[Federal Register Volume 81, Number 138 (Tuesday, July 19, 2016)]
[Proposed Rules]
[Pages 46866-46870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17063]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2014-0909; FRL-9949-15-Region 1]
Air Plan Approval; New Hampshire; Regional Haze 5-Year Report
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of New Hampshire on December 16, 2014. New Hampshire's SIP
revision addresses requirements of the Clean Air Act (CAA) and EPA's
rules that require states to submit periodic reports describing
progress toward reasonable progress goals (RPGs) established for
regional haze and a determination of the adequacy of the State's
existing Regional Haze SIP. In addition, the December 16, 2014
submittal includes a revised regulation that reduces the total
suspended particulate (TSP) emission limit for the State's sole
Tangential-Firing, Dry-Bottom Boiler.
DATES: Written comments must be received on or before August 18, 2016.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2014-0909 at http://www.regulations.gov, or via email to
[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 http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Anne McWilliams, Air Quality Unit,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square--Suite 100, (Mail Code OEP05-02), Boston, MA
02109--3912, telephone number (617) 918-1697, fax number (617) 918-
0697, email [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. Background
II. Requirements for Regional Haze 5-Year Progress Report SIPs and
Adequacy Determinations
III. EPA's Evaluation of New Hampshire's SIP Revision
A. Regional Haze Progress Report
B. Determination of Adequacy of Existing Regional Haze Plan
C. Revised Env-A 2302.02 Emission Standards Applicable to
Tangential-Firing, Dry-Bottom Boilers
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background
States are required to submit a progress report in the form of a
SIP revision every five years that evaluates progress towards the RPGs
for each mandatory Class I Federal area \1\ (Class I area) within the
state and in each Class I area outside the state which may be affected
by emissions from within the state. See 40 CFR 51.308(g). In addition,
the provisions under 40 CFR 51.308(h) require states to submit, at the
same time as the 40 CFR 51.308(g) progress report, a determination of
the adequacy of the state's existing Regional Haze SIP. The first
progress report SIP is due five years after submittal of the initial
Regional Haze SIP. On January 29, 2010, the New Hampshire Department of
Environmental Services (NH DES) submitted the State's first Regional
Haze SIP in accordance with 40 CFR 51.308.\2\
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\1\ Areas designated as mandatory Class I Federal areas consist
of national parks exceeding 6000 acres, wilderness areas and
national memorial parks exceeding 5000 acres, and all international
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)).
\2\ On August 22, 2012, EPA approved New Hampshire's Regional
Haze SIP submittal addressing the requirements of the first
implementation period for regional haze. See 77 FR 50602.
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On December 16, 2014, NH DES submitted a revision to the New
Hampshire SIP detailing the progress made in the first planning period
toward implementation of the Long Term Strategy (LTS) outlined in the
2010 Regional Haze SIP submittal, the visibility improvement measured
at the State's Class I areas, and a determination of the adequacy of
the State's existing Regional Haze SIP. EPA is proposing to approve New
Hampshire's December 16, 2014 SIP revision on the basis that it
satisfies the requirements of 40 CFR 51.308(g) and (h).
[[Page 46867]]
II. Requirements for Regional Haze 5-Year Progress Report SIPs and
Adequacy Determinations
Under 40 CFR 51.308(g), States must submit a regional haze progress
report as a SIP revision every five years and must address the seven
elements found in 40 CFR 51.308(g). As described in further detail in
section III of this proposed rulemaking, 40 CFR 51.308(g) requires: (1)
A description of the status of measures in the approved Regional Haze
SIP; (2) a summary of emissions reductions achieved; (3) an assessment
of visibility conditions for each Class I area in the state; (4) an
analysis of changes in emissions from sources and activities within the
state; (5) an assessment of any significant changes in anthropogenic
emissions within or outside the state that have limited or impeded
progress in Class I areas impacted by the state's sources; (6) an
assessment of the sufficiency of the approved Regional Haze SIP; and
(7) a review of the state's visibility monitoring strategy.
