[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Proposed Rules]
[Pages 12016-12020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04032]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2021-0785; FRL-9591-01-R1]


Air Plan Approval; New Hampshire; Env-A 800 Testing and 
Monitoring Procedures, Env-A 619.03 PSD Program Requirements, and Env-A 
1200 VOC RACT

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve State Implementation Plan (SIP) revisions submitted by the 
State of New Hampshire. These revisions amend Testing and Monitoring 
Procedures for sources of air pollution; revise New Hampshire's 
Prevention of Significant Deterioration (PSD) permitting program with 
respect to requirements for air quality modeling; fully approve certain 
infrastructure SIP requirements as they related to PSD permitting 
requirements for the 2015 Ozone and 2012 fine particle matter 
(PM2.5) National Ambient Air Quality Standards (NAAQS); and 
amend Volatile Organic Compounds (VOCs) Reasonably Available Control 
Technology (RACT). This action is being taken under the Clean Air Act 
(CAA).

DATES: Written comments must be received on or before April 4, 2022.

[[Page 12017]]


ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2021-0785 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets. 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: John Creilson, Air Quality Branch, 
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office 
Square--Suite 100 (Mail code 05-2), Boston, MA 02109, tel. (617) 918-
1688, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

 Table of Contents

I. Background
    a. Env-A 800 Testing and Monitoring Procedures
    b. Env-A 619.03 PSD Program Requirements
    c. Env-A 1200 VOC RACT
II. Summary and Evaluation of State Submittal
    a. Env-A 800 Testing and Monitoring Procedures
    b. Env-A 619.03 PSD Program Requirements
    c. Env-A 1200 VOC RACT
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

a. Env-A 800 Testing and Monitoring Procedures

    On August 19, 2021, the New Hampshire Department of Environmental 
Services (NH DES) submitted a revision to its State Implementation Plan 
(SIP). The submittal consists of revisions to an existing rule, Env-A 
800, Testing and Monitoring Procedures, that was previously approved 
into the New Hampshire SIP. A clarification letter, along with the 
updated rule, was subsequently submitted on December 20, 2021. The 
clarification letter corrected an equation in the rule and omitted Env-
A 810 from the New Hampshire SIP submittal. Env-A 800 establishes 
testing and monitoring procedures, calculation procedures, standards, 
and requirements used to determine compliance with Federal and state 
air pollution regulations. The State made a number of relatively minor 
changes to the existing rule as described within this proposed 
rulemaking and requested that the version submitted on August 19, 2021, 
and clarified on December 20, 2021, be incorporated into the New 
Hampshire SIP, except for (1) section 801.02(b) and (d), which are 
related to trading programs, and (2) section 810, Air Pollution Control 
Equipment Monitoring Plan; Additional Testing and Monitoring. NH DES 
also stated that this revision supersedes all prior approved versions.

