Approval and Promulgation of Air Quality Implementation Plans; New Hampshire; Nonattainment New Source Review and Prevention of Significant Deterioration Program, 57722-57725 [2015-23176]
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Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0767]
Drawbridge Operation Regulation;
Hood Canal, Port Gamble, WA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation; extension and
modification.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard has
extended and modified a temporary
deviation from the operating schedule
that governs the Hood Canal Floating
Drawbridge across Hood Canal
(Admiralty Inlet), mile 5.0, near Port
Gamble, WA. The temporary deviation
is now effective until 7 p.m. on October
19, 2015 and allows the bridge to open
the draw span half-way, 300 feet; as
opposed to all the way, which is 600
feet, with at least one hour’s notice and
only at or near slack tide.
DATES: The temporary deviation
published in the Federal Register on
August 21, 2015 (80 FR 50768), and as
modified herein, is effective from
September 25, 2015, until 7 p.m. on
October 19, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2015–0767] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. You may
also visit the Docket Management
Facility in Room W12–140 on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION: On August
21, 2015 the Coast Guard published a
notice of temporary deviation at 80 FR
50768 from the operating schedule that
governs the Hood Canal Floating
Drawbridge across Hood Canal
(Admiralty Inlet), mile 5.0, near Port
Gamble, WA allowing the bridge to
open the draw span half-way, 300 feet;
as opposed to all the way, which is 600
feet. The Coast Guard is extending the
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end date of the previously published
temporary deviation until 7 p.m. on
October 19, 2015 as additional time is
necessary for the Washington State
Department of Transportation to
complete the replacement of the bridge’s
draw span anchors. The temporary
deviation is also modified to require
opening with at least one hour’s notice
and only at or near slack tide. The
former clarifies that the requirement for
at least one hour’s notice from the
normal operating schedule is still in
place during the temporary deviation
and the latter is necessary to ensure the
bridge does not move when opened
during draw span anchor replacement.
All other information provided in the
temporary deviation published on
August 21, 2015 at 80 FR 50768
continues to apply.
Dated: September 22, 2015.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2015–24363 Filed 9–24–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2014–0796; EPA–R01–
OAR–2014–0862; A–1–FRL–9933–92–
Region 1]
Approval and Promulgation of Air
Quality Implementation Plans; New
Hampshire; Nonattainment New
Source Review and Prevention of
Significant Deterioration Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of New
Hampshire on November 15, 2012. This
revision amends New Hampshire’s
Prevention of Significant Deterioration
(PSD) and Nonattainment New Source
Review (NNSR) programs to make the
programs consistent with the federal
requirements. EPA is also conditionally
approving a commitment from the state
to submit revised regulations addressing
three elements of EPA’s PSD and NNSR
programs that were not submitted with
the November 15, 2012 submittal. EPA
is also approving revisions to two
definitions related to New Hampshire’s
permitting programs that were
submitted on July 1, 2003. This action
is being taken in accordance with the
Clean Air Act.
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This rule is effective on October
26, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2014–0796 and EPA–R01–OAR–2014–
0862. All documents in the docket are
listed on the www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the U.S. Environmental Protection
Agency, EPA New England Regional
Office, Office of Ecosystem Protection,
Air Permits, Toxics, and Indoor
Programs Unit, 5 Post Office Square—
Suite 100, Boston, MA. EPA requests
that if at all possible, you contact the
contact listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
Copies of the documents relevant to
this action are also available for public
inspection during normal business
hours, by appointment at the Air
Resources Division, Department of
Environmental Services, 6 Hazen Drive,
P.O. Box 95, Concord, NH 03302–0095.
FOR FURTHER INFORMATION CONTACT:
Brendan McCahill, U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, Air Permits, Toxics, and
Indoor Programs Unit, 5 Post Office
Square—Suite 100, (mail code OEP05–
2), Boston, MA 02109—3912, telephone
number (617) 918–1652, Fax number
(617) 918–0652, email
mccahill.brendan@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.
DATES:
I. Background and Purpose
II. What action is EPA approving in this
document?
