Air Plan Approval; New Hampshire; Ambient Air Quality Standards, 74834-74836 [2024-20721]
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74834
Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Rules and Regulations
U.S.C. 2461 note); 22 U.S.C. 6021–6091; Pub.
L. 105–277, 112 Stat. 2681; Pub. L. 111–8,
123 Stat. 524; Pub. L. 111–117, 123 Stat.
3034; E.O. 9989, 13 FR 4891, 3 CFR, 1943–
1948 Comp., p. 748; Proc. 3447, 27 FR 1085,
3 CFR, 1959–1963 Comp., p. 157; E.O. 12854,
58 FR 36587, 3 CFR, 1993 Comp., p. 614.
PART 501—REPORTING,
PROCEDURES AND PENALTIES
REGULATIONS
1. The authority citation for part 501
continues to read as follows:
■
Authority: 8 U.S.C. 1189; 18 U.S.C. 2332d,
2339B; 19 U.S.C. 3901–3913; 21 U.S.C. 1901–
1908; 22 U.S.C. 287c, 2370(a), 6009, 6032,
7205, 8501–8551; 31 U.S.C. 321(b); 50 U.S.C.
1701 et seq., 4301–4341; Pub. L. 101–410,
104 Stat. 890, as amended (28 U.S.C. 2461
note).
Subpart C—Reports
2. Revise and republish § 501.601 to
read as follows:
■
§ 501.601 Records and recordkeeping
requirements.
Except as otherwise provided, every
person engaging in any transaction
subject to the provisions of this chapter
shall keep a full and accurate record of
each such transaction engaged in,
regardless of whether such transaction
is effected pursuant to license or
otherwise, and such record shall be
available for examination for at least 10
years after the date of such transaction.
Except as otherwise provided, every
person holding property blocked
pursuant to the provisions of this
chapter or funds transfers retained
pursuant to § 596.504(b) of this chapter
shall keep a full and accurate record of
such property, and such record shall be
available for examination for the period
of time that such property is blocked
and for at least 10 years after the date
such property is unblocked.
■ 3. Revise paragraph IV.B of appendix
A to part 501 to read as follows:
Appendix A to Part 501—Economic
Sanctions Enforcement Guidelines
*
*
*
*
khammond on DSKJM1Z7X2PROD with RULES
*
*
*
*
PART 515—CUBAN ASSETS
CONTROL REGULATIONS
4. The authority citation for part 515
continues to read as follows:
■
Authority: 22 U.S.C. 2370(a), 6001–6010,
7201–7211; 31 U.S.C. 321(b); 50 U.S.C. 4301
et seq.; Pub. L. 101–410, 104 Stat. 890 (28
VerDate Sep<11>2014
§ 515.572 Provision of travel, carrier, other
transportation-related, and remittance
forwarding services.
*
*
*
*
*
(b) * * *
(1) Persons subject to U.S. jurisdiction
providing services authorized pursuant
to paragraphs (a)(1) through (4) of this
section must retain for at least 10 years
from the date of the transaction a
certification from each customer
indicating the section of this part that
authorizes the person to travel or send
remittances to Cuba. In the case of a
customer traveling under a specific
license, the specific license number or
a copy of the license must be
maintained on file with the person
subject to U.S. jurisdiction providing
services authorized pursuant to this
section.
*
*
*
*
*
Lisa M. Palluconi,
Acting Director, Office of Foreign Assets
Control.
[FR Doc. 2024–20674 Filed 9–11–24; 8:45 am]
BILLING CODE 4810–AL–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Table of Contents
[EPA–R01–OAR–2024–0255; FRL–12071–
02–R1]
I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
*
IV. * * *
B. The late filing of a required report,
whether set forth in regulations or in a
specific license, may result in a civil
monetary penalty in an amount up to $3,550,
if filed within the first 30 days after the
report is due, and a penalty in an amount up
to $7,104 if filed more than 30 days after the
report is due. If the report relates to blocked
assets, the penalty may include an additional
$1,422 for every 30 days that the report is
overdue, up to 10 years.
