[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Rules and Regulations]
[Pages 53926-53929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19123]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2012-0865; A-1-FRL-9950-60-Region 1]


Air Plan Approval; NH; Control of Volatile Organic Compound 
Emissions From Minor Core Activities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of New 
Hampshire on October 4, 2012. The revision clarifies Reasonably 
Available Control Technology (RACT) requirements as they apply to minor 
core activities of volatile organic compound (VOC) sources. The 
intended effect of this action is to approve these requirements into 
the New Hampshire SIP. This action is being taken in accordance with 
the Clean Air Act.

DATES: This direct final rule will be effective October 14, 2016, 
unless EPA receives adverse comments by September 14, 2016. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2012-0865 at http://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

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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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: David L. Mackintosh, Air Quality 
Planning Unit, U.S. Environmental Protection Agency, EPA New England 
Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), 
Boston, MA 02109-3912, tel. 617-918-1584, fax 617-918-0668, email 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. What action is EPA taking?
II. What is the background for this action?
III. What is EPA's evaluation of New Hampshire's submittal?
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is approving, and incorporating into the New Hampshire SIP, 
revised sections of New Hampshire's Chapter Env-A 1200 ``Volatile 
Organic Compounds (VOCs) Reasonably Available Control Technology 
(RACT),'' submitted by the New Hampshire Department of Environmental 
Services (NH DES) to EPA as a SIP revision on October 4, 2012. 
Specifically, EPA is approving New Hampshire's revised Env-A 1201.04 
``Exemptions: Conditions,'' revised Env-A 1203.38 definition of ``minor 
core activity,'' and revised Env-A 1222.01 ``Applicability Criteria for 
Miscellaneous and Multicategory Stationary VOC Sources.''

II. What is the background for this action?

    EPA has established, and periodically reviews and revises, the 
National Ambient Air Quality Standard (NAAQS) for ground-level ozone. 
On March 27, 2008 (73 FR 16436), EPA published a final rule for a new 
8-hour ozone standard of 0.075 parts per million (ppm). On May 21, 2012 
(77 FR 30088), EPA designated areas for the 2008 ozone NAAQS and 
designated New Hampshire as Unclassifiable/Attainment for the 2008 
ozone NAAQS. Subsequently, EPA revised the ozone NAAQS on October 26, 
2015 (80 FR 65292). EPA has not yet, however, issued designations for 
the 2015 ozone NAAQS.
    New Hampshire is also part of the Ozone Transport Region (OTR) 
under Section 184(a) of the Clean Air Act (CAA). Sections 182(b)(2) and 
184 of the CAA compel states with moderate and above ozone 
nonattainment areas, as well as areas in the OTR respectively, to 
submit a SIP revision requiring the implementation of RACT for sources 
covered by a Control Techniques Guideline (CTG) and for all major 
sources. A CTG is a document issued by EPA which establishes a 
``presumptive norm'' for RACT for a specific VOC source category.

III. What is EPA's evaluation of New Hampshire's submittal?

    EPA previously approved New Hampshire's Env-A 1200 on November 8, 
2012 (77 FR 66921). New Hampshire's October 4, 2012 submittal includes 
revisions to three sections of this regulation.
    Revised Env-A 1201.04 extends by one year, from June 1, 2012 until 
May 31, 2013, the option for a source to voluntarily restrict their 
emissions to remain below the relevant applicability threshold and thus 
not be subject to certain requirements. Specifically, this option 
applies to newly regulated source categories added to Env-A 1200 on 
June 1, 2011. The process shall be exempt if the owner or operator 
files an application for a permit before May 31, 2013 and accepts an 
enforceable permit that limits emissions below the relevant 
applicability threshold and contains the necessary testing and 
recordkeeping and reporting requirements to demonstrate compliance.
    Revised Env-A 1203.38 clarifies the definition of ``minor core 
activity'' as any core activity at a stationary source for which the 
VOC emissions from processes and devices are less than the relevant 
RACT threshold and less than 5 tons per consecutive 12-month period. 
The interpretation of the definition did not change but rather the 
language was revised to make the definition clearer.
    Lastly, in revised Env-A 1222.01, a prior exemption for minor core 
activities has been removed. Previously, minor core activities with VOC 
emissions less than 5 tons per consecutive 12 month period were exempt 
from New Hampshire's Env-A 1222 emission control and recordkeeping 
requirements. In the revised regulations, minor core activities are 
considered in a source's applicability determination and thus, may be 
subject to the emission control and recordkeeping requirements in Env-A 
1222.
    The three revisions discussed above serve to clarify the existing 
regulation and are not intended to significantly impact its original 
interpretation. New Hampshire's Env-A 1200 VOC RACT regulation remains 
consistent with the Clean Air Act and EPA guidance. Therefore, the 
revised provisions satisfy the anti-back sliding requirements in 
Section 110(l) of the CAA and EPA is approving these revised provisions 
into the New Hampshire SIP.

IV. Final Action

    EPA is approving, and incorporating into the New Hampshire SIP, 
revised sections of New Hampshire's Chapter Env-A 1200, ``Volatile 
Organic Compounds (VOCs) Reasonably Available Control Technology 
(RACT),'' submitted on October 4, 2012. Specifically, EPA is approving 
New Hampshire's revised Env-A 1201.04 ``Exemptions: Conditions,'' 
revised Env-A 1203.38 definition of ``minor core activity,'' and 
revised Env-A 1222.01 ``Applicability Criteria for Miscellaneous and 
Multicategory Stationary VOC Sources.''
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective October 
14, 2016 without further notice unless the Agency receives relevant 
adverse comments by September 14, 2016.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on October 14, 2016 and no further action will 
be taken on the proposed rule. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the

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remainder of the rule, EPA may adopt as final those provisions of the 
rule that are not the subject of an adverse comment.

V. 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 State 
of New Hampshire regulations described in the amendments to 40 CFR part 
52 set forth below. The EPA has made, and will continue to make, these 
documents generally available electronically through http://www.regulations.gov.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 14, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: August 1, 2016.
H. Curtis Spalding,
Regional Administrator, EPA New England.

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

PART 52--[AMENDED]

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(c), the table is amended by revising the entry for 
``Env-A 1200'' to read as follows:


Sec.  52.1520  Identification of plan.

* * * * *
    (c) * * *

                                     EPA-Approved New Hampshire Regulations
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                                                            State        EPA approval date
         State citation              Title/subject     effective date           \1\              Explanations
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                                                  * * * * * * *
Env-A 1200.....................  Volatile Organic            6/1/2011  8/15/2016 [Insert     Revised sections
                                  Compounds (VOCs)                      Federal Register      1201.04, 1203.38,
                                  Reasonably                            citation].            and 1222.01
                                  Available Control                                           approved in this
                                  Technology (RACT).                                          action.
 

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\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.

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[FR Doc. 2016-19123 Filed 8-12-16; 8:45 am]
 BILLING CODE 6560-50-P