
[Federal Register Volume 80, Number 241 (Wednesday, December 16, 2015)]
[Rules and Regulations]
[Pages 78135-78141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31525]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2012-0950; A-1-FRL-9940-15-Region 1]


Air Plan Approval; NH; Infrastructure State Implementation Plan 
Requirements for Ozone, Lead, and Nitrogen Dioxide

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of State Implementation Plan (SIP) submissions from New 
Hampshire regarding the infrastructure requirements of the Clean Air 
Act (CAA or Act) for the 2008 lead, 2008 ozone, and 2010 nitrogen 
dioxide National Ambient Air Quality Standards (NAAQS). EPA is also 
converting conditional approvals for several infrastructure 
requirements for the 1997 and 2006 fine particle (PM2.5) 
NAAQS to full approval under the CAA. Furthermore, we are updating the 
classification for one of New Hampshire's air quality control regions 
for ozone based on recent air quality monitoring data collected by the 
state, and are granting the state's request for an exemption from the 
infrastructure SIP contingency plan obligation for ozone. Last, we are 
conditionally approving certain elements of New Hampshire's submittal 
relating to prevention of significant deterioration requirements.
    The infrastructure requirements are designed to ensure that the 
structural components of each state's air quality management program 
are adequate to meet the state's responsibilities under the CAA.

DATES: This rule is effective on January 15, 2016.

[[Page 78136]]


ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2012-0950. All documents in the docket 
are listed on the http://www.regulations.gov Web site, although some 
information, such as confidential business information or other 
information whose disclosure is restricted by statute is not publically 
available. 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 http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
New England Regional Office, Office of Ecosystem Protection, Air 
Quality Planning Unit, 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. Copies of the 
documents relevant to this action are also available for public 
inspection during normal business hours, by appointment at: Air 
Resources Division, Department of Environmental Services, 6 Hazen 
Drive, P.O. Box 95, Concord, NH 03302-0095.

FOR FURTHER INFORMATION CONTACT: Bob McConnell, Environmental Engineer, 
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) 918-1046; 
mcconnell.robert@epa.gov.

SUPPLEMENTARY INFORMATION: 
    Throughout this document whenever ``we,'' ``us,'' or ``our'' is 
used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. Background and Purpose
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    This rulemaking addresses infrastructure SIP submissions from the 
New Hampshire Department of Environmental Services (NH-DES) for the 
2008 ozone, 2008 lead (Pb), and 2010 nitrogen dioxide (NO2) 
national ambient air quality standards (NAAQS). The state submitted 
these infrastructure SIPs on the following dates: 2008 lead NAAQS--
November 7, 2011; 2008 ozone NAAQS--December 31, 2012; and 2010 
NO2 NAAQS--January 28, 2013.
    This rulemaking also addresses certain infrastructure SIP elements 
for the 1997 and 2006 fine particle (PM2.5) \1\ NAAQS for 
which EPA previously issued a conditional approval. See 77 FR 63228, 
October 16, 2012. The state submitted these infrastructure SIPs on 
April 3, 2008, and September 18, 2009, respectively. Additionally, in 
this final rulemaking we are updating the classification for one of New 
Hampshire's air quality control regions for ozone based on recent air 
quality monitoring data collected by the state, and are granting the 
state's request for an exemption from the infrastructure SIP 
contingency plan obligation for ozone. Last, we are conditionally 
approving certain elements of New Hampshire's submittal relating to 
prevention of significant deterioration (PSD) requirements.
---------------------------------------------------------------------------

    \1\ PM2.5 refers to particulate matter of 2.5 microns 
or less in diameter, oftentimes referred to as ``fine'' particles.
---------------------------------------------------------------------------

