[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Rules and Regulations]
[Pages 66921-66927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27217]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2012-0255; A-1-FRL-9749-8]
Approval and Promulgation of Air Quality Implementation Plans;
New Hampshire; Reasonably Available Control Technology Update To
Address Control Techniques Guidelines Issued in 2006, 2007, and 2008
AGENCY: Environmental Protection Agency (EPA).
[[Page 66922]]
ACTION: Direct final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of New Hampshire. The revision establishes
Reasonably Available Control Technology (RACT) for several categories
of volatile organic compound (VOC) sources. The intended effect of this
action is to approve these requirements into the New Hampshire SIP.
This action is being taken in accordance with the Clean Air Act.
DATES: This direct final rule will be effective January 7, 2013, unless
EPA receives adverse comments by December 10, 2012. 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 Number EPA-R01-
OAR-2012-0255 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: (617) 918-0047.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2012-0255,''
Anne Arnold, Manager, Air Quality Planning Unit, Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2),
Boston, MA 02109-3912.
5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912. Such deliveries are only accepted during the Regional Office's
normal hours of operation. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
legal holidays.
Instructions: Direct your comments to Docket ID Number EPA-R01-OAR-
2012-0255. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 either electronically in www.regulations.gov or
in hard copy at Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA New England Regional Office, 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.
In addition, the state's submittal is available for public
inspection during normal business hours, by appointment at the State
Air Agency: Air Resources Division, Department of Environmental
Services, P.O. Box 95, 29 Hazen Drive, Concord, NH 03302-0095.
FOR FURTHER INFORMATION CONTACT: David Mackintosh, Air Quality Planning
Unit, U.S. Environmental Protection Agency, New England Regional
Office, 5 Post Office Square--Suite 100, (Mail Code OEP05-02), Boston,
MA 02109-3912, telephone 617-918-1584, facsimile 617-918-0584, email
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. What action is EPA taking?
II. What is the background for this action?
III. What is included in New Hampshire's submittal?
IV. What is EPA's evaluation of New Hampshire's submittal?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is approving New Hampshire's Chapter Env-A 1200 ``Volatile
Organic Compounds (VOCs) Reasonably Available Control Technology
(RACT),'' specifically PART Env-A 1201 through 1222, submitted by the
New Hampshire Department of Environmental Services (NH DES) on July 26,
2011, as meeting RACT for the VOC source categories covered by the
Control Technique Guidelines (CTGs) issued by EPA in 2006, 2007, and
2008. EPA is also approving negative declarations for the CTGs for
which NH DES determined no applicable sources exist in New Hampshire.
II. What is the background for this action?
In 1997, EPA revised the health-based National Ambient Air Quality
Standard (NAAQS) for ozone, setting it at 0.08 parts per million (ppm)
averaged over an 8-hour time frame. EPA set the 8-hour ozone standard
based on scientific evidence demonstrating that ozone causes adverse
health effects at lower ozone concentrations and over longer periods of
time than was understood when the pre-existing 1-hour ozone standard
was set. EPA determined that the 8-hour standard would be more
protective of human health, especially with regard to children and
adults who are active outdoors, and individuals with a pre-existing
respiratory disease, such as asthma.
On April 30, 2004, pursuant to the Federal Clean Air Act (the Act,
or CAA), 42 U.S.C. 7401 et seq., EPA designated portions of the country
as being in nonattainment of the 1997 8-hour ozone NAAQS (69 FR 23858).
In New Hampshire, the Boston-Manchester-Portsmouth (SE), New Hampshire
area was designated nonattainment for the 1997 ozone standard and
classified as moderate, and the remainder of the state was designated
as unclassifiable/attainment. New Hampshire is also part of the Ozone
Transport Region (OTR) under Section 184(a) of the CAA.
[[Page 66923]]
Sections 182(b)(2) and 184 of the CAA compel states with moderate and
above ozone nonattainment areas, as well as areas in the OTR
respectively, to submit a SIP revision requiring the implementation of
RACT for sources covered by a CTG and for all major sources. A CTG is a
document issued by EPA which establishes a ``presumptive norm'' for
RACT for a specific VOC source category.
Furthermore, effective on May 27, 2008, EPA made further revisions
to the ozone NAAQS setting the 8-hour standard at 0.075 ppm (73 FR
16436, March 27, 2008). Today's action does not address the
requirements of the 2008 ozone NAAQS.
