[Federal Register Volume 84, Number 177 (Thursday, September 12, 2019)]
[Rules and Regulations]
[Pages 48068-48071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19510]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2019-0179; FRL-9999-13-Region 1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: 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. These revisions consist of single source Orders that New 
Hampshire adopted to meet reasonably

[[Page 48069]]

available control technology (RACT) requirements, and 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: This rule is effective on October 15, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2019-0179. All documents in the docket 
are listed on the https://www.regulations.gov website. Although listed 
in the index, some information is not publicly available, i.e., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
internet and will be publicly available only in hard copy form. 
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, 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.

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

Table of Contents

I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On July 12, 2019 (84 FR 33198), EPA published a Notice of Proposed 
Rulemaking (NPRM) for the State of New Hampshire. The NPRM proposed 
approval of 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 Incorporated; a revised single 
source VOC RACT Order for Polyonics, Inc., and; a single source VOC 
RACT Order for Complete Coverage Woodpriming, LLC. EPA also proposed 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, Incorporated. We note that although our NPRM 
mentioned that New Hampshire's September 5, 2018 submittal request 
included a request to withdraw from the SIP two RACT orders previously 
issued to the Public Service Company of New Hampshire (PSNH), our NPRM 
did not propose action on that request. We will take action on the 
State's request regarding withdrawal of the RACT orders for PSNH in a 
future rulemaking. Other specific requirements of the State's 
submittals and the rationale for EPA's proposed action are explained in 
the NPRM and will not be restated here. We received one set of comments 
on the NPRM, which we have summarized and responded to in section II 
below.

II. Response to Comments

    We received one comment letter containing three comments on the 
NPRM. A summary of the comments, and our responses, follows.
    Comment 1: The RACT Order for the Metal Works facility should not 
be approved because, by definition, RACT is the lowest achievable 
emission limit capable of being met by application of technological and 
economical control technology. Purchasing of emission reduction credits 
is not an emission limit and thus cannot be approved as RACT. EPA has 
no precedent that allows this and directly goes against settled case 
law. RACT must be an emission limit, and that limit must be met with 
technologically and economically feasible control equipment.
    Response: Contrary to the commenter's assertion, EPA has long held 
that compliance with RACT can be achieved via the purchase of emission 
reduction credits (ERCs), and so does not need to be met exclusively by 
the establishment of emission limits applicable to all RACT-subject 
sources. In 1986, EPA issued its Emission Trading Policy Statement 
(ETPS). See 51 FR 43814; December 4, 1986. Subsequently, on April 7, 
1994, pursuant to Section 182(g)(4)(B) of the Clean Air Act, EPA 
promulgated its Economic Incentive Program (EIP) Rules (see 59 FR 
16690; April 7, 1994), and updated the EIP in 2001.\1\ The ETPS and the 
EIP rules contain guidelines for the generation and use of ERCs. In New 
Hampshire's case, although the state has adopted an emission credit 
trading rule, Env-A 3100, Discrete Emission Reduction Trading Program, 
we have not approved that rule into the New Hampshire SIP. Therefore, 
we evaluate the generation and use of ERCs for RACT compliance in New 
Hampshire on a case by case basis. See, for example, our final rule for 
New Hampshire from November 5, 2012 (77 FR 66391). In this particular 
case, we agree with New Hampshire's determination that the ERCs to be 
used by the Metal Works facility meet the key aspects of the ETPS and 
EIP rules, namely that they are surplus, enforceable, permanent, and 
quantifiable, and therefore are appropriate for use in trading to meet 
RACT requirements.
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    \1\ Improving Air Quality with Economic Incentive Programs; EPA-
452/R-01-001; January, 2001.
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    Comment 2: For Polyonics, EPA is proposing to establish the sale of 
emission reduction credits as representing RACT, but the sale of 
emission credits cannot possibly represent the application of 
technological and economically feasible control technology. The same 
emission limit that applied before the order was amended should 
``continue to represent RACT''
    Response: The commenter misinterprets our proposed action with 
regard to the Polyonics facility. The same emission limits within the 
pre-existing RACT order do continue to apply to the facility. The 
amendment to the Order just added the capability for the source to 
generate ERCs.
    Comment 3: For L.W. Packard, Groveton Paperboard, Hampshire 
Chemical Corp, and Concord Litho Group, EPA states that these 
facilities ``ceased operations'' as of various dates in the past. EPA 
must only allow removal of these orders if the state has fully 
rescinded their operating permits and the facilities are unable to be 
reactivated under their current Title V operating permit.
    Response: The Hampshire Chemical Corporation closed and surrendered 
its operating permit in 2004; the L.W. Packard Company and Groveton 
Paperboard both closed and surrendered their operating permits in 2008. 
On October 29, 2018, the Concord Litho Group requested that New 
Hampshire terminate its operating permit because it had ceased printing 
operations, which had been the subject of its operating permit 
requirements, and New Hampshire complied with that request. We note 
that our NPRM incorrectly indicated the facility had closed; other 
operations at the facility remain in

[[Page 48070]]

existence, but due to their minimal emissions do not require issuance 
of a state operating permit or RACT order from the State.

