98-5316. Approval and Promulgation of Air Quality Implementation Plans; New Hampshire; Revised Regulations and Source-Specific Reasonably Available Control Technology Plans Controlling Volatile Organic Compound Emissions and Emission Statement ...  

  • [Federal Register Volume 63, Number 46 (Tuesday, March 10, 1998)]
    [Rules and Regulations]
    [Pages 11600-11605]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-5316]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 52
    
    [NH-9-1-5823a; A-1-FRL-5969-6]
    
    
    Approval and Promulgation of Air Quality Implementation Plans; 
    New Hampshire; Revised Regulations and Source-Specific Reasonably 
    Available Control Technology Plans Controlling Volatile Organic 
    Compound Emissions and Emission Statement Requirements
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: EPA is approving State Implementation Plan (SIP) revisions 
    submitted by the State of New Hampshire. This action is being taken 
    under the Clean Air Act. EPA is approving the revisions to the New 
    Hampshire State Implementation Plan (SIP) submitted by the State of New 
    Hampshire on December 21, 1992, July 10, 1995, June 28, 1996, October, 
    24, 1996 and December 9, 1996. These SIP revisions consist of source 
    specific VOC RACT determinations for L.W. Packard and Company, Textile 
    Tapes Corporation, and Kalwall Corporation. They also consist of 
    revisions to the State's volatile organic compound (VOC) regulations in 
    Chapter Env-A 1204 (but not including section 1204.06), certain testing 
    and monitoring requirements in Chapter Env-A 800, and recordkeeping and 
    reporting requirements in Chapter Env-A 900, all of which require the 
    implementation of
    
    [[Page 11601]]
    
    reasonably available control technology (RACT) for certain sources of 
    volatile organic compounds (VOCs), as required by the Clean Air Act. 
    These regulations are applicable in the entire State of New Hampshire 
    and are required pursuant to sections 182(b)(2) and 184(b)(1)(B) of the 
    Clean Air Act. EPA has evaluated the RACT plans and the revisions of 
    the Clean Air Act, as amended in 1990. EPA is also finalizing a limited 
    approval on section Env-A 1204.27.
    
    DATES: This action will become effective May 11, 1998, unless EPA 
    receives relevant adverse comment on the parallel notice of proposed 
    rulemaking by April 9, 1998. Should the agency receive such comments, 
    it will timely publish a timely document withdrawing this rule.
    
    ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director, 
    Office of Ecosystem Protection (mail code CAA), U.S. Environmental 
    Protection Agency, Region I, JFK Federal Bldg., Boston, MA 02203. 
    Copies of the State submittal and EPA's technical support document are 
    available for public inspection during normal business hours, by 
    appointment at the Office of Ecosystem Protection, U.S. Environmental 
    Protection Agency, Region I, One Congress Street, 11th floor, Boston, 
    MA and Air Resources Division, Department of Environmental Services, 64 
    North Main Street, Caller Box 2033, Concord, NH 03302-2033.
    