On October 5, 2006, EPA issued four new CTGs which states were
required to address by October 5, 2007 (71 FR 58745). Then, on October
9, 2007, EPA issued three more CTGs which states were required to
address by October 9, 2008 (72 FR 57215). Lastly, on October 7, 2008,
EPA issued an additional four CTGs which states were required to
address by October 7, 2009 (73 FR 58841). The State of New Hampshire
submitted a SIP revision addressing all eleven CTGs on July 26, 2011.
III. What is included in New Hampshire's submittal?
New Hampshire's SIP revision consists of updates to VOC RACT
requirements to address the eleven EPA CTGs issued in 2006 through
2008. New Hampshire adopted regulations for nine CTGs: Fiberglass boat
manufacturing materials; flat wood paneling coatings; flexible package
printing; industrial cleaning solvent; metal furniture coatings;
miscellaneous industrial adhesives; miscellaneous metal and plastic
parts coatings; offset lithographic printing and letterpress printing;
and paper, film, and foil coatings. New Hampshire also submitted
negative declarations for two CTGs: Automobile and light-duty truck
assembly coatings; and large appliance coatings.
IV. What is EPA's evaluation of New Hampshire's submittal?
New Hampshire's Paper, Film, and Foil Coatings Rule, PART Env-A
1207, was previously approved by EPA on July 23, 2002 (67 FR 48033) and
contained a general emissions limit of 0.35 kilograms of VOC per liter
(kg VOC/l) of coating for facilities with actual emissions of 3 tons of
VOC or more per year. The following are exempt: Application of a
coating to vinyl or urethane coated fabric, or vinyl or urethane
sheets; coating performed on or in-line with any offset lithographic,
screen, letterpress, flexographic, rotogravure, or digital printing
press; and size presses and on-machine coaters on papermaking machines
that apply sizing, such as starch or water-base-clays. The revised
regulation contains the same general emissions limit but now applies to
a broader scope of activities consistent with EPA's CTG for Paper,
Film, and Foil Coatings (EPA 453/R-07-003, September 2007). The
regulation also includes additional requirements for facilities with a
potential to emit 25 tons of VOC or more per year on or after January
1, 2016. These facilities must meet lower VOC coating limits or use
pollution control equipment meeting 90% control efficiency. There are
also updated work practices and recordkeeping requirements for all
applicable facilities. New Hampshire's revised rule is consistent with
the CTG and satisfies the anti-back sliding requirements in Section
110(l) of the CAA, since it applies to a broader scope of activities
than the previously SIP-approved version of the rule.
The New Hampshire Metal Furniture Coatings Rule, PART Env-A 1209,
was previously approved by EPA on July 23, 2002 (67 FR 48033) and
contained just one general coating limit of 0.36 kg VOC/l. New
Hampshire's revised rule includes eight coating categories each of
which has limits for baked or air-dried coatings ranging from 0.275 kg
to 0.420 kg VOC/l. These limits are consistent with the limits
recommended in the EPA CTG for Metal Furniture Coatings (EPA-453/R-07-
005, September 2007). While two specialty coating categories,
pretreatment coatings and metallic coatings, have a higher limit (0.420
kg VOC/l (baked or air dried)) than the previous general coating limit,
the new general use coating limit has been reduced from 0.36 kg to
0.275 kg VOC/l (baked or air dried). Since the general use coatings are
applied more frequently than pretreatment and metallic coatings, fewer
VOCs will be emitted in New Hampshire as a result of the new
regulations. This approach is consistent with the EPA guidance
memorandum entitled Approving SIP Revisions Addressing VOC RACT
Requirements for Certain Coating Categories from Scott Mathias to
Regional Air Division Directors dated March 17, 2011. Therefore, the
revised rule satisfies the anti-back sliding requirements in Section
110(l) of the CAA. PART Env-A 1209 allows for controls by equivalent
emissions limits expressed in terms of mass of VOC per volume of solids
as applied or the use of add-on controls capable of achieving an
overall VOC efficiency of 90 percent. The revised rule also requires
facilities to use work practices that limit VOC emissions and minimize
spills during material application, storage, containment, conveyance,
and mixing. The rule also updates record keeping requirements and
revises the definition of metal furniture coatings in accordance with
EPA's Metal Furniture Coating CTG. Specifically, decorative,
protective, or functional materials that consist only of protective
oils for metal, acids, bases, or any combination of these substances
are not considered metal furniture coatings. Additionally, stencil
coatings, safety indicating coatings, solid film lubricants, electric-
insulating and thermal conducting coatings, touch-up and repair
coatings, and coating applications with hand-held aerosol cans are
exempt
New Hampshire's Miscellaneous Metal Parts and Plastic Parts
Coatings Rule, PART Env-A 1212, was previously approved by EPA on July
23, 2002 (67 FR 48033). The revised rule contains updated work
practices, coating application methods, and recordkeeping requirements
for all applicable facilities. While the regulation lists multiple
types of coating applications methods, other coating application
methods capable of achieving a transfer efficiency equivalent to, or
better than, that provided by high-volume low-pressure (HVLP) spray
application may also be used. The EPA CTG for Miscellaneous Metal and
Plastic Parts Coatings (EPA-453/R-08-003, September 2008) defines
transfer efficiency as ``the percent of coating applied to the metal
furniture component or product.'' Additional control options permit
equivalent emissions limits expressed in terms of mass of VOC per
volume of solids as applied or the use of add-on controls capable of
achieving an overall VOC efficiency of 90 percent.
