[Federal Register Volume 77, Number 200 (Tuesday, October 16, 2012)]
[Rules and Regulations]
[Pages 63228-63234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25300]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2011-0317 and EPA-R01-OAR-2011-0321 (CT); EPA-R01-OAR-
2011-0318 and EPA-R01-OAR-2011-0322 (ME); EPA-R01-OAR-2009-0459 and 
EPA-R01-OAR-2011-0323 (MA); EPA-R01-OAR-2009-0460 and EPA-R01-OAR-2011-
0324 (NH); A-1-FRL-9740-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Connecticut, Maine, Massachusetts, New Hampshire; Infrastructure SIPs 
for the 1997 and 2006 Fine Particulate Matter Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving most elements of submittals from the States 
of Connecticut, Maine, Massachusetts, and New Hampshire. We are also 
conditionally approving certain elements of these submittals, as well 
as disapproving a few elements of Massachusetts' submittals. The 
submittals outline how each state's State Implementation Plan (SIP) 
meets the requirements of section 110(a) of the Clean Air Act (CAA) for 
both the 1997 and 2006 fine particulate matter (PM2.5) 
national ambient air quality standards (NAAQS). These actions are being 
taken under the Clean Air Act.

DATES: This rule is effective on November 15, 2012.

ADDRESSES: EPA has established dockets for these actions under Docket 
Identification No. EPA-R01-OAR-2011-0317 and EPA-R01-OAR-2011-0321 for 
Connecticut,\1\ EPA-R01-OAR-2011-0318 and EPA-R01-OAR-2011-0322 for 
Maine, EPA-R01-OAR-2009-0459 and EPA-R01-OAR-2011-0323 for 
Massachusetts, and EPA-R01-OAR-2009-0460 and EPA-R01-OAR-2011-0324 for 
New Hampshire. All documents in the dockets are listed on the 
www.regulations.gov Web site. 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 through 
www.regulations.gov or in hard copy at the Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Quality Planning 
Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA requests that if 
at all possible, you contact the contact listed in the FOR FURTHER 
INFORMATION CONTACT section to schedule your inspection. The Regional 
Office's official hours of business are Monday through Friday, 8:30 to 
4:30, excluding legal holidays.
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    \1\ For each State, the first docket number refers to the docket 
for the 1997 PM2.5 infrastructure submittal and the 
second docket number refers to the docket for the 2006 
PM2.5 infrastructure submittal.
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    Copies of the documents relevant to this action are also available 
for public inspection during normal business hours, by appointment at 
the respective State Air Agency: The Bureau of Air Management, 
Department of Energy and Environmental Protection, State Office 
Building, 79 Elm Street, Hartford, CT 06106-1630; the Bureau of Air 
Quality Control, Department of Environmental Protection, First Floor of 
the Tyson Building, Augusta Mental Health Institute Complex, Augusta, 
ME 04333-0017; Division of Air Quality Control, Department of 
Environmental Protection, One Winter Street, 8th Floor, Boston, MA 
02108; and Air Resources Division, Department of Environmental 
Services, 6 Hazen Drive, P.O. Box 95, Concord, NH 03302-0095.

FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 
Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109--
3912, telephone number (617) 918-1684, fax number (617) 918-0684, email 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    The following outline is provided to aid in locating information in 
this preamble.

I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    Under CAA section 110(a)(1), states are required to submit plans 
called state implementation plans (SIPs) that provide for the 
implementation, maintenance and enforcement of each NAAQS. 42 U.S.C. 
7410(a)(1). Section 110(a)(2)(D)(i)(I) of the CAA, in turn, 
specifically requires SIPs to contain provisions adequate to prohibit 
emissions activity within the state that

