[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Rules and Regulations]
[Pages 59139-59141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20538]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2013-0260; A-1-FRL-9951-46-Region 1]


Air Plan Approval; New Hampshire; Approval of Single Source 
Orders

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the State of New 
Hampshire. The revisions consist of single source orders that establish 
reasonably available control technology for three sources of volatile 
organic compounds. This action is being taken in accordance with the 
Clean Air Act.

DATES: This direct final rule will be effective October 28, 2016, 
unless EPA receives adverse comments by September 28, 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-2013-0260 at http://www.regulations.gov, or via email to Anne 
Arnold at: [email protected]. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. For either manner of submission, the EPA may publish 
any comment received to its public docket. Do not submit electronically 
any information you consider to be Confidential Business Information 
(CBI) or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e. on the web, cloud, or other 
file sharing system). For additional submission methods, please contact 
the person identified in the For Further Information Contact section. 
For the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Bob McConnell, Environmental Engineer, 
Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02), 
U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, 
Suite 100, Boston, Massachusetts 02109-3912; (617) 918-1046; 
[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. Background and Purpose
II. Description and Evaluation of the State's Submittals
    1. Order for Parker-Hannifin Corporation
    2. Order for Textile Tapes Corporation
    3. Order for Watts Regulator Corporation
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    The New Hampshire Department of Environmental Services (NH DES) 
submitted to EPA the following three single source orders establishing 
reasonably available control technology (RACT) for sources of volatile 
organic compounds (VOCs) for incorporation into the New Hampshire SIP: 
RACT Order ARD-03-001A, issued to Parker-Hannifin Corporation, 
Chomerics Division, located in Hudson, New Hampshire, submitted to EPA 
on October 31, 2014; RACT Order ARD-96-001, issued to Textile Tapes 
Corporation located in Gonic, New Hampshire, submitted to EPA on July 
30, 2015; and RACT Order ARD-07-001, issued to Watts Regulator Company 
located in Franklin, New Hampshire, submitted to EPA on September 9, 
2015. A description of these submittals and our evaluation of them 
appears below in Section II of this document.

II. Description and Evaluation of the State's Submittals

1. Order for Parker-Hannifin Corporation

    The Parker-Hannifin Corporation, Chomerics Division, located in 
Hudson, New Hampshire, produces coated fabrics, films, and other 
substrates for use in the electronics industry. The NH DES previously 
issued VOC RACT Order ARD 03-001 to the facility on July 18, 2002, and 
EPA approved that order into the NH SIP on November 5, 2012. See 77 FR 
66388. NH DES re-issued the order for this facility as ARD 03-001A to 
allow for modifications to monitoring requirements, testing frequency, 
and determination of destruction and removal efficiency for a catalytic 
oxidizer operated by the facility to control air pollution. New 
Hampshire DES determined that these changes were appropriate after 
reviewing the performance history of the oxidizer. VOC RACT Order ARD 
03-001A was issued by the NH DES on October 22, 2014, and establishes 
enforceable requirements the facility must follow in order to control 
VOC emissions at the facility. The Order includes requirements for 
periodic monitoring of the catalytic oxidizer's performance, 
recordkeeping requirements, work practice standards, and allows the 
facility to generate and use discrete emission reduction credits.

2. Order for Textile Tapes Corporation

    The Textile Tapes Corporation operates a fabric coating and hot 
melt coating facility located in Gonic, New Hampshire. The NH DES 
previously issued VOC RACT Order ARD-96-001 to the facility, with a 
state effective date of August 10, 2007, which EPA approved into the 
New Hampshire SIP on November 5, 2012. See 77 FR 66388. Subsequently, 
the facility installed a new regenerative thermal oxidizer (RTO) to 
replace an existing unit at the facility. The updated VOC RACT order 
for the facility, ARD-96-001, as amended on July 30, 2015, contains an 
updated operating temperature for the new RTO. Additionally, the 
updated VOC RACT order provides a facility wide VOC emissions limit of 
24.9 tons on a 12 month rolling basis, which is a decrease from the 
previous limit of 63.8 tons. The updated order makes a number of 
editorial changes to reflect the current citations for New Hampshire's 
air pollution control regulations, includes requirements for monitoring 
and testing for the RTO, includes recordkeeping requirements, and 
allows the facility to generate and use discrete emission reduction 
credits.

