[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Rules and Regulations]
[Pages 9401-9403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02291]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2022-0866; FRL-10415-02-R1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of New 
Hampshire. This revision establishes reasonably available control 
technology (RACT) requirements for Fujifilm Dimatix Incorporated 
located in Lebanon, NH. The intended effect of this action is to 
approve the state's order for this facility into the New Hampshire SIP. 
This action is being taken in accordance with the Clean Air Act (CAA).

DATES: This rule is effective on March 16, 2023.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2022-0866. 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., 
Confidential Business Information (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

[[Page 9402]]

4:30 p.m., excluding legal holidays and facility closures due to COVID-
19.

FOR FURTHER INFORMATION CONTACT: Michele Kosin, Physical Scientist, Air 
Quality Planning Unit, Air Programs Branch (Mail Code OEP5-MI), U.S. 
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 
100, Boston, Massachusetts 02109-3912; (617) 918-1175; 
[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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On November 15, 2022 (87 FR-68415), EPA published a notice of 
proposed rulemaking (NPRM) for the State of New Hampshire. The NPRM 
proposed approval of revisions to the New Hampshire SIP consisting of 
an order establishing reasonably available control technology (RACT) 
requirements to limit emissions of volatile organic compounds (VOCs) 
for Fujifilm Dimatix, Inc. located in Lebanon, New Hampshire. The 
formal SIP revision was submitted by New Hampshire on August 26, 2021.
    Other specific requirements of New Hampshire's RACT orders and the 
rationale for EPA's proposed action are explained in the NPRM and will 
not be restated here. No public comments were received on the NPRM.

II. Final Action

    EPA is approving RACT Order RO-0006, dated July 8, 2021, 
establishing RACT for Fujifilm Dimatix, Inc. to limit emissions of VOCs 
as a revision to the New Hampshire SIP.

III. 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 RACT Order 
RO-0006, dated July 8, 2021, issued to Fujifilm Dimatix, Inc., 
discussed in the Final Action section of this preamble. 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.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. 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. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 April 17, 2023. 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.

    Dated: January 30, 2023.
David Cash,
Regional Administrator, EPA Region 1.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

[[Page 9403]]

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(d), amend the table by adding an entry, at the end 
of the table, for ``Fujifilm Dimatix Incorporated'' to read as follows:


Sec.  52.1520  Identification of plan.

* * * * *
    (d) * * *

                             EPA-Approved New Hampshire Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                                                                  Additional
          Name of source                Permit No.           State       EPA approval date    explanations/Sec.
                                                        effective date                         52.1535 citation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Fujifilm Dimatix Incorporated....  RACT Order RO-0006.        7/8/2021  2/14/2023, [Insert   VOC RACT Order.
                                                                         Federal Register
                                                                         citation].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2023-02291 Filed 2-13-23; 8:45 am]
BILLING CODE 6560-50-P