[[Page 63229]]

contributes significantly to nonattainment or interferes with 
maintenance in another state. 42 U.S.C. 7410(a)(2)(D)(i)(I).
    On July 23, 2012, EPA published a Notice of Proposed Rulemaking 
(NPR) for the States of Connecticut, Maine, Massachusetts, and New 
Hampshire. See 77 FR 43023. The NPR proposed action on submittals from 
these four states that outlined how each state's SIP meets the 
requirements of section 110(a) of the Clean Air Act (CAA) for the 1997 
and 2006 PM2.5 standards.
    The States of Connecticut, Maine, Massachusetts and New Hampshire 
submitted SIPs to meet infrastructure requirements under section 
110(a)(2) for the 1997 and 2006 PM2.5 NAAQS. The SIPs 
addressed the following section 110(a)(2) components:
    (A) Emission limits and other control measures.
    (B) Ambient air quality monitoring/data system.
    (C) Program for enforcement of control measures.
    (D) Interstate transport.
    (E) Adequate resources.
    (F) Stationary source monitoring system.
    (G) Emergency power.
    (H) Future SIP revisions.
    (J) Consultation with government officials, Public notification, 
Prevention of significant deterioration (PSD) and Visibility 
protection.
    (K) Air quality modeling/Data
    (L) Permitting fees.
    (M) Consultation/participation by affected local entities.
    EPA proposed to approve the submittals from all four states as 
fully meeting the infrastructure requirements for the 1997 and 2006 
PM2.5 standards for the following section 110(a)(2) elements 
and sub-elements: (B), (C) (enforcement program only), (E)(i), 
(E)(iii), (F), (G), (H), (J) (consultation), (J) (public notification), 
(K), (L), and (M). EPA also proposed to approve the submittals from 
Maine and New Hampshire as fully meeting the infrastructure 
requirements for the 1997 and 2006 PM2.5 standards for the 
two prongs of section 110(a)(2)(D)(i)(I). These two prongs are (1) 
contribute significantly to nonattainment in any other state with 
respect to any such national primary or secondary NAAQS, and (2) 
interfere with maintenance by any other state with respect to the same 
NAAQS. EPA proposed to determine that their existing SIPs satisfy these 
prongs because emissions from these states do not contribute 
significantly to nonattainment or interfere with maintenance of the 
1997 annual or the 2006 24-hour PM2.5 NAAQS in any other 
state. See 77 FR 43207. In addition, EPA proposed to approve the 
submittals from Maine for the prong of section 110(a)(2)(D)(i)(II) 
related to interference with visibility protection, and the submittals 
from New Hampshire for section 110(a)(2)(D)(ii) related to interstate 
and international pollution abatement.
    EPA proposed to conditionally approve the submittals from all four 
states for the following section 110(a)(2) elements and sub-elements: 
(A) and (E)(ii) (state boards and conflict of interest provisions). We 
proposed to conditionally approve the submittals from three states 
(Connecticut, Maine, and New Hampshire) for section 110(a)(2) sub-
elements (C), (D)(i)(II), and (J) as they relate to the states' PSD 
programs. We also proposed to conditionally approve the submittals from 
Connecticut and Maine for section 110(a)(2)(D)(ii).
    For Massachusetts, EPA proposed to disapprove the state's 
submittals for section 110(a)(2) sub-elements (C), (D)(i)(II), and (J) 
as they relate to the state's PSD program, as well as (D)(ii), which 
relates to interstate and international pollution abatement. 
Notwithstanding our conclusion that Massachusetts' section 110(a) 
submissions do not meet these PSD requirements, the state is already 
subject to a Federal Implementation Plan (FIP) for PSD, and so EPA has 
no additional FIP obligations under section 110(c). Furthermore, the 
state will not be subject to mandatory sanctions as a result of this 
disapproval.
    A detailed explanation of the requirements for PM2.5 
infrastructure SIPs, as well as EPA's analysis of the submittals from 
Connecticut, Maine, Massachusetts, and New Hampshire, was provided in 
the NPR and is not restated here.

