[Federal Register Volume 83, Number 58 (Monday, March 26, 2018)]
[Proposed Rules]
[Pages 12917-12922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06005]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[EPA-R01-OAR-2017-0641; FRL-9975-51-Region 1]


Approval of the Clean Air Act, Section 112(l), Authority for 
Hazardous Air Pollutants: Asbestos Management and Control; State of New 
Hampshire Department of Environmental Services

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
grant the New Hampshire Department of Environmental Services (NH DES) 
the authority to implement and enforce the amended Asbestos Management 
and Control Rule in place of the National Emission Standard for 
Asbestos (Asbestos NESHAP) as it applies to certain asbestos-related 
activities. Upon approval, NH DES's amended rule would apply to all 
sources that otherwise would be regulated by the Asbestos NESHAP with 
the exception of inactive waste disposal sites that ceased operation on 
or before July 9, 1981. These inactive disposal sites are already 
regulated by State rules that were approved by EPA on January 11, 2013. 
This proposed approval would make NH DES's amended Asbestos

[[Page 12918]]

Management and Control Rule federally enforceable.

DATES: Written comments must be received by April 25, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2017-0641 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 https://www.epa.gov/dockets/commenting-epa-dockets. EPA will 
forward copies of all submitted comments to the New Hampshire 
Department of Environmental Services.

FOR FURTHER INFORMATION CONTACT: Susan Lancey, Air Permits, Toxics, and 
Indoor Programs Unit, U.S. Environmental Protection Agency, EPA New 
England Regional Office, 5 Post Office Square--Suite 100, (Mail code 
OEP05-2), Boston, MA 02109-3912, telephone number 617-918-1656, 
[email protected].

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

Table of Contents

I. General Information
    A. Does this proposed rule apply to me?
    B. What should I consider as I prepare my comments for the EPA?
II. Background
III. What requirements must a state rule meet to substitute for a 
section 112 rule?
IV. What are the differences between NH's rule and the Asbestos 
NESHAP and what changes did NH make to its Asbestos Management and 
Control Rule?
V. What is EPA's evaluation regarding NH's amended Asbestos 
Management and Control Rule?
VI. Proposed Action
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews

I. General Information

A. Does this proposed rule apply to me?

    Categories and entities potentially regulated by this proposed rule 
include:

------------------------------------------------------------------------
                                                  Examples of regulated
            Category                NAICS \1\            entities
------------------------------------------------------------------------
Industrial.....................              23  Construction.
Industrial.....................           23594  Wrecking and Demolition
Industrial.....................          562112   Contractors.
Industrial.....................          562211  Hazardous Waste
Industrial.....................            5629   Collection.
Industrial.....................           56191  Hazardous Waste
Industrial.....................          332992   Treatment and
Industrial.....................           33634   Disposal.
Industrial.....................             327  Remediation and Other
Industrial.....................            3279   Waste Management
Industrial.....................           32791   Services.
Industrial.....................           32799  Packaging and Labeling
                                                  Services.
                                                 Small Arms Ammunition
                                                  Manufacturing.
                                                 Motor Vehicle Systems
                                                  Manufacturing.
                                                 Nonmetallic Mineral
                                                  Product Manufacturing.
                                                 Other Nonmetallic
                                                  Mineral Product
                                                  Manufacturing.
                                                 Abrasive Product
                                                  Manufacturing.
                                                 All Other Nonmetallic
                                                  Mineral Product
                                                  Manufacturing.
------------------------------------------------------------------------
\1\ North American Industry Classification System.

    This Table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities potentially regulated by this 
proposed rule. To determine whether your facility is affected you 
should examine the applicability criteria in the amended New Hampshire 
Asbestos Management and Control Rule. If you have questions regarding 
the applicability of any aspect of this action to a particular entity, 
please contact the person identified in the ``For Further Information 
Contact'' section.

