[Federal Register Volume 85, Number 150 (Tuesday, August 4, 2020)]
[Proposed Rules]
[Pages 47125-47134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16011]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2020-0178; EPA-R01-OAR-2017-0344; FRL-10012-69-Region 1]


 Air Plan Approval; New Hampshire; Infrastructure State 
Implementation Plan Requirements for the 2015 Ozone and 2012 PM2.5 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of New Hampshire. This revision addresses the infrastructure 
requirements of the Clean Air Act (CAA or Act) for the 2015 ozone 
National Ambient Air Quality Standards (NAAQS). This proposed action 
includes all elements of these infrastructure requirements except for 
the ``Good Neighbor'' or ``transport'' provisions, which will be 
addressed in a future action. We are also proposing to grant the state 
an exemption from the infrastructure SIP contingency plan obligation 
for ozone, and to conditionally approve several elements of New 
Hampshire's submittal relating to air-quality modeling requirements. In 
addition, we are proposing to correct errors in our previous approval 
of an infrastructure SIP submission from New Hampshire for the 2012 
PM2.5 NAAQS and to conditionally approve several elements of 
that submittal.
    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. This 
action is being taken under the Clean Air Act.

DATES: Written comments must be received on or before September 3, 
2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2020-0178 at https://www.regulations.gov, or via email to 
simcox.alison@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets. Publicly 
available docket materials are available at https://www.regulations.gov 
or at the U.S. Environmental Protection Agency, EPA Region 1 Regional 
Office, Air and Radiation Division, 5 Post Office Square--Suite 100, 
Boston, MA. EPA requests that if at all possible, you contact the 
contact listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
legal holidays and facility closures due to COVID-19.

FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Branch, 
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office 
Square--Suite 100, (Mail code 05-2), Boston, MA 02109--3912, tel. (617) 
918-1684, email simcox.alison@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose.
    A. What is the scope of this rulemaking?
    B. What guidance is EPA using to evaluate these SIP submissions?
II. EPA's Evaluation of New Hampshire's Infrastructure SIP for the 
2015 Ozone Standard.
    A. Section 110(a)(2)(A)--Emission Limits and Other Control 
Measures.
    B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data 
System.
    C. Section 110(a)(2)(C)--Program for Enforcement of Control 
Measures and for Construction or Modification of Stationary Sources.
    D. Section 110(a)(2)(D)--Interstate Transport.
    E. Section 110(a)(2)(E)--Adequate Resources.
    F. Section 110(a)(2)(F)--Stationary Source Monitoring System.
    G. Section 110(a)(2)(G)--Emergency Powers.
    H. Section 110(a)(2)(H)--Future SIP Revisions.
    I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan 
Revisions Under Part D.
    J. Section 110(a)(2)(J)--Consultation With Government Officials; 
Public Notifications; Prevention of Significant Deterioration; 
Visibility Protection.
    K. Section 110(a)(2)(K)--Air Quality Modeling/Data.
    L. Section 110(a)(2)(L)--Permitting Fees.
    M. Section 110(a)(2)(M)--Consultation/Participation by Affected 
Local Entities.
III. Proposed Action.
IV. Statutory and Executive Order Reviews.

I. Background and Purpose

    On October 1, 2015, EPA promulgated a revision to the ozone NAAQS 
(2015 ozone NAAQS), lowering the level of both the primary and 
secondary standards to 0.070 parts per million (ppm).\1\ Section 
110(a)(1) of the CAA requires states to submit, within 3 years after 
promulgation of a new or revised standard, SIPs meeting the applicable 
requirements of section 110(a)(2).\2\ On September 5, 2018, the New 
Hampshire Department of Environmental Services (NHDES) submitted a 
revision to its State Implementation Plan (SIP). The

[[Page 47126]]

SIP revision addresses the infrastructure requirements of CAA sections 
110(a)(1) and 110(a)(2) for the 2015 ozone NAAQS.
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    \1\ National Ambient Air Quality Standards for Ozone, Final 
Rule, 80 FR 65292 (October 26, 2015). Although the level of the 
standard is specified in the units of ppm, ozone concentrations are 
also described in parts per billion (ppb). For example, 0.070 ppm is 
equivalent to 70 ppb.
    \2\ SIP revisions that are intended to meet the applicable 
requirements of section 110(a)(1) and (2) of the CAA are often 
referred to as infrastructure SIPs, and the applicable elements 
under 110(a)(2) are referred to as infrastructure requirements.
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A. What is the scope of this rulemaking?

