Air Plan Approval; NH; Nonattainment New Source Review and Prevention of Significant Deterioration Permit Program Revisions; Public Hearing Revisions for State Permitting Programs; Withdrawal of Permit Fee Program; Infrastructure Provisions for National Ambient Air Quality Standards, 24057-24062 [2017-09536]
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Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Rules and Regulations
40 CFR Part 52
[EPA–R01–OAR–2017–0102 and EPA–R01–
OAR–2016–0758; FRL–9962–01–Region 1]
Air Plan Approval; NH; Nonattainment
New Source Review and Prevention of
Significant Deterioration Permit
Program Revisions; Public Hearing
Revisions for State Permitting
Programs; Withdrawal of Permit Fee
Program; Infrastructure Provisions for
National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Direct final rule and correcting
amendment.
AGENCY:
The Environmental Protection
Agency (EPA) is approving several
different State Implementation Plan
(SIP) revisions submitted to EPA by the
New Hampshire Department of
Environmental Services (NHDES). New
Hampshire submitted to EPA on
October 26, 2016, revisions satisfying
the NHDES’s earlier commitment to
adopt and submit provisions that meet
certain requirements of the federal
Prevention of Significant Deterioration
(PSD) and Nonattainment New Source
Review (NNSR) air permit program
regulations. This action will convert to
full approval EPA’s September 25, 2015
conditional approval of New
Hampshire’s PSD and NNSR permit
programs. This action also will approve
NHDES’s SIP revisions relating to
several New Hampshire infrastructure
SIPs, which were conditionally
approved by EPA on December 16, 2015
and July 8, 2016.
Additionally, EPA is also approving:
A January 31, 2017 SIP revision
amending the public notice and hearing
procedures for New Hampshire’s NNSR,
PSD, and minor NSR permit programs;
a January 18, 2017 SIP revision
withdrawing the State SIP’s permit fee
system; and a November 17, 2015 SIP
revision that addresses the good
neighbor provisions of New
Hampshire’s infrastructure SIP for the
2010 nitrogen oxide (NO2) national
ambient air quality standard (NAAQS).
This action is being taken in accordance
with the Clean Air Act (CAA).
Lastly, EPA issued a correcting
amendment in the Federal Register on
May 5, 2017. An error occurred in an
amendatory instruction and the table
entry for ‘‘Infrastructure SIP for the 2010
SO2 NAAQS’’ could not be incorporated
into the CFR. The EPA is correcting that
error.
SUMMARY:
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The correcting amendment is
effective May 25, 2017. This direct final
rule is effective July 24, 2017, unless
EPA receives adverse comments by June
26, 2017. If adverse comments are
received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2017–0102 and EPA–R01–OAR–
2016–0758 at https://
www.regulations.gov, or via email to
McDonnell.Ida@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Ida
E. McDonnell, Manager, Air Permits,
Toxics, and Indoor Programs Unit,
Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, 5 Post
Office Square, Suite 100, (OEP05–2),
Boston, MA 02109–3912, phone number
(617) 918–1653, fax number (617) 918–
0653, email McDonnell.Ida@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
Table of Contents
I. New Hampshire’s October 26, 2106 SIP
Submittal Addressing EPA’s September
25, 2015, December 16, 2015, and July 8,
2016 Conditional Approvals Regarding
Env-A 600
A. What is the background information for
EPA’s September 25, 2015, December 16,
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24057
2015, and July 8, 2016 conditional
approvals?
B. What is a conditional approval?
C. What are the terms of the September 25,
2015, December 16, 2015, and July 8,
2016 conditional approvals?
D. Were the terms of the September 25,
2015, December 16, 2015, and July 8,
2016 conditional approvals met?
E. Other Revisions to Env-A 600.
II. Approval of New Hampshire’s January 31,
2017 SIP Submittal Revising the Notice
and Hearing Procedures for the State’s
NNSR, PSD, and Minor NSR Permit
Programs
III. Approval of New Hampshire’s January 18,
2017 SIP Submittal Withdrawing Env-A
700 Permit Fee System From SIPApproved Regulations
IV. Approval of New Hampshire’s November
17, 2015 SIP Submittal Addressing the
2010 NO2 NAAQS Infrastructure SIP
Requirements Under Section
110(a)(2)(D)(i)(I) of the CAA
A. What is the background information for
New Hampshire’s November 17, 2015
SIP submittal?
B. What is required under Section
110(a)(2)(D)(i)(I)?
C. How did New Hampshire meet these
requirements for the 2010 NO2 NAAQS?
V. Final Action.
A. Full Approval of EPA’s September 25,
2015, December 16, 2015, and July 8,
2016 Conditional Approvals
B. Approval of New Hampshire’s January
31, 2017 SIP Submittal Revising the
Notice and Hearing Procedures for the
State’s NNSR and PSD Permit Programs
and Minor NSR Permit Program
C. Approval of New Hampshire’s January
18, 2017 SIP Submittal Withdrawing
Env-A 700 Permit Fee System From SIPApproved Regulations
D. Approval of New Hampshire’s
November 17, 2015 SIP Submittal
Addressing the 2010 NO2 NAAQS
Infrastructure SIP Requirements Under
Section 110(a)(2)(D)(i)(I) of the CAA
E. Rationale for Direct Final Rulemaking
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. New Hampshire’s October 26, 2016
SIP Submittal Addressing EPA’s
September 25, 2015, December 16,
2015, and July 8, 2016 Conditional
Approvals Regarding Env-A 600
A. What is the background information
for EPA’s September 25, 2015,
December 16, 2015 and July 8, 2016
conditional approvals?
On September 25, 2015, EPA
published a final conditional approval
for NHDES’s November 15, 2012 SIP
revision. See 80 FR 57722. That
conditional approval identified three
provisions required under Federal PSD
and NNSR program regulations that
were not included in the State’s
November 15, 2012 SIP submittal.
On December 16, 2015 and July 8,
2016, EPA published final conditional
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approvals of several of New
Hampshire’s infrastructure SIP
revisions, i.e., those for the 2008 ozone
NAAQS, the 2008 lead NAAQS, the
2010 NO2 NAAQS, the 2010 SO2
NAAQS, the 1997 PM2.5 NAAQS and
the 2006 PM2.5 NAAQS. These
conditional approvals identified one of
the same provisions that was not
included in the State’s November 15,
2012 SIP submittal, i.e., notice of major
source permits to affected states and
Indian Governing bodies. See 80 FR
78135 and 81 FR 44542.
B. What is a conditional approval?
Under section 110(k)(4) of the CAA,
EPA may conditionally approve a plan
based on a commitment from the State
to adopt specific enforceable measures
by a date certain no later than one year
from the effective date of final
conditional approval. If the EPA
subsequently determines that the State
has met its commitment, EPA publishes
a document in the Federal Register
notifying the public that EPA is
converting the conditional approval to a
full approval.