*
5. Revise and republish paragraph
(b)(1) of § 515.572 as follows:
■
15:42 Sep 12, 2024
Jkt 262001
This rule is effective on October
15, 2024.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2024–0255. 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,
Air and Radiation Division (Mail Code
5–MD), U.S. Environmental Protection
Agency, Region 1, 5 Post Office Square,
Suite 100, Boston, Massachusetts,
02109–3912, (617) 918–1684;
simcox.alison@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
DATES:
Air Plan Approval; New Hampshire;
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving most of a
State Implementation Plan (SIP)
revision submitted by the State of New
Hampshire. This revision updates the
State regulation containing ambient air
quality standards. EPA is approving all
the State’s updated standards, except
the primary annual fine particle (PM2.5)
standard, which we are conditionally
approving because it does not match
EPA’s current National Ambient Air
Quality Standard for PM2.5. This action
is being taken in accordance with the
Clean Air Act.
SUMMARY:
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I. Background and Purpose
On July 11, 2024 (89 FR 56825), EPA
published a Notice of Proposed
Rulemaking (NPRM) for the State of
New Hampshire.
The NPRM proposed approval of New
Hampshire’s update to its Env-A 300,
‘‘Ambient Air Quality Standards’’
(AAQS). The formal SIP revision was
submitted by the state on December 22,
2022.
EPA determined that the state’s
updated AAQS are consistent with the
National Ambient Air Quality Standards
(NAAQS) in 40 CFR part 50 for all
standards except the PM2.5 primary
annual standard, which EPA
strengthened subsequent to New
Hampshire’s SIP submittal (89 FR
16202).
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Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Rules and Regulations
Additional background and rationale
for EPA’s proposed action are explained
in the NPRM and will not be restated
here. No public comments were
received on the NPRM.
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II. Final Action
EPA is approving most of New
Hampshire’s revised Env-A 300,
‘‘Ambient Air Quality Standards’’ as a
revision to the New Hampshire SIP. We
are conditionally approving the primary
annual PM2.5 standard, provided that
the State submits in a timely manner the
portion of Env-A 300 that includes the
current EPA PM2.5 primary annual
NAAQS of 9.0 mg/m3.
The State must submit to EPA by a
date not later than 1 year from final
approval a revision to Env-A 300 that
includes the current PM2.5 primary
annual NAAQS. 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 notice section of the Federal
Register notifying the public that the
conditional approval automatically
converted to a disapproval.
If the State meets its commitment,
within the applicable time frame, the
conditionally approved submission will
remain a part of the SIP until EPA takes
final action approving or disapproving
the new legislative authority. If EPA
disapproves the new submittal, the
conditionally approved regulation will
also be disapproved at that time. If EPA
approves the submittal, the regulation
will be fully approved in its entirety and
replace the conditionally approved
regulation in the SIP.
III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of New
Hampshire’s regulation Env-A 300
‘‘Ambient Air Quality Standards’’ as
discussed in sections I and II of this
preamble and described in the
amendments to 40 CFR part 52 set forth
below. 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).
Therefore, these materials have been
approved by EPA for inclusion in the
VerDate Sep<11>2014
15:42 Sep 12, 2024
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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 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);
• 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); and
• 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.
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
1 62
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FR 27968 (May 22, 1997).
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74835
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).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on communities with
environmental justice (EJ) concerns to
the greatest extent practicable and
permitted by law. EPA defines EJ as
‘‘the fair treatment and meaningful
involvement of all people regardless of
race, color, national origin, or income
with respect to the development,
implementation, and enforcement of
environmental laws, regulations, and
policies.’’ EPA further defines the term
fair treatment to mean that ‘‘no group of
people should bear a disproportionate
burden of environmental harms and
risks, including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
NH DES did not consider EJ; EPA did
not perform an EJ analysis or consider
EJ as part of its decision. NH DES did
not evaluate environmental justice
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action. Due
to the nature of the action being taken
here, this action is expected to have a
neutral to positive impact on the air
quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
communities with EJ concerns.
