Air Plan Approval; New Hampshire; Rules for Particulate Emissions From Open Sources, 49526-49528 [2022-16601]
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Federal Register / Vol. 87, No. 154 / Thursday, August 11, 2022 / Rules and Regulations
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; 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).
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 as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 11, 2022. 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: August 1, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
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 II—North Carolina
2. In § 52.1770 in paragraph (e),
amend the table by adding a new entry
for ‘‘Removal of Lee, Onslow, and
Rockingham Counties from North
Carolina’s Inspection and Maintenance
Program and 110(l) Non-Interference
Demonstration’’ at the end to read as
follows:
■
§ 52.1770
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
State
effective
date
Provision
*
*
*
Removal of Lee, Onslow, and Rockingham Counties from North
Carolina’s Inspection and Maintenance Program and 110(l)
Non-Interference Demonstration.
[FR Doc. 2022–16905 Filed 8–10–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2022–0112; FRL–9734–02–
R1]
Air Plan Approval; New Hampshire;
Rules for Particulate Emissions From
Open Sources
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions of
New Hampshire Code of Administrative
Rules Chapter Env-A 1000 submitted by
SUMMARY:
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*
12/14/2020
EPA
approval
date
*
8/11/2022
the State of New Hampshire on January
8, 2020. Env-A 1000 establishes
requirements for open burning, fugitive
dust, and firefighter instruction and
training activities. This action is being
taken under the Clean Air Act.
DATES: This rule is effective on
September 12, 2022.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2022–0112. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
Federal Register citation
*
[Insert citation of publication].
Explanation
*
available at 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:
Pujarini Maiti, Air Quality Planning
Unit, Air Programs Branch (Mail Code
OEP05–02), U.S. Environmental
Protection Agency, Region 1, 5 Post
Office Square, Suite 100, Boston,
Massachusetts 02109–3912; (617) 918–
1625; maiti.pujarini@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
E:\FR\FM\11AUR1.SGM
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Federal Register / Vol. 87, No. 154 / Thursday, August 11, 2022 / Rules and Regulations
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
III. Incorporation by Reference
I. Background and Purpose
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On May 18, 2022 (87 FR 22821), EPA
published a Notice of Proposed
Rulemaking (NPRM) for the State of
New Hampshire proposing to approve
two SIP revisions submitted by the
State. Information about the proposed
SIP revisions are as follows.
On January 8, 2020, NH DES
submitted revisions of New Hampshire
Code of Administrative Rules Chapter
Env-A 1000 (Prevention, Abatement,
and Control of Open Source Air
Pollution) and Env-A 2800 (Sand and
Gravel Sources; Non-Metallic Mineral
Processing Plants; Cement and Concrete
Sources) to EPA for approval into the
New Hampshire SIP. NH DES withdrew
the January 2020 submission of Env-A
1000 to the SIP on July 19, 2021. On
August 19, 2021, NH DES submitted
another revision of Env-A 1000 to EPA
for approval into the New Hampshire
SIP. This regulation establishes
requirements for open burning, fugitive
dust, and firefighter instruction and
training activities. NH DES submitted
this revision to replace the current SIPapproved Env-A 1000 (83 FR 6972;
February 16, 2018), which expired at the
state level on May 1, 2019. The
submittal also includes Appendices A
and B, which provide references and
definitions that are included in Env-A
1000. EPA has determined that the new
version of Env-A 1000 is no less
stringent than existing Env-A 1000 in
the New Hampshire SIP and, therefore,
meets requirements of section 110(l) of
the Clean Air Act.
Herein, we are approving Env-A 1000.
The rationale for this action is explained
in the NPRM and will not be restated
here. There were no public comments
received on the NPRM.
At this time, we are not taking final
action on Chapter Env-A 2800, which
establishes requirements for particulate
matter, visible emissions, and fugitive
dust standards for sand and gravel
sources, non-metallic mineral
processing plants, and cement and
concrete sources.
