[Federal Register Volume 85, Number 207 (Monday, October 26, 2020)]
[Rules and Regulations]
[Pages 67651-67653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21809]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2020-0178; EPA-R01-OAR-2017-0344; FRL-10015-24-Region 1]


Air Plan Approval; New Hampshire; Infrastructure State 
Implementation Plan Requirements for the 2015 Ozone and 2012 PM2.5 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule and correcting amendments.

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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 that addresses the infrastructure requirements of the Clean 
Air Act (CAA or Act), excluding the interstate transport provisions, 
for the 2015 ozone National Ambient Air Quality Standards (NAAQS). We 
are also granting the state an exemption from the infrastructure SIP 
contingency plan obligation for ozone and are conditionally approving 
several elements of New Hampshire's submittal relating to air-quality 
modeling requirements. In addition, we are correcting errors in our 
previous approval of an infrastructure SIP submission from New 
Hampshire for the 2012 PM2.5 NAAQS and conditionally 
approving several elements of that submittal. The infrastructure 
requirements are designed to ensure that the structural components of 
each state's air-quality management program, including provisions 
prohibiting emissions that will have certain adverse air-quality 
effects in other states, are adequate to meet the state's 
responsibilities under the CAA. This action is being taken in 
accordance with the Clean Air Act.

DATES: This rule is effective on November 25, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2020-0178. 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, Air and Radiation Division, 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 and facility closures due to COVID-19.

FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Branch, 
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office 
Square--Suite 100, (Mail code 05-2), Boston, MA 02109-3912, tel. (617) 
918-1684, 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. Final Action
III. Statutory and Executive Order Reviews

I. Background and Purpose

    On August 4, 2020, EPA published a Notice of Proposed Rulemaking 
(NPRM) to approve most elements of a New Hampshire SIP revision 
addressing the infrastructure requirements of the Clean Air Act (CAA or 
Act)--excluding the interstate transport provisions--for the 2015 ozone 
National Ambient Air Quality Standards (NAAQS). This NPRM also proposed 
to grant the state an exemption from the infrastructure SIP contingency 
plan obligation for ozone, and to correct errors and conditionally 
approve several elements in our previous approval of an infrastructure 
SIP submission from New Hampshire for the 2012 PM2.5 NAAQS. 
New Hampshire submitted the formal SIP revision for the 2015 ozone 
NAAQS on September 5, 2018, and the formal SIP revision for the 2012 
PM2.5 NAAQS on December 22, 2015. The rationale for EPA's 
proposed action is given in the NPRM and will not be restated here. EPA 
received no germane public comments on the NPRM.

II. Final Action

    EPA is approving most elements of New Hampshire's September 5, 
2018, infrastructure SIP submission for the 2015 ozone NAAQS--excluding 
the provisions of the SIP submittal addressing section 
110(a)(2)(D)(i)(I) (i.e., the ``Good Neighbor'' or ``transport'' 
provisions)--as a revision to the New Hampshire SIP. We are 
conditionally approving the SIP submittal for section 110(a)(2)(K) (Air 
quality modeling and data) and for the PSD-related requirements of 
sections 110(a)(2)(C), (D)(i)(II), and (J). We are also granting the 
state an exemption from the infrastructure SIP contingency plan 
obligation for ozone.
    In addition, we are correcting errors and conditionally approving 
several elements in our previous approval of an infrastructure SIP 
submitted by New Hampshire on December 22, 2015, for the 2012 
PM2.5 NAAQS. Specifically, we are conditionally approving 
the 2015 SIP submittal for section 110(a)(2)(K) and replacing approvals 
of the 2015 SIP submittal for the PSD-related requirements of sections 
110(a)(2)(C), (D)(i)(II), and (J) with conditional approvals.
    The State must submit to EPA by October 26, 2021 the revisions to 
New Hampshire Part Env-A 619.03, PSD Program Requirements needed to 
fully approve the conditionally approved elements of the September 2018 
and December 2015 infrastructure SIP submissions.
    If the State fails to do so, this approval will become a 
disapproval on that date. EPA will notify the State by letter that this 
action has occurred. At that time, this commitment will no longer be a 
part of the approved New Hampshire SIP. EPA subsequently will publish a 
notice in the Federal Register notifying the public that the 
conditional approvals automatically converted to disapprovals. If the 
State meets its commitment, within the applicable time frame, the 
conditionally approved submissions will remain a part of the SIP until 
EPA takes final action approving or disapproving the necessary SIP 
revision. If EPA disapproves the new submittal(s), the conditional 
approvals of the infrastructure 2015 and 2018 SIP submissions from New 
Hampshire for the 2015 ozone and 2012 PM2.5 NAAQS for 
section 110(a)(2)(K) and the PSD-related requirements of sections 
110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J) will also be 
disapproved at that time. If EPA approves the submittal(s) for section 
110(a)(2)(K) and the revised PSD-related requirements of section 
110(a)(2)(D)(i)(II), 110(a)(2)(C), and 110(a)(2)(J), the infrastructure 
SIP submissions from New Hampshire for the 2015 ozone and 2012 
PM2.5 NAAQS will be fully approved in their entirety