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On January 21, 2015 (80 FR 2860),
EPA published a Notice of Proposed
Rulemaking (NPR) for the State of New
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Hampshire. The NPR proposed to
approve a November 15, 2012 SIP
submittal revising the state’s PSD
program under PART Env-A 619,
‘‘Prevention of Significant
Deterioration.’’ The NPR also proposed
to approve a July 21, 2003 SIP submittal
revising the following definitions under
PART Env-A 101, ‘‘Definitions;’’ (1)
‘‘minor permit amendment,’’ and (2)
‘‘state permit to operate.’’
On April 24, 2015 EPA (80 FR 22956),
EPA published a separate NPR for the
state of New Hampshire. The NPR
proposed to approve a separate portion
of the November 15, 2012 SIP submittal
revising the state’s NNSR program
under PART Env-A 618,
‘‘Nonattainment New Source Review’’
The NPR also reaffirmed EPA’s January
21, 2015 proposed approval of the
November 15, 2012 SIP submittal
revising PART Env-A 619, ‘‘Prevention
of Significant Deterioration’’ and the
July 21, 2003 SIP submittal revising
PART Env-A 101, ‘‘Definitions.’’
In addition, the April 24, 2015 NPR
proposed to conditionally approve the
New Hampshire Department of
Environmental Services’ (NHDES)
commitment to submit revised
regulations addressing the following
three provisions of the federal NNSR
and PSD programs:
• Provisions at 40 CFR 51.165(a)(5)(i)
that state approval to construct shall not
relieve any owner or operator of the
responsibility to comply fully with
applicable provisions of the plan and
any other requirements under local,
State or Federal law;
• Provisions at 40 CFR 51.165(a)(6)
and (a)(7) that meet the federal
regulations applicable to projects at
major stationary sources that are not
major modifications based on the actualto-projected actual test but have a
‘‘reasonable possibility’’ of resulting in
a significant emission increase; and
• Provisions at 40 CFR
51.166(q)(2)(iv) requiring notice of a
draft PSD permit to state air agencies
whose lands may be affected by
emissions from the permitted source.
The specific requirements for the two
SIP submittals and the rationale for
EPA’s proposed actions are explained in
the January 21, 2015 and April 24, 2015
NPRs and will not be restated here. EPA
did not receive any public comments on
the April 24, 2015 NPR.
II. What action is EPA approving in this
document?
EPA is approving and incorporating
into the SIP, PART Env-A 618,
‘‘Nonattainment New Source Review’’
and PART Env-A 619, ‘‘Prevention of
Significant Deterioration’’ that New
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Hampshire submitted on November 15,
2012. EPA is approving New
Hampshire’s definitions of ‘‘minor
permit amendment,’’ and ‘‘state permit
to operate’’ under PART Env-A 101,
‘‘Definitions’’ into the SIP.
Additionally, EPA is approving the
commitment letter submitted by the
NHDES on March 20, 2015, in which
the NHDES committed to adopt revised
NNSR and PSD regulations to address
three provisions required by the federal
NNSR and PSD program regulations. In
that letter, NHDES committed to adopt
these revisions no later than one year
from the date of EPA’s conditional
approval, and to submit them to EPA for
approval into the SIP.
fully approved in their entirety and will
replace the conditional approval in the
SIP.
If the conditional approval is
converted to a disapproval, such action
will trigger EPA’s authority to impose
sanctions under section 110(m) of the
CAA at the time EPA issues the final
disapproval or on the date the State fails
to meet its commitment. In the latter
case, EPA will notify the State by letter
that the conditional approval has been
converted to a disapproval and that
EPA’s sanctions authority has been
triggered. In addition, the final
disapproval triggers the Federal
implementation plan (FIP) requirement
under section 110(c).
III. Final Action
EPA is approving New Hampshire’s
July 23, 2003 SIP submittal amending
the definitions of ‘‘minor permit
amendment,’’ and ‘‘state permit to
operate’’ under PART Env-A 101,
‘‘Definitions.’’
EPA is approving New Hampshire’s
November 15, 2012 SIP submittal
amending PART Env-A 618,
‘‘Nonattainment New Source Review’’
and PART Env-A 619, ‘‘Prevention of
Significant Deterioration.’’ With this
action, PART Env-A 618 and PART EnvA 619 will supersede all other NNSR
and PSD Program regulations currently
approved in New Hampshire’s SIP.