II. Final Action
EPA is approving and incorporating
Env-A 1000 into the New Hampshire
SIP, which was submitted by the State
of New Hampshire on August 19, 2021.
However, we are not finalizing our
VerDate Sep<11>2014
16:33 Aug 10, 2022
Jkt 256001
proposal to approve Env-A 2800 at this
time, which was submitted on January
8, 2020. EPA will take action on Env-A
2800 at a later time.
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of New Hampshire
regulation Env-A 1000, effective August
1, 2019, as described in section I. of this
preamble and set forth below in the
amendments to 40 CFR part 52. The
EPA has made, and will continue to
make, these documents generally
available through 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).
Therefore, these materials have been
approved by EPA for inclusion in the
State Implementation Plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference in the next
update to the SIP compilation.1
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 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.);
1 62
PO 00000
FR 27968 (May 22, 1997).
Frm 00019
Fmt 4700
Sfmt 4700
49527
• 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 October 11, 2022.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
E:\FR\FM\11AUR1.SGM
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49528
Federal Register / Vol. 87, No. 154 / Thursday, August 11, 2022 / Rules and Regulations
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
Authority: 42 U.S.C. 7401 et seq.
requirements, Sulfur oxides, Volatile
organic compounds.
Subpart EE—New Hampshire
Dated: July 28, 2022.
David Cash,
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
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
2. In § 52.1520, amend the table in
paragraph (c) by revising the entry
‘‘Env-A 1000’’ to read as follows:
■
Identification of plan.
*
*
(c) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State
effective
date
State citation
Title/subject
*
Env-A 1000 .......
*
*
Control of Open Burning .................
*
*
*
EPA
approval
date 1
*
8/1/2019
8/11/2022
Explanations
*
*
*
Approve the amended Part Env-A 1000 ‘‘Prevention,
Abatement and Control of Open Source Air Pollution’’ to supersede the previously SIP-approved
version.
*
*
*
*
1 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.
deficiencies identified in the June 12,
2015, SIP call.
[FR Doc. 2022–16601 Filed 8–10–22; 8:45 am]
BILLING CODE 6560–50–P
This rule is effective September
12, 2022.
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R4–OAR–2022–0225; FRL–9912–02–
R4]
Air Plan Approval; Kentucky; Removal
of Excess Emissions Provisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the Kentucky Energy and
Environment Cabinet (Cabinet), on
November 17, 2016, on behalf of the
Commonwealth of Kentucky
(Commonwealth). The revision was
submitted in response to the EPA’s SIP
call published on June 12, 2015,
concerning excess emissions during
startup, shutdown, and malfunction
(SSM) events. The submittal requests
the revision of provisions identified in
the 2015 SIP call for the Kentucky SIP.
EPA is approving the SIP revision and
finds that such SIP revision corrects the
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SUMMARY:
VerDate Sep<11>2014
16:33 Aug 10, 2022
Jkt 256001
EPA has established a
docket for this action under Docket
Identification No. EPA–R4–OAR–2022–
0225. 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
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.
ADDRESSES:
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
FOR FURTHER INFORMATION CONTACT:
Estelle Bae, Air Permitting 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. Ms. Bae can be
reached by telephone at (404) 562–9143
or via electronic mail at bae.estelle@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 7, 2022, EPA proposed to
approve a SIP revision submitted by the
Commonwealth through the Cabinet on
November 17, 2016. See 87 FR 34612. In
that proposal, EPA also proposed to
determine that the SIP revision corrects
the deficiency with respect to Kentucky
that the Agency identified in the June
12, 2015, action titled ‘‘State
Implementation Plans: Response to
Petition for Rulemaking; Restatement
and Update of EPA’s SSM Policy
Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls to
Amend Provisions Applying to Excess
Emissions During Periods of Startup,
Shutdown, and Malfunction,’’ 80 FR
33839 (June 12, 2015), hereinafter
referred to as the ‘‘2015 SSM SIP
Action.’’ The reasons for the proposed
approval and determination are stated
in the June 7, 2022, proposed action and
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]]>Agencies
[Federal Register Volume 87, Number 154 (Thursday, August 11, 2022)]
[Rules and Regulations]
[Pages 49526-49528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16601]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2022-0112; FRL-9734-02-R1]
Air Plan Approval; New Hampshire; Rules for Particulate Emissions
From Open Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions of New Hampshire Code of
Administrative Rules Chapter Env-A 1000 submitted by the State of New
Hampshire on January 8, 2020. Env-A 1000 establishes requirements for
open burning, fugitive dust, and firefighter instruction and training
activities. This action is being taken under the Clean Air Act.
