[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Rules and Regulations]
[Pages 35695-35699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14531]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2012-0733, EPA-R01-OAR-2012-0935; A-1-FRL-9911-51-Region-
1]
Approval and Promulgation of Air Quality Implementation Plans;
Maine and New Hampshire; Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the States of Maine
and New Hampshire. The revisions primarily update state regulations
containing ambient air quality standards (AAQS) consistent with EPA
national ambient air quality standards (NAAQS). The intended effect of
this action is to approve these requirements into the Maine and New
Hampshire SIPs. This action is being taken in accordance with the Clean
Air Act (CAA).
DATES: This direct final rule will be effective August 25, 2014, unless
EPA receives adverse comments by July 24, 2014. 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.
ADDRESSES: Submit your comments identified by Docket ID Number EPA-R01-
OAR-2012-0733 for comments pertaining to our action for Maine, or EPA-
R01-OAR-2012-0935 for comments pertaining to our action for New
Hampshire, 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) 918-0047.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2012-0733 or
EPA-R01-OAR-2012-0935,'' Anne Arnold, Manager, Air Quality Planning
Unit, Office of Ecosystem Protection, U.S. Environmental Protection
Agency, EPA New England Regional Office, 5 Post Office Square--Suite
100, (Mail Code OEP05-2), Boston, MA 02109-3912.
5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square--Suite 100, (Mail Code OEP05-2), Boston, MA 02109-
3912. 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 a.m. to 4:30 p.m., excluding
legal holidays.
Instructions: Direct your comments to Docket ID Number EPA-R01-OAR-
2012-0733 for comments pertaining to our action for Maine, or EPA-R01-
OAR-2012-0935 for comments pertaining to our action for New Hampshire.
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
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
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 email
comment directly to EPA without going through www.regulations.gov your
email 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, 5 Post Office
Square--Suite 100, Boston, MA. EPA requests that if at all possible,
you contact the
[[Page 35696]]
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.
In addition, copies of each state's submittal are available for
public inspection during normal business hours, by appointment at the
corresponding state environmental agency: Bureau of Air Quality
Control, Department of Environmental Protection, First Floor of the
Tyson Building, Augusta Mental Health Institute Complex, Augusta, ME
04333-0017; and Air Resources Division, Department of Environmental
Services, P.O. Box 95, 29 Hazen Drive, Concord, NH 03302-0095.
FOR FURTHER INFORMATION CONTACT: David Mackintosh, Air Quality Planning
Unit, U.S. Environmental Protection Agency, New England Regional
Office, 5 Post Office Square--Suite 100, (Mail Code OEP05-02), Boston,
MA 02109-3912, telephone 617-918-1584, facsimile 617-918-0584, 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. What action is EPA taking?
II. What is the background for this action?
III. What is included in the submittals?
A. Maine
B. New Hampshire
IV. EPA's Evaluation of the Submittals
A. Maine
B. New Hampshire
V. Final Action
VI. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is approving two SIP revisions submitted by the State of Maine,
which include Maine's revised Chapter 110, ``Ambient Air Quality
Standards,'' submitted to EPA on August 21, 2012, and Maine's revised
Chapter 114, ``Classification of Air Quality Control Regions,''
submitted to EPA on August 31, 2012. EPA is also approving a SIP
revision submitted by the State of New Hampshire on November 8, 2012,
which includes New Hampshire's revised Env-A 300, ``Ambient Air Quality
Standards.'' These state regulations were revised to reflect updates to
the federal NAAQS and to clarify the boundary description for an
existing air quality control region in the State of Maine.
II. What is the background for this action?
Section 109 of the CAA directs EPA to establish NAAQS requisite to
protect public health with an adequate margin of safety (primary
standard) and for the protection of public welfare (secondary
standard). Section 109(d)(1) of the CAA requires EPA to complete a
thorough review of the NAAQS at 5-year intervals and promulgate new
standards when appropriate. Additionally, Section 107 of the CAA
requires the establishment of air quality control regions for the
purpose of implementing the NAAQS.
