[Federal Register Volume 87, Number 74 (Monday, April 18, 2022)]
[Proposed Rules]
[Pages 22821-22823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08155]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2022-0112; FRL-9734-01-R1]


Air Plan Approval; New Hampshire; Rules for Particulate Emissions 
From Open Sources, Sand and Gravel and Related Sources

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 of New Hampshire Code 
of Administrative Rules Chapters Env-A 1000 and Env-A 2800 submitted by 
the State of New Hampshire on January 8, 2020, and August 19, 2021, 
respectively. Env-A 1000 establishes requirements for open burning, 
fugitive dust, and firefighter instruction and training activities. 
Env-A 2800 sets particulate matter (PM), visible emissions (VE), and 
fugitive dust standards for sand and gravel sources, non-metallic 
mineral processing plants, and cement and concrete sources. This action 
is being taken under the Clean Air Act.

DATES: Written comments must be received on or before May 18, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2022-0112 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://www2.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: Pujarini Maiti, Air Quality Planning 
Unit, Air Programs Branch (Mail Code OEP05-02), U.S. Environmental 
Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, 
Massachusetts, 02109-3912; (617) 918-1625; [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. EPA's Evaluation of New Hampshire's SIP Revisions
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On January 8, 2020, the New Hampshire Department of Environmental 
Services (NH DES) submitted a revision of New Hampshire Code of 
Administrative Rules Chapter

[[Page 22822]]

Env-A 1000 (Prevention, Abatement, and Control of Open Source Air 
Pollution) to EPA for approval into the New Hampshire SIP. NH DES 
withdrew the January 8, 2020, submission of Env-A 1000 to the SIP on 
July 19, 2021. On August 19, 2021, NH DES submitted another revision of 
Env-A 1000 to EPA for approval into the New Hampshire SIP. This 
regulation establishes requirements for open burning, fugitive dust and 
firefighter instruction and training activities. NH DES submitted this 
revision to replace the current SIP-approved Env-A 1000 (83 FR 6972; 
February 16, 2018), which expired at the State level on May 1, 2019. 
The submittal also includes Appendices A and B, which provide 
references and definitions that are included in Env-A 1000.
    On January 8, 2020, NH DES submitted a revision of New Hampshire 
Code of Administrative Rules Chapter Env-A 2800 (Sand and Gravel 
Sources; Non-Metallic Mineral Processing Plants; Cement and Concrete 
Sources) to EPA for approval into the New Hampshire SIP. Env-A 2800 
sets standards for visible emissions (VE) and particulate matter (PM) 
emissions. It also sets fugitive-dust requirements for sand and gravel 
sources, non-metallic mineral processing plants, and cement and 
concrete sources. NH DES submitted this revision to replace the current 
SIP-approved version of Env-A 2800 (81 FR 78052; October 1, 2010), 
which expired at the State level on October 1, 2018. The submittal also 
includes Appendix A, which provides a list of referenced State statutes 
and Federal regulations.
    After reviewing New Hampshire's SIP submittals, EPA has concluded 
that the revisions to Env-A 1000 and to Env-A 2800 clarify and 
strengthen the current SIP-approved regulations and therefore EPA is 
proposing to approve these revised regulations into the New Hampshire 
SIP. EPA is soliciting public comments on the issues discussed in this 
notice 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.

II. EPA's Evaluation of New Hampshire's SIP Revisions

Env-A 1000

    Env-A 1000 (Prevention, Abatement, and Control of Open Source Air 
Pollution) establishes requirements for open burning, fugitive dust and 
firefighter instruction and training activities. The proposed revisions 
to this rule, submitted to EPA on August 19, 2021, include 
clarifications and updates to certain provisions. The submittal also 
includes Appendices A and B, which provide references and definitions 
of terms used in Env-A 1000. The main proposed changes in the 
regulation and EPA's evaluation of these changes, are as follows.
    The current SIP-approved version of Env-A 1001 authorizes open 
burning of untreated wood, campfire wood, brush, or charcoal in a 
campfire, outdoor grill, or outdoor fireplace for recreational purposes 
or for the preparation of food. The proposed revision to Env-A 1001 
adds open burning of untreated pallets to this list. It also adds 
untreated pallets to the list of materials (untreated wood, campfire 
wood, or brush) that may be used as fuel for bonfires in conjunction 
with holiday or festive celebrations.
    The current SIP-approved version of Env-A 1001 allows burning of 
brush or leaves by a landowner of a private, residential property, 
provided the material originates ``on-site.'' The proposed revision to 
Env-A 1001 clarifies that originating ``on-site'' may include material 
that originates on another residential property but does not include 
material transported to the burning location for commercial purposes or 
by a commercial entity or its employees.
    The current SIP-approved version of Env-A 1002 includes an 
exemption for leaf blowers from fugitive-dust regulations. The proposed 
revision to Env-A 1002 expands the exemption to include compressed air, 
but adds the limitation that, for commercial properties and public 
ways, this equipment can only be used for the purpose of blowing leaves 
and vegetation, and cannot be used to blow dirt, sand, or gravel except 
as incidental and necessary when blowing leaves and vegetation.
    The current SIP-approved version of Env-A 1002 includes precautions 
to prevent, abate, and control fugitive dust. The proposed version of 
Env-A 1002 retains the previous precautions and adds two additional 
allowed measures: (1) The construction of wind barriers to material 
stockpiles; and (2) construction of wind barriers and phasing of work 
to reduce disturbed surface area for sandblasting or similar 
operations.
    EPA concludes that the proposed revisions to Env-A 1000 strengthen 
and clarify this regulation, and we agree that the addition of 
Appendices A and B provides relevant references and definitions for 
implementing Env-A 1000. Therefore, EPA is proposing to approve the 
submitted revision of Env-A 1000 into the New Hampshire SIP.