II. Response to Comments

    EPA received comments on our proposed action from an anonymous 
commenter and from the Sierra Club. The anonymous commenter noted that 
EPA's action on the four states' infrastructure SIPs for the 1997 and 
2006 PM2.5 NAAQS is a good move to alleviate air pollution, 
thus reducing poor air quality days. EPA agrees with this commenter. 
The Sierra Club's comments focused on the states' air-quality standards 
and PSD programs, and a recent judicial decision vacating the Cross 
State Air Pollution Rule (CSAPR). The comments are provided in the 
dockets for today's final actions. A summary of the comments and EPA's 
responses are provided below.
    Comment 1: The Sierra Club noted that section 110(a)(2)(A) requires 
SIPs to include enforceable emission limits. The Sierra Club argued 
that any infrastructure SIP submissions ultimately approved by EPA must 
include emissions limitations on direct PM2.5 emissions, PM 
precursors, and condensable PM. It also asserted that the state 
infrastructure SIP submissions needed to impose specific 
PM2.5 emissions limitations on major sources such as the 
Schiller and Merrimack coal-fired power plants in New Hampshire, the 
Mount Tom and Brayton Point plants in Massachusetts, and the Bridgeport 
plant in Connecticut.
    Response 1: In this action, EPA is conditionally approving the 
states' PM2.5 infrastructure SIPs with respect to section 
110(a)(2)(A) pending each state's timely submission (i.e., within one 
year of conditional approval) of specific enforceable measures to 
fulfill specific requirements of section 110(a)(2)(A) as explained in 
the proposal. We will review each state's submission as it is received, 
and will propose to approve or disapprove that submission based on our 
evaluation of whether the submission meets the applicable requirements 
of section 110(a)(2)(A) relevant to infrastructure SIP requirements. At 
that time, it will be appropriate for commenters to raise any questions 
regarding whether the submission has met applicable requirements.
    Comment 2: The Sierra Club noted that sections 110(a)(2)(C), (D), 
and (J) require infrastructure submittals to include, among other 
things, a SIP-approved PSD program that meets all federal requirements. 
The Sierra Club argued that any infrastructure SIP submission approved 
by EPA must include PM2.5 increments under the PSD Program.
    Response 2: In this action, EPA is conditionally approving the 
infrastructure SIPs submitted by Connecticut, Maine, and New Hampshire 
with respect to sections 110(a)(2)(C), (D), and (J) pending each 
state's timely submission (i.e., within one year of conditional 
approval) of specific enforceable measures to fulfill requirements of 
sections 110(a)(2)(C), (D), and (J) as explained in the proposal. EPA 
proposed conditional approval consistent with EPA's authority under 
section 110(k)(4), and based upon a commitment by each State to address 
these deficiencies within one year. We will review each state's 
submission as it is received, and will propose to approve or disapprove 
that submission based on our evaluation of whether the submission meets 
the applicable

[[Page 63230]]