B. What should I consider as I prepare my comments for the EPA?

    Do not submit information containing CBI to the EPA through https://www.regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information on a disk or 
CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM 
as CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comments that includes information claimed as 
CBI, a copy of the comments that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. Send or deliver information 
identified as CBI only to the following address: ``EPA-R01-OAR-2017-
0641,'' Susan Lancey, U.S. Environmental Protection Agency, EPA New 
England Regional Office, 5 Post Office Square (mail code OEP05-2), 
Boston, MA 02109-3912.

II. Background

    Under CAA section 112(l), the EPA may approve state or local rules 
or programs to be implemented and enforced in place of certain 
otherwise applicable Federal rules, emissions standards, or 
requirements. The Federal regulations governing EPA's approval of state 
and local rules or programs under section 112(l) are located at 40 CFR 
part 63, subpart E. See 58 FR 62262 (November 26, 1993), as amended by 
65 FR 55810 (September 14, 2000). Under these regulations, a state air 
pollution control agency has the option to request EPA's approval to 
substitute a state rule for the applicable Federal rule (e.g., the 
National Emission Standards for Hazardous Air Pollutants). Upon 
approval by the EPA, the state agency is authorized to implement and 
enforce its rule in place of the Federal rule, and the state rule 
becomes federally enforceable in that state.
    The EPA first promulgated standards to regulate asbestos emissions 
on April 6, 1973. See 38 FR 8826. These standards have since been 
amended several times and re-codified in 40 CFR part 61, subpart M, 
``National Emission

[[Page 12919]]

Standard for Asbestos'' (Asbestos NESHAP). On January 11, 2013, the EPA 
approved the New Hampshire regulation Env-A 1800 titled ``Asbestos 
Management and Control'' (Asbestos Management and Control Rule) as a 
rule adjustment for the Asbestos NESHAP, applicable to all sources in 
New Hampshire except for inactive waste disposal sites not operated 
after July 9, 1981. See 78 FR 2333.\1\ These inactive disposal sites 
are regulated by other State rules that were also approved by the EPA 
on January 11, 2013. See id.\2\
---------------------------------------------------------------------------

    \1\ The EPA originally approved NH's Asbestos Management and 
Control Rule on November 28, 2006, see 71 FR 68746, and approved an 
updated version of the rule on January 11, 2013.
    \2\ The EPA originally approved NH's Inactive Waste Disposal 
Site Rule on May 28, 2003, see 68 FR 31611, and approved an updated 
version of the rule on January 11, 2013.
---------------------------------------------------------------------------

    Under 40 CFR 63.91(e), within 90 days of any state amendment, 
repeal, or revision of any state rule approved as an alternative to a 
Federal requirement, the state must provide the EPA with a copy of the 
revised authorities and satisfy either 63.91(e)(1) or (e)(2). Under 
63.91(e)(2), the State shall request approval of the revised rule. In a 
letter dated July 21, 2017, supplemented on August 21, 2017, September 
21, 2017, and March 1, 2018, NH DES requested approval of its amended 
rules pertaining to asbestos management in New Hampshire. Specifically, 
NH requested approval of Env-A 1800 titled ``Asbestos Management and 
Control,'' effective as of May 5, 2017, Sections 1801-1807, Appendices 
B, C and D.\3\ The EPA has determined it is appropriate to consider the 
request to approve the amended Asbestos Management and Control Rule 
under the rule substitution criteria in 40 CFR 63.93.
---------------------------------------------------------------------------

    \3\ NH is not requesting approval of the following provisions 
1801.02(e), 1801.07, 1802.02, 1802.04, 1802.07-1802.09, 1802.13, 
1802.15-1802.17, 1802.25, 1802.31, 1802.37, 1802.40, 1802.44, and 
1803.05-1803.09. In addition, NH DES did not request approval of 
Env-A 1808 (relating to asbestos analytical requirements), Env-A 
1808-1814 (relating to personnel licensing and training), and 
Appendix A: State Statutes and Federal Regulations Implemented.
---------------------------------------------------------------------------

