[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Rules and Regulations]
[Pages 24057-24062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09536]
[[Page 24057]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2017-0102 and EPA-R01-OAR-2016-0758; FRL-9962-01-Region 1]
Air Plan Approval; NH; Nonattainment New Source Review and
Prevention of Significant Deterioration Permit Program Revisions;
Public Hearing Revisions for State Permitting Programs; Withdrawal of
Permit Fee Program; Infrastructure Provisions for National Ambient Air
Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule and correcting amendment.
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SUMMARY: The Environmental Protection Agency (EPA) is approving several
different State Implementation Plan (SIP) revisions submitted to EPA by
the New Hampshire Department of Environmental Services (NHDES). New
Hampshire submitted to EPA on October 26, 2016, revisions satisfying
the NHDES's earlier commitment to adopt and submit provisions that meet
certain requirements of the federal Prevention of Significant
Deterioration (PSD) and Nonattainment New Source Review (NNSR) air
permit program regulations. This action will convert to full approval
EPA's September 25, 2015 conditional approval of New Hampshire's PSD
and NNSR permit programs. This action also will approve NHDES's SIP
revisions relating to several New Hampshire infrastructure SIPs, which
were conditionally approved by EPA on December 16, 2015 and July 8,
2016.
Additionally, EPA is also approving: A January 31, 2017 SIP
revision amending the public notice and hearing procedures for New
Hampshire's NNSR, PSD, and minor NSR permit programs; a January 18,
2017 SIP revision withdrawing the State SIP's permit fee system; and a
November 17, 2015 SIP revision that addresses the good neighbor
provisions of New Hampshire's infrastructure SIP for the 2010 nitrogen
oxide (NO2) national ambient air quality standard (NAAQS).
This action is being taken in accordance with the Clean Air Act (CAA).
Lastly, EPA issued a correcting amendment in the Federal Register
on May 5, 2017. An error occurred in an amendatory instruction and the
table entry for ``Infrastructure SIP for the 2010 SO2
NAAQS'' could not be incorporated into the CFR. The EPA is correcting
that error.
DATES: The correcting amendment is effective May 25, 2017. This direct
final rule is effective July 24, 2017, unless EPA receives adverse
comments by June 26, 2017. If adverse comments are received, EPA will
publish a timely withdrawal of the direct final rule in the Federal
Register informing the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2017-0102 and EPA-R01-OAR-2016-0758 at https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Ida E. McDonnell, Manager, Air
Permits, Toxics, and Indoor Programs Unit, Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square, Suite 100, (OEP05-2), Boston, MA
02109-3912, phone number (617) 918-1653, fax number (617) 918-0653,
email [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. New Hampshire's October 26, 2106 SIP Submittal Addressing EPA's
September 25, 2015, December 16, 2015, and July 8, 2016 Conditional
Approvals Regarding Env-A 600
A. What is the background information for EPA's September 25,
2015, December 16, 2015, and July 8, 2016 conditional approvals?
B. What is a conditional approval?
C. What are the terms of the September 25, 2015, December 16,
2015, and July 8, 2016 conditional approvals?
D. Were the terms of the September 25, 2015, December 16, 2015,
and July 8, 2016 conditional approvals met?
E. Other Revisions to Env-A 600.
II. Approval of New Hampshire's January 31, 2017 SIP Submittal
Revising the Notice and Hearing Procedures for the State's NNSR,
PSD, and Minor NSR Permit Programs
III. Approval of New Hampshire's January 18, 2017 SIP Submittal
Withdrawing Env-A 700 Permit Fee System From SIP-Approved
Regulations
IV. Approval of New Hampshire's November 17, 2015 SIP Submittal
Addressing the 2010 NO2 NAAQS Infrastructure SIP
Requirements Under Section 110(a)(2)(D)(i)(I) of the CAA
A. What is the background information for New Hampshire's
November 17, 2015 SIP submittal?
B. What is required under Section 110(a)(2)(D)(i)(I)?
C. How did New Hampshire meet these requirements for the 2010
NO2 NAAQS?
