[Federal Register Volume 89, Number 133 (Thursday, July 11, 2024)]
[Proposed Rules]
[Pages 56825-56827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14990]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2024-0255; FRL-12071-01-R1]


Air Plan Approval; New Hampshire; Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve most of a State Implementation Plan (SIP) revision submitted by 
the State of New Hampshire. This revision updates the State regulation 
containing ambient air quality standards. EPA is proposing to approve 
all the State's updated standards, except the primary annual fine 
particle (PM2.5) standard, which we propose to conditionally 
approve because it does not match EPA's current National Ambient Air 
Quality Standard for PM2.5. This action is being taken under 
the Clean Air Act (CAA).

DATES: Written comments must be received on or before August 12, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2024-0255 at https://www.regulations.gov, or via email to Alison 
Simcox at: [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.

FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Branch, 
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, telephone number: (617) 918-1684; email 
address: [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. Evaluation of New Hampshire's Submittal
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On December 22, 2022, New Hampshire Department of Environmental 
Services (NH DES) submitted to EPA a SIP revision updating its Env-A 
300, ``Ambient Air Quality Standards''. The State revised this 
regulation to incorporate into its SIP revised National Ambient Air 
Quality Standards (NAAQS).
    In its December 2022 SIP submittal, NH DES adopted the following:
    (1) Coarse fine particle (PM10) primary (health-based) 
and secondary (welfare-based) 24-hour standards of 150 micrograms per 
cubic meter ([mu]g/m\3\),
    (2) Fine particle (PM2.5) primary annual standard of 12 
[mu]g/m\3\,
    (3) PM2.5 secondary annual standard of 15 [mu]g/m\3\,
    (4) PM2.5 primary and secondary 24-hour standards of 35 
[mu]g/m\3\,
    (5) Sulfur dioxide (SO2) primary 1-hour standard of 75 
parts per billion (ppb),
    (6) SO2 secondary 3-hour standard of 0.5 parts per 
million (ppm),
    (7) CO primary 8-hour standard of 9 ppm,
    (8) CO primary 1-hour standard of 35 ppm,
    (9) Nitrogen Dioxide (NO2) primary annual of 53 ppb,
    (10) NO2 primary 1-hour standard of 100 ppb,
    (11) NO2 secondary annual standard of 0.053 ppm 
(equivalent to 100 [mu]g/m\3\),
    (12) Ozone primary and secondary 8-hour standard of 0.070 ppm,
    (13) Lead primary and secondary rolling 3-month standard of 0.15 
[mu]g/m\3\.
    New Hampshire's Env-A 300, ``Ambient Air Quality Standards,'' was 
originally approved into the New Hampshire SIP on March 15, 1983 (48 FR 
10830). Updates to the rule were approved into the New Hampshire SIP on 
August 19, 1994 (59 FR 42766) and on June 24, 2014 (79 FR 35695).

II. Evaluation of New Hampshire's Submittal

    EPA has reviewed New Hampshire's revised Env-A 300 and has 
determined that it is consistent with the NAAQS in 40 CFR part 50 for 
all standards except the PM2.5 primary annual standard. On 
March 6, 2024, EPA strengthened the PM2.5 primary annual 
standard to 9.0 [mu]g/m\3\ (89 FR 16202).

[[Page 56826]]

    Pursuant to a May 16, 2024, letter to EPA from NH DES, within a 
year from the effective date of EPA's conditional approval of the 
December 2022 submittal, the State commits to submitting a revision to 
Env-A 300 that includes the current primary annual standard for the 
PM2.5 NAAQS. Therefore, EPA proposes to approve all of New 
Hampshire's revised rule, except for the primary annual 
PM2.5 standard, which we propose to conditionally approve.

III. Proposed Action

    EPA proposes to approve most of New Hampshire's revised Env-A 300, 
``Ambient Air Quality Standards,'' submitted by the State on December 
22, 2022, as a revision to the New Hampshire SIP. We propose to 
conditionally approve the primary annual PM2.5 standard, 
provided that the State submits in a timely manner the portion of Env-A 
300 that includes the current EPA PM2.5 primary annual NAAQS 
of 9.0 [mu]g/m\3\.
    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.
    Under section 110(k)(4) of the Act, EPA may conditionally approve a 
plan based on a commitment from the State to adopt specific enforceable 
measures by a date certain, but not later than 1 year from the date of 
approval. If EPA conditionally approves the commitment in a final 
rulemaking action, the State must meet its commitment to submit a 
revision to Env-A 300 that includes the current PM2.5 
primary annual NAAQS. If the State fails to do so, this action will 
become a disapproval one year from the date of final approval. EPA will 
notify the State by letter that this action has occurred. At that time, 
this commitment will no longer be a part of the approved New Hampshire 
SIP. EPA subsequently will publish a document in the Federal Register 
notifying the public that the conditional approval automatically 
converted to a disapproval. If the State meets its commitment, within 
the applicable time frame, the conditionally approved submission will 
remain a part of the SIP until EPA takes final action approving or 
disapproving the new legislative authority. If EPA disapproves the new 
submittal, the conditionally approved regulation will also be 
disapproved at that time. If EPA approves the submittal, the regulation 
will be fully approved in its entirety and replace the conditionally 
approved program in the SIP.

IV. Incorporation by Reference

    In this document, the 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's regulation Env-A 300, as 
discussed in Sections I and II of this preamble. 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 CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 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 CAA. 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); 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 CAA.
    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.''
    NH DES 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.

[[Page 56827]]

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: July 2, 2024.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2024-14990 Filed 7-10-24; 8:45 am]
BILLING CODE 6560-50-P