Air Plan Approval and Air Quality Designation; New Hampshire; Redesignation of the Central New Hampshire Sulfur Dioxide Nonattainment Area, 49467-49470 [2019-20148]
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<![CDATA[
Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES
make, these materials available
electronically through https://
www.regulations.gov and in hard copy
at the EPA Region IX Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
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, the 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted 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 (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);
• 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 the EPA with the
discretionary authority to address, as
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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 the 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. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 19,
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,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur Oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
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49467
Dated: July 16, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Part 52, 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 F—California
2. Section 52.220 is amended by
adding paragraphs (c)(509)(i)(A)(2) and
(c)(524) to read as follows:
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(509) * * *
(i) * * *
(A) * * *
(2) Previously approved on November
30, 2018 in paragraph (c)(509)(i)(A)(1) of
this section and now deleted with
replacement in paragraph
(c)(524)(i)(A)(1) of this section, Rule
1325.
*
*
*
*
*
(524) New and amended regulations
for the following APCDs were submitted
on April 24, 2019 by the Governor’s
designee.
(i) Incorporation by Reference. (A)
South Coast Air Quality Management
District.
(1) Rule 1325, ‘‘Federal PM2.5 New
Source Review Program’’ amended on
January 4, 2019.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
§ 52.248
[Amended]
3. Section 52.248 is amended by
removing and reserving paragraph (f).
■
[FR Doc. 2019–19999 Filed 9–19–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R01–OAR–2019–0352; FRL–9999–84–
Region 1]
Air Plan Approval and Air Quality
Designation; New Hampshire;
Redesignation of the Central New
Hampshire Sulfur Dioxide
Nonattainment Area
Environmental Protection
Agency (EPA).
AGENCY:
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49468
ACTION:
Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Rules and Regulations
Final rule.
I. Background and Purpose
The Environmental Protection
Agency (EPA) is redesignating the
Central New Hampshire nonattainment
area from nonattainment to attainment
for the 2010 1-hour primary sulfur
dioxide (SO2) national ambient air
quality standard (NAAQS). EPA is also
approving the maintenance plan
submitted by the State of New
Hampshire for the area for the SO2
NAAQS. This nonattainment area
consists of portions of Hillsborough
County, Merrimack County, and
Rockingham County, New Hampshire.
The primary emission source in the area
is now subject to federally-enforceable
emission control standards, and air
quality in the area now meets the SO2
NAAQS. This action is being taken
under the Clean Air Act.
DATES: This rule is effective on
September 20, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2019–0352. 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, Air and
Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Leiran Biton, Air Permits, Toxics and
Indoor Programs Branch, U.S.
Environmental Protection Agency, EPA
Region 1, 5 Post Office Square—Suite
100, (Mail code 05–2), 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.
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SUMMARY:
Table of Contents
I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews
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On July 31, 2019 (84 FR 37187), EPA
published a Notice of Proposed
Rulemaking (NPRM) for the State of
New Hampshire. In the NPRM, EPA
proposed to redesignate the Central New
Hampshire nonattainment area from
nonattainment to attainment for the
2010 1-hour primary SO2 NAAQS. EPA
also proposed to approve the
maintenance plan New Hampshire
submitted to ensure the area will
continue to maintain the SO2 NAAQS.
New Hampshire submitted the request
for redesignation and state
implementation plan (SIP) submittal on
March 16, 2018.
The NPRM provides the rationale for
EPA’s proposed approval, which will
not be restated here. EPA received no
public comments during the public
comment period in response to the
NPRM.
II. Final Action
EPA is redesignating the Central New
Hampshire nonattainment area from
nonattainment to attainment for the
2010 1-hour primary SO2 NAAQS by
amending 40 CFR 81.330. EPA is also
approving the maintenance plan
submitted by the State of New
Hampshire for the Central New
Hampshire nonattainment area for the
2010 1-hour primary SO2 NAAQS as an
addition to the New Hampshire SIP at
40 CFR 52.1520(e), ‘‘Nonregulatory.’’
In accordance with 5 U.S.C. 553(d),
EPA finds there is good cause for these
actions to become effective immediately
upon publication. This is because a
delayed effective date is unnecessary
due to the nature of a redesignation to
attainment, which relieves the area from
certain CAA requirements that would
otherwise apply to it. The immediate
effective date for this action is
authorized under both 5 U.S.C.
