Air Plan Approval; New Hampshire; Infrastructure State Implementation Plan Requirements for the 2015 Ozone and 2012 PM2.5, 67651-67653 [2020-21809]
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Federal Register / Vol. 85, No. 207 / Monday, October 26, 2020 / Rules and Regulations
Issued in Washington, DC, on October 17,
2020.
Scott M. Rosenbloom,
Acting Manager, Rules and Regulations
Group.
[FR Doc. 2020–23377 Filed 10–23–20; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2020–0178; EPA–R01–
OAR–2017–0344; FRL–10015–24–Region 1]
Air Plan Approval; New Hampshire;
Infrastructure State Implementation
Plan Requirements for the 2015 Ozone
and 2012 PM2.5 Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule and correcting
amendments.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of New
Hampshire that addresses the
infrastructure requirements of the Clean
Air Act (CAA or Act), excluding the
interstate transport provisions, for the
2015 ozone National Ambient Air
Quality Standards (NAAQS). We are
also granting the state an exemption
from the infrastructure SIP contingency
plan obligation for ozone and are
conditionally approving several
elements of New Hampshire’s submittal
relating to air-quality modeling
requirements. In addition, we are
correcting errors in our previous
approval of an infrastructure SIP
submission from New Hampshire for the
2012 PM2.5 NAAQS and conditionally
approving several elements of that
submittal. The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air-quality management program,
including provisions prohibiting
emissions that will have certain adverse
air-quality effects in other states, are
adequate to meet the state’s
responsibilities under the CAA. This
action is being taken in accordance with
the Clean Air Act.
DATES: This rule is effective on
November 25, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2020–0178. All documents in the docket
are listed on the https://
www.regulations.gov website. Although
listed in the index, some information is
SUMMARY:
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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 and
facility closures due to COVID–19.
FOR FURTHER INFORMATION CONTACT:
Alison C. Simcox, Air Quality 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) 918–1684, email
simcox.alison@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. Final Action
III. Statutory and Executive Order Reviews
I. Background and Purpose
On August 4, 2020, EPA published a
Notice of Proposed Rulemaking (NPRM)
to approve most elements of a New
Hampshire SIP revision addressing the
infrastructure requirements of the Clean
Air Act (CAA or Act)—excluding the
interstate transport provisions—for the
2015 ozone National Ambient Air
Quality Standards (NAAQS). This
NPRM also proposed to grant the state
an exemption from the infrastructure
SIP contingency plan obligation for
ozone, and to correct errors and
conditionally approve several elements
in our previous approval of an
infrastructure SIP submission from New
Hampshire for the 2012 PM2.5 NAAQS.
New Hampshire submitted the formal
SIP revision for the 2015 ozone NAAQS
on September 5, 2018, and the formal
SIP revision for the 2012 PM2.5 NAAQS
on December 22, 2015. The rationale for
EPA’s proposed action is given in the
NPRM and will not be restated here.
EPA received no germane public
comments on the NPRM.
II. Final Action
EPA is approving most elements of
New Hampshire’s September 5, 2018,
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67651
infrastructure SIP submission for the
2015 ozone NAAQS—excluding the
provisions of the SIP submittal
addressing section 110(a)(2)(D)(i)(I) (i.e.,
the ‘‘Good Neighbor’’ or ‘‘transport’’
provisions)—as a revision to the New
Hampshire SIP. We are conditionally
approving the SIP submittal for section
110(a)(2)(K) (Air quality modeling and
data) and for the PSD-related
requirements of sections 110(a)(2)(C),
(D)(i)(II), and (J). We are also granting
the state an exemption from the
infrastructure SIP contingency plan
obligation for ozone.
In addition, we are correcting errors
and conditionally approving several
elements in our previous approval of an
infrastructure SIP submitted by New
Hampshire on December 22, 2015, for
the 2012 PM2.5 NAAQS. Specifically, we
are conditionally approving the 2015
SIP submittal for section 110(a)(2)(K)
and replacing approvals of the 2015 SIP
submittal for the PSD-related
requirements of sections 110(a)(2)(C),
(D)(i)(II), and (J) with conditional
approvals.