On October 17, 2006 (71 FR 61144), EPA revised the primary and
secondary 24-hour NAAQS for fine particulate matter (PM2.5)
to 35 micrograms per cubic meter. This final rule became effective on
December 18, 2006.
On March 27, 2008 (73 FR 16436), EPA revised the NAAQS for ozone,
setting the level of the primary and secondary 8-hour standard to 0.075
parts per million. This final ozone standard rule became effective on
May 27, 2008.
On November 12, 2008 (73 FR 66964), EPA revised the NAAQS for lead,
setting the level of the primary and secondary standard to 0.15
micrograms per cubic meter and revised the averaging time to a rolling
3-month period with a maximum (not-to-be-exceeded) form, evaluated over
a 3-year period. The final lead standard rule became effective on
January 12, 2009.
On February 9, 2010 (75 FR 6474), EPA revised the NAAQS for oxides
of nitrogen as measured by nitrogen dioxide (NO2). EPA
established a 1-hour primary standard for NO2 at a level of
100 parts per billion, based on the 3-year average of the 98th
percentile of the yearly distribution of 1-hour daily maximum
concentrations, to supplement the existing primary and secondary annual
standard of 53 parts per billion (61 FR 52852, Oct 8, 1996). The final
NO2 rule became effective on April 12, 2010.
On June 22, 2010 (75 FR 35520), EPA revised the NAAQS for oxides of
sulfur as measured by sulfur dioxide (SO2). EPA established
a new 1-hour SO2 primary standard at a level of 75 parts per
billion, based on the 3-year average of the annual 99th percentile of
1-hour daily maximum concentrations. EPA also revoked both the previous
24-hour and annual primary SO2 standards. This final rule
became effective on August 23, 2010.
On August 21, 2012, Maine submitted a SIP revision to update its
Chapter 110, ``Ambient Air Quality Standards.'' Then on August 31,
2012, Maine submitted a SIP revision to update its Chapter 114,
``Classification of Air Quality Control Regions.'' On November 8, 2012,
New Hampshire submitted a SIP revision to update its Env-A 300,
``Ambient Air Quality Standards.''
On January 15, 2013 (78 FR 3086), EPA revised the primary
PM2.5 annual NAAQS, lowering the standard to 12.0 micrograms
per cubic meter. The final rule became effective on March 18, 2013.
III. What is included in the submittals?
A. Maine
Maine's August 21, 2012, SIP submittal includes revised Chapter
110, ``Ambient Air Quality Standards.'' This regulation has been
revised to explicitly incorporate the new NAAQS, discussed above, with
the exception of the latest revision to the PM2.5 primary
standard. Maine's SIP revision was submitted on August 21, 2012, prior
EPA's adoption of the 12.0 microgram per cubic meter PM2.5
primary annual standard. Specifically, Maine adopted the following
substantive changes:
1. The lead primary and secondary rolling 3-month average standards
of 0.15 micrograms per cubic meter;
2. The nitrogen dioxide primary 1-hour standard of 100 parts per
billion;
3. The ozone primary and secondary 8-hour standards of 0.075 parts
per million;
4. The PM2.5 primary and secondary annual standard of
15.0 micrograms per cubic meter;
5. The PM2.5 primary and secondary 24-hour standards of
35.0 micrograms per cubic meter;
6. The sulfur dioxide primary 1-hour standard of 75 parts per
billion; and
7. Ambient air increments for PM2.5 under the Prevention
of Significant Deterioration (PSD) permit program.
Maine's August 31, 2012 SIP revision includes Maine's revised Chapter
114, ``Classification of Air Quality Control Regions,'' which was
revised to clarify that the Moosehorn Wilderness Area located in
Moosehorn National Wildlife Refuge is a Class I area. Maine also
deleted the rule's prior reference to ozone nonattainment areas.