However, if the State fails to meet its
commitment in a timely manner, then
the conditional approval automatically
converts to a disapproval by operation
of law without further action required
by EPA. If that were to occur, EPA
would then notify the State by letter. At
that time, the conditionally approved
SIP revisions would not be part of the
State’s approved SIP. EPA subsequently
would publish a document in the
Federal Register notifying the public
that the conditional approval
automatically converted to a
disapproval.
C. What are the terms of the September
25, 2015, December 16, 2015, and July
8, 2016 conditional approvals?
EPA’s September 25, 2015 conditional
approval required the NHDES to submit
revised regulations that address three
separate provisions of EPA’s PSD and
NNSR program regulations that were not
included in the State’s November 15,
2012 SIP submittal. To address the
conditional approval, on October 26,
2016, the NHDES submitted regulatory
provisions for approval into the State’s
SIP. The three provisions include the
following:
• 40 CFR 51.165(a)(5)(i), which
notifies any owner or operator that
approval to construct shall not relieve
them of the responsibility to comply
fully with applicable provisions of the
plan and any other requirements under
local, State or Federal law;
• 40 CFR 51.165(a)(6) and (7), which
require additional record keeping and
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other requirements applicable at major
stationary sources for projects that are
not major modifications based on the
required actual-to-projected actual test,
but which have a ‘‘reasonable
possibility’’ of resulting in a significant
emission increase; and
• 40 CFR 51.166(q)(2)(iv), which
requires notice of a draft PSD permit to
be sent to, among other entities, state air
agencies and Indian Governing bodies
whose lands may be affected by
emissions from the permitted source.
Only the references to ‘‘state air
agencies’’ and ‘‘Indian Governing
bodies’’ were missing from New
Hampshire’s regulatory provision.
With respect to the issue noted
previously relating to the State’s
obligation to provide notice to states
and Indian governing bodies, EPA’s
December 16, 2015 conditional approval
and July 8, 2016 conditional approval,
applicable to the State’s infrastructure
SIPs (identified earlier in this action),
both required the NHDES to address the
requirements of CAA sections
110(a)(2)(C), (D) and (J) as they relate to
the NHDES’s obligation to send notice
of draft PSD permits to other state air
agencies and Indian Governing bodies
whose lands may be affected by
emissions from the permitted source, as
required under 40 CFR 51.166(q)(2)(iv).
The NHDES regulatory provisions
submitted to EPA on October 26, 2016
also properly addressed these
infrastructure SIP conditional
approvals.
D. Were the terms of the September 25,
2015, December 16, 2015, and July 8,
2016 conditional approvals met?
As noted previously, on October 26,
2016, the NHDES submitted to EPA the
three provisions identified in the
September 25, 2015 conditional
approval. EPA reviewed the three
provisions and found they met the terms
of the September 25, 2015 conditional
approval. Accordingly, EPA is
converting the September 25, 2015
conditional approval to a full approval.
Also, as noted previously, because the
October 26, 2016 submittal included
provisions that met the terms of the
December 16, 2015 and July 8, 2016
infrastructure conditional approvals,
EPA is also converting the December 16,
2015 and July 8, 2016 conditional
approvals to full approvals.
EPA provided an analysis of its
approval of the three regulatory
provisions in question in a technical
support document (TSD), which is
included in the docket and
administrative record for this action.
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E. Other Revisions to Env-A 600
NHDES’s October 26, 2016 submittal
also contained revisions to Env-A
618.01 and Env-A 619, for the purpose
of updating to July 1, 2016 the
incorporation by reference date used in
the New Hampshire’s regulations
implementing 40 CFR 51.165 and 40
CFR 52.21. New Hampshire also
requested in its October 26, 2016 SIP
submittal that EPA remove from the
New Hampshire SIP sections Env-A
619.03(c)(2) and (c)(3). By removing
sections Env-A 619.03(c)(2) and (c)(3),
New Hampshire’s SIP-approved
definitions of ‘‘allowable emissions’’
and ‘‘potential to emit’’ are now
identical to EPA’s definitions of those
terms in 40 CFR 52.21 (as of July 1,
2016). The changes to these two
definitions satisfies CAA section 110(l)
because simply including the notion of
federal enforceability into these
definitions will not interfere with any
applicable requirement concerning
attainment of a NAAQS or reasonable
further progress (as defined by the CAA)
or any other applicable CAA
requirement. Additionally, the State’s
October 26, 2016 submittal included a
change to Env-A 619.07(d) so that the
State regulations now correctly identify
the proper citation for the public notice
requirements relating to PSD permits.
II. Approval of New Hampshire’s
January 31, 2017 SIP Submittal
Revising the Notice and Hearing
Procedures for the State’s NNSR, PSD,
and Minor NSR Permit Programs
On January 31, 2017, New Hampshire
submitted SIP revisions to Env-A 621,
Permit Notice and Hearing Procedures:
Temporary Permits and Permits to
Operate. Env-A 621 establishes the
public notice requirements for the
State’s NNSR, PSD and minor NSR
permit programs, and replaces the
current SIP-approved public notice
requirements under Env-A 205, Public
Notice and Hearing Procedures. The SIP
revisions include provisions that render
New Hampshire’s PSD program’s public
notice requirements consistent with the
Federal SIP-approved PSD program’s
public notice requirements under 40
CFR 51.166(q). The SIP revisions also
render New Hampshire’s NNSR permit
program’s public notice requirements
consistent with the public notice
requirements under 40 CFR 51.166(q),
even though the applicable Federal
rules only require SIP-approved NNSR
permit programs to meet the less
prescriptive air permit program public
notice requirements under 40 CFR
51.161. Since the public notice
requirements under 40 CFR 51.166(q)
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are more comprehensive than 40 CFR
51.161, New Hampshire’s revisions to
the public notice requirements of its
NNSR permit programs are fully
approvable. Finally, New Hampshire’s
revisions to the public notice
requirements applicable to its minor
NSR permit program are consistent with
40 CFR 51.161. The minor NSR permit
program consists of those federal permit
rules that apply to new or modified
emission units with emission increases
below the PSD and NNSR program
applicability threshold levels. Since the
provisions of Env-A 621 are replacing
and thus supersede the current SIPapproved public notice requirements
under Env-A 205, Public Notice and
Hearing Procedures, NHDES requested
that EPA remove Env-A 205 from the
SIP.
EPA has provided an analysis of these
amendments in the TSD document
which is included in the docket and
administrative record for this action.