The State must submit to EPA by
October 26, 2021 the revisions to New
Hampshire Part Env-A 619.03, PSD
Program Requirements needed to fully
approve the conditionally approved
elements of the September 2018 and
December 2015 infrastructure SIP
submissions.
If the State fails to do so, this approval
will become a disapproval on that date.
EPA will notify the State by letter that
this action has occurred. At that time,
this commitment will no longer be a
part of the approved New Hampshire
SIP. EPA subsequently will publish a
notice in the Federal Register notifying
the public that the conditional
approvals automatically converted to
disapprovals. If the State meets its
commitment, within the applicable time
frame, the conditionally approved
submissions will remain a part of the
SIP until EPA takes final action
approving or disapproving the necessary
SIP revision. If EPA disapproves the
new submittal(s), the conditional
approvals of the infrastructure 2015 and
2018 SIP submissions from New
Hampshire for the 2015 ozone and 2012
PM2.5 NAAQS for section 110(a)(2)(K)
and the PSD-related requirements of
sections 110(a)(2)(C), 110(a)(2)(D)(i)(II),
and 110(a)(2)(J) will also be disapproved
at that time. If EPA approves the
submittal(s) for section 110(a)(2)(K) and
the revised PSD-related requirements of
section 110(a)(2)(D)(i)(II), 110(a)(2)(C),
and 110(a)(2)(J), the infrastructure SIP
submissions from New Hampshire for
the 2015 ozone and 2012 PM2.5 NAAQS
will be fully approved in their entirety
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Federal Register / Vol. 85, No. 207 / Monday, October 26, 2020 / Rules and Regulations
and will replace the conditionally
approved elements in the SIP.
If the conditional approval is
converted to a disapproval, such action
will trigger EPA’s authority to impose
sanctions under section 110(m) of the
CAA at the time EPA issues the final
disapproval or on the date the State fails
to meet its commitment. In this
situation, EPA will notify the State by
letter that the conditional approval has
been converted to a disapproval and
that EPA’s sanctions authority has been
triggered. In addition, the final
disapproval triggers the Federal
implementation plan (FIP) requirement
under section 110(c).
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);
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• 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
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appropriate circuit by December 28,
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 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 24, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 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. In § 52.1520 amend the table in
paragraph (e) by:
■ a. Revising the entry for ‘‘Submittals
to meet Section 110(a)(2) Infrastructure
Requirements for the 2012 PM2.5
NAAQS,’’; and
■ b. Adding entries for ‘‘Submittal to
meet Section 110(a)(2) Infrastructure
Requirements for the 2015 Ozone
NAAQS,’’ and ‘‘Request for exemption
from contingency plan obligation’’ at the
end of the table.
Revision and additions to read as
follows:
■
§ 52.1520
*
Identification of plan.
*
*
*
*
(e) Nonregulatory.
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Federal Register / Vol. 85, No. 207 / Monday, October 26, 2020 / Rules and Regulations
67653
NEW HAMPSHIRE NONREGULATORY
Name of nonregulatory SIP
provision
Applicable geographic or
nonattainment area
State submittal date/
effective date
*
Submittals to meet Section
110(a)(2) Infrastructure
Requirements for the
2012 PM2.5 NAAQS.
*
Statewide ........................
*
*
12/22/2015; supplement
submitted 6/8/2016.
*
12/4/2018, 83 FR 62464
*
*
These submittals are approved with respect to the
following CAA requirements: 110(a)(2)(A), (B),
(C), (D), (E), (F), (G), (H), (J), (L), and (M).
.........................................
12/22/2015 ......................
[Insert Federal Register
citation].
This submittal is conditionally approved with respect to provisions of CAA 110(a)(2)(K). The following previously approved items are corrected
and changed from approval to conditional approval: 110(a)(C) (PSD only), (D)(i)(II) (prong 3
only), and (J) (PSD only).
