Approval and Promulgation of Air Quality Implementation Plans; Revised Format for Materials Being Incorporated by Reference for New Hampshire, 50118-50129 [E9-23472]
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Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations
being regulated under section 111 or
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[FR Doc. E9–23503 Filed 9–29–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[NH–041–7013a; A–1–FRL–8955–9]
Approval and Promulgation of Air
Quality Implementation Plans; Revised
Format for Materials Being
Incorporated by Reference for New
Hampshire
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of
administrative change.
SUMMARY: EPA is revising the format of
its regulations for materials submitted
by the State of New Hampshire that are
incorporated by reference (IBR) into its
State Implementation Plan (SIP). The
regulations affected by this format
change have all been previously
submitted by New Hampshire and
approved by EPA.
DATES: Effective Date: This rule is
effective on September 30, 2009.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, One
Congress Street, Suite 1100, 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 to 4:30,
excluding legal holidays.
An electronic copy of the New
Hampshire regulations we have
approved for incorporation into the SIP
are also available by accessing https://
www.epa.gov/ne/topics/air/sips.html. A
hard copy of the regulatory and sourcespecific portions of the compilation will
also be maintained at the Air and
Radiation Docket and Information
Center, EPA West Building, Room 3334,
1301 Constitution Ave., NW.,
Washington, DC 20460 and the National
Archives and Records Administration
(NARA). If you wish to obtain materials
from a docket in the EPA Headquarters
Library, please call the Office of Air and
Radiation (OAR) Docket/Telephone
number (202) 566–1742. For
information on the availability of this
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material at NARA, call (202) 741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
FOR FURTHER INFORMATION CONTACT:
Donald O. Cooke, Air Quality Planning
Unit, U.S. Environmental Protection
Agency, EPA New England Regional
Office, One Congress Street, Suite 1100
(CAQ), Boston, MA 02114–2023,
telephone number (617) 918–1668, fax
number (617) 918–0668, e-mail
cooke.donald@epa.gov.
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. Change of IBR Format
A. Description of a SIP
B. How EPA Enforces the SIP
C. How the State and EPA Update the SIP
D. How EPA Compiles the SIP
E. How EPA Organizes the SIP Compilation
F. Where You Can Find a Copy of the SIP
Compilation
G. The Format of the New Identification of
Plan Section
H. When a SIP Revision Becomes Federally
Enforceable
I. The Historical Record of SIP Revision
Approvals
II. What EPA Is Doing in This Action
III. Good Cause Exemption
IV. Statutory and Executive Order Reviews
A. General Requirements
B. Submission to Congress and the
Comptroller General
C. Petitions for Judicial Review
I. Change of IBR Format
This format revision will affect the
‘‘Identification of plan’’ section of 40
CFR part 52, as well as the format of the
SIP materials that will be available for
public inspection at the National
Archives and Records Administration
(NARA); the Air and Radiation Docket
and Information Center located at EPA
Headquarters in Washington, DC, and
the EPA New England Regional Office.
A. Description of a SIP
Each state has a SIP containing the
control measures and strategies used to
attain and maintain the national
ambient air quality standards (NAAQS)
and achieve certain other Clean Air Act
(Act) requirements (e.g., visibility
requirements and prevention of
significant deterioration). The SIP is
extensive, containing such elements as
air pollution control regulations,
emission inventories, monitoring
network descriptions, attainment
demonstrations, and enforcement
mechanisms.
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B. How EPA Enforces the SIP
Each SIP revision submitted by New
Hampshire must be adopted at the state
level after undergoing reasonable notice
and opportunity for public comment.
SIPs submitted to EPA to attain or
maintain the NAAQS must include
enforceable emission limitations and
other control measures, schedules and
timetables for compliance.
EPA evaluates submitted SIPs to
determine if they meet the Act’s
requirements. If a SIP meets the Act’s
requirements, EPA will approve the SIP.
EPA’s notice of approval is published in
the Federal Register and the approval is
then codified in the Code of Federal
Regulations (CFR) at 40 CFR part 52.
Once EPA approves a SIP, it is
enforceable by EPA and citizens in
Federal district court.
We do not reproduce in 40 CFR part
52 the full text of the New Hampshire
regulations that we have approved;
instead, we incorporate them by
reference (‘‘IBR’’). We approve a given
state regulation with a specific effective
date and then refer the public to the
location(s) of the full text version of the
state regulation(s) should they want to
know which measures are contained in
a given SIP (see ‘‘I.F. Where You Can
Find a Copy of the SIP Compilation’’).
C. How the State and EPA Update 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, EPA
from time to time must take action on
SIP revisions containing new and/or
revised regulations.
On May 22, 1997 (62 FR 27968), EPA
announced revised procedures for
incorporating by reference federally
approved SIPs. The procedures
announced included: (1) A new process
for incorporating by reference material
submitted by states into compilations
and a process for updating those
compilations on roughly an annual
basis; (2) a revised mechanism for
announcing EPA approval of revisions
to an applicable SIP and updating both
the compilations and the CFR; and (3)
a revised format for the ‘‘Identification
of plan’’ sections for each applicable
subpart to reflect these revised IBR
procedures.
D. How EPA Compiles the SIP
We have organized into a compilation
the federally-approved regulations,
source-specific requirements and
nonregulatory provisions we have
approved into the SIP. We maintain
hard copies of the compilation in
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binders and we primarily update these
binders on an annual basis.
E. How EPA Organizes the SIP
Compilation
Each compilation contains three parts.
Part one contains the state regulations,
part two contains the source-specific
requirements that have been approved
as part of the SIP (if any), and part three
contains nonregulatory provisions that
we have approved. Each compilation
contains a table of identifying
information for each regulation, each
source-specific requirement, and each
nonregulatory provision. The state
effective dates in the tables indicate the
date of the most recent revision to a
particular regulation. The table of
identifying information in the
compilation corresponds to the table of
contents published in 40 CFR part 52 for
the state. The EPA Regional Offices have
the primary responsibility for ensuring
accuracy and updating the
compilations.
F. Where You Can Find a Copy of the
SIP Compilation
EPA New England developed and will
maintain a hard copy of the compilation
for New Hampshire. An electronic copy
of the New Hampshire regulations we
have approved are available on the
following Web site: https://www.epa.gov/
ne/topics/air/sips.html. A hard copy of
the regulatory and source-specific
portions of the compilation will also be
maintained at the Air and Radiation
Docket and Information Center, EPA
West Building, Room 3334, 1301
Constitution Ave., NW., Washington,
DC 20460; and National Archives and
Records Administration (NARA). If you
wish to obtain materials from a docket
in the EPA Headquarters Library, please
call the Office of Air and Radiation
(OAR) Docket/Telephone number (202)
566–1742. For information on the
availability of this material at NARA,
call (202) 741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
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G. The Format of the New Identification
of Plan Section
In order to better serve the public,
EPA has revised the organization of the
‘‘Identification of plan’’ section in 40
CFR part 52 and included additional
information to clarify the elements of
the SIP.
The revised Identification of plan
section for New Hampshire contains five
subsections:
1. Purpose and scope (see 40 CFR
52.1520(a));
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2. Incorporation by reference (see 40
CFR 52.1520(b));
3. EPA-approved regulations (see 40
CFR 52.1520(c));
4. EPA-approved source-specific
requirements (see 40 CFR 52.1520(d));
and
5. EPA-approved nonregulatory
provisions such as transportation
control measures, statutory provisions,
monitoring networks, etc. (see 40 CFR
52.1520(e)).
H. When a SIP Revision Becomes
Federally Enforceable
All revisions to the applicable SIP are
federally enforceable as of the effective
date of EPA’s approval of the respective
revisions. In general, SIP revisions
become effective 30 to 60 days after
publication of EPA’s SIP approval
action in the Federal Register. In
specific cases, a SIP revision action may
become effective less than 30 days or
greater than 60 days after the Federal
Register publication date. In order to
determine the effective date of EPA’s
approval for a specific New Hampshire
SIP provision that is listed in paragraph
40 CFR 52.1520 (c), (d), or (e), consult
the volume and page of the Federal
Register cited in the ‘‘EPA approval
date’’ column of 40 CFR 52.1520 for that
particular provision.
I. The Historical Record of SIP Revision
Approvals
To facilitate enforcement of
previously approved SIP provisions and
to provide a smooth transition to the
new SIP processing system, we are
retaining the original Identification of
plan section (see 40 CFR 52.1535). This
section previously appeared at 40 CFR
52.1520. After an initial two-year
period, we will review our experience
with the new table format and will
decide whether or not to retain the
original Identification of plan section
(40 CFR 52.1535) for some further
period.
II. What EPA Is Doing in This Action
Today’s action constitutes a
‘‘housekeeping’’ exercise to reformat the
codification of the EPA-approved New
Hampshire SIP.
III. Good Cause Exemption
EPA has determined that today’s
action falls under the ‘‘good cause’’
exemption in section 553(b)(3)(B) of the
Administrative Procedure Act (APA)
which, upon a finding of ‘‘good cause,’’
authorizes agencies to dispense with
public participation, and section
553(d)(3), which allows an agency to
make a rule effective immediately
(thereby avoiding the 30-day delayed
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effective date otherwise provided for in
the APA). Today’s action simply
reformats the codification of provisions
which are already in effect as a matter
of law.
Under section 553 of the APA, an
agency may find good cause where
procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
only reflects existing law. Likewise,
there is no purpose served by delaying
the effective date of this action.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
is therefore not subject to review by the
Office of Management and Budget. This
rule is not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not a significant
regulatory action under Executive Order
12866. Because the agency has made a
‘‘good cause’’ finding that this action is
not subject to notice-and-comment
requirements under the Administrative
Procedure Act or any other statute as
indicated in the Supplementary
Information section above, it is not
subject to the regulatory flexibility
provisions of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.), or to sections
202 and 205 of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4). In addition, this action does not
significantly or uniquely affect small
governments or impose a significant
intergovernmental mandate, as
described in sections 203 and 204 of
UMRA. This rule also does not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), nor
will it have substantial direct effects on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This rule also is not
subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not
economically significant. This rule does
not involve technical standards; thus
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the requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. The rule also
does not involve special consideration
of environmental justice related issues
as required by Executive Order 12898
(59 FR 7629, February 16, 1994). In
issuing this rule, EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct, as
required by section 3 of Executive Order
12988 (61 FR 4729, February 7, 1996).
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1998) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the executive
order. This rule does not impose an
information collection burden under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). EPA’s compliance
with these statutes and Executive
Orders for the underlying rules is
discussed in previous actions taken on
the State’s rules.