    FOR FURTHER INFORMATION CONTACT: Jeanne Cosgrove, (617) 565-9451.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        Under the pre-amended Clean Air Act, ozone nonattainment areas were 
    required to adopt reasonably available control technology (RACT) rules 
    for sources of VOC emissions. EPA issued three sets of control 
    technique guidelines (CTGs) documents, establishing a ``presumptive 
    norm'' for RACT for various categories of VOC sources. The three sets 
    of CTGs were (1) Group I--issued before January 1978 (15 CTGs); (2) 
    Group II--issued in 1978 (9 CTGs); and (3) Group III--issued in the 
    early 1980's (5 CTGs). Those sources not covered by a CTG were called 
    non-CTG sources. EPA determined that the area's SIP-approved attainment 
    date established which RACT rules the area needed to adopt and 
    implement. Under section 172(a)(1), ozone nonattainment areas were 
    generally required to attain the ozone standard by December 31, 1982. 
    Those areas that submitted an attainment demonstration projecting 
    attainment by that date were required to adopt RACT for sources covered 
    by the Group I and II CTGs. Those areas that sought an extension of the 
    attainment date under section 172(a)(2) to as late as December 31, 1987 
    were required to adopt RACT for all CTG sources and for all major 
    (i.e., 100 ton per year or more of VOC emissions) non-CTG sources.
        Section 182(b)(2) of the amended Act requires States to adopt RACT 
    rules for all areas designated nonattainment for ozone and classified 
    as moderate or above. There are three parts to the section 182(b)(2) 
    RACT requirement: (1) RACT for sources covered by an existing CTG--
    i.e., a CTG issued prior to the enactment of the CAAA of 1990; (2) RACT 
    for sources covered by a post-enactment CTG; and (3) all major sources 
    not covered by a CTG. This RACT requirement applies to nonattainment 
    areas that previously were exempt from certain RACT requirements and 
    requirements and requires them to ``catchup'' to those nonattainment 
    areas that became subject to those requirements during an earlier 
    period. In addition, it requires newly designated ozone nonattainment 
    areas to adopt RACT rules consistent with those for previously 
    designated nonattainment areas.
        Portions of New Hampshire are classified as marginal and serious 
    nonattainment areas for ozone.1 In addition, New Hampshire 
    is located in the northeast ozone transport region that was statutorily 
    created by section 184 of the CAA. Section 184(b)(1)(B) of the amended 
    Act requires all states in an Ozone Transport Region (OTR) to adopt the 
    RACT provisions for all sources covered by a CTG document issued by EPA 
    before or after enactment of the CAAA of 1990. Section 184(b)(2) 
    mandates that all states in the OTR subject 50 ton per year and greater 
    VOC sources to those requirements that would be applicable to major 
    stationary sources in a moderate nonattainment area.
    ---------------------------------------------------------------------------
    
        \1\ These areas were designated as nonattainment prior to 
    enactment of the amended Act. They retained their designation of 
    nonattainment and were classified by operation of law pursuant to 
    Sections 107(d) and 181(a) upon enactment of the amendments. See 56 
    FR 56694.
    ---------------------------------------------------------------------------
    
        To meet the RACT catch-up requirement, New Hampshire needed to 
    submit a RACT rule for an external floating roof VOC storage category. 
    In addition, the major source definition for serious areas and areas 
    designated as part of an OTR has been lowered under the amended Act to 
    sources that emit greater than 50 tons per year of VOC. Therefore, the 
    State was required to adopt RACT rules for all sources that exceed this 
    cut-off. New Hampshire was also required to reduce the applicability 
    level for certain coating sources from 100 tons per year of VOC to 10 
    tons per year, as recommended in the CTGs. These sources include: can 
    coating; paper fabric, film and foil coating; vinyl and urethane 
    substrate coating; metal furniture coating; and magnet wire insulation 
    coating.
        VOCs contribute to the production of ground level ozone and smog. 
    New Hampshire's rules were adopted as part of an effort to achieve the 
    National Ambient Air Quality Standard (NAAQS) for ozone. This Final 
    Rule discusses EPA's evaluation and final action for New Hampshire's 
    amendments to the Part Env-A 800, 900 and 1204 regulations, and source 
    specific VOC RACT Orders submitted pursuant to Env-A 
    1204.27.
    
