
[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Rules and Regulations]
[Pages 57722-57725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23176]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2014-0796; EPA-R01-OAR-2014-0862; A-1-FRL-9933-92-Region 
1]


Approval and Promulgation of Air Quality Implementation Plans; 
New Hampshire; Nonattainment New Source Review and Prevention of 
Significant Deterioration Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of New 
Hampshire on November 15, 2012. This revision amends New Hampshire's 
Prevention of Significant Deterioration (PSD) and Nonattainment New 
Source Review (NNSR) programs to make the programs consistent with the 
federal requirements. EPA is also conditionally approving a commitment 
from the state to submit revised regulations addressing three elements 
of EPA's PSD and NNSR programs that were not submitted with the 
November 15, 2012 submittal. EPA is also approving revisions to two 
definitions related to New Hampshire's permitting programs that were 
submitted on July 1, 2003. This action is being taken in accordance 
with the Clean Air Act.

DATES: This rule is effective on October 26, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2014-0796 and EPA-R01-OAR-2014-0862. All 
documents in the docket are listed on the www.regulations.gov Web site. 
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 either electronically through www.regulations.gov or in hard 
copy at the U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Permits, Toxics, 
and Indoor Programs 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 
the Air Resources Division, Department of Environmental Services, 6 
Hazen Drive, P.O. Box 95, Concord, NH 03302-0095.

FOR FURTHER INFORMATION CONTACT: Brendan McCahill, U.S. Environmental 
Protection Agency, EPA New England Regional Office, Office of Ecosystem 
Protection, Air Permits, Toxics, and Indoor Programs Unit, 5 Post 
Office Square--Suite 100, (mail code OEP05-2), Boston, MA 02109--3912, 
telephone number (617) 918-1652, Fax number (617) 918-0652, email 
mccahill.brendan@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. What action is EPA approving in this document?
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On January 21, 2015 (80 FR 2860), EPA published a Notice of 
Proposed Rulemaking (NPR) for the State of New

[[Page 57723]]

Hampshire. The NPR proposed to approve a November 15, 2012 SIP 
submittal revising the state's PSD program under PART Env-A 619, 
``Prevention of Significant Deterioration.'' The NPR also proposed to 
approve a July 21, 2003 SIP submittal revising the following 
definitions under PART Env-A 101, ``Definitions;'' (1) ``minor permit 
amendment,'' and (2) ``state permit to operate.''
    On April 24, 2015 EPA (80 FR 22956), EPA published a separate NPR 
for the state of New Hampshire. The NPR proposed to approve a separate 
portion of the November 15, 2012 SIP submittal revising the state's 
NNSR program under PART Env-A 618, ``Nonattainment New Source Review'' 
The NPR also reaffirmed EPA's January 21, 2015 proposed approval of the 
November 15, 2012 SIP submittal revising PART Env-A 619, ``Prevention 
of Significant Deterioration'' and the July 21, 2003 SIP submittal 
revising PART Env-A 101, ``Definitions.''
    In addition, the April 24, 2015 NPR proposed to conditionally 
approve the New Hampshire Department of Environmental Services' (NHDES) 
commitment to submit revised regulations addressing the following three 
provisions of the federal NNSR and PSD programs:
     Provisions at 40 CFR 51.165(a)(5)(i) that state approval 
to construct shall not relieve any owner or operator of the 
responsibility to comply fully with applicable provisions of the plan 
and any other requirements under local, State or Federal law;
     Provisions at 40 CFR 51.165(a)(6) and (a)(7) that meet the 
federal regulations applicable to projects at major stationary sources 
that are not major modifications based on the actual-to-projected 
actual test but have a ``reasonable possibility'' of resulting in a 
significant emission increase; and
     Provisions at 40 CFR 51.166(q)(2)(iv) requiring notice of 
a draft PSD permit to state air agencies whose lands may be affected by 
emissions from the permitted source.
    The specific requirements for the two SIP submittals and the 
rationale for EPA's proposed actions are explained in the January 21, 
2015 and April 24, 2015 NPRs and will not be restated here. EPA did not 
receive any public comments on the April 24, 2015 NPR.

II. What action is EPA approving in this document?

    EPA is approving and incorporating into the SIP, PART Env-A 618, 
``Nonattainment New Source Review'' and PART Env-A 619, ``Prevention of 
Significant Deterioration'' that New Hampshire submitted on November 
15, 2012. EPA is approving New Hampshire's definitions of ``minor 
permit amendment,'' and ``state permit to operate'' under PART Env-A 
101, ``Definitions'' into the SIP.
    Additionally, EPA is approving the commitment letter submitted by 
the NHDES on March 20, 2015, in which the NHDES committed to adopt 
revised NNSR and PSD regulations to address three provisions required 
by the federal NNSR and PSD program regulations. In that letter, NHDES 
committed to adopt these revisions no later than one year from the date 
of EPA's conditional approval, and to submit them to EPA for approval 
into the SIP.

