[Federal Register Volume 85, Number 31 (Friday, February 14, 2020)]
[Rules and Regulations]
[Pages 8408-8410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02227]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2020-0029; FRL-10005-05-Region 1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of New 
Hampshire. The revision approves a single source order for PSI Molded 
Plastics. The intended effect of this action is to approve this item 
into the New Hampshire SIP. This action is being taken in accordance 
with the Clean Air Act (CAA).

DATES: This direct final rule will be effective April 14, 2020, unless 
EPA receives adverse comments by March 16, 2020. If adverse comments 
are received, EPA will publish a timely withdrawal of the direct final 
rule in the Federal Register informing the public that the rule will 
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2020-0029 at https://www.regulations.gov, or via email to 
mcconnell.robert@epa.gov. 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

[[Page 8409]]

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. 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. mcconnell.robert@epa.gov.

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

Table of Contents

I. Background
II. Summary of SIP Revision and EPA Analysis
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    CAA section 182(b)(2)(A) requires ozone nonattainment areas 
classified as Moderate or above to revise their SIPs to include 
provisions to implement reasonably available control technology (RACT). 
CAA section 184(b)(1)(B) extends the RACT obligation to all areas of 
states within the Ozone Transport Region (OTR). Pursuant to CAA section 
184(a), New Hampshire is a member state of the OTR. States subject to 
RACT are required to adopt air pollution emission controls for major 
sources and for sources covered by a Control Technique Guideline (CTG) 
document issued by the agency either via the adoption or regulations, 
of by issuance of single source Orders or Permits that outline what the 
source is required to do to meet RACT.

II. Summary of SIP Revision and EPA Analysis

    On December 10, 2019, New Hampshire submitted RACT Order RO-0005, 
dated November 20, 2019, which it issued to PSI Plastic Moldings 
located in Wolfeboro. The facility produces custom molded products and 
uses metal and plastic parts coatings in its operation. The facility is 
subject to New Hampshire regulation Env-A 1212, which contains VOC 
content limits for miscellaneous metal and plastic parts coatings. Some 
of the coatings used by the facility exceed the VOC content limit of 
Env-A 1212, but others are below those limits. RACT Order RO-0005 
allows the facility to demonstrate compliance with Env-A 1212 using a 
weighted averaging technique that demonstrates that total emissions 
from all coatings are equal to or less than what emissions would be if 
all of the coatings met the emission limits within Env-A 1212. The 
facility is required to demonstrate compliance using this weighted 
averaging technique, referred to as a ``bubble calculation'' described 
within the Order, on a monthly basis. We agree that this compliance 
method described within Order RO-0005 is an acceptable, enforceable 
approach, and are approving the Order into the New Hampshire SIP.

III. Final Action

    We are approving a single source order establishing VOC RACT for 
PSI Molded Plastics in Wolfeboro, into the New Hampshire SIP.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective April 
14, 2020 without further notice unless the Agency receives relevant 
adverse comments by March 16, 2020.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on April 14, 2020 and no further action will be 
taken on the proposed rule. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

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, 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).
---------------------------------------------------------------------------

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

[[Page 8410]]

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 April 14, 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, 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 the table in paragraph (d) by adding the 
entry ``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
----------------------------------------------------------------------------------------------------------------
                                                                                                  Additional
         Name of source                 Permit No.             State       EPA approval date   explanations/Sec.
                                                          effective date                        52.1535 citation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
PSI Molded Plastics.............  RO-0005...............      11/20/2019  2/14/2020 [Insert   VOC RACT Order.
                                                                           Federal Register
                                                                           citation].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2020-02227 Filed 2-13-20; 8:45 am]
BILLING CODE 6560-50-P


