Air Plan Approval; New Hampshire; Negative Declaration for the Oil and Gas Industry, 19087-19089 [2020-06809]
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Federal Register / Vol. 85, No. 66 / Monday, April 6, 2020 / Rules and Regulations
before March 13, 2020, a consolidated
group may choose either—
*
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*
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*
Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. 2020–07013 Filed 4–1–20; 4:15 pm]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2020–0036]
Safety Zones; Annual Events in the
Captain of the Port Buffalo Zone
directions of the Captain of the Port
Buffalo or her designated representative.
While within a safety zone, all vessels
shall operate at the minimum speed
necessary to maintain a safe course.
This notice of enforcement is issued
under authority of 33 CFR 165.939 and
5 U.S.C. 552 (a). In addition to this
notice of enforcement in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of this enforcement period
via Broadcast Notice to Mariners or
Local Notice to Mariners. If the Captain
of the Port Buffalo determines that the
safety zone need not be enforced for the
full duration stated in this notice she
may use a Broadcast Notice to Mariners
to grant general permission to enter the
respective safety zone.
AGENCY:
Lexia M. Littlejohn,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
ACTION:
[FR Doc. 2020–07048 Filed 4–3–20; 8:45 am]
Coast Guard, DHS.
Notice of enforcement of
regulation.
BILLING CODE 9110–04–P
The Coast Guard will enforce
a safety zone located in federal
regulations for a recurring marine event.
This action is necessary and intended
for the safety of life and property on
navigable waters during this event.
During the enforcement period, no
person or vessel may enter the
respective safety zone without the
permission of the Captain of the Port
Buffalo.
SUMMARY:
The regulations in 33 CFR
165.939 listed in entry (b)(12) in Table
165.939 will be enforced from 6:45 a.m.
through 10:45 a.m. on July 18, 2020.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email LT William
Fitzgerald, Chief of Waterways
Management, U.S. Coast Guard Marine
Safety Unit Cleveland; telephone 216–
937–0124, email william.j.fitzgerald@
uscg.mil.
DATES:
The Coast
Guard will enforce the section entitled
Safety Zones; Annual Events in the
Captain of the Port Buffalo Zone listed
in in table 165.939 entry (b)(12) in 33
CFR 165.939 for the Lake Erie Open
Water Swim. Pursuant to 33 CFR
165.23, entry into, transiting, or
anchoring within the safety zone during
an enforcement period is prohibited
unless authorized by the Captain of the
Port Buffalo or her designated
representative. Those seeking
permission to enter the safety zone may
request permission from the Captain of
Port Buffalo via channel 16, VHF–FM.
Vessels and persons granted permission
to enter the safety zone shall obey the
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SUPPLEMENTARY INFORMATION:
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2020–0150; FRL–10007–
40–Region 1]
Air Plan Approval; New Hampshire;
Negative Declaration for the Oil and
Gas Industry
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of New
Hampshire. The revision provides the
state’s determination, via a negative
declaration, that there are no facilities
within its borders subject to EPA’s 2016
Control Technique Guideline (CTG) for
the oil and gas industry. The intended
effect of this action is to approve this
item into the New Hampshire SIP. This
action is being taken in accordance with
the Clean Air Act (CAA).
DATES: This direct final rule will be
effective June 5, 2020, unless EPA
receives adverse comments by May 6,
2020. 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–2020–0150 at https://
www.regulations.gov, or via email to
SUMMARY:
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19087
mcconnell.robert@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://www.epa.gov/dockets/
commenting-epa-dockets. 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: Bob
McConnell, Environmental Engineer,
Air and Radiation Division (Mail Code
05–2), U.S. Environmental Protection
Agency, Region 1, 5 Post Office Square,
Suite 100, Boston, Massachusetts,
02109–3912; (617) 918–1046.
mcconnell.robert@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background
II. Summary of SIP Revision and EPA
Analysis
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On October 27, 2016, EPA published
in the Federal Register the ‘‘Final
Control Techniques Guidelines for the
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Federal Register / Vol. 85, No. 66 / Monday, April 6, 2020 / Rules and Regulations
Oil and Natural Gas Industry.’’ See 81
FR 74798. The CTG provided
information to state, local, and tribal air
agencies to assist them in determining
reasonably available control technology
(RACT) for volatile organic compounds
(VOC) emissions from select oil and
natural gas industry emission sources.