III. Approval of New Hampshire’s
January 18, 2017 SIP Submittal
Withdrawing Env-A 700 Permit Fee
System From SIP-Approved
Regulations
On January 18, 2017, the NHDES
submitted to EPA a SIP revision
requesting the withdrawal of Env-A 700
Permit Fee system from the New
Hampshire SIP. EPA is approving this
revision on the grounds that it is
consistent with the CAA Amendments
of 1990 at section 110(a)(2)(L). That
section of the CAA requires SIPs to
contain permit fee programs which
sufficiently cover the cost of SIPapproved major source permitting
programs, i.e., NNSR and PSD. Section
110(a)(2)(L) further states that the SIP
requirement for a permit fee system may
be superseded if a state’s fee program
under subchapter V of the CAA
Amendments (colloquially referred to as
the title V operating permit program) is
applicable to the same sources and is
approved by the Administrator. New
Hampshire’s title V operating permit
program received interim approval in
1996 and full approval in 2001. In EPA’s
proposed interim approval, we stated
that ‘‘. . .New Hampshire has
demonstrated that the state is collecting
sufficient permit fees to meet EPA’s
[title V operating permitting program
requirements].’’ See 61 FR 42225
(August 14, 1996). Furthermore, New
Hampshire’s title V operating permit
program covers the same sources as the
SIP-approved major source permitting
programs.
IV. Approval of New Hampshire’s
November 17, 2015 SIP Submittal
Addressing the 2010 NO2 NAAQS
Infrastructure SIP Requirements Under
Section 110(a)(2)(D)(i)(I) of the CAA
A. What is the background information
for New Hampshire’s November 17,
2015 SIP submittal?
On November 17, 2015, NHDES
submitted to EPA as a SIP revision its
‘‘Amendment to New Hampshire [sic]
2008 Ozone 8-hour and 2010 Nitrogen
Dioxide 1-hour NAAQS Infrastructure
SIPs to Address the Good Neighbor
Requirements of Clean Air Act Section
110(a)(2)(D)(i)(I).’’ EPA approved this
submittal with respect to the 2008 ozone
NAAQS on October 13, 2016 (81 FR
70631). Our evaluation of the submittal
with respect to the 2010 NO2 standard
is discussed later in this preamble.
B. What is required under section
110(a)(2)(D(i)(I)?
Section 110(a)(2)(D)(i)(I) of the CAA,
known as the ‘‘good neighbor
provision,’’ requires each state to
include ‘‘adequate provisions’’ in its SIP
prohibiting ‘‘any source or other type of
emissions activity within the State from
emitting any air pollutant in amounts
which will contribute significantly to
nonattainment in, or interfere with
maintenance by, any other State with
respect to any [national ambient air
quality standard].’’ 42 U.S.C.
24059
7410(a)(2)(D)(i)(I). New Hampshire was
required to address these provisions for
the 2010 NO2 NAAQS.
C. How did New Hampshire meet these
requirements for the 2010 NO2 NAAQS?
New Hampshire’s infrastructure SIP
submission to address the good
neighbor requirements of CAA section
110(a)(2)(D)(i)(I) notes that on January
20, 2012, EPA designated all areas of the
country as ‘‘unclassifiable/attainment’’
for the 2010 NO2 NAAQS. EPA did this
because design values (DVs) for the
2008–2010 period at all monitored sites
met the NAAQS. Measurements from
2013–2015 indicate continued
attainment of the 2010 NO2 NAAQS
throughout the country. New Hampshire
currently operates one NO2 monitor
located in Londonderry. The DV is
based on the 3-year average of the 98th
percentile of the yearly distribution of 1hour daily maximum concentrations.
The 98th percentile in 2014 and 2015
were 25.3 and 22.7 parts per billion
(ppb), respectively. (The State has
insufficient data to determine the DV for
the entire period from 2013 through
2015 due to the lack of data capture in
2013.) The values from 2014 and 2015,
however, are significantly less than the
national ambient air quality standard for
NO2, which is 100 ppb. However, the
absence of a violating ambient air
quality monitor within the State is
insufficient by itself to demonstrate that
New Hampshire has met its interstate
transport obligation. While the DV may
help to assist in characterizing air
quality within New Hampshire, section
110(a)(2)(D)(i)(I) specifically addresses
the effects that sources within New
Hampshire have on air quality in
neighboring states. Therefore, an
evaluation and analysis of DV’s in
neighboring states is appropriate.
Table I contains the highest NO2
design values for the three states
neighboring New Hampshire, i.e.,
Maine, Vermont, and Massachusetts.
TABLE 1—HIGHEST NO2 DESIGN VALUES IN PPB FOR AQS MONITORS IN MASSACHUSETTS, VERMONT, AND MAINE
AQS monitor
site
State
Maine ............................................................................
Massachusetts * ............................................................
Vermont ........................................................................
23–003–1100
25–025–0002
500210002
Monitor location
Presque Isle ..................................................................
Boston ...........................................................................
Rutland .........................................................................
Design value
(2013–2015)
20
51
37
* There were three monitoring sites with DV of 51 ppb in Massachusetts. Two were in Boston and one was in Worcester.
As shown by the Table 1 chart in this
preamble, the highest NO2 design value
in each neighboring state is significantly
less than the NO2 NAAQS. As a result,
EPA finds that sources or emissions
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activity from within New Hampshire
will not interfere with other states’
ability to attain and maintain the 2010
NO2 NAAQS.
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The New Hampshire submittal notes
that New Hampshire nitrogen oxides
(NOX) emissions have been declining,
with total statewide NOX emissions
dropping from 69,836 tons in 2002 to
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37,292 tons in 2011. In 2014, statewide
NOX emissions were 36,014 tons. Our
review of NOX emissions data from New
Hampshire sources, which New
Hampshire has entered into the EPA
National Emissions Inventory database,
confirms this emission data. In light of
the analysis, EPA is approving New
Hampshire’s infrastructure submittal for
the 2010 NO2 NAAQS as it pertains to
section 110(a)(2)(D)(i)(I) of the CAA.
V. Final Action
A. Full Approval of EPA’s September
25, 2015, December 16, 2015, and July
8, 2016 Conditional Approvals
EPA is approving the PSD and NNSR
permitting program provisions included
in NHDES’s October 22, 2016 SIP
submittal and is converting the
September 25, 2015 conditional
approval to a full approval. EPA is also
converting the December 16, 2015 and
July 8, 2016 conditional approvals
relating to New Hampshire’s
infrastructure SIPs1 for the 2008 ozone,
2008 Lead, 2010 SO2, 2010 NO2, 1997
PM2.5, and the 2006 PM2.5 NAAQS, to a
full approval.
B. Approval of New Hampshire’s
January 31, 2017 SIP Submittal Revising
the Notice and Hearing Procedures for
the State’s NNSR and PSD Permit
Programs and Minor NSR Permit
Program
EPA is approving into the New
Hampshire SIP Env-A 621, Permit
Notice and Hearing Procedures:
Temporary permits and Permits to
Operate submitted on January 31, 2017.