    II. State Submittals
    
    A. Parts Env-A 800, 900, and 1204
    
        On June 28, 1996, New Hampshire Air Resources Division (ARD) 
    submitted a revision to its State Implementation Plan (SIP). The 
    revision consists of amendments to Part Env-A 800, 900 and 1204 of the 
    New Hampshire Rules Governing the Control of Air Pollution. The 
    revision consists of changes made pursuant to the requirements of 
    Sec. 182(b)(2) of the Act to the following New Hampshire Regulations 
    for the Abatement of Air Pollution:
        Part Env-A 803: VOC testing;
        Part Env-A 804 Capture Efficiency;
        Part Env-A 901: Recordkeeping and Reporting by Sources;
        Part Env-A 1204: Stationary Sources of Volatile Organic Compounds 
    (VOCs), including new sections controlling VOC emissions from the 
    coating of wood furniture, burial caskets and gunstock; and the coating 
    of plastic parts. In Env-A 1204.03, New Hampshire revised the 
    definition of exempt VOC to include parachlorobenzotriflouride, 
    perchloroethylene, acetone, and volatile methyl siloxanes.
        On November 21, 1997, New Hampshire submitted a letter to EPA 
    requesting withdrawal of section Env-A 1204.06 from the SIP package 
    pursuant to EPA's request. This section contains provisions for 
    ``equivalent substitute control techniques.'' EPA requested that New 
    Hampshire withdraw this section from the SIP because it does not 
    provide for EPA approval of the equivalent substitute control 
    techniques chosen.
        On December 21, 1992, New Hampshire submitted a SIP revision to EPA 
    consisting of the amendments to Part Env-A 800, 900 and 1204 of the New 
    Hampshire Rules Governing the Control of Air Pollution. As part of this 
    SIP revision, NH revised its Part Env-A 800, 900, and 1204 rules to 
    comply with
    
    [[Page 11602]]
    
    the requirements of reasonably available control technology (RACT) 
    provisions for Volatile Organic Compounds (VOCs), as required by 
    Section 182(b)(2) and Section 184(a) and (b) of the Clean Air Act. In 
    response to these CAA requirements, New Hampshire revised its rules to 
    include:
        1. The addition of an external floating roof VOC storage category.
        2. The addition of a regulation requiring RACT for non-CTG sources 
    exceeding 50 tons per year.
        3. The adoption of the ``theoretical potential emissions'' 
    definition used to determine RACT applicability for coating and 
    printing sources.
        4. The incorporation of lower applicability cutpoints for coating 
    source emissions, consistent with EPA guidance.
        5. The addition of urethane substrates in the vinyl substrate 
    coating category.
        6. Revisions to the compliance schedule section of the rules to 
    facilitate compliance for all applicable VOC sources by the statutory 
    deadline of May, 1995.
        7. Revisions to include additional NOX and VOC 
    recordkeeping and reporting requirements.
        8. Various revisions to the VOC rules to make them fully consistent 
    with EPA guidance.
        In addition to the VOC regulations in Part Env-A 800, 900 and 1204, 
    New Hampshire submitted source specific VOC RACT determination for L.W. 
    Packard & Company on July 10, 1995 which covers processes subject to 
    the miscellaneous VOC RACT provisions of Part Env-A 1204. On October 
    24, 1996, New Hampshire submitted source specific VOC RACT 
    determination for Kalwall Corporation in Manchester, NH which covers 
    processes subject to the VOC RACT provisions of Part Env-A 1204. On 
    December 9, 1996, New Hampshire submitted source specific VOC RACT 
    determination for Textile Tapes in Gonic, NH.
        EPA's review of the SIP submittal indicates that New Hampshire has 
    addressed the applicable RACT requirements and deficiencies in the 
    existing VOC regulations that were identified by EPA in its letters of 
    October 31, 1991, March 10, 1992, and June 24, 1992. New Hampshire's 
    regulation and EPA's evaluation are detailed in the following 
    memoranda: Technical Support Document--New Hampshire SIP Revision 
    Concerning Amendments to Part Env-A 800, 900, and 1204 of the New 
    Hampshire Rules Governing the Control of Air Pollution, July 7, 1993 
    and Amendment to the TSD-New Hampshire VOC RACT SIP Revisions. Copies 
    of these documents are available, upon request, from the EPA Regional 
    Office listed in the ADDRESSES section of this document.
    
    B. Emission Statement Requirements
    
        The CAA requires states to submit SIP revisions by November 15, 
    1992 requiring that all sources of VOC and NOX emissions 
    submit emission statements on an annual basis beginning in 1993 for the 
    calendar year 1992. EPA proposed a limited approval/limited disapproval 
    of the emission statement provisions in a separate Notice of Proposed 
    Rulemaking (NPR) published on September 20, 1994, 59 FR 48195. In that 
    NPR, EPA identified provisions in New Hampshire's regulations which 
    were inconsistent with EPA guidance. New Hampshire's submittal of June 
    28, 1996 addresses the deficiencies identified in the September 20, 
    1994 NPR.
    