III. What requirements must a state rule meet to substitute for a 
section 112 rule?

    A state must demonstrate that it has satisfied the up-front 
approval criteria contained in 40 CFR 63.91(d). The process of 
providing up-front approval assures that a state has met the delegation 
criteria in section 112(l)(5) of the CAA as implemented by EPA's 
regulations at 40 CFR 63.91(d). These criteria require, among other 
things, that the state has demonstrated that its NESHAP program 
contains adequate authorities to assure compliance with each applicable 
Federal requirement, adequate resources for implementation, and an 
expeditious compliance schedule. Under 40 CFR 63.91(d)(3), interim or 
final Title V program approval under 40 CFR part 70 satisfies the 
criteria set forth in 40 CFR 63.91(d) for up-front approval. On October 
2, 1996, EPA promulgated interim approval of NH DES's operating permits 
program, and also approved New Hampshire's authority to implement and 
enforce unchanged section 112 standards for part 70 sources under 40 
CFR 63.91. See 61 FR 51371. Subsequently, on September 24, 2001, EPA 
promulgated full approval of NH DES's operating permits program. See 66 
FR 48806. Accordingly, NH DES has satisfied the up-front approval 
criteria of 40 CFR 63.91(d).
    Additionally, the regulations governing approval of state 
requirements that substitute for a section 112 rule require EPA to 
evaluate the state's submittal to ensure that it meets the stringency 
and other requirements of 40 CFR 63.93. A rule will be approved if the 
state requirements contain or demonstrate: (1) Applicability criteria 
that are no less stringent than the corresponding Federal rule; (2) 
levels of control and compliance and enforcement measures that result 
in emission reductions from each affected source that are no less 
stringent than would result from the otherwise applicable Federal rule; 
(3) a compliance schedule that requires each affected source to be in 
compliance within a time frame consistent with the deadlines 
established in the otherwise applicable Federal rule; and (4) the 
additional compliance and enforcement measures as specified in 40 CFR 
63.93(b)(4). See 40 CFR 63.93(b).
    A state may also seek, and EPA may approve, a partial delegation of 
the EPA's authorities. See CAA 112(l)(1). To obtain a partial rule 
substitution, the state's submittal must meet the otherwise applicable 
requirements in 40 CFR 63.91 and 63.93, and be separable from the 
portions of the program that the state is not seeking rule substitution 
for. See 40 CFR 63.91(f)(3); 64 FR 1889, January 12, 1999.
    Before we can approve alternative requirements in place of a part 
61 emissions standard, the state must submit to us detailed information 
that demonstrates how the alternative requirements compare with the 
otherwise applicable Federal standard. A detailed discussion of how EPA 
will determine equivalency for state alternative NESHAP requirements is 
provided in the preamble to EPA's proposed subpart E amendments on 
January 12, 1999. See 64 FR 1908.

IV. What are the differences between NH's rule and the asbestos NESHAP 
and what changes did NH make to its Asbestos Management and Control 
Rule?

    NH DES's amended Asbestos Management and Control Rule, effective as 
of May 5, 2017, continues to incorporate by reference most, but not 
all, of the federal national emission standards for hazardous air 
pollutants (40 CFR part 61, subpart M) for asbestos (Asbestos NESHAP). 
The following discussion compares those sections of 40 CFR part 61, 
subpart M that NH DES has not adopted with the applicable sections of 
New Hampshire's rule, demonstrating that New Hampshire's rule is in 
each case no less stringent than the federal rule, and then describes 
the material changes to NH's amended Asbestos Management and Control 
Rule, effective as of May 5, 2017.
    The first three exceptions to NH's incorporation by reference of 
the Asbestos NESHAP under Env-A 1801.06(a), namely 40 CFR 
61.145(c)(1)(i), 61.145(c)(1)(ii), and 61.145(c)(1)(iv), are demolition 
work practices that may be considered together. Section 61.145 contains 
the standard for asbestos demolition and renovation, subsection (c) 
contains the procedures for asbestos emission control, and paragraph 
(1) provides for the removal of all regulated asbestos-containing 
material (RACM), except RACM need not be removed before demolition if 
the criteria in paragraph (1) is met.
    In Env-A 1805.10, unlike the federal rule, NH DES requires that all 
ACM without exception must be removed prior to demolition. Because New 
Hampshire's rule regulates a greater range of asbestos activity than 
the federal NESHAP, it contains applicability criteria no less 
stringent than those in the federal rule. See 40 CFR 63.93(b)(1).
    The next exception to the federal rule in New Hampshire's rule is 
40 CFR 61.149(c)(2). This section, together with Sec. Sec.  
61.150(a)(4), 61.151(c), 61.152(b)(3), 61.154(d) and 61.155(a), is non-
delegable to the states under 40 CFR 61.157.
    NH DES did not adopt 40 CFR 61.150(a)(5), which provides an 
exception to the standard for waste disposal for manufacturing, 
fabricating, demolition, renovation, and spraying operations. Section 
61.150(a) provides that each owner or operator shall discharge no 
visible emissions during the collection, processing, packaging, or

