Air Plan Approval; New Hampshire; Transport Element for the 2010 Sulfur Dioxide National Ambient Air Quality Standard, 64470-64472 [2018-27171]
Download as PDF
<![CDATA[
64470
Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Rules and Regulations
made or purchased by any financial
institution subject to examination and
supervision by any agency of the United
States or of any State may, in lieu of
such guaranty, be insured by the
Secretary under an agreement whereby
the Secretary will reimburse any such
institution for losses incurred on such
loan up to 15 percent of the aggregate
of loans so made or purchased by it.
(Authority: 38 U.S.C. 3703, 3709, 3710)
[FR Doc. 2018–27263 Filed 12–14–18; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2017–0595; FRL–9987–69–
Region 1]
Air Plan Approval; New Hampshire;
Transport Element for the 2010 Sulfur
Dioxide National Ambient Air Quality
Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of New
Hampshire. This revision addresses the
interstate transport requirements of the
Clean Air Act (CAA), referred to as the
good neighbor provision, with respect to
the 2010 sulfur dioxide (SO2) national
ambient air quality standard (NAAQS).
This action approves New Hampshire’s
demonstration that the State is meeting
its obligations regarding the transport of
SO2 emissions into other states.
DATES: This rule is effective on January
16, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2017–0595. All documents in the docket
are listed on the https://
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
Region 1 Regional Office, Office of
Ecosystem Protection, Air Permits,
Toxics and Indoor Programs Unit, 5 Post
Office Square—Suite 100, Boston, MA.
amozie on DSK3GDR082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:18 Dec 14, 2018
Jkt 247001
The EPA requests that if at all possible,
you contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Leiran Biton, Air Permits, Toxics, and
Indoor Programs Unit, U.S.
Environmental Protection Agency, EPA
Region 1, 5 Post Office Square—Suite
100, (Mail code OEP05–2), Boston, MA
02109–3912, tel. (617) 918–1267, email
biton.leiran@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On September 27, 2018 (83 FR 48765),
the EPA published a Notice of Proposed
Rulemaking (NPRM) to approve the June
16, 2017 submittal from the State of
New Hampshire as meeting the
interstate transport requirements of
CAA section 110(a)(2)(D)(i)(I) for the
2010 SO2 NAAQS. An explanation of
the CAA requirements, a detailed
analysis of the State’s submittal, and the
EPA’s rationale for approval of the
submittal were provided in the NPRM,
and will not be restated here. The public
comment period for this proposed
rulemaking ended on October 29, 2018.
The EPA received one comment from an
anonymous commenter. The
anonymous comment lacked specificity
to New Hampshire’s SIP submittal and
the interstate transport requirements of
CAA section 110(a)(2)(D)(i)(I) as they
relate to the 2010 SO2 NAAQS. A
response to the anonymous comment is
provided in the Response to Comments
section.
II. Response to Comments
Comment: The commenter stated that
emissions of SO2 can undergo chemical
reactions in the atmosphere to form fine
particle matter, and that fine particulate
matter can travel great distances
affecting regional air quality and public
health. The commenter stated that the
transport of SO2 and fine particulate
matter across state borders, referred to
as ‘‘interstate air pollution transport,’’
makes it difficult for downwind states to
meet health-based air quality standards.
The commenter stated the CAA’s ‘‘good
neighbor’’ provision requires the EPA
and states to address, through state
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
implementation plans (SIPs), interstate
transport of air pollution that
significantly contributes to
nonattainment or interferes with
maintenance of a NAAQS in a
downwind area in another state. The
commenter asserted that New
Hampshire must prove this SIP revision
addresses and meets the obligations of
the interstate transport requirements of
the CAA respective to the 2010 SO2
NAAQS. The commenter concluded,
‘‘To meet these obligations they must
prove that the interstate transport
requirements for all NAAQS pollutants
prohibit any state from emitting any air
pollutant in amounts that will
contribute significantly to
nonattainment, or interfere with
maintenance, of the NAAQS in another
state.’’