The new coating limits generally follow the recommendations in
EPA's CTG for Miscellaneous Metal and Plastic Parts Coating, with the
exception of three coating categories. New Hampshire adopted higher
coating limits than the CTG for extreme high gloss topcoat, other
substrate antifoulant coating, and antifouling sealer/tire. For these
three categories, New Hampshire reviewed industry data and determined
that for purpose of functionality, cost, and VOC emissions, the
alternative limits adopted for these three coating categories
constitute RACT. New Hampshire's approach is consistent with the EPA
guidance memorandum entitled Control Technique Guidelines for
Miscellaneous Metal and Plastic Part Coatings--Industry Request for
Reconsideration from Stephen Page to
[[Page 66924]]
Air Branch Chiefs, Regions I-X, dated June 1, 2010. The applicability
threshold for plastic parts coatings was tightened from 10 tons total
potential emissions to 3 tons actual VOC emissions per 12-month period,
before controls. New Hampshire's new VOC coating limits are also lower
than most of the previously SIP-approved limits. Although some
specialty coatings limits are higher than previous limits, since the
general use coating limit is lower and these coatings are more
frequently used, coupled with the fact that the revised rule's
applicability is broader, the revised rule reduces VOC emissions and
satisfies the anti-back sliding requirements in Section 110(l) of the
CAA. This analysis is also consistent with the EPA guidance memorandum
entitled Approving SIP Revisions Addressing VOC RACT Requirements for
Certain Coating Categories.
New Hampshire's new PART Env-A 1214 Flat Wood Paneling is
consistent with the recommendations for RACT found in EPA's CTG for
Flat Wood Paneling Coatings (EPA-453/R-06-004, September 2006). This
new regulation applies on or after January 1, 2016 to sources whose
flat wood paneling coating operations have, before controls, combined
actual emissions of 3 tons of VOC or more, during any consecutive 12-
month period. Applicable sources are required to limit VOC emissions by
one of the following methods: An add-on pollution control device with
90% efficiency; an emission limit of 350 grams of VOC per liter (g VOC/
l) of solids; or an emission limit of 250 g VOC/l of material,
excluding water and exempt compounds. The rule also requires record
keeping and work practices for handling VOC-containing coatings,
thinners, cleaning materials, and coatings-related waste materials.
New Hampshire's Rotogravure and Flexographic Printing Rule, PART
Env-A 1215, was previously approved by EPA on July 23, 2002 (67 FR
48033). The revised rule is consistent with the recommendations for
RACT found in EPA's CTG for Flexible Package Printing (EPA-453/R-06-
003, September 2006). The revised rule adds compliance standards for
any individual flexible-package printing press with a total potential
to emit 25 tons of VOC or more per year on or after January 1, 2016,
whereas the previous rule applied to only rotogravure and flexographic
printing. Applicable flexible package printing sources are required to
limit VOC emissions by one or more of the following techniques: Use of
low-VOC content materials; averaging the VOC content of materials to
meet low-VOC content standards; or operating add-on VOC pollution
controls. The rule also requires record keeping and work practices for
handling VOC-containing materials. Since New Hampshire's revised rule
applies to more operations than the previously SIP-approved version, it
satisfies the anti-back sliding requirements in Section 110(l) of the
CAA.
New Hampshire's Offset Lithographic Printing and Letterpress
Printing Rule, PART Env-A 1216, was previously approved by EPA on July
23, 2002 (67 FR 48033). The revised rule is consistent with the
recommendations for RACT found in EPA's CTG for Offset Lithographic
Printing and Letterpress Printing (EPA-453/R-06-002, September 2006).