[[Page 12920]]

transporting of asbestos-containing waste material. Subparagraph (5) 
provides an exclusion for Category I and II nonfriable ACM. NH DES 
regulates both Category I and Category II nonfriable ACM in 
demolitions, and therefore did not adopt the provisions of 40 CFR 
61.150(a). See Env-A 1805.10(a) and 1805.08. Similarly, NH DES did not 
adopt 40 CFR 61.150(b)(3). Paragraph 61.150(b) provides that all 
asbestos-containing waste material shall be deposited as soon as is 
practical by the waste generator at an approved site. Subparagraph 
61.150(b)(3) excludes Category I nonfriable ACM that is not RACM. 
Again, NH DES has chosen to regulate this material. Because the amended 
Asbestos Management and Control Rule regulates a greater range of 
asbestos activity than the federal NESHAP, it contains applicability 
criteria that are no less stringent than the federal rule. See 40 CFR 
63.93(b)(1).
    NH DES did not adopt 40 CFR 61.151 with respect to disposal sites 
not operated after July 9, 1981. This is a special case covered by New 
Hampshire's waste management regulation Env-Sw 2100, which EPA has 
already approved in a separate action. See 78 FR 2333.
    Finally, NH DES did not adopt 40 CFR 61.154(c). This section 
includes the standard for active waste disposal sites. Paragraph (c) 
provides an alternative to the ``no visible emissions'' standard of 40 
CFR 61.154(a), but New Hampshire's rule is no less stringent than the 
federal rule in that it does not allow this alternative approach. See 
40 CFR 63.93(b)(2).
    In amending Env-A 1800, NH DES made some changes to Env-A 1800, 
editorial in nature, intended to clarify the Asbestos Management and 
Control Rule. NH DES also made other, material changes, which we 
discuss below.
    In NH's amended Asbestos Management and Control Rule, NH added 
section Env-A 1801.05 which reads as follows: ``Federal Definitions 
Incorporated. Terms used in this chapter that are defined in 40 CFR 
61.141 shall be as reprinted in Appendix D, except for the following: 
(a) Asbestos; (b) Facility; (c) Regulated Asbestos-Containing Material 
(RACM); and (d) Remove.'' These terms are defined in the amended 
Asbestos Management and Control Rule in either Env-A 1802 or Appendix C 
and include minor differences from the Asbestos NESHAP. As discussed in 
greater detail below, the EPA has determined that for each of the four 
terms NH did not incorporate, NH's regulation includes terms and 
requirements that are either equivalent to the terms in the Asbestos 
NESHAP or result in applicability criteria that are no less stringent 
than those in the NESHAP. See 40 CFR 63.93(b)(1).
    Under 40 CFR 61.141, ``Asbestos'' is defined to mean ``the 
asbestiform varieties of serpentinite (chrysotile), riebeckite 
(crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-
tremolite''. In Appendix C of the State rule, NH defines ``Asbestos'' 
to mean ``amosite, chrysotile, crocidolite, or asbestiform tremolite, 
actinolite, or anthophylite.'' The mineral series cummingtonite-
grunerite is also referred to as amosite. Therefore, EPA has determined 
NH's definition of asbestos is equivalent to the federal definition.
    NH's definition of ``Facility,'' unlike the federal definition, 
does not explicitly exclude residential buildings having four or fewer 
dwelling units. See Env-A 1802.27. In addition, NH explicitly includes 
utility infrastructure in the definition of ``Facility,'' and includes 
a definition for ``utility infrastructure'' whereas the federal rule 
regulates utility infrastructures but the federal definition does not 
include an explicit reference to utility infrastructures. The federal 
definition of Facility, as found in the Asbestos NESHAP at 40 CFR 
61.141, specifies that for purposes of this definition, any building, 