[[Page 67652]]

and will replace the conditionally approved elements in the SIP.
    If the conditional approval is converted to a disapproval, such 
action will trigger EPA's authority to impose sanctions under section 
110(m) of the CAA at the time EPA issues the final disapproval or on 
the date the State fails to meet its commitment. In this situation, EPA 
will notify the State by letter that the conditional approval has been 
converted to a disapproval and that EPA's sanctions authority has been 
triggered. In addition, the final disapproval triggers the Federal 
implementation plan (FIP) requirement under section 110(c).

III. 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);
     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 December 28, 2020. 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: September 24, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 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. In Sec.  52.1520 amend the table in paragraph (e) by:
0
a. Revising the entry for ``Submittals to meet Section 110(a)(2) 
Infrastructure Requirements for the 2012 PM2.5 NAAQS,''; and
0
b. Adding entries for ``Submittal to meet Section 110(a)(2) 
Infrastructure Requirements for the 2015 Ozone NAAQS,'' and ``Request 
for exemption from contingency plan obligation'' at the end of the 
table.
    Revision and additions to read as follows:


Sec.  52.1520   Identification of plan.

* * * * *
    (e) Nonregulatory.

[[Page 67653]]



                                           New Hampshire Nonregulatory
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                                     Applicable
   Name of nonregulatory SIP       geographic or     State submittal
           provision               nonattainment     date/ effective   EPA approved date       Explanations
                                        area               date
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                                                  * * * * * * *
Submittals to meet Section       Statewide........  12/22/2015;        12/4/2018, 83 FR   These submittals are
 110(a)(2) Infrastructure                            supplement         62464.             approved with respect
 Requirements for the 2012                           submitted 6/8/                        to the following CAA
 PM2.5 NAAQS.                                        2016.                                 requirements:
                                                                                           110(a)(2)(A), (B),
                                                                                           (C), (D), (E), (F),
                                                                                           (G), (H), (J), (L),
                                                                                           and (M).
                                 .................  12/22/2015.......  [Insert Federal    This submittal is
                                                                        Register           conditionally
                                                                        citation].         approved with respect
                                                                                           to provisions of CAA
                                                                                           110(a)(2)(K). The
                                                                                           following previously
                                                                                           approved items are
                                                                                           corrected and changed
                                                                                           from approval to
                                                                                           conditional approval:
                                                                                           110(a)(C) (PSD only),
                                                                                           (D)(i)(II) (prong 3
                                                                                           only), and (J) (PSD
                                                                                           only).
 
                                                  * * * * * * *
Submittal to meet Section        Statewide........  9/5/2018.........  [Insert Federal    This submittal is
 110(a)(2) Infrastructure                                               Register           approved with respect
 Requirements for the 2015                                              citation].         to the following CAA
 Ozone NAAQS.                                                                              requirements:
                                                                                           110(a)(2)(A), (B),
                                                                                           (C) (except PSD),
                                                                                           (D)(i)(II) (except
                                                                                           prong 3), (D)(ii),
                                                                                           (E), (F), (G), (H),
                                                                                           (J) (except PSD),
                                                                                           (L), and (M), and
                                                                                           conditionally
                                                                                           approved for the
                                                                                           following CAA
                                                                                           requirements:
                                                                                           110(a)(2)(K) and (C)
                                                                                           (PSD only),
                                                                                           (D)(i)(II) (prong 3
                                                                                           only), and (J) (PSD
                                                                                           only).
Request for exemption from       Merrimack Valley-- 9/5/2018.........  [Insert Federal    State's request for
 contingency plan obligation      Southern New                          Register           exemption from
 for 2015 ozone NAAQS.            Hampshire AQCR.                       citation].         contingency plan
                                                                                           obligation, made
                                                                                           pursuant to 40 CFR
                                                                                           51.152(d)(1), is
                                                                                           granted.
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[FR Doc. 2020-21809 Filed 10-23-20; 8:45 am]
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