Response: The commenter did
provide some general information about
the formation of fine particulate matter
from SO2, but did not provide specific
information to support not approving
New Hampshire’s June 16, 2017
submittal. Fine particulate matter,
generally referring to particulate matter
(PM) with aerodynamic diameter less
than or equal to 2.5 micrometers (PM2.5),
can travel great distances. PM2.5 can be
emitted directly or formed secondarily
through chemical transformation in the
atmosphere involving a variety of
precursor pollutants, including SO2.
The EPA has addressed interstate
transport of PM2.5, including
secondarily-formed PM2.5, through a
separate action related to New
Hampshire’s SIP submittal for the 2012
PM2.5 infrastructure SIP. The EPA
proposed to approve a revision to the
New Hampshire SIP that included the
provisions related to transport for the
2012 PM2.5 NAAQS on April 10, 2018
(83 FR 15343); EPA took action in a
final rule to approve the New
Hampshire SIP provisions related to
interstate transport and other elements
for the 2012 PM2.5 NAAQS on December
4, 2018 (83 FR 62464).
It is unclear what the commenter
intended in the quoted final sentence of
the comment. If the commenter meant to
note that the CAA generally imposes an
obligation that the state’s interstate
transport SIP for a new or revised
NAAQS adequately meets the good
neighbor provision for that NAAQS, we
agree and believe that the New
Hampshire SO2 interstate transport SIP
submittal meets these CAA obligations,
as stated in our NPRM. Alternatively, if
the commenter meant that this SO2
interstate transport SIP must address
transport for all NAAQS, we disagree.
The EPA interprets the CAA to
require each state to demonstrate that it
E:\FR\FM\17DER1.SGM
17DER1
Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Rules and Regulations
meets the ‘‘good neighbor’’ provisions of
the CAA for a new or revised NAAQS
for any of the six criteria air pollutants
(carbon monoxide, lead, nitrogen
dioxide, ozone, particle pollution, and
sulfur dioxide). Particularly, CAA
section 110(a)(1) requires states, three
years after the promulgation of a
NAAQS, to submit a plan that meets the
requirements of 110(a)(2), which
includes the interstate transport
requirements of 110(a)(2)(D)(i)(I), for
‘‘such’’ NAAQS. The EPA believes the
specification of ‘‘such’’ in relation to a
particular NAAQS under 110(a)(1)
narrows the state’s obligation to submit
an interstate transport SIP for that
specific NAAQS, rather than requiring
the state to demonstrate that its
transport SIP is intended to address a
particular NAAQS also meets the
interstate transport requirements for all
NAAQS. The EPA assesses each state’s
interstate transport SIP demonstration
on a pollutant by pollutant basis, and
for pollutants that result from both
primary emissions and secondary (i.e.,
chemical) formation, the EPA does
assess both primary and secondary
impacts. Because SO2 does not form
secondarily in the atmosphere, only an
analysis of primary emissions is
necessary. The EPA’s NPRM to approve
New Hampshire’s June 16, 2017
submittal provided a weight-of-evidence
analysis that addressed the ‘‘good
neighbor’’ provision of the CAA. The
EPA’s assessment of New Hampshire’s
analysis presented in the NPRM
proposed to find that the SIP revision
sufficiently addresses that New
Hampshire will not significantly
contribute to nonattainment of the 1hour SO2 NAAQS or interfere
maintenance of the SO2 NAAQS in
another state. The commenter does not
point to any specific alleged flaw or gap
in the EPA’s assessment.
Therefore, the EPA is not making any
changes to its proposed action based on
the comments submitted by the
commenter.
amozie on DSK3GDR082PROD with RULES
III. Final Action
The EPA is approving New
Hampshire’s June 16, 2017 transport SIP
submission for the 2010 SO2 NAAQS as
a revision to the New Hampshire SIP.
IV. 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
VerDate Sep<11>2014
16:18 Dec 14, 2018
Jkt 247001
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);
• This action is not an Executive
Order 13771 regulatory action because
this action is not significant under
Executive Order 12866;
• 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 (Public Law 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
64471
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 February 15,
2019. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Sulfur oxides.
Dated: December 10, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
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
2. Amend § 52.1520 in the table in
paragraph (e) by adding an entry for
‘‘Amendment to New Hampshire 2010
Sulfur Dioxide NAAQS Infrastructure
SIP to Address the Good Neighbor
Requirements of Clean Air Act Section
110(a)(2)(D)(i)(I)’’ at the end of the table
to read as follows:
■
§ 52.1520
*
E:\FR\FM\17DER1.SGM
*
Identification of plan.
