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]

Download as PDF 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: VerDate Sep<11>2014 15:57 May 24, 2017 Jkt 241001 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, PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 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 E:\FR\FM\25MYR1.SGM 25MYR1 24058 Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Rules and Regulations 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 VerDate Sep<11>2014 15:57 May 24, 2017 Jkt 241001 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. PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 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) E:\FR\FM\25MYR1.SGM 25MYR1 Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Rules and Regulations 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 VerDate Sep<11>2014 15:57 May 24, 2017 Jkt 241001 activity from within New Hampshire will not interfere with other states’ ability to attain and maintain the 2010 NO2 NAAQS. PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 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 E:\FR\FM\25MYR1.SGM 25MYR1 24060 Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Rules and Regulations 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. VerDate Sep<11>2014 15:57 May 24, 2017 Jkt 241001 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. PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 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); E:\FR\FM\25MYR1.SGM 25MYR1 24061 Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Rules and Regulations • 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. VerDate Sep<11>2014 15:57 May 24, 2017 Jkt 241001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 24062 * 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 http://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 http://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 http://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 25MYR1

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