*
Submittal to meet Section
110(a)(2) Infrastructure
Requirements for the
2015 Ozone NAAQS.
*
Statewide ........................
*
*
9/5/2018 ..........................
*
[Insert Federal Register
citation].
Request for exemption
from contingency plan
obligation for 2015 ozone
NAAQS.
Merrimack Valley—
Southern New Hampshire AQCR.
9/5/2018 ..........................
[Insert Federal Register
citation].
*
*
This submittal is approved with respect to the following CAA requirements: 110(a)(2)(A), (B), (C)
(except PSD), (D)(i)(II) (except prong 3), (D)(ii),
(E), (F), (G), (H), (J) (except PSD), (L), and (M),
and conditionally approved for the following CAA
requirements: 110(a)(2)(K) and (C) (PSD only),
(D)(i)(II) (prong 3 only), and (J) (PSD only).
State’s request for exemption from contingency
plan obligation, made pursuant to 40 CFR
51.152(d)(1), is granted.
EPA approved date
ENVIRONMENTAL PROTECTION
AGENCY
continuous emission monitoring
systems, State facilities in Rapid City
area, construction permits and regional
haze program administrative rules. The
EPA is taking this action pursuant to the
Clean Air Act (CAA).
40 CFR Part 52
DATES:
[EPA–R08–OAR–2019–0642; FRL–10014–
86–Region 8]
ADDRESSES:
[FR Doc. 2020–21809 Filed 10–23–20; 8:45 am]
BILLING CODE 6560–50–P
Air Quality State Implementation
Plans; Approval and Promulgation of
Implementation Plans; South Dakota;
Infrastructure Requirements for the
2015 Ozone National Ambient Air
Quality Standards; Revisions to
Administrative Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the State of
South Dakota’s January 15, 2020, State
Implementation Plan (SIP) submission
that addresses infrastructure
requirements for the 2015 ozone
National Ambient Air Quality Standards
(NAAQS). Additionally, in this action,
we are approving a SIP revision
submitted by the State of South Dakota
on January 3, 2020, that revises the
Administrative Rules of South Dakota
(ARSD), Air Pollution Control Program,
updating the date of incorporation by
reference of federal rules in ARSD
chapters pertaining to definitions,
ambient air quality, air quality episodes,
Prevention of Significant Deterioration
(PSD), new source review, performance
testing, control of visible emissions,
SUMMARY:
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Explanations
Kate
Gregory, telephone number: (303) 312–
6175, email address: gregory.kate@
epa.gov. Mail can be directed to the Air
and Radiation Division, U.S. EPA,
Region 8, Mail-code 8ARD–QP, 1595
Wynkoop Street, Denver, Colorado
80202–1129.
I. Background
On March 12, 2008, the EPA
promulgated a new NAAQS for ozone,
revising the levels of primary and
secondary 8-hour ozone standards from
0.08 parts per million (ppm) to 0.075
ppm (73 FR 16436). More recently, on
October 1, 2015, the EPA promulgated
and revised the NAAQS for ozone,
further strengthening the primary and
secondary 8-hour standards to 0.070
ppm (80 FR 65292). The October 1, 2015
standards are known as the 2015 ozone
NAAQS.
Section 110(a)(1) of the CAA directs
each state to make an infrastructure SIP
submission to the EPA within 3 years of
promulgation of a new or revised
NAAQS. Infrastructure requirements for
SIPs are provided in section 110(a)(1)
and (2) of the CAA. Section 110(a)(2)
lists the specific infrastructure elements
that a state’s infrastructure SIP
submission must address, as applicable.
The state’s infrastructure SIP
submission must establish that the
state’s existing SIP meets the applicable
requirements or make revisions to
satisfy those requirements as necessary.
The elements that are the subject of this
action are described in detail in our
notice of proposed rulemaking (NPRM)
published on May 19, 2020 (85 FR
29882) for South Dakota’s infrastructure
SIP submission, submitted to the EPA
on January 15, 2020, and SIP revisions
to the ARSD submitted to the EPA on
January 3, 2020.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
II. Response to Comments
Comments on our NPRM were due on
or before June 18, 2020. The EPA
This rule is effective on
November 25, 2020.