The applicability threshold of the rule was changed from 50 tons per
year potential emissions to 3 tons per year actual emissions. The rule
also now applies to letterpress printing operations, where it
previously only applied to offset lithographic printing. All applicable
facilities are required to maintain records and use work practices to
reduce VOC emissions.\1\ New Hampshire's revised rule satisfies the
anti-back sliding requirements in Section 110(l) of the CAA, since it
applies to more operations than the previously SIP-approved version of
the rule.
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\1\ Env-A 1205.08 subjects all sources that fall under the
requirements of Env-A 1200 to record keeping obligations in Env-A
900.
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New Hampshire's new Fiberglass Boat Manufacturing Rule, PART Env-A
1219, is consistent with the recommendations for RACT found in EPA's
CTG for Fiberglass Boat Manufacturing Materials (EPA-453/R-08-004,
September 2008). This new regulation applies to fiberglass boat
manufacturing operations that on or after January 1, 2016 have, before
controls, combined actual emissions of 3 tons of VOC or more, during
any consecutive 12-month period, from the use of gel coats, resins, and
materials used to clean application equipment. Applicable sources are
required to limit VOC emissions by one of the following prescribed
techniques: Use of low-VOC content materials; averaging the VOC content
of materials to meet low-VOC content standards; use of a facility-
specific VOC mass emission limit; or the operation of VOC pollution
control devices. The new regulation also specifies work practices to
reduce VOC emissions during the application, storage, mixing, and
conveyance of coatings, resins, and cleaning materials.
New Hampshire's new Miscellaneous Industrial Adhesives, PART Env-A
1220, is consistent with the recommendations for RACT found in EPA's
CTG for Miscellaneous Industrial Adhesives (EPA-453/R-08-005, September
2008). The new regulation applies to miscellaneous industrial adhesive
and adhesive primer application processes, including related cleaning
activities with combined actual emissions of 3 tons of VOC or more,
during any consecutive 12-month period on or after January 1, 2016. The
use of industrial adhesives by sources regulated by another CTG
category is exempt from the regulation. Applicable sources are required
to limit their VOC emissions by using a combination of low-VOC
adhesives, specified application methods, and add-on control equipment,
or an overall control efficiency of 85%. The new regulation also
specifies application methods, as well as work practices for waste and
cleaning materials, to further limit VOC emissions from industrial
adhesive activities.
New Hampshire's Industrial Cleaning Solvents Rule, PART Env-A 1221,
is consistent with the recommendations for RACT found in EPA's CTG for
Industrial Cleaning Solvents (EPA-453/R-06-001, September 2006).
Previously, this rule only applied to cold cleaning, vapor degreasing,
and conveyorized degreasing operations. New provisions were added to
address the Industrial Cleaning Solvents CTG. These new provisions
apply to sources that use organic solvents in their cleaning activities
with actual emissions, before controls, of 3 tons or more during any
consecutive 12-month period on or after January 1, 2016. The use of
industrial cleaning solvents for certain specialty applications and
sources regulated by another CTG category are exempt from the
regulation. Applicable sources are required to limit VOC emissions by
using cleaning solvents that contain no more than 50 g VOC/l or have a
composite vapor pressure of 8.0 millimeters of mercury (mm Hg) at 20
degrees Celsius (with the exception of cold cleaning operations for
which the rule prohibits the use of solvents having a vapor pressure of
1.0 mm Hg or greater at 20 degrees Celsius), or by using add-on control
equipment. The work practices in the regulation minimize VOC emissions
during the use, handling, storage, and disposal of cleaning solvents.
New Hampshire's SIP revision also includes numerous minor revisions
such as chapter renumbering, updated citations, and references to the
newly adopted regulations. These updates include PARTS Env-A 1201
through 1206, 1208, 1210, 1211, 1213, 1217, 1218, and 1222. Throughout
Chapter Env-A 1200, the term ``2011 effective
[[Page 66925]]
date'' is understood to mean June 1, 2011. PART Env-A 1205 RACT
Procedures has been revised to include conducting a public hearing on
proposed RACT orders, if requested, rather than always conducting a
hearing. Additionally, where PART Env-A 1205 uses the term ``weighted
average'' EPA interprets this to be the sum of the VOC emissions
divided by the sum of the weights. In PART Env-A 1213.11, the formula
for calculating ``percentage reduction'' is now defined in PART Env-A
800 Testing and Monitoring Procedures. PART Env-A 1217.07(d)(3) and (5)
both reference ``a,'' ``b,'' and ``c,'' which EPA interprets as
actually referencing ``1,'' ``2,'' and ``3,'' respectively.