B. Submission to Congress and the
Comptroller General
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. Section 808 allows
the issuing agency to make a rule
effective sooner than otherwise
provided by the Congressional Review
Act if the agency makes a good cause
finding that notice and public procedure
is impracticable, unnecessary or
contrary to the public interest. Today’s
action simply reformats the codification
of provisions which are already in effect
as a matter of law, 5 U.S.C. 808(2). As
stated previously, EPA has made such a
good cause finding, including the
reasons therefore, and established an
effective date of September 30, 2009.
EPA will submit a report containing this
rule 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
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Register. These corrections to the
Identification of plan for New
Hampshire is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
■
C. Petitions for Judicial Review
EPA has also determined that the
provisions of section 307(b)(1) of the
Clean Air Act pertaining to petitions for
judicial review are not applicable to this
action. Prior EPA rulemaking actions for
each individual component of the New
Hampshire SIP compilation had
previously afforded interested parties
the opportunity to file a petition for
judicial review in the United States
Court of Appeals for the appropriate
circuit within 60 days of such
rulemaking action. Thus, EPA sees no
need to reopen the 60-day period for
filing such petitions for judicial review
for this reorganization of the
‘‘Identification of plan’’ section of 40
CFR 52.1520 for New Hampshire.
(a) Purpose and scope. This section
sets forth the applicable State
Implementation Plan for New
Hampshire under section 110 of the
Clean Air Act, 42 U.S.C. 7410 and 40
CFR part 51 to meet national ambient air
quality standards or other requirements
under the Clean Air Act.
(b) Incorporation by reference. (1)
Material listed in paragraphs (c) and (d)
of this section with an EPA approval
date prior to August 18, 2009, 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 submitted by the state to EPA, and
notice of any change in the material will
be published in the Federal Register.
Entries for paragraphs (c) and (d) of this
section with EPA approval dates after
August 18, 2009, 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 August
18, 2009.
(3) Copies of the materials
incorporated by reference may be
inspected at the Environmental
Protection Agency, New England
Regional Office, One Congress Street,
Suite 1100, Boston, MA 02114–2023;
Air and Radiation Docket and
Information Center, EPA West Building,
1301 Constitution Ave., NW.,
Washington, DC 20460; and the
National Archives and Records
Administration (NARA). If you wish to
obtain materials from the EPA Regional
Office, please call (617) 918–1668; for
materials from a docket in the EPA
Headquarters Library, please call the
Office of Air and Radiation (OAR)
Docket at (202) 566–1742. For
information on the availability of this
material at NARA, call (202) 741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
(c) EPA approved regulations.
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 2, 2009.
Ira W. Leighton,
Acting Regional Administrator, EPA New
England.
Part 52 of chapter I, title 40, Code of
Federal Regulations, is amended as
follows:
■
PART 52—[AMENDED]
1. The authority for citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart EE—New Hampshire
§ 52.1520
[Redesignated as § 52.1535]
2. Section 52.1520 is redesignated as
§ 52.1535 and the section heading and
paragraph (a) are revised to read as
follows:
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§ 52.1535
section.
Original identification of plan
(a) This section identifies the original
‘‘Air Implementation Plan for the State
of New Hampshire’’ and all revisions
submitted by New Hampshire that were
federally approved prior to August 18,
2009.
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3. A new § 52.1520 is added to read
as follows:
§ 52.1520
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Identification of plan.
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50121
EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State effective
date
EPA approval date1
Explanations
12/24/1990
8/14/1992, 57 FR 36603 ........
Procedural Rules ...................
7/23/2001
10/28/2002, 67 FR 65710 ......
Env-A 300 ..............................
Ambient Air Quality Standards
4/21/1989
8/19/1994, 59 FR 42766 ........
Env-A 400 ..............................
Sulfur Content Limits in Fuels
12/24/1990
8/14/1992, 57 FR 36603 ........
Env-A 600 ..............................
Statewide Permit System ......
7/23/2001
10/28/2002, 67 FR 65710 ......
Env-A 700 ..............................
Permit Fee System ................
12/24/1990
8/14/1992, 57 FR 36603 ........
Env-A 800 ..............................
Testing and Monitoring Procedures.
Owner or Operator Obligations.
Prevention, Abatement, and
Control of Open Source Air
Pollution.
Prevention, Abatement, and
Control of Stationary
Source Air Pollution.
8/21/1995
3/10/1998, 63 FR 11600 ........
8/21/1995
3/10/1998, 63 FR 11600 ........
5/19/1989
8/19/1994, 59 FR 42766 ........
Sections Env-A 101.21; .27;
.33; .51; .53; .58; .63; .98;
and Parts Env-A 102 and
103 are not part of the approved SIP.
Parts Env-A 206; 208; and
Sections Env-A 209.01
through 209.04 are not part
of the approved SIP.
Part Env-A 304 is not part of
the approved SIP.
Section Env-A 405.05 (c) and
(d); and Part Env-A 406 are
not part of the SIP.
Sections Env-A 603.02(p),
603.03(f) and 603.03(g) are
not part of the SIP. Parts
Env-A 615 through 621 are
not part of the SIP. Sections Env-A 622.01(a)(2)(a)
and 622.01(a)(2)(b);
622.03; 622.04(a) through
622.04(c); 622.05; 622.07
and 623.02 are not part of
the SIP.
Approved Parts Env-A 701
through 705.
Approved Parts Env-A 801
through 807.
Approved Sections Env-A 901
through 903.
Approved Part Env-A 1001.
8/21/1995
7/23/2002, 67 FR 48033 ........
Conformity of General Federal Actions.
NOx Budget Trading Program
4/19/1996
8/16/1999, 64 FR 44417 ........
7/27/1998
11/14/2000, 65 FR 68078 ......
7/21/1999
3/9/2000, 65 FR 12476 ..........
NHCAR, Part Saf-C 3221A ....
National Low Emission Vehicle (National LEV) Program.
Emission Amendments to Official Motor Vehicle Inspection Requirements..
11/17/1998
1/10/2001, 66 FR 1868 ..........
NHCAR, Part Saf-C 5800 ......
Roadside Diesel Opacity Inspection Program Rules.
11/17/1998
1/10/2001, 66 FR 1868 ..........
State citation
Title/subject
Env-A 100 ..............................
Organizational Rules: Definitions.
Env-A 200 ..............................
Env-A 900 ..............................
Env-A 1000 ............................
Env-A 1200 ............................
Env-A 1500 ............................
Env-A 3200 ............................
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Env-A 3600 ............................
Approved Parts Env-A 1201
through 1208; and 1211.
Approval of 1201.05 shall
not be construed to supersede New Source Performance Standards; National
Emission Standards for
Hazardous Air Pollutants;
and the regulations controlling emissions from major
new or modified stationary
sources in attainment and
non-attainment areas.
Approved Part Env-A 1502.
Approved Parts Env-A 3201
through 3218.
Approved Parts Env-A 3601
through 3603
Part Saf-C 3221A ‘‘Emission
Amendments to Official
Motor Vehicle Inspection
Requirements’’ adopted on
November 17, 1998.
Part Saf-C 5800 ‘‘Roadside
Diesel Opacity Inspection
Program Rules’’ adopted on
November 17, 1998.
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.
(d) EPA-approved State Source
specific requirements.
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EPA-APPROVED NEW HAMPSHIRE SOURCE SPECIFIC REQUIREMENTS
EPA approval date 2
Additional explanations/
§ 52.1535 citation
5/2/1984
9/27/1984, 49 FR 38104 ........
Permit Number PO–B–1501,
condition 5.
Permit Number PO–B–1502,
condition 5.
Permit No. PO–B–1503, condition 5.
Temporary Permit TP–B–150,
condition 2, 3 and 4.
Permit Number PO–B–1550,
Conditions 5B, 5C, and 5D.
1/6/1986
2/2/1987, 52 FR 3117 ............
See 52.1535(c)(33). Administrative order issued May 2,
1984 to the James River
Corporation.
See 52.1535(c)(35).
1/6/1986
2/2/1987, 52 FR 3117 ............
See 52.1535(c)(35).
1/6/1986
2/2/1987, 52 FR 3117 ............
See 52.1535(c)(35).
1/6/1986
2/2/1987, 52 FR 3117 ............
See 52.1535(c)(35).
9/6/1985
12/14/1987, 52 FR 47392 ......
The James River Corporation,
Groveton, NH.
Permit Number PO–B–213,
Conditions 2 and 5A.
9/6/1985
12/14/1987, 52 FR 47392 ......
The James River Corporation,
Groveton, NH.
Permit No. PO–B–214, Conditions 2 and 5A.
9/6/1985
12/14/1987, 52 FR 47392 ......
The James River Corporation,
Groveton, NH.
Permit No. PO–B–215, Conditions 2 and 5A.
9/6/1985
12/14/1987, 52 FR 47392 ......
The James River Corporation,
Groveton, NH.
Permit No. PO–BP–2240,
Condition 5B.
9/6/1985
12/14/1987, 52 FR 47392 ......
Source specific NOX RACT
order for Groveton Paperboard Corp., Groveton, NH.
Source specific NOX RACT
order for Plymouth Cogeneration Ltd. Partnership,
Plymouth, NH.
Source specific NOX RACT
order for Waterville Valley
Ski Area Ltd., Waterville
Valley, NH.
VOC RACT for L.W. Packard
and Company, Inc. Ashland, NH.
VOC RACT for Kalwall Corporation, Manchester, NH.
VOC RACT for Textile Tapes
Corporation, Gonic, NH.
Source specific NOX RACT
order for Public Service of
New Hampshire, Bow, NH.
Source specific NOX RACT
order for Hampshire Chemical Corporation, Nashua,
NH.
Source specific NOX RACT
order for Crown Vantage,
Berlin, NH.
Order ARD–95–001 ...............
5/10/1995
4/9/1997, 62 FR 17087 ..........
See 52.1535(c)(38). The air
permit conditions limit sulfur-in-fuel content to 2.2%
sulfur by weight at the
James River Corporation,
Groveton, NH.
See 52.1535(c)(38). The air
permit conditions limit sulfur-in-fuel content to 2.2%
sulfur by weight at the
James River Corporation,
Groveton, NH.
See 52.1535(c)(38). The air
permit conditions limit sulfur-in-fuel content to 2.2%
sulfur by weight at the
James River Corporation,
Groveton, NH.
See 52.1535(c)(38). The air
permit conditions limit sulfur-in-fuel content to 2.2%
sulfur by weight at the
James River Corporation,
Groveton, NH.
See 52.1535(c)(38). The air
permit conditions limit sulfur-in-fuel content to 2.2%
sulfur by weight at the
James River Corporation,
Groveton, NH.
See 52.1535(c)(50).
Order ARD–95–002 ...............
9/12/1995
4/9/1997, 62 FR 17087 ..........
See 52.1535(c)(50).
Order ARD–95–003 ...............
9/19/1995
4/9/1997, 62 FR 17087 ..........
