's baseyear non-
utility NOX emissions. Therefore, these remaining emission units 
can be considered de minimis, as described in EPA's generic RACT policy 
memorandum.
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    \1\  On November 7, 1996, Sally Shaver, Director of EPA's Air 
Quality Strategies and Standards Division issued a policy memorandum 
entitled, ``Approval Options for Generic RACT Rules Submitted to 
Meet the non-CTG VOC RACT Requirements and Certain NOX RACT 
Requirements.''
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    Second, the NOX Supplement explicitly encourages States to 
structure their RACT requirements to inherently incorporate an 
emissions averaging concept, e.g., installing more stringent controls 
on some units in exchange for less stringent controls on other units 
(see 57 FR 55625). In other words, the NOX Supplement encourages 
States to structure NOX RACT requirements around an areawide 
aggregate NOX reduction. EPA also issued a policy memorandum which 
discusses an acceptable aggregate RACT reduction of 30 to 50 percent 
NOX reduction from a 1990 baseline. 2 The NOX emission 
limits in Env-A 1211 and the miscellaneous NOX RACT order for 
Groveton Paperboard achieve greater than a 35 percent statewide 
aggregate reduction in NOX from a 1990 baseline at RACT subject 
sources, with or without any additional reduction from the remaining 
emission units.
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    \2\ Memorandum from D. Kent Berry, Acting Director of the Air 
Quality Management Division of the Office of Air Quality Planning 
and Standards, to the Air Quality Directors of EPA's Regional 
Offices, entitled, ``Cost-Effective Nitrogen Oxides (NOX) 
Reasonably Available Control Technology (RACT), March 14, 1994.''
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    Finally, section Env-A 1211.14 requires a facility owner subject to 
the

[[Page 17091]]

miscellaneous RACT provisions to apply and obtain a RACT order. 
Approval of this regulation into the SIP will continue to obligate the 
regulated sources to apply for and implement NOX RACT and, for the 
State to make a RACT determination for the remaining two miscellaneous 
NOX RACT orders as expeditiously as practicable. Furthermore, 
approval of section Env-A 1211 into the SIP will also provide for 
enforceability of these requirements by EPA and citizens groups under 
section 304 of the CAA. Additionally, as described in EPA's November 7, 
1996 generic RACT guidance, if EPA later determines that the sources 
remain unregulated, EPA could issue a SIP call or possibly a finding of 
failure to implement the SIP. Therefore, EPA believes the regulations 
are fully approvable as meeting the NOX RACT requirements of the 
CAA.
    The second issue is related to the NOX recordkeeping and 
reporting provisions of Part Env-A 1211. Basically, Part Env-A 1211 
cross-references sections Env-A 901.06 ``NOX Recordkeeping 
Requirements'' and Env-A 901.07 ``NOX Reporting Requirements'' as 
part of the applicable requirements for NOX RACT subject sources. 
However, sections Env-A 901.06 and Env-A 901.07 were part of a package 
of regulations for which EPA proposed a limited approval/limited 
disapproval on September 20, 1994, primarily because the package did 
not require sufficient recordkeeping and reporting from certain VOC 
sources.
    For the purposes of assuring compliance with the NOX RACT 
limits of Env-A 1211, however, EPA considers sections Env-A 901.06 and 
Env-A 901.07 fully approvable as part of the NOX RACT regulations. 
This approval is not intended to affect EPA's September 20, 1994 
proposed action concerning the approvability of emission statement 
requirements in New Hampshire. The State must still address the 
deficiencies outlined in the September 20, 1994 Federal Register 
notice.

V. Final Action

    EPA review of the NOX RACT SIP submittals, including the 
NOX RACT regulations Part Env-A 1211, the NOX recordkeeping 
and reporting requirements found in sections Env-A 901.06 and Env-A 
901.07, and the miscellaneous NOX RACT for Groveton Paperboard 
Company, indicates that New Hampshire has sufficiently defined the 
NOX RACT requirements for the State. Therefore, EPA is approving 
Part Env-A 1211, sections Env-A 901.06 and Env-A 901.07, and the 
source-specific NOX RACT order, ARD-95-001, for Groveton 
Paperboard, as meeting the NOX RACT requirements of the Clean Air 
Act. EPA is also approving: the emissions averaging plan for Plymouth 
Cogeneration Limited Partnership, order number AED-95-002; and, the 
alternative NOX RACT for Waterville Valley Ski Area Limited 
Partnership, order number ARD-95-003, as revisions to the New Hampshire 
SIP at this time. New Hampshire must still submit adopted NOX RACT 
limits for miscellaneous NOX emitting equipment at Crown Vantage 
Corporation and Hampshire Chemical Company for EPA approval.
    EPA is publishing this action without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective June 9, 1997 unless adverse or critical comments are received 
by May 9, 1997.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by simultaneously publishing a subsequent 
notice that will withdraw the final action. All public comments 
received will then be addressed in a subsequent final rule based on 
this action serving as a proposed rule. The EPA will not institute a 
second comment period on this action. Any parties interested in 
commenting on this action should do so at this time. If no such 
comments are received, the public is advised that this action will be 
effective on June 9, 1997.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any State implementation plan. Each request for revision to 
the State implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

VI. Administrative Requirements

A. Executive Order 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 600 et. seq., 
EPA must prepare a regulatory flexibility analysis assessing the impact 
of any proposed or final rule on small entities. 5 U.S.C. Secs. 603 and 
604. Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP approval does not impose any new requirements, the 
Administrator certifies that it does not have a significant impact on 
any small entities affected. Moreover, due to the nature of the 
Federal-State relationship under the CAA, preparation of a flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under Sections 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under Section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
Federal requirements. Accordingly, no additional costs to State, local, 
or tribal governments, or to

[[Page 17092]]

the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under section 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 
section 804(2).

