[Federal Register Volume 91, Number 6 (Friday, January 9, 2026)]
[Rules and Regulations]
[Pages 909-911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-00249]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2025-3027; FRL-13094-01-R1]
Air Plan Approval; New Hampshire; Updates to Materials
Incorporated by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; administrative change.
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SUMMARY: The Environmental Protection Agency (EPA) is updating the
materials that are incorporated by reference (IBR) into the New
Hampshire State Implementation Plan (SIP). The regulations affected by
this update have been previously submitted by the State of New
Hampshire and approved by the EPA. In this final rule, the EPA is also
notifying the public of corrections and clarifying changes in the Code
of Federal Regulations tables that identify the materials incorporated
by reference into the New Hampshire SIP. This update affects the
materials that are available for public inspection at the National
Archives and Records Administration and the EPA Regional Office.
DATES: This rule is effective on January 9, 2026.
ADDRESSES: The SIP materials for which incorporation by reference into
40 CFR part 52 is finalized through this action are available for
inspection at the following locations: 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.
FOR FURTHER INFORMATION CONTACT: Patrick Lillis, Air and Radiation
Division (Mail Code 5-MI), U.S. Environmental Protection Agency--Region
1, 5 Post Office Square, Suite 100, Boston, Massachusetts 02109-3912;
tel. (617) 918-1067, or by email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background
A. Added Regulations
B. Revised Regulations
C. Removed Regulations
D. Added Single Source Specific Orders
E. Removed Single Source Specific Orders
II. EPA Action
III. Good Cause Exemption
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
Each State has a SIP containing the control measures and strategies
used to attain and maintain the national ambient air quality standards
(NAAQS). The SIP is extensive, containing such elements as air
pollution control regulations, emission inventories, monitoring
networks, attainment demonstrations, and enforcement mechanisms.
Each State must formally adopt the control measures and strategies
in the SIP after the public has had an opportunity to comment on them
and then submit the proposed SIP revisions to the EPA. Once these
control measures and strategies are approved by EPA, and after notice
and comment, they are incorporated into the federally approved SIP and
are identified in part 52, ``Approval and Promulgation of
Implementation Plans,'' of title 40 of the Code of Federal Regulations
(40 CFR part 52). The full text of the State regulation approved by the
EPA is not reproduced in its entirety in 40 CFR part 52 but is
``incorporated by reference.'' This means that the EPA has approved a
given State regulation or specified changes to the given regulation
with a specific effective date. The public is referred to the location
of the full text version should they want to know which measures are
contained in a given SIP. The information provided allows the EPA and
the public to monitor the extent to which a State implements a SIP to
attain and maintain the NAAQS and to take enforcement action for
violations of the SIP.
The SIP is a living document which the State can revise as
necessary to address the unique air pollution problems in the State.
Therefore, the EPA from time to time must take action on proposed
revisions containing new or revised State regulations. A submission
from a State can revise one or more rules in their entirety, or
portions of rules. The State indicates the changes in the submission
(such as by using redline/strikethrough text) and the EPA then takes
action on the requested changes. The EPA establishes a docket for its
actions using a unique Docket Identification Number, which is listed in
each action. These dockets and the complete submission are available
for viewing on www.regulations.gov.
On May 22, 1997 (62 FR 27968), the EPA revised the procedures for
incorporating by reference, into the CFR, materials approved by the EPA
into each SIP. These changes revised the format for the identification
of the SIP in 40 CFR part 52, streamlined the mechanisms for announcing
the EPA approval of revisions to a SIP, and streamlined the mechanisms
for the EPA's updating of the IBR information contained for each SIP in
40 CFR part 52. The revised procedures also called for the EPA to
maintain ``SIP Compilations'' that contain the federally approved
regulations and source specific permits submitted by each State agency.
The EPA generally updates these SIP Compilations every few years.
Under the revised procedures, the EPA must periodically publish an
informational document in the rules section of the Federal Register
notifying the public that updates have been made to a SIP Compilation
for a particular State. The EPA began applying the 1997 revised
procedures to the New Hampshire SIP on September 30, 2009 (74 FR
50118). In this action, Region 1 is updating the SIP Compilation for
IBR information since September 30, 2009.