    C. VOC RACT for L.W. Packard in Ashland
    
        On July 10, 1995, New Hampshire submitted a VOC RACT Order for L.W. 
    Packard as a SIP revision. L.W. Packard and Company of manufactures 
    fine woolen cloth at its Ashland, New Hampshire facility. VOC are 
    emitted primarily from the carding oil process and the wet finishing 
    and dyeing process. The coating processes are subject to section Env-A 
    1024.27, ``Emission Standards and Control Options for Miscellaneous and 
    Multicategory Stationary VOC Sources.'' Order number ARD-94-001 defines 
    VOC RACT for L.W. Packard's processes. The Order requires L.W. Packard 
    to use a low VOC carding oil with a maximum VOC content of 0.05 lbs 
    VOC/gallon. The Order also limits formic acid emissions, and requires 
    L.W. Packard to install at least one pressurized dye vessel. The Order 
    also sets recordkeeping and reporting requirements. New Hampshire held 
    a public hearing on April 11, 1995. The final Order was issued on May 
    5, 1995.
    
    D. VOC RACT for Textile Tapes Corporation in Gonic
    
        On December 9, 1996, New Hampshire submitted a VOC RACT Order for 
    Textile Tapes Corporation in Gonic. Textile Tapes applies surface 
    coatings on fabrics using the knife coating process. The facility 
    operates three coating lines. Order number ARD-96-001 defines VOC RACT 
    for all coatings at Textile Tapes except for the ``5000 series 
    adhesive'' to comply with the provisions of Part Env-A 1204.10, 
    Applicability Criteria and Compliance Standards for Coating of Paper, 
    Fabric, Film and Foil Substrates which limits the emission rate of VOC 
    at all times to 2.9 lb VOC/gallon of coating, as applied, excluding 
    water and exempt VOC. For the coating described as ``5000 series 
    adhesive,'' the Order requires the facility to increase the solids 
    content from 33% by weight to 40% by weight and to limit the VOC 
    emission rate to 4.7 lb VOC/gallon of coating, as applied, less water 
    and exempt compounds. New Hampshire held a public hearing on February 
    16, 1996. The final Order was issued on October 4, 1996.
    
    E. VOC RACT for Kalwall in Manchester
    
        On October 24, 1996, New Hampshire submitted a VOC RACT Order for 
    Kalwall Corporation in Manchester. Kalwall Corporation of Manchester, 
    New Hampshire produces building panels used in architectural and light 
    construction applications. Coatings containing VOC are applied to the 
    panels. Order number ARD-95-010 defines VOC RACT for Kalwall's coating 
    processes. The order sets VOC emission limits for the three coating 
    process and requires Kalwall to improve transfer efficiency of one 
    coating process. The Order also sets recordkeeping and reporting 
    requirements. New Hampshire held a public hearing on February 16, 1996. 
    The final Order was issued on September 10, 1996.
    
    F. Env-A 1204.27 Applicability Criteria and Compliance Options for 
    Miscellaneous and Multicategory Stationary VOC Sources
    
        For major non-CTG sources of VOCs, the addition of this section 
    sets forth both presumptive RACT norms and processes by which RACT can 
    be established for those sources that cannot meet the presumptive 
    norms. However, Section 182(b)(2) of the Clean Air Act requires that a 
    SIP revision be submitted by November 15, 1992 including ``provisions 
    to require the implementation of reasonably available control 
    technology.'' In addition, the necessary SIP revision is required to 
    ``provide for the implementation of the required measures as 
    expeditiously as practicable but no later than May 31, 1995.'' Since 
    the first four control options of Env-A 1204.27(d) define presumptive 
    norms for RACT, and are consistent with EPA's Model VOC RACT Rules for 
    other facilities that emit volatile organic compounds, that portion of 
    the regulation meets the requirements of Section 182 and is approvable. 
    However, since control option 5 describes a process by which RACT can 
    be defined but does not specifically define RACT for each source to 
    which such options apply, that portion of the rule is not fully
    