See 52.1535(c)(50).
Order ARD–94–001 ...............
5/5/1995
3/10/1998, 63 FR 11600 ........
See 52.1535(c)(51).
Order ARD–95–010 ...............
9/10/1996
3/10/1998, 63 FR 11600 ........
See 52.1535(c)(51).
Order ARD–96–001 ...............
10/4/1996
3/10/1998, 63 FR 11600 ........
See 52.1535(c)(51).
Order ARD–97–001 ...............
4/14/1997
5/13/1998, 63 FR 26455 ........
See 52.1535(c)(54).
Order ARD–95–011 ...............
5/6/1997
5/13/1998, 63 FR 26455 ........
See 52.1535(c)(54).
Order ARD–97–003 ...............
9/24/1997
5/13/1998, 63 FR 26455 ........
See 52.1535(c)(54).
State effective
date
Permit No.
The James River—Berlin/Gorham, Inc. Berlin, NH.
................................................
Operating limits for boilers at
Dartmouth College.
Operating limits for boilers at
Dartmouth College.
Operating limits for boilers at
Dartmouth College.
Operating limits for boilers at
Dartmouth College.
The James River Corporation,
Groveton, NH.
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50123
EPA-APPROVED NEW HAMPSHIRE SOURCE SPECIFIC REQUIREMENTS—Continued
State effective
date
EPA approval date 2
Additional explanations/
§ 52.1535 citation
Name of source
Permit No.
Source-specific NOX RACT
order and discrete emission
reduction protocols for Public Service of New Hampshire.
VOC RACT for AnheuserBusch, Merrimack, NH.
Order ARD–98–001 ...............
7/17/1998
11/14/2000, 65 FR 68078 ......
See 52.1535(c)(64).
Order ARD–00–001 ...............
4/15/2002
7/23/2002, 67 FR 48033 ........
See 52.1535(c)(68).
2 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.
(e) Nonregulatory.
NEW HAMPSHIRE NONREGULATORY
Applicable geographic or nonattainment area
State submittal
date/effective
date
‘‘State of New Hampshire Implementation Plan’’.
sroberts on DSKD5P82C1PROD with RULES
Name of nonregulatory SIP
provision
Statewide ...............................
1/27/1972
5/31/1972, 37 FR 10842 ........
Miscellaneous non-regulatory
additions to the plan correcting minor deficiencies.
Non-regulatory provisions for
retention and availability of
air quality data.
Attainment dates of national
primary and secondary air
quality standards.
Compliance schedules ...........
Compliance schedules ...........
Revision exempting steam locomotives from the plan.
AQMA identification material ..
Attainment plans to meet the
requirements of Part D for
carbon monoxide for Metropolitan Manchester and
ozone for AQCR 121, programs for the review of
construction and operation
of new and modified major
stationary sources of pollution in both attainment and
non-attainment areas and
certain miscellaneous provisions.
November 6, 1979 letter from
New Hampshire Assistant
Attorney General.
March 17, 1980 letter addressing external emission
offsets.
Attainment plans to meet the
requirements of Part D for
total suspended particulates
and sulfur dioxide in Berlin,
NH.
A plan to provide comprehensive public participation and
an analysis of the effects of
the New Hampshire 1979
SIP revisions.
A comprehensive air quality
monitoring plan, intended to
meet requirements of 40
CFR Part 58.
Statewide ...............................
2/23/1972
7/27/1972, 37 FR 15080 ........
The plan was officially submitted on January 27,
1972.
See 52.1535(c)(1).
Statewide ...............................
3/23/1972
7/27/1972, 37 FR 15080 ........
See 52.1535(c)(2).
Statewide ...............................
8/8/1972
9/22/1972, 37 FR 19806 ........
See 52.1535(c)(3).
Statewide ...............................
Statewide ...............................
Statewide ...............................
2/14/1973
3/22/1973
4/3/1973
6/20/1973, 38 FR 16144 ........
6/20/1973, 38 FR 16144 ........
12/14/1973, 38 FR 34476 ......
See 52.1535(c)(5).
See 52.1535(c)(6).
See 52.1535(c)(7).
Statewide ...............................
Statewide ...............................
5/20/1974
5/29/1979
6/2/1975, 40 FR 23746 ..........
4/11/1980, 45 FR 24869 ........
See 52.1535(c)(9).
See 52.1535(c)(12).
Statewide ...............................
11/6/1979
4/11/1980, 45 FR 24869 ........
See 52.1535(c)(12).
Statewide ...............................
3/17/1980
4/11/1980, 45 FR 24869 ........
See 52.1535(c)(12).
Areas designated non-attainment for one or more pollutants.
9/19/1979
6/23/1980, 45 FR 41942 ........
See 52.1535(c)(13).
Statewide ...............................
2/28/1980
9/9/1980, 45 FR 59313 ..........
See 52.1535(c)(15).
Statewide ...............................
1/30/80
12/18/1980, 45 FR 83227 ......
See 52.1535(c)(17).
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Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations
NEW HAMPSHIRE NONREGULATORY—Continued
Applicable geographic or nonattainment area
State submittal
date/effective
date
A plan to attain and maintain
the National Ambient Air
Quality Standard for lead
and to amend the state’s air
quality standards.
A letter further explaining the
state procedures for review
of new major sources of
lead emissions and confirming the use of reference
methods.
Revisions to meet the requirements of Part D and certain
other sections of the Clean
Air Act, as amended, for attaining carbon monoxide
standards in the City of
Manchester.
Revision to the January 12,
1981 CO Attainment Plan
for Manchester, NH.
Carbon monoxide attainment
plan revisions for the City of
Manchester which meet the
requirements of Part D of
the Act for 1982 SIP revisions.
Revision to the October 5,
1982 CO Attainment Plan
for Manchester, NH.
The TSP Plan to attain primary standards in Berlin,
New Hampshire.
Letter from the New Hampshire Air Resources Commission submitting revisions
to the SIP.
Letter interpreting NH’s regulation for Continuous Emission Monitoring Systems.
NH Letter of intent to implement applicable emission
limits required by EPA’s
New Source Performance
Standard (NSPS).
Letter submitting a revision to
the CO Attainment Plan for
the City of Nashua, NH.
sroberts on DSKD5P82C1PROD with RULES
Name of nonregulatory SIP
provision
Statewide ...............................
4/15/1980
7/15/1981, 46 FR 36699 ........
See 52.1535(c)(18).
Statewide ...............................
12/9/1980
7/15/1981, 46 FR 36699 ........
See 52.1535(c)(18).
City of Manchester .................
1/12/1981
1/7/1982, 47 FR 763 ..............
See 52.1535(c)(19). These
revisions supplement the
1979 CO attainment plan.
City of Manchester .................
2/18/1981
1/7/1982, 47 FR 763 ..............
See 52.1535(c)(19).
City of Manchester .................
10/5/1982
6/27/1983, 48 FR 29479 ........
See 52.1535 (c)(23).
City of Manchester .................
12/20/1982
6/27/1983, 48 FR 29479 ........
See 52.1535(c)(23).
Berlin, NH ..............................
5/9/1984
9/27/1984, 49 FR 38104 ........
See 52.1535(c)(33).
Statewide ...............................
4/26/1985
9/17/1987, 52 FR 35081 ........
See 52.1535(c)(37).
Statewide ...............................
1/20/1986
9/17/1987, 52 FR 35081 ........
See 52.1535(c)(37).
Statewide ...............................
5/12/1987
9/17/1987, 52 FR 35081 ........
See 52.1535(c)(37).
Nashua and 11 surrounding
towns.
9/12/1985
8/25/1988, 53 FR 32391 ........
Narrative submittals, including
an attainment demonstration for carbon monoxide
for the City of Nashua.
Letter identifying extensions
to the Nashua intersectionspecific measures (Build I).
Letter submitting final motor
vehicle emissions inspection (I&M) program for the
Nashua, NH area.
Nashua and 11 surrounding
towns.
2/26/1985
8/25/1988, 53 FR 32391 ........
See 52.1535(c)(39). Attainment plans for carbon monoxide for the City of Nashua including an extension
of the attainment date to
December 31, 1990.
See 52.1535(c)(39).
Nashua and 11 surrounding
area.
12/3/1985
8/25/1988, 53 FR 32391 ........
See 52.1535(c)(39).
Nashua and 11 surrounding
towns.
10/7/1986
8/25/1988, 53 FR 32391 ........
See 52.1535(c)(39).
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NEW HAMPSHIRE NONREGULATORY—Continued
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Name of nonregulatory SIP
provision
Letter from Governor John H.
Sununu to Michael R.
Deland committing to take
legislative measures to convert the Inspection/Maintenance program in the Nashua area to the use of computerized emission analyzers in the event that the
program is found to not be
achieving the necessary
emission reductions.
Letter from NH DES, Air Resources Division providing
additional information on
Nashua intersection-specific
traffic flow improvements in
Nashua, NH CO Attainment
Plan.
Letter from NH DES, Air Resources Division submitting
additions to the Nashua,
NH CO Attainment Plan.
Letter from the New Hampshire Air Resources Division dated July 6, 1989
submitting revisions to the
NH SIP.
Letter from the New Hampshire Air Resources Division dated February 12,
1991 submitting a revision
to the NH SIP.
Nonregulatory portions of the
State submittal.
Letter from the New Hampshire Air Resources Division dated November 21,
1989 submitting a revision
to the NH SIP.
Letter from Robert W. Varney,
Commissioner of the Department of Environmental
Services of New Hampshire, to John B. Hammond,
Acting Director of the New
Hampshire Office of Legislative Services, dated November 15, 1989, adopting
final rules.
Letter from the New Hampshire Air Resources Division dated September 12,
1990 submitting a revision
to the NH SIP that withdraws nine source-specific
operating permits incorporated by reference at 40
CFR 52.1535(c)(21), (c)(25)
and (c)(32).
Letter from the New Hampshire Air Resources Division dated July 2, 1991
submitting documentation of
a public hearing.
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Applicable geographic or nonattainment area
State submittal
date/effective
date
EPA approved date 3
Explanations
Nashua and 11 surrounding
towns.
3/6/1987
8/25/1988, 53 FR 32391 ........
See 52.1535(c)(39).
Nashua and 11 surrounding
towns.
5/12/1987
8/25/1988, 53 FR 32391 ........
See 52.1535(c)(39).
Nashua and 11 surrounding
towns.
10/15/1987
8/25/1988, 53 FR 32391 ........
See 52.1535(c)(39).
Statewide ...............................
7/6/1989
8/19/1994, 59 FR 42766 ........
See 52.1535(c)(40).
Statewide ...............................
2/12/1991
8/14/1991, 56 FR 40252 ........
See 52.1535(c)(41).
Statewide ...............................