II. Public Comments

    EPA received just one set of comments in response to the NPR. Those 
comments--the full set of which are included in the docket for this 
final rulemaking--were submitted by the Sierra Club and focused 
overwhelmingly on our proposed approval of New Hampshire's 
infrastructure SIP for the 2010 SO2 NAAQS, which is not 
addressed in this final rulemaking. Relevant to this action, one aspect 
of the comments touched glancingly on the infrastructure submittals for 
the 2008 ozone and 2010 NO2 NAAQS. EPA received no public 
comments on our proposed approval of New Hampshire's infrastructure 
submittals for the 2008 lead NAAQS.
    Comment: The commenter argued, among other things, that EPA must 
disapprove the SIP submittal for the 2010 SO2 NAAQS, because 
New Hampshire did not include a submittal to satisfy section 
110(D)(i)(I) (the so-called ``Good Neighbor'' provision). In a 
footnote, the commenter contended that New Hampshire had similarly not 
included a submittal to satisfy the same provision for the 2008 ozone 
or 2010 NO2 NAAQS. The commenter argued that these 
omissions, coming as they did more than three years after EPA's 
promulgation of a new or revised NAAQS, are in violation of the Act and 
the Supreme Court's ruling in EPA v. EME Homer City Generation, LP.\2\ 
Accordingly, the commenter contended that ``EPA must take immediate 
action here to disapprove the SO2 I-SIP Certification (as 
well as the 2008 ozone and 2010 NO2 I-SIPs, for that matter) 
and initiate the FIP [Federal Implementation Plan] process with regard 
to the I-SIP's `` `Good Neighbor' provisions.''
---------------------------------------------------------------------------

    \2\ 134 S. Ct. 1584 (2014).
---------------------------------------------------------------------------

    Response: To be clear, EPA reiterates that this final rulemaking 
does not address New Hampshire's infrastructure SIP submittal for the 
2010 SO2 NAAQS. EPA will take final action on that submittal 
in a future final action, which will include a response to the Sierra 
Club's comments as to that submittal.
    Section 110(a)(2)(D)(i)(I) addresses emissions that significantly 
contribute to nonattainment or interfere with maintenance of the NAAQS 
in another state. However, although EPA is acting on New Hampshire's 
submittals for the 2008 ozone and 2010 NO2 NAAQS in this 
rulemaking, EPA is not taking any action with respect to section 
110(D)(i)(I). As the commenter notes, New Hampshire did not include any 
provisions to address the requirements of section 110(a)(2)(D)(i)(I) in 
its December 31, 2012 and January 28, 2013 infrastructure SIP 
submittals for the 2008 ozone and 2010 NO2 NAAQS, 
respectively. In the NPR, EPA did not propose to take any action with 
respect to New Hampshire's obligations pursuant to section 
110(a)(2)(D)(i)(I) for the December 31, 2012 and January 28, 2013 
infrastructure SIP submittals.
    Because New Hampshire did not make a submission in its December 31, 
2012 and January 28, 2013 SIP submittals to address the requirements of 
section 110(a)(2)(D)(i)(I), EPA is not required to have proposed or to 
take final SIP approval or disapproval action on this element under 
section 110(k) of the CAA. In this case, there has been no substantive 
submission for EPA to evaluate under section 110(k). Nor does the lack 
of a submission addressing section 110(a)(2)(D)(i)(I) require EPA to 
disapprove New Hampshire's December 31, 2012 and January 28, 2013 SIP 
submittals as to the other elements of section 110(a)(2). EPA 
interprets its authority under section 110(k)(3) of the CAA as 
affording EPA the discretion to approve, or conditionally approve, 
individual elements of New Hampshire's infrastructure SIP submissions, 
separate and apart from any action with respect to the requirements of 
section 110(a)(2)(D)(i)(I). EPA views discrete infrastructure SIP 
requirements in section 110(a)(2), such as the requirements of 
110(a)(2)(D)(i)(I), as severable from the other infrastructure elements 
and interprets section 110(k)(3) as allowing it to act on

