Air Plan Approval; New Hampshire; Env-A 800 Testing and Monitoring Procedures, Env-A 619.03 PSD Program Requirements, and Env-A 1200 VOC RACT, 12016-12020 [2022-04032]
Download as PDF
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Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Proposed Rules
(b) * * *
(1) * * *
(iii) Provide the company with an
opportunity to rebut the stated reasons
or cause; and
(iv) Provide the company with an
opportunity to cure the stated reasons or
cause.
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■ 19. Amend § 223.18 by revising
paragraphs (a) introductory text and
(a)(1) to read as follows:
§ 223.18
Revocation.
(a) Treasury may initiate a revocation
proceeding against a Treasury-certified
company in one of two ways:
(1) Treasury, of its own accord, under
§ 223.19, may initiate revocation
proceedings against the company when
it has reason to believe that the
company is not complying with 31
U.S.C. 9304–9308 and/or the regulations
under this part; or
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■ 20. Amend § 223.19 by revising the
introductory text and paragraph (b)(2) to
read as follows:
Whenever Treasury has reason to
believe that a company is not complying
with the requirements of 31 U.S.C.
9304–9308 and/or the regulations under
this part, including but not limited to a
failure to satisfy corporate and financial
standards, Treasury shall:
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(b) * * *
(2) The company responded, was
provided an opportunity to demonstrate
or achieve compliance, and failed to do
so.
■ 21. Amend § 223.20 by revising
paragraphs (b)(1) and (h)(8) and (9) to
read as follows:
§ 223.20 Revocation proceedings initiated
by Treasury upon receipt of an agency
complaint.
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(b) * * *
(1) The agency has determined,
consistent with agency authorities, the
principal is in default on the obligation
covered by the bond. Alternatively, if
the default has been litigated,
documentation indicating a court of
competent jurisdiction has determined
the principal is in default;
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(h) * * *
(8) The formal adjudication standards
under the Administrative Procedure
Act, 5 U.S.C. 554, 556, and 557, do not
apply to the informal hearing or
adjudication process.
(9) Treasury may promulgate
additional procedural guidance
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§ 223.21
Reinstatement.
If, after one year from the date that
Treasury notifies the company of its
decision to decline to renew or revoke
the certificate of authority of a company
under this part, the company can
demonstrate that the basis for the nonrenewal or revocation has been cured, as
determined by Treasury in its
discretion, and that it can comply with,
and does meet, all continuing
requirements for certification under 31
U.S.C. 9304–9308 and this part, the
company may submit an application to
Treasury for reinstatement or reissuance
of a certificate of authority, which will
be granted without prejudice if all such
requirements are met. Treasury may
waive the one year waiting period for
good cause shown, as determined by
Treasury in its sole discretion.
■ 23. Revise § 223.22 to read as follows:
reinsurer, complementary reinsurer, or
alien reinsurer (see § 223.12).
(b) In a given year a uniform fee will
be collected from every company
requesting a particular category of
service, e.g., determination of a
company’s continuing qualifications for
annual renewal of its certificate of
authority. However, Treasury reserves
the right to redetermine the amounts of
fees annually. Fees are determined in
accordance with Office of Management
and Budget Circular A–25, as amended.
(c) Specific fee information may be
obtained from the Surety Bonds
Program, or online at https://
www.fiscal.treasury.gov/files/suretybonds/user-fees.pdf. In addition, a
notice of the amount of a fee referred to
in paragraphs (a)(1) through (6) of this
section will be published in the Federal
Register as each change in such fee is
made.
David A. Lebryk,
Fiscal Assistant Secretary.
[FR Doc. 2022–03937 Filed 3–2–22; 8:45 am]
BILLING CODE 4810–AS–P
§ 223.22 Fees for service of the Treasury
Department.
§ 223.19 Treasury-initiated revocation
proceedings.
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governing the conduct of informal
hearings.
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■ 22. Revise § 223.21 to read as follows:
(a) Fees shall be imposed and
collected, for the services listed in
paragraphs (a)(1) through (6) of this
section that are performed by Treasury,
regardless of whether the action
requested is granted or denied. An
online payment portal is provided at
https://www.fiscal.treasury.gov/suretybonds/. The amount of the fee will be
based on which of the following
categories of service is requested:
(1) Examination of a company’s
application for a certificate of authority
as an acceptable surety on Federal
bonds or for a certificate of authority as
an acceptable reinsuring company on
such bonds (see § 223.2(a));
(2) Examination of a company’s
application for recognition as an
admitted reinsurer of surety companies
doing business with the United States
(see § 223.12(h));
(3) Examination of a company’s
application for recognition as a
complementary reinsurer of surety
companies doing business with the
United States (see § 223.12(i));
(4) Examination of a company’s
application for recognition as an alien
reinsurer of surety companies doing
business with the United States (see
§ 223.12(j));
(5) Determination of a company’s
continuing qualifications for annual
renewal of its certificate of authority
(see § 223.2(b)); or
(6) Determination of a company’s
continuing qualifications for annual
renewal of its authority as an admitted
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2021–0785; FRL–9591–01–
R1]
Air Plan Approval; New Hampshire;
Env-A 800 Testing and Monitoring
Procedures, Env-A 619.03 PSD
Program Requirements, and Env-A
1200 VOC RACT
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
State Implementation Plan (SIP)
revisions submitted by the State of New
Hampshire. These revisions amend
Testing and Monitoring Procedures for
sources of air pollution; revise New
Hampshire’s Prevention of Significant
Deterioration (PSD) permitting program
with respect to requirements for air
quality modeling; fully approve certain
infrastructure SIP requirements as they
related to PSD permitting requirements
for the 2015 Ozone and 2012 fine
particle matter (PM2.5) National Ambient
Air Quality Standards (NAAQS); and
amend Volatile Organic Compounds
(VOCs) Reasonably Available Control
Technology (RACT). This action is being
taken under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before April 4, 2022.
