[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Rules and Regulations]
[Pages 13668-13671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06381]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0266; FRL-9975-79--Region 1]


Air Plan Approval; New Hampshire; Approval of Recordkeeping and 
Reporting Requirements and Single Source Order

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. The revisions establish recordkeeping and reporting 
obligations for sources of air pollution. Additionally, we are 
approving an order limiting emissions of volatile organic compounds 
from a facility in the State. This action is being taken in accordance 
with the Clean Air Act.

DATES: This rule is effective on April 30, 2018.

ADDRESSES: EPA has established a docket for this action under Docket

[[Page 13669]]

Identification No. EPA-R01-OAR-2017-0266. All documents in the docket 
are listed on the 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 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. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On November 14, 2017 (82 FR 52683), EPA published a Notice of 
Proposed Rulemaking (NPRM) for the State of New Hampshire. The NPRM 
proposed approval of a revised single source order limiting emissions 
of volatile organic compounds (VOCs) from Sturm Ruger & Company, and a 
revised state regulation identified as Env-A 900, Owner or Operator 
Recordkeeping and Reporting Obligations. During the public comment 
period we received four comment letters. Two of the comment letters did 
not contain information that was specific or germane to our proposed 
actions for New Hampshire. One comment letter noted that approving New 
Hampshire's SIP revisions was ``a bad idea,'' but did not explain why 
or how New Hampshire's SIP revisions should be changed. One letter did 
contain relevant adverse comments and those comments are responded to 
below. In light of these relevant adverse comments, on January 11, 2018 
(83 FR 1302) we published a withdrawal of the direct final rule we 
published in conjunction with our November 14, 2017 NPRM (82 FR 52664).

II. Response to Comments

Comment

    A comment was received indicating that EPA should not approve the 
``reasonably available control technology'' (RACT) order for Sturm 
Ruger & Company for the following reasons. First, the commenter notes 
that Table 1 of the order illustrates that the company is able to meet 
a more stringent emission limit for topcoats than the order requires, 
and therefore the order should not be approved because this emission 
limit does not represent the lowest emission limit the source can meet 
for that coating. Additionally, the commenter notes that EPA should not 
approve sections of the order that involve SIP-approved rules because 
doing so is redundant, and may create conflicting requirements if the 
state changes the SIP-approved rule at some point in the future.

Response

    With regard to the commenter's first point, we note that the RACT 
order that we are approving into the New Hampshire SIP, Order ARD-03-
001 issued to Sturm Ruger & Company, is divided into four parts as 
follows: Section A, Introduction; Section B, Parties; Section C, 
Statement of Fact and Law; and Section D, Order. Section D, Order, 
contains the RACT requirements New Hampshire has tailored to the 
facility. Table 1, which the commenter alludes to as being indicative 
that the order contains insufficient requirements for RACT because the 
emission limit contained within it does not represent the lowest 
emission limit the source can meet for that coating, is found within 
Section C, Statement of Fact and Law, and the volatile organic compound 
(VOC) limits cited within it are from a state regulation previously 
approved into the New Hampshire State Implementation Plan (SIP).\1\ 
Section C is provided as informative background as to what air 
pollution control regulations the source is subject to. Table 1 of 
Section C indicates that the source at issue in this SIP action uses 
coatings with VOC contents that are lower than allowed by the State's 
regulation, which illustrates that the source is in compliance with 
those existing state requirements. New Hampshire adopted the regulation 
in question, Env-A 1213, Wood Furniture, Burial Caskets, and Gunstock 
Coatings, to meet, in part, its obligation to ensure that RACT is 
required at major, and some non-major, sources of VOC emissions. EPA 
approved the State's regulation as meeting RACT on March 10, 1998 (63 
FR 11600). EPA is not taking any action on those previously-approved 
SIP provisions in this action. The fact that the source has found 
coatings with VOC content limits that are lower than required by the 
State's regulation does not dictate that New Hampshire revise its 
regulation to make it more stringent; rather, as noted previously, it 
indicates that the source is in compliance with the State's RACT 
requirements for such facilities. The commenter's assertion that the 
levels shown in Table 1 can't be RACT because it is not the lowest 
emission limit the source can meet appear to confuse RACT, which 
requires ``reasonably available control technology,'' with the 
requirements of a more rigorous regulatory tool of ``lowest achievable 
emission rate'' (LAER). LAER, as defined at 40 CFR 51.165(a)(1)(xiii), 
could in some instances require a more stringent level of control than 
RACT.
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    \1\ Table 1 of the order contains an outdated citation; it cites 
``Env-A-1204.27 and 1204.28(a)(3), which are currently part of the 
``definitions'' section of New Hampshire's VOC regulations. The 
current citations are as follows: For topcoats, Env-A 1213.03(a); 
for sealers, Env-A 1213.03(b); for strippable booth coatings, Env-A 
1213.04(a)(3).
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    In response to the commenter's second point regarding the Sturm 
Ruger & Company order, we do agree that some portions of Section D of 
the order are currently part of the New Hampshire SIP, and are 
therefore duplicative and not needed within the order. We have included 
in the Docket for this action a version of the State's order that 
excludes the portions of Section D of the order that are duplicative of 
existing, SIP-approved requirements, and are incorporating that version 
into the NH SIP. A copy of the version of RACT Order ARD-03-001, as 
amended February 2, 2017, that we are approving into the New Hampshire 
SIP has been placed into the Docket for this rulemaking.