[[Page 78137]]

individual severable measures in a plan submission.
    On August 21, 2012, the D.C. Circuit issued a decision in EME Homer 
City Generation, L.P. v. EPA holding, among other things, that states 
had no obligation to submit good neighbor SIPs until the EPA had first 
quantified each state's good neighbor obligation.\3\ Accordingly, under 
that decision the submission deadline for good neighbor SIPs under the 
CAA would not necessarily be tied to the promulgation of a new or 
revised NAAQS. While the EPA sought review first with the D.C. Circuit 
en banc and then with the United States Supreme Court, the EPA complied 
with the D.C. Circuit's ruling during the pendency of its appeal. The 
D.C. Circuit declined to consider EPA's appeal en banc, but, on April 
29, 2014, the Supreme Court reversed the D.C. Circuit's EME Homer City 
opinion and held, among other things, that under the plain language of 
the CAA, states must submit SIPs addressing the good neighbor 
requirement in CAA section 110(a)(2)(D)(i)(I) within three years of 
promulgation of a new or revised NAAQS, regardless of whether the EPA 
first provides guidance, technical data or rulemaking to quantify the 
state's obligation.
---------------------------------------------------------------------------

    \3\ 696 F.3d 7, 31 (D.C. Cir. 2012).
---------------------------------------------------------------------------

    With respect to the 2008 ozone NAAQS, on November 18, 2014, the 
Sierra Club and WildEarth Guardians filed a complaint in U.S. District 
Court for the Northern District of California seeking an order to 
compel the EPA to make findings of failure to submit good neighbor SIPs 
for over twenty states, including New Hampshire. On May 15, 2015, the 
court entered judgment ordering the EPA to sign a notice issuing its 
findings of failure to submit with respect to the 2008 ozone NAAQS 
interstate transport SIPs for states addressed in the case. Effective 
August 12, 2015, EPA found that 24 states, including New Hampshire, had 
not made a complete good neighbor SIP submittal for the 2008 ozone 
NAAQS to meet the requirements of section 110(a)(2)(D)(i)(I). See 80 FR 
39961 (July 13, 2015). Pursuant to CAA section 110(c)(1), EPA is 
authorized and obligated to promulgate a FIP, if EPA takes any of the 
following actions: (1) Finds that a state has failed to make a required 
SIP submission; (2) finds that a required submission was incomplete; or 
(3) disapproves a required SIP submission in whole or in part. 
Accordingly, EPA must issue a relevant FIP with respect to the 2008 
ozone NAAQS within two years, if New Hampshire has not submitted, and 
EPA has not approved, a plan revision appropriately addressing the good 
neighbor provision requirements. Thus, EPA is not required to issue a 
FIP at this time but will take appropriate action at a future date.
    With respect to the 2010 NO2 NAAQS, EPA has not issued a 
similar finding of failure to submit and, consequently, the two-year 
FIP clock has not yet begun to run. EPA agrees in general that sections 
110(a)(1) and (a)(2) of the CAA require states to submit, within three 
years of promulgation of a new or revised NAAQS, a plan that addresses 
cross-state air pollution under section 110(a)(2)(D)(i)(I). In this 
rulemaking, however, EPA is only approving portions of New Hampshire's 
infrastructure SIP submissions for the 2010 NO2 NAAQS, which 
did not include provisions for interstate transport under section 
110(a)(2)(D)(i)(I). A finding of failure to submit a SIP submission for 
the 2010 NO2 NAAQS addressing section 110(a)(2)(D)(i)(I) 
could occur in a separate rulemaking. As that issue was not addressed 
in the July 17, 2015 NPR,\4\ and is thus not pertinent to this 
rulemaking, EPA provides no further response. In sum, New Hampshire's 
obligations regarding interstate transport of pollution for the 2008 
ozone and 2010 NO2 NAAQS will be addressed in later 
rulemakings.
---------------------------------------------------------------------------

    \4\ See 80 FR 42446, 42452 (July 17, 2015) (``In today's 
rulemaking, EPA is not proposing to approve or disapprove New 
Hampshire's compliance with section 110(a)(2)(D)(i)(I) with respect 
to the 2008 ozone, 2010 NO2 and 2010 SO2 
NAAQS, since New Hampshire's infrastructure SIPs for these NAAQS do 
not include a submittal with respect to transport for sub-element 1, 
prongs 1 and 2.'').
---------------------------------------------------------------------------