*
17DER1
*
*
64472
Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Rules and Regulations
(e) * * *
NEW HAMPSHIRE NONREGULATORY
Name of nonregulatory SIP provision
Applicable geographic or nonattainment area
*
*
Amendment to New Hampshire
2010 Sulfur Dioxide NAAQS Infrastructure SIP to Address the
Good Neighbor Requirements of
Clean
Air
Act
Section
110(a)(2)(D)(i)(I).
*
*
Statewide .......................................
[FR Doc. 2018–27171 Filed 12–14–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2017–0700; FRL–9987–75–
Region 5]
Air Plan Approval; Indiana; CrossState Air Pollution Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
submittal concerning the Cross-State Air
Pollution Rule (CSAPR) that was
submitted by Indiana on November 27,
2017 as a revision to the Indiana state
implementation plan (SIP). Under
CSAPR, large electricity generating units
(EGUs) in Indiana are currently subject
to Federal implementation plans (FIPs)
requiring the units to participate in
CSAPR’s Federal trading program for
annual emissions of nitrogen oxides
(NOX), one of CSAPR’s two Federal
trading programs for annual emissions
of sulfur dioxide (SO2), and one of
CSAPR’s two Federal trading programs
for ozone season emissions of NOX. This
action approves the State’s regulations
requiring large Indiana EGUs to
participate in new CSAPR state trading
programs for annual NOX, annual SO2,
and ozone season NOX emissions
integrated with the CSAPR Federal
trading programs, replacing the
corresponding FIP requirements. EPA is
approving the State’s submission
because it meets the requirements of the
Clean Air Act (CAA or Act) and EPA’s
regulations for approval of a CSAPR full
SIP revision replacing the requirements
of a CSAPR FIP. Under the CSAPR
regulations, approval of the SIP revision
automatically eliminates Indiana’s
amozie on DSK3GDR082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:18 Dec 14, 2018
Jkt 247001
State
submittal
date/
effective date
EPA approved date
6/16/2017
*
*
12/17/2018 [Insert Federal Register citation]
units’ requirements under the
corresponding CSAPR FIPs addressing
Indiana’s interstate transport (or ‘‘good
neighbor’’) obligations with respect to
the 1997 fine particulate matter (PM2.5)
national ambient air quality standard
(NAAQS), the 2006 PM2.5 NAAQS, the
1997 ozone NAAQS, and the 2008
ozone NAAQS. Like the CSAPR FIP
requirements that are being replaced,
approval of the SIP revision fully
satisfies Indiana’s good neighbor
obligations with respect to attainment
and maintenance of the 1997 PM2.5
NAAQS, the 2006 PM2.5 NAAQS, and
the 1997 ozone NAAQS and partially
satisfies Indiana’s good neighbor
obligation with respect to attainment
and maintenance of the 2008 ozone
NAAQS. EPA proposed approval of the
State’s submission on August 14, 2018.
Explanations
*
FOR FURTHER INFORMATION CONTACT:
Sarah Arra, Environmental Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–9401,
arra.sarah@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. Overview
II. Background on CSAPR and CSAPRRelated SIP Revisions
III. Indiana’s SIP Submittal and EPA’s
Analysis
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
DATES:
I. Overview
EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2017–0700. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Sarah
Arra, Environmental Scientist, at (312)
886–9401 before visiting the Region 5
office.
EPA is approving a November 27,
2017 submittal as a revision to the
Indiana SIP to include CSAPR state
trading programs for annual emissions
of NOX and SO2 and ozone season
emissions of NOX. Large EGUs in
Indiana are subject to CSAPR FIPs that
require the units to participate in the
Federal CSAPR NOX Annual Trading
Program, the Federal CSAPR SO2 Group
1 Trading Program, and the Federal
CSAPR NOX Ozone Season Group 2
Trading Program. CSAPR provides a
process for the submission and approval
of SIP revisions to replace the
requirements of CSAPR FIPs with SIP
requirements under which a state’s
units participate in CSAPR state trading
programs that are integrated with and,
with certain permissible exceptions,
substantively identical to the CSAPR
Federal trading programs.