SUMMARY:
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Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2021–0785 at https://
www.regulations.gov, or via email to
creilson.john@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 and
facility closures due to COVID–19.
FOR FURTHER INFORMATION CONTACT: John
Creilson, Air Quality Branch, U.S.
Environmental Protection Agency, EPA
Region 1, 5 Post Office Square—Suite
100 (Mail code 05–2), Boston, MA
02109, tel. (617) 918–1688, email
creilson.john@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
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ADDRESSES:
Table of Contents
I. Background
a. Env-A 800 Testing and Monitoring
Procedures
b. Env-A 619.03 PSD Program
Requirements
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c. Env-A 1200 VOC RACT
II. Summary and Evaluation of State
Submittal
a. Env-A 800 Testing and Monitoring
Procedures
b. Env-A 619.03 PSD Program
Requirements
c. Env-A 1200 VOC RACT
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
a. Env-A 800 Testing and Monitoring
Procedures
On August 19, 2021, the New
Hampshire Department of
Environmental Services (NH DES)
submitted a revision to its State
Implementation Plan (SIP). The
submittal consists of revisions to an
existing rule, Env-A 800, Testing and
Monitoring Procedures, that was
previously approved into the New
Hampshire SIP. A clarification letter,
along with the updated rule, was
subsequently submitted on December
20, 2021. The clarification letter
corrected an equation in the rule and
omitted Env-A 810 from the New
Hampshire SIP submittal. Env-A 800
establishes testing and monitoring
procedures, calculation procedures,
standards, and requirements used to
determine compliance with Federal and
state air pollution regulations. The State
made a number of relatively minor
changes to the existing rule as described
within this proposed rulemaking and
requested that the version submitted on
August 19, 2021, and clarified on
December 20, 2021, be incorporated into
the New Hampshire SIP, except for (1)
section 801.02(b) and (d), which are
related to trading programs, and (2)
section 810, Air Pollution Control
Equipment Monitoring Plan; Additional
Testing and Monitoring. NH DES also
stated that this revision supersedes all
prior approved versions.
b. Env-A 619.03
Requirements
PSD Program
On September 16, 2021, NH DES
submitted a revision to its SIP-approved
regulation Part Env-A 619.03, the State’s
CAA PSD permitting program. The
revision addresses conditional
approvals related to the State’s PSD
program for purposes of the 2015 Ozone
and 2012 PM2.5 NAAQS infrastructure
SIP requirements. Specifically, EPA
conditionally approved infrastructure
SIP elements associated with CAA
sections 110(a)(2)(C), 110(a)(2)(D)(i)(II),
110(a)(2)(J), and 110(a)(2)(K). See 85 FR
67651 (October 26, 2020).
NH DES implements PSD largely
through the incorporation by reference
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of the Federal PSD program at 40 CFR
52.21, as it existed on a specific date.
The State’s current SIP-approved
version of the Federal PSD program
references 40 CFR 52.21 as it was
codified on July 1, 2016. EPA’s PSD
regulations at 40 CFR 51.166(l) require
a state’s SIP to ‘‘provide for procedures
which specify that [a]ll applications of
air quality modeling . . . shall be based
on the applicable models, data bases,
and other requirements specified in’’
EPA’s Guideline on Air Quality Models
in appendix W of 40 CFR part 51, which
was most recently revised on January
17, 2017. 82 FR 5182; see also 82 FR
14324 (Mar. 20, 2017). CAA sections
110(a)(2)(C), (D)(i)(II), and (J) require a
state to make an infrastructure SIP
submission demonstrating that the air
agency has a complete PSD permitting
program in place satisfying current
requirements. CAA section 110(a)(2)(K)
requires that the SIP provide for the
performance of such air quality
modeling as the EPA Administrator may
prescribe for the purpose of predicting
the effect on ambient air quality of any
emissions of any air pollutant for which
EPA has established a NAAQS.
With New Hampshire’s SIP
referencing an earlier version of
appendix W through its incorporation
by reference of 40 CFR 52.21 as codified
on July 1, 2016, EPA conditionally
approved New Hampshire’s
infrastructure SIP elements related to
CAA sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), 110(a)(2)(J), and
110(a)(2)(K), as the State’s PSD program
was not consistent with the current
Federal requirements. EPA found that
outside the issue with appendix W, the
State has a comprehensive PSD
permitting program in place satisfying
all other PSD program elements.
