[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)]
[Proposed Rules]
[Pages 31513-31514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14371]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0442; FRL-9980-11--Region 1]


Air Plan Approval; New Hampshire; Action on Single Source Orders 
and Revision to Definitions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve State Implementation Plan (SIP) revisions submitted by the 
State of New Hampshire. The revisions incorporate a single source order 
into the New Hampshire SIP, remove a previously approved order from the 
SIP, and approve various definitions used within New Hampshire's air 
pollution control regulations. This action is being taken under the 
Clean Air Act.

DATES: Written comments must be received on or before August 6, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2017-0442 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit www.epa.gov/dockets/commenting-epa-dockets. Publicly available 
docket materials are available at https://www.regulations.gov or at the 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post 
Office Square--Suite 100, Boston, MA. EPA requests that if at all 
possible, you contact the contact listed in the FOR FURTHER INFORMATION 
CONTACT section to schedule your inspection. The Regional Office's 
official hours of business are Monday through Friday, 8:30 a.m. to 4:30 
p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Bob McConnell, Environmental Engineer, 
Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02), 
U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, 
Suite 100, Boston, Massachusetts, 02109-3912; (617) 918-1046; 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Description and Review of Submittals
    a. Order for the Diacom Corporation
    b. Withdrawal of Order for the Kalwall Corporation
    c. Revisions to Env-A 101, Definitions
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On July 24, 2017, the New Hampshire Air Resources Division (ARD) 
submitted a revision to its SIP consisting of an order establishing 
reasonably available control technology (RACT) requirements for the 
Diacom Corporation. On June 22, 2017, the New Hampshire ARD submitted a 
SIP revision that requested removal from the SIP of a previously 
approved RACT order for the Kalwall Corporation. On November 14, 2003, 
the New Hampshire ARD submitted a number of SIP revision requests to 
EPA, including a request to revise its set of definitions used within 
its air pollution control regulations. We are proposing to approve 
these three SIP revision requests for the reasons stated below.

II. Description and Review of Submittals

a. Order for the Diacom Corporation

    On July 24, 2017, the New Hampshire ARD submitted to EPA as a SIP 
revision request order RO-0002 establishing RACT requirements to limit 
emissions of volatile organic compounds (VOCs) for the Diacom 
Corporation located in Amherst, New Hampshire. The Diacom Corporation 
requested a source-specific RACT order for VOCs for an adhesives 
process that requires use of a high solvent-based product necessary to 
obtain an extremely thin, mono-molecular layer of adhesive onto fabrics 
used in the production of diaphragms for the aerospace, automotive, 
medical, and food processing industries. Diacom's request included a 
technical justification and an evaluation of capture and control device 
technologies that were evaluated. No cost effective capture and control 
technologies were uncovered from the evaluation. New Hampshire reviewed 
and concurred

[[Page 31514]]

with the facilities request, and on June 28, 2017, issued Order No. RO-
0002 to the Diacom Corporation. Order No. RO-0002 includes a 15 tons 
per year cap for VOC emissions, a VOC content limit for adhesives used 
by the facility, requirements for how the adhesives shall be applied, 
work practice standards, and recordkeeping and reporting requirements. 
We are proposing approval of the order into the New Hampshire SIP 
because it is consistent with CAA requirements for VOC RACT and with 
New Hampshire's Chapter Env-A 1200, VOC RACT regulation.

b. Withdrawal of Order for the Kalwall Corporation

    New Hampshire ARD previously submitted, and EPA previously 
approved, a VOC RACT order for the Kalwall Corporation. See 63 FR 
11600, March 10, 1998. More recently, EPA approved a minor update to 
this order, referred to by NH ARD as order ARD-99-001, on November 5, 
2012. See 77 FR 66388. Subsequently, NH ARD adopted VOC control 
requirements within Env-A 1200 that regulate the activity described 
within the previously approved VOC RACT order. On June 22, 2017, the NH 
ARD submitted a SIP revision requesting that the previously approved 
order for the Kalwall Corporation be removed from the New Hampshire 
SIP. New Hampshire's submittal indicated this request was made 
primarily because requirements within Env-A 1212, Miscellaneous Metal 
and Plastic Parts and Products, which EPA approved into the New 
Hampshire SIP on November 8, 2012 (77 FR 66922), cover all of the 
coating and adhesives emission limits contained within Kalwall's VOC 
RACT order. Therefore, New Hampshire ARD requested that the VOC RACT 
order issued to Kalwall Corporation be removed from the SIP. We are 
proposing approval of the State's request.

c. Revisions to Env-A 101, Definitions

    On November 14, 2003, the New Hampshire ARD submitted a number of 
SIP revision requests to EPA that included revisions to Env-A 101, 
Definitions. Although New Hampshire ARD subsequently withdrew the 
majority of the SIP revision requests made on November 14, 2003, the 
request to amend Env-A 101, Definitions, was not withdrawn, and we are 
proposing to approve that request within this action. The revision 
consists of the addition of definitions for the terms coal, 
consignment, crude oil, major fuel company, manufactured gas, and used 
oil, and minor revisions to the existing definitions for acute fuel 
shortage, blended fuel, conforming fuel, fuel supplier, and major fuel 
company. These revisions help to clarify the meaning of these terms as 
used within New Hampshire's air pollution control regulations and 
therefore we are proposing approval of them into the SIP-approved 
version of New Hampshire's Env-A 101, Definitions.

III. Proposed Action

    EPA is proposing to approve the New Hampshire SIP revision requests 
described above. The SIP revisions meet section 110(l) of the CAA 
because the revisions will not interfere with any applicable 
requirement concerning attainment and reasonable further progress, or 
any other applicable requirement of the CAA. EPA is soliciting public 
comments on the issues discussed in this notice or on other relevant 
matters. These comments will be considered before taking final action. 
Interested parties may participate in the Federal rulemaking procedure 
by submitting written comments to this proposed rule by following the 
instructions listed in the ADDRESSES section of this Federal Register.

IV. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference order RO-0002, dated June 28, 2017, issued to the Diacom 
Corporation, and the eleven definitions identified within section III 
of this proposal. The EPA has made, and will continue to make, these 
documents generally available through www.regulations.gov.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely approves state law as meeting 
Federal requirements and does not impose additional requirements beyond 
those imposed by state law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     This action is not expected to be an Executive Order 13771 
regulatory action because this action is not significant under 
Executive Order 12866.
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

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

    Dated: June 28, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
[FR Doc. 2018-14371 Filed 7-5-18; 8:45 am]
 BILLING CODE 6560-50-P