III. Final Action

    EPA is approving SIP submissions from New Hampshire certifying that 
the state's current SIP is sufficient to meet the required 
infrastructure elements under sections 110(a)(1) and (2) for the 2008 
Pb, 2008 ozone, and 2010 NO2 NAAQS, with the exception of 
certain aspects relating to the state's PSD program which we are 
conditionally approving. On September 25, 2015, we conditionally 
approved the portion of New Hampshire's PSD program that pertains to 
providing notification to neighboring states of certain permitting 
actions in New Hampshire. See 80 FR 57722. Therefore, we are 
conditionally approving herein the related portions of New Hampshire's 
infrastructure SIP submittals affected by our September 25, 2015 
conditional approval. A summary of EPA's actions regarding these 
infrastructure SIP requirements are contained in Table 1 below.

  Table 1--Action Taken on NH Infrastructure SIP Submittals for Listed
                                  NAAQS
------------------------------------------------------------------------
            Element                2008 Pb     2008 Ozone     2010 NO2
------------------------------------------------------------------------
(A): Emission limits and other            A             A             A
 control measures.............
(B): Ambient air quality                  A             A             A
 monitoring and data system...
(C)(i): Enforcement of SIP                A             A             A
 measures.....................
(C)(ii): PSD program for major           A*            A*            A*
 sources and major
 modifications................
(C)(iii): Permitting program              A             A             A
 for minor sources and minor
 modifications................
(D)(i)(I): Contribute to                  A            NS            NS
 nonattainment/interfere with
 maintenance of NAAQS (prongs
 1 and 2).....................
(D)(i)(II): PSD (prong 3).....           A*            A*            A*
(D)(i)(II): Visibility                    A             A             A
 Protection (prong 4).........
(D)(ii): Interstate Pollution            A*            A*            A*
 Abatement....................
(D)(ii): International                    A             A             A
 Pollution Abatement..........
(E)(i): Adequate resources....            A             A             A
(E)(ii): State boards.........            A             A             A
(E)(iii): Necessary assurances           NA            NA            NA
 with respect to local
 agencies.....................
(F): Stationary source                    A             A             A
 monitoring system............
(G): Emergency power..........            A             A             A
(H): Future SIP revisions.....            A             A             A
(I): Nonattainment area plan              +             +             +
 or plan revisions under part
 D............................
(J)(i): Consultation with                 A             A             A
 government officials.........
(J)(ii): Public notification..            A             A             A

[[Page 78138]]

 
(J)(iii): PSD.................           A*            A*            A*
(J)(iv): Visibility protection            +             +             +
(K): Air quality modeling and             A             A             A
 data.........................
(L): Permitting fees..........            A             A             A
(M): Consultation and                     A             A             A
 participation by affected
 local entities...............
------------------------------------------------------------------------

    In the above table, the key is as follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
A......................................  Approve.
A*.....................................  Approve, but conditionally
                                          approve aspect of PSD program
                                          relating to notification to
                                          neighboring states.
+......................................  Not germane to infrastructure
                                          SIPs.
NS.....................................  No Submittal.
NA.....................................  Not applicable.
------------------------------------------------------------------------