2/12/1991
8/14/1991, 56 FR 40252 ........
See 52.1535(c)(41).
Statewide ...............................
11/21/1989
6/13/1991, 56 FR 27197 ........
See 52.1535(c)(43).
Statewide ...............................
11/21/1989
6/13/1991, 56 FR 27197 ........
See 52.1535(c)(43).
Statewide ...............................
9/12/1990
12/12/1991, 56 FR 64703 ......
See 52.1535(c)(44).
Statewide ...............................
7/2/1991
12/12/1991, 56 FR 64703 ......
See 52.1535(c)(44).
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50125
50126
Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations
NEW HAMPSHIRE NONREGULATORY—Continued
Applicable geographic or nonattainment area
State submittal
date/effective
date
Letter from the New Hampshire Air Resources Division dated February 12,
1991 submitting revisions to
the NH SIP.
Letter from the New Hampshire Air Resources Division dated May 7, 1991
withdrawing certain portion
of the February 12, 1991
SIP submittal.
Letter from the New Hampshire Air Resources Division dated August 20, 1991
withdrawing certain portion
of the February 12, 1991
SIP submittal.
Letter from the New Hampshire Air Resources Division dated August 26, 1991
withdrawing certain portion
of the February 12, 1991
SIP submittal.
Letter from the New Hampshire Air Resources Division dated March 6, 1992
withdrawing certain portion
of the February 12, 1991
SIP submittal.
Letter from the New Hampshire Air Resources Division dated May 6, 1992
withdrawing certain portion
of the February 12, 1991
SIP submittal.
Letter from the New Hampshire Air Resources Division dated May 15, 1992
submitting a revision to the
NH SIP.
sroberts on DSKD5P82C1PROD with RULES
Name of nonregulatory SIP
provision
Statewide ...............................
2/12/1991
8/14/1992, 57 FR 36603 ........
See 52.1535(c)(45).
Statewide ...............................
5/7/1991
8/14/1992, 57 FR 36603 ........
See 52.1535(c)(45).
Statewide ...............................
8/20/1991
8/14/1992, 57 FR 36603 ........
See 52.1535(c)(45).
Statewide ...............................
8/26/1991
8/14/1992, 57 FR 36603 ........
See 52.1535(c)(45).
Statewide ...............................
3/6/1992
8/14/1992, 57 FR 36603 ........
See 52.1535(c)(45).
Statewide ...............................
5/6/1992
8/14/1992, 57 FR 36603 ........
See 52.1535(c)(45).
Statewide ...............................
5/15/1992
1/19/1993, 58 FR 4902 ..........
Letter from the New Hampshire Air Resources Division dated May 15, 1992
submitting a revision to the
NH SIP.
Letter from the New Hampshire Air Resources Division dated December 21,
1992, submitting revisions
to the NH SIP.
Letter from the New Hampshire Air Resources Division dated June 17, 1994
submitting revisions to the
NH SIP.
Letter from the New Hampshire Air Resources Division dated July 7, 1995
submitting revisions to the
NH SIP.
Letter from the New Hampshire Air Resources Division dated September 18,
1995 submitting revisions to
the NH SIP.
Statewide ...............................
5/15/1992
5/25/1993, 58 FR 29973 ........
See 52.1535(c)(46). Revisions to the SIP consisting
of amendments to Emission
Control Methods for Cutback and Emulsified Asphalt.
See 52.1535(c)(47).
Statewide ...............................
12/21/1992
4/9/1997, 62 FR 17087 ..........
See 52.1535(c)(49).
Statewide ...............................
6/17/1994
4/9/1997, 62 FR 17087 ..........
See 52.1535(c)(49).
Statewide ...............................
7/7/1995
4/9/1997, 62 FR 17087 ..........
See 52.1535(c)(50).
Statewide ...............................
9/18/1995
4/9/1997, 62 FR 17087 ..........
See 52.1535(c)(50).
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50127
NEW HAMPSHIRE NONREGULATORY—Continued
Applicable geographic or nonattainment area
State submittal
date/effective
date
Letter from the New Hampshire Air Resources Division dated October 18,
1995, submitting revisions
to the NH SIP.
Letter from the New Hampshire Air Resources Division dated December 9,
1996 submitting revisions to
the NH SIP.
Letter from the New Hampshire Air Resources Division dated June 28, 1996
submitting revisions to the
NH SIP.
Letter from the New Hampshire Air Resources Division dated October 24,
1996 submitting revisions to
the NH SIP.
Letter from the New Hampshire Air Resources Division dated July 10, 1995
submitting revisions to the
NH SIP.
Letter from the New Hampshire Air Resources Division dated December 21,
1992 submitting revisions to
the NH SIP.
Letter dated November 21,
1997 withdrawing Env-A
1204.06 from the SIP submittal.
NH–DES letter dated December 13, 1994, and signed
by Thomas M. Noel, Acting
Director, NH DES.
State of New Hampshire Photochemical Assessment
Monitoring Stations—Network Plan—Network Overview.
Letter from the New Hampshire Air Resources Division dated August 29, 1996
submitting a revision to the
NH SIP.
sroberts on DSKD5P82C1PROD with RULES
Name of nonregulatory SIP
provision
Statewide ...............................
10/18/1995
4/9/1997, 62 FR 17087 ..........
See 52.1535(c)(50).
Gonic, NH ..............................
12/9/1996
3/10/1998, 63 FR 11600 ........
See 52.1535(c)(51).
Statewide ...............................
6/28/1996
3/10/1998, 63 FR 11600 ........
See 52.1535(c)(51).
Manchester, NH .....................
10/24/1996
3/10/1998, 63 FR 11600 ........
See 52.1535(c)(51).
Statewide ...............................
7/10/1995
3/10/1998, 63 FR 11600 ........
See 52.1535(c)(51).
Statewide ...............................
12/21/1992
3/10/1998, 63 FR 11600 ........
See 52.1535(c)(51).
Statewide ...............................
11/21/1997
3/10/1998, 63 FR 11600 ........
See 52.1535(c)(51).
Statewide ...............................
12/13/1994
10/27/1997, 62 FR 55521 ......
See 52.1535(c)(52).
Statewide ...............................
12/13/1994
10/27/1997, 62 FR 55521 ......
See 52.1535(c)(52).
Portsmouth-Dover-Rochester
serious ozone nonattainment area, and the NH portion of the Boston-Lawrence-Worcester serious
ozone nonattainment area.
8/29/1996
10/27/1997, 62 FR 55521 ......
Letter from the New Hampshire Air Resources Division dated April 14, 1997
submitting revisions to the
NH SIP.
Letter from the New Hampshire Air Resources Division dated May 6, 1997
submitting revisions to the
NH SIP.
Letter from the New Hampshire Air Resources Division dated September 24,
1997 submitting revisions to
the NH SIP.
Statewide ...............................
4/14/1997
5/13/1998, 63 FR 26455 ........
See 52.1533. Revisions to the
SIP for the purpose of satisfying the rate-of-progress
requirement of section
182(b) and the contingency
measure requirement of
section 172(c)(9) of the
Clean Air Act.
See 52.1535(c)(54).
Nashua, NH ...........................
5/6/1997
5/13/1998, 63 FR 26455 ........
See 52.1535(c)(54).
Statewide ...............................
9/24/1997
5/13/1998, 63 FR 26455 ........
See 52.1535(c)(54).
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NEW HAMPSHIRE NONREGULATORY—Continued
Applicable geographic or nonattainment area
State submittal
date/effective
date
Letter from the New Hampshire Air Resources Division dated July 27, 1998
submitting a revision to the
NH SIP.
Letter from the New Hampshire Air Resources Division dated November 24,
1992 submitting a revision
to the New Hampshire
State Implementation Plan.
New Hampshire Department
of Environmental Services
‘‘Stage II Equivalency Demonstration,’’ dated November 1992.
Nonregulatory portions of the
submittal.
sroberts on DSKD5P82C1PROD with RULES
Name of nonregulatory SIP
provision
Statewide ...............................
7/27/1998
11/14/2000, 65 FR 68078 ......
See 52.1535(c)(57).
Statewide ...............................
11/24/1992
12/7/1998, 63 FR 67405 ........
See 52.1535(c)(58).
Statewide ...............................
11/24/1992
12/7/1998, 63 FR 67405 ........
See 52.1535(c)(58).
Statewide ...............................
7/2/1993
12/7/1998, 63 FR 67405 ........
Letter from the New Hampshire Air Resources Division dated November 20,
1998 submitting a revision
to the NH SIP.
Letter from the New Hampshire Air Resources Division dated September 4,
1998 submitting a revision
to the NH SIP.
Document entitled ‘‘Alternative
New Hampshire Motor Vehicle Inspection/Maintenance State Implementation
Plan Revision’’ dated September 4, 1998.
Letter from the New Hampshire Air Resources Division dated August 6, 2001
submitting a revision to the
NH SIP.
Letter from the New Hampshire Air Resources Division dated April 26, 1995
submitting a revision to the
NH SIP.
Nonregulatory portions of the
State submittal..
Document entitled ‘‘New
Hampshire Stage II Comparability Analysis,’’ prepared by the New Hampshire Department of Environmental Services, dated
July 1, 1998.
Letter from the New Hampshire Department of Environmental Services dated
June 7, 1994 submitting a
revision to the NH SIP.
Document entitled ‘‘Clean
Fuel Fleet Equivalency
Demonstration,’’ prepared
by the New Hampshire Department of Environmental
Services, dated May, 1994.
Statewide ...............................
11/20/1998
1/10/2001, 66 FR 1868 ..........
See 52.1535(c)(58). NH’s
Gasoline Vapor Recovery
Testing Procedures and Inspection Manual.
See 52.1535(c)(59).
Statewide ...............................
9/4/1998
1/10/2001, 66 FR 1868 ..........
See 52.1535(c)(59).
Statewide ...............................
9/4/1998
1/10/2001, 66 FR 1868 ..........
See 52.1535(c)(59).
Statewide ...............................
8/9/2001
10/28/2002, 67 FR 65710 ......
See 52.1535(c)(60).
Statewide ...............................
4/26/1995
10/28/2002, 67 FR 65710 ......
See 52.1535(c)(60).
Statewide ...............................
4/26/1995
10/28/2002, 67 FR 65710 ......
See 52.1535(c)(60).
Statewide ...............................
7/9/1998
9/29/1999, 64 FR 52434. .......
See 52.1535(c)(61).
Statewide ...............................
6/7/1994
9/29/1999, 64 FR 52434. .......
See 52.1535(c)(62).
Statewide ...............................
6/7/1994
9/29/1999, 64 FR 52434. .......
See 52.1535(c)(62).