The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2019–0642. 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,
e.g., 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
PO 00000
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]]>Agencies
[Federal Register Volume 85, Number 207 (Monday, October 26, 2020)]
[Rules and Regulations]
[Pages 67651-67653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21809]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2020-0178; EPA-R01-OAR-2017-0344; FRL-10015-24-Region 1]
Air Plan Approval; New Hampshire; Infrastructure State
Implementation Plan Requirements for the 2015 Ozone and 2012 PM2.5
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule and correcting amendments.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of New
Hampshire that addresses the infrastructure requirements of the Clean
Air Act (CAA or Act), excluding the interstate transport provisions,
for the 2015 ozone National Ambient Air Quality Standards (NAAQS). We
are also granting the state an exemption from the infrastructure SIP
contingency plan obligation for ozone and are conditionally approving
several elements of New Hampshire's submittal relating to air-quality
modeling requirements. In addition, we are correcting errors in our
previous approval of an infrastructure SIP submission from New
Hampshire for the 2012 PM2.5 NAAQS and conditionally
approving several elements of that submittal. The infrastructure
requirements are designed to ensure that the structural components of
each state's air-quality management program, including provisions
prohibiting emissions that will have certain adverse air-quality
effects in other states, are adequate to meet the state's
responsibilities under the CAA. This action is being taken in
accordance with the Clean Air Act.
DATES: This rule is effective on November 25, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2020-0178. 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 and facility closures due to COVID-19.
FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality 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)
918-1684, 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 August 4, 2020, EPA published a Notice of Proposed Rulemaking
(NPRM) to approve most elements of a New Hampshire SIP revision
addressing the infrastructure requirements of the Clean Air Act (CAA or
Act)--excluding the interstate transport provisions--for the 2015 ozone
National Ambient Air Quality Standards (NAAQS). This NPRM also proposed
to grant the state an exemption from the infrastructure SIP contingency
plan obligation for ozone, and to correct errors and conditionally
approve several elements in our previous approval of an infrastructure
SIP submission from New Hampshire for the 2012 PM2.5 NAAQS.
New Hampshire submitted the formal SIP revision for the 2015 ozone
NAAQS on September 5, 2018, and the formal SIP revision for the 2012
PM2.5 NAAQS on December 22, 2015. The rationale for EPA's
proposed action is given in the NPRM and will not be restated here. EPA
received no germane public comments on the NPRM.
II. Final Action
EPA is approving most elements of New Hampshire's September 5,
2018, infrastructure SIP submission for the 2015 ozone NAAQS--excluding
the provisions of the SIP submittal addressing section
110(a)(2)(D)(i)(I) (i.e., the ``Good Neighbor'' or ``transport''
provisions)--as a revision to the New Hampshire SIP. We are
conditionally approving the SIP submittal for section 110(a)(2)(K) (Air
quality modeling and data) and for the PSD-related requirements of
sections 110(a)(2)(C), (D)(i)(II), and (J). We are also granting the
state an exemption from the infrastructure SIP contingency plan
obligation for ozone.
In addition, we are correcting errors and conditionally approving
several elements in our previous approval of an infrastructure SIP
submitted by New Hampshire on December 22, 2015, for the 2012
PM2.5 NAAQS. Specifically, we are conditionally approving
the 2015 SIP submittal for section 110(a)(2)(K) and replacing approvals
of the 2015 SIP submittal for the PSD-related requirements of sections
110(a)(2)(C), (D)(i)(II), and (J) with conditional approvals.
The State must submit to EPA by October 26, 2021 the revisions to
New Hampshire Part Env-A 619.03, PSD Program Requirements needed to
fully approve the conditionally approved elements of the September 2018
and December 2015 infrastructure SIP submissions.
