[Federal Register Volume 71, Number 228 (Tuesday, November 28, 2006)]
[Rules and Regulations]
[Pages 68746-68750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20157]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 61 and 63
[EPA-R01-OAR-2006-0345; FRL-8238-1]
Approval of the Clean Air Act, Section 112(l), Authority for
Hazardous Air Pollutants: Asbestos Management and Control; State of New
Hampshire Department of Environmental Services
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is proposing to approve New Hampshire Department of
Environmental Services' (NH DES) request to implement and enforce its
regulation entitled ``Asbestos Management and Control'' in lieu of the
Asbestos National Emission Standard for Hazardous Air Pollutants
(Asbestos NESHAP) as it applies to certain asbestos-related activities.
Upon approval, NH DES's rule will be federally enforceable and will
apply to all sources that otherwise would be regulated by the Asbestos
NESHAP with the exception of inactive waste disposal sites that ceased
operation on or before July 9, 1981. These inactive disposal sites are
already regulated by State rules that were approved by EPA on May 23,
2003. NH DES's request seeks to adjust the federal rules by
demonstrating the equivalency of its rules to the federal requirements.
DATES: This direct final rule will be effective January 29, 2007,
unless EPA receives adverse comments by December 28, 2006. 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. The incorporation by reference of certain
publications in this rule is approved by the Director of the Federal
Register as of January 29, 2007.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2006-0345 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: (617) 918-0656.
4. Mail: ``EPA-R01-OAR-2006-0345'', Daniel Brown, Manager, Air
Permits, Toxics & Indoor Programs Unit, Office Of Ecosystem Protection,
U.S. Environmental Protection Agency, One Congress Street, Suite 1100
(CAP), Boston, MA 02114-2023.
5. Hand Delivery or Courier: Deliver your comments to: Daniel
Brown, Manager, Air Permits, Toxics & Indoor Programs Unit, Office of
Ecosystem Protection, U.S. Environmental Protection Agency, One
Congress Street, Suite 1100 (CAP), Boston, MA 02114-2023. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30 excluding legal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2006-0345. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov, or e-
mail, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' systems,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. 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 either electronically in www.regulations.gov or
in hard copy at Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA New England Regional Office, One Congress
Street, Suite 1100, 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 to 4:30 excluding
legal holidays.
In addition to the publicly available docket materials available
for inspection electronically in the Federal Docket Management System
at www.regulations.gov, and the hard copy available at the Regional
Office, which are identified in the ADDRESSES section of this Federal
Register, copies of the state submittal and EPA's technical support
document are also available for public inspection during normal
business hours, by appointment at the State Air Agency: Air Resources
Division, Department of Environmental Services, 6 Hazen Drive, P.O. Box
95, Concord, NH 03302-0095.
FOR FURTHER INFORMATION CONTACT: Susan Lancey, Air Permits, Toxics &
Indoor Programs Unit, Office Of Ecosystem Protection, U.S.
Environmental Protection Agency, One Congress Street, Suite 1100 (CAP),
Boston, MA 02114-2023, telephone number (617) 918-1656, e-mail
[email protected].
[[Page 68747]]
SUPPLEMENTARY INFORMATION:
This Supplementary Information is organized as follows:
I. Background and Purpose.
II. What requirements must a state rule meet to adjust a Section 112
rule?
III. When did the authority to implement and enforce Section 112
standards become effective in New Hampshire?
IV. What are the differences between NH DES's regulations and the
Asbestos NESHAP?
V. What action is EPA taking?
VI. Opportunities for Public Comments
VII. Statutory and Executive Order Reviews
I. Background and Purpose
The Environmental Protection Agency (EPA) first promulgated
standards to regulate asbestos emissions on April 6, 1973 (see 40 FR
8826). These standards have since been amended several times and re-
codified as a National Emission Standard for Hazardous Air Pollutants
(NESHAP) in 40 CFR part 61, subpart M, ``National Emission Standard for
Asbestos'' (Asbestos NESHAP). The Asbestos NESHAP applies to several
asbestos-emitting categories, and includes emission and/or work
practice standards for: asbestos mills, including their waste disposal
practices, and roadways; numerous manufacturing operations that use
commercial asbestos, including their waste disposal practices;
demolitions/renovations; spraying and fabricating operations;
installation of insulating materials; and both active and inactive
waste disposal sites.