A. Added Regulations
[ssquf] Env-A 1300 Nitrogen Oxides (NOX) Reasonably
Available Control Technology (RACT).
[ssquf] Env-A 1600 Fuel Specifications.
[ssquf] Env-A 1900 Emission Standards and Operating Practices for
Incinerators.
[ssquf] Env-A 2100 Particulate Matter and Visible Emissions
Standards.
[ssquf] Env-A 2300 Mitigation of Regional Haze.
[ssquf] Env-A 2400 Ferrous and Non-Ferrous Foundries, Smelters, and
Investment Casting Operations.
[ssquf] Env-A 2700 Hot Mix Asphalt Plants.
[ssquf] Env-A 2800 Sand and Gravel Sources; Non-Metallic Mineral
Processing Plants; Cement and Concrete Sources.
[ssquf] Env-Or 500 Recovery of Gasoline Vapors.
[ssquf] Title I of the New Hampshire Statutes: The State and its
Government, Chapter 21-0.
[ssquf] Title X of the New Hampshire Statutes: Public Health,
Chapter 125-C.
[ssquf] Title X of the New Hampshire Statutes: Public Health,
Chapter 125-O.
[ssquf] Certifications for RACT for the 2008 and 2015 ozone
standards.
[ssquf] Negative Declarations included in New Hampshire's State
Implementation Plan for purposes of the 2008 and 2015 ozone
standards.
[ssquf] New Hampshire Regional Haze Plan Periodic Comprehensive
Revision for 2nd planning period 2018-2028.
[ssquf] Certifications for RACT for the 2008 and 2015 ozone
standards.
[ssquf] Certifications for RACT for the 2008 and 2015 ozone
standards.
[[Page 910]]
B. Revised Regulations
[ssquf] Env-A 100 Definitions.
[ssquf] Env-A 200 Permit Notice and Hearing Procedures.
[ssquf] Env-A 300 Ambient Air Quality Standards.
[ssquf] Env-A 600 Statewide Permit System.
[ssquf] Env-A 800 Testing and Monitoring Procedures.
[ssquf] Env-A 900 Owner or Operator Obligations.
[ssquf] Env-A 1000 Prevention, Abatement, and Control of Open Source
Air Pollution.
[ssquf] Env-A 1200 Volatile Organic Compounds (VOCs) Reasonably
Available Control Technology (RACT).
[ssquf] Env-A 1500 Conformity.
[ssquf] Saf-C 3200 Official Motor Vehicle Inspection Requirements.
[ssquf] Saf-C 5800 Roadside Diesel Opacity Inspection.
C. Removed Regulations
[ssquf] Env-A 400 Sulfur Content Limits in Fuels.
[ssquf] Env-A 700 Permit Fee System.
D. Added Single Source Specific Orders
[ssquf] PSNH Merrimack Station (TP-0008)
[ssquf] Hitchiner Manufacturing (ARD-02-001)
[ssquf] Hutchinson Sealing Systems (ARD-01-002)
[ssquf] TFX Medical Incorporated (ARD-07-002)
[ssquf] Newington Energy, LLC. (ARD-04-001)
[ssquf] Waste Management (ARD-01-001)
[ssquf] Gorham Paper and Tissue (Order No. ARD-97-003)
[ssquf] Parker-Hannifin Corporation (ARD 03-001A)
[ssquf] Textile Tapes Corporation (ARD-96-001)
[ssquf] Watts Regulator Company (ARD 07-001)
[ssquf] Sturm Ruger and Company (ARD-03-001)
[ssquf] PSNH d/b/a Eversource Energy Merrimack Station (TP-0189)
[ssquf] Diacom Corporation (RACT Order RO-0002)
[ssquf] Schiller Station (NOX RACT Order RO-003)
[ssquf] Anheuser Busch (NOX RACT Order ARD-05-001)
[ssquf] Metal Works (VOC RACT Order ARD-05-001)
[ssquf] Polyonics (VOC RACT Order ARD07-004)
[ssquf] Complete Coverage Woodpriming (VOC RACT Order RO-0004)
[ssquf] PSI Molded Plastics (RO-0005)
[ssquf] Fujifilm Dimatix Incorporated (RO-0006)
[ssquf] PAK Solutions LLC. (RACT Order RO-0007)
E. Removed Single Source Specific Orders
[ssquf] Source specific NOX RACT order for Groveton
Paperboard Corp., Groveton, NH (Order ARD-95-001.)
