[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]
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ENVIRONMENTAL PROTECTION AGENCY
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
1200 VOC RACT
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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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
(CAA).
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\
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\1\ 62 FR 27968 (May 22, 1997).
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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.
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 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:
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.
[[Page 27001]]
Subpart EE--New Hampshire
0
2. In Sec. 52.1520:
0
a. In the table in paragraph (c):
0
i. Revise the fourth table heading and the entries for ``Env-A 600,''
``Env-A 800,'' and ``Env-A 1200''; and
0
ii. Add footnote 1; and
0
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
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State EPA approval date
State citation Title/subject effective date \1\ Explanations
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* * * * * * *
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
810.
* * * * * * *
Env-A 1200................... Volatile Organic 10/17/2019 5/6/2022 [Insert
Compounds (VOCs) Federal Register
Reasonably Available citation].
Control Technology
(RACT).
* * * * * * *
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\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
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State submittal
Name of nonregulatory SIP Applicable geographic or date/effective EPA approved Explanations
provision nonattainment area date date
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* * * * * * *
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
CAA
requirements:
110(a)(2)(A),
(B), (C), (D),
(E), (F), (G),
(H), (J), (L),
and (M).
12/22/2015....... 10/26/2020, 85 This submittal
FR 67651. is
conditionally
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).
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.
* * * * * * *
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[FR Doc. 2022-09514 Filed 5-5-22; 8:45 am]
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