[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]
 BILLING CODE 6560-50-P