    EPA is acting on the New Hampshire SIP submission on the 
infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) for 
the 2015 ozone NAAQS, except the transport provisions, which will be 
addressed in a future action. We are also proposing to correct errors 
in our previous approval of an infrastructure SIP submission from New 
Hampshire for the 2012 PM2.5 NAAQS and to conditionally 
approve several elements of that submittal, as explained in our 
discussion of CAA section 110(a)(2)(K) below.
    Whenever EPA promulgates a new or revised NAAQS, CAA section 
110(a)(1) requires states to make SIP submissions to provide for the 
implementation, maintenance, and enforcement of the NAAQS. This 
particular type of SIP submission is commonly referred to as an 
``infrastructure SIP.'' These submissions must meet the various 
requirements of CAA section 110(a)(2), as applicable. Due to ambiguity 
in some of the language of CAA section 110(a)(2), EPA believes that it 
is appropriate to interpret these provisions in the specific context of 
acting on infrastructure SIP submissions. EPA has previously provided 
comprehensive guidance on the application of these provisions through a 
guidance document for infrastructure SIP submissions and through 
regional actions on infrastructure submissions.\3\ Unless otherwise 
noted below, we are following that existing approach in acting on this 
submission. In addition, in the context of acting on such 
infrastructure submissions, EPA evaluates the submitting state's SIP 
for compliance with statutory and regulatory requirements, not for the 
state's implementation of its SIP.\4\ EPA has other authority to 
address any issues concerning a state's implementation of the rules, 
regulations, consent orders, etc. that comprise its SIP.
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    \3\ EPA explains and elaborates on these ambiguities and its 
approach to address them in its September 13, 2013, Infrastructure 
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior 
action on New Hampshire's infrastructure SIP to address the 2008 
Ozone NAAQS. See 80 FR 42446 (July 17, 2015).
    \4\ See Montana Envtl. Info. Ctr. v. Thomas, 902 F.3d 971 (9th 
Cir. 2018).
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B. What guidance is EPA using to evaluate New Hampshire's 
infrastructure SIP submission?

    EPA highlighted the statutory requirement to submit infrastructure 
SIPs within 3 years of promulgation of a new NAAQS in an October 2, 
2007, guidance document entitled ``Guidance on SIP Elements Required 
Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and 
PM2.5 National Ambient Air Quality Standards'' (2007 
memorandum). EPA has issued additional guidance documents and 
memoranda, including a September 13, 2013, guidance document entitled 
``Guidance on Infrastructure State Implementation Plan (SIP) Elements 
under Clean Air Act Sections 110(a)(1) and 110(a)(2)'' (2013 
memorandum).

II. EPA's Evaluation of New Hampshire's Infrastructure SIP for the 2015 
Ozone Standard

    In New Hampshire's submission, a detailed list of New Hampshire 
Laws and previously SIP-approved Air Quality Regulations show precisely 
how the various components of its EPA-approved SIP meet each of the 
requirements of section 110(a)(2) of the CAA for the 2015 ozone NAAQS. 
The following review evaluates the state's submission in light of 
section 110(a)(2) requirements and relevant EPA guidance. For the 
state's September 5, 2018, infrastructure SIP submission, we provide an 
evaluation of the applicable Section 110(a)(2) elements, excluding the 
transport provisions.

