Proposed Rule2024-01228
Air Plan Approval; New Hampshire; Single Source Order for PAK Solutions
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
January 23, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of New Hampshire. This revision proposes to approve reasonable available control technology (RACT) requirements for PAK Solutions, LLC, located in Lancaster, New Hampshire. This action is being taken under the Clean Air Act.
Full Text
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<title>Federal Register, Volume 89 Issue 15 (Tuesday, January 23, 2024)</title>
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[Federal Register Volume 89, Number 15 (Tuesday, January 23, 2024)]
[Proposed Rules]
[Pages 4242-4243]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01228]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2023-0576; FRL-11679-01-R1]
Air Plan Approval; New Hampshire; Single Source Order for PAK
Solutions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of New Hampshire. This revision proposes to approve reasonable
available control technology (RACT) requirements for PAK Solutions,
LLC, located in Lancaster, New Hampshire. This action is being taken
under the Clean Air Act.
DATES: Written comments must be received on or before February 22,
2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2023-0576 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to Patrick
Lillis at: <a href="/cdn-cgi/l/email-protection#fb979297979288d58b9a8f89929890bb9e8b9ad59c948d"><span class="__cf_email__" data-cfemail="fb979297979288d58b9a8f89929890bb9e8b9ad59c948d">[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://www.epa.gov/dockets/commenting-epa-dockets">https://www.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: Patrick Lillis, Air Quality Branch
(AQB), Air and Radiation Division (ARD) (Mail Code 5-MD), U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts, 02109-3912; (617) 918-1067;
<a href="/cdn-cgi/l/email-protection#4e22272222273d603e2f3a3c272d250e2b3e2f60292138"><span class="__cf_email__" data-cfemail="ee82878282879dc09e8f9a9c878d85ae8b9e8fc0898198">[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. Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On December 14, 2022, the New Hampshire Air Resources Division
(ARD) submitted a revision to its State Implementation Plan (SIP). The
revision consists of an order establishing reasonably available control
technology (RACT) requirements for PAK Solutions, LLC, located in
Lancaster, New Hampshire. The RACT requirements are intended to limit
emissions of volatile organic chemicals (VOCs) from the facility.
PAK Solutions, LLC (PAK) conducts commercial printing operations on
a variety of plastic and film substrates with VOCs and solvent-
containing inks. PAK owns and operates three printing presses that coat
a variety of plastic and film substrates at its facility located on 16
Page Hill Road in Lancaster, New Hampshire. PAK operates a Ship & Shore
Regenerative Thermal Oxidizer (RTO) to control VOC emissions from three
printing presses. On August 24, 2022, PAK submitted an application for
a RACT Order (Order) that would allow the company to generate and use
Discrete Emissions Reductions (DERs) in order to comply with the VOC
reduction requirements during periods when the RTO is shut down due to
maintenance or malfunction.
RACT Order RO-0007 issued on December 14, 2022, by the New
Hampshire DES requires PAK Solutions to comply with the VOC control
standards specified in Env-A 1215 Rotogravure and Flexographic
Printing. PAK Solutions shall conduct monitoring and testing activities
of the RTO as well as operate and maintain equipment to continuously
monitor the temperature of the combustion chamber of the RTO. This
Order also outlines the consistent maintenance of the RTO based on the
manufacture's recommendations. For times that the capture and control
system is unable to meet the 60% capture and 90% reduction requirement
specified in Env-A 1215.03(b) and Env-A 1215.04(b)(3) due to a
malfunction or during routine maintenance of the RTO, PAK shall be
allowed to use DERs in accordance with RACT Order RO-0007. This is for
the purpose of complying with the VOC RACT requirements. According to
the instructions of RACT Order RO-0007, PAK shall be allowed to
generate DERs for VOC emission reductions that exceed the reductions
specified in this Order and be allowed to use these DERs for RACT
compliance. PAK is also allowed to sell DERs to other entities within
the State of New Hampshire. PAK Solutions will also maintain sufficient
recordkeeping and timely annual reporting.
Regarding reporting and recordkeeping requirements, PAK is required
to submit an annual report to NHDES on the projected use of credits
(DERs) for the upcoming calendar year by November 30th. The
requirements for this report are outlined in Env-A 3104.08, Notice of
Intent and Use of DERs. PAK is also required to submit an annual report
by April 15th to NHDES on the balance of credits (DERs) for the
previous calendar year. The requirements for this report are outlined
in Env-A 3103.08, Notice and Certification of Generation and Env-A
3104.09, Notice and Certification of Use. Records are required to be
maintained on site and submitted upon request for control device
monitoring and maintenance. PAK Solutions is also
[[Page 4243]]
subject to the applicable recordkeeping and reporting requirements of
SIP-approved Env-A 900 Owner or Operator Recordkeeping and Reporting
Obligations, which requires annual reporting to the state of emissions
data and other information relating to compliance. Any additional
recordkeeping requirements are outlined within Table 5 in the state's
permit to operate. Any additional reporting requirements are outlined
within Table 6 in the state's permit to operate.
EPA has reviewed RACT Order RO-0007 issued by the New Hampshire DES
to PAK Solutions of Lancaster dated December 14, 2022. EPA is proposing
an approval of this RACT Order into the New Hampshire SIP.
II. Proposed Action
EPA is proposing to approve RACT Order RO-0007 issued by the New
Hampshire DES to PAK Solutions of Lancaster on December 14, 2022, as a
revision to 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.
III. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference RACT Order RO-0007 dated December 14, 2022, issued by the New
Hampshire DES to Pak Solutions of Lancaster, as discussed in Section I
of this preamble. The EPA has made, and will continue to make, these
documents generally available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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).
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. See 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 Orders12866 (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); and
<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.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The New Hampshire DES did not evaluate environmental justice
considerations as part of its SIP submittal; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. EPA did not perform an EJ analysis and did not consider EJ
in this action. Due to the nature of the action being taken here, this
action is expected to have a neutral to positive impact on the air
quality of the affected area. Consideration of EJ is not required as
part of this action, and there is no information in the record
inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: January 18, 2024.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2024-01228 Filed 1-22-24; 8:45 am]
BILLING CODE 6560-50-P
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