structure, or installation that contains a loft used as a dwelling is 
not considered a residential structure, installation, or building. NH 
did not incorporate this language because NH's rule applies to all 
residential buildings including residential buildings with fewer than 
four dwellings. The federal definition also specifies any structure, 
installation or building that was previously subject to this subpart is 
not excluded, regardless of its current use or function. NH includes 
this requirement in section Env-A 1801.02(d), rather than in the 
definition of Facility. Thus, EPA finds that these aspects of the NH 
rule result in applicability criteria no less stringent than the 
applicable NESHAP requirements. See 40 CFR 61.93(b)(1).
    Under the Asbestos NESHAP, ``Regulated asbestos-containing material 
(RACM)'' is defined in 40 CFR 61.141 to mean ``(a) Friable asbestos 
material, (b) Category I nonfriable ACM that has become friable, (c) 
Category I nonfriable ACM that will be or has been subjected to 
sanding, grinding, cutting, or abrading, or (d) Category II nonfriable 
ACM that has a high probability of becoming or has become crumbled, 
pulverized, or reduced to powder by the forces expected to act on the 
material in the course of demolition or renovation operations regulated 
by this subpart.'' NH's definition of RACM is nearly identical to the 
federal definition, except that NH uses the term ``sawing'' instead of 
``cutting'' and NH's definition uses the phrase ``will likely become'' 
rather than ``has a high probability of becoming.'' NH's rule 
incorporates the federal Asbestos NESHAP definition of cutting at 40 
CFR 61.141 which means ``to penetrate with a sharp-edged instrument and 
includes sawing, but does not include shearing, slicing, or punching.'' 
In addition, NH's rule requires all ACM be removed prior to demolition, 
requires all ACM during renovation to be adequately wetted before 
removal and maintained wet during removal, and requires transport and 
disposal as specified in 40 CFR 61.150 of all ACM, whether RACM or not. 
See Env-A 1805.10(a), 1805.07, and 1805.08(c). Because sawing is 
referenced in the incorporated Asbestos NESHAP definition of cutting, 
and because NH's rule regulates all ACM, rather than RACM, during 
renovation, demolition and disposal, EPA finds this aspect of the NH 
rule to be no less stringent than the Asbestos NESHAP.
    ``Remove'' is defined in 40 CFR 61.141 to mean ``to take out RACM 
or facility components that contain or are covered with RACM from any 
facility.'' NH's rule includes a definition for ``Removal,'' rather 
than ``Remove.'' Under the NH rule, ``Removal'' means ``the stripping 
of any RACM from surfaces or components within or at a facility.'' See 
Env-A 1802.42. The Asbestos NESHAP and the amended NH Asbestos 
Management and Control Regulation both use the term ``Removal'' as well 
as ``Remove'' in the regulatory text. NH's definition of ``Removal'' is 
similar to the Asbestos NESHAP definition of ``Remove''. In addition to 
incorporating the federal requirements for removing RACM during 
renovation and demolition, NH's rule includes work practice standards 
for asbestos removal procedures which require all ACM to be adequately 
wetted before and during removal, and placed in leak-tight containers 
for disposal. See Env-A 1805.07. NH's rule also includes ACM disposal 
procedures which require the owner or operator to remove all packaged 
ACM, whether RACM or not, from the worksite. See Env-A 1805.08. EPA 
finds that because NH's regulatory text requires all ACM, i.e., not 
just RACM, to be placed into leak-tight containers and removed from the 
worksite, this aspect of NH's rule is no less stringent than the 
Asbestos NESHAP. Therefore, the EPA has determined that for each of the 
four terms NH did not incorporate, NH's regulation includes terms and