III. Final Action

    EPA is approving the following RACT orders and RACT order 
withdrawals as revisions to 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 Incorporated; a revised single source 
VOC RACT Order for Polyonics, Inc., and a single source VOC RACT Order 
for Complete Coverage Woodpriming, LLC. We are also withdrawing 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, Incorporated.

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 the 
following RACT Orders issued by New Hampshire: NOX RACT 
Order RO-003 for Schiller Station; NOX RACT Order ARD-05-001 
for Anheuser Busch; VOC RACT Order ARD-05-001 for Metal Works 
Incorporated; VOC RACT Order ARD 07-004 for Polyonics, Inc., and; VOC 
RACT Order RO-0004 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). Therefore, 
these materials have been approved by EPA for inclusion in the State 
implementation plan, have been incorporated by reference by EPA into 
that plan, are fully federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference in the next update to 
the SIP compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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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);
     Is not 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).
    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 November 12, 2019. 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. 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: August 28, 2019.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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. Section 52.1520(d) is amended by:

[[Page 48071]]

0
a. Removing the entries for ``Source specific NOX RACT order 
for Groveton Paperboard Corp., Groveton, NH''; ``Source specific 
NOX RACT order for Waterville Valley Ski Area Ltd., 
Waterville Valley, NH''; ``VOC RACT for L.W. Packard and Company, Inc. 
Ashland, NH''; ``Source specific NOX RACT order for 
Hampshire Chemical Corporation, Nashua, NH''; ``Concord Litho Group--
Permit No. ARD-07-003''; ``Metal Works''; ``Polyonics''; ``Anheuser 
Busch''; ``PSNH, Schiller Station''; and ``Concord Litho Group--Permit 
No. ARD-07-003A''; and b. Adding entries for ``Schiller Station''; 
``Anheuser Busch''; ``Metal Works''; ``Polyonics''; and ``Complete 
Coverage Woodpriming'' in numerical order.
    The additions read as follows:


Sec.  52.1520  Identification of plan.

* * * * *
    (d) * * *

                             EPA-Approved New Hampshire Source Specific Requirements
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                                                                                                  Additional
          Name of source                Permit No.           State       EPA approval date    explanations/Sec.
                                                        effective date          \2\            52.1535 citation
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                                                  * * * * * * *
Schiller Station.................  NOx RACT Order RO-         9/6/2018  9/12/2019 [Insert    Order contains NOx
                                    003.                                 Federal Register     emission limits
                                                                         citation].           for emission units
                                                                                              SR4 and SR6.
Anheuser Busch...................  NOx RACT Order ARD-       1/17/2018  9/12/2019 [Insert    Revisions made to
                                    05-001.                              Federal Register     testing
                                                                         citation].           requirements for
                                                                                              two boilers.
Metal Works......................  VOC RACT Order ARD-       8/16/2018  9/12/2019 [Insert    Order allows for
                                    05-001.                              Federal Register     compliance via
                                                                         citation].           purchase of
                                                                                              emission reduction
                                                                                              credits.
Polyonics........................  VOC RACT Order            8/28/2018  9/12/2019 [Insert    Order allows
                                    ARD07-004.                           Federal Register     facility to
                                                                         citation].           generate emission
                                                                                              reduction credits.
Complete Coverage Woodpriming....  VOC RACT Order RO-        3/14/2019  9/12/2019 [Insert    Order provides a
                                    0004.                                Federal Register     VOC content limit
                                                                         citation].           for stain blocker
                                                                                              used by the
                                                                                              facility.
 
                                                  * * * * * * *
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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.

* * * * *


Sec.  52.1525  [Amended]

0
3. In Sec.  52.1525, amend the table by removing the entries with the 
following State citation chapter: ``Order ARD-94-001''; ``Order ARD-95-
001''; ``Order ARD-95-003''; ``Order ARD-95-011''; and ``Order ARD-00-
001''.

[FR Doc. 2019-19510 Filed 9-11-19; 8:45 am]
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