EPA is conditionally approving
NHDES’s commitment to adopt and
submit to EPA by September 26, 2016
revised NNSR and PSD regulations
which address the following provisions
of the federal NNSR and PSD program
regulations:
• Provisions at 40 CFR 51.165(a)(5)(i),
• Provisions at 40 CFR 51.165(a)(6)
and (a)(7), and
• Provisions at 40 CFR
51.166(q)(2)(iv).
If the State fails to do so, the State’s
commitment to address these three
provisions will become a disapproval on
that date. EPA will notify the State by
letter that this action has occurred. At
that time, this commitment will no
longer be a part of the approved New
Hampshire SIP. EPA subsequently will
publish a document in the Federal
Register notifying the public that the
conditional approval automatically
converted to disapproval. If the State
meets its commitment, within the
applicable time frame, the conditionally
approved submission will remain a part
of the SIP until EPA takes final action
approving or disapproving the State’s
SIP submittal of the revised NNSR and
PSD regulations which address the three
provisions. If EPA approves the
submittal, the three provisions will be
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of PART
Env-A 618, ‘‘Nonattainment New Source
Review;’’ PART Env-A 619, ‘‘Prevention
of Significant Deterioration;’’ and PART
Env-A 101, ‘‘Definitions’’ described in
the amendments to 40 CFR part 52 set
forth below. The EPA has made, and
will continue to make, these documents
generally available electronically
through www.regulations.gov and/or in
hard copy at the appropriate EPA office
(see the ADDRESSES section of this
preamble for more information).
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V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
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under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Publ. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 24,
2015. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart EE—New Hampshire
2. Section 52.1519 is amended by
adding paragraph (a)(5) to read as
follows:
■
§ 52.1519 Identification of plan—
conditional approval.
(a) * * *
*
*
*
*
(5) On November 15, 2012, the New
Hampshire Department of
Environmental Services (NHDES)
submitted to a request to amend New
Hampshire’s Chapter Env-A 600
‘‘Statewide Permit System’’ as a revision
to New Hampshire’s State
Implementation Plan. The amendment
included revisions to the state’s
Nonattainment New Source Review
(NNSR) and the Prevention of
Significant Deterioration (PSD)
programs. On March 20, 2015, New
Hampshire submitted a letter to EPA
committing to adopt revised regulations
which address the provisions at 40 CFR
51.165(a)(5)(i) and (a)(6) and (7) and
51.166(q)(2)(iv) required for EPA to fully
approve New Hampshire’s NNSR and
PSD Programs.
*
*
*
*
*
*
3. In § 52.1520, the table in paragraph
(c) is amended by revising the entries
for Env-A 100 ‘‘Organizational Rules:
Definitions’’ and Env-A 600 ‘‘Statewide
Permit System’’ to read as follows:
■
Dated: August 27, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
§ 52.1520
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State citation
Title/subject
State effective
date
EPA approval date 1
Explanations
Organizational
Rules: Definitions.
May 3, 2003 .........
September 25, 2015 [Insert Federal
Register citation].
Adding definition of ‘‘Minor permit
amendment’’ and ‘‘State permit to
operate.’’
*
Env-A 600 ..............
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Env-A 100 ..............
*
Statewide Permit
System.
*
September 1, 2012
*
*
September 25, 2015 [Insert Federal
Register citation].
*
*
Approve revisions to Env-A 618
‘‘NNSR’’ & Env-A 619 ‘‘PSD Program’’ and withdrawal of Env-A 610
and 622 ‘‘NNSR Program,’’ and
Env-A 623 ‘‘PSD Program.’’
*
*
*
*
*
*
1 In
*
order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
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*
*
*
*
*
[FR Doc. 2015–23176 Filed 9–24–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2015–0369; FRL–9933–22–
Region 9]
Revisions to the California State
Implementation Plan, Monterey Bay
Unified Air Pollution Control District,
Ventura County Air Pollution Control
District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the
Monterey Bay Unified Air Pollution
Control District (MBUAPCD) and the
Ventura County Air Pollution Control
District (VCAPCD) portions of the
California State Implementation Plan
(SIP). Under authority of the Clean Air
Act (CAA or the Act), we are approving
local rules that address volatile organic
compound (VOC) emissions from the
transfer of gasoline into vehicle fuel
tanks, and from the transfer or
dispensing of liquefied petroleum gas
(LPG).