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50129
NEW HAMPSHIRE NONREGULATORY—Continued
Name of nonregulatory SIP
provision
Applicable geographic or nonattainment area
State submittal
date/effective
date
Letter from the New Hampshire Department of Environmental Services dated
July 10, 1996 submitting a
revision to the NH SIP.
Letter from the New Hampshire Air Resources Division dated July 17, 1998
submitting Final RACT
Order 98–001 as a revision
to the NH SIP.
Letter from the New Hampshire Department of Environmental Services dated
August 16, 1999 submitting
the Low Emission Vehicle
program as a revision to
the NH SIP.
Letter from the New Hampshire Air Resources Division dated July 29, 1993
submitting a revision to the
New Hampshire State Implementation Plan.
Letter from the New Hampshire Air Resources Division dated July 2, 1999
submitting a revision to the
New Hampshire State Implementation Plan.
Letter from the New Hampshire Department of Environmental Services dated
September 11, 1998 stating
a negative declaration for
the aerospace coating operations Control Techniques
Guideline category.
Letter from the DES, dated
April 15, 2002, submitting
revised Anheuser-Busch
order to EPA as a SIP revision and withdrawing previous submittal for this facility dated June 20, 2000.
Letter from the DES, dated
March 22, 2002, containing
information on New Filcas
of America.
Statewide ...............................
7/10/1996
8/16/1999, 64 FR 44417 ........
See 52.1535(c)(63).
Statewide ...............................
7/17/1998
11/14/2000, 65 FR 68078 ......
See 52.1535(c)(64).
Statewide ...............................
8/16/1999
3/9/2000, 65 FR 12476 ..........
See 52.1535(c)(65).
Statewide ...............................
7/29/1993
7/27/2001, 66 FR 39100 ........
See 52.1535(c)(66).
Statewide ...............................
7/2/1999
7/27/2001, 66 FR 39100 ........
See 52.1535(c)(66).
Statewide ...............................
9/11/1998
7/10/2000, 65 FR 42290 ........
See 52.1535(c)(67).
Merrimack, NH .......................
4/15/2002
7/23/2002, 67 FR 48033 ........
See 52.1535(c)(68).
Nashua, NH ...........................
3/22/2002
7/23/2002, 67 FR 48033 ........
See 52.1535(c)(68).
EPA approved date 3
Explanations
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. E9–23472 Filed 9–29–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
[EPA–HQ–OAR–2003–0118; FRL–8959–2]
sroberts on DSKD5P82C1PROD with RULES
RIN 2060–AG12
Protection of Stratospheric Ozone:
Notice 24 for Significant New
Alternatives Policy Program
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Determination of acceptability.
VerDate Nov<24>2008
14:46 Sep 29, 2009
Jkt 217001
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
SUMMARY: This Determination of
Acceptability expands the list of
acceptable substitutes for ozonedepleting substances under the U.S.
Environmental Protection Agency’s
(EPA) Significant New Alternatives
Policy (SNAP) program. The
determinations concern new substitutes
for use in the refrigeration and air
conditioning and foam blowing sectors.
DATES: This determination is effective
on September 30, 2009.
ADDRESSES: EPA has established a
docket for this action under Docket ID
E:\FR\FM\30SER1.SGM
30SER1
]]>Agencies
[Federal Register Volume 74, Number 188 (Wednesday, September 30, 2009)]
[Rules and Regulations]
[Pages 50118-50129]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23472]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NH-041-7013a; A-1-FRL-8955-9]
Approval and Promulgation of Air Quality Implementation Plans;
Revised Format for Materials Being Incorporated by Reference for New
Hampshire
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notice of administrative change.
-----------------------------------------------------------------------
SUMMARY: EPA is revising the format of its regulations for materials
submitted by the State of New Hampshire that are incorporated by
reference (IBR) into its State Implementation Plan (SIP). The
regulations affected by this format change have all been previously
submitted by New Hampshire and approved by EPA.
DATES: Effective Date: This rule is effective on September 30, 2009.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, Suite 1100, 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 to 4:30, excluding legal holidays.
An electronic copy of the New Hampshire regulations we have
approved for incorporation into the SIP are also available by accessing
https://www.epa.gov/ne/topics/air/sips.html. A hard copy of the
regulatory and source-specific portions of the compilation will also be
maintained at the Air and Radiation Docket and Information Center, EPA
West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC
20460 and the National Archives and Records Administration (NARA). If
you wish to obtain materials from a docket in the EPA Headquarters
Library, please call the Office of Air and Radiation (OAR) Docket/
Telephone number (202) 566-1742. For information on the availability of
this material at NARA, call (202) 741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
FOR FURTHER INFORMATION CONTACT: Donald O. Cooke, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, One Congress Street, Suite 1100 (CAQ), Boston, MA 02114-2023,
telephone number (617) 918-1668, fax number (617) 918-0668, e-mail
cooke.donald@epa.gov.
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. Change of IBR Format
A. Description of a SIP
B. How EPA Enforces the SIP
C. How the State and EPA Update the SIP
D. How EPA Compiles the SIP
E. How EPA Organizes the SIP Compilation
F. Where You Can Find a Copy of the SIP Compilation
G. The Format of the New Identification of Plan Section
H. When a SIP Revision Becomes Federally Enforceable
I. The Historical Record of SIP Revision Approvals
II. What EPA Is Doing in This Action
III. Good Cause Exemption
IV. Statutory and Executive Order Reviews
A. General Requirements
B. Submission to Congress and the Comptroller General
C. Petitions for Judicial Review
I. Change of IBR Format
This format revision will affect the ``Identification of plan''
section of 40 CFR part 52, as well as the format of the SIP materials
that will be available for public inspection at the National Archives
and Records Administration (NARA); the Air and Radiation Docket and
Information Center located at EPA Headquarters in Washington, DC, and
the EPA New England Regional Office.
A. Description of a SIP
Each state has a SIP containing the control measures and strategies
used to attain and maintain the national ambient air quality standards
(NAAQS) and achieve certain other Clean Air Act (Act) requirements
(e.g., visibility requirements and prevention of significant
deterioration). The SIP is extensive, containing such elements as air
pollution control regulations, emission inventories, monitoring network
descriptions, attainment demonstrations, and enforcement mechanisms.
B. How EPA Enforces the SIP
Each SIP revision submitted by New Hampshire must be adopted at the
state level after undergoing reasonable notice and opportunity for
public comment. SIPs submitted to EPA to attain or maintain the NAAQS
must include enforceable emission limitations and other control
measures, schedules and timetables for compliance.
EPA evaluates submitted SIPs to determine if they meet the Act's
requirements. If a SIP meets the Act's requirements, EPA will approve
the SIP. EPA's notice of approval is published in the Federal Register
and the approval is then codified in the Code of Federal Regulations
(CFR) at 40 CFR part 52. Once EPA approves a SIP, it is enforceable by
EPA and citizens in Federal district court.
We do not reproduce in 40 CFR part 52 the full text of the New
Hampshire regulations that we have approved; instead, we incorporate
them by reference (``IBR''). We approve a given state regulation with a
specific effective date and then refer the public to the location(s) of
the full text version of the state regulation(s) should they want to
know which measures are contained in a given SIP (see ``I.F. Where You
Can Find a Copy of the SIP Compilation'').
C. How the State and EPA Update 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, EPA from time to time must take action on SIP revisions
containing new and/or revised regulations.
On May 22, 1997 (62 FR 27968), EPA announced revised procedures for
incorporating by reference federally approved SIPs. The procedures
announced included: (1) A new process for incorporating by reference
material submitted by states into compilations and a process for
updating those compilations on roughly an annual basis; (2) a revised
mechanism for announcing EPA approval of revisions to an applicable SIP
and updating both the compilations and the CFR; and (3) a revised
format for the ``Identification of plan'' sections for each applicable
subpart to reflect these revised IBR procedures.
D. How EPA Compiles the SIP
We have organized into a compilation the federally-approved
regulations, source-specific requirements and nonregulatory provisions
we have approved into the SIP. We maintain hard copies of the
compilation in
[[Page 50119]]
binders and we primarily update these binders on an annual basis.
E. How EPA Organizes the SIP Compilation
Each compilation contains three parts. Part one contains the state
regulations, part two contains the source-specific requirements that
have been approved as part of the SIP (if any), and part three contains
nonregulatory provisions that we have approved. Each compilation
contains a table of identifying information for each regulation, each
source-specific requirement, and each nonregulatory provision. The
state effective dates in the tables indicate the date of the most
recent revision to a particular regulation. The table of identifying
information in the compilation corresponds to the table of contents
published in 40 CFR part 52 for the state. The EPA Regional Offices
have the primary responsibility for ensuring accuracy and updating the
compilations.
F. Where You Can Find a Copy of the SIP Compilation
EPA New England developed and will maintain a hard copy of the
compilation for New Hampshire. An electronic copy of the New Hampshire
regulations we have approved are available on the following Web site:
https://www.epa.gov/ne/topics/air/sips.html. A hard copy of the
regulatory and source-specific portions of the compilation will also be
maintained at the Air and Radiation Docket and Information Center, EPA
West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC
20460; and National Archives and Records Administration (NARA). If you
wish to obtain materials from a docket in the EPA Headquarters Library,
please call the Office of Air and Radiation (OAR) Docket/Telephone
number (202) 566-1742. For information on the availability of this
material at NARA, call (202) 741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
G. The Format of the New Identification of Plan Section
In order to better serve the public, EPA has revised the
organization of the ``Identification of plan'' section in 40 CFR part
52 and included additional information to clarify the elements of the
SIP.
The revised Identification of plan section for New Hampshire
contains five subsections:
1. Purpose and scope (see 40 CFR 52.1520(a));
2. Incorporation by reference (see 40 CFR 52.1520(b));
3. EPA-approved regulations (see 40 CFR 52.1520(c));
4. EPA-approved source-specific requirements (see 40 CFR
52.1520(d)); and
5. EPA-approved nonregulatory provisions such as transportation
control measures, statutory provisions, monitoring networks, etc. (see
40 CFR 52.1520(e)).
H. When a SIP Revision Becomes Federally Enforceable
All revisions to the applicable SIP are federally enforceable as of
the effective date of EPA's approval of the respective revisions. In
general, SIP revisions become effective 30 to 60 days after publication
of EPA's SIP approval action in the Federal Register. In specific
cases, a SIP revision action may become effective less than 30 days or
greater than 60 days after the Federal Register publication date. In
order to determine the effective date of EPA's approval for a specific
New Hampshire SIP provision that is listed in paragraph 40 CFR 52.1520
(c), (d), or (e), consult the volume and page of the Federal Register
cited in the ``EPA approval date'' column of 40 CFR 52.1520 for that
particular provision.
