[Federal Register Volume 83, Number 241 (Monday, December 17, 2018)]
[Rules and Regulations]
[Pages 64470-64472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27171]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2017-0595; FRL-9987-69-Region 1]
Air Plan Approval; New Hampshire; Transport Element for the 2010
Sulfur Dioxide National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of New
Hampshire. This revision addresses the interstate transport
requirements of the Clean Air Act (CAA), referred to as the good
neighbor provision, with respect to the 2010 sulfur dioxide
(SO2) national ambient air quality standard (NAAQS). This
action approves New Hampshire's demonstration that the State is meeting
its obligations regarding the transport of SO2 emissions
into other states.
DATES: This rule is effective on January 16, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R01-OAR-2017-0595. 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
Region 1 Regional Office, Office of Ecosystem Protection, Air Permits,
Toxics and Indoor Programs Unit, 5 Post Office Square--Suite 100,
Boston, MA. The 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: Leiran Biton, Air Permits, Toxics, and
Indoor Programs Unit, U.S. Environmental Protection Agency, EPA Region
1, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA
02109-3912, tel. (617) 918-1267, email [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 September 27, 2018 (83 FR 48765), the EPA published a Notice of
Proposed Rulemaking (NPRM) to approve the June 16, 2017 submittal from
the State of New Hampshire as meeting the interstate transport
requirements of CAA section 110(a)(2)(D)(i)(I) for the 2010
SO2 NAAQS. An explanation of the CAA requirements, a
detailed analysis of the State's submittal, and the EPA's rationale for
approval of the submittal were provided in the NPRM, and will not be
restated here. The public comment period for this proposed rulemaking
ended on October 29, 2018. The EPA received one comment from an
anonymous commenter. The anonymous comment lacked specificity to New
Hampshire's SIP submittal and the interstate transport requirements of
CAA section 110(a)(2)(D)(i)(I) as they relate to the 2010
SO2 NAAQS. A response to the anonymous comment is provided
in the Response to Comments section.
II. Response to Comments
Comment: The commenter stated that emissions of SO2 can
undergo chemical reactions in the atmosphere to form fine particle
matter, and that fine particulate matter can travel great distances
affecting regional air quality and public health. The commenter stated
that the transport of SO2 and fine particulate matter across
state borders, referred to as ``interstate air pollution transport,''
makes it difficult for downwind states to meet health-based air quality
standards. The commenter stated the CAA's ``good neighbor'' provision
requires the EPA and states to address, through state implementation
plans (SIPs), interstate transport of air pollution that significantly
contributes to nonattainment or interferes with maintenance of a NAAQS
in a downwind area in another state. The commenter asserted that New
Hampshire must prove this SIP revision addresses and meets the
obligations of the interstate transport requirements of the CAA
respective to the 2010 SO2 NAAQS. The commenter concluded,
``To meet these obligations they must prove that the interstate
transport requirements for all NAAQS pollutants prohibit any state from
emitting any air pollutant in amounts that will contribute
significantly to nonattainment, or interfere with maintenance, of the
NAAQS in another state.''
Response: The commenter did provide some general information about
the formation of fine particulate matter from SO2, but did
not provide specific information to support not approving New
Hampshire's June 16, 2017 submittal. Fine particulate matter, generally
referring to particulate matter (PM) with aerodynamic diameter less
than or equal to 2.5 micrometers (PM2.5), can travel great
distances. PM2.5 can be emitted directly or formed
secondarily through chemical transformation in the atmosphere involving
a variety of precursor pollutants, including SO2. The EPA
has addressed interstate transport of PM2.5, including
secondarily-formed PM2.5, through a separate action related
to New Hampshire's SIP submittal for the 2012 PM2.5
infrastructure SIP. The EPA proposed to approve a revision to the New
Hampshire SIP that included the provisions related to transport for the
2012 PM2.5 NAAQS on April 10, 2018 (83 FR 15343); EPA took
action in a final rule to approve the New Hampshire SIP provisions
related to interstate transport and other elements for the 2012
PM2.5 NAAQS on December 4, 2018 (83 FR 62464).
It is unclear what the commenter intended in the quoted final
sentence of the comment. If the commenter meant to note that the CAA
generally imposes an obligation that the state's interstate transport
SIP for a new or revised NAAQS adequately meets the good neighbor
provision for that NAAQS, we agree and believe that the New Hampshire
SO2 interstate transport SIP submittal meets these CAA
obligations, as stated in our NPRM. Alternatively, if the commenter
meant that this SO2 interstate transport SIP must address
transport for all NAAQS, we disagree.
The EPA interprets the CAA to require each state to demonstrate
that it
[[Page 64471]]
meets the ``good neighbor'' provisions of the CAA for a new or revised
NAAQS for any of the six criteria air pollutants (carbon monoxide,
lead, nitrogen dioxide, ozone, particle pollution, and sulfur dioxide).
Particularly, CAA section 110(a)(1) requires states, three years after
the promulgation of a NAAQS, to submit a plan that meets the
requirements of 110(a)(2), which includes the interstate transport
requirements of 110(a)(2)(D)(i)(I), for ``such'' NAAQS. The EPA
believes the specification of ``such'' in relation to a particular
NAAQS under 110(a)(1) narrows the state's obligation to submit an
interstate transport SIP for that specific NAAQS, rather than requiring
the state to demonstrate that its transport SIP is intended to address
a particular NAAQS also meets the interstate transport requirements for
all NAAQS. The EPA assesses each state's interstate transport SIP
demonstration on a pollutant by pollutant basis, and for pollutants
that result from both primary emissions and secondary (i.e., chemical)
formation, the EPA does assess both primary and secondary impacts.
Because SO2 does not form secondarily in the atmosphere,
only an analysis of primary emissions is necessary. The EPA's NPRM to
approve New Hampshire's June 16, 2017 submittal provided a weight-of-
evidence analysis that addressed the ``good neighbor'' provision of the
CAA. The EPA's assessment of New Hampshire's analysis presented in the
NPRM proposed to find that the SIP revision sufficiently addresses that
New Hampshire will not significantly contribute to nonattainment of the
1-hour SO2 NAAQS or interfere maintenance of the
SO2 NAAQS in another state. The commenter does not point to
any specific alleged flaw or gap in the EPA's assessment.
Therefore, the EPA is not making any changes to its proposed action
based on the comments submitted by the commenter.
III. Final Action
The EPA is approving New Hampshire's June 16, 2017 transport SIP
submission for the 2010 SO2 NAAQS as a revision to the New
Hampshire SIP.
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 (Public Law 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 15, 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, Incorporation by
reference, Intergovernmental relations, Particulate matter, Sulfur
oxides.
Dated: December 10, 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 ``Amendment to New Hampshire 2010 Sulfur Dioxide NAAQS
Infrastructure SIP to Address the Good Neighbor Requirements of Clean
Air Act Section 110(a)(2)(D)(i)(I)'' at the end of the table to read as
follows:
Sec. 52.1520 Identification of plan.
* * * * *
[[Page 64472]]
(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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* * * * * * *
Amendment to New Hampshire 2010 Statewide......... 6/16/2017 12/17/2018 [Insert
Sulfur Dioxide NAAQS Federal Register
Infrastructure SIP to Address citation]
the Good Neighbor Requirements
of Clean Air Act Section
110(a)(2)(D)(i)(I).
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[FR Doc. 2018-27171 Filed 12-14-18; 8:45 am]
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