[[Page 12921]]

requirements that are either equivalent to the terms in the Asbestos 
NESHAP, or result in applicability criteria that are no less stringent 
than those in the NESHAP. See 40 CFR 63.93(b)(1).
    In the amended Asbestos Management and Control Rule, NH added 
section Env-A 1806 Alternative Requirements for Specific ACM which 
provides certain alternatives for asbestos abatement activities on 
vinyl asbestos floor tile, asbestos floor sheeting, asbestos roofing 
materials, asbestos siding and other preformed cementitious asbestos 
materials. Sections Env-A 1806.02, 1806.03(a), and 1806.04 provide 
alternatives to ACM that is not sanded, sawed, cut, drilled or 
otherwise treated to create a fine dust or particles. These 
alternatives do not apply to RACM so the NESHAP does not regulate these 
activities. Thus, the NH rule regulates a greater range of asbestos 
activity than the federal NESHAP, and contains applicability criteria 
and levels of control that are no less stringent than those in the 
federal rule. See 40 CFR 63.93(b)(1) and 63.93(b)(2). Env-A 1806.03(b) 
does include alternatives for asbestos containing roofing materials 
that are cut and therefore become RACM which is regulated by the 
NESHAP. Under the NESHAP, appendix A section III(A) 3.A.3, the EPA 
considers a roof removal project to be in compliance with the 
``adequately wet'' and ``discharge no visible emission'' requirements 
of the NESHAP if the roof cutter is equipped with a blade guard that 
completely encloses the blade and water application is used at the roof 
surface during the cutting of the roof. Env-A 1806.03(b) permits (in 
lieu of otherwise applicable requirements at Env-A 1805.04, 1805.05, 
and 1805.09) a HEPA-filtered tool be used to prevent generation of 
visible emissions, together with water application at the point of 
abrasion with an airless sprayer and in sufficient volume so that no 
visible emissions result from the operation other than water spray. 
NH's work practice requires ``no visible emissions'' and does not 
exclude the requirements for ACM to be ``adequately wet,'' as the 
NESHAP work practice allows. See Env-A 1805.07 and Env-A 1806.04(b). 
The EPA has determined the requirements in Env-A 1806.03(b) are 
equivalent to the NESHAP and would result in emissions reductions from 
each affected source that are no less stringent than would result from 
the NESHAP. See 40 CFR 63.93(b)(2).
    In addition to the changes described above, in the amended Asbestos 
Management and Control Rule, NH made the following changes. As an 
editorial change, NH moved its statutory definitions to Appendix C and 
moved the federal definitions incorporated to Appendix D. In addition, 
under Env-A 1805.08 Asbestos Disposal Procedures, NH added a 
requirement for packaged ACM to be removed from the worksite as soon as 
practicable, but in no event longer than 30 days following completion 
of the abatement work. The Asbestos NESHAP requires all asbestos 
containing waste material to be deposited as soon as practicable but 
does not specify a timeframe not to be exceeded. See 40 CFR 61.150(b). 
The EPA finds NH's requirement to be no less stringent than the 
compliance time frame established in the NESHAP. See 40 CFR 
63.93(b)(3). The EPA has determined that these aspects of the State 
rule are no less stringent than the Asbestos NESHAP requirements.
    In addition to incorporating the federal rule compliance monitoring 
requirements by reference, NH's rule specifies that the chapter applies 
to provisions for inspection, compliance monitoring, and enforcement by 
the department. See Env-A 1801.02(f) and 40 CFR 63.93(b)(4). In other 
aspects, the State rule imposes additional State requirements in 
addition to the federal requirements. A detailed comparison of the NH 
additional rule requirements and the federal requirements is available 
in NH's equivalency demonstration table available in the public docket. 
Because these State requirements simply add onto the federal 
requirements, they inherently are no less stringent than their federal 
counterparts. See 40 CFR 63.93(b)(2).