    [[Page 11603]]
    
    approvable. Therefore, EPA is only granting a limited approval of Env-A 
    1204.27. To receive full approval, New Hampshire will need to define 
    explicitly, and have approved by EPA, RACT for all of those sources 
    which do not conform to the presumptive RACT options outlined in the 
    regulation. New Hampshire will need to define RACT for the following 
    sources before EPA will grant full approval: Harvard Industries, New 
    Filcas of America Inc., Sturm Ruger Inc., and Anheuser Busch.
    
    III. Final Action
    
        EPA review of the regulations in Part Env-A 800, 900, and 1204 
    (except for Env-A 1204.27 and 1204.06) indicates that New Hampshire has 
    sufficiently defined the VOC RACT and emission statement requirements. 
    EPA review of the miscellaneous VOC RACT for L.W. Packard, Textile 
    Tapes Corporation, and Kalwall Corporation in Manchester, indicates 
    that New Hampshire has sufficiently defined the VOC RACT requirements 
    for these facilities. Therefore EPA is approving Part Env-A 800, 900, 
    and 1204 (except 1204.06), and the source specific VOC RACT Order #ARD-
    95-010 for Kalwall in Manchester, VOC RACT Order #ARD-96-001 for 
    Textile Tapes Corporation, and VOC RACT Order #ARD-94-001 for L.W. 
    Packard. As noted above, New Hampshire withdrew Env-A 1204.06 from its 
    SIP submittal. Therefore, this action does not approve that section as 
    part of the SIP.
        EPA has evaluated New Hampshire's submittal for consistency with 
    the Act, EPA regulations, and EPA policy. EPA has determined that the 
    changes made to Part Env-A 800, Part Env-A 900 and Part Env-A 1204, 
    except for Env-A 1204.06 and 1204.27 of New Hampshire's Regulations 
    Controlling Air Pollution meet the requirements of the Act. Therefore, 
    EPA is approving under Section 110(k)(3) those changes. However, EPA 
    has determined that Env-A 1204.27 does not meet all of the Act's 
    requirements for the reasons described above. EPA believes that 
    approval of the submitted rule will strengthen the SIP but because of 
    the above-mentioned deficiencies, the rule does not meet the 
    requirements of Section 182(b)(2) of the CAA. In light of such 
    deficiencies, EPA cannot grant full approval of this rule under section 
    110(k)(3) and Part D. However, EPA may grant a limited approval of the 
    submitted rule under Section 110(k)(3) and EPA's authority pursuant to 
    Section 301(a) to adopt regulations necessary to further air quality by 
    strengthening the SIP. The approval is limited due to the fact that 
    this rule does not meet the requirement of Section 182(b)(2) because of 
    the deficiencies noted above. Thus, in order to strengthen the SIP, EPA 
    is taking action on New Hampshire's submitted Section Env-A 1204.27 as 
    a limited approval under Section 110(k)(3) and 301(a) of the CAA.
        EPA's evaluation of all the submitted regulations is detailed in 
    the Technical Support Document. Copies of that document are available, 
    upon request, from the EPA Regional Office listed in the ADDRESSES 
    section of this action. Interested parties may participate in the 
    Federal rulemaking procedure by submitting written comments to the EPA 
    Regional office listed in the ADDRESSES section of this action.
        EPA is publishing this action without prior proposal because the 
    Agency views this as a noncontroversial amendment and anticipates no 
    adverse comments. However, in a separate document in this Federal 
    Register publication, EPA is proposing to approve the SIP revision 
    should adverse or critical comments be filed. This action will be 
    effective May 11, 1998, without further notice, unless, the agency 
    receives relevant adverse comments by April 9, 1998, or the parallel 
    notice of proposed rulemaking.
        If the EPA receives such comments, it will publish a document 
    informing the public that this rule did not take effect. All public 
    comments received will then be addressed in a subsequent final rule 
    based on this action serving as a proposed rule. The EPA will not 
    institute a second comment period on this action. Any parties 
    interested in commenting on this action should do so at this time. If 
    no such comments are received, the public is advised that this action 
    will be effective on May 11, 1998.
        Nothing in this action should be construed as permitting or 
    allowing or establishing a precedent for any future request for 
    revision to any State implementation plan. Each request for revision to 
    the State implementation plan shall be considered separately in light 
    of specific technical, economic, and environmental factors and in 
    relation to relevant statutory and regulatory requirements.
    