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
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74836
Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Rules and Regulations
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 12,
2024. 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 9, 2024.
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
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. Section 52.1519 is amended by
adding paragraph (a)(12) to read as
follows:
■
§ 52.1519 Identification of plan-conditional
approval.
(a) * * *
(12) On December 22, 2022, the New
Hampshire Department of
Environmental Services (NHDES)
submitted a request to amend New
Hampshire’s Env-A 300, ‘‘Ambient Air
Quality Standards’’ regulation, as a
revision to New Hampshire’s State
Implementation Plan (SIP). NHDES
revised this regulation to incorporate
into its SIP revised National Ambient
Air Quality Standards (NAAQS). On
March 6, 2024, EPA strengthened the
fine particulate matter (PM2.5) primary
annual NAAQS. On May 16, 2024, New
Hampshire submitted a letter to EPA
committing to adopt a revised version of
Env-A 300 which includes the current
EPA PM2.5 primary annual NAAQS.
*
*
*
*
*
■ 3. In § 52.1520(c) the table ‘‘EPAApproved New Hampshire Regulations’’
is amended by revising the existing
entry for ‘‘Env-A 300’’ to read as
follows:
§ 52.1520
*
Identification of plan.
*
*
*
*
(c) EPA approved regulations.
EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State
effective
date
State citation
Title/subject
*
Env-A 300 ..............
*
*
Ambient Air Quality Standards ................
*
*
*
*
5/24/2022
*
EPA approval date 1
Explanations
*
*
7/13/2024 ................................................
[Insert Federal Register citation] ...........
*
..............................
*
*
*
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. 2024–20721 Filed 9–12–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2024–0024; FRL–11529–
02–R3]
khammond on DSKJM1Z7X2PROD with RULES
Air Plan Approval; Pennsylvania;
Attainment Plan for the Indiana
Nonattainment Area for the 2010 1Hour Sulfur Dioxide National Ambient
Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
SUMMARY:
VerDate Sep<11>2014
15:42 Sep 12, 2024
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submitted by the Commonwealth of
Pennsylvania (Pennsylvania or PA). The
revision pertains to the attainment plan
for the Indiana, PA nonattainment area
for the 2010 1-hour sulfur dioxide (SO2)
national ambient air quality standard
(NAAQS). The EPA is approving these
revisions to the Pennsylvania SIP in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on
October 15, 2024.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2024–0024. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
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the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through www.regulations.gov,
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
availability information.
FOR FURTHER INFORMATION CONTACT:
Megan Goold, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1600 John
F Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–2027. Ms. Goold
can also be reached via electronic mail
at goold.megan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 22, 2010, the EPA published
a new 1-hour primary SO2 NAAQS of 75
parts per billion (ppb) at 40 CFR
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]]>Agencies
[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Rules and Regulations]
[Pages 74834-74836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20721]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2024-0255; FRL-12071-02-R1]
Air Plan Approval; New Hampshire; Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving most of
a State Implementation Plan (SIP) revision submitted by the State of
New Hampshire. This revision updates the State regulation containing
ambient air quality standards. EPA is approving all the State's updated
standards, except the primary annual fine particle (PM2.5)
standard, which we are conditionally approving because it does not
match EPA's current National Ambient Air Quality Standard for
PM2.5. This action is being taken in accordance with the
Clean Air Act.
DATES: This rule is effective on October 15, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2024-0255. 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,
Air and Radiation Division (Mail Code 5-MD), U.S. Environmental
Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston,
Massachusetts, 02109-3912, (617) 918-1684; [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. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On July 11, 2024 (89 FR 56825), EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of New Hampshire.
The NPRM proposed approval of New Hampshire's update to its Env-A
300, ``Ambient Air Quality Standards'' (AAQS). The formal SIP revision
was submitted by the state on December 22, 2022.
EPA determined that the state's updated AAQS are consistent with
the National Ambient Air Quality Standards (NAAQS) in 40 CFR part 50
for all standards except the PM2.5 primary annual standard,
which EPA strengthened subsequent to New Hampshire's SIP submittal (89
FR 16202).