A. Section 110(a)(2)(A)--Emission Limits and Other Control Measures

    This section (also referred to in this action as an element) of the 
Act requires SIPs to include enforceable emission limits and other 
control measures, means or techniques, schedules for compliance, and 
other related matters. However, EPA has long interpreted emission 
limits and control measures for attaining the standards as being due 
when nonattainment planning requirements are due.\5\ In the context of 
an infrastructure SIP, EPA is not evaluating the existing SIP 
provisions for this purpose. Instead, EPA is only evaluating whether 
the state's SIP has basic structural provisions for the implementation 
of the NAAQS.
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    \5\ See, for example, EPA's final rule on ``National Ambient Air 
Quality Standards for Lead,'' 73 FR 66964, 67034 (November 12, 
2008).
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    In its September 2018 submittal for the 2015 ozone NAAQS, New 
Hampshire cites a number of state laws and regulations in satisfaction 
of element A. The infrastructure SIP cites New Hampshire's Revised 
Statutes Annotated (RSA) at Chapter 21-O, which established the NHDES, 
and RSA Chapter 125-C, which gives the Commissioner of NHDES the 
authority to develop rules and regulations necessary to meet state and 
federal ambient air quality standards.
    In satisfaction of element A, NHDES also cites 10 state regulations 
that it has adopted to control emissions related to ozone and the ozone 
precursors, nitrogen oxides (NOX) and volatile organic 
compounds (VOCs). Some of these, with their EPA approval citation,\6\ 
are listed here: Chapter Env-A 1200 ``Volatile Organic Compounds (VOCs) 
Reasonably Available Control Technology (RACT)'' (81 FR 53926; August 
15, 2016); Chapter Env-A 1300 ``Nitrogen Oxides (NOX) RACT'' 
(79 FR 49458; August, 21, 2014); Chapter Env-A 2300 ``Mitigation of 
Regional Haze'' (81 FR 70360; October 12, 2016); and Chapter Env-A 3200 
``NOX Budget Trading Program'' (65 FR 68078; November 14, 
2000).
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    \6\ The citations reference the most recent EPA approval of the 
stated rule or of revisions to the rule.
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    EPA proposes that New Hampshire meets the infrastructure 
requirements of section 110(a)(2)(A) for the 2015 ozone NAAQS.

B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data System

    This section requires SIPs to provide for establishment and 
operation of appropriate devices, methods, systems, and procedures 
necessary to monitor, compile, and analyze ambient air quality data, 
and to make these data available to EPA upon request. Each year, states 
submit annual air monitoring network plans to EPA for review and 
approval. EPA's review of these annual monitoring plans includes our 
evaluation of whether the state: (i) Monitors air quality at 
appropriate locations throughout the state using EPA-approved Federal 
Reference Methods or Federal Equivalent Method monitors; (ii) submits 
data to EPA's Air Quality System (AQS) in a timely manner; and (iii) 
provides EPA Regional Offices with prior notification of any planned 
changes to monitoring sites or the network plan.
    NHDES continues to operate a monitoring network, and EPA approved 
the state's 2019/2020 Annual Network Review and Plan on August 15, 
2019.\7\ Furthermore, NHDES populates EPA's Air Quality System (AQS) 
with air quality monitoring data in a timely manner, and provides EPA 
with prior

[[Page 47127]]

notification when considering a change to its monitoring network or 
plan.
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    \7\ EPA's approval letter is included in the docket for this 
action.
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    Under element B of its September 5, 2018, infrastructure SIP 
submittal for the 2015 ozone NAAQS, NHDES cites RSA Chapter 125-C:6 
III, IV and XVI, which grants the Commissioner ``the power and duty to 
conduct studies related to air quality, to disseminate the results, and 
to assure the reliability and accuracy of monitoring equipment to meet 
federal EPA standards.'' EPA proposes that New Hampshire has met the 
infrastructure SIP requirements of section 110(a)(2)(B) with respect to 
the 2015 ozone NAAQS.