Prior to EPA’s proposal of the
conditional approvals, NH DES
committed in a letter dated June 3, 2020,
to submit for EPA approval revisions to
Env-A 619.03 to update the reference
date for 40 CFR 52.21 so as to
incorporate EPA’s current ‘‘Guideline
on Air Quality Models’’ in appendix W
to 40 CFR part 51. The State’s
September 16, 2021, SIP submittal
addresses its June 3, 2020, commitment
to submit necessary revisions of Env-A
619.03 to EPA for approval into the SIP.
c. Env-A 1200 VOC RACT
On July 15, 2021, the NH DES
submitted a revision to its SIP, which
consists of amendments to an existing
rule, Env-A 1200, Volatile Organic
Compounds (VOC) Reasonably
Available Control Technology (RACT),
that was previously approved into the
New Hampshire SIP on November 8,
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2012 (77 FR 66921). Env-A 1200
establishes requirements for the
implementation of reasonably available
control technology on certain stationary
sources located in New Hampshire that
emit volatile organic compounds. The
rule expired on June 1, 2019, so the NH
DES has readopted the chapter with
minor amendment for clarity and to
align with Federal requirements.
II. Summary and Evaluation of State
Submittal
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a. Env-A 800
Procedures
Testing and Monitoring
On August 19, 2021, the New
Hampshire Department of
Environmental Services (DES)
submitted state regulation Env-A 800,
Testing and Monitoring Procedures, to
EPA and requested that the rule be
submitted into the State’s SIP. A
clarification letter, along with the
updated rule, was subsequently
submitted on December 20, 2021. The
State indicated that these revisions
supersede all prior approved versions.
New Hampshire made the request in
light of recent changes to the rule as a
matter of state law. The proposed
amendments are as follows:
1. Updates to the procedure for
recertification of continuous emissions
monitoring systems. New Hampshire
DES updated Env-A 800 to clarify and
correct pre-test, sampling, and report
submittal procedures for conducting
Relative Accuracy Test Audits (RATAs)
for recertifying Continuous Emissions
Monitoring (CEM) systems installed at
stationary sources.
2. Updates to nitrogen oxides (NOX)
RACT testing requirements to be
consistent with Federal requirements.
New Hampshire DES updated Env-A
800 to simplify testing requirements for
gaseous concentration measurements for
NOX RACT-subject devices and tuneups. For example, one change New
Hampshire made to the NOX RACT
testing requirement was to clarify that
sources only needed to choose one of
the referenced test methods listed for
gaseous concentration measurements,
rather than use multiple test methods.
3. Removal of language pertaining to
time-shared CEM systems. New
Hampshire DES updated Env-A 808,
Continuous Emission Monitoring, to
remove a provision relating to timeshared CEM systems, as there no longer
are any installed at any New Hampshire
sources.
4. Modification of audit requirements
to be consistent with EPA requirements.
New Hampshire DES updated Env-A
800 to modify quarterly audit
requirements for continuous opacity
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monitors to follow 40 CFR part 60,
appendix F, Procedure 3 procedures
instead of 40 CFR part 60, appendix B,
Performance Specification 1
requirements in order to align with
changes in Federal requirements. For
example, section 808.05(b) of the
previously adopted rule was modified
such that the quarterly audit
requirements reference 40 CFR part 60,
appendix F, Procedure 3, instead of 40
CFR part 60, appendix B, Performance
Specification 1.
5. Change in compliance testing for
NOX and carbon monoxide (CO). New
Hampshire DES updated Env-A 802.13,
Compliance Stack Testing for Emissions
of Nitrogen Oxides (NOX) or Carbon
Monoxide, to require that when
compliance testing is done for either
NOX or CO, that testing be done for both
gases.
6. Definitions and calculations for
multi-day rolling emissions averages.
New Hampshire DES updated Env-A
808.01, Definitions, to define ‘‘rolling
average’’ as an arithmetic mean
specified by an applicable emission
limit. The calculations are defined in
updated sections 808.01(h)(1)–(4).
7. Modification of provisions of CEM
systems. New Hampshire DES updated
Env-A 800 to revise provisions relative
to installation, operation, and auditing
of CEM systems to cover the inclusion
of future Federal New Source
Performance Standards (NSPS) and
National Emission Standards for
Hazardous Air Pollutants (NESHAP)
requirements for CEM systems.
EPA has reviewed New Hampshire’s
August 19, 2021 submittal of revisions
to Env-A 800, Testing and Monitoring
Procedures, and subsequent December
20, 2021 clarification, and determined
that they represent approvable revisions
to the version previously approved into
the New Hampshire SIP.
b. Env-A 619.03 PSD Program
Requirements
EPA has reviewed the State’s
September 16, 2021, SIP submittal with
respect to revision for Env-A 619.03. NH
DES readopted with amendments Env-A
619.03 on March 16, 2021. The
readoption made the state’s current
regulations consistent with the Federal
regulations as of July 1, 2019. NH DES
amended Env-A 619.03 by including a
new paragraph (d), which definitively
states, ‘‘For the purposes of this part, the
reference to Appendix W in 40 CFR
52.21(l) shall refer to the July 1, 2019
edition.’’