CAA section 182(b)(2)(A) requires that
for ozone nonattainment areas classified
as Moderate or above, states must revise
their SIPs to include provisions to
implement RACT for each category of
VOC sources covered by a CTG
document. CAA section 184(b)(1)(B)
extends the RACT obligation to all areas
of states within the Ozone Transport
Region (OTR). Pursuant to CAA section
184(a), New Hampshire is a member
state of the OTR. States subject to RACT
requirements are required to adopt
controls that are at least as stringent as
those found within the CTG either via
the adoption of regulations, or by
issuance of single source Orders or
Permits that outline what the source is
required to do to meet RACT. If no
source for a particular CTG exists within
a state, the state must submit as a SIP
revision a negative declaration
documenting this fact.
II. Summary of SIP Revision and EPA
Analysis
Negative Declaration for the 2016 Oil
and Natural Gas Industry CTG
On December 17, 2019, New
Hampshire submitted a negative
declaration for the 2016 Oil and Natural
Gas Industry CTG. The term ‘‘negative
declaration’’ means that the state has
explored whether any facilities subject
to the applicability requirements of the
CTG exist within the state and
concluded that there are no such
sources within its borders. This is
consistent with EPA’s understanding of
where sources subject to the Oil and
Natural Gas Industry CTG are located,
and so we are approving New
Hampshire’s negative declaration into
the SIP.
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III. Final Action
We are approving a negative
declaration for EPA’s 2016 CTG entitled
‘‘Control Techniques Guidelines for the
Oil and Natural Gas Industry’’ into the
New Hampshire SIP.
The EPA is publishing this action
without prior proposal because the
Agency views this as a noncontroversial
amendment 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 revision
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should relevant adverse comments be
filed. This rule will be effective June 5,
2020 without further notice unless the
Agency receives relevant adverse
comments by May 6, 2020.
If the EPA receives such comments,
then EPA will publish a notice
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 June 5, 2020 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.
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);
• 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
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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
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. Section 804,
however, exempts from section 801 the
following types of rules: Rules of
particular applicability; rules relating to
agency management or personnel; and
rules of agency organization, procedure,
or practice that do not substantially
affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because
this is a rule of particular applicability,
EPA is not required to submit a rule
report regarding this action under
section 801.
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 June 5, 2020.
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
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Federal Register / Vol. 85, No. 66 / Monday, April 6, 2020 / Rules and Regulations
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 today’s 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).)
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Volatile organic
compounds.
Subpart EE—New Hampshire
2. In § 52.1520, amend the table in
paragraph (e) by adding an entry for
‘‘Negative declaration for the 2016
Control Techniques Guideline for the
Oil and Natural Gas Industry’’ at the end
of the table, to read as follows:
■
Dated: March 27, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
§ 52.1520
*
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Identification of plan.
*
*
(e) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
NEW HAMPSHIRE NONREGULATORY
Applicable
geographic or
nonattainment
area
Name of nonregulatory SIP provision
*
*
*
Negative declaration for the 2016 Control Tech- Statewide ..........
niques Guidelines for the Oil and Natural Gas
Industry.
State
submittal date/
effective date
*
12/17/2019
EPA approved date 3
*
*
4/6/2020 [Insert Federal Register citation].
Explanations
*
Negative
declaration.
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. 2020–06809 Filed 4–3–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0148; FRL–10007–
04–Region 4]
Air Quality Plans; Florida;
Infrastructure Requirements for the
2015 8-Hour Ozone National Ambient
Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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DATES:
This rule is effective May 6,
2020.
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2019–0148. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
ADDRESSES:
The Environmental Protection
Agency (EPA) is approving portions of
the State Implementation Plan (SIP)
submission provided by the State of
Florida, through the Florida Department
of Environmental Protection (FDEP),
through a letter dated September 18,
2018. This submission pertains to the
infrastructure requirements of the Clean
Air Act (CAA or Act) for the 2015 8hour ozone national ambient air quality
standards (NAAQS). Whenever EPA
promulgates a new or revised NAAQS,
the CAA requires that each state adopt
and submit a SIP submission to
SUMMARY:
establish that the state’s implementation
plan meets infrastructure requirements
for the implementation, maintenance,
and enforcement of each such NAAQS.
FDEP made the required SIP submission
to assure that the Florida SIP contains
provisions that ensure the 2015 8-hour
ozone NAAQS is implemented,
enforced, and maintained in Florida.
EPA has in this action determined that
Florida’s infrastructure SIP submission
satisfies certain required infrastructure
elements for the 2015 8-hour ozone
NAAQS.
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the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
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 Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, 30303–8960. Mr.
Lakeman can be reached via electronic
mail at lakeman.sean@epa.gov or via
telephone at (404) 562–9043.