The submission incorporates into
Indiana’s SIP state trading program
regulations for annual NOX, annual SO2,
and ozone season NOX emissions that
replace EPA’s Federal trading program
regulations for these emissions from
This final rule is effective on
December 17, 2018.
ADDRESSES:
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
E:\FR\FM\17DER1.SGM
17DER1
]]>Agencies
[Federal Register Volume 83, Number 241 (Monday, December 17, 2018)]
[Rules and Regulations]
[Pages 64470-64472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27171]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2017-0595; FRL-9987-69-Region 1]
Air Plan Approval; New Hampshire; Transport Element for the 2010
Sulfur Dioxide National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of New
Hampshire. This revision addresses the interstate transport
requirements of the Clean Air Act (CAA), referred to as the good
neighbor provision, with respect to the 2010 sulfur dioxide
(SO2) national ambient air quality standard (NAAQS). This
action approves New Hampshire's demonstration that the State is meeting
its obligations regarding the transport of SO2 emissions
into other states.
DATES: This rule is effective on January 16, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R01-OAR-2017-0595. All documents in the
docket are listed on the https://www.regulations.gov website. Although
listed in the index, some information is not publicly available, i.e.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
the internet and will be publicly available only in hard copy form.
Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
Region 1 Regional Office, Office of Ecosystem Protection, Air Permits,
Toxics and Indoor Programs Unit, 5 Post Office Square--Suite 100,
Boston, MA. The EPA requests that if at all possible, you contact the
contact listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
legal holidays.
FOR FURTHER INFORMATION CONTACT: Leiran Biton, Air Permits, Toxics, and
Indoor Programs Unit, U.S. Environmental Protection Agency, EPA Region
1, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA
02109-3912, tel. (617) 918-1267, email biton.leiran@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On September 27, 2018 (83 FR 48765), the EPA published a Notice of
Proposed Rulemaking (NPRM) to approve the June 16, 2017 submittal from
the State of New Hampshire as meeting the interstate transport
requirements of CAA section 110(a)(2)(D)(i)(I) for the 2010
SO2 NAAQS. An explanation of the CAA requirements, a
detailed analysis of the State's submittal, and the EPA's rationale for
approval of the submittal were provided in the NPRM, and will not be
restated here. The public comment period for this proposed rulemaking
ended on October 29, 2018. The EPA received one comment from an
anonymous commenter. The anonymous comment lacked specificity to New
Hampshire's SIP submittal and the interstate transport requirements of
CAA section 110(a)(2)(D)(i)(I) as they relate to the 2010
SO2 NAAQS. A response to the anonymous comment is provided
in the Response to Comments section.
II. Response to Comments
Comment: The commenter stated that emissions of SO2 can
undergo chemical reactions in the atmosphere to form fine particle
matter, and that fine particulate matter can travel great distances
affecting regional air quality and public health. The commenter stated
that the transport of SO2 and fine particulate matter across
state borders, referred to as ``interstate air pollution transport,''
makes it difficult for downwind states to meet health-based air quality
standards. The commenter stated the CAA's ``good neighbor'' provision
requires the EPA and states to address, through state implementation
plans (SIPs), interstate transport of air pollution that significantly
contributes to nonattainment or interferes with maintenance of a NAAQS
in a downwind area in another state. The commenter asserted that New
Hampshire must prove this SIP revision addresses and meets the
obligations of the interstate transport requirements of the CAA
respective to the 2010 SO2 NAAQS. The commenter concluded,
``To meet these obligations they must prove that the interstate
transport requirements for all NAAQS pollutants prohibit any state from
emitting any air pollutant in amounts that will contribute
significantly to nonattainment, or interfere with maintenance, of the
NAAQS in another state.''