Under 40 CFR 51.308(h), states are required to submit, at the same
time as the progress report SIP, a determination of the adequacy of
their existing Regional Haze SIP and to take one of the following four
possible actions based on information in the progress report: (1)
Submit a negative declaration to EPA that no further substantive
revision to the state's existing Regional Haze SIP is needed; (2)
provide notification to EPA (and other state(s) that participated in
the regional planning process) if the state determines that the
existing Regional Haze SIP is, or may be, inadequate to ensure
reasonable progress at one or more Class I areas due to emissions from
sources in other state(s) that participated in the regional haze
planning process, and collaborated with these other state(s) to develop
additional strategies to address deficiencies; (3) provide notification
with supporting information to EPA if the state determines that its
existing Regional Haze SIP is, or may be, inadequate to ensure
reasonable progress at one or more Class I areas due to emissions from
sources in another county; or (4) revise its Regional Haze SIP to
address deficiencies within one year if the state determines that its
existing Regional Haze SIP is or may be inadequate to ensure reasonable
progress in one or more Class I areas due to emission from sources
within the state.
III. EPA's Evaluation of New Hampshire's SIP Revision
On December 14, 2014, New Hampshire submitted the ``Regional Haze
5-Year Progress Report'' (Progress Report) to EPA as a SIP revision.
New Hampshire has two Class I areas within its borders: Great Gulf
Wilderness Area (Great Gulf) and Presidential Range-Dry River
Wilderness Area (Dry River), both located within the White Mountains
National Forest. Emissions from New Hampshire's sources were also found
to impact visibility at one nearby Class I area, Acadia National Park
in Maine (Acadia). See 77 FR 11809 (February 28, 2012).
Through the consultation process, New Hampshire agreed to pursue
the coordinated course of action agreed to by the Mid-Atlantic/
Northeast Visibility Union (MANE-VU) \3\ to assure reasonable progress
toward preventing any future, and remedying any existing, impairment of
visibility in the mandatory Class I areas within the MANE-VU region.
These measures are: Implementation of best available retrofit
technology (BART) requirements; a low-sulfur fuel oil strategy; a
targeted electricity generating unit (EGU) strategy; and continued
evaluation of other control measures.\4\ While New Hampshire did not
adopt a low-sulfur fuel oil strategy for implementation during the
first regional haze planning period, the State showed in its 2010
Regional Haze SIP that equivalent emission reductions were achieved
through alternate measures such as recent fuel switching at a coal-
fired power plant in the state (i.e., Schiller Station) and facility
shutdowns.
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\3\ MANE-VU is a collaborative effort of State governments,
Tribal governments, and various federal agencies established to
initiate and coordinate activities associated with the management of
regional haze, visibility and other air quality issues in the
Northeastern United States. Member State and Tribal governments
include: Connecticut, Delaware, the District of Columbia, Maine,
Maryland, Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, Penobscot Indian Nation, Rhode Island, and Vermont.
\4\ The MANE-VU ``Ask'' was structured around the finding that
SO2 emissions were the dominate visibility impairing
pollutant at the Northeastern Class I areas and electrical
generating units comprised the largest SO2 emission
sector. See ``Regional Haze and Visibility in the Northeast and Mid-
Atlantic States,'' January 31, 2001.
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A. Regional Haze Progress Report
This section summarizes each of the seven elements that must be
addressed by the progress report under 40 CFR 51.308(g), and describes
how New Hampshire's progress report SIP addresses each element. This
section also includes EPA's analysis of New Hampshire's SIP, and our
proposed determination as to whether the State satisfied each element.
The provisions in 40 CFR 51.308(g)(1) require a description of the
status of implementation of all measures included in the Regional Haze
SIP for achieving RPGs for Class I areas both within and outside the
state. New Hampshire's 2010 Regional Haze SIP RPGs are based on:
Control measures for the State's two subject-to-BART sources; control
measures for one additional EGU stack; and sulfur dioxide
(SO2) emission reductions from States found to be
contributing to the visibility impairment at the New Hampshire Class I
areas. New Hampshire's two subject-to-BART sources are Eversource
Energy (formally Public Service of New Hampshire (PSNH)) Merrimack
Station Unit MK2 and Eversource Energy (formally PSNH) Newington Unit
NT1. Along with the two subject-to-BART units, Eversource Energy
Merrimack Station Unit MK1 was identified as among the top 167 EGUs
contributing to visibility impairment. New Hampshire's 2010 Regional
Haze SIP included control measures for these three units. The 2014
Progress Report confirms the installation and use of flue gas
desulfurization (FGD) for Merrimack Station Units MK1 and MK2; the
implementation of a more stringent SO2 emission limit for
Newington Station; and the implementation of more stringent emission
limits for the existing oxides of nitrogen (NOX) and
particulate emission control technologies in use at Merrimack and
Newington Stations.
