[Federal Register Volume 87, Number 219 (Tuesday, November 15, 2022)]
[Proposed Rules]
[Pages 68415-68416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24683]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2022-0866; FRL-10415-01-R1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve 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 propose approval of the state's order for this facility. This 
action is being taken under the Clean Air Act.

DATES: Written comments must be received on or before December 15, 
2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2022-0866 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. 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: Michele Kosin, Physical Scientist, 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) 918-1175; 
[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. Description and Review of Submittals
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On August 26, 2021, the New Hampshire Air Resources Division (ARD) 
submitted a revision to its State Implementation Plan. The revision 
consists of an order establishing reasonably available control 
technology (RACT) requirements for Fujifilm Dimatix, Inc.

II. Description and Review of Submittals

    On August 26, 2021, the New Hampshire ARD submitted to EPA as a SIP 
revision request order RO-0006 establishing RACT requirements to limit 
emissions of volatile organic compounds (VOCs) for Fujifilm Dimatix, 
Inc. located in Lebanon, New Hampshire. Fujifilm Dimatix, Inc. 
requested a source specific RACT order for VOCs for an adhesive process 
as well as the use of emission reduction credits (ERCs) to offset the 
gap between future actual emissions and allowable emissions. Fujifilm 
Dimatix, Inc. uses adhesives that bond metal to metal substrates to 
produce piezoelectric ink jet print heads and printing systems. The 
request included a technical justification and an evaluation of capture 
and control device technologies that were evaluated. Fujifilm Dimatix, 
Inc. evaluated the feasibility of using an alternative adhesive and 
add-on controls but could not find a suitable alternative coating or 
cost-effective, technically feasible control technology. New Hampshire 
reviewed and concurred with the facility's request, and on July 8, 
2021, issued Order No. RO-0006 to the Fujifilm Dimatix, Inc. Order No. 
RO-0006 includes a 12.2 tons per year cap for VOC emissions, a VOC 
content limit for adhesives used by the facility, requirements for how 
the adhesives shall be applied, work practice standards, and 
recordkeeping and reporting requirements. Fujifilm Dimatix, Inc. will 
continue to investigate alternative spray equipment technology and 
employ good operating practices in order to minimize air emissions. We 
are proposing approval of the order into the New Hampshire SIP because 
it is consistent with CAA requirements for VOC RACT and with New 
Hampshire's Env-A 1200, VOCs RACT regulation.

III. Proposed Action

    EPA is proposing to approve the New Hampshire SIP revision requests 
as described above. The SIP revisions meet section 110(l) of the CAA 
because the revisions will not interfere with any applicable 
requirement concerning attainment and reasonable further process, or 
any other applicable requirement of the CAA. EPA is soliciting public 
comments on the issues discussed in this notice or on other relevant 
matters. These comments will be considered before taking final action. 
Interested parties may participate in the Federal rulemaking procedure 
by submitting written comments to this proposed rule by following the 
instructions listed in the ADDRESSES section of this Federal Register.

IV. Incorporation by Reference

    In this rule, 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 RACT Order RO-0006, dated July 8, 2021, which establishes 
RACT requirements for Fujifilm Dimatix, Inc. The EPA has made, and will 
continue to make, these documents generally

[[Page 68416]]

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).

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. See 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 proposed 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 proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders12866 (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).

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: November 7, 2022.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2022-24683 Filed 11-14-22; 8:45 am]
BILLING CODE 6560-50-P