    IV. Administrative Requirements
    
    A. Executive Order 12866
    
        This action has been classified as a Table 3 action for signature 
    by the Regional Administrator under the procedures published in the 
    Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
    July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
    Air and Radiation. The Office of Management and Budget (OMB) has 
    exempted this regulatory action from review under Executive Order 
    12866.
    
    B. Regulatory Flexibility Act
    
        Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
    must prepare a regulatory flexibility analysis assessing the impact of 
    any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
    Alternatively, EPA may certify that the rule will not have a 
    significant impact on a substantial number of small entities. Small 
    entities include small businesses, small not-for-profit enterprises, 
    and government entities with jurisdiction over populations of less than 
    50,000.
        SIP approvals under section 110 and subchapter I, part D of the 
    Clean Air Act do not create any new requirements but simply approve 
    requirements that the State is already imposing. Therefore, because the 
    Federal SIP approval does not impose any new requirements, the 
    Administrator certifies that it does not have a significant impact on 
    any small entities affected. Moreover, due to the nature of the 
    Federal-State relationship under the CAA, preparation of a flexibility 
    analysis would constitute Federal inquiry into the economic 
    reasonableness of state action. The Clean Air Act forbids EPA to base 
    its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
    EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
    
    C. Unfunded Mandates
    
        Under Sections 202 of the Unfunded Mandates Reform Act of 1995 
    (``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
    must prepare a budgetary impact statement to accompany any proposed or 
    final rule that includes a Federal mandate that may result in estimated 
    costs to State, local, or tribal governments in the aggregate; or to 
    the private sector, of $100 million or more. Under Section 205, EPA 
    must select the most cost-effective and least burdensome alternative 
    that achieves the objectives of the rule and is consistent with 
    statutory requirements. Section 203 requires EPA to establish a plan 
    for informing and advising any small governments that may be 
    significantly or uniquely impacted by the rule.
        EPA has determined that the approval action promulgated does not 
    include a Federal mandate that may result in estimated costs of $100 
    million or more to either State, local, or tribal governments in the 
    aggregate, or to the private sector. This Federal action approves pre-
    existing requirements under State or local law, and imposes
    
    [[Page 11604]]
    
    no new requirements. Accordingly, no additional costs to State, local, 
    or tribal governments, or to the private sector, result from this 
    action.
    
    D. Submission to Congress and the General Accounting Office
    
        Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
    Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
    containing this rule and other required information to the U.S. Senate, 
    the U.S. House of Representatives and the Comptroller General of the 
    General Accounting Office prior to publication of the rule in today's 
    Federal Register. This rule is not a ``major rule'' as defined by 5 
    U.S.C. 804(2).
    
    E. Petitions for Judicial Review
    
        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 May 11, 1998. Filing a 
    petition for reconsideration by the Administrator of this final rule 
    does not affect the finality of this rule 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).) EPA encourages 
    interested parties to comment in response to the proposed rule rather 
    than petition for judicial review, unless the objection arises after 
    the comment period allowed for in the proposal.
    
    List of Subjects in 40 CFR Part 52
    
        Environmental protection, Air pollution control, Hydrocarbons, 
    Incorporation by reference, Intergovernmental relations, Nitrogen 
    dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
    requirements.
    
        Dated: February 9, 1998.
    John P. DeVillars,
    Regional Administrator, Region I.
    