In addition, the New Hampshire 2014 Progress Report also includes
the status of SO2 emission reductions from the identified
top 167 EGUs outside of New Hampshire.\5\ The MANE-VU targeted EGU
strategy called for a 90% SO2 reduction from the top
contributing stacks by 2018. New Hampshire reports SO2
scrubbers have already been placed on many of the 167 targeted EGUs,
while other units have seen lower utilization or have been shut down
entirely.
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\5\ Memorandum from NESCAUM to MANE-VU ``Overview of State and
Federal Actions Relative to MANE-VU Asks'' dated March 28, 2013.
http://www.nescaum.org/documents/summary-memo-mane-vu-asks-20130328-final.pdf/.
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EPA proposes that New Hampshire's analysis adequately addresses the
provisions under 40 CFR 51.308(g)(1). The State demonstrates the
implementation of measures within the State, including BART and
targeted SO2 reductions from New Hampshire's three in-state
units that were part of the contributing 167 stacks. In addition, the
Progress Report documents the status of
[[Page 46868]]
requested SO2 reductions from the remaining top 167 stacks
outside of New Hampshire.
The provision under 40 CFR 51.308(g)(2) requires a summary of the
emission reductions achieved in the state through the measures subject
to the requirements under 40 CFR 51.308(g)(1). During the development
of the Regional Haze SIP for the first planning period, MANE-VU and New
Hampshire determined that SO2 was the greatest contributor
to anthropogenic visibility impairment at the State's Class I areas.
Therefore, the bulk of visibility improvement achieved in the first
planning period was expected to result from reductions in
SO2 emissions from sources inside and outside of the State.
Table 6-1 of the 2014 Progress Report details the SO2
emission reduction from the 2002 New Hampshire Regional Haze SIP
baseline to 2013 for not only the targeted Merrimack Station Units MK1
and MK2 and Newington Unit NT1, but all New Hampshire EGUs.\6\ The
targeted EGU units subject to control through the installation of BART
and New Hampshire's LTS show an emission reduction from 35,882 tons
SO2 in 2002 to 1,729 tons SO2 in 2013, a
reduction of 95%. NOX emissions from these same sources were
reduced from 4,776 tons in 2002 to 2,230 tons in 2013, a reduction of
57%. All New Hampshire EGUs combined showed a 92.8% reduction in
SO2 emissions and a 61.3% reduction in
NOXemissions for the same time period.
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\6\ New Hampshire's progress report SIP includes annual unit-
level emissions data for SO2 and NOX from EGUs
from EPA's Clean Air Markets Division (CAMD) for the years 2002 and
2013.
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EPA proposes to find that New Hampshire has adequately addressed
the provision under 40 CFR 51.308(g)(2). New Hampshire has detailed the
SO2 and NOX reduction from the 2002 Regional Haze
baseline to the most recently available year of data at the time of the
development of New Hampshire's Progress Report, 2013. In addition, NH
DES highlighted SO2 and NOX emissions reductions
from all New Hampshire EGUs during this same time period.
The provisions under 40 CFR 51.308(g)(3) require that states with
Class I areas within their borders provide the following information
for the most impaired and least impaired days \7\ for each area, with
values expressed in terms of five-year averages of these annual values:
(1) Current visibility conditions; (2) the difference between current
visibility conditions and baseline visibility conditions; and (3) the
change in visibility impairment over the past five years.
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\7\ The ``most impaired days'' and ``least impaired days'' in
the regional haze rule refer to the average visibility impairment
(measured in deciviews (dv)) for the twenty percent monitored days
in the calendar year with the highest and lowest amount of
visibility impairment, respectively, averaged over a five-year
period. See 40 CFR 51.301. The lower the dv, the better the
visibility in an area.
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New Hampshire is home to two Class I areas, Great Gulf and Dry
River. The Interagency Monitoring of Protected Visual Environments
program (IMPROVE) monitor within Great Gulf is representative of both
New Hampshire Class I areas. In the Progress Report, NH DES provides
the data for the baseline 2000-2004 5-Year Average visibility, the most
recent 2009-2013 5-Year Average visibility, the 2018 RPG from the 2010
Regional Haze SIP, and the calculated visibility improvement. See Table
1.