553(d)(1), which provides that
rulemaking actions may become
effective less than 30 days after
publication if the rule ‘‘grants or
recognizes an exemption or relieves a
restriction,’’ and section 553(d)(3),
which allows an effective date less than
30 days after publication ‘‘as otherwise
provided by the agency for good cause
found and published with the rule.’’
The purpose of the 30-day waiting
period prescribed in section 553(d) is to
give affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. Today’s rule,
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect.
Rather, today’s rule relieves the State of
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planning requirements for this SO2
nonattainment area. For these reasons,
EPA finds good cause under 5 U.S.C.
553(d)(3) for these actions to become
effective on the date of publication of
these actions.
III. 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);
• 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 (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);
• 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
E:\FR\FM\20SER1.SGM
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49469
Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Rules and Regulations
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 19,
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
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 12, 2019.
Dennis Deziel,
Regional Administrator, EPA Region 1.
Parts 52 and 81 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.
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
40 CFR Part 81
Environmental protection, Air
pollution control, Carbon monoxide,
Subpart EE—New Hampshire
2. In § 52.1520, in paragraph (e),
amend the table by adding an entry at
the end to read as follows:
■
§ 52.1520
*
Identification of plan.
*
*
(e) * * *
*
*
NEW HAMPSHIRE NONREGULATORY
Name of nonregulatory SIP
provision
Applicable geographic
or nonattainment
area
*
*
*
1-Hour Sulfur Dioxide (2010
Central New Hampshire SO2
Standard) Redesignation
Nonattainment Area.
Request and Maintenance
Plan for the Central New
Hampshire Nonattainment
Area.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
State
submittal
date/effective
date
*
3/16/2018
EPA approved date
Explanations
*
9/20/2019 [Insert Federal
Register citation].
Authority: 42 U.S.C. 7401 et seq.
Subpart C—Section 107 Attainment
Status Designations
4. Section 81.330 is amended in the
table entitled ‘‘New Hampshire—2010
■
*
*
The maintenance plan for the
2010 SO2 NAAQS is Section 6 of this submittal.
Sulfur Dioxide NAAQS (Primary)’’ by
revising the entry for ‘‘Central New
Hampshire, NH’’ to read as follows:
§ 81.330
*
*
New Hampshire.
*
*
*
NEW HAMPSHIRE—2010 SULFUR DIOXIDE NAAQS
[Primary]
Designation
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Designated area 1
Date 2
Central New Hampshire, NH ...........................................................................................................
Hillsborough County (part).
Goffstown Town.
Merrimack County (part).
Allenstown Town, Bow Town, Chichester Town, Dunbarton Town, Epsom Town,
Hooksett Town, Loudon Town, Pembroke Town, Pittsfield Town, City of Concord.
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15:59 Sep 19, 2019
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September 20, 2019
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Type
Attainment.
49470
Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Rules and Regulations
NEW HAMPSHIRE—2010 SULFUR DIOXIDE NAAQS—Continued
[Primary]
Designation
Designated area 1
Date 2
Type
Rockingham County (part).
Candia Town, Deerfield Town, Northwood Town.
*
*
*
*
*
*
*
1 Includes
any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
2 This date is April 9, 2018, unless otherwise noted.
[FR Doc. 2019–20148 Filed 9–19–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2018–0851; FRL–9999–86–
OAR]
RIN 2060–AU27
Standards of Performance for
Stationary Compression Ignition
Internal Combustion Engines;
Withdrawal of Direct Final Rule
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
Because the U.S.
Environmental Protection Agency (EPA)
received adverse comment, we are
withdrawing the direct final rule
amending the Standards of Performance
for Stationary Compression Ignition
Internal Combustion Engines published
on July 5, 2019.
DATES: The direct final rule published
on July 5, 2019 (84 FR 32084), is
withdrawn effective September 20,
2019.
