[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Rules and Regulations]
[Pages 60893-60895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19117]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2023-0188; FRL-11025-02-R1]


Air Plan Approval; New Hampshire; Reasonable Available Control 
Technology for the 2008 and 2015 Ozone Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions of State Implementation Plan (SIP) revisions submitted by the 
State of New Hampshire that certify that the state has adopted 
regulations meeting the requirements for reasonably available control 
technology (RACT) for the 2008 and 2015 ozone national ambient air 
quality standards (NAAQS), and portions of amendments to a related 
regulation that New Hampshire revised to fulfill RACT requirements for 
these two NAAQS. We are also approving a revision to the state's 
definition of emergency generator. These actions are being taken in 
accordance with the Clean Air Act.

DATES: This rule is effective on October 6, 2023.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2023-0188. 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: Bob McConnell, Environmental Engineer, 
Air and Radiation Division (Mail Code 5-MD), U.S. Environmental 
Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, 
Massachusetts, 02109-3912; (617) 918-1046.

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. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On July 10, 2023 (88 FR 43483), EPA published a Notice of Proposed 
Rulemaking (NPRM) for the State of New Hampshire. The NPRM proposed 
approval that the state has adopted regulations meeting the 
requirements for reasonably available control technology (RACT) for the 
2008 and 2015 ozone national ambient air quality standards (NAAQS), 
amendments to Env-A 1300, NOX RACT, which New Hampshire 
revised as part of its RACT requirements for these two ozone NAAQS, a 
revision to the State's definition of emergency generator to address a 
court decision that vacated the allowance for such engines to operate 
for demand-response purposes, and removal from the SIP of two 
previously issued RACT orders related to Merrimack Station. During the 
public comment period, EPA received one comment letter from the Sierra 
Club dated August 9, 2023, that opposed New Hampshire's NOX 
RACT limits applicable to coal-fired cyclone boilers. EPA is evaluating 
those comments in light of our July 10, 2023 proposed approval, and 
will take final action on New Hampshire's NOX RACT 
requirements for coal-fired cyclone boilers and New Hampshire's request 
to withdraw from the SIP two previously issued RACT orders applicable 
to Merrimack Station boilers in a subsequent final rule. We did not 
receive comments on any other portions of our July 10, 2023 proposed 
action and are therefore approving within this final rule New 
Hampshire's SIP revisions presented in our July 10, 2023 proposal for 
all provisions for which we did not receive comments. Please see our 
July 10, 2023 proposed rule for additional background and a more 
detailed explanation of EPA's rationale related to this action.

II. Final Action

    EPA is approving portions of SIP revisions submitted by the State 
of New Hampshire. Specifically, EPA is approving the VOC RACT 
certifications for the 2008 and 2015 ozone NAAQS; the NOX 
RACT certifications for these same standards except for the 
certification regarding NOX RACT for coal-fired cyclone 
boilers for which EPA received adverse comments; the state's revised 
NOX RACT regulation, Env-A 1300, except for sections within 
Env-A 1303.06 concerning limits for coal-fired cyclone boilers for 
which EPA received adverse comments; and the state's revised definition 
of emergency generator in Regulation Env-A 100.

III. Incorporation by Reference

    In this rule, the 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 regulation Env-A 1300, NOX RACT, and a revision to 
the state's definition of emergency generator in regulation Env-A 100, 
which contains the state's definition of terms used within its air 
pollution control regulations, as discussed in Section II of this 
preamble and 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

[[Page 60894]]

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 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);
     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); and
     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.
    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).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The New Hampshire Department of Environmental Services did not 
evaluate environmental justice considerations as part of its SIP 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA did not perform an EJ 
analysis and did not consider EJ in this action. Due to the nature of 
the action being taken here, this action is expected to have a neutral 
to positive impact on the air quality of the affected area. 
Consideration of EJ is not required as part of this action, and there 
is no information in the record inconsistent with the stated goal of 
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
    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 November 6, 2023. 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, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: August 30, 2023.
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.

Subpart EE--New Hampshire

0
2. In Sec.  52.1520 (c), amend the table by adding an entry for ``Env-A 
100'', immediately preceding the entry for ``Env-A 200''; revising the 
entry for ``Env-A 1300''; and in Sec.  52.1520 (e), amending the table 
to add entries for ``Certifications for RACT for the 2008 and 2015 
ozone standards'' and for ``Negative declarations included in New 
Hampshire's State Implementation Plan for purposes of the 2008 and 2015 
ozone standards'' to the end of the table, to read as follows:


Sec.  52.1520  Identification of plan.

* * * * *
    (c) * * *

[[Page 60895]]



                                     EPA-Approved New Hampshire Regulations
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                                                     State effective   EPA approval date
         State citation            Title/subject           date               \1\              Explanations
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                                                  * * * * * * *
Env-A 100......................  Definition of      8/15/2018........  9/6/2023 [Insert   Revision to the term
                                  ``Emergency                           Federal Register   ``Emergency
                                  generator''.                          citation].         generator'' as used
                                                                                           within the state's
                                                                                           air pollution control
                                                                                           regulations.
 
                                                  * * * * * * *
Env-A 1300.....................  NOX RACT.........  8/15/2018 and 3/   .................  Regulation, effective
                                                     20/2023.                              8/15/2018, containing
                                                                                           emissions limits and
                                                                                           other requirements
                                                                                           for stationary
                                                                                           sources of nitrogen
                                                                                           oxides approved
                                                                                           except for sections
                                                                                           pertaining to coal-
                                                                                           fired cyclone boilers
                                                                                           at Env-A 1303.06(b)
                                                                                           and (c). Revisions
                                                                                           made to Env-A 1303.02
                                                                                           and 1303.04.
                                                                                           effective 3/20/2023.
 
                                                  * * * * * * *
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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 notice cited in this column for the particular provision.

    (e) * * *

                                           New Hampshire NonRegulatory
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                                     Applicable
   Name of nonregulatory SIP       geographic or     State submittal   EPA approved date
           provision               nonattainment      date/effective          \3\              Explanations
                                        area               date
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                                                  * * * * * * *
Certifications for RACT for the  Statewide........           9/6/2018  9/6/2023 [Insert   RACT certifications
 2008 and 2015 ozone standards.                                         Federal Register   for stationary
                                                                        citation].         sources of VOC and
                                                                                           NOX approved for
                                                                                           purposes of the 2008
                                                                                           and 2015 ozone
                                                                                           standards except for
                                                                                           NOX RACT requirements
                                                                                           pertaining to coal-
                                                                                           fired cyclone
                                                                                           boilers.
Negative declarations included   Statewide........           9/6/2018  9/6/2023 [Insert   Negative declarations
 in New Hampshire's State                                               Federal Register   submitted for 26 CTG
 Implementation Plan for                                                citation].         categories listed
 purposes of the 2008 and 2015                                                             within Table 5-3 of
 ozone standards.                                                                          the New Hampshire
                                                                                           document
                                                                                           ``Certification of
                                                                                           Reasonably Available
                                                                                           Control Technology
                                                                                           for the 2008 and 2015
                                                                                           8-hour Ozone National
                                                                                           Ambient Air Quality
                                                                                           Standards'', dated
                                                                                           August 21, 2018.
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\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.


[FR Doc. 2023-19117 Filed 9-5-23; 8:45 am]
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