I. The Historical Record of SIP Revision Approvals
To facilitate enforcement of previously approved SIP provisions and
to provide a smooth transition to the new SIP processing system, we are
retaining the original Identification of plan section (see 40 CFR
52.1535). This section previously appeared at 40 CFR 52.1520. After an
initial two-year period, we will review our experience with the new
table format and will decide whether or not to retain the original
Identification of plan section (40 CFR 52.1535) for some further
period.
II. What EPA Is Doing in This Action
Today's action constitutes a ``housekeeping'' exercise to reformat
the codification of the EPA-approved New Hampshire SIP.
III. Good Cause Exemption
EPA has determined that today's action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon a finding of ``good cause,'' authorizes
agencies to dispense with public participation, and section 553(d)(3),
which allows an agency to make a rule effective immediately (thereby
avoiding the 30-day delayed effective date otherwise provided for in
the APA). Today's action simply reformats the codification of
provisions which are already in effect as a matter of law.
Under section 553 of the APA, an agency may find good cause where
procedures are ``impractical, unnecessary, or contrary to the public
interest.'' Public comment is ``unnecessary'' and ``contrary to the
public interest'' since the codification only reflects existing law.
Likewise, there is no purpose served by delaying the effective date of
this action.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to review by the Office of Management and Budget. This rule is
not subject to Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866. Because the agency has made a ``good
cause'' finding that this action is not subject to notice-and-comment
requirements under the Administrative Procedure Act or any other
statute as indicated in the Supplementary Information section above, it
is not subject to the regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202
and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L.
104-4). In addition, this action does not significantly or uniquely
affect small governments or impose a significant intergovernmental
mandate, as described in sections 203 and 204 of UMRA. This rule also
does not have a substantial direct effect on one or more Indian tribes,
on the relationship between the Federal Government and Indian tribes,
or on the distribution of power and responsibilities between the
Federal Government and Indian tribes, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000), nor will it have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997),
because it is not economically significant. This rule does not involve
technical standards; thus
[[Page 50120]]
the requirements of section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. The rule
also does not involve special consideration of environmental justice
related issues as required by Executive Order 12898 (59 FR 7629,
February 16, 1994). In issuing this rule, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct, as
required by section 3 of Executive Order 12988 (61 FR 4729, February 7,
1996). EPA has complied with Executive Order 12630 (53 FR 8859, March
15, 1998) by examining the takings implications of the rule in
accordance with the ``Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order. This rule does not impose an information
collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.). EPA's compliance with these statutes and Executive
Orders for the underlying rules is discussed in previous actions taken
on the State's rules.
B. Submission to Congress and the Comptroller General
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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the
Congressional Review Act if the agency makes a good cause finding that
notice and public procedure is impracticable, unnecessary or contrary
to the public interest. Today's action simply reformats the
codification of provisions which are already in effect as a matter of
law, 5 U.S.C. 808(2). As stated previously, EPA has made such a good
cause finding, including the reasons therefore, and established an
effective date of September 30, 2009. EPA will submit a report
containing this rule 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.
These corrections to the Identification of plan for New Hampshire is
not a ``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
EPA has also determined that the provisions of section 307(b)(1) of
the Clean Air Act pertaining to petitions for judicial review are not
applicable to this action. Prior EPA rulemaking actions for each
individual component of the New Hampshire SIP compilation had
previously afforded interested parties the opportunity to file a
petition for judicial review in the United States Court of Appeals for
the appropriate circuit within 60 days of such rulemaking action. Thus,
EPA sees no need to reopen the 60-day period for filing such petitions
for judicial review for this reorganization of the ``Identification of
plan'' section of 40 CFR 52.1520 for New Hampshire.
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 2, 2009.
Ira W. Leighton,
Acting Regional Administrator, EPA New England.
0
Part 52 of chapter I, title 40, Code of Federal Regulations, is amended
as follows:
PART 52--[AMENDED]
0
1. The authority for citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart EE--New Hampshire
Sec. 52.1520 [Redesignated as Sec. 52.1535]
0
2. Section 52.1520 is redesignated as Sec. 52.1535 and the section
heading and paragraph (a) are revised to read as follows:
Sec. 52.1535 Original identification of plan section.
(a) This section identifies the original ``Air Implementation Plan
for the State of New Hampshire'' and all revisions submitted by New
Hampshire that were federally approved prior to August 18, 2009.
* * * * *
0
3. A new Sec. 52.1520 is added to read as follows:
Sec. 52.1520 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan for New Hampshire under section 110 of the Clean
Air Act, 42 U.S.C. 7410 and 40 CFR part 51 to meet national ambient air
quality standards or other requirements under the Clean Air Act.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to August
18, 2009, 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 submitted by the state to EPA, and
notice of any change in the material will be published in the Federal
Register. Entries for paragraphs (c) and (d) of this section with EPA
approval dates after August 18, 2009, 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 August 18, 2009.
(3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, New England Regional
Office, One Congress Street, Suite 1100, Boston, MA 02114-2023; Air and
Radiation Docket and Information Center, EPA West Building, 1301
Constitution Ave., NW., Washington, DC 20460; and the National Archives
and Records Administration (NARA). If you wish to obtain materials from
the EPA Regional Office, please call (617) 918-1668; for materials from
a docket in the EPA Headquarters Library, please call the Office of Air
and Radiation (OAR) Docket at (202) 566-1742. For information on the
availability of this material at NARA, call (202) 741-6030, or go to:
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(c) EPA approved regulations.
[[Page 50121]]
EPA-Approved New Hampshire Regulations
----------------------------------------------------------------------------------------------------------------
State EPA approval
State citation Title/subject effective date date\1\ Explanations
----------------------------------------------------------------------------------------------------------------
Env-A 100........................ Organizational 12/24/1990 8/14/1992, 57 FR Sections Env-A
Rules: Definitions. 36603. 101.21; .27; .33;
.51; .53; .58;
.63; .98; and
Parts Env-A 102
and 103 are not
part of the
approved SIP.
Env-A 200........................ Procedural Rules... 7/23/2001 10/28/2002, 67 FR Parts Env-A 206;
65710. 208; and Sections
Env-A 209.01
through 209.04 are
not part of the
approved SIP.
Env-A 300........................ Ambient Air Quality 4/21/1989 8/19/1994, 59 FR Part Env-A 304 is
Standards. 42766. not part of the
approved SIP.
Env-A 400........................ Sulfur Content 12/24/1990 8/14/1992, 57 FR Section Env-A
Limits in Fuels. 36603. 405.05 (c) and
(d); and Part Env-
A 406 are not part
of the SIP.
Env-A 600........................ Statewide Permit 7/23/2001 10/28/2002, 67 FR Sections Env-A
System. 65710. 603.02(p),
603.03(f) and
603.03(g) are not
part of the SIP.
Parts Env-A 615
through 621 are
not part of the
SIP. Sections Env-
A 622.01(a)(2)(a)
and
622.01(a)(2)(b);
622.03; 622.04(a)
through 622.04(c);
622.05; 622.07 and
623.02 are not
part of the SIP.
Env-A 700........................ Permit Fee System.. 12/24/1990 8/14/1992, 57 FR Approved Parts Env-
36603. A 701 through 705.
Env-A 800........................ Testing and 8/21/1995 3/10/1998, 63 FR Approved Parts Env-
Monitoring 11600. A 801 through 807.
Procedures.
Env-A 900........................ Owner or Operator 8/21/1995 3/10/1998, 63 FR Approved Sections
Obligations. 11600. Env-A 901 through
903.
Env-A 1000....................... Prevention, 5/19/1989 8/19/1994, 59 FR Approved Part Env-A
Abatement, and 42766. 1001.
Control of Open
Source Air
Pollution.
Env-A 1200....................... Prevention, 8/21/1995 7/23/2002, 67 FR Approved Parts Env-
Abatement, and 48033. A 1201 through
Control of 1208; and 1211.
Stationary Source Approval of
Air Pollution. 1201.05 shall not
be construed to
supersede New
Source Performance
Standards;
National Emission
Standards for
Hazardous Air
Pollutants; and
the regulations
controlling
emissions from
major new or
modified
stationary sources
in attainment and
non-attainment
areas.
Env-A 1500....................... Conformity of 4/19/1996 8/16/1999, 64 FR Approved Part Env-A
General Federal 44417. 1502.
Actions.
Env-A 3200....................... NOx Budget Trading 7/27/1998 11/14/2000, 65 FR Approved Parts Env-
Program. 68078. A 3201 through
3218.
Env-A 3600....................... National Low 7/21/1999 3/9/2000, 65 FR Approved Parts Env-
Emission Vehicle 12476. A 3601 through
(National LEV) 3603
Program.
NHCAR, Part Saf-C 3221A.......... Emission Amendments 11/17/1998 1/10/2001, 66 FR Part Saf-C 3221A
to Official Motor 1868. ``Emission
Vehicle Inspection Amendments to
Requirements.. Official Motor
Vehicle Inspection
Requirements''
adopted on
November 17, 1998.
NHCAR, Part Saf-C 5800........... Roadside Diesel 11/17/1998 1/10/2001, 66 FR Part Saf-C 5800
Opacity Inspection 1868. ``Roadside Diesel
Program Rules. Opacity Inspection
Program Rules''
adopted on
November 17, 1998.
----------------------------------------------------------------------------------------------------------------
\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.
(d) EPA-approved State Source specific requirements.
[[Page 50122]]
EPA-Approved New Hampshire Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
Additional
Name of source Permit No. State EPA approval date explanations/Sec.
effective date \2\ 52.1535 citation
----------------------------------------------------------------------------------------------------------------
The James River--Berlin/Gorham, ................... 5/2/1984 9/27/1984, 49 FR See 52.1535(c)(33).
Inc. Berlin, NH. 38104. Administrative
order issued May
2, 1984 to the
James River
Corporation.
Operating limits for boilers at Permit Number PO-B- 1/6/1986 2/2/1987, 52 FR See 52.1535(c)(35).
Dartmouth College. 1501, condition 5. 3117.
Operating limits for boilers at Permit Number PO-B- 1/6/1986 2/2/1987, 52 FR See 52.1535(c)(35).
Dartmouth College. 1502, condition 5. 3117.
Operating limits for boilers at Permit No. PO-B- 1/6/1986 2/2/1987, 52 FR See 52.1535(c)(35).
Dartmouth College. 1503, condition 5. 3117.
Operating limits for boilers at Temporary Permit TP- 1/6/1986 2/2/1987, 52 FR See 52.1535(c)(35).
Dartmouth College. B-150, condition 3117.
2, 3 and 4.
The James River Corporation, Permit Number PO-B- 9/6/1985 12/14/1987, 52 FR See 52.1535(c)(38).
Groveton, NH. 1550, Conditions 47392. The air permit
5B, 5C, and 5D. conditions limit
sulfur-in-fuel
content to 2.2%
sulfur by weight
at the James River
Corporation,
Groveton, NH.
