[Federal Register Volume 84, Number 134 (Friday, July 12, 2019)]
[Proposed Rules]
[Pages 33198-33201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14838]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2019-0179; FRL-9996-36-Region 1]


Air Plan Approval; New Hampshire; Reasonably Available Control 
Technology Orders

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. These revisions consist of single-source Orders 
that New Hampshire adopted to meet reasonably available control 
technology requirements (RACT), and of requests made by New Hampshire 
to withdraw from its SIP a number of previously issued RACT Orders. 
This action is being taken under the Clean Air Act.

DATES: Written comments must be received on or before August 12, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2019-0179 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 http://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 Region 1 Regional 
Office, Air and Radiation Division, Air Quality Branch, 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 and Radiation Division (Mail Code 05-2), 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 Evaluation of New Hampshire's SIP Submittal
    1. Revised Single Source Order for Schiller Station
    2. Revised Single Source Order for Anheuser Busch
    3. Revised Single Source Order for Metal Works, Inc.
    4. Revised Single Source Order for Polyonics, Inc.
    5. Single Source Order for Complete Coverage Woodpriming, LLC

[[Page 33199]]

    6. Single Source RACT Order Withdrawals
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    Sections 172(c)(1) and 182(b)(2) of the Clean Air Act (CAA) require 
states to implement RACT in areas classified as moderate (and higher) 
non-attainment for ozone, while section 184(b)(1)(B) of the Act 
requires VOC RACT in states located in the Ozone Transport Region 
(OTR), and section 182(f) requires NOX RACT be adopted in 
the OTR. Per section 184(a) of the CAA, New Hampshire is a member state 
of the OTR. Areas subject to the RACT requirements of the CAA are 
required to implement RACT for all major emission sources of volatile 
organic compounds (VOCs) and nitrogen oxides (NOX) and for 
all sources covered by a Control Techniques Guideline (CTG). A CTG is a 
document issued by EPA which establishes a ``presumptive norm'' for 
RACT for a specific VOC source category. A related set of documents, 
Alternative Control Techniques (ACT) documents, exists primarily for 
NOX control requirements. States must submit rules, or 
negative declarations when no such sources exist for CTG source 
categories, but not for sources in ACT categories. However, RACT must 
be imposed on major sources of NOX, and some of those major 
sources may be within a sector covered by an ACT document.
    As part of its ongoing obligation to ensure that RACT requirements 
are in place for major sources in the State, New Hampshire submitted 
the following revisions to its SIP over the past year: A single-source 
Order containing NOX RACT requirements for the Anheuser 
Busch Company, submitted on April 27, 2018; a request to withdraw from 
the SIP previously issued Orders for the Waterville Valley Ski Resort 
and for the Public Service Company of New Hampshire, submitted on 
September 5, 2018; a single-source Order containing VOC RACT 
requirements for Metal Works Inc., submitted on September 6, 2018; a 
single-source Order containing NOX RACT requirements for the 
Schiller Station power plant, submitted on September 6, 2018; a single-
source Order containing VOC RACT requirements for Polyonics Inc., 
submitted on October 10, 2018; a request to withdraw from the SIP 
previously approved single-source Orders for the LW Packard Company, 
the Groveton Paperboard Company, and the Hampshire Chemical Company, 
submitted on January 8, 2019; and a single-source Order containing VOC 
RACT requirements for Complete Coverage Woodpriming, LLC, submitted on 
April 25, 2019.

II. Description and Evaluation of New Hampshire's SIP Revisions

1. Revised Single Source Order for Schiller Station

    On September 6, 2018, New Hampshire submitted NOX RACT 
Order RO-003 to establish NOX RACT requirements for the 
Schiller Station electric-power plant in Portsmouth, NH, as a SIP 
revision request. Order RO-003 contains NOX emission limits 
for two EGUs, referred to as SR4 and SR6 in the Order, which are EGUs 
that can be fueled by coal or oil. New Hampshire issued the Order to 
the facilities owner, Granite Shore Power, LLC, on September 6, 2018. 
Both EGUs are equipped with NOX emission-reduction controls 
consisting of low NOX burners, overfire air systems, and 
selective non-catalytic reduction (SNCR) systems. Prior to issuance of 
Order RO-003, these EGUs were subject to a NOX emission 
limit of 0.50 lbs per mmBTU based on a 24-hour calendar day average. 
Order RO-003 lowers that limit to 0.25 lbs per mmBTU based on a 24-hour 
calendar day average. New Hampshire set this emission rate to 
correspond with low emission rates that were historically achieved on 
days when the units operated for at least 18 hours. We are proposing 
approval of New Hampshire's revised NOX emission limits for 
units SR4 and SR6 as representing RACT for these EGUs.

