[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Rules and Regulations]
[Pages 74834-74836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20721]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2024-0255; FRL-12071-02-R1]


Air Plan Approval; New Hampshire; Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 approving all the State's updated 
standards, except the primary annual fine particle (PM2.5) 
standard, which we are conditionally approving because it does not 
match EPA's current National Ambient Air Quality Standard for 
PM2.5. This action is being taken in accordance with the 
Clean Air Act.

DATES: This rule is effective on October 15, 2024.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2024-0255. 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: 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, (617) 918-1684; [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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On July 11, 2024 (89 FR 56825), EPA published a Notice of Proposed 
Rulemaking (NPRM) for the State of New Hampshire.
    The NPRM proposed approval of New Hampshire's update to its Env-A 
300, ``Ambient Air Quality Standards'' (AAQS). The formal SIP revision 
was submitted by the state on December 22, 2022.
    EPA determined that the state's updated AAQS are consistent with 
the National Ambient Air Quality Standards (NAAQS) in 40 CFR part 50 
for all standards except the PM2.5 primary annual standard, 
which EPA strengthened subsequent to New Hampshire's SIP submittal (89 
FR 16202).

[[Page 74835]]

    Additional background and rationale for EPA's proposed action are 
explained in the NPRM and will not be restated here. No public comments 
were received on the NPRM.

II. Final Action

    EPA is approving most of New Hampshire's revised Env-A 300, 
``Ambient Air Quality Standards'' as a revision to the New Hampshire 
SIP. We are conditionally approving 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 [micro]g/m\3\.
    The State must submit to EPA by a date not later than 1 year from 
final approval a revision to Env-A 300 that includes the current 
PM2.5 primary annual NAAQS. If the State fails to do so, 
this approval will become a disapproval on that date. 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 notice in the notice section of 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 
regulation in the SIP.

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's regulation Env-A 300 ``Ambient Air Quality Standards'' as 
discussed in sections I and 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 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 communities with environmental justice 
(EJ) concerns to the greatest extent practicable and permitted by law. 
EPA defines 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 consider EJ; EPA did not perform an EJ analysis or 
consider EJ as part of its decision. 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 communities with EJ concerns.
    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

[[Page 74836]]

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 12, 2024. 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, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 9, 2024.
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. Section 52.1519 is amended by adding paragraph (a)(12) to read as 
follows:


Sec.  52.1519  Identification of plan-conditional approval.

    (a) * * *
    (12) On December 22, 2022, the New Hampshire Department of 
Environmental Services (NHDES) submitted a request to amend New 
Hampshire's Env-A 300, ``Ambient Air Quality Standards'' regulation, as 
a revision to New Hampshire's State Implementation Plan (SIP). NHDES 
revised this regulation to incorporate into its SIP revised National 
Ambient Air Quality Standards (NAAQS). On March 6, 2024, EPA 
strengthened the fine particulate matter (PM2.5) primary 
annual NAAQS. On May 16, 2024, New Hampshire submitted a letter to EPA 
committing to adopt a revised version of Env-A 300 which includes the 
current EPA PM2.5 primary annual NAAQS.
* * * * *

0
3. In Sec.  52.1520(c) the table ``EPA-Approved New Hampshire 
Regulations'' is amended by revising the existing entry for ``Env-A 
300'' to read as follows:


Sec.  52.1520  Identification of plan.

* * * * *
    (c) EPA approved regulations.

                                     EPA-Approved New Hampshire Regulations
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                                                             State
         State citation              Title/subject      effective date  EPA approval date \1\     Explanations
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                                                  * * * * * * *
Env-A 300......................  Ambient Air Quality         5/24/2022  7/13/2024............  .................
                                  Standards.                            [Insert Federal
                                                                         Register citation].
 
                                                  * * * * * * *
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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.

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[FR Doc. 2024-20721 Filed 9-12-24; 8:45 am]
BILLING CODE 6560-50-P