[[Page 74835]]
Additional background and rationale for EPA's proposed action are
explained in the NPRM and will not be restated here. No public comments
were received on the NPRM.
II. Final Action
EPA is approving most of New Hampshire's revised Env-A 300,
``Ambient Air Quality Standards'' as a revision to the New Hampshire
SIP. We are conditionally approving the primary annual PM2.5
standard, provided that the State submits in a timely manner the
portion of Env-A 300 that includes the current EPA PM2.5
primary annual NAAQS of 9.0 [micro]g/m\3\.
The State must submit to EPA by a date not later than 1 year from
final approval a revision to Env-A 300 that includes the current
PM2.5 primary annual NAAQS. 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 notice section of the
Federal Register notifying the public that the conditional approval
automatically converted to a disapproval.
If the State meets its commitment, within the applicable time
frame, the conditionally approved submission will remain a part of the
SIP until EPA takes final action approving or disapproving the new
legislative authority. If EPA disapproves the new submittal, the
conditionally approved regulation will also be disapproved at that
time. If EPA approves the submittal, the regulation will be fully
approved in its entirety and replace the conditionally approved
regulation in the SIP.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of New
Hampshire's regulation Env-A 300 ``Ambient Air Quality Standards'' as
discussed in sections I and II of this preamble and described in the
amendments to 40 CFR part 52 set forth below. 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). 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 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);
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); and
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.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
EPA defines EJ as ``the fair treatment and meaningful involvement of
all people regardless of race, color, national origin, or income with
respect to the development, implementation, and enforcement of
environmental laws, regulations, and policies.'' EPA further defines
the term fair treatment to mean that ``no group of people should bear a
disproportionate burden of environmental harms and risks, including
those resulting from the negative environmental consequences of
industrial, governmental, and commercial operations or programs and
policies.''
NH DES did not consider EJ; EPA did not perform an EJ analysis or
consider EJ as part of its decision. NH DES did not evaluate
environmental justice considerations as part of its SIP submittal; the
CAA and applicable implementing regulations neither prohibit nor
require such an evaluation. EPA did not perform an EJ analysis and did
not consider EJ in this action. Due to the nature of the action being
taken here, this action is expected to have a neutral to positive
impact on the air quality of the affected area. Consideration of EJ is
not required as part of this action, and there is no information in the
record inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for communities with EJ concerns.
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
[[Page 74836]]
the Federal Register. A major rule cannot take effect until 60 days
after it is published in the Federal Register. This action is not a
``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 12, 2024. 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 9, 2024.
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. Section 52.1519 is amended by adding paragraph (a)(12) to read as
follows:
Sec. 52.1519 Identification of plan-conditional approval.
(a) * * *
(12) On December 22, 2022, the New Hampshire Department of
Environmental Services (NHDES) submitted a request to amend New
Hampshire's Env-A 300, ``Ambient Air Quality Standards'' regulation, as
a revision to New Hampshire's State Implementation Plan (SIP). NHDES
revised this regulation to incorporate into its SIP revised National
Ambient Air Quality Standards (NAAQS). On March 6, 2024, EPA
strengthened the fine particulate matter (PM2.5) primary
annual NAAQS. On May 16, 2024, New Hampshire submitted a letter to EPA
committing to adopt a revised version of Env-A 300 which includes the
current EPA PM2.5 primary annual NAAQS.
* * * * *
0
3. In Sec. 52.1520(c) the table ``EPA-Approved New Hampshire
Regulations'' is amended by revising the existing entry for ``Env-A
300'' to read as follows:
Sec. 52.1520 Identification of plan.
* * * * *
(c) EPA approved regulations.
EPA-Approved New Hampshire Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date \1\ Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Env-A 300...................... Ambient Air Quality 5/24/2022 7/13/2024............ .................
Standards. [Insert Federal
Register citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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. 2024-20721 Filed 9-12-24; 8:45 am]
BILLING CODE 6560-50-P