The James River Corporation, Permit Number PO-B- 9/6/1985 12/14/1987, 52 FR See 52.1535(c)(38).
Groveton, NH. 213, Conditions 2 47392. The air permit
and 5A. conditions limit
sulfur-in-fuel
content to 2.2%
sulfur by weight
at the James River
Corporation,
Groveton, NH.
The James River Corporation, Permit No. PO-B- 9/6/1985 12/14/1987, 52 FR See 52.1535(c)(38).
Groveton, NH. 214, Conditions 2 47392. The air permit
and 5A. conditions limit
sulfur-in-fuel
content to 2.2%
sulfur by weight
at the James River
Corporation,
Groveton, NH.
The James River Corporation, Permit No. PO-B- 9/6/1985 12/14/1987, 52 FR See 52.1535(c)(38).
Groveton, NH. 215, Conditions 2 47392. The air permit
and 5A. conditions limit
sulfur-in-fuel
content to 2.2%
sulfur by weight
at the James River
Corporation,
Groveton, NH.
The James River Corporation, Permit No. PO-BP- 9/6/1985 12/14/1987, 52 FR See 52.1535(c)(38).
Groveton, NH. 2240, Condition 5B. 47392. The air permit
conditions limit
sulfur-in-fuel
content to 2.2%
sulfur by weight
at the James River
Corporation,
Groveton, NH.
Source specific NOX RACT order Order ARD-95-001... 5/10/1995 4/9/1997, 62 FR See 52.1535(c)(50).
for Groveton Paperboard Corp., 17087.
Groveton, NH.
Source specific NOX RACT order Order ARD-95-002... 9/12/1995 4/9/1997, 62 FR See 52.1535(c)(50).
for Plymouth Cogeneration Ltd. 17087.
Partnership, Plymouth, NH.
Source specific NOX RACT order Order ARD-95-003... 9/19/1995 4/9/1997, 62 FR See 52.1535(c)(50).
for Waterville Valley Ski Area 17087.
Ltd., Waterville Valley, NH.
VOC RACT for L.W. Packard and Order ARD-94-001... 5/5/1995 3/10/1998, 63 FR See 52.1535(c)(51).
Company, Inc. Ashland, NH. 11600.
VOC RACT for Kalwall Corporation, Order ARD-95-010... 9/10/1996 3/10/1998, 63 FR See 52.1535(c)(51).
Manchester, NH. 11600.
VOC RACT for Textile Tapes Order ARD-96-001... 10/4/1996 3/10/1998, 63 FR See 52.1535(c)(51).
Corporation, Gonic, NH. 11600.
Source specific NOX RACT order Order ARD-97-001... 4/14/1997 5/13/1998, 63 FR See 52.1535(c)(54).
for Public Service of New 26455.
Hampshire, Bow, NH.
Source specific NOX RACT order Order ARD-95-011... 5/6/1997 5/13/1998, 63 FR See 52.1535(c)(54).
for Hampshire Chemical 26455.
Corporation, Nashua, NH.
Source specific NOX RACT order Order ARD-97-003... 9/24/1997 5/13/1998, 63 FR See 52.1535(c)(54).
for Crown Vantage, Berlin, NH. 26455.
[[Page 50123]]
Source-specific NOX RACT order Order ARD-98-001... 7/17/1998 11/14/2000, 65 FR See 52.1535(c)(64).
and discrete emission reduction 68078.
protocols for Public Service of
New Hampshire.
VOC RACT for Anheuser-Busch, Order ARD-00-001... 4/15/2002 7/23/2002, 67 FR See 52.1535(c)(68).
Merrimack, NH. 48033.
----------------------------------------------------------------------------------------------------------------
\2\ 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.
(e) Nonregulatory.
New Hampshire NonRegulatory
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of nonregulatory SIP geographic or submittal date/ EPA approved date Explanations
provision nonattainment area effective date \3\
----------------------------------------------------------------------------------------------------------------
``State of New Hampshire Statewide.......... 1/27/1972 5/31/1972, 37 FR The plan was
Implementation Plan''. 10842. officially
submitted on
January 27, 1972.
Miscellaneous non-regulatory Statewide.......... 2/23/1972 7/27/1972, 37 FR See 52.1535(c)(1).
additions to the plan correcting 15080.
minor deficiencies.
Non-regulatory provisions for Statewide.......... 3/23/1972 7/27/1972, 37 FR See 52.1535(c)(2).
retention and availability of 15080.
air quality data.
Attainment dates of national Statewide.......... 8/8/1972 9/22/1972, 37 FR See 52.1535(c)(3).
primary and secondary air 19806.
quality standards.
Compliance schedules............. Statewide.......... 2/14/1973 6/20/1973, 38 FR See 52.1535(c)(5).
16144.
Compliance schedules............. Statewide.......... 3/22/1973 6/20/1973, 38 FR See 52.1535(c)(6).
16144.
Revision exempting steam Statewide.......... 4/3/1973 12/14/1973, 38 FR See 52.1535(c)(7).
locomotives from the plan. 34476.
AQMA identification material..... Statewide.......... 5/20/1974 6/2/1975, 40 FR See 52.1535(c)(9).
23746.
Attainment plans to meet the Statewide.......... 5/29/1979 4/11/1980, 45 FR See 52.1535(c)(12).
requirements of Part D for 24869.
carbon monoxide for Metropolitan
Manchester and ozone for AQCR
121, programs for the review of
construction and operation of
new and modified major
stationary sources of pollution
in both attainment and non-
attainment areas and certain
miscellaneous provisions.
November 6, 1979 letter from New Statewide.......... 11/6/1979 4/11/1980, 45 FR See 52.1535(c)(12).
Hampshire Assistant Attorney 24869.
General.
March 17, 1980 letter addressing Statewide.......... 3/17/1980 4/11/1980, 45 FR See 52.1535(c)(12).
external emission offsets. 24869.
Attainment plans to meet the Areas designated 9/19/1979 6/23/1980, 45 FR See 52.1535(c)(13).
requirements of Part D for total non-attainment for 41942.
suspended particulates and one or more
sulfur dioxide in Berlin, NH. pollutants.
A plan to provide comprehensive Statewide.......... 2/28/1980 9/9/1980, 45 FR See 52.1535(c)(15).
public participation and an 59313.
analysis of the effects of the
New Hampshire 1979 SIP revisions.
A comprehensive air quality Statewide.......... 1/30/80 12/18/1980, 45 FR See 52.1535(c)(17).
monitoring plan, intended to 83227.
meet requirements of 40 CFR Part
58.
[[Page 50124]]
A plan to attain and maintain the Statewide.......... 4/15/1980 7/15/1981, 46 FR See 52.1535(c)(18).
National Ambient Air Quality 36699.
Standard for lead and to amend
the state's air quality
standards.
A letter further explaining the Statewide.......... 12/9/1980 7/15/1981, 46 FR See 52.1535(c)(18).
state procedures for review of 36699.
new major sources of lead
emissions and confirming the use
of reference methods.
Revisions to meet the City of Manchester. 1/12/1981 1/7/1982, 47 FR 763 See 52.1535(c)(19).
requirements of Part D and These revisions
certain other sections of the supplement the
Clean Air Act, as amended, for 1979 CO attainment
attaining carbon monoxide plan.
standards in the City of
Manchester.
Revision to the January 12, 1981 City of Manchester. 2/18/1981 1/7/1982, 47 FR 763 See 52.1535(c)(19).
CO Attainment Plan for
Manchester, NH.
Carbon monoxide attainment plan City of Manchester. 10/5/1982 6/27/1983, 48 FR See 52.1535
revisions for the City of 29479. (c)(23).
Manchester which meet the
requirements of Part D of the
Act for 1982 SIP revisions.
Revision to the October 5, 1982 City of Manchester. 12/20/1982 6/27/1983, 48 FR See 52.1535(c)(23).
CO Attainment Plan for 29479.
Manchester, NH.
The TSP Plan to attain primary Berlin, NH......... 5/9/1984 9/27/1984, 49 FR See 52.1535(c)(33).
standards in Berlin, New 38104.
Hampshire.
Letter from the New Hampshire Air Statewide.......... 4/26/1985 9/17/1987, 52 FR See 52.1535(c)(37).
Resources Commission submitting 35081.
revisions to the SIP.
Letter interpreting NH's Statewide.......... 1/20/1986 9/17/1987, 52 FR See 52.1535(c)(37).
regulation for Continuous 35081.
Emission Monitoring Systems.
NH Letter of intent to implement Statewide.......... 5/12/1987 9/17/1987, 52 FR See 52.1535(c)(37).
applicable emission limits 35081.
required by EPA's New Source
Performance Standard (NSPS).
Letter submitting a revision to Nashua and 11 9/12/1985 8/25/1988, 53 FR See 52.1535(c)(39).
the CO Attainment Plan for the surrounding towns. 32391. Attainment plans
City of Nashua, NH. for carbon
monoxide for the
City of Nashua
including an
extension of the
attainment date to
December 31, 1990.
Narrative submittals, including Nashua and 11 2/26/1985 8/25/1988, 53 FR See 52.1535(c)(39).
an attainment demonstration for surrounding towns. 32391.
carbon monoxide for the City of
Nashua.
Letter identifying extensions to Nashua and 11 12/3/1985 8/25/1988, 53 FR See 52.1535(c)(39).
the Nashua intersection-specific surrounding area. 32391.
measures (Build I).
Letter submitting final motor Nashua and 11 10/7/1986 8/25/1988, 53 FR See 52.1535(c)(39).
vehicle emissions inspection surrounding towns. 32391.
(I&M) program for the Nashua, NH
area.
[[Page 50125]]
Letter from Governor John H. Nashua and 11 3/6/1987 8/25/1988, 53 FR See 52.1535(c)(39).
Sununu to Michael R. Deland surrounding towns. 32391.
committing to take legislative
measures to convert the
Inspection/Maintenance program
in the Nashua area to the use of
computerized emission analyzers
in the event that the program is
found to not be achieving the
necessary emission reductions.
Letter from NH DES, Air Resources Nashua and 11 5/12/1987 8/25/1988, 53 FR See 52.1535(c)(39).
Division providing additional surrounding towns. 32391.
information on Nashua
intersection-specific traffic
flow improvements in Nashua, NH
CO Attainment Plan.
Letter from NH DES, Air Resources Nashua and 11 10/15/1987 8/25/1988, 53 FR See 52.1535(c)(39).
Division submitting additions to surrounding towns. 32391.
the Nashua, NH CO Attainment
Plan.
Letter from the New Hampshire Air Statewide.......... 7/6/1989 8/19/1994, 59 FR See 52.1535(c)(40).
Resources Division dated July 6, 42766.