In addition, since the provisions under
Env-A 621 supersede the current SIPapproved public hearing provisions
under Env-A 205 Public Notice and
Hearing Procedures, EPA is removing
Env-A 205 in its entirety from the SIP.
Because the requirements of Env-621 are
no less stringent that the requirements
of Env-A 205, this SIP revision also
meets section 110(l) of the CAA.
C. Approval of New Hampshire’s
January 18, 2017 SIP Submittal
Withdrawing Env-A 700 Permit Fee
System From SIP-Approved Regulations
EPA is approving NHDES’s January
18, 2017 submittal requesting
withdrawal of Env-A 700 Permit Fee
System from the New Hampshire SIP.
EPA finds that the New Hampshire SIP
revision is consistent with the
requirements of section 110(a)(2)(L) of
the CAA, as described earlier in this
action. EPA is therefore removing Env1 Specifically, the State’s SIP revision submission
addressed the public notice requirements discussed
earlier in this action.
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A 700 in its entirety from the SIP in
light of the State’s title V operating
permit program fee requirements.
D. Approval of New Hampshire’s
November 17, 2015 SIP Submittal
Addressing the 2010 NO2 NAAQS
Infrastructure SIP Requirements Under
Section 110(a)(2)(D)(i)(I) of the CAA
EPA is approving NHDES’s November
17, 2015 submittal that addresses the
infrastructure SIP requirements under
Section 110(a)(2)(D)(i)(I) for the 2010
NO2 NAAQS. The analysis provided in
the submittal shows that: (1) NO2
concentrations in New Hampshire are
significantly below the 2010 NO2
NAAQS; (2) NOX emissions within New
Hampshire continue to decrease over
time; and (3) sources of NOX emissions,
or other types of emissions activity, in
New Hampshire do not contribute
significantly to nonattainment in, or
interfere with maintenance by, any
other State with respect to the NO2
NAAQS.
E. Rationale for Direct Final Rulemaking
EPA is publishing these actions
without prior proposal because the
Agency views these as noncontroversial
amendments and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revisions
should relevant adverse comments be
filed. This rule will be effective July 24,
2017 without further notice unless the
Agency receives relevant adverse
comments by June 26, 2017.
If the EPA receives such comments,
then EPA will publish a document
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period on
the proposed rule. All parties interested
in commenting on the proposed rule
should do so at this time. If no such
comments are received, the public is
advised that this rule will be effective
on July 24, 2017 and no further action
will be taken on the proposed rule.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
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VI. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of New
Hampshire’s Env-A 618, Env-A 619.03,
Env-A 619.07, and Env-A 621 (except
for Env-A 621.10) and the removal of
Env-A 205 and Env-A 700 described in
the amendments to 40 CFR part 52 set
forth below. The EPA has made, and
will continue to make, these materials
generally available through
www.regulations.gov, and/or at the EPA
Region 1 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
VII. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
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• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by July 24, 2017.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of this Federal Register, rather than file
an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: April 19, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New
England.
Correction
In final rule FR Doc. 2017–09028,
published in the issue of Friday, May 5,
2017 (82 FR 21123), make the following
correction:
On page 21123, in the third column,
remove amendatory instruction 2.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart EE—New Hampshire
§ 52.1519
[Amended]
2. Section 52.1519 is amended by
removing and reserving paragraphs
(a)(5) through (11).
■ 3. Section 52.1520 is amended by:
■ a. In the table in paragraph (c):
■ i. Revising the entries for ‘‘Env-A 200’’
and ‘‘Env-A 600’’; and
■ ii. Removing the entry for ‘‘Env-A
700’’; and
■ b. In the table in paragraph (e):
■ i. Revising the entries ‘‘Infrastructure
SIP for 2008 ozone NAAQS’’,
‘‘Infrastructure SIP for the 2008 Lead
NAAQS’’, ‘‘Infrastructure SIP for the
2010 NO2 NAAQS’’, ‘‘Infrastructure SIP
for the 1997 PM2.5 NAAQS’’, and
‘‘Infrastructure SIP for 2006 PM2.5
NAAQS’’;
■ ii. Adding the entry ‘‘Infrastructure
SIP for the 2010 SO2 NAAQS’’ after the
entry ‘‘Infrastructure SIP for the 2010
NO2 NAAQS’’; and
■ iii. Adding an entry for ‘‘Transport SIP
for the 2010 NO2 Standard’’ at the end
of the table.
The revisions and additions reads as
follows:
■
§ 52.1520
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State citation
*
Env-A 200 ......................
*
*
*
*
Permit Notice and
........................
Hearing Procedures.
*
*
Env-A 600 ......................
State
effective date
Title/subject
*
*
*
Statewide Permit System.
*
EPA approval date 1
*
*
5/25/17 [Insert Federal
Register citation].
*
10/22/16
*
Explanations
*
Removal of Env-A 205 from SIP
*
*
*
5/25/17 [Insert Federal
Register citation].
*
*
*
*
*
*
Revisions to Env-A 618.01, 618.02(c), Env-A
618.04(b), Env-A 618.04(d), Env-A 619.03(c),
619.07 and Env-A 621(except for 621.10)
*
*
1 In
*
order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
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*
Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Rules and Regulations
*
*
(e) * * *
*
*
NEW HAMPSHIRE NONREGULATORY
Name of nonregulatory
SIP provision
Applicable geographic
or nonattainment area
State
submittal
date/effective
date
*
Infrastructure SIP for
2008 ozone NAAQS.
*
*
Statewide .....................
12/31/2012
Infrastructure SIP for the
2008 Lead NAAQS.
Statewide .....................
11/7/2011
Infrastructure SIP for the
2010 NO2 NAAQS.
Statewide .....................
1/28/2013
Infrastructure SIP for the
2010 SO2 NAAQS.
Statewide .....................
7/13/2013
Infrastructure SIP for the
1997 PM2.5 NAAQS.
Statewide .....................
7/3/2012
Infrastructure SIP for
2006 PM2.5 NAAQS.
Statewide .....................
9/18/2009
*
Transport SIP for the
2010 NO2 Standard.
*
*
Statewide .....................
11/17/2015
EPA approved
date 3
Explanations
*
*
5/25/2017 [Insert Federal Register citation].
5/25/2017 [Insert Federal Register citation].
5/25/2017 [Insert Federal Register citation].
5/25/2017 [Insert Federal Register citation].
5/25/2017 [Insert Federal Register citation].
5/25/2017 [Insert Federal Register citation].
*
*
Items that were conditionally approved on 12/
16/15 are now fully approved.
Items that were conditionally approved on 12/
16/15 are now fully approved.