Table 1--Observed Visibility vs. Established Visibility Goals (Deciviews) for Great Gulf Wilderness Area
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Baseline 2000- Most recent
2004 5-year 2009-2013 5- Visibility 2018 2064 Goal
average year average mprovement Reasonable (natural
visibility visibility progress goal visibility)
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20% Most Impaired Days.......... 22.8 dv 16.7 dv 6.1 dv 19.1 dv 12.0 dv
20% Least Impaired Days......... 7.7 dv 5.9 dv 1.8 dv 7.2 dv 3.7 dv
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The baseline visibility for Great Gulf was 22.8 dv on the 20% most
impaired days and 7.7 dv on the least impaired days. The most recent
five-year average visibility data shows an improvement of 6.1 dv on the
20% most impaired days and 1.8 dv improvement on the 20% least impaired
days. The 2014 Progress Report also demonstrates that the State has
already achieved and surpassed the 2018 RPG for the 20% most impaired
days and ensured no visibility degradation for the 20% least impaired
days for the first planning period.
EPA is proposing to find that New Hampshire provided the required
information regarding visibility conditions to meet the requirements
under 40 CFR 51.308(g)(3), specifically providing baseline visibility
conditions (2000-2004), current conditions based on the most recently
available IMPROVE monitoring data (2009-2013), and the difference
between current visibility conditions and baseline visibility
conditions.
The provisions under 40 CFR 51.308(g)(4) require an analysis
tracking emissions changes of visibility-impairing pollutants from the
state's sources by type or category over the past five years based on
the most recent updated emissions inventory. In its progress report SIP
to address the requirements of 40 CFR 51.308(g)(4), New Hampshire
presents data from statewide emissions inventories developed for the
years 2002, 2007, 2013 (EGUs only), and projected inventories for 2018
for SO2, NOX, PM2.5 and Volatile
Organic Compounds (VOC).8 9 New Hampshire's emissions
inventories include the following source classifications: Point EGUs,
Point Non-EGUs, Area, On-road Mobile, and Non-road Mobile. From 2002
through 2013, New Hampshire's overall EGU (the largest SO2
sector) emissions were reduced from 43,962 tons per year (tpy)
SO2 to 3,167 tpy, surpassing the 2018 projected goal of
10,766 tpy SO2. For NOX, from 2002 to 2007, the
State achieved an overall 13% reduction from 64,625 tpy to 56,110 tpy.
NH DES is projecting an additional 25,000 tpy reduction in
NOX by 2018, mostly from the on-road mobile sector, which
would result in approximately 31,110 tpy NOX in 2018. This
estimate compares well with the 2018 projected goal of 30,369 tpy.
Finally, NH DES indicates that based on the 2007 emission data, the
State has already exceeded the 2018 emission reduction goals for direct
PM2.5 (55% reduction) and VOCs (53% reduction).
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\8\ The 2002 inventory is the MANE-VU V3.3 which is projected to
2018. The 2007 inventory is the MARAMA V3 inventory based on the
2007 National Emission Inventory (NEI). The 2013 inventory was the
most recent year of Clean Air Markets Division (CAMD) inventory data
as reported to EPA.
\9\ Mid-Atlantic Air Management Association (MARAMA) ``Regional
Emissions Trends Analysis for the MANE-VU States Technical Support
Document Revision 3'' dated March 22, 2013. Attachment D of the New
Hampshire 2014 Progress Report.
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[[Page 46869]]
EPA is proposing that New Hampshire has adequately addressed the
provisions under 40 CFR 51.308(g)(4). NH DES compared the most recent
updated emission inventory data available at the time of the
development of the Progress Report with the baseline emissions for the
Regional Haze SIP. The progress report appropriately details the 2007
SO2, NOX, PM2.5 and VOC reductions
achieved, by sector, thus far in the regional haze planning period. In
addition, the State provided the most recent annual EGU SO2
emission data, the sector determined to be the greatest contributor to
visibility impairment at the Class I areas in New Hampshire and Maine.
