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Air Plan Approval; New Hampshire; Single Source Orders and Revisions to Definitions

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Environmental Protection Agency (EPA).


Final rule.


The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of New Hampshire. The revisions incorporate a single source order into the New Hampshire SIP, remove a previously-approved order from the SIP, and approve various definitions used within New Hampshire's air pollution control regulations. This action is being taken in accordance with the Clean Air Act.


This rule is effective on October 9, 2018.


EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2017-0442. All documents in the docket are listed on the website. 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 at or at the U.S. Environmental Protection Agency, EPA Region 1 Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 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.

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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;

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Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA.

Table of Contents

I. Background and Purpose

II. Final Action

III. Incorporation by Reference

IV. Statutory and Executive Order Reviews

I. Background and Purpose

On July 6, 2018 (83 FR 31513), EPA published a Notice of Proposed Rulemaking (NPRM) for the State of New Hampshire. The NPRM proposed approval of revisions to New Hampshire's SIP consisting of an order establishing reasonably available control technology (RACT) requirements for the Diacom Corporation, removal from the SIP of a previously-approved RACT order for the Kalwall Corporation, and a request to revise a few definitions used within the State's air pollution control regulations. Other specific requirements of New Hampshire's RACT orders and revised definitions and the rationale for EPA's proposed action are explained in the NPRM and will not be restated here.

We received a number of anonymous comments that address subjects outside the scope of our proposed action, do not explain (or provide a legal basis for) how the proposed action should differ in any way, and make no specific mention of the substantive aspects of the proposed action. Consequently, these comments are not germane to this rulemaking and require no further response.

II. Final Action

EPA is approving an order establishing RACT for the Diacom Corporation, removal from the SIP of a previously-approved RACT order for the Kalwall Corporation, and a revision to eleven definitions used within the State's air pollution control regulations as revisions to the New Hampshire SIP.

III. 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 revisions located within New Hampshire's Env-A, Rules Governing the Control of Air Start Printed Page 45357Pollution, Env-A 101, Definitions, and also incorporating by reference RACT Order RO-0002, dated June 28, 2017, issued to the Diacom Corporation, as described in the amendments to 40 CFR part 52 set forth below, The EPA has made, and will continue to make, these documents generally available through 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]

IV. 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);
  • This action is not an Executive Order 13771 regulatory action because this action is 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. 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 November 6, 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. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

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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 oxide
  • Volatile organic compounds
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Dated: August 31, 2018.

Alexandra Dunn,

Regional Administrator, EPA Region 1.

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Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows:

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1. The authority citation for part 52 continues to read as follows:

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Authority: 42 U.S.C. 7401 et seq.

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Subpart EE—New Hampshire

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2. Amend § 52.1520 by:

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a. In paragraph (c), amend the table by removing footnote 1 and adding “Env-A 100; Definitions” after the entry “Env-A 100; Definition of “Wood Waste Burner””; and

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b. In paragraph (d), amend the table by:

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i. Removing footnote 2;

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ii. Revising the entries “VOC RACT for Kalwall Corporation, Manchester, NH” and “Kalwall Corporation”; and

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iii. Adding an entry entitled “Diacom Corporation” at the end of the table.

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c. In paragraph (e), remove footnote 3.

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The revisions and additions read as follows:

Identification of plan.
* * * * *

(c) * * *Start Printed Page 45358

EPA-Approved New Hampshire Regulations

State citationTitle/subjectState effective dateEPA approval dateExplanations
*         *         *         *         *         *         *         
Env-A 100Definitions3/24/19979/7/2018, [Insert Federal Register citation]Revisions made affecting eleven definitions.
*         *         *         *         *         *         *         

(d) * * *

EPA-Approved New Hampshire Source Specific Requirements

Name of sourcePermit No.State effective dateEPA approval dateAdditional explanations/§ 52.1535 citation
*         *         *         *         *         *         *         
VOC RACT for Kalwall Corporation, Manchester, NHOrder ARD-95-0109/10/19969/7/2018, [Insert Federal Register citation]See § 52.1535(c)(51). Order superseded by Order ARD-99-001, effective date 11/20/2011.
*         *         *         *         *         *         *         
Kalwall CorporationARD-99-00111/20/20119/7/2018, [Insert Federal Register citation]Order withdrawn from the New Hampshire SIP.
*         *         *         *         *         *         *         
Diacom CorporationRACT Order RO-000206/28/20179/7/2018, [Insert Federal Register citation]VOC RACT Order.
* * * * *
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1.  62 FR 27968 (May 22, 1997).

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[FR Doc. 2018-19290 Filed 9-6-18; 8:45 am]