requirements of section 110(a)(2)(C), D(i)(II), and (J), relevant to 
infrastructure SIP requirements. At that time, it will be appropriate 
for commenters to raise any questions regarding whether the submission 
has met applicable requirements. As described in section 110(k)(4), 
should the States fail to meet their commitments to address these 
deficiencies, a final conditional approval for these elements would 
become a disapproval. The Commenter does not argue that this proposed 
action is inconsistent with the requirements of the CAA.
    However, EPA disagrees with Commenter's suggestion that EPA must 
generally approve the PM2.5 increments prior to fully 
approving sections 110(a)(2)(C), (D), and (J). Pursuant to the 2010 PSD 
for PM2.5 Rule (75 FR 64864, October 20, 2010) and CAA 
section 166(b), States were not required to submit a revised SIP 
addressing the PM2.5 increments until July 20, 2012. The 
Agency proposed action on Connecticut, Maine, and New Hampshire's 
infrastructure SIPs in a notice signed on July 16, 2012.\2\ Therefore, 
on the date that the proposed rule was signed by the Agency, the 
PM2.5 increments were not required to be included in the 
States' SIPs in order for the States to meet the PSD requirements of 
sections 110(a)(2)(C), (D), and (J) of the Act. However, Connecticut, 
Maine, and New Hampshire each submitted to EPA a request for a 
conditional approval of these infrastructure elements based, in part, 
on its commitment to adopt the PM2.5 increments into the 
State rules and submit revisions including the PM2.5 
increments to EPA within one year of EPA's conditional approval. 
Accordingly, although EPA would not generally have been required to 
address the PM2.5 increments prior to the deadline for 
submission of such revisions on July 20, 2012, because the States 
requested conditional approval contingent on their commitments to 
address the increments, EPA's proposed conditional approval was also 
made contingent on those commitments. EPA will review the sufficiency 
of any future submissions made by the States in order to satisfy the 
conditional approvals consistent with its commitments and in accordance 
with the CAA.
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    \2\ Although the notice was published by the Federal Register on 
July 23, 2012, the notice was signed by the Regional Administrator 
on July 16, 2012, before the statutory deadline for submission of 
the SIP revision addressing the PM2.5 increments.
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    Furthermore, we are disapproving the Massachusetts submittals with 
respect to sections 110(a)(2)(C), (D), and (J). Massachusetts does not 
have an approved PSD SIP, and has long been subject to a FIP. Because 
the state is subject to a PSD FIP, PM2.5 increments are 
applied consistent with the federal program. Although Massachusetts' 
infrastructure submissions are not approvable with respect to sections 
110(a)(2)(C), (D), and (J), the state is not subject to mandatory 
sanctions because the SIP deficiencies are not associated with a 
submittal required under part D or in response to a SIP call. In 
addition, because state requirements are satisfied by the FIP, this 
disapproval action will not trigger additional FIP obligations.
    Comment 3: The Sierra Club noted that on August 21, 2012, the D.C. 
Circuit Court issued an opinion vacating the Cross State Air Pollution 
Rule (CSAPR), which is also known as the Transport Rule and was 
promulgated by EPA in 2011 to address interstate pollution issues. See 
EME Homer City Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir. August 
21, 2012). The Sierra Club asserted that EPA can no longer approve any 
submission in which compliance with interstate transport (section 
110(a)(2)(D)(i)(I)) or visibility (section 110(a)(2)(D)(i)(II)) 
requirements are based on the CSAPR.
    Response 3: We discuss sections 110(a)(2)(D)(i)(I) and 
110(a)(2)(D)(i)(II) separately.
    Section 110(a)(2)(D)(i)(I): In this action, EPA is approving 
infrastructure SIP submissions for Maine and New Hampshire with respect 
to both prongs of section 110(a)(2)(D)(i)(I): (1) contribute 
significantly to nonattainment in any other state with respect to any 
such national primary or secondary NAAQS; and (2) interfere with 
maintenance by any other state with respect to that NAAQS. The CSAPR 
also addressed and quantified certain states' requirements under 
section 110(a)(2)(D)(i)(I). See 76 FR 48208. Neither Maine nor New 
Hampshire were subject to any requirements under the CSAPR, see 76 FR 
48208, 48236-45 (Aug. 8, 2011), and neither state's compliance with the 
requirements of section 110(a)(2)(D)(i)(I) is based on CSAPR. As such, 
this action does not rely on any requirements of the CSAPR or emission 
reductions associated with that rule to support its conclusion that 
these two states have met their 110(a)(2)(D)(i)(I) obligations with 
respect to the 1997 and 2006 PM2.5 NAAQS.
    EPA's decision to approve the infrastructure SIPs for Maine and New 
Hampshire for this element is based on our conclusion that the existing 
SIPs for both states have adequate provisions to satisfy the obligation 
under section 110(a)(2)(D)(i)(I) of the CAA to address these 
requirements with respect to the 1997 annual and the 2006 24-hour 
PM2.5 NAAQS. As explained in section III of this notice, 
this conclusion is based on air quality modeling originally conducted 
to quantify each individual state's contributions to downwind 
nonattainment and maintenance areas during the rulemaking process for 
the CSAPR.
    The recent D.C. Circuit opinion in the CSAPR litigation, EME Homer 
City Generation v. EPA, No. 11-1302 (D.C. Cir., August 21, 2012), does 
not alter our conclusion that the existing SIPs for Maine and New 
Hampshire adequately address this requirement. Nothing in the Homer 
City opinion disturbs or calls into question that conclusion or the 
validity of the air quality modeling on which the conclusion is based. 
In addition, nothing in that opinion undermines our conclusion that 
Maine and New Hampshire do not contribute significantly to 
nonattainment or interfere with maintenance in another state because 
emissions from neither state contributes more than one percent of the 
1997 or 2006 PM2.5 NAAQS to any downwind area with 
nonattainment or maintenance problems.\3\
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    \3\ To the contrary, the Court looked favorably upon EPA's 
determination to exclude certain states from the CSAPR based on the 
amount of the upwind State's contribution to nonattainment and 
maintenance areas in downwind states. See EME Homer City, slip op. 
at 34.
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    Section 110(a)(2)(D)(i)(II): For New Hampshire, we will take 
separate action on PM2.5 infrastructure SIP visibility 
requirements. Notably, we recently approved the New Hampshire Regional 
Haze SIP. See 77 FR 50602, August 22, 2012. However, we are not taking 
action on section 110(a)(2)(D)(i)(II) visibility requirements for New 
Hampshire today.
    For Maine, in this action, we are approving Maine's 
PM2.5 infrastructure SIP as meeting the visibility 
requirements of section 110(a)(2)(D)(i)(II). This approval is based on 
the fact that EPA has approved Maine's Regional Haze SIP for the first 
planning period from 2008 through 2018 (77 FR 24385).