On November 15, 2005 and January 10, 2006, respectively, EPA
received an application, and a supplement to that application, from the
NH DES. The application, which was determined to be complete on April
13, 2006, concerned a rule adjustment pursuant to the provisions of 40
CFR part 63, subpart E, section 63.92. Specifically, NH DES requested
the rule adjustment in order to implement and enforce New Hampshire
Rule Env-A 1800 entitled ``Asbestos Management and Control'' in place
of the Federal asbestos regulations found at 40 CFR part 61, subpart M,
except for inactive waste disposal sites not operating after July 9,
1981.
EPA is approving this request and incorporating it into 40 CFR
parts 61 and 63. This action will have a beneficial effect on air
quality by reducing asbestos emissions. This action is being taken
under section 112 of the Clean Air Act.
II. What requirements must a state rule meet to adjust a Section 112
rule?
Under CAA section 112(l), EPA may approve state or local rules or
programs to be implemented and enforced in place of certain otherwise
applicable Federal rules, emissions standards, or requirements, when
the state or local rules are determined to be no less stringent than
the corresponding Federal rules or requirements. The Federal
regulations governing EPA's approval of state and local rules or
programs under section 112(l) are located at 40 CFR part 63, subpart E
(see 58 FR 62262, November 26, 1993 as amended at 65 FR 55810,
September 14, 2000). Under these regulations, a state air pollution
control agency has the option to request EPA's approval to adjust a
state rule for the applicable section 112 Federal rule (NESHAP). To
receive EPA approval using this option, the requirements of 40 CFR part
63, subpart E, sections 63.91 and 63.92 must be met. Upon approval, the
state agency is given the authority to implement and enforce its rule
in place of the NESHAP.
Section 112(l)(5) of the Act requires that a state's NESHAP program
contain adequate authorities to assure compliance with each applicable
federal requirement, adequate resources for implementation, and an
expeditious compliance schedule. These are also requirements for an
adequate operating permits program under 40 CFR part 70. On September
24, 2001, EPA promulgated full approval of the state's operating
permits program as administered by NH DES (See 66 FR 48806). In
addition, on May 16, 2001, EPA provided ``up-front'' approval of NH
DES's request to implement and enforce alternative requirements in the
form of title V permit terms and conditions for subpart S, ``National
Emission Standards for Hazardous Air Pollutants from the Pulp and Paper
Industry'' (Pulp and Paper MACT I), and subpart MM, ``National Emission
Standards for Chemical Recovery Combustion Sources at Kraft, Soda,
Sulfite and Stand-Alone Semichemical Pulp Mills'' (Pulp and Paper MACT
II) (see 66 FR 27032). Under 40 CFR 63.91(d)(2), once a state has
satisfied up-front approval criteria, it needs only to reference the
previous demonstration and reaffirm that it still meets the criteria
for any subsequent submittals. NH DES has affirmed that it still meets
the up-front approval criteria.
Additionally, the ``rule adjustment'' option requires EPA to ``make
a detailed and thorough evaluation of the state's submittal to ensure
that it meets the stringency and other requirements'' of 40 CFR 63.92
(see 65 FR 55840). A rule will be approved if EPA finds: (1) The state
or local rules are ``no less stringent'' than the corresponding Federal
regulations, (2) the state or local government has adequate authorities
to implement and enforce the rules, and (3) the schedule for
implementation and compliance is ``no less stringent'' than the
deadlines established in the otherwise applicable Federal rule. See 40
CFR 63.92(b).
III. When did the authority to Implement and Enforce Section 112
Standards become effective in New Hampshire?
On October 2, 1996, EPA approved New Hampshire's program under
section 112(l)(5) and 40 CFR 63.91 for receiving delegation of section
112 standards that are unchanged from Federal standards as promulgated.
This delegation mechanism only applied to Part 70 sources (see 61 FR
51370). On May 9, 2002, the NH DES submitted a request to EPA to
receive straight delegation of authority to implement and enforce
NESHAPs and New Source Performance Standards (NSPSs) for both major and
area sources under a new delegation mechanism. NH DES sought to take
delegation of these standards by incorporating the standards into NH
DES's regulations. On September 19, 2002, EPA approved this delegation
mechanism (see 67 FR 59001). Among other standards, NH DES incorporated
by reference the Asbestos NESHAP, with the exception of 40 CFR 61.151,
the standard for inactive waste disposal sites for asbestos mills and
manufacturing and fabricating operations.