B. New Hampshire
New Hampshire's SIP submittal contains revised Env-A 300, ``Ambient
Air Quality Standards.'' This regulation has been revised to explicitly
incorporate the revised NAAQS, discussed above, with the exception of
the latest revision to the PM2.5 primary standard. New
Hampshire's SIP revision was submitted on November 8, 2012, prior EPA`s
adoption of the 12.0
[[Page 35697]]
microgram per cubic meter PM2.5 primary annual standard.
Specifically, New Hampshire adopted the following substantive changes:
1. The lead primary and secondary rolling 3-month-average standards
of 0.15 micrograms per cubic meter;
2. The nitrogen dioxide primary 1-hour standard of 100 parts per
billion;
3. The ozone primary and secondary 8-hour standards of 0.075 parts
per million;
4. The PM2.5 primary and secondary annual standards of
15 micrograms per cubic meter;
5. The PM2.5 primary and secondary 24-hour standards of
35 micrograms per cubic meter;
6. The PM10 primary and secondary 24-hour standards of
150 micrograms per cubic meter; and
7. The sulfur dioxide primary 1-hour standard of 75 parts per
billion.
IV. EPA's Evaluation of the Submittals
A. Maine
Maine's Chapter 110 was originally approved into the Maine SIP on
January 30, 1980 (45 FR 6784). Several updates to the rule were also
approved into the Maine SIP, the most recent of which occurred on March
22, 2004 (69 FR 13227). EPA has reviewed Maine's revised Chapter 110
and has determined that it is consistent with the NAAQS in 40 CFR Part
50, with the exception of EPA's latest revision to the PM2.5
standard which occurred subsequent to Maine's adoption of the Chapter
110 revised rule.
In addition, Section 8 of Maine's Chapter 110, ``Establishment of
Ambient Increments,'' was revised to include ambient air increments for
PM2.5, as required under the Clean Air Act's Prevention of
Significant Deterioration permit program. (The previously SIP-approved
version of the rule included increments for PM10, sulfur
dioxide, and nitrogen dioxide which are also in the revised rule.) EPA
has reviewed the maximum allowable increases Maine has established for
PM2.5 and determined that they are consistent with 40 CFR
51.166(c). Therefore, we are approving those PM2.5 maximum
allowable increases into Maine's SIP. In approving those maximum
allowable increases, EPA is not taking action on, or making any
determinations about, the way in which these maximum allowable
increases relate to existing SIP provisions or recently amended
provisions of Maine's Chapters 100 and 115 pertaining to the way in
which ``increment'' is calculated or used in the PSD permit program.
In summary, Maine's revised Chapter 110 includes additional and
more stringent air quality standards than the previous SIP-approved
version of the rule. The revised rule also includes ambient air
increments for PM2.5 that were not included in the previous
SIP-approved version of the rule. Thus, the revised Chapter 110
satisfies the anti-back sliding requirements in Section 110(l) of the
CAA and we are approving Maine's revised rule into the Maine SIP.
Maine's Chapter 114 was originally approved into the Maine SIP on
January 30, 1980 (45 FR 6874). Updates to the rule were also approved
into the Maine SIP, the most recent of which occurred on August 30,
1995 (60 FR 45056). In the current SIP revision, Chapter 114 was
revised to clarify that the Moosehorn Wilderness Area located in
Moosehorn National Wildlife Refuge is a Class I area and the rule's
prior reference to ozone nonattainment areas was deleted.
Maine's updates to Chapter 114 are appropriate. All of Maine was
designated as unclassifiable/attainment for the 2008 ozone standard on
May 21, 2012 (77 FR 30088). In addition, Maine's nonattainment areas
for the 1997 ozone standard were redesignated to attainment on December
11, 2006 (71 FR 71489). See also 40 CFR 81.320. Furthermore, Maine's
clarification that Moosehorn Wilderness Area located in Moosehorn
National Wildlife Refuge is a Class I area is consistent with 40 CFR
Part 81, Subpart D.