SUMMARY:
For
questions about this action, contact
Melanie King, Sector Policies and
Programs Division (D243–01), Office of
Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number: (919) 541–
2469; fax number: (919) 541–4991; and
email address: king.melanie@epa.gov.
SUPPLEMENTARY INFORMATION: On July 5,
2019, the EPA published a direct final
rule (84 FR 32084) and a parallel
proposal (84 FR 32114) to amend the
Standards of Performance for Stationary
Compression Ignition Internal
Combustion Engines to revise the
emission standards for particulate
matter for new stationary compression
khammond on DSKJM1Z7X2PROD with RULES
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
15:59 Sep 19, 2019
Jkt 247001
ignition engines located in remote areas
of Alaska. We stated in that direct final
rule that if we received adverse
comment by August 5, 2019, the direct
final rule would not take effect and we
would publish a timely withdrawal in
the Federal Register. We subsequently
received adverse comment on that direct
final rule and are withdrawing it. We
will address those comments in any
subsequent final action, which will be
based on the parallel proposed rule also
published on July 5, 2019. As stated in
the direct final rule and parallel
proposed rule, we will not institute a
second comment period on this action.
List of Subjects in 40 CFR Part 60
Environmental protection,
Administrative practice and procedure,
Air pollution control, Reporting and
recordkeeping requirements.
Dated: September 9, 2019.
Andrew R. Wheeler,
Administrator.
PART 60—STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES
Accordingly, the final rule amending
40 CFR 60.4216 published in the
Federal Register on July 5, 2019 (84 FR
32084), is withdrawn effective
September 20, 2019.
■
[FR Doc. 2019–20128 Filed 9–19–19; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–OAR–2018–0836; FRL–9999–87–
OAR]
RIN 2060–AU43
Relaxation of the Federal Reid Vapor
Pressure (RVP) Gasoline Volatility
Standard for the Atlanta RVP Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a request from Georgia for EPA
to relax the federal Reid Vapor Pressure
(RVP) standard applicable to gasoline
introduced into commerce from June 1
to September 15 of each year for the
following Georgia counties: Cherokee,
Clayton, Cobb, Coweta, DeKalb,
Douglas, Fayette, Forsyth, Fulton,
Gwinnett, Henry, Paulding, and
Rockdale (the Atlanta RVP Area).
Specifically, EPA is approving
amendments to the regulations to allow
the gasoline RVP standard for the
Atlanta RVP Area to change from 7.8
pounds per square inch (psi) to 9.0 psi.
EPA has determined that this change to
the federal RVP regulation is consistent
with the applicable provisions of the
Clean Air Act (CAA).
DATES: This final rule is effective on
October 21, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2018–0836. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, e.g., 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
SUMMARY:
E:\FR\FM\20SER1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 183 (Friday, September 20, 2019)]
[Rules and Regulations]
[Pages 49467-49470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20148]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R01-OAR-2019-0352; FRL-9999-84-Region 1]
Air Plan Approval and Air Quality Designation; New Hampshire;
Redesignation of the Central New Hampshire Sulfur Dioxide Nonattainment
Area
AGENCY: Environmental Protection Agency (EPA).
[[Page 49468]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is redesignating the
Central New Hampshire nonattainment area from nonattainment to
attainment for the 2010 1-hour primary sulfur dioxide (SO2)
national ambient air quality standard (NAAQS). EPA is also approving
the maintenance plan submitted by the State of New Hampshire for the
area for the SO2 NAAQS. This nonattainment area consists of
portions of Hillsborough County, Merrimack County, and Rockingham
County, New Hampshire. The primary emission source in the area is now
subject to federally-enforceable emission control standards, and air
quality in the area now meets the SO2 NAAQS. This action is
being taken under the Clean Air Act.