III. Final Action

    EPA is approving PM2.5 infrastructure SIP submittals 
from Connecticut, Maine, Massachusetts, and New Hampshire as fully 
meeting the infrastructure requirements for the 1997 and 2006 
PM2.5 standards for the following 110(a)(2) elements and 
sub-elements: (B), (C) (enforcement program), (E)(i), (E)(iii), (F), 
(G), (H), (J) (consultation), (J) (public notification), (K), (L), and 
(M). EPA is also approving the submittals from Maine and New Hampshire 
as

[[Page 63231]]

fully meeting the infrastructure requirements for the 1997 and 2006 
PM2.5 standards for the two prongs of section 
110(a)(2)(D)(i)(I). These two prongs are (1) contribute significantly 
to nonattainment in any other state with respect to any such national 
primary or secondary NAAQS, and (2) interfere with maintenance by any 
other state with respect to the same NAAQS. EPA's decision to approve 
the infrastructure SIPs for Maine and New Hampshire for this element is 
based on our conclusion that the existing SIPs for both states have 
adequate provisions to satisfy the obligation under section 
110(a)(2)(D)(i)(I) of the CAA to address these requirements with 
respect to the 1997 and 2006 PM2.5 NAAQS. This conclusion is 
based on air quality modeling originally conducted to quantify each 
individual state's contributions to downwind nonattainment and 
maintenance areas during the rulemaking process for the CSAPR. A 
technical support document describing that modeling is available in the 
dockets for the Maine and New Hampshire portions of this rulemaking. 
This air quality modeling demonstrates that emissions from the states 
of Maine and New Hampshire do not contribute more than one percent of 
the NAAQS to any downwind areas with nonattainment and maintenance 
problems with respect to the 1997 and the 2006 PM2.5 NAAQS. 
For this reason, EPA concludes that these states do not contribute 
significantly to nonattainment or interfere with maintenance of the 
1997 or 2006 PM2.5 NAAQS in another state.
    In addition, EPA is approving the submittals from Maine for the 
prong of section 110(a)(2)(D)(i)(II) related to interference with 
visibility protection. EPA is also approving the submittals from New 
Hampshire for 110(a)(2)(D)(ii) related to interstate and international 
pollution abatement.
    EPA is conditionally approving the submittals from all four states 
for the following 110(a)(2) elements and sub-elements: (A) and (E)(ii) 
(state boards and conflict of interest provisions). We are 
conditionally approving the submittals from three states (Connecticut, 
Maine, and New Hampshire) for section 110(a)(2) sub-elements (C), 
(D)(i)(II), and (J) as they relate to the states' PSD programs. We are 
also conditionally approving the submittals from Connecticut and Maine 
for 110(a)(2)(D)(ii).
    For Massachusetts, EPA is disapproving the state's submittals for 
section 110(a)(2) sub-elements (C), (D)(i)(II), and (J) as they relate 
to the state's PSD program, as well as (D)(ii), which relates to 
interstate and international pollution abatement. Notwithstanding our 
conclusion that the Massachusetts' 110(a) submissions do not meet these 
PSD requirements, the state is already subject to a Federal 
Implementation Plan (FIP) for PSD, and so EPA has no additional FIP 
obligations under section 110(c). Furthermore, the state will not be 
subject to mandatory sanctions as a result of this disapproval.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves State law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP either is not approved to apply in Indian country located in the 
state or does not alter the requirements of any state law that may 
already apply in Indian country. EPA notes that this approval will not 
impose substantial direct costs on tribal governments or preempt tribal 
law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 17, 2012. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2)).