The changes NH DES made to its
regulation sufficiently address EPA’s
October 26, 2020, conditional approvals
of the PSD- and modeling-related
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elements for the 2015 Ozone and 2012
PM2.5 NAAQS infrastructure SIP
requirements. Specifically, the new
paragraph (d) provides that air quality
modeling procedures will be consistent
with EPA’s most recent revision of
appendix W of 40 CFR part 51.
Therefore, EPA proposes to replace the
version of Env-A 619.03 currently in
New Hampshire’s SIP with the March
16, 2021, version and to convert the
previous conditional approvals to full
approvals.
c. Env-A 1200 VOC RACT
On July 15, 2021, NH DES submitted
state regulation Env-A 1200, Volatile
Organic Compounds (VOC) Reasonably
Available Control Technology (RACT),
to EPA requesting the rule be approved
into the State’s SIP, and that the
previously approved version of the
regulation be removed from the SIP. The
proposed amendments are primarily as
follows:
1. Clarify exemptions. Env-A 1201.04
was revised to remove an exemption for
which an owner or operator may be
exempt from the chapter if they applied
for a source specific RACT permit, or
permit modification, by May 31, 2013.
Since this date has passed, this
provision is no longer applicable and
was replaced with a provision of similar
intent, which states that a source now
subject to a source specific RACT
permit, or a consent decree agreement,
would be exempt from the chapter. A
provision was also added that reiterates
language elsewhere in the chapter that
a source’s emissions must be below the
relevant VOC category applicability
threshold to be exempt from Env-A
1200.
2. Expand alternative compliance
procedures. Env-A 1205.02 was revised
to also be applicable to Env-A 1214 and
1220, flat wood paneling and adhesive
coating operations, respectively. These
source categories will be allowed to
comply with their emission rates by
implementing add-on controls or a
‘‘bubble,’’ which is a process in which
similar sources at a facility are
collectively controlled. This form of
alternative compliance must be no less
stringent than the otherwise prescribed
limits. This paragraph was also edited to
include reference to Env-A 800, Testing
and Monitoring Procedures, which are
customarily necessary for evaluating
compliance with this chapter.
3. Clarify that related cleaning activity
emissions are generally subject to this
chapter. To be consistent with EPA
Control Techniques Guidelines (CTGs)
documents, source emission
applicability requirements was revised
to expressly include the cleaning
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activities associated with the relevant
VOC RACT category. New Hampshire
DES had, in practice, interpreted the
previous Chapter as such, therefore the
actual level of control is not expected to
change because of this revision.
EPA has reviewed New Hampshire’s
July 15, 2021, submittal of revisions to
Env-A 1200, Volatile Organic
Compounds (VOC) Reasonably
Available Control Technology (RACT)
and determined that they represent
approvable revisions to the version
previously approved into the New
Hampshire SIP. These revisions
primarily clarify existing requirements
and in certain circumstances in which
they expand control options, are
explicitly required to be no less
stringent that the previous control
requirements. Therefore, the revised
rule is expected to achieve no fewer
emission reductions that the previously
approved version. Thus, revising the SIP
to incorporate the revised rule will not
interfere with any applicable
requirement concerning attainment and
reasonable further progress or any other
applicable requirement of the Act. See
CAA section 110(l).
III. Proposed Action
EPA is proposing to approve the New
Hampshire revisions to (1) Env-A 800
submitted on August 19, 2021, and
clarified on December 20, 2021; (2) EnvA 619.03 submitted on September 16,
2021; and (3) Env-A 1200 submitted on
August 19, 2021. Furthermore, EPA is
proposing to convert its October 26,
2020, conditional approvals of
infrastructure SIP elements associated
with CAA sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), 110(a)(2)(J), and
110(a)(2)(K) for the 2015 Ozone and
2012 PM2.5 NAAQS to a full approval.
EPA’s proposed action regarding
infrastructure SIP requirements for the
2015 ozone and 2012 PM2.5 NAAQS is
contained in Table 1 below.
TABLE 1—PROPOSED ACTION ON NEW HAMPSHIRE’S INFRASTRUCTURE SIP ELEMENTS FOR THE 2015 OZONE AND 2012
PM2.5 NAAQS
2015 ozone NAAQS
*
*
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*
(C)2: PSD program for major sources and major modifications .................................
*
*
Approve ....................................................
*
Approve.
*
*
*
*
(D)2: PSD .....................................................................................................................
*
*
Approve ....................................................
*
Approve.
*
*
*
*
(J)3: PSD ......................................................................................................................
*
*
Approve ....................................................
*
Approve.
*
*
*
*
(K): Air quality modeling and data ...............................................................................
*
*
Approve ....................................................
*
Approve.
*
*
*
EPA is soliciting public comments on
the issues discussed in this document or
on other relevant matters. These
comments will be considered before
taking final action. Interested parties
may participate in the Federal
rulemaking procedure by submitting
written comments to this proposed rule
by following the instructions listed in
the ADDRESSES section of this Federal
Register document.