DATES: This rule is effective on September 12, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2022-0112. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available at 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: Pujarini Maiti, Air Quality Planning
Unit, Air Programs Branch (Mail Code OEP05-02), U.S. Environmental
Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston,
Massachusetts 02109-3912; (617) 918-1625; [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever
[[Page 49527]]
``we,'' ``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On May 18, 2022 (87 FR 22821), EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of New Hampshire proposing to approve
two SIP revisions submitted by the State. Information about the
proposed SIP revisions are as follows.
On January 8, 2020, NH DES submitted revisions of New Hampshire
Code of Administrative Rules Chapter Env-A 1000 (Prevention, Abatement,
and Control of Open Source Air Pollution) and Env-A 2800 (Sand and
Gravel Sources; Non-Metallic Mineral Processing Plants; Cement and
Concrete Sources) to EPA for approval into the New Hampshire SIP. NH
DES withdrew the January 2020 submission of Env-A 1000 to the SIP on
July 19, 2021. On August 19, 2021, NH DES submitted another revision of
Env-A 1000 to EPA for approval into the New Hampshire SIP. This
regulation establishes requirements for open burning, fugitive dust,
and firefighter instruction and training activities. NH DES submitted
this revision to replace the current SIP-approved Env-A 1000 (83 FR
6972; February 16, 2018), which expired at the state level on May 1,
2019. The submittal also includes Appendices A and B, which provide
references and definitions that are included in Env-A 1000. EPA has
determined that the new version of Env-A 1000 is no less stringent than
existing Env-A 1000 in the New Hampshire SIP and, therefore, meets
requirements of section 110(l) of the Clean Air Act.
Herein, we are approving Env-A 1000. The rationale for this action
is explained in the NPRM and will not be restated here. There were no
public comments received on the NPRM.
At this time, we are not taking final action on Chapter Env-A 2800,
which establishes requirements for particulate matter, visible
emissions, and fugitive dust standards for sand and gravel sources,
non-metallic mineral processing plants, and cement and concrete
sources.
II. Final Action
EPA is approving and incorporating Env-A 1000 into the New
Hampshire SIP, which was submitted by the State of New Hampshire on
August 19, 2021. However, we are not finalizing our proposal to approve
Env-A 2800 at this time, which was submitted on January 8, 2020. EPA
will take action on Env-A 2800 at a later time.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of New Hampshire
regulation Env-A 1000, effective August 1, 2019, as described in
section I. of this preamble and set forth below in the amendments to 40
CFR part 52. The EPA has made, and will continue to make, these
documents generally available through 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). Therefore, these materials have been approved by EPA for
inclusion in the State Implementation Plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference in
the next update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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 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
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 October 11, 2022. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for
[[Page 49528]]
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, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: July 28, 2022.
David Cash,
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 (c) by revising the
entry ``Env-A 1000'' to read as follows:
Sec. 52.1520 Identification of plan.
* * * * *
(c) * * *
EPA-Approved New Hampshire Regulations
----------------------------------------------------------------------------------------------------------------
State EPA approval
State citation Title/subject effective date date \1\ Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Env-A 1000................... Control of Open Burning. 8/1/2019 8/11/2022 Approve the amended
Part Env-A 1000
``Prevention,
Abatement and Control
of Open Source Air
Pollution'' to
supersede the
previously SIP-
approved version.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ 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. 2022-16601 Filed 8-10-22; 8:45 am]
BILLING CODE 6560-50-P