DATES: This rule is effective on September 20, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2019-0352. 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, Air and Radiation Division, 5 Post Office
Square--Suite 100, Boston, MA. EPA requests that if at all possible,
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Leiran Biton, Air Permits, Toxics and
Indoor Programs Branch, U.S. Environmental Protection Agency, EPA
Region 1, 5 Post Office Square--Suite 100, (Mail code 05-2), Boston, MA
02109-3912, tel. (617) 918-1267, email [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews
I. Background and Purpose
On July 31, 2019 (84 FR 37187), EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of New Hampshire. In the NPRM, EPA
proposed to redesignate the Central New Hampshire nonattainment area
from nonattainment to attainment for the 2010 1-hour primary
SO2 NAAQS. EPA also proposed to approve the maintenance plan
New Hampshire submitted to ensure the area will continue to maintain
the SO2 NAAQS. New Hampshire submitted the request for
redesignation and state implementation plan (SIP) submittal on March
16, 2018.
The NPRM provides the rationale for EPA's proposed approval, which
will not be restated here. EPA received no public comments during the
public comment period in response to the NPRM.
II. Final Action
EPA is redesignating the Central New Hampshire nonattainment area
from nonattainment to attainment for the 2010 1-hour primary
SO2 NAAQS by amending 40 CFR 81.330. EPA is also approving
the maintenance plan submitted by the State of New Hampshire for the
Central New Hampshire nonattainment area for the 2010 1-hour primary
SO2 NAAQS as an addition to the New Hampshire SIP at 40 CFR
52.1520(e), ``Nonregulatory.''
In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for these actions to become effective immediately upon publication.
This is because a delayed effective date is unnecessary due to the
nature of a redesignation to attainment, which relieves the area from
certain CAA requirements that would otherwise apply to it. The
immediate effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rulemaking actions may become
effective less than 30 days after publication if the rule ``grants or
recognizes an exemption or relieves a restriction,'' and section
553(d)(3), which allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' The purpose of the 30-day waiting period
prescribed in section 553(d) is to give affected parties a reasonable
time to adjust their behavior and prepare before the final rule takes
effect. Today's rule, however, does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. Rather, today's rule relieves the State
of planning requirements for this SO2 nonattainment area.
For these reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for
these actions to become effective on the date of publication of these
actions.
III. 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);
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 (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);
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
[[Page 49469]]
health or environmental effects, using practicable and legally
permissible methods, under Executive Order 12898 (59 FR 7629, February
16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 19, 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
40 CFR Part 81
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 12, 2019.
Dennis Deziel,
Regional Administrator, EPA Region 1.
Parts 52 and 81 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. In Sec. 52.1520, in paragraph (e), amend the table by adding an
entry at the end to read as follows:
Sec. 52.1520 Identification of plan.
* * * * *
(e) * * *
New Hampshire Nonregulatory
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of nonregulatory SIP geographic or submittal date/ EPA approved date Explanations
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1-Hour Sulfur Dioxide (2010 Central New 3/16/2018 9/20/2019 [Insert The maintenance
Standard) Redesignation Request Hampshire SO2 Federal Register plan for the 2010
and Maintenance Plan for the Nonattainment Area. citation]. SO2 NAAQS is
Central New Hampshire Section 6 of this
Nonattainment Area. submittal.
----------------------------------------------------------------------------------------------------------------
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Section 107 Attainment Status Designations
0
4. Section 81.330 is amended in the table entitled ``New Hampshire--
2010 Sulfur Dioxide NAAQS (Primary)'' by revising the entry for
``Central New Hampshire, NH'' to read as follows:
Sec. 81.330 New Hampshire.
* * * * *
New Hampshire--2010 Sulfur Dioxide NAAQS
[Primary]
----------------------------------------------------------------------------------------------------------------
Designation
Designated area \1\ -------------------------------------------------------------------------
Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Central New Hampshire, NH............. September 20, 2019................. Attainment.
Hillsborough County (part).
Goffstown Town.
Merrimack County (part).
Allenstown Town, Bow Town,
Chichester Town, Dunbarton
Town, Epsom Town, Hooksett
Town, Loudon Town, Pembroke
Town, Pittsfield Town, City
of Concord.
[[Page 49470]]
Rockingham County (part).
Candia Town, Deerfield Town,
Northwood Town.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
boundaries of any area of Indian country in this table, including any area of Indian country located in the
larger designation area. The inclusion of any Indian country in the designation area is not a determination
that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.
[FR Doc. 2019-20148 Filed 9-19-19; 8:45 am]
BILLING CODE 6560-50-P
