[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Rules and Regulations]
[Pages 26999-27001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09514]



40 CFR Part 52

[EPA-R01-OAR-2021-0785; FRL-9591-02-R1]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving 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 

DATES: This rule is effective on June 6, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2021-0785. 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., 
confidential business information (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: 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 and Purpose
    a. Env-A 800 Testing and Monitoring Procedures
    b. Env-A 619.03 PSD Program Requirements
    c. Env-A 1200 VOC RACT
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On March 3, 2022 (87 FR 12016), EPA published a notice of proposed 
rulemaking (NPRM) for the State of New Hampshire proposing to approve 
several SIP revisions submitted by the State. Information about the 
proposed SIP revisions are as follows.

a. Env-A 800 Testing and Monitoring Procedures

    On August 19, and subsequently on December 20, 2021, the New 
Hampshire Department of Environmental Services (NH DES) submitted a 
revision to its State Implementation Plan (SIP). The submittal 
consisted of revisions to an existing rule, Env-A 800, Testing and 
Monitoring Procedures, that was previously approved into the New 
Hampshire SIP. Env-A 800 establishes testing and monitoring procedures, 
calculation procedures, standards, and requirements used to determine 
compliance with Federal and state air pollution regulations.

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, updating the reference date for 40 CFR 52.21 to incorporate 
EPA's current ``Guideline on Air Quality Models'' in appendix W of 40 
CFR part 51. The revision also addressed issues related to EPA's 
conditional approvals 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). EPA proposed

[[Page 27000]]

to approve the revision to the New Hampshire SIP and convert these 
conditional approvals to full approvals.

c. Env-A 1200 VOC RACT

    On July 15, 2021, the NH DES submitted a revision to its SIP, which 
consisted 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. Env-A 1200 
establishes requirements for the implementation of RACT on certain 
stationary sources located in New Hampshire that emit VOCs.
    The rationale for EPA's proposed actions for these revisions is 
explained in the NPRM and will not be restated here. There were no 
public comments received on the NPRM.

II. Final Action

    EPA is approving New Hampshire's SIP revisions pertaining to Env-A 
800 Testing and Monitoring Procedures, Env-A 619.03 PSD Program 
Requirements, and Env-A 1200 VOC RACT, as described in Section I. EPA 
is also converting to full approval the 2015 Ozone and 2012 
PM2.5 NAAQS infrastructure SIP requirements for CAA sections 
110(a)(2)(C), 110(a)(2)(D)(i)(II), 110(a)(2)(J), and 110(a)(2)(K).

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of New 
Hampshire regulations (1) Env-A 800 as adopted on May 1, 2019, with the 
exception of section 801.02(b) and (d) and section 810; (2) Env-A 
619.03 as adopted on March 16, 2021; and (3) Env-A 1200 as adopted on 
October 17, 2019, described in the amendments to 40 CFR part 52 set 
forth below. 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). Therefore, these materials have been approved by EPA for 
inclusion in the State Implementation Plan, have been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference in 
the next update to the SIP compilation.\1\

    \1\ 62 FR 27968 (May 22, 1997).

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 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 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).
    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. 
    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 July 5, 2022. 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, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: April 28, 2022.
David Cash,
Regional Administrator, EPA Region 1.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:


1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

[[Page 27001]]

Subpart EE--New Hampshire

2. In Sec.  52.1520:
a. In the table in paragraph (c):
i. Revise the fourth table heading and the entries for ``Env-A 600,'' 
``Env-A 800,'' and ``Env-A 1200''; and
ii. Add footnote 1; and
b. In the table in paragraph (e), revise the entries for ``Submittals 
to meet Section 110(a)(2) Infrastructure Requirements for the 2012 
PM2.5 NAAQS'' and ``Submittal to meet Section 110(a)(2) 
Infrastructure Requirements for the 2015 Ozone NAAQS''.
    The revisions and addition read as follows:

Sec.  52.1520   Identification of plan.

* * * * *
    (c) * * *

                                     EPA-Approved New Hampshire Regulations
                                                           State        EPA approval date
        State citation             Title/subject      effective date           \1\              Explanations
                                                  * * * * * * *
Env-A 600....................  Statewide Permit            4/20/2021  5/6/2022 [Insert      Revisions to Env-A
                                System.                                Federal Register      619.13 to
                                                                       citation].            incorporate updated
                                                                                             reference date to
                                                                                             the ambient air
                                                                                             quality modeling
                                                                                             guidelines at 40
                                                                                             CFR part 51,
                                                                                             Appendix W.
Env-A 800....................  Testing and                 4/30/2019  5/6/2022 [Insert      Minor revisions to
                                Monitoring                             Federal Register      the previously
                                Procedures.                            citation].            approved Env-A 800
                                                                                             rule be
                                                                                             incorporated into
                                                                                             the State's SIP,
                                                                                             except for Env-A
                                                                                             801.02(b) and (d)
                                                                                             that relate to
                                                                                             trading, and Env-A
                                                  * * * * * * *
Env-A 1200...................  Volatile Organic           10/17/2019  5/6/2022 [Insert
                                Compounds (VOCs)                       Federal Register
                                Reasonably Available                   citation].
                                Control Technology
                                                  * * * * * * *
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register document cited in this column for the particular provision.

* * * * *
    (e) * * *

                                          New Hampshire Non-Regulatory
                                                            State submittal
   Name of nonregulatory SIP     Applicable geographic or    date/effective     EPA approved      Explanations
           provision                nonattainment area            date              date
                                                  * * * * * * *
Submittals to meet Section      Statewide................  12/22/2015;        12/4/2018, 83 FR  These submittals
 110(a)(2) Infrastructure                                   supplement         62464.            are approved
 Requirements for the 2012                                  submitted 6/8/                       with respect to
 PM2.5 NAAQS.                                               2016.                                the following
                                                                                                 (B), (C), (D),
                                                                                                 (E), (F), (G),
                                                                                                 (H), (J), (L),
                                                                                                 and (M).
                                                           12/22/2015.......  10/26/2020, 85    This submittal
                                                                               FR 67651.         is
                                                                                                 approved with
                                                                                                 respect to
                                                                                                 provisions of
                                                                                                 The following
                                                                                                 approved items
                                                                                                 are corrected
                                                                                                 and changed
                                                                                                 from approval
                                                                                                 to conditional
                                                                                                 110(a)(C) (PSD
                                                                                                 (prong 3 only),
                                                                                                 and (J) (PSD
                                                           4/20/2021........  5/6/2022 [Insert  Items that were
                                                                               Federal           conditionally
                                                                               Register          approved on 10/
                                                                               citation].        26/2020 are now
                                                                                                 fully approved.
                                                  * * * * * * *
Submittal to meet Section       Statewide................  4/20/2021........  5/6/2022 [Insert  Items that were
 110(a)(2) Infrastructure                                                      Federal           conditionally
 Requirements for the 2015                                                     Register          approved on 10/
 Ozone NAAQS.                                                                  citation].        26/2020 are now
                                                                                                 fully approved.
                                                  * * * * * * *

* * * * *
[FR Doc. 2022-09514 Filed 5-5-22; 8:45 am]