DATES: These rules are effective on
November 24, 2015 without further
notice, unless EPA receives adverse
comments by October 26, 2015. If we
receive such comments, we will publish
a timely withdrawal in the Federal
Register to notify the public that this
direct final rule will not take effect.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2015–0369, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or email.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send email
directly to EPA, your email address will
be automatically captured and included
as part of the public comment. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Docket: Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
57725
California. While all documents in the
docket are listed at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps), and some may not
be publicly available in either location
(e.g., CBI). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
James Shears, EPA Region IX, (213)
244–1810, shears.james@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rules?
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
C. EPA recommendations to further
improve the rules
D. Public comment and final action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rules did the State submit?
Table 1 lists the rules we are
approving with the dates that they were
adopted by the local air agencies and
submitted by the California Air
Resources Board.
TABLE 1—SUBMITTED RULES
Local agency
Rule #
MBUAPCD ..............................
VCAPCD .................................
1002
74.33
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On April 30, 2015, EPA determined
that the submittals for MBUAPCD Rule
1002 and VCAPCD Rule 74.33 each met
the completeness criteria in 40 CFR part
51 Appendix V, which must be met
before formal EPA review.
B. Are there other versions of these
rules?
We approved an earlier version of
MBUAPCD Rule 1002 into the SIP on
January 2, 2008 (73 FR 48). There is no
previous version of VCAPCD Rule 74.33
in the SIP.
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Adopted/
revised
Rule title
Transfer of Gaslone into Vehicle Fuel Tanks .........................
Liquefied Petroleum Gas Transfer or Dispensing ..................
C. What is the purpose of the submitted
rules?
Section 110(a) of the CAA requires
States to submit regulations that control
VOCs, oxides of nitrogen, particulate
matter, and other air pollutants which
harm human health and the
environment. VOC rules were
developed as part of the local agencies’
programs to control these pollutants.
MBUAPCD Rule 1002 is designed to
limit emissions of VOCs from the
transfer of gasoline into vehicle fuel
tanks. In order to simplify the source
testing section of the SIP-approved rule,
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01/13/15
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04/07/15
04/07/15
the Stage II vapor recovery compliance
test procedures are removed from the
rule language, and instead the rule
requires owners and operators of
gasoline dispensing facilities to adhere
to the applicable California Air
Resources Board (CARB) Executive
Order for gasoline testing procedures.
The corresponding testing cycles are
included in the gasoline facility permits.
VCAPCD Rule 74.33 is designed to limit
fugitive VOC emissions from the
transfer or dispensing of LPG. It
describes related equipment and
operation requirements, leak detection
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]]>Agencies
[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Rules and Regulations]
[Pages 57722-57725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23176]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2014-0796; EPA-R01-OAR-2014-0862; A-1-FRL-9933-92-Region
1]
Approval and Promulgation of Air Quality Implementation Plans;
New Hampshire; Nonattainment New Source Review and Prevention of
Significant Deterioration Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of New
Hampshire on November 15, 2012. This revision amends New Hampshire's
Prevention of Significant Deterioration (PSD) and Nonattainment New
Source Review (NNSR) programs to make the programs consistent with the
federal requirements. EPA is also conditionally approving a commitment
from the state to submit revised regulations addressing three elements
of EPA's PSD and NNSR programs that were not submitted with the
November 15, 2012 submittal. EPA is also approving revisions to two
definitions related to New Hampshire's permitting programs that were
submitted on July 1, 2003. This action is being taken in accordance
with the Clean Air Act.
DATES: This rule is effective on October 26, 2015.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2014-0796 and EPA-R01-OAR-2014-0862. All
documents in the docket are listed on the www.regulations.gov Web site.
Although listed in the index, some information is not publicly
available, i.e., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Permits, Toxics,
and Indoor Programs Unit, 5 Post Office Square--Suite 100, Boston, MA.