NH DES did not request straight delegation of Sec. 61.151 because
it had submitted a partial rule substitution pursuant to 40 CFR 63.93
for a portion of that rule. On May 23, 2003, EPA approved NH DES's
request for a rule substitution for inactive waste disposal sites not
operating after July 9, 1981 (68 FR 31611). NH DES's request sought no
change in delegation relative to inactive asbestos waste disposal sites
not operating after July 9, 1981. Therefore, NH's request for a rule
adjustment applies to Subpart M, except for those inactive waste
disposal sites not operating after July 9, 1981.
IV. What are the differences between NH DES's regulation and the
Asbestos NESHAP?
NH DES's asbestos rule Env-A 1800 Asbestos Management and Control
has incorporated by reference most, but not all, of the federal
national emission standards for hazardous air pollutants (40 CFR part
61, subpart M) for asbestos. What follows is a comparison of those
sections of 40 CFR part 61, subpart M that NH DES has not adopted with
the applicable sections of New Hampshire's
[[Page 68748]]
rule, demonstrating that New Hampshire's rule is in each case
equivalent to, or more stringent than, the federal rule.
The rule in which NH DES incorporates by reference, with certain
exceptions, 40 CFR part 61, subpart M reads as follows: ``Env-A 1807.01
Federal Regulation. Under the authority of RSA 141-E:4,II(a)(3), the
owner or operator of a facility subject to this chapter shall comply
with the provisions of 40 CFR 61, subpart M, as in effect on July 1,
2004, except for: (a) The definition of ``facility'' in 40 CFR 61.141;
and (b) The provisions of 40 CFR 61.145(c)(1)(i), 61.145(c)(1)(ii),
61.145(c)(1)(iv), 61.149(c)(2), 61.150(a)(4), 61.150(a)(5),
61.150(b)(3), 61.151 with respect to disposal sites not operated after
July 9, 1981, 61.151(c), 61.152(b)(3), 61.154(c), 61.154(d), 61.155(a)
and 61.157.''
New Hampshire's definition of ``facility'' at Env-A 1802.01(n)
includes single family dwellings, and is thus more stringent than the
federal definition, which excludes residential buildings with four or
fewer units.
Env-A 1807.01(b): The first three exceptions under Env-A
1807.01(b), namely 40 CFR 61.145(c)(1)(i), 61.145(c)(1)(ii), and
61.145(c)(1)(iv), are demolition work practices that may be considered
together. Section 61.145 contains the standard for asbestos demolition
and renovation, subsection (c) contains the procedures for asbestos
emission control, and paragraph (1) provides for the removal of all
regulated asbestos-containing material (RACM), except RACM need not be
removed before demolition if:
(i) It is Category I nonfriable ACM that is not in poor condition
and is not friable;
(ii) It is on a facility component that is encased in concrete or
other similarly hard material and is adequately wet whenever exposed
during demolition; or
(iii) They are Category II nonfriable ACM and the probability is
low that the materials will become crumbled, pulverized, or reduced to
powder (i.e., made friable) during demolition.
In Env-A 1802.01 NH DES adopts the federal definitions for RACM and
Category I and II nonfriable ACM. However, unlike in the federal rule,
in Env-A 1805.09, NH DES requires that even (i) Category I nonfriable
ACM that is not in poor condition and is not friable, (ii) RACM on
facility components that are encased in concrete or other similarly
hard material and (iv) Category II nonfriable ACM must be removed prior
to demolition. Therefore, New Hampshire's rule is more stringent than
the federal rule at 40 CFR 61.145(c)(1)(i), 61.145(c)(1)(ii), and
61.145(c)(1)(iv).
The next exception to the federal rule in New Hampshire's rule is
40 CFR 61.149(c)(2). This section, together with Sec. Sec.
61.150(a)(4), 61.151(c), 61.152(b)(3), 61.154(d) and 61.155(a), is non-
delegable to the states under the provisions of 40 CFR 61.157.