New Hampshire's SIP revision also includes negative declarations
for two CTGs: Automobile and Light-Duty Truck Assembly Coatings (EPA-
453/R-08-006, September 2008); and Large Appliance Coatings (EPA-453/R-
07-004, September 2007). NH DES based these negative declarations on
periodic field inspections, information from their air permitting
program, and a search by Standard Industrial Classification (SIC) and
North American Industry Classification System (NAICS) code of databases
maintained both by the NH DES and by the New Hampshire Manufacturers'
Association. A survey was also made of facilities with reported SIC or
NAICS codes indicating that they might conduct Large Appliance Coating
operations. Upon questioning, it was determined that none of the
facilities was subject to the CTG.
In summary, as noted above, EPA has reviewed New Hampshire's new
and revised VOC regulations and found that they are consistent with the
relevant CTGs. In addition, New Hampshire's process for determining the
categories for which the state should make negative declarations was
reasonable. Therefore, EPA concludes that New Hampshire has met the CAA
requirement to adopt RACT for all the 2006, 2007, and 2008 CTGs.
V. Final Action
EPA is approving and incorporating into the SIP, New Hampshire's
Chapter Env-A 1200, Volatile Organic Compounds (VOCs) Reasonably
Available Control Technology (RACT), specifically, PART Env-A 1201
through PART Env-A 1222, as meeting RACT for the following CTG
categories: Fiberglass boat manufacturing materials; flat wood paneling
coatings; flexible package printing; industrial cleaning solvents;
metal furniture coatings; miscellaneous industrial adhesives;
miscellaneous metal parts and plastic parts coatings; offset
lithographic printing and letterpress printing; and paper, film, and
foil coatings. EPA is also approving New Hampshire's negative
declarations for two categories: Automobile and light-duty truck
assembly coatings; and large appliance coatings. New Hampshire has,
therefore, met the CAA requirement to adopt RACT for all of the 2006,
2007, and 2008 CTGs.
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 January
7, 2013 without further notice unless the Agency receives relevant
adverse comments by December 10, 2012.
If the EPA receives such comments, then EPA will publish a notice
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 January 7, 2013 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.
VI. 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 Order
12866 (58 FR 51735, October 4, 1993);
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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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.
[[Page 66926]]
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 January 7, 2013. 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 today's 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: October 25, 2012.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--[AMENDED]
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. Section 52.1520 is amended by:
0
a. In paragraph (c), in the table titled ``EPA-Approved New Hampshire
Regulations'', by revising the entry for existing state citation Env-A
1200; and
0
b. In paragraph (e), in the table titled ``New Hampshire Non
Regulatory'', by adding a new entry for Negative Declarations at the
end of the table.
The revised and added text reads as follows:
Sec. 52.1520 Identification of plan.
* * * * *
(c) EPA approved regulations.
EPA-Approved New Hampshire Regulations
----------------------------------------------------------------------------------------------------------------
State EPA approval date
State citation Title/subject effective date \1\ Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Env-A 1200....................... Volatile Organic 05/26/11 11/8/12 [Insert Approved PART Env-A
Compounds (VOCs) Federal Register 1201 through 1222
Reasonably page number where for the following
Available Control the document CTG categories:
Technology (RACT). begins]. Fiberglass boat
manufacturing
materials; flat
wood paneling
coatings; flexible
package printing;
industrial
cleaning solvent;
metal furniture
coatings;
miscellaneous
industrial
adhesives;
miscellaneous
metal parts and
plastic parts
coatings; offset
lithographic
printing and
letterpress
printing; and
paper, film, and
foil coatings.
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>
* * * * * * *
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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.
* * * * *
(e) Nonregulatory.
[[Page 66927]]
New Hampshire Non Regulatory
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State
Name of non regulatory SIP provision Applicable geographic or submittal date/ EPA approved date \3\ Explanations
nonattainment area effective date
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* * * * * * *
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Negative Declarations included in New Statewide............... 07/26/2011 11/8/12 [Insert Federal Register page Includes negative
Hampshire's State Implementation number where the document begins]. declarations for the
Plan Revision for the 2006, 2007, following CTG categories:
and 2008 Control Techniques Large appliance coatings;
Guidelines. and automobile and light-
duty truck assembly
coatings.
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\3\ 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. 2012-27217 Filed 11-7-12; 8:45 am]
BILLING CODE 6560-50-P