EPA requests that if at all possible, you contact the contact listed in
the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.
Copies of the documents relevant to this action are also available
for public inspection during normal business hours, by appointment at
the Air Resources Division, Department of Environmental Services, 6
Hazen Drive, P.O. Box 95, Concord, NH 03302-0095.
FOR FURTHER INFORMATION CONTACT: Brendan McCahill, U.S. Environmental
Protection Agency, EPA New England Regional Office, Office of Ecosystem
Protection, Air Permits, Toxics, and Indoor Programs Unit, 5 Post
Office Square--Suite 100, (mail code OEP05-2), Boston, MA 02109--3912,
telephone number (617) 918-1652, Fax number (617) 918-0652, email
mccahill.brendan@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. Background and Purpose
II. What action is EPA approving in this document?
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On January 21, 2015 (80 FR 2860), EPA published a Notice of
Proposed Rulemaking (NPR) for the State of New
[[Page 57723]]
Hampshire. The NPR proposed to approve a November 15, 2012 SIP
submittal revising the state's PSD program under PART Env-A 619,
``Prevention of Significant Deterioration.'' The NPR also proposed to
approve a July 21, 2003 SIP submittal revising the following
definitions under PART Env-A 101, ``Definitions;'' (1) ``minor permit
amendment,'' and (2) ``state permit to operate.''
On April 24, 2015 EPA (80 FR 22956), EPA published a separate NPR
for the state of New Hampshire. The NPR proposed to approve a separate
portion of the November 15, 2012 SIP submittal revising the state's
NNSR program under PART Env-A 618, ``Nonattainment New Source Review''
The NPR also reaffirmed EPA's January 21, 2015 proposed approval of the
November 15, 2012 SIP submittal revising PART Env-A 619, ``Prevention
of Significant Deterioration'' and the July 21, 2003 SIP submittal
revising PART Env-A 101, ``Definitions.''
In addition, the April 24, 2015 NPR proposed to conditionally
approve the New Hampshire Department of Environmental Services' (NHDES)
commitment to submit revised regulations addressing the following three
provisions of the federal NNSR and PSD programs:
Provisions at 40 CFR 51.165(a)(5)(i) that state approval
to construct shall not relieve any owner or operator of the
responsibility to comply fully with applicable provisions of the plan
and any other requirements under local, State or Federal law;
Provisions at 40 CFR 51.165(a)(6) and (a)(7) that meet the
federal regulations applicable to projects at major stationary sources
that are not major modifications based on the actual-to-projected
actual test but have a ``reasonable possibility'' of resulting in a
significant emission increase; and
Provisions at 40 CFR 51.166(q)(2)(iv) requiring notice of
a draft PSD permit to state air agencies whose lands may be affected by
emissions from the permitted source.
The specific requirements for the two SIP submittals and the
rationale for EPA's proposed actions are explained in the January 21,
2015 and April 24, 2015 NPRs and will not be restated here. EPA did not
receive any public comments on the April 24, 2015 NPR.
II. What action is EPA approving in this document?
EPA is approving and incorporating into the SIP, PART Env-A 618,
``Nonattainment New Source Review'' and PART Env-A 619, ``Prevention of
Significant Deterioration'' that New Hampshire submitted on November
15, 2012. EPA is approving New Hampshire's definitions of ``minor
permit amendment,'' and ``state permit to operate'' under PART Env-A
101, ``Definitions'' into the SIP.
Additionally, EPA is approving the commitment letter submitted by
the NHDES on March 20, 2015, in which the NHDES committed to adopt
revised NNSR and PSD regulations to address three provisions required
by the federal NNSR and PSD program regulations. In that letter, NHDES
committed to adopt these revisions no later than one year from the date
of EPA's conditional approval, and to submit them to EPA for approval
into the SIP.
III. Final Action
EPA is approving New Hampshire's July 23, 2003 SIP submittal
amending the definitions of ``minor permit amendment,'' and ``state
permit to operate'' under PART Env-A 101, ``Definitions.''