b. Env-A 619.03 PSD Program Requirements

    On September 16, 2021, NH DES submitted a revision to its SIP-
approved regulation Part Env-A 619.03, the State's CAA PSD permitting 
program. The revision addresses conditional approvals related to the 
State's PSD program for purposes of the 2015 Ozone and 2012 
PM2.5 NAAQS infrastructure SIP requirements. Specifically, 
EPA conditionally approved infrastructure SIP elements associated with 
CAA sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), 110(a)(2)(J), and 
110(a)(2)(K). See 85 FR 67651 (October 26, 2020).
    NH DES implements PSD largely through the incorporation by 
reference of the Federal PSD program at 40 CFR 52.21, as it existed on 
a specific date. The State's current SIP-approved version of the 
Federal PSD program references 40 CFR 52.21 as it was codified on July 
1, 2016. EPA's PSD regulations at 40 CFR 51.166(l) require a state's 
SIP to ``provide for procedures which specify that [a]ll applications 
of air quality modeling . . . shall be based on the applicable models, 
data bases, and other requirements specified in'' EPA's Guideline on 
Air Quality Models in appendix W of 40 CFR part 51, which was most 
recently revised on January 17, 2017. 82 FR 5182; see also 82 FR 14324 
(Mar. 20, 2017). CAA sections 110(a)(2)(C), (D)(i)(II), and (J) require 
a state to make an infrastructure SIP submission demonstrating that the 
air agency has a complete PSD permitting program in place satisfying 
current requirements. CAA section 110(a)(2)(K) requires that the SIP 
provide for the performance of such air quality modeling as the EPA 
Administrator may prescribe for the purpose of predicting the effect on 
ambient air quality of any emissions of any air pollutant for which EPA 
has established a NAAQS.
    With New Hampshire's SIP referencing an earlier version of appendix 
W through its incorporation by reference of 40 CFR 52.21 as codified on 
July 1, 2016, EPA conditionally approved New Hampshire's infrastructure 
SIP elements related to CAA sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), 
110(a)(2)(J), and 110(a)(2)(K), as the State's PSD program was not 
consistent with the current Federal requirements. EPA found that 
outside the issue with appendix W, the State has a comprehensive PSD 
permitting program in place satisfying all other PSD program elements.
    Prior to EPA's proposal of the conditional approvals, NH DES 
committed in a letter dated June 3, 2020, to submit for EPA approval 
revisions to Env-A 619.03 to update the reference date for 40 CFR 52.21 
so as to incorporate EPA's current ``Guideline on Air Quality Models'' 
in appendix W to 40 CFR part 51. The State's September 16, 2021, SIP 
submittal addresses its June 3, 2020, commitment to submit necessary 
revisions of Env-A 619.03 to EPA for approval into the SIP.

c. Env-A 1200 VOC RACT

    On July 15, 2021, the NH DES submitted a revision to its SIP, which 
consists of amendments to an existing rule, Env-A 1200, Volatile 
Organic Compounds (VOC) Reasonably Available Control Technology (RACT), 
that was previously approved into the New Hampshire SIP on November 8,

[[Page 12018]]

2012 (77 FR 66921). Env-A 1200 establishes requirements for the 
implementation of reasonably available control technology on certain 
stationary sources located in New Hampshire that emit volatile organic 
compounds. The rule expired on June 1, 2019, so the NH DES has 
readopted the chapter with minor amendment for clarity and to align 
with Federal requirements.