Response: The commenter did provide some general information about
the formation of fine particulate matter from SO2, but did
not provide specific information to support not approving New
Hampshire's June 16, 2017 submittal. Fine particulate matter, generally
referring to particulate matter (PM) with aerodynamic diameter less
than or equal to 2.5 micrometers (PM2.5), can travel great
distances. PM2.5 can be emitted directly or formed
secondarily through chemical transformation in the atmosphere involving
a variety of precursor pollutants, including SO2. The EPA
has addressed interstate transport of PM2.5, including
secondarily-formed PM2.5, through a separate action related
to New Hampshire's SIP submittal for the 2012 PM2.5
infrastructure SIP. The EPA proposed to approve a revision to the New
Hampshire SIP that included the provisions related to transport for the
2012 PM2.5 NAAQS on April 10, 2018 (83 FR 15343); EPA took
action in a final rule to approve the New Hampshire SIP provisions
related to interstate transport and other elements for the 2012
PM2.5 NAAQS on December 4, 2018 (83 FR 62464).
It is unclear what the commenter intended in the quoted final
sentence of the comment. If the commenter meant to note that the CAA
generally imposes an obligation that the state's interstate transport
SIP for a new or revised NAAQS adequately meets the good neighbor
provision for that NAAQS, we agree and believe that the New Hampshire
SO2 interstate transport SIP submittal meets these CAA
obligations, as stated in our NPRM. Alternatively, if the commenter
meant that this SO2 interstate transport SIP must address
transport for all NAAQS, we disagree.
The EPA interprets the CAA to require each state to demonstrate
that it
[[Page 64471]]
meets the ``good neighbor'' provisions of the CAA for a new or revised
NAAQS for any of the six criteria air pollutants (carbon monoxide,
lead, nitrogen dioxide, ozone, particle pollution, and sulfur dioxide).
Particularly, CAA section 110(a)(1) requires states, three years after
the promulgation of a NAAQS, to submit a plan that meets the
requirements of 110(a)(2), which includes the interstate transport
requirements of 110(a)(2)(D)(i)(I), for ``such'' NAAQS. The EPA
believes the specification of ``such'' in relation to a particular
NAAQS under 110(a)(1) narrows the state's obligation to submit an
interstate transport SIP for that specific NAAQS, rather than requiring
the state to demonstrate that its transport SIP is intended to address
a particular NAAQS also meets the interstate transport requirements for
all NAAQS. The EPA assesses each state's interstate transport SIP
demonstration on a pollutant by pollutant basis, and for pollutants
that result from both primary emissions and secondary (i.e., chemical)
formation, the EPA does assess both primary and secondary impacts.
Because SO2 does not form secondarily in the atmosphere,
only an analysis of primary emissions is necessary. The EPA's NPRM to
approve New Hampshire's June 16, 2017 submittal provided a weight-of-
evidence analysis that addressed the ``good neighbor'' provision of the
CAA. The EPA's assessment of New Hampshire's analysis presented in the
NPRM proposed to find that the SIP revision sufficiently addresses that
New Hampshire will not significantly contribute to nonattainment of the
1-hour SO2 NAAQS or interfere maintenance of the
SO2 NAAQS in another state. The commenter does not point to
any specific alleged flaw or gap in the EPA's assessment.
Therefore, the EPA is not making any changes to its proposed action
based on the comments submitted by the commenter.
III. Final Action
The EPA is approving New Hampshire's June 16, 2017 transport SIP
submission for the 2010 SO2 NAAQS as a revision to the New
Hampshire SIP.
IV. 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);
This action is not an Executive Order 13771 regulatory
action because this action is not significant under Executive Order
12866;
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 (Public Law 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 15, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Sulfur
oxides.
Dated: December 10, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
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
0
2. Amend Sec. 52.1520 in the table in paragraph (e) by adding an entry
for ``Amendment to New Hampshire 2010 Sulfur Dioxide NAAQS
Infrastructure SIP to Address the Good Neighbor Requirements of Clean
Air Act Section 110(a)(2)(D)(i)(I)'' at the end of the table to read as
follows:
Sec. 52.1520 Identification of plan.
* * * * *
[[Page 64472]]
(e) * * *
New Hampshire NonRegulatory
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of nonregulatory SIP geographic or date/ effective EPA approved date Explanations
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Amendment to New Hampshire 2010 Statewide......... 6/16/2017 12/17/2018 [Insert
Sulfur Dioxide NAAQS Federal Register
Infrastructure SIP to Address citation]
the Good Neighbor Requirements
of Clean Air Act Section
110(a)(2)(D)(i)(I).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2018-27171 Filed 12-14-18; 8:45 am]
BILLING CODE 6560-50-P