EPA is approving New Hampshire's November 15, 2012 SIP submittal
amending PART Env-A 618, ``Nonattainment New Source Review'' and PART
Env-A 619, ``Prevention of Significant Deterioration.'' With this
action, PART Env-A 618 and PART Env-A 619 will supersede all other NNSR
and PSD Program regulations currently approved in New Hampshire's SIP.
EPA is conditionally approving NHDES's commitment to adopt and
submit to EPA by September 26, 2016 revised NNSR and PSD regulations
which address the following provisions of the federal NNSR and PSD
program regulations:
Provisions at 40 CFR 51.165(a)(5)(i),
Provisions at 40 CFR 51.165(a)(6) and (a)(7), and
Provisions at 40 CFR 51.166(q)(2)(iv).
If the State fails to do so, the State's commitment to address
these three provisions will become a disapproval on that date. EPA will
notify the State by letter that this action has occurred. At that time,
this commitment will no longer be a part of the approved New Hampshire
SIP. EPA subsequently will publish a document in the Federal Register
notifying the public that the conditional approval automatically
converted to disapproval. If the State meets its commitment, within the
applicable time frame, the conditionally approved submission will
remain a part of the SIP until EPA takes final action approving or
disapproving the State's SIP submittal of the revised NNSR and PSD
regulations which address the three provisions. If EPA approves the
submittal, the three provisions will be fully approved in their
entirety and will replace the conditional approval in the SIP.
If the conditional approval is converted to a disapproval, such
action will trigger EPA's authority to impose sanctions under section
110(m) of the CAA at the time EPA issues the final disapproval or on
the date the State fails to meet its commitment. In the latter case,
EPA will notify the State by letter that the conditional approval has
been converted to a disapproval and that EPA's sanctions authority has
been triggered. In addition, the final disapproval triggers the Federal
implementation plan (FIP) requirement under section 110(c).
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of PART Env-
A 618, ``Nonattainment New Source Review;'' PART Env-A 619,
``Prevention of Significant Deterioration;'' and PART Env-A 101,
``Definitions'' described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the appropriate EPA office (see the ADDRESSES section
of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities
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under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Publ. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 24, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 27, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart EE--New Hampshire
0
2. Section 52.1519 is amended by adding paragraph (a)(5) to read as
follows:
Sec. 52.1519 Identification of plan--conditional approval.
(a) * * *
* * * * *
(5) On November 15, 2012, the New Hampshire Department of
Environmental Services (NHDES) submitted to a request to amend New
Hampshire's Chapter Env-A 600 ``Statewide Permit System'' as a revision
to New Hampshire's State Implementation Plan. The amendment included
revisions to the state's Nonattainment New Source Review (NNSR) and the
Prevention of Significant Deterioration (PSD) programs. On March 20,
2015, New Hampshire submitted a letter to EPA committing to adopt
revised regulations which address the provisions at 40 CFR
51.165(a)(5)(i) and (a)(6) and (7) and 51.166(q)(2)(iv) required for
EPA to fully approve New Hampshire's NNSR and PSD Programs.
* * * * *
0
3. In Sec. 52.1520, the table in paragraph (c) is amended by revising
the entries for Env-A 100 ``Organizational Rules: Definitions'' and
Env-A 600 ``Statewide Permit System'' to read as follows:
Sec. 52.1520 Identification of plan.
* * * * *
(c) * * *
EPA-Approved New Hampshire Regulations
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State effective
State citation Title/subject date EPA approval date \1\ Explanations
----------------------------------------------------------------------------------------------------------------
Env-A 100..................... Organizational May 3, 2003..... September 25, 2015 Adding definition of
Rules: [Insert Federal ``Minor permit
Definitions. Register citation]. amendment'' and
``State permit to
operate.''
* * * * * * *
Env-A 600..................... Statewide Permit September 1, September 25, 2015 Approve revisions to
System. 2012. [Insert Federal Env-A 618 ``NNSR'' &
Register citation]. Env-A 619 ``PSD
Program'' and
withdrawal of Env-A
610 and 622 ``NNSR
Program,'' and Env-A
623 ``PSD Program.''
* * * * * * *
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\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
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[FR Doc. 2015-23176 Filed 9-24-15; 8:45 am]
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