Items that were conditionally approved on 12/
16/15 are now fully approved.
Items that were conditionally approved on 7/8/
2016 are now fully approved.
Items that were conditionally approved on 12/
16/15 are now fully approved.
Items that were conditionally approved on 12/
16/15 are now fully approved.
*
*
5/25/2017 [Insert Federal Register citation].
*
*
3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
[FR Doc. 2017–09536 Filed 5–24–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2016–0112; FRL–9961–54]
Flazasulfuron; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of flazasulfuron
in or on olives. ISK Biosciences
Corporation requested these tolerances
under the Federal Food, Drug, and
Cosmetic Act (FFDCA).
DATES: This regulation is effective May
25, 2017. Objections and requests for
hearings must be received on or before
July 24, 2017, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2016–0112, is
SUMMARY:
VerDate Sep<11>2014
15:57 May 24, 2017
Jkt 241001
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
E:\FR\FM\25MYR1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Rules and Regulations]
[Pages 24057-24062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09536]
[[Page 24057]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2017-0102 and EPA-R01-OAR-2016-0758; FRL-9962-01-Region 1]
Air Plan Approval; NH; Nonattainment New Source Review and
Prevention of Significant Deterioration Permit Program Revisions;
Public Hearing Revisions for State Permitting Programs; Withdrawal of
Permit Fee Program; Infrastructure Provisions for National Ambient Air
Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule and correcting amendment.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving several
different State Implementation Plan (SIP) revisions submitted to EPA by
the New Hampshire Department of Environmental Services (NHDES). New
Hampshire submitted to EPA on October 26, 2016, revisions satisfying
the NHDES's earlier commitment to adopt and submit provisions that meet
certain requirements of the federal Prevention of Significant
Deterioration (PSD) and Nonattainment New Source Review (NNSR) air
permit program regulations. This action will convert to full approval
EPA's September 25, 2015 conditional approval of New Hampshire's PSD
and NNSR permit programs. This action also will approve NHDES's SIP
revisions relating to several New Hampshire infrastructure SIPs, which
were conditionally approved by EPA on December 16, 2015 and July 8,
2016.
Additionally, EPA is also approving: A January 31, 2017 SIP
revision amending the public notice and hearing procedures for New
Hampshire's NNSR, PSD, and minor NSR permit programs; a January 18,
2017 SIP revision withdrawing the State SIP's permit fee system; and a
November 17, 2015 SIP revision that addresses the good neighbor
provisions of New Hampshire's infrastructure SIP for the 2010 nitrogen
oxide (NO2) national ambient air quality standard (NAAQS).
This action is being taken in accordance with the Clean Air Act (CAA).
Lastly, EPA issued a correcting amendment in the Federal Register
on May 5, 2017. An error occurred in an amendatory instruction and the
table entry for ``Infrastructure SIP for the 2010 SO2
NAAQS'' could not be incorporated into the CFR. The EPA is correcting
that error.
DATES: The correcting amendment is effective May 25, 2017. This direct
final rule is effective July 24, 2017, unless EPA receives adverse
comments by June 26, 2017. If adverse comments are received, EPA will
publish a timely withdrawal of the direct final rule in the Federal
Register informing the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2017-0102 and EPA-R01-OAR-2016-0758 at https://www.regulations.gov,
or via email to McDonnell.Ida@epa.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. For either manner of submission, the EPA may publish
any comment received to its public docket. Do not submit electronically
any information you consider to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Ida E. McDonnell, Manager, Air
Permits, Toxics, and Indoor Programs Unit, Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square, Suite 100, (OEP05-2), Boston, MA
02109-3912, phone number (617) 918-1653, fax number (617) 918-0653,
email McDonnell.Ida@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. New Hampshire's October 26, 2106 SIP Submittal Addressing EPA's
September 25, 2015, December 16, 2015, and July 8, 2016 Conditional
Approvals Regarding Env-A 600
A. What is the background information for EPA's September 25,
2015, December 16, 2015, and July 8, 2016 conditional approvals?
B. What is a conditional approval?
C. What are the terms of the September 25, 2015, December 16,
2015, and July 8, 2016 conditional approvals?
D. Were the terms of the September 25, 2015, December 16, 2015,
and July 8, 2016 conditional approvals met?
E. Other Revisions to Env-A 600.
II. Approval of New Hampshire's January 31, 2017 SIP Submittal
Revising the Notice and Hearing Procedures for the State's NNSR,
PSD, and Minor NSR Permit Programs
III. Approval of New Hampshire's January 18, 2017 SIP Submittal
Withdrawing Env-A 700 Permit Fee System From SIP-Approved
Regulations
IV. Approval of New Hampshire's November 17, 2015 SIP Submittal
Addressing the 2010 NO2 NAAQS Infrastructure SIP
Requirements Under Section 110(a)(2)(D)(i)(I) of the CAA
A. What is the background information for New Hampshire's
November 17, 2015 SIP submittal?
B. What is required under Section 110(a)(2)(D)(i)(I)?
C. How did New Hampshire meet these requirements for the 2010
NO2 NAAQS?
V. Final Action.
A. Full Approval of EPA's September 25, 2015, December 16, 2015,
and July 8, 2016 Conditional Approvals
B. Approval of New Hampshire's January 31, 2017 SIP Submittal
Revising the Notice and Hearing Procedures for the State's NNSR and
PSD Permit Programs and Minor NSR Permit Program
C. Approval of New Hampshire's January 18, 2017 SIP Submittal
Withdrawing Env-A 700 Permit Fee System From SIP-Approved
Regulations
D. Approval of New Hampshire's November 17, 2015 SIP Submittal
Addressing the 2010 NO2 NAAQS Infrastructure SIP
Requirements Under Section 110(a)(2)(D)(i)(I) of the CAA
E. Rationale for Direct Final Rulemaking
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. New Hampshire's October 26, 2016 SIP Submittal Addressing EPA's
September 25, 2015, December 16, 2015, and July 8, 2016 Conditional
Approvals Regarding Env-A 600
A. What is the background information for EPA's September 25, 2015,
December 16, 2015 and July 8, 2016 conditional approvals?
On September 25, 2015, EPA published a final conditional approval
for NHDES's November 15, 2012 SIP revision. See 80 FR 57722. That
conditional approval identified three provisions required under Federal
PSD and NNSR program regulations that were not included in the State's
November 15, 2012 SIP submittal.
On December 16, 2015 and July 8, 2016, EPA published final
conditional
[[Page 24058]]
approvals of several of New Hampshire's infrastructure SIP revisions,
i.e., those for the 2008 ozone NAAQS, the 2008 lead NAAQS, the 2010
NO2 NAAQS, the 2010 SO2 NAAQS, the 1997
PM2.5 NAAQS and the 2006 PM2.5 NAAQS. These
conditional approvals identified one of the same provisions that was
not included in the State's November 15, 2012 SIP submittal, i.e.,
notice of major source permits to affected states and Indian Governing
bodies. See 80 FR 78135 and 81 FR 44542.