V. Final Action.
A. Full Approval of EPA's September 25, 2015, December 16, 2015,
and July 8, 2016 Conditional Approvals
B. Approval of New Hampshire's January 31, 2017 SIP Submittal
Revising the Notice and Hearing Procedures for the State's NNSR and
PSD Permit Programs and Minor NSR Permit Program
C. Approval of New Hampshire's January 18, 2017 SIP Submittal
Withdrawing Env-A 700 Permit Fee System From SIP-Approved
Regulations
D. Approval of New Hampshire's November 17, 2015 SIP Submittal
Addressing the 2010 NO2 NAAQS Infrastructure SIP
Requirements Under Section 110(a)(2)(D)(i)(I) of the CAA
E. Rationale for Direct Final Rulemaking
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. New Hampshire's October 26, 2016 SIP Submittal Addressing EPA's
September 25, 2015, December 16, 2015, and July 8, 2016 Conditional
Approvals Regarding Env-A 600
A. What is the background information for EPA's September 25, 2015,
December 16, 2015 and July 8, 2016 conditional approvals?
On September 25, 2015, EPA published a final conditional approval
for NHDES's November 15, 2012 SIP revision. See 80 FR 57722. That
conditional approval identified three provisions required under Federal
PSD and NNSR program regulations that were not included in the State's
November 15, 2012 SIP submittal.
On December 16, 2015 and July 8, 2016, EPA published final
conditional
[[Page 24058]]
approvals of several of New Hampshire's infrastructure SIP revisions,
i.e., those for the 2008 ozone NAAQS, the 2008 lead NAAQS, the 2010
NO2 NAAQS, the 2010 SO2 NAAQS, the 1997
PM2.5 NAAQS and the 2006 PM2.5 NAAQS. These
conditional approvals identified one of the same provisions that was
not included in the State's November 15, 2012 SIP submittal, i.e.,
notice of major source permits to affected states and Indian Governing
bodies. See 80 FR 78135 and 81 FR 44542.
B. What is a conditional approval?
Under section 110(k)(4) of the CAA, EPA may conditionally approve a
plan based on a commitment from the State to adopt specific enforceable
measures by a date certain no later than one year from the effective
date of final conditional approval. If the EPA subsequently determines
that the State has met its commitment, EPA publishes a document in the
Federal Register notifying the public that EPA is converting the
conditional approval to a full approval.
However, if the State fails to meet its commitment in a timely
manner, then the conditional approval automatically converts to a
disapproval by operation of law without further action required by EPA.
If that were to occur, EPA would then notify the State by letter. At
that time, the conditionally approved SIP revisions would not be part
of the State's approved SIP. EPA subsequently would publish a document
in the Federal Register notifying the public that the conditional
approval automatically converted to a disapproval.
C. What are the terms of the September 25, 2015, December 16, 2015, and
July 8, 2016 conditional approvals?
EPA's September 25, 2015 conditional approval required the NHDES to
submit revised regulations that address three separate provisions of
EPA's PSD and NNSR program regulations that were not included in the
State's November 15, 2012 SIP submittal. To address the conditional
approval, on October 26, 2016, the NHDES submitted regulatory
provisions for approval into the State's SIP. The three provisions
include the following:
40 CFR 51.165(a)(5)(i), which notifies any owner or
operator that approval to construct shall not relieve them of the
responsibility to comply fully with applicable provisions of the plan
and any other requirements under local, State or Federal law;
40 CFR 51.165(a)(6) and (7), which require additional
record keeping and other requirements applicable at major stationary
sources for projects that are not major modifications based on the
required actual-to-projected actual test, but which have a ``reasonable
possibility'' of resulting in a significant emission increase; and
40 CFR 51.166(q)(2)(iv), which requires notice of a draft
PSD permit to be sent to, among other entities, state air agencies and
Indian Governing bodies whose lands may be affected by emissions from
the permitted source. Only the references to ``state air agencies'' and
``Indian Governing bodies'' were missing from New Hampshire's
regulatory provision.
With respect to the issue noted previously relating to the State's
obligation to provide notice to states and Indian governing bodies,
EPA's December 16, 2015 conditional approval and July 8, 2016
conditional approval, applicable to the State's infrastructure SIPs
(identified earlier in this action), both required the NHDES to address
the requirements of CAA sections 110(a)(2)(C), (D) and (J) as they
relate to the NHDES's obligation to send notice of draft PSD permits to
other state air agencies and Indian Governing bodies whose lands may be
affected by emissions from the permitted source, as required under 40
CFR 51.166(q)(2)(iv). The NHDES regulatory provisions submitted to EPA
on October 26, 2016 also properly addressed these infrastructure SIP
conditional approvals.