2. Revised Single Source Order for Anheuser Busch

    On April 26, 2018, New Hampshire submitted a revision to a 
previously approved NOX RACT Order for Anheuser-Busch, LLC, 
in Merrimack, NH, as a SIP revision request. The revised Order, 
referred to as NOX RACT Order ARD-05-001, was last approved 
into the New Hampshire SIP on November 5, 2012 (77 FR 66388), and was 
re-issued with updates on January 17, 2018. The update consists of a 
revision to the testing requirements for two boilers at the facility 
such that future testing will be based on the fuel type that provided 
most of the heat input to each boiler over the previous 12 months. This 
is consistent with testing requirements that boilers are subject to 
pursuant to federal maximum achievable control technology (MACT) 
regulations. Additionally, this change will relieve the facility of 
testing requirements when burning fuels that are seldom used. For 
example, in some previous years, the boilers only burned oil during 
annual performance testing for that fuel. We have reviewed New 
Hampshire's changes to NOX RACT Order ARD-05-001 and agree 
that they are appropriate for this facility and are, therefore, 
proposing to approve the revised Order into the New Hampshire SIP.

3. Revised Single Source Order for Metal Works, Inc.

    On September 4, 2018, New Hampshire submitted a revision to a 
previously approved VOC RACT Order for Metal Works, Inc., in 
Londonderry, NH, as a SIP revision request. The revised Order, referred 
to as VOC RACT Order ARD-05-001, was last approved into the New 
Hampshire SIP on November 5, 2012 (77 FR 66388), and was re-issued with 
updates on August 16, 2018. Metal Works Inc. is a very small VOC source 
with emissions just above the three ton per year threshold. The 
revision made to its VOC RACT Order allows it to meet its RACT 
obligation via the purchase of emission reduction credits generated by 
other sources. New Hampshire estimates the source will need to make 
minimal credit purchases each year of approximately 0.5 to 1.0 tons. We 
have reviewed New Hampshire's revised VOC RACT Order for Metal Works 
Inc. and agree that it represents RACT for the facility. Therefore, we 
are proposing to approve it as a revision to the New Hampshire SIP.

4. Single Source Order for Polyonics, LLC

    On October 10, 2018, New Hampshire submitted RACT Order ARD07-004 
issued to Polyonics, Inc., located in Westmoreland, NH, as a SIP 
revision request. Three coating lines are used at the facility in the 
manufacture of pressure sensitive labeling materials, and VOC emissions 
from the lines are controlled by catalytic oxidizers. New Hampshire 
amended a previously issued RACT Order for the facility, which EPA 
approved into the NH SIP on November 5, 2012 (77 FR 66388), to allow 
the facility to generate and sell discrete emission reduction credits 
to other facilities in the State. We have reviewed New Hampshire's 
revised VOC RACT Order for Polyonics, Inc., and agree that it 
represents RACT for the facility. Therefore, we are proposing to 
approve it as a revision to the New Hampshire SIP.

5. Single Source Order for Complete Coverage Woodpriming, LLC

    On April 25, 2019, New Hampshire submitted RACT Order RO-0004 
issued

[[Page 33200]]

to Complete Coverage Woodpriming, LLC, in Allenstown, NH, as a SIP 
revision request. The facility applies primer and coatings to trim 
boards, clapboards, and other products in compliance with New 
Hampshire's regulation Env-A 1214, Flat Wood Paneling Coatings, except 
for one coating used as a stain blocker to prevent the tannic acid 
within knots from bleeding through and discoloring the finished 
product. The facility investigated use of a number of potential stain 
blockers to meet its needs and to comply with Env-A 1214 but could not 
find a satisfactory product. Considering this, New Hampshire issued 
RACT Order RO-0004, which specified a maximum emission limit of 2.96 
lbs VOC per gallon for stain block products. This will enable the 
facility to continue using the stain block that meets its performance 
specification needs. The facility is required to provide an annual 
report to New Hampshire describing its efforts to find a lower emitting 
stain block product.

