[Federal Register Volume 82, Number 218 (Tuesday, November 14, 2017)]
[Rules and Regulations]
[Pages 52664-52667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24540]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0266; FRL-9970-64-Region 1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the State of New 
Hampshire. The revisions establish recordkeeping and reporting 
obligations for sources of air pollution. Additionally, we are 
approving an order limiting emissions of volatile organic compounds 
from a facility in the State. This action is being taken in accordance 
with the Clean Air Act.

DATES: This direct final rule is effective January 16, 2018, unless EPA 
receives adverse comments by December 14, 2017. 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-2017-0266 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.

FOR FURTHER INFORMATION CONTACT: Bob McConnell, Environmental Engineer, 
Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02), 
U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, 
Suite 100, Boston, Massachusetts 02109-3912; (617) 918-1046; 
[email protected].

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

Table of Contents

I. Background and Purpose
II. Description and Evaluation of State's Submittals
    a. Env-A 900: Owner or Operator Recordkeeping and Reporting 
Obligations
    b. VOC Order for Sturm Ruger & Company
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On February 10, 2017, NH DES submitted a single source order 
limiting emissions of volatile organic compounds (VOCs) from Sturm 
Ruger & Company as a SIP revision request. On May 11, 2017, NH DES 
submitted a state regulation identified as Env-A 900, Owner or Operator 
Recordkeeping and Reporting Obligations, as a SIP revision request. A 
description of these submittals and our evaluation of them appears 
below in Section II of this preamble. Please note that if EPA receives 
adverse comment on an amendment, paragraph, or section of these rules 
or on the VOC Order, and if that provision may be severed from the 
remainder of the rule or Order, EPA may adopt as final those provisions 
of the rule or Order that are not the subject of an adverse comment.

II. Description and Evaluation of State's Submittals

a. Env-A 900: Owner or Operator Recordkeeping and Reporting 
Obligations.

    On May 11, 2017, NH DES submitted a state regulation identified as 
Env-A 900, Owner or Operator Recordkeeping and Reporting Obligations, 
as a SIP revision request. New Hampshire provided additional material 
supporting this request to EPA by letter dated September 14, 2017. EPA 
previously approved a prior version of Env-A 900 within a direct final 
rule published on November 5, 2012. 77 FR 66388. Since

[[Page 52665]]

then, the following changes have been made to Env-A 900.
    New Hampshire amended Env-A 907.01 by including specific language 
outlining the types of general information that should be reported, 
such as facility name, physical location, mailing address, and 
operating time covered by the report. The State also added a 
requirement that the source indicate whether the report is a revision 
to a previously submitted report.
    New Hampshire revised sections Env-A 907.02 and .03 in a number of 
ways affecting non-SIP pollutants, such as hazardous air pollutants and 
carbon dioxide, and so only portions of the revisions are being 
incorporated into the New Hampshire SIP. New Hampshire clarified which 
portions of Env-A 900 are to be made part of the SIP within their 
September 14, 2017 correspondence to EPA. Of relevance to criteria 
pollutant reporting which is subject to SIP approval, within revised 
Env-A 907.02, the State clarified the definition of ``emissions unit,'' 
and also provided clarification of which sources are subject to the 
annual reporting requirement, and which sources are exempt. The State 
also specifies which pollutant emissions must be reported, and lists 
what information must be reported. The provisions of revised Env-A 
907.03 now address annual compliance certifications for Title V 
permittees, which is not required to be part of the SIP and was 
therefore withdrawn by New Hampshire's September 14, 2017 letter 
mentioned above.
    New Hampshire made a minor revision to Env-A 907.04 which 
identifies recordkeeping requirements for unclassifiable processes, and 
made a minor change to the form required for reporting by certain 
coating and printing facilities.
    We have reviewed New Hampshire's changes to Env-A 900, Owner or 
Operator Recordkeeping and Reporting Obligations, and determined that 
they are acceptable. Additionally, the updated rule meets the anti-
backsliding requirements of section 110(l) of the CAA in that it will 
not interfere with any applicable requirement concerning attainment and 
reasonable further progress, or with any other applicable requirement 
of the CAA. The regulation we are approving is not less stringent that 
the version of the rule we previously approved. Therefore, we are 
approving the updated Env-A 900 regulation, with the exception of the 
portions that were withdrawn, into the New Hampshire SIP.