D. Were the terms of the September 25, 2015, December 16, 2015, and
July 8, 2016 conditional approvals met?
As noted previously, on October 26, 2016, the NHDES submitted to
EPA the three provisions identified in the September 25, 2015
conditional approval. EPA reviewed the three provisions and found they
met the terms of the September 25, 2015 conditional approval.
Accordingly, EPA is converting the September 25, 2015 conditional
approval to a full approval. Also, as noted previously, because the
October 26, 2016 submittal included provisions that met the terms of
the December 16, 2015 and July 8, 2016 infrastructure conditional
approvals, EPA is also converting the December 16, 2015 and July 8,
2016 conditional approvals to full approvals.
EPA provided an analysis of its approval of the three regulatory
provisions in question in a technical support document (TSD), which is
included in the docket and administrative record for this action.
E. Other Revisions to Env-A 600
NHDES's October 26, 2016 submittal also contained revisions to Env-
A 618.01 and Env-A 619, for the purpose of updating to July 1, 2016 the
incorporation by reference date used in the New Hampshire's regulations
implementing 40 CFR 51.165 and 40 CFR 52.21. New Hampshire also
requested in its October 26, 2016 SIP submittal that EPA remove from
the New Hampshire SIP sections Env-A 619.03(c)(2) and (c)(3). By
removing sections Env-A 619.03(c)(2) and (c)(3), New Hampshire's SIP-
approved definitions of ``allowable emissions'' and ``potential to
emit'' are now identical to EPA's definitions of those terms in 40 CFR
52.21 (as of July 1, 2016). The changes to these two definitions
satisfies CAA section 110(l) because simply including the notion of
federal enforceability into these definitions will not interfere with
any applicable requirement concerning attainment of a NAAQS or
reasonable further progress (as defined by the CAA) or any other
applicable CAA requirement. Additionally, the State's October 26, 2016
submittal included a change to Env-A 619.07(d) so that the State
regulations now correctly identify the proper citation for the public
notice requirements relating to PSD permits.
II. Approval of New Hampshire's January 31, 2017 SIP Submittal Revising
the Notice and Hearing Procedures for the State's NNSR, PSD, and Minor
NSR Permit Programs
On January 31, 2017, New Hampshire submitted SIP revisions to Env-A
621, Permit Notice and Hearing Procedures: Temporary Permits and
Permits to Operate. Env-A 621 establishes the public notice
requirements for the State's NNSR, PSD and minor NSR permit programs,
and replaces the current SIP-approved public notice requirements under
Env-A 205, Public Notice and Hearing Procedures. The SIP revisions
include provisions that render New Hampshire's PSD program's public
notice requirements consistent with the Federal SIP-approved PSD
program's public notice requirements under 40 CFR 51.166(q). The SIP
revisions also render New Hampshire's NNSR permit program's public
notice requirements consistent with the public notice requirements
under 40 CFR 51.166(q), even though the applicable Federal rules only
require SIP-approved NNSR permit programs to meet the less prescriptive
air permit program public notice requirements under 40 CFR 51.161.
Since the public notice requirements under 40 CFR 51.166(q)
[[Page 24059]]
are more comprehensive than 40 CFR 51.161, New Hampshire's revisions to
the public notice requirements of its NNSR permit programs are fully
approvable. Finally, New Hampshire's revisions to the public notice
requirements applicable to its minor NSR permit program are consistent
with 40 CFR 51.161. The minor NSR permit program consists of those
federal permit rules that apply to new or modified emission units with
emission increases below the PSD and NNSR program applicability
threshold levels. Since the provisions of Env-A 621 are replacing and
thus supersede the current SIP-approved public notice requirements
under Env-A 205, Public Notice and Hearing Procedures, NHDES requested
that EPA remove Env-A 205 from the SIP.
EPA has provided an analysis of these amendments in the TSD
document which is included in the docket and administrative record for
this action.
III. Approval of New Hampshire's January 18, 2017 SIP Submittal
Withdrawing Env-A 700 Permit Fee System From SIP-Approved Regulations
On January 18, 2017, the NHDES submitted to EPA a SIP revision
requesting the withdrawal of Env-A 700 Permit Fee system from the New
Hampshire SIP. EPA is approving this revision on the grounds that it is
consistent with the CAA Amendments of 1990 at section 110(a)(2)(L).