IV. Incorporation by Reference
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2012 PM2.5
NAAQS
Element
In this rule, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
New Hampshire regulations Env-A 800
as adopted on April 30, 2019, with the
exception of section 801.02(b) and (d)
and section 810; Env-A 619.03 as
adopted on March 16, 2021; and Env-A
1200 as adopted on October 17, 2019.
The EPA has made, and will continue
to make, these documents generally
available through https://
www.regulations.gov and at the EPA
Region 1 Office (please contact the
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person identified in the FOR FURTHER
section of this
preamble for more information).
INFORMATION CONTACT
V. 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 proposed 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 proposed action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
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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
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• 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: February 18, 2022.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2022–04032 Filed 3–2–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2022–0008; FRL–9609–01–
R5]
Air Plan Approval; Wisconsin;
Redesignation of the Revised Door
County (Partial) Area to Attainment of
the 2015 Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
khammond on DSKJM1Z7X2PROD with PROPOSALS
VerDate Sep<11>2014
19:33 Mar 02, 2022
Jkt 256001
Comments must be received on
or before April 4, 2022.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2022–0008 at https://
www.regulations.gov or via email to
arra.sarah@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, 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. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
The Environmental Protection
Agency (EPA) is proposing to find that
the revised Door County (partial)
nonattainment area in Wisconsin is
attaining the 2015 ozone National
Ambient Air Quality Standard (NAAQS
or standard) and to act in accordance
with a request from the Wisconsin
Department of Natural Resources
(WDNR) to redesignate the area to
attainment of the 2015 ozone NAAQS,
because the request meets the statutory
requirements for redesignation under
the Clean Air Act (CAA). Wisconsin
submitted this request on January 5,
2022. EPA is also proposing to approve,
as a revision to the Wisconsin State
Implementation Plan (SIP), the
emissions inventory for the area and the
SUMMARY:
State’s plan for maintaining the 2015
ozone NAAQS through 2035 in the area.
Finally, EPA is proposing to approve
Wisconsin’s 2030 and 2035 volatile
organic compound (VOC) and oxides of
nitrogen (NOX) Motor Vehicle Emission
Budgets (budgets) for this area and
initiating the adequacy review process
for these budgets.
Jenny Liljegren, Physical Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6832,
Liljegren.Jennifer@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What is EPA proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation?
IV. What is EPA’s analysis of Wisconsin’s
redesignation request?
A. Has the area attained the 2015 ozone
NAAQS?
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
B. Has Wisconsin met all applicable
requirements of section 110 and part D
of the CAA for the area, and does
Wisconsin have a fully approved SIP for
the area under section 110(k) of the
CAA?
C. Are the air quality improvements in the
area due to permanent and enforceable
emission reductions?
D. Does Wisconsin have a fully approvable
ozone maintenance plan for the area?
V. Has the state adopted approvable motor
vehicle emission budgets?
VI. Proposed actions
VII. Statutory and executive order reviews
I. What is EPA proposing?
EPA is proposing to determine that
the revised Door County (partial)
nonattainment area in Wisconsin (the
area) is attaining the 2015 ozone
NAAQS, based on quality-assured and
early 1 certified monitoring data for
2019–2021, and that this area has met
the requirements for redesignation
under section 107(d)(3)(E) of the CAA.
EPA is thus proposing to change the
legal designation of the area from
nonattainment to attainment for the
2015 ozone NAAQS. EPA is also
proposing to approve, as a revision to
the Wisconsin SIP, the emissions
inventory for this area and the State’s
maintenance plan (such approval being
one of the CAA criteria for redesignation
to attainment status) for the area. The
maintenance plan is designed to keep
the area in attainment of the 2015 ozone
NAAQS through 2035. Finally, EPA is
proposing to approve the newlyestablished 2030 and 2035 budgets for
the area.
II. What is the background for these
actions?
Ground-level ozone is detrimental to
human health. On October 1, 2015, EPA
promulgated a revised health-based 8hour ozone NAAQS of 0.070 parts per
million (ppm). See 80 FR 65292
(October 26, 2015). Under EPA’s
regulations at 40 CFR part 50, the 2015
ozone NAAQS is attained in an area
when the 3-year average of the annual
fourth highest daily maximum 8-hour
average concentration is equal to or less
than 0.070 ppm, when truncated after
the thousandth decimal place, at all the
ozone monitoring sites in the area. See
40 CFR 50.19 and appendix U to 40 CFR
part 50.
Upon promulgation of a new or
revised NAAQS, section 107(d)(1)(B) of
the CAA requires EPA to designate as
nonattainment any areas that are
violating the NAAQS, based on the most
1 Annual monitoring data is typically certified by
May 1 of the following year. In this case Wisconsin
has early-certified the 2021 ozone data for the area
prior to the May 1, 2022, deadline.