II. Summary and Evaluation of State Submittal

a. Env-A 800 Testing and Monitoring Procedures

    On August 19, 2021, the New Hampshire Department of Environmental 
Services (DES) submitted state regulation Env-A 800, Testing and 
Monitoring Procedures, to EPA and requested that the rule be submitted 
into the State's SIP. A clarification letter, along with the updated 
rule, was subsequently submitted on December 20, 2021. The State 
indicated that these revisions supersede all prior approved versions.
    New Hampshire made the request in light of recent changes to the 
rule as a matter of state law. The proposed amendments are as follows:
    1. Updates to the procedure for recertification of continuous 
emissions monitoring systems. New Hampshire DES updated Env-A 800 to 
clarify and correct pre-test, sampling, and report submittal procedures 
for conducting Relative Accuracy Test Audits (RATAs) for recertifying 
Continuous Emissions Monitoring (CEM) systems installed at stationary 
sources.
    2. Updates to nitrogen oxides (NOX) RACT testing requirements to be 
consistent with Federal requirements. New Hampshire DES updated Env-A 
800 to simplify testing requirements for gaseous concentration 
measurements for NOX RACT-subject devices and tune-ups. For 
example, one change New Hampshire made to the NOX RACT 
testing requirement was to clarify that sources only needed to choose 
one of the referenced test methods listed for gaseous concentration 
measurements, rather than use multiple test methods.
    3. Removal of language pertaining to time-shared CEM systems. New 
Hampshire DES updated Env-A 808, Continuous Emission Monitoring, to 
remove a provision relating to time-shared CEM systems, as there no 
longer are any installed at any New Hampshire sources.
    4. Modification of audit requirements to be consistent with EPA 
requirements. New Hampshire DES updated Env-A 800 to modify quarterly 
audit requirements for continuous opacity monitors to follow 40 CFR 
part 60, appendix F, Procedure 3 procedures instead of 40 CFR part 60, 
appendix B, Performance Specification 1 requirements in order to align 
with changes in Federal requirements. For example, section 808.05(b) of 
the previously adopted rule was modified such that the quarterly audit 
requirements reference 40 CFR part 60, appendix F, Procedure 3, instead 
of 40 CFR part 60, appendix B, Performance Specification 1.
    5. Change in compliance testing for NOX and carbon monoxide (CO). 
New Hampshire DES updated Env-A 802.13, Compliance Stack Testing for 
Emissions of Nitrogen Oxides (NOX) or Carbon Monoxide, to 
require that when compliance testing is done for either NOX 
or CO, that testing be done for both gases.
    6. Definitions and calculations for multi-day rolling emissions 
averages. New Hampshire DES updated Env-A 808.01, Definitions, to 
define ``rolling average'' as an arithmetic mean specified by an 
applicable emission limit. The calculations are defined in updated 
sections 808.01(h)(1)-(4).
    7. Modification of provisions of CEM systems. New Hampshire DES 
updated Env-A 800 to revise provisions relative to installation, 
operation, and auditing of CEM systems to cover the inclusion of future 
Federal New Source Performance Standards (NSPS) and National Emission 
Standards for Hazardous Air Pollutants (NESHAP) requirements for CEM 
systems.
    EPA has reviewed New Hampshire's August 19, 2021 submittal of 
revisions to Env-A 800, Testing and Monitoring Procedures, and 
subsequent December 20, 2021 clarification, and determined that they 
represent approvable revisions to the version previously approved into 
the New Hampshire SIP.

b. Env-A 619.03 PSD Program Requirements

    EPA has reviewed the State's September 16, 2021, SIP submittal with 
respect to revision for Env-A 619.03. NH DES readopted with amendments 
Env-A 619.03 on March 16, 2021. The readoption made the state's current 
regulations consistent with the Federal regulations as of July 1, 2019. 
NH DES amended Env-A 619.03 by including a new paragraph (d), which 
definitively states, ``For the purposes of this part, the reference to 
Appendix W in 40 CFR 52.21(l) shall refer to the July 1, 2019 
edition.''
    The changes NH DES made to its regulation sufficiently address 
EPA's October 26, 2020, conditional approvals of the PSD- and modeling-
related elements for the 2015 Ozone and 2012 PM2.5 NAAQS 
infrastructure SIP requirements. Specifically, the new paragraph (d) 
provides that air quality modeling procedures will be consistent with 
EPA's most recent revision of appendix W of 40 CFR part 51. Therefore, 
EPA proposes to replace the version of Env-A 619.03 currently in New 
Hampshire's SIP with the March 16, 2021, version and to convert the 
previous conditional approvals to full approvals.

c. Env-A 1200 VOC RACT

    On July 15, 2021, NH DES submitted state regulation Env-A 1200, 
Volatile Organic Compounds (VOC) Reasonably Available Control 
Technology (RACT), to EPA requesting the rule be approved into the 
State's SIP, and that the previously approved version of the regulation 
be removed from the SIP. The proposed amendments are primarily as 
follows:
    1. Clarify exemptions. Env-A 1201.04 was revised to remove an 
exemption for which an owner or operator may be exempt from the chapter 
if they applied for a source specific RACT permit, or permit 
modification, by May 31, 2013. Since this date has passed, this 
provision is no longer applicable and was replaced with a provision of 
similar intent, which states that a source now subject to a source 
specific RACT permit, or a consent decree agreement, would be exempt 
from the chapter. A provision was also added that reiterates language 
elsewhere in the chapter that a source's emissions must be below the 
relevant VOC category applicability threshold to be exempt from Env-A 
1200.
    2. Expand alternative compliance procedures. Env-A 1205.02 was 
revised to also be applicable to Env-A 1214 and 1220, flat wood 
paneling and adhesive coating operations, respectively. These source 
categories will be allowed to comply with their emission rates by 
implementing add-on controls or a ``bubble,'' which is a process in 
which similar sources at a facility are collectively controlled. This 
form of alternative compliance must be no less stringent than the 
otherwise prescribed limits. This paragraph was also edited to include 
reference to Env-A 800, Testing and Monitoring Procedures, which are 
customarily necessary for evaluating compliance with this chapter.
    3. Clarify that related cleaning activity emissions are generally 
subject to this chapter. To be consistent with EPA Control Techniques 
Guidelines (CTGs) documents, source emission applicability requirements 
was revised to expressly include the cleaning