That section of the CAA requires SIPs to contain permit fee programs
which sufficiently cover the cost of SIP-approved major source
permitting programs, i.e., NNSR and PSD. Section 110(a)(2)(L) further
states that the SIP requirement for a permit fee system may be
superseded if a state's fee program under subchapter V of the CAA
Amendments (colloquially referred to as the title V operating permit
program) is applicable to the same sources and is approved by the
Administrator. New Hampshire's title V operating permit program
received interim approval in 1996 and full approval in 2001. In EPA's
proposed interim approval, we stated that ``. . .New Hampshire has
demonstrated that the state is collecting sufficient permit fees to
meet EPA's [title V operating permitting program requirements].'' See
61 FR 42225 (August 14, 1996). Furthermore, New Hampshire's title V
operating permit program covers the same sources as the SIP-approved
major source permitting programs.
IV. Approval of New Hampshire's November 17, 2015 SIP Submittal
Addressing the 2010 NO2 NAAQS Infrastructure SIP
Requirements Under Section 110(a)(2)(D)(i)(I) of the CAA
A. What is the background information for New Hampshire's November 17,
2015 SIP submittal?
On November 17, 2015, NHDES submitted to EPA as a SIP revision its
``Amendment to New Hampshire [sic] 2008 Ozone 8-hour and 2010 Nitrogen
Dioxide 1-hour NAAQS Infrastructure SIPs to Address the Good Neighbor
Requirements of Clean Air Act Section 110(a)(2)(D)(i)(I).'' EPA
approved this submittal with respect to the 2008 ozone NAAQS on October
13, 2016 (81 FR 70631). Our evaluation of the submittal with respect to
the 2010 NO2 standard is discussed later in this preamble.
B. What is required under section 110(a)(2)(D(i)(I)?
Section 110(a)(2)(D)(i)(I) of the CAA, known as the ``good neighbor
provision,'' requires each state to include ``adequate provisions'' in
its SIP prohibiting ``any source or other type of emissions activity
within the State from emitting any air pollutant in amounts which will
contribute significantly to nonattainment in, or interfere with
maintenance by, any other State with respect to any [national ambient
air quality standard].'' 42 U.S.C. 7410(a)(2)(D)(i)(I). New Hampshire
was required to address these provisions for the 2010 NO2
NAAQS.
C. How did New Hampshire meet these requirements for the 2010
NO2 NAAQS?
New Hampshire's infrastructure SIP submission to address the good
neighbor requirements of CAA section 110(a)(2)(D)(i)(I) notes that on
January 20, 2012, EPA designated all areas of the country as
``unclassifiable/attainment'' for the 2010 NO2 NAAQS. EPA
did this because design values (DVs) for the 2008-2010 period at all
monitored sites met the NAAQS. Measurements from 2013-2015 indicate
continued attainment of the 2010 NO2 NAAQS throughout the
country. New Hampshire currently operates one NO2 monitor
located in Londonderry. The DV is based on the 3-year average of the
98th percentile of the yearly distribution of 1-hour daily maximum
concentrations. The 98th percentile in 2014 and 2015 were 25.3 and 22.7
parts per billion (ppb), respectively. (The State has insufficient data
to determine the DV for the entire period from 2013 through 2015 due to
the lack of data capture in 2013.) The values from 2014 and 2015,
however, are significantly less than the national ambient air quality
standard for NO2, which is 100 ppb. However, the absence of
a violating ambient air quality monitor within the State is
insufficient by itself to demonstrate that New Hampshire has met its
interstate transport obligation. While the DV may help to assist in
characterizing air quality within New Hampshire, section
110(a)(2)(D)(i)(I) specifically addresses the effects that sources
within New Hampshire have on air quality in neighboring states.
Therefore, an evaluation and analysis of DV's in neighboring states is
appropriate.
Table I contains the highest NO2 design values for the
three states neighboring New Hampshire, i.e., Maine, Vermont, and
Massachusetts.
Table 1--Highest NO2 Design Values in PPB for AQS Monitors in Massachusetts, Vermont, and Maine
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AQS monitor Design value
State site Monitor location (2013-2015)
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Maine......................................... 23-003-1100 Presque Isle.................... 20
Massachusetts *............................... 25-025-0002 Boston.......................... 51
Vermont....................................... 500210002 Rutland......................... 37
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* There were three monitoring sites with DV of 51 ppb in Massachusetts. Two were in Boston and one was in
Worcester.