    Also, with respect to the 1997 and 2006 PM2.5 NAAQS, EPA 
is approving New Hampshire's infrastructure SIP submittals requirements 
pertaining to elements (A) and (E)(ii), and the PSD elements (C)(ii), 
(D)(i)(II) (prong 3), and (J)(iii) for which a conditional approval was 
previously issued. See 77 FR 63228, October 16, 2012. As discussed in 
our July 17, 2015 notice of proposed rulemaking (``NPR'') (see 80 FR 
42446), New Hampshire has since met the conditions outlined in our 
October 16, 2012 action. However, in keeping with the conditional 
approval we are issuing today for the 2008 lead, 2008 ozone, and 2010 
NO2 NAAQS with respect to the notification to neighboring 
states aspect of the state's PSD program, we are also newly 
conditionally approving New Hampshire's infrastructure SIP submittals 
for elements (C)(ii), (D)(i)(II) (prong 3), (D)(ii), and (J)(iii) for 
the 1997 and 2006 PM2.5 NAAQS.
    In addition, we are incorporating into the New Hampshire SIP the 
following New Hampshire statutes which were included for approval in 
New Hampshire's infrastructure SIP submittals:
    Title I, The State and Its Government, Chapter 21-O: Department of 
Environmental Services, Section 21-O:11, Air Resources Council.
    Title X Public Health, Chapter 125-C Air Pollution Control, Section 
125-C:1--Declaration of Policy and Purpose; Section 125-C:2--
Definitions; Section 125-C:4--Rulemaking Authority; Subpoena Power; 
Section 125-C:6--Powers and Duties of the Commissioner; Section 125-
C:8--Administration of Chapter; Delegation of Duties; Section 125-C:9--
Authority of the Commissioner in Cases of Emergency; Section 125-C:10--
Devices Contributing to Air Pollution; Section 125-C:10a--Municipal 
Waste Combustion Units; Section 125-C:11--Permit Required; Section 125-
C:12--Administrative Requirements; Section 125-C:13--Criteria for 
Denial; Suspension or Revocation; Modification; Section 125-C:14--
Rehearings and Appeals; Section 125-C:18--Existing Remedies Unimpaired; 
Section 125-C:19--Protection of Powers; and Section 125-C:21--
Severability.
    Title X Public Health, Chapter 125-O: Multiple Pollutant Reduction 
Program, Section 125-O:1--Findings and Purpose; and Section 125-O:3--
Integrated Power Plant Strategy.
    Additionally, we are updating the classification at 40 CFR 52.1521 
for the Merrimack Valley--Southern New Hampshire air quality control 
region for ozone based on recent air quality monitoring data collected 
by the state, and are granting, pursuant to 40 CFR 51.152(d)(1), the 
state's request for an exemption from the infrastructure SIP 
contingency plan obligation for ozone.
    EPA is conditionally approving an aspect of New Hampshire's SIP 
revision submittals pertaining to the state's PSD program. The 
outstanding issue with the PSD program concerns the lack of a 
requirement that neighboring states be notified of the issuance of a 
PSD permit by the New Hampshire Department of Environmental Services. 
On September 25, 2015, we conditionally approved New Hampshire's PSD 
program for this reason. See 80 FR 57722. Accordingly, we are also 
conditionally approving this aspect of New Hampshire's infrastructure 
SIP revisions for the 2008 lead, 2008 ozone, 2010 NO2, 1997 
PM2.5, and 2006 PM2.5 NAAQS. New Hampshire must 
submit to EPA a SIP submittal addressing the above mentioned deficiency 
in the state's PSD program within the timeframe provided by our 
September 25, 2015 action. If the State fails to do so, the elements we 
are conditionally approving in this rulemaking will be disapproved 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 document in 
the Federal Register notifying the public that the conditional approval 
automatically converted to a disapproval. If the State meets its 
commitment within the applicable timeframe, the conditionally approved 
submission will remain a part of the SIP until EPA takes final action 
approving or disapproving the new submittal. If EPA disapproves the new 
submittal, the conditionally approved aspect of New Hampshire's PSD 
program will also be disapproved at that time. If EPA approves the 
revised PSD program submittal, then the portions of New Hampshire's 
infrastructure SIP submittals that were conditionally approved will be 
fully approved in their entirety and replace the conditional approval 
in the SIP. In addition, final disapproval of an infrastructure SIP 
submittal triggers the Federal implementation plan (FIP) requirement 
under section 110(c).
    Other specific requirements of infrastructure SIPs and the 
rationale for EPA's final action on New Hampshire's submittals are 
explained in the NPR and will not be restated here.

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

[[Page 78139]]

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 (Public Law 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 February 16, 2016. 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, Incorporation by 
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: December 2, 2015.
H. Curtis Spalding,
 Regional Administrator, EPA New England.