3. Order for Watts Regulator Company

    The Watts Regulator Company manufactures equipment for the 
plumbing, heating, and water quality industries at a facility located 
in Franklin, New Hampshire. The NH DES previously issued VOC RACT Order 
ARD-07-001 to the facility, which was then operated under the name 
Webster

[[Page 59140]]

Valve Company, with a state effective date of March 21, 2007. EPA 
approved this order into the NH SIP on November 5, 2012. See 77 FR 
66388. NH DES amended the order for this facility in 2015 to reflect 
the pending applicability of a newly adopted state VOC regulation, Env-
A 1212, Miscellaneous Metal and Plastic Parts and Products Coating, to 
coatings used by the facility, and to include work practice standards 
to the order. The order includes recordkeeping requirements, and allows 
the facility to generate and use discrete emission reduction credits.
    EPA agrees with New Hampshire's updated RACT determinations for the 
three sources mentioned above, and is therefore removing the existing 
orders for these facilities from the New Hampshire SIP and replacing 
them with the updated orders described above. The updated orders we are 
approving are at least as stringent as the orders being replaced, and 
therefore meet the anti-backsliding requirements of section 110(l) of 
the CAA.

III. Final Action

    EPA is approving, and incorporating into the New Hampshire SIP, 
three single source orders that establish reasonably available control 
technology for the Parker-Hannifin Corporation, the Textile Tapes 
Corporation, and the Watts Regulator Company, and is removing 
previously approved orders for these three facilities from the New 
Hampshire SIP.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective October 
28, 2016 without further notice unless the Agency receives relevant 
adverse comments by September 28, 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 28, 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 remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of single 
source orders for the Parker Hannifin Corporation, Textile Tapes 
Corporation, and Watts Regulator Company, as described in the 
amendments to 40 CFR part 52 set forth below. The EPA has made, and 
will continue to make, these materials generally available through 
www.regulations.gov, and/or at the EPA Region 1 Office (please contact 
the person identified in the For Further Information Contact section of 
this preamble for more information).

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 (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. 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 non-agency 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 October 28, 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

[[Page 59141]]

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, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: August 15, 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(d), the table is amended by removing existing 
entries for Parker-Hanifan Corporation, Textile Tapes Corporation (2 
entries), and Webster Valve, and adding new entries for Parker-Hannifin 
Corporation, Textile Tapes Corporation, and Watts Regulator Company to 
the end of the table to read as follows:


Sec.  52.1520  Identification of plan.

* * * * *
    (d) EPA-approved State Source specific requirements.

                             EPA-Approved New Hampshire Source Specific Requirements
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                                                        State        EPA approval     Additional explanations/
        Name of source             Permit No.      effective date      date \2\        Sec.   52.1535 citation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Parker-Hannifin Corporation..  ARD 03-001A             10/22/2014  8/29/2016        VOC RACT Order.
                                                                    [Insert
                                                                    Federal
                                                                    Register
                                                                    citation].
Textile Tapes Corporation....  ARD-96-001               7/30/2015  8/29/2016        VOC RACT Order.
                                                                    [Insert
                                                                    Federal
                                                                    Register
                                                                    citation].
Watts Regulator Company......  ARD 07-001               8/21/2015  8/29/2016        VOC RACT Order.
                                                                    [Insert
                                                                    Federal
                                                                    Register
                                                                    citation].
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 * * * * * * *
\2\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

* * * * *
[FR Doc. 2016-20538 Filed 8-26-16; 8:45 am]
 BILLING CODE 6560-50-P