6. Single Source RACT Order Withdrawals

    On August 16, 2018, New Hampshire submitted a request that a 
previously approved single-source RACT Order, Order ARD-95-003 issued 
to the Waterville Valley Ski Resort, be withdrawn from the SIP. EPA 
approved the RACT Order for the Waterville Valley Ski Resort on April 
9, 1997 (62 FR 17087) into the New Hampshire SIP. The Order contains 
NOX RACT requirements for internal combustion engines and 
residential boilers used at the time by the facility. After New 
Hampshire issued RACT Order ARD-95-003, the State issued a permit 
pursuant to Env-A 610, General State Permits and General Permits Under 
Title V, which contained requirements covering the internal combustion 
engines at the facility. The permit capped NOX emissions at 
less than 50 tons per year; the most recent NOX emissions 
data available from the facility indicated only 2.2 tons of 
NOX were emitted. Additionally, some of the equipment 
initially subject to the NOX RACT Order have been 
recategorized as emergency engines. New Hampshire reviewed the current 
equipment and permits issued to the facility and determined that the 
basis and conditions for the NOX RACT Order no longer exist, 
and, therefore, requested that the Order be withdrawn from the New 
Hampshire SIP.
    On January 8, 2019, New Hampshire submitted a request that three 
previously approved single-source RACT Orders be withdrawn from its 
SIP. These include: Order ARD-94-001, issued to the L.W. Packard 
Company; Order ARD-95-001, issued to Groveton Paperboard, Inc.; and 
Order ARD-95-011, issued to the Hampshire Chemical Corporation. EPA 
approved the RACT Order for L.W. Packard Company into the New Hampshire 
SIP on March 10, 1998 (63 FR 11600). The facility ceased operation in 
2008, and, therefore, New Hampshire requested the Order be withdrawn 
from its SIP. EPA approved the RACT Order for Groveton Paperboard, 
Inc., on April 9, 1997 (62 FR 17087), which also ceased operation in 
2008, and, therefore, New Hampshire requested the Order be withdrawn 
from its SIP. EPA approved the RACT Order for Hampshire Chemical 
Corporation on May 13, 1998 (63 FR 26455). The facility ceased 
operation in 2004, and, therefore, New Hampshire requested the Order be 
withdrawn from its SIP.
    On April 30, 2019, New Hampshire submitted a request that a 
previously approved single-source RACT Order for the Concord Litho 
Group be withdrawn from the SIP. EPA approved the Order, identified as 
Order ARD-07-003, into the New Hampshire SIP on August 21, 2014 (79 FR 
49462). The facility ceased operation in 2018, and, therefore, New 
Hampshire requested the Order be withdrawn from its SIP.

III. Proposed Action

    EPA is proposing to approve the following items into the New 
Hampshire SIP: A single-source NOX RACT Order for Schiller 
Station; a revised single-source NOX RACT Order for Anheuser 
Busch; a revised single-source VOC RACT Order for Metal Works, Inc.; a 
revised single-source VOC RACT Order for Polyonics, Inc.; and a single-
source VOC RACT Order for Complete Coverage Woodpriming, LLC. EPA also 
is proposing to withdraw from the New Hampshire SIP previously approved 
RACT Orders for the L.W. Packard Company; the Groveton Paperboard 
Company; the Hampshire Chemical Company; the Waterville Valley Ski 
Resort; and the Concord Litho Group, Inc. 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 the following items: A single-source NOX RACT 
order for Schiller Station; a single-source NOX RACT Order 
for Anheuser Busch; a single-source VOC RACT Order for Metal Works 
Inc.; a single-source VOC RACT Order for Polyonics, Inc.; and a single-
source VOC RACT Order for Complete Coverage Wood Priming, LLC. The EPA 
has made, and will continue to make, these documents generally 
available through https://www.regulations.gov and 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 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);

[[Page 33201]]

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

    Dated: July 3, 2019.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
[FR Doc. 2019-14838 Filed 7-11-19; 8:45 am]
BILLING CODE 6560-50-P