In summary, Maine's Chapter 114 revised rule includes updates that
are consistent with the applicable sections of the Code of Federal
Regulations and is no less stringent than the previous SIP-approved
version of the rule. Therefore, Maine's revised Chapter 114 satisfies
the anti-back sliding requirements in Section 110(l) of the CAA and we
are approving Maine's revised rule into the Maine SIP.
B. New Hampshire
New Hampshire's Env-A 300, ``Ambient Air Quality Standards,'' was
originally approved into the New Hampshire SIP on March 15, 1983 (48 FR
10830). Updates to the rule were also approved into the New Hampshire
SIP, the most recent of which occurred on August 19, 1994 (59 FR
42766). EPA has reviewed New Hampshire's revised Env-A 300 and has
determined that it is consistent with the NAAQS in 40 CFR Part 50, with
the exception of EPA's latest revision to the PM2.5 standard
which occurred subsequent to New Hampshire's adoption of the Env-A 300
revised rule.
New Hampshire's revised Env-A 300 includes additional and more
stringent air quality standards than the previous SIP-approved version
of the rule. Thus, the revised Chapter 110 satisfies the anti-back
sliding requirements in Section 110(l) of the CAA and we are approving
Maine's revised rule into the Maine SIP.
V. Final Action
EPA is approving, and incorporating into the Maine SIP, Maine's
revised Chapter 110, ``Ambient Air Quality Standards,'' submitted to
EPA on August 21, 2012, and Maine's revised Chapter 114,
``Classification of Air Quality Control Regions,'' submitted to EPA on
August 31, 2012. EPA is also approving, and incorporating into the New
Hampshire SIP, New Hampshire's revised Env-A 300, ``Ambient Air Quality
Standards,'' submitted to EPA on November 8, 2012.
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 these SIP revisions should
relevant adverse comments be filed. This rule will be effective August
25, 2014 without further notice unless the Agency receives relevant
adverse comments by July 24, 2014.
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 August 25, 2014 and no further action will be
taken on the proposed 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.
VI. 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
[[Page 35698]]
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 Clean Air Act; 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 is not approved to apply in Indian country located in the state,
and EPA notes that it 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 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 August 25, 2014. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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, Lead, NAAQS, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
Dated: June 16, 2014.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart U--Maine
0
2. In Sec. 52.1020, Table (c) ``EPA-APPROVED MAINE REGULATIONS'' is
amended by revising existing entries for Chapter 110 and Chapter 114 to
read as follows:
Sec. 52.1020 Identification of plan.
* * * * *
(c) EPA approved regulations.
EPA-Approved Maine Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State EPA approval date EPA approval date
State citation Title/subject effective date and citation \1\ Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Chapter 110....................... Ambient Air Quality 8/6/2012 6/24/14 [Insert Federal Register .....................................
Standards. citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Chapter 114....................... Classification of Air 8/29/2012 6/24/14 [Insert Federal Register .....................................
Quality Control citation].
Regions.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 35699]]
---------------------------------------------------------------------------
\1\ In order to determing 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.
---------------------------------------------------------------------------
* * * * *
Subpart EE--New Hampshire
0
3. In Sec. 52.1520, Table (c) ``EPA-APPROVED NEW HAMPSHIRE
REGULATIONS'' is amended by revising the existing entry for Env-A 300
to read as follows:
Sec. 52.1520 Identification of plan.
* * * * *
(c) EPA approved regulations.
EPA-Approved New Hampshire Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date \1\ Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Env-A 300......................... Ambient Air Quality 9/1/2012 6/24/14............................... .....................................
Standards.. [Insert Federal Register page number
where the document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------
\1\ 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.
---------------------------------------------------------------------------
* * * * *
[FR Doc. 2014-14531 Filed 6-23-14; 8:45 am]
BILLING CODE 6560-50-P