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: September 27, 2012.
H. Curtis Spalding,
Regional Administrator, Region 1.

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

[[Page 63232]]

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart H--Connecticut

0
2. Section 52.379 is amended by adding paragraphs (c), (d), (e), and 
(f) to read as follows:


Sec.  52.379  Control strategy: PM2.5.

* * * * *
    (c) Approval--Submittal from the Connecticut Department of 
Environmental Protection, dated September 4, 2008, to address the Clean 
Air Act (CAA) infrastructure requirements for the 1997 PM2.5 
National Ambient Air Quality Standard (NAAQS). This submittal is 
approved as meeting the requirements of sections 110(a)(2)(B), (C) 
(enforcement program only), (E)(i), (E)(iii), (F), (G), (H), (J) 
(consultation and public notification only), (K), (L), and (M).
    (d) Conditional Approval--Submittal from the Connecticut Department 
of Environmental Protection, dated September 4, 2008, to address the 
Clean Air Act (CAA) infrastructure requirements for the 1997 
PM2.5 National Ambient Air Quality Standard (NAAQS). EPA is 
conditionally approving Connecticut's submittal with respect to CAA 
sections 110(a)(2)(A), (C) only as it related to the PSD program, 
(D)(ii), (E)(ii), and (J) only as it relates to the PSD program. This 
conditional approval is contingent upon Connecticut taking actions to 
meet requirements of these elements within one year of conditional 
approval, as committed to in letters from the state to EPA Region 1 
dated June 15, 2012, and July 11, 2012.
    (e) Approval--Submittal from the Connecticut Department of 
Environmental Protection, dated September 18, 2009, with supplements 
submitted on January 7, 2011, and August 19, 2011, to address the Clean 
Air Act (CAA) infrastructure requirements for the 2006 PM2.5 
National Ambient Air Quality Standard (NAAQS). This submittal is 
approved as meeting the requirements of sections 110(a)(2)(B), (C) 
(enforcement program only), (E)(i), (E)(iii), (F), (G), (H), (J) 
(consultation and public notification only), (K), (L), and (M).
    (f) Conditional Approval--Submittal from the Connecticut Department 
of Environmental Protection, dated September 18, 2009, with supplements 
submitted on January 7, 2011, and August 19, 2011, to address the Clean 
Air Act (CAA) infrastructure requirements for the 2006 PM2.5 
National Ambient Air Quality Standard (NAAQS). EPA is conditionally 
approving Connecticut's submittal with respect to CAA sections 
110(a)(2)(A), (C) only as it related to the PSD program, (D)(ii), 
(E)(ii), and (J) only as it relates to the PSD program. This 
conditional approval is contingent upon Connecticut taking actions to 
meet requirements of these elements within one year of conditional 
approval, as committed to in letters from the state to EPA Region 1 
dated June 15, 2012, and July 11, 2012.

Subpart U--Maine

0
3. Section 52.1019 is added to read as follows:


Sec.  52.1019  Identification of plan--conditional approval.

    (a) 1997 PM2.5 NAAQS: The SIP submitted September 10, 
2008, with a supplement submitted on June 1, 2011, is conditionally 
approved for Clean Air Act (CAA) elements 110(a)(2)(A), (C) only as it 
relates to the PSD program, (D)(i)(II) only as it relates to the PSD 
program, (D)(ii), (E)(ii), and (J) only as it relates to the PSD 
program. This conditional approval is contingent upon Maine taking 
actions to meet requirements of these elements within one year of 
conditional approval, as committed to in letters from the state to EPA 
Region 1 dated June 13, 2012, and June 30, 2012.
    (b) 2006 PM2.5 NAAQS: The SIP submitted July 27, 2009, 
with a supplement submitted on June 1, 2011, is conditionally approved 
for CAA elements 110(a)(2)(A), (C) only as it relates to the PSD 
program, (D)(i)(II) only as it relates to the PSD program, (D)(ii), 
(E)(ii), and (J) only as it relates to the PSD program. This 
conditional approval is contingent upon Maine taking actions to meet 
requirements of these elements within one year of conditional approval, 
as committed to in letters from the state to EPA Region 1 dated June 
13, 2012, and June 30, 2012.