The provisions under 40 CFR 51.308(g)(5) require an assessment of
any significant changes in anthropogenic emissions within or outside
the state that have occurred over the past five years that have limited
or impeded progress in reducing pollutant emissions and improving
visibility in Class I areas impacted by the state's sources. In its
progress report SIP, New Hampshire states that sulfates continue to be
the biggest single contributor to regional haze at Great Gulf, Dry
River, and Acadia. While New Hampshire mainly focused its analysis on
addressing large SO2 emissions from point sources, the State
did not find any significant changes in NOX and
PM2.5 which might impede or limit progress during the first
planning period. In addition, NH DES cited the 2013 Northeast States
for Coordinated Air Use Management (NESCAUM) report, discussed below,
which indicates that all of the MANE-VU Class I areas are on track to
meet the 2018 visibility goals established by the states in their
Regional Haze SIPs.\10\
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\10\ NESCAUM for MANE-VU, ``Tracking Visibility Progress 2004-
2011,'' revised May 24, 2013. http://www.nescaum.org/documents/manevu-trends-2004-2011-report-final-20130430.pdf/view.
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EPA proposes to conclude that New Hampshire has adequately
addressed the provisions under 40 CFR 51.308(g)(5). The State
adequately demonstrated that there are no significant changes in
emissions of SO2, PM2.5, or NOX within
the state which have impeded progress in reducing emissions and
improving visibility in the Class I areas impacted by New Hampshire
sources.
The provisions under 40 CFR 51.308(g)(6) require an assessment of
whether the current Regional Haze SIP is sufficient to enable the
state, or other states, to meet the RPGs for Class I areas affected by
emissions from the state. In its progress report SIP, NH DES states
that it believes that the elements and strategies relied on in its
original Regional Haze SIP are sufficient to enable New Hampshire and
neighboring states to meet all established RPGs. To support this
conclusion, NH DES notes that 2013 EGU SO2 emissions for the
entire MANE-VU area are already less than the 2018 projection (315,675
tpy versus 365,024 tpy). In addition, New Hampshire discusses
visibility data from Tracking Visibility Progress, 2004-2011, prepared
by NESCAUM, which updated the progress at MANE-VU Class I areas during
the five-year period ending in 2011, including information for the New
Hampshire Class I areas, between 2000 and 2011 in the context of short-
and long-term visibility goals. The report indicates that visibility
impairment on the best and worst days from 2000 through 2011 have
dropped at Great Gulf. New Hampshire notes the NESCAUM report indicates
that all the MANE-VU Class I states continue to be on track to meet
their 2018 RPGs for improved visibility and that further progress may
occur through recently adopted or proposed regulatory programs. Based
upon the NESCAUM report and visibility data, New Hampshire states in
its Progress Report that visibility improvement at Great Gulf, Dry
River, and Acadia has occurred for the most impaired days and no
degradation of visibility has occurred for the least impaired days.
Therefore, New Hampshire finds that Great Gulf, Dry River, and Acadia
are on track to meet the RPGs for 2018 based on the observed visibility
improvement.
EPA proposes to conclude that New Hampshire has adequately
addressed the provisions under 40 CFR 51.308(g)(6). EPA views this
requirement as an assessment that should evaluate emissions and
visibility trends and other readily available information. In its
Progress Report, New Hampshire described the improving visibility
trends detailed in the NESCAUM report and the downward emissions trends
in key pollutants in the State and the MANE-VU region. With a focus on
SO2 emissions from New Hampshire EGUs, New Hampshire
determined that the State's Regional Haze SIP is sufficient for the two
Class I areas within the state and the Class I area outside the state
impacted by the state's emissions (Acadia) to meet their RPGs.
The provisions under 40 CFR 51.308(g)(7) require a review of the
state's visibility monitoring strategy and an assessment of whether any
modifications to the monitoring strategy are necessary. New Hampshire's
visibility monitoring strategy relies upon participation in the IMPROVE
network. The IMPROVE monitor at the Great Gulf area is located
approximately 1 mile east of the wilderness boundary and also serves as
the monitor for the Dry River area whose northern most limit lies only
5 miles southwest of the monitor location. NH DES finds that there is
no indication of a need for additional monitoring sites or equipment.
