[Federal Register Volume 85, Number 127 (Wednesday, July 1, 2020)]
[Rules and Regulations]
[Pages 39489-39491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12957]



[[Page 39489]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2020-0029; FRL-10010-90-Region 1]


Air Plan Approval; New Hampshire; Single Source Order for PSI 
Molded Plastics

AGENCY: Environmental Protection Agency (EPA).

ACTION: 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. The revision consists of a single source Order that New 
Hampshire issued to PSI Molded Plastics defining reasonably available 
control technology (RACT) requirements for the facility. This action is 
being taken under the Clean Air Act.

DATES: This rule is effective on July 31, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2020-0029. 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 and facility closures due to COVID-19.

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 Comment
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On February 14, 2020, EPA published a Notice of Proposed Rulemaking 
(NPRM) (see 85 FR 8520) with an associated Direct Final Rule (DFR) (see 
85 FR 8408) for the State of New Hampshire. The DFR approved a single 
source RACT Order for PSI Molded Plastics in Wolfeboro, identified as 
RACT Order RO-0005. We received one, relevant adverse comment on that 
action, and so withdrew the DFR via a Withdrawal Notice published on 
April 10, 2020. See 85 FR 20165. 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. Our response to 
the adverse comment on the NPRM is summarized and responded to in 
section II below.

II. Response to Comment

    We received one relevant, adverse comment on the NPRM. A summary of 
the comment, and our response, follows.
    Comment: EPA must explain how this RACT bubble order complies with 
past EPA guidance. Particularly how allowing this bubble with a month 
long compliance time frame complies with guidance for VOCs that 
prescribes no longer than 24 hour averages. The attached guidance 
identifies four principles that must be honored and identifies a list 
of five items that, as the guidance specifically states, must be 
included in detail in the SIP submission. It does not appear EPA is 
following its own guidance in this case, please explain how the SIP 
submission identified, in detail, the list of five items to ensure 
compliance with this guidance.
    Response: First, we note that the commenter does not specify 
specific changes that should be made to the Order. The EPA guidance 
referenced by the commenter was issued on January 20, 1984, and is 
entitled, ``Averaging Times for Compliance with VOC Emission Limits--
SIP Revision Policy,'' herein referred to as the January 1984 guidance. 
A copy of this guidance is included within the Docket for this action. 
EPA created the January 1984 guidance to assist states that had 
nonattainment areas for the 1979 one-hour ozone standard with the 
development of VOC control requirements to help meet that standard. We 
note that New Hampshire's current obligation to implement RACT stems 
not from its status as a nonattainment area,\1\ but rather from its 
inclusion within the Ozone Transport Region established by section 184 
of the CAA. Although the January 1984 guidance was issued under a prior 
ozone standard, its general concepts are still applicable to the 
control of VOCs, and RACT Order RO-0005 issued by New Hampshire to PSI 
Molded Plastics adheres to the concepts espoused by that guidance. Put 
another way, EPA has determined that the SIP revision that we are 
approving with this final action comports with the guidance document 
cited by commenter.
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    \1\ EPA designated all portions of New Hampshire as attainment 
of the 2015 and 2008 ozone standards (see 82 FR 54232, and 77 FR 
30088, respectively).
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    The January 1984 guidance articulates a preference for short term, 
24-hour or less averaging times for VOC regulations, but acknowledges 
the use of longer time frames may be appropriate if certain conditions 
are met such as a demonstration that the application of RACT on each 
emission point, line, machine, etc, is not economically or technically 
feasible. The facility submitted documentation, which is included 
within the Docket, to New Hampshire that traditional VOC control 
options, such as the installation of capture and control systems, was 
not economically feasible. Therefore, RACT Order RO-0005 allows the 
facility to use a bubbling methodology with monthly averaging times \2\ 
and is consistent with the conditions outlined within EPA's January 
1984 guidance for when longer term averaging times should be 
considered. The commenter points to ``the list of five items to ensure 
compliance with the guidance.'' Presumably, this is a reference to the 
five items listed on page 3 of the January 1984 guidance. The Order for 
PSI Molded Plastics, which is included in the Docket for this action, 
is consistent with these 5 items in that it:
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    \2\ Although monthly averaging periods would for some months be 
31 days, EPA finds this is a minor acceptable accommodation since 
the Order comports with our guidance.
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    1. Contains VOC emission limits in an enforceable form (section D1 
of the order contains limits in units of lbs. of VOC per gallon of 
coating, as applied, excluding water and exempt compounds) with an 
appropriate compliance date (the Order was effective upon its issuance 
on 11/20/2019);
    2. Contains a description of affected processes (section C1 of the 
Order describes the affected metal and plastic parts coating process at 
the facility) and historical production and operating

[[Page 39490]]

rates (contained within support material submitted with the Order, 
which have been added the Docket);
    3. Contains a description of control techniques (sections D1-5 of 
the Order describe the applicable emission limits and compliance 
calculation methodologies the source is to follow);
    4. Contains a description of the nature of the control program 
(sections D1-5 provides that emissions be controlled by VOC content 
limits for coatings used by the facility), and;
    5. Outlines recordkeeping and reporting requirements that will be 
used to demonstrate compliance (Part 6 of the Order contains 
recordkeeping and reporting requirements).\3\ Therefore, as noted 
within our February 14, 2020 Direct Final Rule referenced above, we 
believe that New Hampshire's allowance for the facility to demonstrate 
compliance using a weighted averaging technique (bubble calculation) 
described within RACT Order RO-0005, on a monthly basis, is an 
acceptable, enforceable approach, and we are therefore approving the 
Order into the New Hampshire SIP. In conclusion, we note that the 1984 
guidance referenced by the commenter references 4 principles from which 
the 5 criteria mentioned above are derived. Since the SIP submittal 
addresses all 5 items, it therefore meets the 4 principles and thus 
comports with the guidance.
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    \3\ Item 5 also references a showing that the emission limits 
are consistent with the reasonable further progress plan and 
attainment demonstration, but as an attainment area, New Hampshire 
is not required to prepare those plans.
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III. Final Action

    We are approving a RACT Order RO-0005 for PSI Molded Plastics in 
Wolfeboro, into the New Hampshire SIP.

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 New 
Hampshire RACT Order RO-0005, dated November 20, 2019, 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 
https://www.regulations.gov (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.\4\
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    \4\ 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 August 31, 2020. 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, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.


[[Page 39491]]


    Dated: June 10, 2020.
Dennis Deziel,
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. In Sec.  52.1520, amend paragraph (d) by adding an entry in the 
table for ``PSI Molded Plastics'' at the end of the table, to read as 
follows:


Sec.  52.1520  Identification of plan.

* * * * *
    (d) * * *

                             EPA-Approved New Hampshire Source Specific Requirements
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                                                               State                              Additional
         Name of source                 Permit No.           effective     EPA approval date   explanations/Sec.
                                                               date               \2\           52.1535 citation
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                                                  * * * * * * *
PSI Molded Plastics.............  RO-0005...............      11/20/2019  7/1/2020 [Insert    VOC RACT Order.
                                                                           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. 2020-12957 Filed 6-30-20; 8:45 am]
BILLING CODE 6560-50-P