As shown by the Table 1 chart in this preamble, the highest
NO2 design value in each neighboring state is significantly
less than the NO2 NAAQS. As a result, EPA finds that sources
or emissions activity from within New Hampshire will not interfere with
other states' ability to attain and maintain the 2010 NO2
NAAQS.
The New Hampshire submittal notes that New Hampshire nitrogen
oxides (NOX) emissions have been declining, with total
statewide NOX emissions dropping from 69,836 tons in 2002 to
[[Page 24060]]
37,292 tons in 2011. In 2014, statewide NOX emissions were
36,014 tons. Our review of NOX emissions data from New
Hampshire sources, which New Hampshire has entered into the EPA
National Emissions Inventory database, confirms this emission data. In
light of the analysis, EPA is approving New Hampshire's infrastructure
submittal for the 2010 NO2 NAAQS as it pertains to section
110(a)(2)(D)(i)(I) of the CAA.
V. Final Action
A. Full Approval of EPA's September 25, 2015, December 16, 2015, and
July 8, 2016 Conditional Approvals
EPA is approving the PSD and NNSR permitting program provisions
included in NHDES's October 22, 2016 SIP submittal and is converting
the September 25, 2015 conditional approval to a full approval. EPA is
also converting the December 16, 2015 and July 8, 2016 conditional
approvals relating to New Hampshire's infrastructure SIPs\1\ for the
2008 ozone, 2008 Lead, 2010 SO2, 2010 NO2, 1997
PM2.5, and the 2006 PM2.5 NAAQS, to a full
approval.
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\1\ Specifically, the State's SIP revision submission addressed
the public notice requirements discussed earlier in this action.
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B. Approval of New Hampshire's January 31, 2017 SIP Submittal Revising
the Notice and Hearing Procedures for the State's NNSR and PSD Permit
Programs and Minor NSR Permit Program
EPA is approving into the New Hampshire SIP Env-A 621, Permit
Notice and Hearing Procedures: Temporary permits and Permits to Operate
submitted on January 31, 2017. In addition, since the provisions under
Env-A 621 supersede the current SIP-approved public hearing provisions
under Env-A 205 Public Notice and Hearing Procedures, EPA is removing
Env-A 205 in its entirety from the SIP. Because the requirements of
Env-621 are no less stringent that the requirements of Env-A 205, this
SIP revision also meets section 110(l) of the CAA.
C. Approval of New Hampshire's January 18, 2017 SIP Submittal
Withdrawing Env-A 700 Permit Fee System From SIP-Approved Regulations
EPA is approving NHDES's January 18, 2017 submittal requesting
withdrawal of Env-A 700 Permit Fee System from the New Hampshire SIP.
EPA finds that the New Hampshire SIP revision is consistent with the
requirements of section 110(a)(2)(L) of the CAA, as described earlier
in this action. EPA is therefore removing Env-A 700 in its entirety
from the SIP in light of the State's title V operating permit program
fee requirements.
D. Approval of New Hampshire's November 17, 2015 SIP Submittal
Addressing the 2010 NO2 NAAQS Infrastructure SIP
Requirements Under Section 110(a)(2)(D)(i)(I) of the CAA
EPA is approving NHDES's November 17, 2015 submittal that addresses
the infrastructure SIP requirements under Section 110(a)(2)(D)(i)(I)
for the 2010 NO2 NAAQS. The analysis provided in the
submittal shows that: (1) NO2 concentrations in New
Hampshire are significantly below the 2010 NO2 NAAQS; (2)
NOX emissions within New Hampshire continue to decrease over
time; and (3) sources of NOX emissions, or other types of
emissions activity, in New Hampshire do not contribute significantly to
nonattainment in, or interfere with maintenance by, any other State
with respect to the NO2 NAAQS.
E. Rationale for Direct Final Rulemaking
EPA is publishing these actions without prior proposal because the
Agency views these as noncontroversial amendments and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revisions should
relevant adverse comments be filed. This rule will be effective July
24, 2017 without further notice unless the Agency receives relevant
adverse comments by June 26, 2017.