E. Petitions for Judicial Review

    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 June 9, 1997. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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).) EPA encourages 
interested parties to comment in response to the proposed rule rather 
than petition for judicial review, unless the objection arises after 
the comment period allowed for in the proposal.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements.

    Note: Incorporation by reference of the State Implementation 
Plan for the State of New Hampshire was approved by the Director of 
the Federal Register on July 1, 1982.

    Dated: March 8, 1997.
John P. DeVillars,
Regional Administrator, Region I.

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

PART 52--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7671q.

Subpart EE--New Hampshire

    2. Section 52.1520 is amended by adding paragraph (c)(49) and 
(c)(50) to read as follows:


Sec. 52.1520  Identification of plan.

* * * * * *
    (c) * * *
    (49) Revisions to the State Implementation Plan submitted by the 
New Hampshire Air Resources Division on June 17, 1994, and December 21, 
1992.
    (i) Incorporation by reference.
    (A) Letters from the New Hampshire Air Resources Division dated 
June 17, 1994, and December 21, 1992, submitting revisions to the New 
Hampshire State Implementation Plan.
    (B) Regulations Chapter Env-A 1200, Part Env-A 1211, ``Nitrogen 
Oxides (NOX),'' effective on May 20, 1994, and Chapter Env-A 900, 
Part Env-A 901, sections Env-A 901.06 ``NOX Recordkeeping 
Requirements,'' and Env-A 901.07, ``NOX Reporting Requirements,'' 
effective on November 13, 1992.
    (50) Revisions to the State Implementation Plan submitted by the 
New Hampshire Air Resources Division on July 7, 1995, September 18, 
1995, and October 18, 1995.
    (i) Incorporation by reference.
    (A) Letters from the New Hampshire Air Resources Division dated 
July 7, 1995, September 18, 1995, and October 18, 1995, submitting 
revisions to the New Hampshire State Implementation Plan.
    (B) New Hampshire NOX RACT Order ARD-95-001, concerning 
Groveton Paperboard Corporation, effective on May 10, 1995.
    (C) New Hampshire NOX RACT Order ARD-95-002, concerning 
Plymouth Cogeneration Limited Partnership, effective September 12, 
1995.
    (D) New Hampshire NOX RACT Order ARD-95-003, concerning 
Waterville Valley Ski Area Limited, effective September 19, 1995.
    For the State of New Hampshire:
    3. In Sec. 52.1525 Table 52.1525 is amended by adding new entries 
in numerical order to existing state citations ``Chapter Env-A 900, 
Part Env-A 901, section Env-A 901.06,'' and, ``Chapter 900, Part Env-A 
901, section Env-A 901.07;'' and, by adding new state citations for 
``Chapter Env-A 1200, Part Env-A 1211,'' ``Order ARD-95-001,'' ``Order 
ARD-95-002,'' and, ``Order ARD-95-003,'' to read as follows:


Sec. 52.1525    EPA--approved  New Hampshire state regulations.

* * * * *

                                            Table 52.1525--EPA--Approved Rules and Regulations--New Hampshire                                           
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Date                                                                                       
          Title/subject               State citation      adopted by    Date approved by     Federal Register         52.1520              Comments     
                                          chapter           State             EPA                citation                                               
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Record keeping requirements......  CH air 900, Part Env-    11/13/92  April 9, 1997......  62 FR 17092........  (c)(49)............  Adds NOX record    
                                    A 901, section Env-                                                                               keeping           
                                    A 901.06.                                                                                         requirements.     
Reporting requirements...........  CH air 900, Part Env-    11/13/92  April 9, 1997......  62 FR 17092........  (c)(49)............  Adds NOX reporting 
                                    A 901, section Env-                                                                               requirements.     
                                    A 901.07.                                                                                                           
Nitrogen oxides emission limits..  CH air 1200 Part Env-     5/20/94  April 9, 1997......  62 FR 17092........  (c)(49)............  Adds NOX RACT      
                                    A 1211.                                                                                           requirements.     
Source specific order............  Order ARD-95-001....      5/10/95  April 9, 1997......  62 FR 17092........  (c)(50)............  Source specific NOX
                                                                                                                                      RACT order for    
                                                                                                                                      Groveton          
                                                                                                                                      Paperboard        
                                                                                                                                      Corporation, in   
                                                                                                                                      Groveton, NH.     

[[Page 17093]]

                                                                                                                                                        
Source specific order............  Order ARD-95- 002...      9/12/95  April 9, 1997......  62 FR 17093........  (c)(50)............  Source specific NOX
                                                                                                                                      RACT order for    
                                                                                                                                      Plymouth          
                                                                                                                                      Cogeneration      
                                                                                                                                      Limited           
                                                                                                                                      Partnership, in   
                                                                                                                                      Plymouth, NH.     
Source specific order............  Order ARD-95-003....      9/19/95  April 9, 1997......  62 FR 17093........  (c)(50)............  Source specific NOX
                                                                                                                                      RACT order for    
                                                                                                                                      Waterville Valley 
                                                                                                                                      Ski Area Limited, 
                                                                                                                                      in Waterville     
                                                                                                                                      Valley, NH.       
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
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[FR Doc. 97-9109 Filed 4-8-97; 8:45 am]
BILLING CODE 6560-50-P