Proposed Rule2022-08155
Air Plan Approval; New Hampshire; Rules for Particulate Emissions From Open Sources, Sand and Gravel and Related Sources
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 18, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions of New Hampshire Code of Administrative Rules Chapters Env-A 1000 and Env-A 2800 submitted by the State of New Hampshire on January 8, 2020, and August 19, 2021, respectively. Env-A 1000 establishes requirements for open burning, fugitive dust, and firefighter instruction and training activities. Env-A 2800 sets particulate matter (PM), visible emissions (VE), and fugitive dust standards for sand and gravel sources, non-metallic mineral processing plants, and cement and concrete sources. This action is being taken under the Clean Air Act.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 74 (Monday, April 18, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 74 (Monday, April 18, 2022)]
[Proposed Rules]
[Pages 22821-22823]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08155]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2022-0112; FRL-9734-01-R1]
Air Plan Approval; New Hampshire; Rules for Particulate Emissions
From Open Sources, Sand and Gravel and Related Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve State Implementation Plan (SIP) revisions of New Hampshire Code
of Administrative Rules Chapters Env-A 1000 and Env-A 2800 submitted by
the State of New Hampshire on January 8, 2020, and August 19, 2021,
respectively. Env-A 1000 establishes requirements for open burning,
fugitive dust, and firefighter instruction and training activities.
Env-A 2800 sets particulate matter (PM), visible emissions (VE), and
fugitive dust standards for sand and gravel sources, non-metallic
mineral processing plants, and cement and concrete sources. This action
is being taken under the Clean Air Act.
DATES: Written comments must be received on or before May 18, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2022-0112 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#cca1ada5b8a5e2bcb9a6adbea5a2a58ca9bcade2aba3ba"><span class="__cf_email__" data-cfemail="3b565a524f52154b4e515a495255527b5e4b5a155c544d">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>. Publicly
available docket materials are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
or at the U.S. Environmental Protection Agency, EPA Region 1 Regional
Office, Air and Radiation Division, 5 Post Office Square--Suite 100,
Boston, MA. EPA requests that if at all possible, you contact the
contact listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
legal holidays and facility closures due to COVID-19.
FOR FURTHER INFORMATION CONTACT: Pujarini Maiti, 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) 918-1625; <a href="/cdn-cgi/l/email-protection#680509011c0146181d02091a010601280d1809460f071e"><span class="__cf_email__" data-cfemail="81ece0e8f5e8aff1f4ebe0f3e8efe8c1e4f1e0afe6eef7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. EPA's Evaluation of New Hampshire's SIP Revisions
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On January 8, 2020, the New Hampshire Department of Environmental
Services (NH DES) submitted a revision of New Hampshire Code of
Administrative Rules Chapter
[[Page 22822]]
Env-A 1000 (Prevention, Abatement, and Control of Open Source Air
Pollution) to EPA for approval into the New Hampshire SIP. NH DES
withdrew the January 8, 2020, submission of Env-A 1000 to the SIP on
July 19, 2021. On August 19, 2021, NH DES submitted another revision of
Env-A 1000 to EPA for approval into the New Hampshire SIP. This
regulation establishes requirements for open burning, fugitive dust and
firefighter instruction and training activities. NH DES submitted this
revision to replace the current SIP-approved Env-A 1000 (83 FR 6972;
February 16, 2018), which expired at the State level on May 1, 2019.
The submittal also includes Appendices A and B, which provide
references and definitions that are included in Env-A 1000.
On January 8, 2020, NH DES submitted a revision of New Hampshire
Code of Administrative Rules Chapter Env-A 2800 (Sand and Gravel
Sources; Non-Metallic Mineral Processing Plants; Cement and Concrete
Sources) to EPA for approval into the New Hampshire SIP. Env-A 2800
sets standards for visible emissions (VE) and particulate matter (PM)
emissions. It also sets fugitive-dust requirements for sand and gravel
sources, non-metallic mineral processing plants, and cement and
concrete sources. NH DES submitted this revision to replace the current
SIP-approved version of Env-A 2800 (81 FR 78052; October 1, 2010),
which expired at the State level on October 1, 2018. The submittal also
includes Appendix A, which provides a list of referenced State statutes
and Federal regulations.
After reviewing New Hampshire's SIP submittals, EPA has concluded
that the revisions to Env-A 1000 and to Env-A 2800 clarify and
strengthen the current SIP-approved regulations and therefore EPA is
proposing to approve these revised regulations into the New Hampshire
SIP. EPA is soliciting public comments on the issues discussed in this
notice or on other relevant matters. These comments will be considered
before taking final action. Interested parties may participate in the
Federal rulemaking procedure by submitting written comments to this
proposed rule by following the instructions listed in the ADDRESSES
section of this Federal Register.
II. EPA's Evaluation of New Hampshire's SIP Revisions
Env-A 1000
Env-A 1000 (Prevention, Abatement, and Control of Open Source Air
Pollution) establishes requirements for open burning, fugitive dust and
firefighter instruction and training activities. The proposed revisions
to this rule, submitted to EPA on August 19, 2021, include
clarifications and updates to certain provisions. The submittal also
includes Appendices A and B, which provide references and definitions
of terms used in Env-A 1000. The main proposed changes in the
regulation and EPA's evaluation of these changes, are as follows.
The current SIP-approved version of Env-A 1001 authorizes open
burning of untreated wood, campfire wood, brush, or charcoal in a
campfire, outdoor grill, or outdoor fireplace for recreational purposes
or for the preparation of food. The proposed revision to Env-A 1001
adds open burning of untreated pallets to this list. It also adds
untreated pallets to the list of materials (untreated wood, campfire
wood, or brush) that may be used as fuel for bonfires in conjunction
with holiday or festive celebrations.
