[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Rules and Regulations]
[Pages 62464-62466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26284]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2017-0344; FRL-9986-82-Region 1]
Air Plan Approval; New Hampshire; Infrastructure State
Implementation Plan Requirements for the 2012 PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving two
State Implementation Plan (SIP) submissions from New Hampshire that
address the infrastructure SIP requirements, including the interstate
transport requirements, of the Clean Air Act (CAA or Act) for the 2012
fine particle (PM2.5) National Ambient Air Quality Standards
(NAAQS). The approval does not address CAA section 110(a)(2)(K)
(regarding air quality modeling and data), which EPA will address in a
later rulemaking. The infrastructure SIP requirements are designed to
ensure that the structural components of each state's air quality
management program are adequate to meet the state's responsibilities
with respect to this NAAQS under the CAA, including the obligations
related to transport. The EPA is taking this action under the Clean Air
Act.
DATES: This rule is effective on January 3, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2017-0344. All documents in the docket
are listed on the https://www.regulations.gov website. 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 at https://www.regulations.gov or at the 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 a.m. to 4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Unit,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square-Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912, tel. (617) 918-1684; [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On April 10, 2018 (83 FR 15343), EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of New Hampshire. The NPRM proposed
approval of two SIP submissions from the New Hampshire Department of
Environmental Services (NHDES), which included an infrastructure SIP
submission for the 2012 fine particle (PM2.5\1\) National
Ambient Air Quality Standard (NAAQS) submitted by the state on December
22, 2015, and a separate SIP submission addressing the ``Good
Neighbor'' (or ``transport'') provisions for the 2012 PM2.5
NAAQS (Section 110(a)(2)(D)(i)(I) of the CAA) submitted by the state on
June 8, 2016.
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\1\ PM2.5 refers to particulate matter of 2.5 microns
or less in diameter, often referred to as ``fine'' particles.
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This rulemaking does not cover three substantive areas that are not
integral to acting on a state's infrastructure SIP submission: (i)
Existing provisions related to excess emissions during periods of
start-up, shutdown, or malfunction at sources (``SSM'' emissions) that
may be contrary to the CAA and EPA's policies addressing such excess
emissions; (ii) existing provisions related to ``director's variance''
or ``director's discretion'' that purport to permit revisions to SIP-
approved emissions limits with limited public process or without
requiring further approval by EPA, that may be contrary to the CAA
(``director's discretion''); and, (iii) existing provisions for
Prevention of Significant Deterioration (PSD) programs that may be
inconsistent with current requirements of EPA's ``Final New Source
Review (NSR) Improvement Rule,'' 67 FR 80186 (December 31, 2002), as
amended by 72 FR 32526 (June 13, 2007) (``NSR Reform''). Instead, EPA
has the authority to address each of these substantive areas
separately. A detailed history, interpretation, and rationale for EPA's
approach to infrastructure SIP requirements can be found in EPA's May
13, 2014, proposed rule entitled, ``Infrastructure SIP Requirements for
the 2008 Lead NAAQS'' in the section, ``What is the scope of this
rulemaking?'' See 79 FR 27241 at 27242-45.
The rationale for EPA's proposed action is explained in the NPRM
and will not be restated here.
II. Response to Comments
EPA received six sets of comments during the comment period. Only
one set includes significant, adverse comment, and it relates solely to
section 110(a)(2)(K) of the Act (regarding air quality modeling and
data). In the NPRM, EPA proposed to approve NHDES' submissions for the
2012 PM2.5 NAAQS for the infrastructure requirements of
Section 110(a)(2)(A) through (M), including (K). In this rulemaking,
EPA is finalizing the approval of New Hampshire's submissions for the
infrastructure requirements of section 110(a)(2)(A) through (M), except
(K). EPA will take separate action at a later date addressing these
comments and the section 110(a)(2)(K) requirements for New Hampshire's
infrastructure SIP submissions for the 2012 PM2.5 NAAQS.
The other five sets of comments we received all discuss subjects
outside the scope of an infrastructure SIP action, do not explain (or
provide a legal basis for) how the proposed action should differ in any
way, and, indeed, make no specific mention of the proposed action.
Consequently, those five sets of comments are not germane to this
rulemaking and require no further response.
III. Final Action
EPA is approving New Hampshire's December 2015 and June 2016
infrastructure SIP submissions for the 2012 PM2.5 NAAQS,
except for Section
[[Page 62465]]
110(a)(2)(K) (regarding air quality modeling and data), which EPA will
address in a later rulemaking.
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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
This action is not an Executive Order 13771 regulatory
action because this action is not significant under Executive Order
12866;
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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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 February 4, 2019. 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: November 28, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
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 EE--New Hampshire
0
2. Amend Sec. 52.1520 in the table in paragraph (e) by adding an entry
for ``Submittals to meet Section 110(a)(2) Infrastructure Requirements
for the 2012 PM2.5 NAAQS'' at the end of the table to read
as follows:
Sec. 52.1520 Identification of plan.
* * * * *
(e) * * *
New Hampshire NonRegulatory
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Applicable State submittal
Name of nonregulatory SIP geographic or date/ effective EPA approved date Explanations
provision nonattainment area date
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* * * * * * *
Submittals to meet Section Statewide......... 12/22/2015; 12/4/2018, [Insert These submittals
110(a)(2) Infrastructure supplement Federal Register are approved with
Requirements for the 2012 PM2.5 submitted 6/8/ citation]. respect to the
NAAQS. 2016. following CAA
requirements:
110(a)(2)(A),
(B), (C), (D),
(E), (F), (G),
(H), (J), (L),
and (M).
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[FR Doc. 2018-26284 Filed 12-3-18; 8:45 am]
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