        Part 52 of chapter I, title 40 of the Code of Federal Regulations 
    is amended as follows:
    
    PART 52--[AMENDED]
    
        1. The authority citation for part 52 continues to read as follows:
    
        Authority: 42 U.S.C. 7401 et seq.
    
    Subpart EE--New Hampshire
    
        2. Section 52.1520 is amended by adding paragraph (c)(51) to read 
    as follows:
    
    
    Sec. 52.1520  Identification of plan.
    
    * * * * *
        (c) * * *
        (51) Revisions to the State Implementation Plan submitted by the 
    New Hampshire Air Resources Division on December 9, 1996, June 28, 
    1996, October 24, 1996, and July 10, 1995.
        (i) Incorporation by reference. (A) Letters from the New Hampshire 
    Air Resources Division dated December 9, 1996, June 28, 1996, October 
    24, 1996, July 10, 1995 and December 21, 1992 submitting revisions to 
    the New Hampshire State Implementation Plan (SIP), and a letter dated 
    November 21, 1997 withdrawing Env-A 1204.06 from the SIP submittal.
        (B) Regulations Part Env-A 801 ``Purpose;'' Part Env-A 802 
    ``Testing and Monitoring for Stationary Sources: General 
    Requirements;'' Part Env-A 902 ``Malfunctions and Breakdowns of Air 
    Pollution Control Equipment;'' and Part Env-A 903 ``Compliance 
    Schedules'' all effective November 15, 1992.
        (C) Regulations Part Env-A 803 ``VOC Testing;'' Part Env-A 804 
    ``Capture Efficiency;'' Sections Env-A 901.01 through 901.05, 901.08 
    and 901.09 of Part Env-A 901 ``Recordkeeping and Reporting by 
    Sources;'' and Part Env-A 1204 ``Stationary Sources of Volatile Organic 
    Compounds (VOCs) (except 1204.06),'' all effective on August 31, 1995.
        (D) New Hampshire VOC RACT Order ARD-94-001, concerning L.W. 
    Packard, effective May 5, 1995.
        (E) New Hampshire VOC RACT Order ARD-95-010, concerning Kalwall in 
    Manchester, NH, effective September 10, 1996.
        (F) New Hampshire VOC RACT Order ARD-96-001, concerning Textile 
    Tapes Corporation, NH, effective October 4, 1996.
        3. In Sec. 52.1525 Table 52.1525 is amended by adding new entries 
    in numerical order to existing state citations ``Part Env-A 801; Part 
    Env-A 802; Part Env-A 803; Part Env-A 804; Part Env-A 805; Part Env-A 
    806; Part Env-A 807; Part Env-A 901, sections Env-A 901.01 through 
    901.05, 901.08 and 901.09; Part Env-A 902; Part Env-A 903; Part Env-A 
    1204 (except 1204.06);'' ``Order ARD-94-001,'' ``Order ARD-95-010,'' 
    and ``Order ARD-96-001'' to read as follows:
    
    
    Sec. 52.1525--EPA--approved  New Hampshire state regulations.
    
    * * * * *
    
                                               Table 52.1525.--EPA--Approved Rules and Regulations--New Hampshire                                           
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                        State citation      Date adopted by    Date approved by    Federal Register                                         
              Title/subject                 chapter              State                EPA              citation           52.1520             Comments      
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    Purpose.........................  CH air 800, Part    November 13, 1992.  3-10-98...........  63 FR 11600.......  c(51)            Adds testing and     
                                       Env-A 801.                                                                                       monitoring          
                                                                                                                                        procedures.         
    Testing and Monitoring for        CH air 800, Part    November 13, 1992.  3-10-98...........  63 FR 11600.......  c(51)            Adds testing and     
     Stationary Sources: General       Env-A 802.                                                                                       monitoring          
     Requirements.                                                                                                                      procedures.         
    VOC Testing.....................  CH air 800, Part    August 21, 1995...  3-10-98...........  63 FR 11600.......  c(51)            Adds testing and     
                                       Env-A 803.                                                                                       monitoring          
                                                                                                                                        procedures.         
    Capture Efficiency..............  CH air 800, Part    August 21, 1995...  3-10-98...........  63 FR 11600.......  c(51)            Adds testing and     
                                       Env-A 804.                                                                                       monitoring          
                                                                                                                                        procedures.         
    