NH DES did not to adopt 40 CFR 61.150(a)(5), which provides an
exception to the standard for waste disposal for manufacturing,
fabricating, demolition, renovation, and spraying operations. Section
61.150(a) states that each owner or operator of an applicable source
shall ``discharge no visible emissions to the outside air during the
collection, processing, packaging, or transporting of any asbestos-
containing waste material * * *'' Subparagraph (5) states: ``As applied
to demolition and renovation, the requirements of paragraph (a) of this
section do not apply to Category I nonfriable ACM waste and Category II
nonfriable ACM waste that did not become crumbled, pulverized, or
reduced to powder.'' NH DES will regulate both Category I and Category
II nonfriable ACM in demolitions, and therefore did not to adopt the
provisions of 40 CFR 61.150(a).
For the same reason, NH DES did not adopt 40 CFR 61.150(b)(3).
Paragraph 61.150(b) states that ``All asbestos-containing waste
material shall be deposited as soon as is practical by the waste
generator'' at an approved site. Subparagraph 61.150(b)(3) excludes
``Category I nonfriable ACM that is not RACM.'' Again, NH DES has
chosen to regulate this material.
NH DES did not adopt 40 CFR 61.151 with respect to disposal sites
not operated after July 9, 1981. This is a special case covered by New
Hampshire's waste management regulation Env-Wm 3900, for which
equivalency has already been determined by EPA.
Finally, NH DES did not adopt 40 CFR 61.154(c). This section
contains the standard for active waste disposal sites. Paragraph (c)
provides an alternative to the ``no visible emissions'' standard of 40
CFR 61.154(a), but New Hampshire's rule is more stringent than the
federal rule, in that it does not allow this alternative approach.
In conclusion, in each case where New Hampshire's asbestos rule
Env-A 1800 differs from the federal asbestos NESHAP 40 CFR part 61,
subpart M, New Hampshire's rule is more stringent or at least
equivalent to the federal rule. Also, NH DES incorporated the 40 CFR
part 61, subpart A General Provisions into New Hampshire's rule Env-
500. Consequently, with this approval, the general provisions of
subpart A will apply to any source subject to New Hampshire's asbestos
rule Env-A 1800.
V. What action is EPA taking?
After reviewing NH DES's rule adjustment request and equivalency
demonstration for the Asbestos NESHAP as it applies to certain
asbestos-emitting operations, EPA has determined this request meets all
the requirements necessary for approval under CAA Section 112(l) and 40
CFR 63.91 and 63.92. Accordingly, the NH DES is granted the authority
to implement and enforce Env-A 1800 entitled ``Asbestos Management and
Control'' in place of the Federally-approved Asbestos NESHAP except for
inactive waste disposal sites that ceased operation on or before July
9, 1981. Although this approval grants NH DES primary implementation
and enforcement responsibility, EPA retains the right, pursuant to CAA
section 112(l)(7), to enforce any applicable emission standard or
requirement under CAA section 112. As of the effective date of this
action, NH DES's Env-A 1800 is the Federally-enforceable standard for
asbestos sources under the NH DES's jurisdiction. This rule will be
enforceable by the EPA Administrator and the citizens under the CAA.
VI. Opportunities for Public Comment
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 this delegation request
should relevant adverse comments be filed. This rule will be effective
January 29, 2007 without further notice unless the Agency receives
relevant adverse comments by December 28, 2006.
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 29, 2007 and no further action will
be taken on the proposed
[[Page 68749]]
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.
VII. Statutory and Executive Order Reviews
A. Executive Orders 12866 and 13045
The Office of Management and Budget has exempted this regulatory
action from Executive Order 12866, entitled ``Regulatory Planning and
Review.'' This rule is not subject to Executive Order 13045, entitled,
``Protection of Children from Environmental Health Risks and Safety
Risks,'' because it is not an ``economically significant'' action under
Executive Order 12866.
B. Executive Order 13211
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.
C. Executive Order 13175
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
This final rule does not have tribal implications. This action
allows the State of New Hampshire to implement equivalent state
requirements in lieu of pre-existing Federal requirements as applied
only to certain asbestos-emitting activities. This action will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this rule.
D. Executive Order 13132
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This action simply allows New
Hampshire to implement equivalent alternative requirements to replace a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. Thus, Executive Order 13132 does not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C.