If the EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on July 24, 2017 and no further action will be
taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
VI. 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 Env-A 618, Env-A 619.03, Env-A 619.07, and Env-A 621
(except for Env-A 621.10) and the removal of Env-A 205 and Env-A 700
described in the amendments to 40 CFR part 52 set forth below. The EPA
has made, and will continue to make, these materials generally
available through www.regulations.gov, and/or at the EPA Region 1
Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).
VII. 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);
[[Page 24061]]
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).
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 July 24, 2017. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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: April 19, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
Correction
In final rule FR Doc. 2017-09028, published in the issue of Friday,
May 5, 2017 (82 FR 21123), make the following correction:
On page 21123, in the third column, remove amendatory instruction
2.
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
Sec. 52.1519 [Amended]
0
2. Section 52.1519 is amended by removing and reserving paragraphs
(a)(5) through (11).
0
3. Section 52.1520 is amended by:
0
a. In the table in paragraph (c):
0
i. Revising the entries for ``Env-A 200'' and ``Env-A 600''; and
0
ii. Removing the entry for ``Env-A 700''; and
0
b. In the table in paragraph (e):
0
i. Revising the entries ``Infrastructure SIP for 2008 ozone NAAQS'',
``Infrastructure SIP for the 2008 Lead NAAQS'', ``Infrastructure SIP
for the 2010 NO2 NAAQS'', ``Infrastructure SIP for the 1997
PM2.5 NAAQS'', and ``Infrastructure SIP for 2006
PM2.5 NAAQS'';
0
ii. Adding the entry ``Infrastructure SIP for the 2010 SO2
NAAQS'' after the entry ``Infrastructure SIP for the 2010
NO2 NAAQS''; and
0
iii. Adding an entry for ``Transport SIP for the 2010 NO2
Standard'' at the end of the table.
The revisions and additions reads as follows:
Sec. 52.1520 Identification of plan.
* * * * *
(c) * * *
EPA-Approved New Hampshire Regulations
----------------------------------------------------------------------------------------------------------------
State EPA approval date
State citation Title/subject effective date \1\ Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Env-A 200...................... Permit Notice and .............. 5/25/17 [Insert Removal of Env-A 205
Hearing Federal Register from SIP
Procedures. citation].
* * * * * * *
* * * * * * *
Env-A 600...................... Statewide Permit 10/22/16 5/25/17 [Insert Revisions to Env-A
System. Federal Register 618.01, 618.02(c), Env-
citation]. A 618.04(b), Env-A
618.04(d), Env-A
619.03(c), 619.07 and
Env-A 621(except for
621.10)
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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.
[[Page 24062]]
* * * * *
(e) * * *
New Hampshire NonRegulatory
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of nonregulatory SIP geographic or submittal date/ EPA approved date Explanations
provision nonattainment area effective date \ 3\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure SIP for 2008 Statewide......... 12/31/2012 5/25/2017 [Insert Items that were
ozone NAAQS. Federal Register conditionally approved
citation]. on 12/16/15 are now
fully approved.
Infrastructure SIP for the 2008 Statewide......... 11/7/2011 5/25/2017 [Insert Items that were
Lead NAAQS. Federal Register conditionally approved
citation]. on 12/16/15 are now
fully approved.
Infrastructure SIP for the 2010 Statewide......... 1/28/2013 5/25/2017 [Insert Items that were
NO2 NAAQS. Federal Register conditionally approved
citation]. on 12/16/15 are now
fully approved.
Infrastructure SIP for the 2010 Statewide......... 7/13/2013 5/25/2017 [Insert Items that were
SO2 NAAQS. Federal Register conditionally approved
citation]. on 7/8/2016 are now
fully approved.
Infrastructure SIP for the 1997 Statewide......... 7/3/2012 5/25/2017 [Insert Items that were
PM2.5 NAAQS. Federal Register conditionally approved
citation]. on 12/16/15 are now
fully approved.
Infrastructure SIP for 2006 Statewide......... 9/18/2009 5/25/2017 [Insert Items that were
PM2.5 NAAQS. Federal Register conditionally approved
citation]. on 12/16/15 are now
fully approved.
* * * * * * *
Transport SIP for the 2010 NO2 Statewide......... 11/17/2015 5/25/2017 [Insert .......................
Standard. Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
\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. 2017-09536 Filed 5-24-17; 8:45 am]
BILLING CODE 6560-50-P