V. What is EPA's evaluation regarding NH's amended Asbestos Management 
and Control Rule?

    After reviewing the request for approval of NH DES's amended 
Asbestos Management and Control rule, the EPA has determined that this 
request meets all of the requirements necessary to qualify for a rule 
substitution approval under CAA section 112(l) and 40 CFR 63.91 and 
63.93. Specifically, the EPA has preliminarily determined that NH DES's 
amended Asbestos Management and Control Rule is equivalent to or not 
less stringent than the Asbestos NESHAP as required by each of the 
criteria set forth in 40 CFR 63.93(b)(1)-(3), and satisfies the 
compliance and enforcement requirements in 40 CFR 63.93(b)(4), as the 
State rule applies to all sources in New Hampshire, except for inactive 
waste disposal sites not operated after July 9, 1981. Therefore, the 
EPA hereby proposes to approve NH DES's amended Asbestos Management and 
Control Rule, effective as of May 5, 2017, in lieu of the Asbestos 
NESHAP, for all sources in New Hampshire except for inactive waste 
disposal sites not operated after July 9, 1981.

VI. Proposed Action

    The EPA is proposing to approve NH DES's amended rules in Env-A 
1800, ``Asbestos Management and Control,'' effective as of May 5, 2017, 
Sections 1801-1807, Appendices B, C, and D (excluding the following 
provisions: 1801.02(e), 801.07, 1802.02, 1802.04, 1802.07-1802.09, 
1802.13, 1802.15-1802.17, 1802.25, 1802.31, 1802.37, 1802.40, 1802.44, 
and 1803.05-1803.09) as a rule substitution for the Asbestos NESHAP, 
for all sources in New Hampshire except for inactive waste disposal 
sites not operating after July 9, 1981.

VII. Incorporation by Reference

    In this rulemaking, 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 New Hampshire's Env-A 1800, ``Asbestos 
Management and Control,'' effective as of May 5, 2017, Sections 1801-
1807, Appendices B, C, and D; excluding the following provisions: 
1801.02(e), 1801.07, 1802.02, 1802.04, 1802.07-1802.09, 1802.13, 
1802.15-1802.17, 1802.25, 1802.31, 1802.37, 1802.40, 1802.44, and 
1803.05-1803.09. The EPA is also proposing to incorporate by reference 
a letter from Clark B. Freise, Assistant Commissioner, Department of 
Environmental Services, State of New Hampshire, to David J. Alukonis, 
Interim Director, Office of Legislative Services, dated June 23, 2017, 
certifying that the copy of the rule enclosed with the letter, Env-A 
1800, is the official version of this rule. The EPA has made, and will 
continue to make, these documents generally available electronically 
through https://www.regulations.gov and/or in hard copy at the 
appropriate EPA office.

VIII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator has the authority to approve 
section 112(l) submissions that comply with the provisions of the Act 
and applicable Federal regulations. In reviewing section 112(l) 
submissions, EPA's role is to approve state choices, provided that they 
meet the criteria and objectives of the CAA and of EPA's implementing 
regulations. Accordingly, this action merely proposes to approve the 
State's

[[Page 12922]]

request 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);
     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 (Public Law 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);
    In addition, this rulemaking 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 CAA. It also 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). And it does not have Tribal 
implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because the EPA is not proposing to approve the 
submitted rule to apply in Indian country located in the State, and 
because the submitted rule will not impose substantial direct costs on 
Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Parts 61 and 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Incorporation by 
reference, Intergovernmental relations, Reporting and record keeping 
requirements.

     Dated: March 15, 2018.
Alexandra Dapolito Dunn,
Regional Administrator, EPA Region 1.
[FR Doc. 2018-06005 Filed 3-23-18; 8:45 am]
BILLING CODE 6560-50-P