0
4. In Sec.  52.1020, the table in paragraph (e) is amended by adding 
two entries to the end to read as follows:


Sec.  52.1020  Identification of plan.

* * * * *
    (e) * * *

                                              Maine Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of non regulatory SIP      geographic or     State submittal   EPA approved date
           provision               nonattainment      date/effective          \3\              Explanations
                                        area               date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Submittal to meet Section        Statewide........  9/10/2008;         10/16/2012         This submittal is
 110(a)(2) Infrastructure                            supplement         [Insert Federal    approved with respect
 Requirements for the 1997                           submitted 6/1/     Register page      to the following CAA
 PM2.5 NAAQS.                                        2011.              number where the   elements or portions
                                                                        document begins].  thereof: 110(a)(2)
                                                                                           (B), (C) (enforcement
                                                                                           program only),
                                                                                           (D)(i)(I), (D)(i)(II)
                                                                                           (visibility only),
                                                                                           (E)(i), (E)(iii),
                                                                                           (F), (G), (H), (J)
                                                                                           (consultation and
                                                                                           public notification
                                                                                           only), (K), (L), and
                                                                                           (M).
Submittal to meet Section        Statewide........  7/27/2009;         10/16/2012         This submittal is
 110(a)(2) Infrastructure                            supplement         [Insert Federal    approved with respect
 Requirements for the 2006                           submitted 6/1/     Register page      to the following CAA
 PM2.5 NAAQS.                                        2011.              number where the   elements or portions
                                                                        document begins].  thereof: 110(a)(2)
                                                                                           (B), (C) (enforcement
                                                                                           program only),
                                                                                           (D)(i)(I), (D)(i)(II)
                                                                                           (visibility only),
                                                                                           (E)(i), (E)(iii),
                                                                                           (F), (G), (H), (J)
                                                                                           (consultation and
                                                                                           public notification
                                                                                           only), (K), (L), and
                                                                                           (M).
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.



[[Page 63233]]

Subpart W--Massachusetts

0
5. Section 52.1131 is amended by adding paragraphs (b), (c), (d), (e), 
(f) and (g) to read as follows:


Sec.  52.1131  Control strategy: Particulate matter.

* * * * *
    (b) Approval--Submittal from the Massachusetts Department of 
Environmental Protection, dated April 4, 2008 to address the Clean Air 
Act (CAA) infrastructure requirements for the 1997 PM2.5 
NAAQS. This submittal satisfies requirements of CAA sections 
110(a)(2)(B), (C) (enforcement program only), (E)(i), (E)(iii), (F), 
(G), (H), (J) (consultation and public notification only), (K), (L), 
and (M).
    (c) Conditional Approval--Submittal from the Massachusetts 
Department of Environmental Protection, dated April 4, 2008, to address 
the Clean Air Act (CAA) infrastructure requirements for the 1997 
PM2.5 NAAQS is conditionally approved for CAA elements 
110(a)(2)(A) and (E)(ii). This conditional approval is contingent upon 
Massachusetts taking actions to meet requirements of these elements 
within one year of conditional approval, as committed to in a letter 
from the state to EPA Region 1 dated July 12, 2012.
    (d) Disapproval--Submittal from the Massachusetts Department of 
Environmental Protection, dated April 4, 2008, to address the Clean Air 
Act (CAA) infrastructure requirements for the 1997 PM2.5 
NAAQS. This submittal does not satisfy requirements of CAA sections 
110(a)(2)(C) (PSD program only), (D)(i)(II) (PSD program only), 
(D)(ii), and (J) (PSD program only).
    (e) Approval--Submittal from the Massachusetts Department of 
Environmental Protection, dated September 21, 2009, with supplements 
submitted on January 13, 2011, and August 19, 2011, to address the 
Clean Air Act (CAA) infrastructure requirements for the 2006 
PM2.5 NAAQS. This submittal satisfies requirements of CAA 
sections 110(a)(2)(B), (C) (enforcement program only), (E)(i), 
(E)(iii), (F), (G), (H), (J) (consultation and public notification 
only), (K), (L), and (M).
    (f) Conditional Approval--Submittal from the Massachusetts 
Department of Environmental Protection, dated September 21, 2009, with 
supplements submitted on January 13, 2011, and August 19, 2011, to 
address the Clean Air Act (CAA) infrastructure requirements for the 
2006 PM2.5 NAAQS is conditionally approved for CAA elements 
110(a)(2)(A) and (E)(ii). This conditional approval is contingent upon 
Massachusetts taking actions to meet requirements of these elements 
within one year of conditional approval, as committed to in a letter 
from the state to EPA Region 1 dated July 12, 2012.
    (g) Disapproval--Submittal from the Massachusetts Department of 
Environmental Protection, dated September 21, 2009, with supplements 
submitted on January 13, 2011, and August 19, 2011, to address the 
Clean Air Act (CAA) infrastructure requirements for the 2006 
PM2.5 NAAQS. This submittal does not satisfy requirements of 
CAA sections 110(a)(2)(C) (PSD program only), (D)(i)(II) (PSD program 
only), (D)(ii), and (J) (PSD program only).