b. VOC Order for Sturm Ruger & Company

    On February 10, 2017, New Hampshire submitted a revised order 
establishing reasonably available control technology (RACT) for control 
of VOCs for Sturm Ruger & Company located in Newport, NH. EPA most 
recently approved a previous version of RACT for this facility on 
August 21, 2014. 79 FR 49458. Subsequently, the company added 13 
dewaxing pre-heat kilns, the exhaust from which is controlled by 
afterburners that achieve a minimum of 99% destruction of VOCs. The 
revised order provides operational requirements for the afterburners, 
including a required minimum operating temperature, a calibration 
schedule for the thermocouple and temperature controller on the 
afterburners, and recordkeeping requirements.
    Other changes made to the order reflect recent changes made to New 
Hampshire's VOC regulations. For example, the emission rate for 
rustproofing operations provided in section 3.b of the order was 
lowered from 3.5 to 2.8 lbs VOC/gallon of coating in accordance with 
Env-A 1212.04(a). Additionally, the limits for camouflage coatings in 
section 3.d of the order were also lowered. Our review of the updated 
order indicates that the proposed changes are acceptable. Additionally, 
the updated order meets the requirements of section 110(l) of the CAA 
in that it will not interfere with any applicable requirement 
concerning attainment and reasonable further progress, or with any 
other applicable requirement of the CAA. Therefore, we are approving 
the updated order into the New Hampshire SIP.

III. Final Action

    EPA is approving portions of New Hampshire's revised regulation 
Env-A 900, Owner or Operator Recordkeeping and Reporting Obligations, 
and RACT Order ARD-03-001 issued to Sturm Ruger & Company, as revisions 
to 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 January 
16, 2018 without further notice unless the Agency receives relevant 
adverse comments by December 14, 2017.
    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 16, 2018 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 portions of 
New Hampshire regulation Env-A 900, Owner or Operator Recordkeeping and 
Reporting Obligations, and RACT Order ARD-03-001, which are 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 
www.regulations.gov, and/or 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 by the 
Director of the Federal Register in the next update to the SIP 
compilation.

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

[[Page 52666]]

approves state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 16, 2018. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. 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, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: October 26, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
    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:
0
a. In paragraph (c), amend the table by revising the entry ``Env-A 
900'': And
0
b. In paragraph (d), amend the table by:
0
i. Removing two entries ``Sturm, Ruger & Company, ARD-03-001'' and 
``Sturm, Ruger & Company, Order No. ARD-03-001''; and
0
ii. Adding an entry to the end of the table entitled ``Sturm Ruger & 
Company''.
    The revision and addition read as follows:


Sec.  52.1520  Identification of plan.

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    (c) * * *

                                     EPA-Approved New Hampshire Regulations
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                                                             State
          State citation              Title/subject        effective     EPA approval  date      Explanations
                                                             date               \1\
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                                                  * * * * * * *
Env-A 900........................  Owner or Operator         7/18/2015  11/14/2017,[Insert   The following
                                    Obligations.                         Federal Register     sections withdrawn
                                                                         citation].           by state and not
                                                                                              part of approved
                                                                                              SIP: Env-A
                                                                                              907.01(d) and (e);
                                                                                              907.02(a)(1),
                                                                                              (d)(1) a. and c.,
                                                                                              (2), and (e);
                                                                                              907.03; 911.04(b)
                                                                                              and (c); 911.05.
 
                                                  * * * * * * *
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\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.


[[Page 52667]]

    (d) EPA-approved State Source specific requirements.

                             EPA-Approved New Hampshire Source Specific Requirements
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                                                             State                                Additional
          Name of source                Permit No.         effective     EPA approval  date   explanations/Sec.
                                                             date               \2\           52.1535  citation
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                                                  * * * * * * *
Sturm Ruger & Company............  ARD-03-001.........        2/2/2017  11/14/17, [Insert    VOC RACT Order.
                                                                         Federal Register
                                                                         citation].
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\2\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

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[FR Doc. 2017-24540 Filed 11-13-17; 8:45 am]
 BILLING CODE 6560-50-P