1989 submitting revisions to the
NH SIP.
Letter from the New Hampshire Air Statewide.......... 2/12/1991 8/14/1991, 56 FR See 52.1535(c)(41).
Resources Division dated 40252.
February 12, 1991 submitting a
revision to the NH SIP.
Nonregulatory portions of the Statewide.......... 2/12/1991 8/14/1991, 56 FR See 52.1535(c)(41).
State submittal. 40252.
Letter from the New Hampshire Air Statewide.......... 11/21/1989 6/13/1991, 56 FR See 52.1535(c)(43).
Resources Division dated 27197.
November 21, 1989 submitting a
revision to the NH SIP.
Letter from Robert W. Varney, Statewide.......... 11/21/1989 6/13/1991, 56 FR See 52.1535(c)(43).
Commissioner of the Department 27197.
of Environmental Services of New
Hampshire, to John B. Hammond,
Acting Director of the New
Hampshire Office of Legislative
Services, dated November 15,
1989, adopting final rules.
Letter from the New Hampshire Air Statewide.......... 9/12/1990 12/12/1991, 56 FR See 52.1535(c)(44).
Resources Division dated 64703.
September 12, 1990 submitting a
revision to the NH SIP that
withdraws nine source-specific
operating permits incorporated
by reference at 40 CFR
52.1535(c)(21), (c)(25) and
(c)(32).
Letter from the New Hampshire Air Statewide.......... 7/2/1991 12/12/1991, 56 FR See 52.1535(c)(44).
Resources Division dated July 2, 64703.
1991 submitting documentation of
a public hearing.
[[Page 50126]]
Letter from the New Hampshire Air Statewide.......... 2/12/1991 8/14/1992, 57 FR See 52.1535(c)(45).
Resources Division dated 36603.
February 12, 1991 submitting
revisions to the NH SIP.
Letter from the New Hampshire Air Statewide.......... 5/7/1991 8/14/1992, 57 FR See 52.1535(c)(45).
Resources Division dated May 7, 36603.
1991 withdrawing certain portion
of the February 12, 1991 SIP
submittal.
Letter from the New Hampshire Air Statewide.......... 8/20/1991 8/14/1992, 57 FR See 52.1535(c)(45).
Resources Division dated August 36603.
20, 1991 withdrawing certain
portion of the February 12, 1991
SIP submittal.
Letter from the New Hampshire Air Statewide.......... 8/26/1991 8/14/1992, 57 FR See 52.1535(c)(45).
Resources Division dated August 36603.
26, 1991 withdrawing certain
portion of the February 12, 1991
SIP submittal.
Letter from the New Hampshire Air Statewide.......... 3/6/1992 8/14/1992, 57 FR See 52.1535(c)(45).
Resources Division dated March 36603.
6, 1992 withdrawing certain
portion of the February 12, 1991
SIP submittal.
Letter from the New Hampshire Air Statewide.......... 5/6/1992 8/14/1992, 57 FR See 52.1535(c)(45).
Resources Division dated May 6, 36603.
1992 withdrawing certain portion
of the February 12, 1991 SIP
submittal.
Letter from the New Hampshire Air Statewide.......... 5/15/1992 1/19/1993, 58 FR See 52.1535(c)(46).
Resources Division dated May 15, 4902. Revisions to the
1992 submitting a revision to SIP consisting of
the NH SIP. amendments to
Emission Control
Methods for
Cutback and
Emulsified
Asphalt.
Letter from the New Hampshire Air Statewide.......... 5/15/1992 5/25/1993, 58 FR See 52.1535(c)(47).
Resources Division dated May 15, 29973.
1992 submitting a revision to
the NH SIP.
Letter from the New Hampshire Air Statewide.......... 12/21/1992 4/9/1997, 62 FR See 52.1535(c)(49).
Resources Division dated 17087.
December 21, 1992, submitting
revisions to the NH SIP.
Letter from the New Hampshire Air Statewide.......... 6/17/1994 4/9/1997, 62 FR See 52.1535(c)(49).
Resources Division dated June 17087.
17, 1994 submitting revisions to
the NH SIP.
Letter from the New Hampshire Air Statewide.......... 7/7/1995 4/9/1997, 62 FR See 52.1535(c)(50).
Resources Division dated July 7, 17087.
1995 submitting revisions to the
NH SIP.
Letter from the New Hampshire Air Statewide.......... 9/18/1995 4/9/1997, 62 FR See 52.1535(c)(50).
Resources Division dated 17087.
September 18, 1995 submitting
revisions to the NH SIP.
[[Page 50127]]
Letter from the New Hampshire Air Statewide.......... 10/18/1995 4/9/1997, 62 FR See 52.1535(c)(50).
Resources Division dated October 17087.
18, 1995, submitting revisions
to the NH SIP.
Letter from the New Hampshire Air Gonic, NH.......... 12/9/1996 3/10/1998, 63 FR See 52.1535(c)(51).
Resources Division dated 11600.
December 9, 1996 submitting
revisions to the NH SIP.
Letter from the New Hampshire Air Statewide.......... 6/28/1996 3/10/1998, 63 FR See 52.1535(c)(51).
Resources Division dated June 11600.
28, 1996 submitting revisions to
the NH SIP.
Letter from the New Hampshire Air Manchester, NH..... 10/24/1996 3/10/1998, 63 FR See 52.1535(c)(51).
Resources Division dated October 11600.
24, 1996 submitting revisions to
the NH SIP.
Letter from the New Hampshire Air Statewide.......... 7/10/1995 3/10/1998, 63 FR See 52.1535(c)(51).
Resources Division dated July 11600.
10, 1995 submitting revisions to
the NH SIP.
Letter from the New Hampshire Air Statewide.......... 12/21/1992 3/10/1998, 63 FR See 52.1535(c)(51).
Resources Division dated 11600.
December 21, 1992 submitting
revisions to the NH SIP.
Letter dated November 21, 1997 Statewide.......... 11/21/1997 3/10/1998, 63 FR See 52.1535(c)(51).
withdrawing Env-A 1204.06 from 11600.
the SIP submittal.
NH-DES letter dated December 13, Statewide.......... 12/13/1994 10/27/1997, 62 FR See 52.1535(c)(52).
1994, and signed by Thomas M. 55521.
Noel, Acting Director, NH DES.
State of New Hampshire Statewide.......... 12/13/1994 10/27/1997, 62 FR See 52.1535(c)(52).
Photochemical Assessment 55521.
Monitoring Stations--Network
Plan--Network Overview.
Letter from the New Hampshire Air Portsmouth-Dover- 8/29/1996 10/27/1997, 62 FR See 52.1533.
Resources Division dated August Rochester serious 55521. Revisions to the
29, 1996 submitting a revision ozone SIP for the
to the NH SIP. nonattainment purpose of
area, and the NH satisfying the
portion of the rate-of-progress
Boston-Lawrence- requirement of
Worcester serious section 182(b) and
ozone the contingency
nonattainment area. measure
requirement of
section 172(c)(9)
of the Clean Air
Act.
Letter from the New Hampshire Air Statewide.......... 4/14/1997 5/13/1998, 63 FR See 52.1535(c)(54).
Resources Division dated April 26455.
14, 1997 submitting revisions to
the NH SIP.
Letter from the New Hampshire Air Nashua, NH......... 5/6/1997 5/13/1998, 63 FR See 52.1535(c)(54).
Resources Division dated May 6, 26455.
1997 submitting revisions to the
NH SIP.
Letter from the New Hampshire Air Statewide.......... 9/24/1997 5/13/1998, 63 FR See 52.1535(c)(54).
Resources Division dated 26455.
September 24, 1997 submitting
revisions to the NH SIP.
[[Page 50128]]
Letter from the New Hampshire Air Statewide.......... 7/27/1998 11/14/2000, 65 FR See 52.1535(c)(57).
Resources Division dated July 68078.
27, 1998 submitting a revision
to the NH SIP.
Letter from the New Hampshire Air Statewide.......... 11/24/1992 12/7/1998, 63 FR See 52.1535(c)(58).
Resources Division dated 67405.
November 24, 1992 submitting a
revision to the New Hampshire
State Implementation Plan.
New Hampshire Department of Statewide.......... 11/24/1992 12/7/1998, 63 FR See 52.1535(c)(58).
Environmental Services ``Stage 67405.
II Equivalency Demonstration,''
dated November 1992.
Nonregulatory portions of the Statewide.......... 7/2/1993 12/7/1998, 63 FR See 52.1535(c)(58).
submittal. 67405. NH's Gasoline
Vapor Recovery
Testing Procedures
and Inspection
Manual.
Letter from the New Hampshire Air Statewide.......... 11/20/1998 1/10/2001, 66 FR See 52.1535(c)(59).
Resources Division dated 1868.
November 20, 1998 submitting a
revision to the NH SIP.
Letter from the New Hampshire Air Statewide.......... 9/4/1998 1/10/2001, 66 FR See 52.1535(c)(59).
Resources Division dated 1868.
September 4, 1998 submitting a
revision to the NH SIP.
Document entitled ``Alternative Statewide.......... 9/4/1998 1/10/2001, 66 FR See 52.1535(c)(59).
New Hampshire Motor Vehicle 1868.
Inspection/Maintenance State
Implementation Plan Revision''
dated September 4, 1998.
Letter from the New Hampshire Air Statewide.......... 8/9/2001 10/28/2002, 67 FR See 52.1535(c)(60).
Resources Division dated August 65710.
6, 2001 submitting a revision to
the NH SIP.
Letter from the New Hampshire Air Statewide.......... 4/26/1995 10/28/2002, 67 FR See 52.1535(c)(60).
Resources Division dated April 65710.
26, 1995 submitting a revision
to the NH SIP.
Nonregulatory portions of the Statewide.......... 4/26/1995 10/28/2002, 67 FR See 52.1535(c)(60).
State submittal.. 65710.
Document entitled ``New Hampshire Statewide.......... 7/9/1998 9/29/1999, 64 FR See 52.1535(c)(61).
Stage II Comparability 52434..
Analysis,'' prepared by the New
Hampshire Department of
Environmental Services, dated
July 1, 1998.
Letter from the New Hampshire Statewide.......... 6/7/1994 9/29/1999, 64 FR See 52.1535(c)(62).
Department of Environmental 52434..
Services dated June 7, 1994
submitting a revision to the NH
SIP.
Document entitled ``Clean Fuel Statewide.......... 6/7/1994 9/29/1999, 64 FR See 52.1535(c)(62).
Fleet Equivalency 52434..
Demonstration,'' prepared by the
New Hampshire Department of
Environmental Services, dated
May, 1994.
[[Page 50129]]
Letter from the New Hampshire Statewide.......... 7/10/1996 8/16/1999, 64 FR See 52.1535(c)(63).
Department of Environmental