SUPPLEMENTARY INFORMATION:
I. Background
On October 1, 2015 (80 FR 65292,
October 26, 2015), EPA promulgated
revised primary and secondary NAAQS
for ozone revising the 8-hour ozone
NAAQS from 0.075 parts per million to
a new more protective level of 0.070
ppm. Pursuant to section 110(a)(1) of
the CAA, states are required to make a
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]]>Agencies
[Federal Register Volume 85, Number 66 (Monday, April 6, 2020)]
[Rules and Regulations]
[Pages 19087-19089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06809]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2020-0150; FRL-10007-40-Region 1]
Air Plan Approval; New Hampshire; Negative Declaration for the
Oil and Gas Industry
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of New
Hampshire. The revision provides the state's determination, via a
negative declaration, that there are no facilities within its borders
subject to EPA's 2016 Control Technique Guideline (CTG) for the oil and
gas industry. The intended effect of this action is to approve this
item into the New Hampshire SIP. This action is being taken in
accordance with the Clean Air Act (CAA).
DATES: This direct final rule will be effective June 5, 2020, unless
EPA receives adverse comments by May 6, 2020. 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-2020-0150 at https://www.regulations.gov, or via email to
[email protected]. 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://www.epa.gov/dockets/commenting-epa-dockets. 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: Bob McConnell, Environmental Engineer,
Air and Radiation Division (Mail Code 05-2), U.S. Environmental
Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston,
Massachusetts, 02109-3912; (617) 918-1046. [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background
II. Summary of SIP Revision and EPA Analysis
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On October 27, 2016, EPA published in the Federal Register the
``Final Control Techniques Guidelines for the
[[Page 19088]]
Oil and Natural Gas Industry.'' See 81 FR 74798. The CTG provided
information to state, local, and tribal air agencies to assist them in
determining reasonably available control technology (RACT) for volatile
organic compounds (VOC) emissions from select oil and natural gas
industry emission sources. CAA section 182(b)(2)(A) requires that for
ozone nonattainment areas classified as Moderate or above, states must
revise their SIPs to include provisions to implement RACT for each
category of VOC sources covered by a CTG document. CAA section
184(b)(1)(B) extends the RACT obligation to all areas of states within
the Ozone Transport Region (OTR). Pursuant to CAA section 184(a), New
Hampshire is a member state of the OTR. States subject to RACT
requirements are required to adopt controls that are at least as
stringent as those found within the CTG either via the adoption of
regulations, or by issuance of single source Orders or Permits that
outline what the source is required to do to meet RACT. If no source
for a particular CTG exists within a state, the state must submit as a
SIP revision a negative declaration documenting this fact.
II. Summary of SIP Revision and EPA Analysis
Negative Declaration for the 2016 Oil and Natural Gas Industry CTG
On December 17, 2019, New Hampshire submitted a negative
declaration for the 2016 Oil and Natural Gas Industry CTG. The term
``negative declaration'' means that the state has explored whether any
facilities subject to the applicability requirements of the CTG exist
within the state and concluded that there are no such sources within
its borders. This is consistent with EPA's understanding of where
sources subject to the Oil and Natural Gas Industry CTG are located,
and so we are approving New Hampshire's negative declaration into the
SIP.
III. Final Action
We are approving a negative declaration for EPA's 2016 CTG entitled
``Control Techniques Guidelines for the Oil and Natural Gas Industry''
into the New Hampshire SIP.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment 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 revision should
relevant adverse comments be filed. This rule will be effective June 5,
2020 without further notice unless the Agency receives relevant adverse
comments by May 6, 2020.
If the EPA receives such comments, then EPA will publish a notice
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 June 5, 2020 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.
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);
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 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. Section 804, however, exempts from section 801 the
following types of rules: Rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3).
Because this is a rule of particular applicability, EPA is not required
to submit a rule report regarding this action under section 801.
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 June 5, 2020. 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
[[Page 19089]]
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
today's 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, Incorporation by
reference, Ozone, Volatile organic compounds.
Dated: March 27, 2020.
Dennis Deziel,
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. In Sec. 52.1520, amend the table in paragraph (e) by adding an
entry for ``Negative declaration for the 2016 Control Techniques
Guideline for the Oil and Natural Gas Industry'' at the end of the
table, to read as follows:
Sec. 52.1520 Identification of plan.
* * * * *
(e) * * *
New Hampshire NonRegulatory
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of nonregulatory SIP geographic or date/ effective EPA approved date Explanations
provision nonattainment area date \3\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Negative declaration for the Statewide.......... 12/17/2019 4/6/2020 [Insert Negative
2016 Control Techniques Federal Register declaration.
Guidelines for the Oil and citation].
Natural Gas Industry.
----------------------------------------------------------------------------------------------------------------
\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. 2020-06809 Filed 4-3-20; 8:45 am]
BILLING CODE 6560-50-P