601 et seq. generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small not-for-profit
enterprises, and small governmental entities with jurisdiction over
populations of less than 50,000. This final rule will not have a
significant impact on a substantial number of small entities because
approvals under 40 CFR 63.92 do not create any new requirements. Such
approvals simply allow the state to implement and enforce equivalent
requirements in place of the Federal requirements that EPA is already
imposing. Therefore, because this approval does not create any new
requirements, I certify that this action will not have a significant
economic impact on a substantial number of small entities.
F. Unfunded Mandates
Under section 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
annual 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 annual costs of
$100 million or more to either state, local, or tribal governments in
the aggregate, or to the private sector.
This Federal action allows New Hampshire to implement equivalent
alternative requirements in lieu of pre-existing requirements under
Federal law, and imposes no new requirements. Accordingly, no
additional costs to state, local, or tribal governments, or to the
private sector, result from this action.
G. Submission to Congress and the Comptroller General
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 rule 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. This rule is not a
``major'' rule as defined by 5 U.S.C. 804(2).
H. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 104-113, section 12(d) (15
U.S.C. 272 note) directs EPA to use voluntary consensus standards in
its regulatory activities unless to do so would be
[[Page 68750]]
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by voluntary consensus
standards bodies. The NTTAA directs EPA to provide Congress, through
OMB, explanations when the Agency decides not to use available and
applicable voluntary consensus standards. This action does not involve
technical standards. Therefore, the NTTAA does not apply to this rule.
I. 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 January 29, 2007. 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)).
List of Subjects
40 CFR Part 61
Environmental protection, Air pollution control, Administrative
practice and procedure, Hazardous substances, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.
40 CFR Part 63
Environmental protection, Air pollution control, Administrative
practice and procedure, Hazardous substances, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.
Dated: October 17, 2006.
Robert W. Varney,
Regional Administrator, EPA New England.
0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:
PART 61--[AMENDED]
0
1. The authority citation for part 61 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A--General Provisions
0
2. Section 61.04 is amended by redesignating paragraph (c)(1) as
paragraph (c)(1)(i), and adding paragraph (c)(1)(ii) to read as
follows:
Sec. 61.04 Address.
* * * * *
(c) * * *
(1)(i) * * *
(ii) The remainder of the sources subject to the part 61 subpart M
Asbestos provisions, except for those listed under paragraph (c)(1)(i)
of this section, must comply with the New Hampshire Regulations
Applicable to Hazardous Air Pollutants, September 2006. The Director of
the Federal Register approves this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a
copy from the Air and Radiation Docket and Information Center, U.S.
EPA, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC.
You may examine this material at the above EPA office or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *
PART 63--[AMENDED]
0
3. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A--General Provisions
0
4. Section 63.14 is amended by redesignating paragraph (d)(5) as
paragraph (d)(5)(i), and adding paragraph (d)(5)(ii) to read as
follows:
Sec. 63.14 Incorporation by reference.
* * * * *
(d) * * *
(5)(i) * * *
(ii) New Hampshire Regulations Applicable to Hazardous Air
Pollutants, September 2006. Incorporation by Reference approved for
Sec. 63.99(a)(29)(iv) of subpart E of this part.
* * * * *
Subpart E--Approval of State Programs and Delegation of Federal
Authorities
0
5. Section 63.99 is amended by adding paragraph (a)(29)(iv) to read as
follows:
Sec. 63.99 Delegated Federal authorities.
(a) * * *
(29) * * *
(iv) Affected asbestos facilities (i.e., facilities found under 40
CFR part 61, subpart M, except those listed under paragraph
(a)(29)(iii) of this section), must comply with the New Hampshire
Regulations Applicable to Hazardous Air Pollutants, September 2006,
(incorporated by reference as specified in Sec. 63.14) as follows:
(A) The material incorporated in the New Hampshire Regulations
Applicable to Hazardous Air Pollutants, September 2006, (incorporated
by reference as specified in Sec. 63.14) pertains to those affected
asbestos facilities in the State of New Hampshire's jurisdiction, and
has been approved under the procedures in 40 CFR 63.92 to be
implemented and enforced in place of the federal NESHAPs found at 40
CFR part 61, subpart M (except for those listed under paragraph
(a)(29)(iii) of this section).
(B) [Reserved]
* * * * *
[FR Doc. E6-20157 Filed 11-27-06; 8:45 am]
BILLING CODE 6560-50-P