Comment

    A comment was received requesting that EPA not approve New 
Hampshire's recordkeeping and reporting rule, Env-A 900, until the 
state clarifies the applicability section of the rule. The commenter 
asserted that, as currently structured, the rule would apply to many 
small sources, including individual users of consumer products, and is 
therefore far too burdensome. The

[[Page 13670]]

commenter cites Env-A 902.01 and 903.01 as examples of the asserted 
broad reach of the rule's authority.

Response

    The applicability criteria of New Hampshire's Env-A 900 differ by 
section of the regulation, and are structured such that they would not 
apply to the small entities noted by the commenter. The provisions at 
Env-A 902.01 are not applicability provisions; rather, they provide the 
record retention and record availability requirements for sources that 
are subject to the rule. Env-A 903.01 does contain applicability 
criteria. For example, Env-A 903.01(a) provides applicability criteria 
as follows: ``Except as provided in (b),\2\ below, this part shall 
apply to any stationary source, area source, or device that is subject 
to Env-A 600'' (underlined emphasis added). Env-A 600 is applicable to 
sources required to obtain a permit from the New Hampshire Department 
of Environmental Services (NH DES), and there are various, specific 
applicability criteria within that regulation identifying who needs to 
do so. For example, Env-A 607, Temporary Permits, applies to the 
sources identified within Env-A 607.01, including those noted in 
paragraph (a) of that section: external combustion devices with a heat 
input of greater than or equal to 10 million British Thermal Units 
(BTUs) per hour burning gas, liquid propane, distillate fuel, or any 
combination of these fuels. Env-A 607.01 continues with specific 
applicability criteria for other types of equipment, and in no case 
would apply to the small entities noted by the commenter. In addition, 
Env-A 900, section 904.01 provides applicability criteria for equipment 
that has ``. . . actual VOC emissions greater than or equal to 10 tons 
in any calendar year or that is subject to Env-A 1200 `VOC RACT'. . . 
.'' Here, as within Env-A 600, the specific applicability criteria of 
New Hampshire's regulations preclude their application to the small 
entities contemplated by the commenter, and no part of the regulation 
we are approving, Env-A 900, provides the state with such authority.
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    \2\ Paragraph (b) of Env-A 903.01 lists several specific source 
types that are exempt from the section's requirements.
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III. Final Action

    EPA is approving portions of New Hampshire's revised regulation 
Env-A 900, Owner or Operator Recordkeeping and Reporting Obligations, 
and certain parts of the RACT Order ARD-03-001 issued to Sturm Ruger & 
Company, as revisions to the New Hampshire SIP. This rule, which 
responds to the adverse comments received, finalizes our proposed 
approval of these SIP revisions.

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 portions 
of Env-A 900, Owner or Operator Recordkeeping and Reporting 
Obligations, and portions of Order ARD-03-001, as amended February 2, 
2017, as described in the amendments to 40 CFR part 52 set forth below. 
The EPA has made, and will continue to make, these documents generally 
available through 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 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 May 29, 2018. 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).)

[[Page 13671]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: March 20, 2018.
Alexandra Dapolito Dunn,
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. Amend Sec.  52.1520 by:
0
a. In paragraph (c), amend the table by revising the entry ``Env-A 
900''; and
0
b. In paragraph (d), amend the table by:
0
i. Removing the two entries entitled ``Sturm, Ruger & Company''; and
0
ii. Adding a new entry entitled ``Sturm Ruger & Company'' at the end of 
the table.
    The revisions and additions read as follows:


Sec.  52.1520  Identification of plan.

* * * * *
    (c) * * *

                                     EPA-Approved New Hampshire Regulations
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                                                        State
       State citation             Title/subject       effective     EPA approval date 1        Explanations
                                                         date
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                                                  * * * * * * *
Env-A 900..................  Owner or Operator         7/18/2015  3/30/2018, [Insert      Approved sections Env-
                              Obligations.                         Federal Register        A 901 through 911,
                                                                   citation].              except for the
                                                                                           following sections
                                                                                           withdrawn by the
                                                                                           State and which are
                                                                                           not part of the
                                                                                           approved SIP: Env-A
                                                                                           907.01(d) and (e);
                                                                                           907.02(a)(1), (d)(1)
                                                                                           a. and c., (d)(2),
                                                                                           and (e); 907.03;
                                                                                           911.04(b) and (c);
                                                                                           911.05.
 
                                                  * * * * * * *
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1 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.

    (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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                                                  * * * * * * *
Sturm Ruger & Company..........  ARD-03-001...........        2/2/2017  3/30/2018, [Insert  VOC RACT Order, as
                                                                         Federal Register    amended February 2,
                                                                         citation].          2017, except
                                                                                             sections D.1, and
                                                                                             introductory
                                                                                             clauses to sections
                                                                                             D.2, D.3.b, D.5.a.i
                                                                                             and b.i.
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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. 2018-06381 Filed 3-29-18; 8:45 am]
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