B. What is a conditional approval?
Under section 110(k)(4) of the CAA, EPA may conditionally approve a
plan based on a commitment from the State to adopt specific enforceable
measures by a date certain no later than one year from the effective
date of final conditional approval. If the EPA subsequently determines
that the State has met its commitment, EPA publishes a document in the
Federal Register notifying the public that EPA is converting the
conditional approval to a full approval.
However, if the State fails to meet its commitment in a timely
manner, then the conditional approval automatically converts to a
disapproval by operation of law without further action required by EPA.
If that were to occur, EPA would then notify the State by letter. At
that time, the conditionally approved SIP revisions would not be part
of the State's approved SIP. EPA subsequently would publish a document
in the Federal Register notifying the public that the conditional
approval automatically converted to a disapproval.
C. What are the terms of the September 25, 2015, December 16, 2015, and
July 8, 2016 conditional approvals?
EPA's September 25, 2015 conditional approval required the NHDES to
submit revised regulations that address three separate provisions of
EPA's PSD and NNSR program regulations that were not included in the
State's November 15, 2012 SIP submittal. To address the conditional
approval, on October 26, 2016, the NHDES submitted regulatory
provisions for approval into the State's SIP. The three provisions
include the following:
40 CFR 51.165(a)(5)(i), which notifies any owner or
operator that approval to construct shall not relieve them of the
responsibility to comply fully with applicable provisions of the plan
and any other requirements under local, State or Federal law;
40 CFR 51.165(a)(6) and (7), which require additional
record keeping and other requirements applicable at major stationary
sources for projects that are not major modifications based on the
required actual-to-projected actual test, but which have a ``reasonable
possibility'' of resulting in a significant emission increase; and
40 CFR 51.166(q)(2)(iv), which requires notice of a draft
PSD permit to be sent to, among other entities, state air agencies and
Indian Governing bodies whose lands may be affected by emissions from
the permitted source. Only the references to ``state air agencies'' and
``Indian Governing bodies'' were missing from New Hampshire's
regulatory provision.
With respect to the issue noted previously relating to the State's
obligation to provide notice to states and Indian governing bodies,
EPA's December 16, 2015 conditional approval and July 8, 2016
conditional approval, applicable to the State's infrastructure SIPs
(identified earlier in this action), both required the NHDES to address
the requirements of CAA sections 110(a)(2)(C), (D) and (J) as they
relate to the NHDES's obligation to send notice of draft PSD permits to
other state air agencies and Indian Governing bodies whose lands may be
affected by emissions from the permitted source, as required under 40
CFR 51.166(q)(2)(iv). The NHDES regulatory provisions submitted to EPA
on October 26, 2016 also properly addressed these infrastructure SIP
conditional approvals.
D. Were the terms of the September 25, 2015, December 16, 2015, and
July 8, 2016 conditional approvals met?
As noted previously, on October 26, 2016, the NHDES submitted to
EPA the three provisions identified in the September 25, 2015
conditional approval. EPA reviewed the three provisions and found they
met the terms of the September 25, 2015 conditional approval.
Accordingly, EPA is converting the September 25, 2015 conditional
approval to a full approval. Also, as noted previously, because the
October 26, 2016 submittal included provisions that met the terms of
the December 16, 2015 and July 8, 2016 infrastructure conditional
approvals, EPA is also converting the December 16, 2015 and July 8,
2016 conditional approvals to full approvals.
EPA provided an analysis of its approval of the three regulatory
provisions in question in a technical support document (TSD), which is
included in the docket and administrative record for this action.
E. Other Revisions to Env-A 600
NHDES's October 26, 2016 submittal also contained revisions to Env-
A 618.01 and Env-A 619, for the purpose of updating to July 1, 2016 the
incorporation by reference date used in the New Hampshire's regulations
implementing 40 CFR 51.165 and 40 CFR 52.21. New Hampshire also
requested in its October 26, 2016 SIP submittal that EPA remove from
the New Hampshire SIP sections Env-A 619.03(c)(2) and (c)(3). By
removing sections Env-A 619.03(c)(2) and (c)(3), New Hampshire's SIP-
approved definitions of ``allowable emissions'' and ``potential to
emit'' are now identical to EPA's definitions of those terms in 40 CFR
52.21 (as of July 1, 2016). The changes to these two definitions
satisfies CAA section 110(l) because simply including the notion of
federal enforceability into these definitions will not interfere with
any applicable requirement concerning attainment of a NAAQS or
reasonable further progress (as defined by the CAA) or any other
applicable CAA requirement. Additionally, the State's October 26, 2016
submittal included a change to Env-A 619.07(d) so that the State
regulations now correctly identify the proper citation for the public
notice requirements relating to PSD permits.
II. Approval of New Hampshire's January 31, 2017 SIP Submittal Revising
the Notice and Hearing Procedures for the State's NNSR, PSD, and Minor
NSR Permit Programs
On January 31, 2017, New Hampshire submitted SIP revisions to Env-A
621, Permit Notice and Hearing Procedures: Temporary Permits and
Permits to Operate. Env-A 621 establishes the public notice
requirements for the State's NNSR, PSD and minor NSR permit programs,
and replaces the current SIP-approved public notice requirements under
Env-A 205, Public Notice and Hearing Procedures. The SIP revisions
include provisions that render New Hampshire's PSD program's public
notice requirements consistent with the Federal SIP-approved PSD
program's public notice requirements under 40 CFR 51.166(q). The SIP
revisions also render New Hampshire's NNSR permit program's public
notice requirements consistent with the public notice requirements
under 40 CFR 51.166(q), even though the applicable Federal rules only
require SIP-approved NNSR permit programs to meet the less prescriptive
air permit program public notice requirements under 40 CFR 51.161.
Since the public notice requirements under 40 CFR 51.166(q)
[[Page 24059]]
are more comprehensive than 40 CFR 51.161, New Hampshire's revisions to
the public notice requirements of its NNSR permit programs are fully
approvable. Finally, New Hampshire's revisions to the public notice
requirements applicable to its minor NSR permit program are consistent
with 40 CFR 51.161. The minor NSR permit program consists of those
federal permit rules that apply to new or modified emission units with
emission increases below the PSD and NNSR program applicability
threshold levels. Since the provisions of Env-A 621 are replacing and
thus supersede the current SIP-approved public notice requirements
under Env-A 205, Public Notice and Hearing Procedures, NHDES requested
that EPA remove Env-A 205 from the SIP.
