[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.

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[[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]
 BILLING CODE 6560-50-P