EPA proposes to find that New Hampshire has adequately addressed
the provisions under 40 CFR 51.308(g)(7) by reviewing the state's
visibility monitoring strategy and assessing whether any modifications
to the monitoring strategy are necessary.
B. Determination of Adequacy of Existing Regional Haze Plan
Under 40 CFR 51.308(h), states are required to take one of four
possible actions based on the information gathered and conclusions made
in the progress report SIP. In its progress report SIP, New Hampshire
took the action provided for by the provisions under 40 CFR
51.308(h)(1), which allow a state to submit a negative declaration to
EPA.
In the 2014 SIP submittal, New Hampshire determined that the
existing Regional Haze SIP requires no further substantive revision at
this time to achieve the RPGs for Class I areas affected by the state's
sources. The basis for the State's negative declaration is the finding
that visibility has improved at all Class I areas in the MANE-VU
region. In addition, SO2 emissions from the State's EGUs
have decreased beyond the original 2018 projections. While
NOX reductions have yet to fully meet the 2018 projections,
additional substantial NOX emission reductions are expected
from the mobile sector over the next several years. Finally, New
Hampshire expects the downward trend in SO2 emissions from
EGUs in the other MANE-VU states to continue through 2018.
EPA proposes to conclude that New Hampshire has adequately
addressed the provisions under 40 CFR 51.308(h) because the visibility
and emission trends indicate that the Great Gulf and Dry River Areas,
in addition to Acadia which is the Class I area impacted by New
Hampshire sources, will be able to meet or exceed the RPGs for 2018.
C. Revised Env-A 2302.02 Emission Standards Applicable to Tangential-
Firing, Dry-Bottom Boilers
On August 22, 2012, EPA approved New Hampshire's Env-A 2300
Mitigation of Regional Haze into New
[[Page 46870]]
Hampshire's SIP. See 77 FR 50602. Env-A 2300 is the New Hampshire
regulation which establishes the emission limits associated with
control measures adopted through the Regional Haze process. In the New
Hampshire 2010 Regional Haze SIP, the current use of an Electrostatic
Precipitator on Newington Station Unit NT1 \11\ represented BART for
particulate control. At the time of EPA's approval, a single available
stack test yielded a controlled TSP rate in the vicinity of 0.06 pounds
TSP per million British thermal units (lb TSP/MMBtu) and was used to
establish the TSP limit for NT1. However, the facility's Title V
operating permit required that a compliance stack test for particulate
matter be performed and the permit limit be amended, as appropriate,
based on the results of the test. Subsequent stack testing demonstrated
that 0.04 lb TSP/MMbtu is a more appropriate emission limit. Revised
Env-A 2302.02, which was included in New Hampshire's December 16, 2014
SIP submittal, reduces the TSP emission limit for Newington NT1 from
0.06 lb TSP/MMbtu to 0.04 lb TSP/MMbtu.
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\11\ PSNH Newington Station Unit NT1 is the only Tangential-
Firing, Dry-Bottom Boiler in New Hampshire.
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EPA is proposing to find that New Hampshire's revised Env-A 2302.02
strengthens the existing SIP and is therefore proposing to approve, and
incorporate into the New Hampshire SIP, revised Env-A 2302.02.
EPA is soliciting public comments on the issues discussed in this
notice or on other relevant matters. These comments will be considered
before taking final action. Interested parties may participate in the
Federal rulemaking procedure by submitting written comments to the EPA
New England Regional Office listed in the ADDRESSES section of this
Federal Register.
IV. Proposed Action
EPA is proposing to approve New Hampshire's December 16, 2014
Regional Haze 5-Year Progress Report as meeting the requirements of 40
CFR 51.308(g) and (h). In addition, EPA is proposing to approve, and
incorporate into the New Hampshire SIP, New Hampshire's revised section
Env-A 2302.02 Emission Standards Applicable to Tangential-Firing, Dry
Bottom Boilers.
V. Incorporation by Reference
In this rulemaking, 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 revised Env-A 2302.02 Emission
Standards Applicable to Tangential-Firing, Dry-Bottom Boilers,
effective November 22, 2014. The EPA has made, and will continue to
make, these documents generally available electronically through http://www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).
VI. 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 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 Orders12866 (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).
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, Regional Haze, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 6, 2016.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2016-17063 Filed 7-18-16; 8:45 am]
BILLING CODE 6560-50-P