Subpart EE--New Hampshire

0
6. Section 52.1519 is amended by adding paragraphs (a)(3) and (4) to 
read as follows:


Sec.  52.1519  Identification of plan--conditional approval.

    (a) * * *
    (3) 1997 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP 
submitted on April 3, 2008, with a supplement submitted on July 3, 
2012, is conditionally approved for Clean Air Act (CAA) elements 
110(a)(2)(A), (C) only as it relates to the PSD program, (D)(i)(II) 
only as it relates to the PSD program, (E)(ii), and (J) only as it 
relates to the PSD program. This conditional approval is contingent 
upon New Hampshire taking actions to meet requirements of these 
elements within one year of conditional approval, as committed to in a 
letter from the state to EPA Region 1 dated June 29, 2012.
    (4) 2006 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP 
submitted on September 18, 2009, with a supplement submitted on July 3, 
2012, is conditionally approved for CAA elements 110(a)(2)(A), (C) only 
as it relates to the PSD program, (D)(i)(II) only as it relates to the 
PSD program, (E)(ii), and (J) only as it relates to the PSD program. 
This conditional approval is contingent upon New Hampshire taking 
actions to meet requirements of these elements within one year of 
conditional approval, as committed to in a letter from the state to EPA 
Region 1 dated June 29, 2012.
* * * * *

0
7. Section 52.1520 is amended to read as follows:
    In Sec.  52.1520, the table in paragraph (e) is amended by adding 
two entries to the end to read as follows:


Sec.  52.1520  Identification of plan.

* * * * *
    (e) * * *

                                          New Hampshire Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of non regulatory SIP      geographic or     State submittal   EPA approved date
           provision               nonattainment      date/effective          \ 3\             Explanations
                                        area               date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Submittal to meet Section        Statewide........  4/3/2008;          10/16/2012         This submittal is
 110(a)(2) Infrastructure                            supplement         [Insert Federal    approved with respect
 Requirements for the 1997                           submitted 7/3/     Register page      to the following CAA
 PM2.5 NAAQS.                                        2012.              number where the   elements or portions
                                                                        document begins].  thereof:
                                                                                           110(a)(2)(B), (C)
                                                                                           (enforcement program
                                                                                           only), (D)(i)(I),
                                                                                           (D)(ii), (E)(i),
                                                                                           (E)(iii), (F), (G),
                                                                                           (H), (J)
                                                                                           (consultation and
                                                                                           public notification
                                                                                           only), (K), (L), and
                                                                                           (M).
Submittal to meet Section        Statewide........  9/18/2009;         10/16/2012         This submittal is
 110(a)(2) Infrastructure                            supplement         [Insert Federal    approved with respect
 Requirements for the 2006                           submitted 7/3/     Register page      to the following CAA
 PM2.5 NAAQS.                                        2012.              number where the   elements or portions
                                                                        document begins].  thereof:
                                                                                           110(a)(2)(B), (C)
                                                                                           (enforcement program
                                                                                           only), (D)(i)(I),
                                                                                           (D)(ii), (E)(i),
                                                                                           (E)(iii), (F), (G),
                                                                                           (H), (J)
                                                                                           (consultation and
                                                                                           public notification
                                                                                           only), (K), (L), and
                                                                                           (M).
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.


[[Page 63234]]

[FR Doc. 2012-25300 Filed 10-15-12; 8:45 am]
BILLING CODE 6560-50-P