[[Page 12019]]

activities associated with the relevant VOC RACT category. New 
Hampshire DES had, in practice, interpreted the previous Chapter as 
such, therefore the actual level of control is not expected to change 
because of this revision.
    EPA has reviewed New Hampshire's July 15, 2021, submittal of 
revisions to Env-A 1200, Volatile Organic Compounds (VOC) Reasonably 
Available Control Technology (RACT) and determined that they represent 
approvable revisions to the version previously approved into the New 
Hampshire SIP. These revisions primarily clarify existing requirements 
and in certain circumstances in which they expand control options, are 
explicitly required to be no less stringent that the previous control 
requirements. Therefore, the revised rule is expected to achieve no 
fewer emission reductions that the previously approved version. Thus, 
revising the SIP to incorporate the revised rule will not interfere 
with any applicable requirement concerning attainment and reasonable 
further progress or any other applicable requirement of the Act. See 
CAA section 110(l).

III. Proposed Action

    EPA is proposing to approve the New Hampshire revisions to (1) Env-
A 800 submitted on August 19, 2021, and clarified on December 20, 2021; 
(2) Env-A 619.03 submitted on September 16, 2021; and (3) Env-A 1200 
submitted on August 19, 2021. Furthermore, EPA is proposing to convert 
its October 26, 2020, conditional approvals of infrastructure SIP 
elements associated with CAA sections 110(a)(2)(C), 
110(a)(2)(D)(i)(II), 110(a)(2)(J), and 110(a)(2)(K) for the 2015 Ozone 
and 2012 PM2.5 NAAQS to a full approval. EPA's proposed 
action regarding infrastructure SIP requirements for the 2015 ozone and 
2012 PM2.5 NAAQS is contained in Table 1 below.

 Table 1--Proposed Action on New Hampshire's Infrastructure SIP Elements
                 for the 2015 Ozone and 2012 PM2.5 NAAQS
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            Element               2015 ozone NAAQS    2012 PM2.5 NAAQS
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                              * * * * * * *
(C)2: PSD program for major      Approve..........  Approve.
 sources and major
 modifications.
 
                              * * * * * * *
(D)2: PSD......................  Approve..........  Approve.
 
                              * * * * * * *
(J)3: PSD......................  Approve..........  Approve.
 
                              * * * * * * *
(K): Air quality modeling and    Approve..........  Approve.
 data.
 
                              * * * * * * *
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    EPA is soliciting public comments on the issues discussed in this 
document or on other relevant matters. These comments will be 
considered before taking final action. Interested parties may 
participate in the Federal rulemaking procedure by submitting written 
comments to this proposed rule by following the instructions listed in 
the ADDRESSES section of this Federal Register document.

IV. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference New Hampshire regulations Env-A 800 as adopted on April 30, 
2019, with the exception of section 801.02(b) and (d) and section 810; 
Env-A 619.03 as adopted on March 16, 2021; and Env-A 1200 as adopted on 
October 17, 2019. The EPA has made, and will continue to make, these 
documents generally available through https://www.regulations.gov and 
at the EPA Region 1 Office (please contact the person identified in the 
FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).

V. 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 proposed 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 proposed 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);
     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

[[Page 12020]]

     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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

     Dated: February 18, 2022.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2022-04032 Filed 3-2-22; 8:45 am]
BILLING CODE 6560-50-P