EPA has provided an analysis of these amendments in the TSD
document which is included in the docket and administrative record for
this action.
III. Approval of New Hampshire's January 18, 2017 SIP Submittal
Withdrawing Env-A 700 Permit Fee System From SIP-Approved Regulations
On January 18, 2017, the NHDES submitted to EPA a SIP revision
requesting the withdrawal of Env-A 700 Permit Fee system from the New
Hampshire SIP. EPA is approving this revision on the grounds that it is
consistent with the CAA Amendments of 1990 at section 110(a)(2)(L).
That section of the CAA requires SIPs to contain permit fee programs
which sufficiently cover the cost of SIP-approved major source
permitting programs, i.e., NNSR and PSD. Section 110(a)(2)(L) further
states that the SIP requirement for a permit fee system may be
superseded if a state's fee program under subchapter V of the CAA
Amendments (colloquially referred to as the title V operating permit
program) is applicable to the same sources and is approved by the
Administrator. New Hampshire's title V operating permit program
received interim approval in 1996 and full approval in 2001. In EPA's
proposed interim approval, we stated that ``. . .New Hampshire has
demonstrated that the state is collecting sufficient permit fees to
meet EPA's [title V operating permitting program requirements].'' See
61 FR 42225 (August 14, 1996). Furthermore, New Hampshire's title V
operating permit program covers the same sources as the SIP-approved
major source permitting programs.
IV. Approval of New Hampshire's November 17, 2015 SIP Submittal
Addressing the 2010 NO2 NAAQS Infrastructure SIP
Requirements Under Section 110(a)(2)(D)(i)(I) of the CAA
A. What is the background information for New Hampshire's November 17,
2015 SIP submittal?
On November 17, 2015, NHDES submitted to EPA as a SIP revision its
``Amendment to New Hampshire [sic] 2008 Ozone 8-hour and 2010 Nitrogen
Dioxide 1-hour NAAQS Infrastructure SIPs to Address the Good Neighbor
Requirements of Clean Air Act Section 110(a)(2)(D)(i)(I).'' EPA
approved this submittal with respect to the 2008 ozone NAAQS on October
13, 2016 (81 FR 70631). Our evaluation of the submittal with respect to
the 2010 NO2 standard is discussed later in this preamble.
B. What is required under section 110(a)(2)(D(i)(I)?
Section 110(a)(2)(D)(i)(I) of the CAA, known as the ``good neighbor
provision,'' requires each state to include ``adequate provisions'' in
its SIP prohibiting ``any source or other type of emissions activity
within the State from emitting any air pollutant in amounts which will
contribute significantly to nonattainment in, or interfere with
maintenance by, any other State with respect to any [national ambient
air quality standard].'' 42 U.S.C. 7410(a)(2)(D)(i)(I). New Hampshire
was required to address these provisions for the 2010 NO2
NAAQS.
C. How did New Hampshire meet these requirements for the 2010
NO2 NAAQS?
New Hampshire's infrastructure SIP submission to address the good
neighbor requirements of CAA section 110(a)(2)(D)(i)(I) notes that on
January 20, 2012, EPA designated all areas of the country as
``unclassifiable/attainment'' for the 2010 NO2 NAAQS. EPA
did this because design values (DVs) for the 2008-2010 period at all
monitored sites met the NAAQS. Measurements from 2013-2015 indicate
continued attainment of the 2010 NO2 NAAQS throughout the
country. New Hampshire currently operates one NO2 monitor
located in Londonderry. The DV is based on the 3-year average of the
98th percentile of the yearly distribution of 1-hour daily maximum
concentrations. The 98th percentile in 2014 and 2015 were 25.3 and 22.7
parts per billion (ppb), respectively. (The State has insufficient data
to determine the DV for the entire period from 2013 through 2015 due to
the lack of data capture in 2013.) The values from 2014 and 2015,
however, are significantly less than the national ambient air quality
standard for NO2, which is 100 ppb. However, the absence of
a violating ambient air quality monitor within the State is
insufficient by itself to demonstrate that New Hampshire has met its
interstate transport obligation. While the DV may help to assist in
characterizing air quality within New Hampshire, section
110(a)(2)(D)(i)(I) specifically addresses the effects that sources
within New Hampshire have on air quality in neighboring states.
Therefore, an evaluation and analysis of DV's in neighboring states is
appropriate.
Table I contains the highest NO2 design values for the
three states neighboring New Hampshire, i.e., Maine, Vermont, and
Massachusetts.
Table 1--Highest NO2 Design Values in PPB for AQS Monitors in Massachusetts, Vermont, and Maine
----------------------------------------------------------------------------------------------------------------
AQS monitor Design value
State site Monitor location (2013-2015)
----------------------------------------------------------------------------------------------------------------
Maine......................................... 23-003-1100 Presque Isle.................... 20
Massachusetts *............................... 25-025-0002 Boston.......................... 51
Vermont....................................... 500210002 Rutland......................... 37
----------------------------------------------------------------------------------------------------------------
* There were three monitoring sites with DV of 51 ppb in Massachusetts. Two were in Boston and one was in
Worcester.
As shown by the Table 1 chart in this preamble, the highest
NO2 design value in each neighboring state is significantly
less than the NO2 NAAQS. As a result, EPA finds that sources
or emissions activity from within New Hampshire will not interfere with
other states' ability to attain and maintain the 2010 NO2
NAAQS.
The New Hampshire submittal notes that New Hampshire nitrogen
oxides (NOX) emissions have been declining, with total
statewide NOX emissions dropping from 69,836 tons in 2002 to
[[Page 24060]]
37,292 tons in 2011. In 2014, statewide NOX emissions were
36,014 tons. Our review of NOX emissions data from New
Hampshire sources, which New Hampshire has entered into the EPA
National Emissions Inventory database, confirms this emission data. In
light of the analysis, EPA is approving New Hampshire's infrastructure
submittal for the 2010 NO2 NAAQS as it pertains to section
110(a)(2)(D)(i)(I) of the CAA.
V. Final Action
A. Full Approval of EPA's September 25, 2015, December 16, 2015, and
July 8, 2016 Conditional Approvals
EPA is approving the PSD and NNSR permitting program provisions
included in NHDES's October 22, 2016 SIP submittal and is converting
the September 25, 2015 conditional approval to a full approval. EPA is
also converting the December 16, 2015 and July 8, 2016 conditional
approvals relating to New Hampshire's infrastructure SIPs\1\ for the
2008 ozone, 2008 Lead, 2010 SO2, 2010 NO2, 1997
PM2.5, and the 2006 PM2.5 NAAQS, to a full
approval.
---------------------------------------------------------------------------
\1\ Specifically, the State's SIP revision submission addressed
the public notice requirements discussed earlier in this action.