E:\FR\FM\03MRP1.SGM
03MRP1
Agencies
[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Proposed Rules]
[Pages 12016-12020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04032]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2021-0785; FRL-9591-01-R1]
Air Plan Approval; New Hampshire; Env-A 800 Testing and
Monitoring Procedures, Env-A 619.03 PSD Program Requirements, and Env-A
1200 VOC RACT
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve State Implementation Plan (SIP) revisions submitted by the
State of New Hampshire. These revisions amend Testing and Monitoring
Procedures for sources of air pollution; revise New Hampshire's
Prevention of Significant Deterioration (PSD) permitting program with
respect to requirements for air quality modeling; fully approve certain
infrastructure SIP requirements as they related to PSD permitting
requirements for the 2015 Ozone and 2012 fine particle matter
(PM2.5) National Ambient Air Quality Standards (NAAQS); and
amend Volatile Organic Compounds (VOCs) Reasonably Available Control
Technology (RACT). This action is being taken under the Clean Air Act
(CAA).
DATES: Written comments must be received on or before April 4, 2022.
[[Page 12017]]
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2021-0785 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 and facility closures due to COVID-19.
FOR FURTHER INFORMATION CONTACT: John Creilson, Air Quality Branch,
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square--Suite 100 (Mail code 05-2), Boston, MA 02109, tel. (617) 918-
1688, email [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background
a. Env-A 800 Testing and Monitoring Procedures
b. Env-A 619.03 PSD Program Requirements
c. Env-A 1200 VOC RACT
II. Summary and Evaluation of State Submittal
a. Env-A 800 Testing and Monitoring Procedures
b. Env-A 619.03 PSD Program Requirements
c. Env-A 1200 VOC RACT
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
a. Env-A 800 Testing and Monitoring Procedures
On August 19, 2021, the New Hampshire Department of Environmental
Services (NH DES) submitted a revision to its State Implementation Plan
(SIP). The submittal consists of revisions to an existing rule, Env-A
800, Testing and Monitoring Procedures, that was previously approved
into the New Hampshire SIP. A clarification letter, along with the
updated rule, was subsequently submitted on December 20, 2021. The
clarification letter corrected an equation in the rule and omitted Env-
A 810 from the New Hampshire SIP submittal. Env-A 800 establishes
testing and monitoring procedures, calculation procedures, standards,
and requirements used to determine compliance with Federal and state
air pollution regulations. The State made a number of relatively minor
changes to the existing rule as described within this proposed
rulemaking and requested that the version submitted on August 19, 2021,
and clarified on December 20, 2021, be incorporated into the New
Hampshire SIP, except for (1) section 801.02(b) and (d), which are
related to trading programs, and (2) section 810, Air Pollution Control
Equipment Monitoring Plan; Additional Testing and Monitoring. NH DES
also stated that this revision supersedes all prior approved versions.
b. Env-A 619.03 PSD Program Requirements
On September 16, 2021, NH DES submitted a revision to its SIP-
approved regulation Part Env-A 619.03, the State's CAA PSD permitting
program. The revision addresses conditional approvals related to the
State's PSD program for purposes of the 2015 Ozone and 2012
PM2.5 NAAQS infrastructure SIP requirements. Specifically,
EPA conditionally approved infrastructure SIP elements associated with
CAA sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), 110(a)(2)(J), and
110(a)(2)(K). See 85 FR 67651 (October 26, 2020).
NH DES implements PSD largely through the incorporation by
reference of the Federal PSD program at 40 CFR 52.21, as it existed on
a specific date. The State's current SIP-approved version of the
Federal PSD program references 40 CFR 52.21 as it was codified on July
1, 2016. EPA's PSD regulations at 40 CFR 51.166(l) require a state's
SIP to ``provide for procedures which specify that [a]ll applications
of air quality modeling . . . shall be based on the applicable models,
data bases, and other requirements specified in'' EPA's Guideline on
Air Quality Models in appendix W of 40 CFR part 51, which was most
recently revised on January 17, 2017. 82 FR 5182; see also 82 FR 14324
(Mar. 20, 2017). CAA sections 110(a)(2)(C), (D)(i)(II), and (J) require
a state to make an infrastructure SIP submission demonstrating that the
air agency has a complete PSD permitting program in place satisfying
current requirements. CAA section 110(a)(2)(K) requires that the SIP
provide for the performance of such air quality modeling as the EPA
Administrator may prescribe for the purpose of predicting the effect on
ambient air quality of any emissions of any air pollutant for which EPA
has established a NAAQS.
With New Hampshire's SIP referencing an earlier version of appendix
W through its incorporation by reference of 40 CFR 52.21 as codified on
July 1, 2016, EPA conditionally approved New Hampshire's infrastructure
SIP elements related to CAA sections 110(a)(2)(C), 110(a)(2)(D)(i)(II),
110(a)(2)(J), and 110(a)(2)(K), as the State's PSD program was not
consistent with the current Federal requirements. EPA found that
outside the issue with appendix W, the State has a comprehensive PSD
permitting program in place satisfying all other PSD program elements.