[ssquf] Source specific NOX RACT order for Plymouth
Cogeneration Ltd. Partnership, Plymouth, NH. (Order ARD-95-002.)
[ssquf] Source specific NOX RACT order for Waterville
Valley Ski Area Ltd., Waterville Valley, NH (Order ARD-95-003.)
[ssquf] VOC RACT for L.W. Packard and Company, Inc. Ashland, NH.
(Order ARD-94-001.)
[ssquf] VOC RACT for Kalwall Corporation, Manchester, NH. (Order
ARD-95-010.)
[ssquf] Source specific NOX RACT order for Hampshire
Chemical Corporation, Nashua, NH. (Order ARD-95-011.)
II. EPA Action
In this action, the EPA is providing notification of an update to
the materials incorporated by reference into the New Hampshire SIP as
of December 9, 2024 and identified in 40 CFR 52.1520(c) and (d). This
update includes SIP materials submitted by New Hampshire and approved
by the EPA since the initial IBR update. See 74 FR 50118 (September 30,
2009).
III. Good Cause Exemption
The EPA has determined that this action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation and section 553(d)(3)
which allows an agency to make an action effective immediately (thereby
avoiding the 30-day delayed effective date otherwise provided for in
the APA). This administrative action simply codifies provisions which
are already in effect as a matter of law in Federal and approved State
programs, makes corrections and clarifying changes to the tables in the
CFR, and makes ministerial changes to the prefatory heading to the
tables in the CFR. Under section 553 of the APA, an agency may find
good cause where procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Public comment for this
administrative action is ``unnecessary'' and ``contrary to the public
interest'' since the codification (and corrections) only reflect
existing law. Immediate notice of this action in the Federal Register
benefits the public by providing the public notification of the updated
New Hampshire SIP Compilation and notification of corrections to the
New Hampshire ``Identification of Plan'' portion of the CFR. Further,
pursuant to section 553(d)(3), making this action immediately effective
benefits the public by immediately updating both the SIP Compilation
and the CFR ``Identification of plan'' section (which includes table
entry corrections).
IV. Incorporation by Reference
In this document, 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
regulations promulgated by New Hampshire, previously approved by the
EPA and federally effective before December 9, 2024, contained in 40
CFR 52.1520(c), EPA approved regulations, described in section II. of
this preamble. The EPA has made, and will continue to make, these
materials generally available through 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 Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air 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);
Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
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
[[Page 911]]
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).
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 March 10, 2026. 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.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 22, 2025.
Mark Sanborn,
Regional Administrator, EPA Region 1.
For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52 of chapter I, title 40 of the Code of
Federal Regulations 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 is amended by revising paragraph (b) to read as
follows:
Sec. 52.1520 Identification of plan.
* * * * *
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to December
9, 2024, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Material is incorporated as it exists on the date of the approval,
and notice of any change in the material will be published in the
Federal Register. Entries in paragraphs (c) and (d) of this section
with EPA approval dates after December 9, 2024, will be incorporated by
reference in the next update to the SIP compilation.
(2) EPA Region 1 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
Implementation Plan as of the dates referenced in paragraph (b)(1) of
this section.
(3) Copies of the materials incorporated by reference may be
inspected at the Region 1 EPA Office at 5 Post Office Square--Suite
100, Boston, MA 02109. To obtain the material, please call the EPA
Region 1 Office. You may inspect the material with an EPA approval date
prior to December 9, 2024, at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
* * * * *
[FR Doc. 2026-00249 Filed 1-8-26; 8:45 am]
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