    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 removing and reserving paragraphs 
(a)(3) and (4) and adding paragraphs (a)(6) through (10) to read as 
follows:


Sec.  52.1519  Identification of plan--conditional approval.

    (a) * * *
    (6) 2008 Ozone NAAQS: The 110(a)(2) infrastructure SIP submitted on 
December 31, 2012, is conditionally approved for Clean Air Act (CAA) 
elements 110(a)(2)(C)(ii), (D)(i)(II), D(ii), and (J)(iii) only as it 
relates to the aspect of the PSD program pertaining to providing 
notification to neighboring states of certain permitting activity being 
considered by New Hampshire. This conditional approval is contingent 
upon New Hampshire taking actions to address these requirements as 
detailed within a final conditional approval dated September 25, 2015.
    (7) 2008 Lead NAAQ: The 110(a)(2) infrastructure SIP submitted on 
November 7, 2011, is conditionally approved for Clean Air Act (CAA) 
elements 110(a)(2)(C)(ii), (D)(i)(II), D(ii), and (J)(iii) only as it 
relates to the aspect of the PSD program pertaining to providing 
notification to neighboring states of certain permitting activity being 
considered by New Hampshire. This conditional approval is contingent 
upon New Hampshire taking actions to address these requirements as 
detailed within a final conditional approval dated September 25, 2015.
    (8) 2010 Nitrogen Dioxide NAAQS: The 110(a)(2) infrastructure SIP 
submitted on January 28, 2013, is conditionally approved for Clean Air 
Act (CAA) elements 110(a)(2)(C)(ii), (D)(i)(II), D(ii), and (J)(iii) 
only as it relates to the aspect of the PSD program pertaining to 
providing notification to neighboring states of certain permitting 
activity being considered by New Hampshire. This conditional approval 
is contingent upon New Hampshire taking actions to address these 
requirements as detailed within a final conditional approval dated 
September 25, 2015.
    (9) 1997 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP 
submitted on April 3, 2008, is conditionally approved for Clean Air Act 
(CAA) elements 110(a)(2)(C)(ii), (D)(i)(II), D(ii), and (J)(iii) only 
as it relates to the aspect of the PSD program pertaining to providing 
notification to neighboring states of certain permitting activity being 
considered by New Hampshire. This conditional approval is contingent 
upon New Hampshire taking actions to address these requirements as 
detailed within a final conditional approval dated September 25, 2015.
    (10) 2006 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP 
submitted on September 18, 2009, is conditionally approved for Clean 
Air Act (CAA) elements 110(a)(2)(C)(ii), (D)(i)(II), D(ii), and 
(J)(iii) only as it relates to the aspect of the PSD program pertaining 
to providing notification to neighboring states of certain permitting 
activity being considered by New Hampshire. This conditional approval 
is contingent upon New Hampshire taking actions to address these 
requirements as detailed within a final conditional approval dated 
September 25, 2015.

0
3. Section 52.1520 is amended by:
0
a. In the table in paragraph (c), adding three entries at the end of 
the table; and
0
b. In the table in paragraph (e), adding six entries at the end of the 
table.
    The additions read as follows:


Sec.  52.1520  Identification of plan.

* * * * *
    (c) * * *

[[Page 78140]]