Prior to EPA's proposal of the conditional approvals, NH DES
committed in a letter dated June 3, 2020, to submit for EPA approval
revisions to Env-A 619.03 to update the reference date for 40 CFR 52.21
so as to incorporate EPA's current ``Guideline on Air Quality Models''
in appendix W to 40 CFR part 51. The State's September 16, 2021, SIP
submittal addresses its June 3, 2020, commitment to submit necessary
revisions of Env-A 619.03 to EPA for approval into the SIP.
c. Env-A 1200 VOC RACT
On July 15, 2021, the NH DES submitted a revision to its SIP, which
consists of amendments to an existing rule, Env-A 1200, Volatile
Organic Compounds (VOC) Reasonably Available Control Technology (RACT),
that was previously approved into the New Hampshire SIP on November 8,
[[Page 12018]]
2012 (77 FR 66921). Env-A 1200 establishes requirements for the
implementation of reasonably available control technology on certain
stationary sources located in New Hampshire that emit volatile organic
compounds. The rule expired on June 1, 2019, so the NH DES has
readopted the chapter with minor amendment for clarity and to align
with Federal requirements.
II. Summary and Evaluation of State Submittal
a. Env-A 800 Testing and Monitoring Procedures
On August 19, 2021, the New Hampshire Department of Environmental
Services (DES) submitted state regulation Env-A 800, Testing and
Monitoring Procedures, to EPA and requested that the rule be submitted
into the State's SIP. A clarification letter, along with the updated
rule, was subsequently submitted on December 20, 2021. The State
indicated that these revisions supersede all prior approved versions.
New Hampshire made the request in light of recent changes to the
rule as a matter of state law. The proposed amendments are as follows:
1. Updates to the procedure for recertification of continuous
emissions monitoring systems. New Hampshire DES updated Env-A 800 to
clarify and correct pre-test, sampling, and report submittal procedures
for conducting Relative Accuracy Test Audits (RATAs) for recertifying
Continuous Emissions Monitoring (CEM) systems installed at stationary
sources.
2. Updates to nitrogen oxides (NOX) RACT testing requirements to be
consistent with Federal requirements. New Hampshire DES updated Env-A
800 to simplify testing requirements for gaseous concentration
measurements for NOX RACT-subject devices and tune-ups. For
example, one change New Hampshire made to the NOX RACT
testing requirement was to clarify that sources only needed to choose
one of the referenced test methods listed for gaseous concentration
measurements, rather than use multiple test methods.
3. Removal of language pertaining to time-shared CEM systems. New
Hampshire DES updated Env-A 808, Continuous Emission Monitoring, to
remove a provision relating to time-shared CEM systems, as there no
longer are any installed at any New Hampshire sources.
4. Modification of audit requirements to be consistent with EPA
requirements. New Hampshire DES updated Env-A 800 to modify quarterly
audit requirements for continuous opacity monitors to follow 40 CFR
part 60, appendix F, Procedure 3 procedures instead of 40 CFR part 60,
appendix B, Performance Specification 1 requirements in order to align
with changes in Federal requirements. For example, section 808.05(b) of
the previously adopted rule was modified such that the quarterly audit
requirements reference 40 CFR part 60, appendix F, Procedure 3, instead
of 40 CFR part 60, appendix B, Performance Specification 1.
5. Change in compliance testing for NOX and carbon monoxide (CO).
New Hampshire DES updated Env-A 802.13, Compliance Stack Testing for
Emissions of Nitrogen Oxides (NOX) or Carbon Monoxide, to
require that when compliance testing is done for either NOX
or CO, that testing be done for both gases.
6. Definitions and calculations for multi-day rolling emissions
averages. New Hampshire DES updated Env-A 808.01, Definitions, to
define ``rolling average'' as an arithmetic mean specified by an
applicable emission limit. The calculations are defined in updated
sections 808.01(h)(1)-(4).
7. Modification of provisions of CEM systems. New Hampshire DES
updated Env-A 800 to revise provisions relative to installation,
operation, and auditing of CEM systems to cover the inclusion of future
Federal New Source Performance Standards (NSPS) and National Emission
Standards for Hazardous Air Pollutants (NESHAP) requirements for CEM
systems.
EPA has reviewed New Hampshire's August 19, 2021 submittal of
revisions to Env-A 800, Testing and Monitoring Procedures, and
subsequent December 20, 2021 clarification, and determined that they
represent approvable revisions to the version previously approved into
the New Hampshire SIP.
b. Env-A 619.03 PSD Program Requirements
EPA has reviewed the State's September 16, 2021, SIP submittal with
respect to revision for Env-A 619.03. NH DES readopted with amendments
Env-A 619.03 on March 16, 2021. The readoption made the state's current
regulations consistent with the Federal regulations as of July 1, 2019.
NH DES amended Env-A 619.03 by including a new paragraph (d), which
definitively states, ``For the purposes of this part, the reference to
Appendix W in 40 CFR 52.21(l) shall refer to the July 1, 2019
edition.''