---------------------------------------------------------------------------
B. Approval of New Hampshire's January 31, 2017 SIP Submittal Revising
the Notice and Hearing Procedures for the State's NNSR and PSD Permit
Programs and Minor NSR Permit Program
EPA is approving into the New Hampshire SIP Env-A 621, Permit
Notice and Hearing Procedures: Temporary permits and Permits to Operate
submitted on January 31, 2017. In addition, since the provisions under
Env-A 621 supersede the current SIP-approved public hearing provisions
under Env-A 205 Public Notice and Hearing Procedures, EPA is removing
Env-A 205 in its entirety from the SIP. Because the requirements of
Env-621 are no less stringent that the requirements of Env-A 205, this
SIP revision also meets section 110(l) of the CAA.
C. Approval of New Hampshire's January 18, 2017 SIP Submittal
Withdrawing Env-A 700 Permit Fee System From SIP-Approved Regulations
EPA is approving NHDES's January 18, 2017 submittal requesting
withdrawal of Env-A 700 Permit Fee System from the New Hampshire SIP.
EPA finds that the New Hampshire SIP revision is consistent with the
requirements of section 110(a)(2)(L) of the CAA, as described earlier
in this action. EPA is therefore removing Env-A 700 in its entirety
from the SIP in light of the State's title V operating permit program
fee requirements.
D. Approval of New Hampshire's November 17, 2015 SIP Submittal
Addressing the 2010 NO2 NAAQS Infrastructure SIP
Requirements Under Section 110(a)(2)(D)(i)(I) of the CAA
EPA is approving NHDES's November 17, 2015 submittal that addresses
the infrastructure SIP requirements under Section 110(a)(2)(D)(i)(I)
for the 2010 NO2 NAAQS. The analysis provided in the
submittal shows that: (1) NO2 concentrations in New
Hampshire are significantly below the 2010 NO2 NAAQS; (2)
NOX emissions within New Hampshire continue to decrease over
time; and (3) sources of NOX emissions, or other types of
emissions activity, in New Hampshire do not contribute significantly to
nonattainment in, or interfere with maintenance by, any other State
with respect to the NO2 NAAQS.
E. Rationale for Direct Final Rulemaking
EPA is publishing these actions without prior proposal because the
Agency views these as noncontroversial amendments and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revisions should
relevant adverse comments be filed. This rule will be effective July
24, 2017 without further notice unless the Agency receives relevant
adverse comments by June 26, 2017.
If the EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on July 24, 2017 and no further action will be
taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
VI. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of New
Hampshire's Env-A 618, Env-A 619.03, Env-A 619.07, and Env-A 621
(except for Env-A 621.10) and the removal of Env-A 205 and Env-A 700
described in the amendments to 40 CFR part 52 set forth below. The EPA
has made, and will continue to make, these materials generally
available through www.regulations.gov, and/or at the EPA Region 1
Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).
VII. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
[[Page 24061]]
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 24, 2017. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 19, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
Correction
In final rule FR Doc. 2017-09028, published in the issue of Friday,
May 5, 2017 (82 FR 21123), make the following correction:
On page 21123, in the third column, remove amendatory instruction
2.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart EE--New Hampshire
Sec. 52.1519 [Amended]
0
2. Section 52.1519 is amended by removing and reserving paragraphs
(a)(5) through (11).
0
3. Section 52.1520 is amended by:
0
a. In the table in paragraph (c):
0
i. Revising the entries for ``Env-A 200'' and ``Env-A 600''; and
0
ii. Removing the entry for ``Env-A 700''; and
0
b. In the table in paragraph (e):
0
i. Revising the entries ``Infrastructure SIP for 2008 ozone NAAQS'',
``Infrastructure SIP for the 2008 Lead NAAQS'', ``Infrastructure SIP
for the 2010 NO2 NAAQS'', ``Infrastructure SIP for the 1997
PM2.5 NAAQS'', and ``Infrastructure SIP for 2006
PM2.5 NAAQS'';
0
ii. Adding the entry ``Infrastructure SIP for the 2010 SO2
NAAQS'' after the entry ``Infrastructure SIP for the 2010
NO2 NAAQS''; and
0
iii. Adding an entry for ``Transport SIP for the 2010 NO2
Standard'' at the end of the table.
The revisions and additions reads as follows:
Sec. 52.1520 Identification of plan.
* * * * *
(c) * * *
EPA-Approved New Hampshire Regulations
----------------------------------------------------------------------------------------------------------------
State EPA approval date
State citation Title/subject effective date \1\ Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Env-A 200...................... Permit Notice and .............. 5/25/17 [Insert Removal of Env-A 205
Hearing Federal Register from SIP
Procedures. citation].
* * * * * * *
* * * * * * *
Env-A 600...................... Statewide Permit 10/22/16 5/25/17 [Insert Revisions to Env-A
System. Federal Register 618.01, 618.02(c), Env-
citation]. A 618.04(b), Env-A
618.04(d), Env-A
619.03(c), 619.07 and
Env-A 621(except for
621.10)
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
[[Page 24062]]
* * * * *
(e) * * *
New Hampshire NonRegulatory
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of nonregulatory SIP geographic or submittal date/ EPA approved date Explanations
provision nonattainment area effective date \ 3\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure SIP for 2008 Statewide......... 12/31/2012 5/25/2017 [Insert Items that were
ozone NAAQS. Federal Register conditionally approved
citation]. on 12/16/15 are now
fully approved.
Infrastructure SIP for the 2008 Statewide......... 11/7/2011 5/25/2017 [Insert Items that were
Lead NAAQS. Federal Register conditionally approved
citation]. on 12/16/15 are now
fully approved.
Infrastructure SIP for the 2010 Statewide......... 1/28/2013 5/25/2017 [Insert Items that were
NO2 NAAQS. Federal Register conditionally approved
citation]. on 12/16/15 are now
fully approved.
Infrastructure SIP for the 2010 Statewide......... 7/13/2013 5/25/2017 [Insert Items that were
SO2 NAAQS. Federal Register conditionally approved
citation]. on 7/8/2016 are now
fully approved.
Infrastructure SIP for the 1997 Statewide......... 7/3/2012 5/25/2017 [Insert Items that were
PM2.5 NAAQS. Federal Register conditionally approved
citation]. on 12/16/15 are now
fully approved.
Infrastructure SIP for 2006 Statewide......... 9/18/2009 5/25/2017 [Insert Items that were
PM2.5 NAAQS. Federal Register conditionally approved
citation]. on 12/16/15 are now
fully approved.
* * * * * * *
Transport SIP for the 2010 NO2 Statewide......... 11/17/2015 5/25/2017 [Insert .......................
Standard. Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
[FR Doc. 2017-09536 Filed 5-24-17; 8:45 am]
BILLING CODE 6560-50-P