                                                         EPA-Approved New Hampshire Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       State
        State citation            Title/subject   effective date        EPA approved date \1\                            Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Title 1 of the New Hampshire    Department of             7/1/86  12/16/15 [Insert Federal Register  Section 21-O:11, Air Resources Council.
 Statues: The State and Its      Environmental                     citation].
 Government, Chapter 21-O.       Services.
Title X of the New Hampshire    Air Pollution             7/1/79  12/16/15 [Insert Federal Register  Section 125-C:1--Declaration of Policy and Purpose;
 Statutes: Public Health,        Control.                          citation].                         Section 125-C:2--Definitions; Section 125-C:4--
 Chapter 125-C.                                                                                       Rulemaking Authority; Subpoena Power; Section 125-
                                                                                                      C:6--Powers and Duties of the Commissioner;
                                                                                                      Section 125-C:8--Administration of Chapter;
                                                                                                      Delegation of Duties; Section 125-C:9--Authority
                                                                                                      of the Commissioner in Cases of Emergency; Section
                                                                                                      125-C:10--Devices Contributing to Air Pollution;
                                                                                                      Section 125-C:10a--Municipal Waste Combustion
                                                                                                      Units; Section 125-C:11--Permit Required; Section
                                                                                                      125-C:12--Administrative Requirements; Section 125-
                                                                                                      C:13--Criteria for Denial; Suspension or
                                                                                                      Revocation; Modification; Section 125-C:14--
                                                                                                      Rehearings and Appeals; Section 125-C:18--Existing
                                                                                                      Remedies Unimpaired; Section 125-C:19--Protection
                                                                                                      of Powers; and Section 125-C:21--Severability.
Title X of the New Hampshire    Multiple                7/1/2002  12/16/15 [Insert Federal Register  Section 125-O:1--Findings and Purpose; Section 125--
 Statutes: Public Health,        Pollutant                         citation].                         O:3--Integrated Power Plant Strategy.
 Chapter 125-O.                  Reduction
                                 Program.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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.

* * * * *
    (e) * * *

                                                               New Hampshire NonRegulatory
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                   Applicable
   Name of nonregulatory SIP      geographic or        State
           provision              nonattainment   submittal date/       EPA approved date \3\                            Explanations
                                      area        effective date
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Infrastructure SIP for 2008     Statewide.......      12/31/2012  12/16/15 [Insert Federal Register  Approved submittal, except for certain aspects
 ozone NAAQS.                                                      citation].                         relating to PSD which were conditionally approved.
                                                                                                      See 52.1519.
Infrastructure SIP for the      Statewide.......       11/7/2011  12/16/15 [Insert Federal Register  Approved submittal, except for certain aspects
 2008 Lead NAAQS.                                                  citation].                         relating to PSD which were conditionally approved.
                                                                                                      See 52.1519.
Infrastructure SIP for the      Statewide.......       1/28/2013  12/16/15 [Insert Federal Register  Approved submittal, except for certain aspects
 2010 NO2 NAAQS.                                                   citation].                         relating to PSD which were conditionally approved.
                                                                                                      See 52.1519.
Infrastructure SIP for the      Statewide.......        7/3/2012  12/16/15 [Insert Federal Register  Items that were previously conditionally approved
 1997 PM2.5 NAAQS.                                                 citation].                         on 10/16/12 now fully approved.
Infrastructure SIP for 2006     Statewide.......       9/18/2009  12/16/15 [Insert Federal Register  Items that were previously conditionally approved
 PM2.5 NAAQS.                                                      citation].                         on 10/16/12 now fully approved.
Request for exemption from      Merrimack             12/31/2012  12/16/15 [Insert Federal Register  State's request for exemption from contingency plan
 contingency plan obligation.    Valley--Souther                   citation].                         obligation, made pursuant to 40 CFR 51.122(d), is
                                 n New Hampshire                                                      granted in light of the area's designation as
                                 AQCR.                                                                unclassifiable/attainment for the 2008 ozone
                                                                                                      NAAQS.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column
  for the particular provision.


[[Page 78141]]

0
4. In Sec.  52.1521, revise the table to read as follows:


Sec.  52.1521  Classification of regions.

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                     Pollutant
                                 -------------------------------------------------------------------------------
   Air quality control region       Particulate                      Nitrogen         Carbon
                                      matter       Sulfur oxides      dioxide        monoxide          Ozone
----------------------------------------------------------------------------------------------------------------
Androscoggin Valley Interstate..              IA              IA             III             III             III
Central New Hampshire Intrastate             III             III             III             III             III
Merrimack Valley--Southern New                 I               I             III             III               I
 Hampshire Interstate...........
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-31525 Filed 12-15-15; 8:45 am]
 BILLING CODE 6560-50-P