The changes NH DES made to its regulation sufficiently address
EPA's October 26, 2020, conditional approvals of the PSD- and modeling-
related elements for the 2015 Ozone and 2012 PM2.5 NAAQS
infrastructure SIP requirements. Specifically, the new paragraph (d)
provides that air quality modeling procedures will be consistent with
EPA's most recent revision of appendix W of 40 CFR part 51. Therefore,
EPA proposes to replace the version of Env-A 619.03 currently in New
Hampshire's SIP with the March 16, 2021, version and to convert the
previous conditional approvals to full approvals.
c. Env-A 1200 VOC RACT
On July 15, 2021, NH DES submitted state regulation Env-A 1200,
Volatile Organic Compounds (VOC) Reasonably Available Control
Technology (RACT), to EPA requesting the rule be approved into the
State's SIP, and that the previously approved version of the regulation
be removed from the SIP. The proposed amendments are primarily as
follows:
1. Clarify exemptions. Env-A 1201.04 was revised to remove an
exemption for which an owner or operator may be exempt from the chapter
if they applied for a source specific RACT permit, or permit
modification, by May 31, 2013. Since this date has passed, this
provision is no longer applicable and was replaced with a provision of
similar intent, which states that a source now subject to a source
specific RACT permit, or a consent decree agreement, would be exempt
from the chapter. A provision was also added that reiterates language
elsewhere in the chapter that a source's emissions must be below the
relevant VOC category applicability threshold to be exempt from Env-A
1200.
2. Expand alternative compliance procedures. Env-A 1205.02 was
revised to also be applicable to Env-A 1214 and 1220, flat wood
paneling and adhesive coating operations, respectively. These source
categories will be allowed to comply with their emission rates by
implementing add-on controls or a ``bubble,'' which is a process in
which similar sources at a facility are collectively controlled. This
form of alternative compliance must be no less stringent than the
otherwise prescribed limits. This paragraph was also edited to include
reference to Env-A 800, Testing and Monitoring Procedures, which are
customarily necessary for evaluating compliance with this chapter.
3. Clarify that related cleaning activity emissions are generally
subject to this chapter. To be consistent with EPA Control Techniques
Guidelines (CTGs) documents, source emission applicability requirements
was revised to expressly include the cleaning
[[Page 12019]]
activities associated with the relevant VOC RACT category. New
Hampshire DES had, in practice, interpreted the previous Chapter as
such, therefore the actual level of control is not expected to change
because of this revision.
EPA has reviewed New Hampshire's July 15, 2021, submittal of
revisions to Env-A 1200, Volatile Organic Compounds (VOC) Reasonably
Available Control Technology (RACT) and determined that they represent
approvable revisions to the version previously approved into the New
Hampshire SIP. These revisions primarily clarify existing requirements
and in certain circumstances in which they expand control options, are
explicitly required to be no less stringent that the previous control
requirements. Therefore, the revised rule is expected to achieve no
fewer emission reductions that the previously approved version. Thus,
revising the SIP to incorporate the revised rule will not interfere
with any applicable requirement concerning attainment and reasonable
further progress or any other applicable requirement of the Act. See
CAA section 110(l).
III. Proposed Action
EPA is proposing to approve the New Hampshire revisions to (1) Env-
A 800 submitted on August 19, 2021, and clarified on December 20, 2021;
(2) Env-A 619.03 submitted on September 16, 2021; and (3) Env-A 1200
submitted on August 19, 2021. Furthermore, EPA is proposing to convert
its October 26, 2020, conditional approvals of infrastructure SIP
elements associated with CAA sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), 110(a)(2)(J), and 110(a)(2)(K) for the 2015 Ozone
and 2012 PM2.5 NAAQS to a full approval. EPA's proposed
action regarding infrastructure SIP requirements for the 2015 ozone and
2012 PM2.5 NAAQS is contained in Table 1 below.
Table 1--Proposed Action on New Hampshire's Infrastructure SIP Elements
for the 2015 Ozone and 2012 PM2.5 NAAQS
------------------------------------------------------------------------
Element 2015 ozone NAAQS 2012 PM2.5 NAAQS
------------------------------------------------------------------------
* * * * * * *
(C)2: PSD program for major Approve.......... Approve.
sources and major
modifications.
* * * * * * *
(D)2: PSD...................... Approve.......... Approve.
* * * * * * *
(J)3: PSD...................... Approve.......... Approve.
* * * * * * *
(K): Air quality modeling and Approve.......... Approve.
data.
* * * * * * *
------------------------------------------------------------------------
EPA is soliciting public comments on the issues discussed in this
document or on other relevant matters. These comments will be
considered before taking final action. Interested parties may
participate in the Federal rulemaking procedure by submitting written
comments to this proposed rule by following the instructions listed in
the ADDRESSES section of this Federal Register document.
IV. Incorporation by Reference
In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference New Hampshire regulations Env-A 800 as adopted on April 30,
2019, with the exception of section 801.02(b) and (d) and section 810;
Env-A 619.03 as adopted on March 16, 2021; and Env-A 1200 as adopted on
October 17, 2019. The EPA has made, and will continue to make, these
documents generally available through https://www.regulations.gov and
at the EPA Region 1 Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).
V. 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 proposed 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 proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
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
[[Page 12020]]
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: February 18, 2022.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2022-04032 Filed 3-2-22; 8:45 am]
BILLING CODE 6560-50-P