The current SIP-approved version of Env-A 1001 allows burning of
brush or leaves by a landowner of a private, residential property,
provided the material originates ``on-site.'' The proposed revision to
Env-A 1001 clarifies that originating ``on-site'' may include material
that originates on another residential property but does not include
material transported to the burning location for commercial purposes or
by a commercial entity or its employees.
The current SIP-approved version of Env-A 1002 includes an
exemption for leaf blowers from fugitive-dust regulations. The proposed
revision to Env-A 1002 expands the exemption to include compressed air,
but adds the limitation that, for commercial properties and public
ways, this equipment can only be used for the purpose of blowing leaves
and vegetation, and cannot be used to blow dirt, sand, or gravel except
as incidental and necessary when blowing leaves and vegetation.
The current SIP-approved version of Env-A 1002 includes precautions
to prevent, abate, and control fugitive dust. The proposed version of
Env-A 1002 retains the previous precautions and adds two additional
allowed measures: (1) The construction of wind barriers to material
stockpiles; and (2) construction of wind barriers and phasing of work
to reduce disturbed surface area for sandblasting or similar
operations.
EPA concludes that the proposed revisions to Env-A 1000 strengthen
and clarify this regulation, and we agree that the addition of
Appendices A and B provides relevant references and definitions for
implementing Env-A 1000. Therefore, EPA is proposing to approve the
submitted revision of Env-A 1000 into the New Hampshire SIP.
Env-A 2800
On January 8, 2020, NH DES submitted a revision of New Hampshire
Code of Administrative Rules Chapter Env-A 2800 (Sand and Gravel
Sources; Non-Metallic Mineral Processing Plants; Cement and Concrete
Sources) to EPA for approval into the New Hampshire SIP. Env-A 2800
sets standards for visible emissions (VE) and particulate matter (PM)
emissions. It also sets fugitive-dust requirements for sand and gravel
sources, non-metallic mineral processing plants, and cement and
concrete sources.
The current SIP-approved version of Env-A 2802 includes definitions
of terms used in this regulation. The proposed revision to Env-A 2802
retains these definitions and adds the terms ``Electronic means'' and
``Submit in writing'' to the list of defined terms. These added terms
bring the regulation up to date with the electronic reporting systems
used by NH DES and EPA.
The current SIP-approved version of Env-A 2803 sets Compliance
Testing Requirements for Non-Metallic Mineral Processing Plants. The
proposed revision to Env-A 2803 retains the visible fugitive emissions
or visible stack emissions standard of an average of 20 percent opacity
for these plants, as determined by Env-A 807, for any continuous 6-
minute period at crushers, transfer points, or screens. The proposed
revision updates, but does not substantially change, the requirements
for conducting compliance tests at affected facilities. As before, a
successful compliance test must be conducted on the affected facility
or specific affected equipment in accordance with 40 CFR 60.675 within
60 days of achieving the maximum production rate at which the affected
facility or affected equipment will be operated or 180 days after
startup, whichever is sooner.
The current SIP-approved version of Env-A 2804 sets a VE standard
for cement, ready mix concrete, and cement block sources. The proposed
revision to Env-A 2804 retains the visible fugitive emissions or
visible stack emissions standard of an average of 20 percent opacity
for these sources, as determined by Env-A 807, for any continuous 6-
minute period. EPA agrees that an average of 20 percent opacity is a
reasonable VE limitation and concurs with retaining the standard.
The current SIP-approved version of Env-A 2805 establishes
requirements for fugitive dust control for all sources and plants
subject to this regulation. The
[[Page 22823]]
proposed revision to Env-A 2805 retains these requirements without
modification. EPA considers New Hampshire's fugitive dust control
requirements to be reasonable and concurs with retaining the standard.
The current SIP-approved version of Env-A 2806 establishes Permit-
By-Notification (PBN) procedures for non-metallic mineral processing
plants. The proposed revision to Env-A 2806 updates these procedures to
allow owners or operators to notify NH DES within 10 days after initial
startup of an affected facility by electronic means as well as
traditional hardcopy delivery methods.
EPA concurs with New Hampshire that the proposed revisions to Env-A
1000 and Env-A 2800 serve to strengthen and clarify these regulations
and is, therefore, proposing to approve these revised regulations into
the New Hampshire SIP. Furthermore, EPA agrees that the addition of
Appendix A provides relevant references for implementing Env-A 2800.
Therefore, EPA is proposing to approve the submitted revision of Env-A
2800 into the New Hampshire SIP.
III. Proposed Action
EPA is proposing to approve, and incorporate into the New Hampshire
SIP, Env-A 1000 and Env-A 2800, which were submitted by the State of
New Hampshire on August 19, 2021, and on January 8, 2020, respectively.
EPA is soliciting public comments on the issues discussed in this
proposal or on other relevant matters. These comments will be
considered before EPA takes final action. Interested parties may
participate in the Federal rulemaking procedure by submitting comments
to this proposed rule by following the instructions listed in the
ADDRESSES section of this Federal Register.
IV. Incorporation by Reference
In accordance with requirements of 1 CFR 51.5, EPA is proposing to
incorporate by reference into the New Hampshire SIP two New Hampshire
Code of Administrative Rules: Env-A 1000 (Prevention, Abatement, and
Control of Open Source Air Pollution), effective August 1, 2019, and
Env-A 2800 (Sand and Gravel Sources; Non-Metallic Mineral Processing
Plants; Cement and Concrete Sources), effective December 20, 2018.
The EPA has made, and will continue to make, these documents
generally available electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>
and/or in hard copy at the appropriate EPA office.
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 proposed action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this proposed action:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 12, 2022.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2022-08155 Filed 4-15-22; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on April 18, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.