If the State fails to do so, this approval will become a
disapproval on that date. EPA will notify the State by letter that this
action has occurred. At that time, this commitment will no longer be a
part of the approved New Hampshire SIP. EPA subsequently will publish a
notice in the Federal Register notifying the public that the
conditional approvals automatically converted to disapprovals. If the
State meets its commitment, within the applicable time frame, the
conditionally approved submissions will remain a part of the SIP until
EPA takes final action approving or disapproving the necessary SIP
revision. If EPA disapproves the new submittal(s), the conditional
approvals of the infrastructure 2015 and 2018 SIP submissions from New
Hampshire for the 2015 ozone and 2012 PM2.5 NAAQS for
section 110(a)(2)(K) and the PSD-related requirements of sections
110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J) will also be
disapproved at that time. If EPA approves the submittal(s) for section
110(a)(2)(K) and the revised PSD-related requirements of section
110(a)(2)(D)(i)(II), 110(a)(2)(C), and 110(a)(2)(J), the infrastructure
SIP submissions from New Hampshire for the 2015 ozone and 2012
PM2.5 NAAQS will be fully approved in their entirety
[[Page 67652]]
and will replace the conditionally approved elements in the SIP.
If the conditional approval is converted to a disapproval, such
action will trigger EPA's authority to impose sanctions under section
110(m) of the CAA at the time EPA issues the final disapproval or on
the date the State fails to meet its commitment. In this situation, EPA
will notify the State by letter that the conditional approval has been
converted to a disapproval and that EPA's sanctions authority has been
triggered. In addition, the final disapproval triggers the Federal
implementation plan (FIP) requirement under section 110(c).
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 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 December 28, 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 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 24, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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:
0
a. Revising the entry for ``Submittals to meet Section 110(a)(2)
Infrastructure Requirements for the 2012 PM2.5 NAAQS,''; and
0
b. Adding entries for ``Submittal to meet Section 110(a)(2)
Infrastructure Requirements for the 2015 Ozone NAAQS,'' and ``Request
for exemption from contingency plan obligation'' at the end of the
table.
Revision and additions to read as follows:
Sec. 52.1520 Identification of plan.
* * * * *
(e) Nonregulatory.
[[Page 67653]]
New Hampshire Nonregulatory
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State submittal
provision nonattainment date/ effective EPA approved date Explanations
area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Submittals to meet Section Statewide........ 12/22/2015; 12/4/2018, 83 FR These submittals are
110(a)(2) Infrastructure supplement 62464. approved with respect
Requirements for the 2012 submitted 6/8/ to the following CAA
PM2.5 NAAQS. 2016. requirements:
110(a)(2)(A), (B),
(C), (D), (E), (F),
(G), (H), (J), (L),
and (M).
................. 12/22/2015....... [Insert Federal This submittal is
Register conditionally
citation]. approved with respect
to provisions of CAA
110(a)(2)(K). The
following previously
approved items are
corrected and changed
from approval to
conditional approval:
110(a)(C) (PSD only),
(D)(i)(II) (prong 3
only), and (J) (PSD
only).
* * * * * * *
Submittal to meet Section Statewide........ 9/5/2018......... [Insert Federal This submittal is
110(a)(2) Infrastructure Register approved with respect
Requirements for the 2015 citation]. to the following CAA
Ozone NAAQS. requirements:
110(a)(2)(A), (B),
(C) (except PSD),
(D)(i)(II) (except
prong 3), (D)(ii),
(E), (F), (G), (H),
(J) (except PSD),
(L), and (M), and
conditionally
approved for the
following CAA
requirements:
110(a)(2)(K) and (C)
(PSD only),
(D)(i)(II) (prong 3
only), and (J) (PSD
only).
Request for exemption from Merrimack Valley-- 9/5/2018......... [Insert Federal State's request for
contingency plan obligation Southern New Register exemption from
for 2015 ozone NAAQS. Hampshire AQCR. citation]. contingency plan
obligation, made
pursuant to 40 CFR
51.152(d)(1), is
granted.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2020-21809 Filed 10-23-20; 8:45 am]
BILLING CODE 6560-50-P