    [[Page 11605]]
    
                                                                                                                                                            
    Continuous Emission Monitoring..  CH air 800, Part    November 13, 1992.  3-10-98...........  63 FR 11600.......  c(51)            Adds testing and     
                                       Env-A 805.                                                                                       monitoring          
                                                                                                                                        procedures.         
    Testing for Diesel Engines and    CH air 800, Part    November 13, 1992.  3-10-98...........  63 FR 11600.......  c(51)            Adds testing and     
     Motor Vehicles.                   Env-A 806.                                                                                       monitoring          
                                                                                                                                        procedures.         
    Approval of Alternate Methods...  CH air 800, Part    November 13, 1992.  3-10-98...........  63 FR 11600.......  c(51)            Adds testing and     
                                       Env-A 807.                                                                                       monitoring          
                                                                                                                                        procedures.         
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    Recordkeeping and Reporting by    CH air 900, Part    November 13, 1992.  3-10-98...........  63 FR 11600.......  c(51)            Adds recordkeeping   
     Sources.                          Env-A 901,                                                                                       and reporting       
                                       sections 901.01,                                                                                 requirements.       
                                       901.03, 901.09.                                                                                                      
    Recordkeeping and Reporting by    CH air 900, Part    August 21, 1995...  3-10-98...........  63 FR 11600.......  c(51)            Adds recordkeeping   
     Sources.                          Env-A 901,                                                                                       and reporting       
                                       sections 901.02,                                                                                 requirements.       
                                       901.04, 901.05,                                                                                                      
                                       and 901.08.                                                                                                          
    Malfunctions and Breakdowns of    CH air 900, Part    November 13, 1992.  3-10-98...........  63 FR 11600.......  c(51)            Adds recordkeeping   
     Air Pollution Control Equipment.  Env-A 902.                                                                                       and reporting       
                                                                                                                                        requirements.       
    Compliance Schedules............  CH air 900, Part    November 13, 1992.  3-10-98...........  63 FR 11600.......  c(51)            Adds recordkeeping   
                                       Env-A 903.                                                                                       and reporting       
                                                                                                                                        requirements.       
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    Stationary Sources of Volatile    CH air 1204, Part   August 21, 1995...  3-10-98...........  63 FR 11600.......  c(51)            Adds VOC RACT        
     Organic Compounds.                Env-A 1204                                                                                       requirements.       
                                       (except 1204.06).                                                                                Limited approval    
                                                                                                                                        only of Env-A       
                                                                                                                                        1204.27.            
    Source Specific Order...........  Order ARD-94-001..  May 5, 1995.......  3-10-98...........  63 FR 11600.......  c(51)            VOC RACT for L.W.    
                                                                                                                                        Packard.            
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    Source Specific Order...........  Order ARD-95-010..  September 10, 1996  3-10-98...........  63 FR 11600.......  c(51)            VOC RACT for Kalwall,
                                                                                                                                        Manchester.         
    Source Specific Order...........  Order ARD-96-001..  October 4, 1996...  3-10-98...........  63 FR 11600.......  c(51)            VOC RACT for Textile 
                                                                                                                                        Tapes.              
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    [FR Doc. 98-5316 Filed 3-9-98; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
5/11/1998
Published:
03/10/1998
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
98-5316
Dates:
This action will become effective May 11, 1998, unless EPA receives relevant adverse comment on the parallel notice of proposed rulemaking by April 9, 1998. Should the agency receive such comments, it will timely publish a timely document withdrawing this rule.
Pages:
11600-11605 (6 pages)
Docket Numbers:
NH-9-1-5823a, A-1-FRL-5969-6
PDF File:
98-5316.pdf
CFR: (3)
40 CFR 182(b)(2)
40 CFR 52.1520
40 CFR 52.1525--EPA--approved