III. Final Action

    EPA is approving New Hampshire's July 23, 2003 SIP submittal 
amending the definitions of ``minor permit amendment,'' and ``state 
permit to operate'' under PART Env-A 101, ``Definitions.''
    EPA is approving New Hampshire's November 15, 2012 SIP submittal 
amending PART Env-A 618, ``Nonattainment New Source Review'' and PART 
Env-A 619, ``Prevention of Significant Deterioration.'' With this 
action, PART Env-A 618 and PART Env-A 619 will supersede all other NNSR 
and PSD Program regulations currently approved in New Hampshire's SIP.
    EPA is conditionally approving NHDES's commitment to adopt and 
submit to EPA by September 26, 2016 revised NNSR and PSD regulations 
which address the following provisions of the federal NNSR and PSD 
program regulations:
     Provisions at 40 CFR 51.165(a)(5)(i),
     Provisions at 40 CFR 51.165(a)(6) and (a)(7), and
     Provisions at 40 CFR 51.166(q)(2)(iv).
    If the State fails to do so, the State's commitment to address 
these three provisions 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 document in the Federal Register 
notifying the public that the conditional approval automatically 
converted to 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 State's SIP submittal of the revised NNSR and PSD 
regulations which address the three provisions. If EPA approves the 
submittal, the three provisions will be fully approved in their 
entirety and will replace the conditional approval in the SIP.
    If the conditional approval is converted to a disapproval, such 
action will trigger EPA's authority to impose sanctions under section 
110(m) of the CAA at the time EPA issues the final disapproval or on 
the date the State fails to meet its commitment. In the latter case, 
EPA will notify the State by letter that the conditional approval has 
been converted to a disapproval and that EPA's sanctions authority has 
been triggered. In addition, the final disapproval triggers the Federal 
implementation plan (FIP) requirement under section 110(c).

IV. 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 PART Env-
A 618, ``Nonattainment New Source Review;'' PART Env-A 619, 
``Prevention of Significant Deterioration;'' and PART Env-A 101, 
``Definitions'' 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 electronically through www.regulations.gov and/or 
in hard copy at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this 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

[[Page 57724]]

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 (Publ. 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 November 24, 2015. 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 27, 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--[AMENDED]

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)(5) to read as 
follows:


Sec.  52.1519  Identification of plan--conditional approval.

    (a) * * *
* * * * *
    (5) On November 15, 2012, the New Hampshire Department of 
Environmental Services (NHDES) submitted to a request to amend New 
Hampshire's Chapter Env-A 600 ``Statewide Permit System'' as a revision 
to New Hampshire's State Implementation Plan. The amendment included 
revisions to the state's Nonattainment New Source Review (NNSR) and the 
Prevention of Significant Deterioration (PSD) programs. On March 20, 
2015, New Hampshire submitted a letter to EPA committing to adopt 
revised regulations which address the provisions at 40 CFR 
51.165(a)(5)(i) and (a)(6) and (7) and 51.166(q)(2)(iv) required for 
EPA to fully approve New Hampshire's NNSR and PSD Programs.
* * * * *

0
3. In Sec.  52.1520, the table in paragraph (c) is amended by revising 
the entries for Env-A 100 ``Organizational Rules: Definitions'' and 
Env-A 600 ``Statewide Permit System'' to read as follows:


Sec.  52.1520  Identification of plan.

* * * * *
    (c) * * *

                                     EPA-Approved New Hampshire Regulations
----------------------------------------------------------------------------------------------------------------
                                                   State effective
        State citation            Title/subject         date        EPA approval date \1\       Explanations
----------------------------------------------------------------------------------------------------------------
Env-A 100.....................  Organizational    May 3, 2003.....  September 25, 2015     Adding definition of
                                 Rules:                              [Insert Federal        ``Minor permit
                                 Definitions.                        Register citation].    amendment'' and
                                                                                            ``State permit to
                                                                                            operate.''
 
                                                  * * * * * * *
Env-A 600.....................  Statewide Permit  September 1,      September 25, 2015     Approve revisions to
                                 System.           2012.             [Insert Federal        Env-A 618 ``NNSR'' &
                                                                     Register citation].    Env-A 619 ``PSD
                                                                                            Program'' and
                                                                                            withdrawal of Env-A
                                                                                            610 and 622 ``NNSR
                                                                                            Program,'' and Env-A
                                                                                            623 ``PSD 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.


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[FR Doc. 2015-23176 Filed 9-24-15; 8:45 am]
BILLING CODE 6560-50-P