Env-A 2800

    On January 8, 2020, NH DES submitted a revision of New Hampshire 
Code of Administrative Rules Chapter Env-A 2800 (Sand and Gravel 
Sources; Non-Metallic Mineral Processing Plants; Cement and Concrete 
Sources) to EPA for approval into the New Hampshire SIP. Env-A 2800 
sets standards for visible emissions (VE) and particulate matter (PM) 
emissions. It also sets fugitive-dust requirements for sand and gravel 
sources, non-metallic mineral processing plants, and cement and 
concrete sources.
    The current SIP-approved version of Env-A 2802 includes definitions 
of terms used in this regulation. The proposed revision to Env-A 2802 
retains these definitions and adds the terms ``Electronic means'' and 
``Submit in writing'' to the list of defined terms. These added terms 
bring the regulation up to date with the electronic reporting systems 
used by NH DES and EPA.
    The current SIP-approved version of Env-A 2803 sets Compliance 
Testing Requirements for Non-Metallic Mineral Processing Plants. The 
proposed revision to Env-A 2803 retains the visible fugitive emissions 
or visible stack emissions standard of an average of 20 percent opacity 
for these plants, as determined by Env-A 807, for any continuous 6-
minute period at crushers, transfer points, or screens. The proposed 
revision updates, but does not substantially change, the requirements 
for conducting compliance tests at affected facilities. As before, a 
successful compliance test must be conducted on the affected facility 
or specific affected equipment in accordance with 40 CFR 60.675 within 
60 days of achieving the maximum production rate at which the affected 
facility or affected equipment will be operated or 180 days after 
startup, whichever is sooner.
    The current SIP-approved version of Env-A 2804 sets a VE standard 
for cement, ready mix concrete, and cement block sources. The proposed 
revision to Env-A 2804 retains the visible fugitive emissions or 
visible stack emissions standard of an average of 20 percent opacity 
for these sources, as determined by Env-A 807, for any continuous 6-
minute period. EPA agrees that an average of 20 percent opacity is a 
reasonable VE limitation and concurs with retaining the standard.
    The current SIP-approved version of Env-A 2805 establishes 
requirements for fugitive dust control for all sources and plants 
subject to this regulation. The

[[Page 22823]]

proposed revision to Env-A 2805 retains these requirements without 
modification. EPA considers New Hampshire's fugitive dust control 
requirements to be reasonable and concurs with retaining the standard.
    The current SIP-approved version of Env-A 2806 establishes Permit-
By-Notification (PBN) procedures for non-metallic mineral processing 
plants. The proposed revision to Env-A 2806 updates these procedures to 
allow owners or operators to notify NH DES within 10 days after initial 
startup of an affected facility by electronic means as well as 
traditional hardcopy delivery methods.
    EPA concurs with New Hampshire that the proposed revisions to Env-A 
1000 and Env-A 2800 serve to strengthen and clarify these regulations 
and is, therefore, proposing to approve these revised regulations into 
the New Hampshire SIP. Furthermore, EPA agrees that the addition of 
Appendix A provides relevant references for implementing Env-A 2800. 
Therefore, EPA is proposing to approve the submitted revision of Env-A 
2800 into the New Hampshire SIP.

III. Proposed Action

    EPA is proposing to approve, and incorporate into the New Hampshire 
SIP, Env-A 1000 and Env-A 2800, which were submitted by the State of 
New Hampshire on August 19, 2021, and on January 8, 2020, respectively.
    EPA is soliciting public comments on the issues discussed in this 
proposal or on other relevant matters. These comments will be 
considered before EPA takes final action. Interested parties may 
participate in the Federal rulemaking procedure by submitting comments 
to this proposed rule by following the instructions listed in the 
ADDRESSES section of this Federal Register.

IV. Incorporation by Reference

    In accordance with requirements of 1 CFR 51.5, EPA is proposing to 
incorporate by reference into the New Hampshire SIP two New Hampshire 
Code of Administrative Rules: Env-A 1000 (Prevention, Abatement, and 
Control of Open Source Air Pollution), effective August 1, 2019, and 
Env-A 2800 (Sand and Gravel Sources; Non-Metallic Mineral Processing 
Plants; Cement and Concrete Sources), effective December 20, 2018.
    The EPA has made, and will continue to make, these documents 
generally available electronically through https://www.regulations.gov 
and/or in hard copy at the appropriate EPA office.

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
     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, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 12, 2022.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2022-08155 Filed 4-15-22; 8:45 am]
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