C. Section 110(a)(2)(C)--Program for Enforcement of Control Measures 
and for Construction or Modification of Stationary Sources

    States are required to include a program providing for enforcement 
of all SIP measures and for the regulation of construction of new or 
modified stationary sources to meet new source review (NSR) 
requirements under prevention of significant deterioration (PSD) and 
nonattainment new source review (NNSR) programs. Part C of the CAA 
(sections 160-169B) addresses PSD, while part D of the CAA (sections 
171-193) addresses NNSR requirements.
    The evaluation of each state's submission addressing the 
infrastructure SIP requirements of section 110(a)(2)(C) covers the 
following: (i) Enforcement of SIP measures; (ii) PSD program for major 
sources and major modifications; and (iii) a permit program for minor 
sources and minor modifications.
Sub-Element 1: Enforcement of SIP Measures
    NHDES staffs and implements an enforcement program pursuant to RSA 
Chapter 125-C, Air Pollution Control, of the New Hampshire Statutes. 
Specifically, RSA Chapter 125-C:15, Enforcement, authorizes the 
Commissioner of the NHDES or the authorized representative of the 
Commissioner, upon finding a violation of Chapter 125-C has occurred, 
to issue a notice of violation or an order of abatement, and to include 
within it a schedule for compliance. Additionally, RSA 125-C:15 I-b, 
II, III, and IV provide for penalties for violations of Chapter 125-C.
    EPA proposes that New Hampshire has met the enforcement of SIP 
measures requirements of section 110(a)(2)(C) with respect to the 2015 
ozone NAAQS.
Sub-Element 2: PSD Program for Major Sources and Major Modifications
    Prevention of significant deterioration (PSD) applies to new major 
sources or modifications made to major sources for pollutants where the 
area in which the source is located is in attainment of, or 
unclassifiable with regard to, the relevant NAAQS. EPA interprets the 
CAA as requiring each state to make an infrastructure SIP submission 
for a new or revised NAAQS demonstrating that the air agency has a 
complete PSD permitting program in place satisfying the current 
requirements for all regulated NSR pollutants. New Hampshire's EPA-
approved PSD rules, contained at Part Env-A 619, contain provisions 
that address applicable requirements for all regulated NSR pollutants, 
including greenhouse gases (GHGs).
    New Hampshire implements the PSD program by, for the most part, 
incorporating by reference the federal PSD program at 40 CFR 52.21, as 
it existed on a specific date. The state periodically updates the PSD 
program by revising the date of incorporation by reference and 
submitting the change as a SIP revision. As a result, the SIP revisions 
generally reflect changes to PSD requirements that the EPA has 
promulgated prior to the revised date of incorporation by reference. To 
address the 2008 NSR Rule and the 2010 NSR Rule, New Hampshire 
submitted revisions to its PSD regulations on November 15, 2012, that 
incorporated by reference the federal PSD program codified in the July 
1, 2011, edition of 40 CFR 52.21. On September 25, 2015, EPA approved 
these revisions into the SIP as incorporating the necessary changes 
obligated by the 2008 NSR Rule and the 2010 NSR Rule. See 80 FR 57722. 
On May 25, 2017, EPA approved additional updates to NHDES's PSD 
program. See 82 FR 24057.
    New Hampshire's revisions submitted on November 15, 2012, also 
satisfy the requirements of EPA's ``Final Rule to Implement the 8-Hour 
Ozone National Ambient Air Quality Standard--Phase 2; Final Rule to 
Implement Certain Aspects of the 1990 Amendments Relating to New Source 
Review and Prevention of Significant Deterioration as They Apply in 
Carbon Monoxide, Particulate Matter, and Ozone NAAQS; Final Rule for 
Reformulated Gasoline'' (Phase 2 Rule) published on November 29, 2005. 
See 70 FR 71612. Among other requirements, the Phase 2 Rule obligated 
states to revise their PSD programs to explicitly identify 
NOX as a precursor to ozone. See id. at 71699-700. The 
required revisions to the federal PSD program are codified in 40 CFR 
51.166(b) and (i) and in 40 CFR 52.21(b) and (i). By incorporating the 
Federal provisions at 40 CFR 52.21(b) and (i) as of July 1, 2011, the 
New Hampshire's November 15, 2012, submittal also included the 
revisions made to the PSD program by the Phase 2 Rule in 2005 regarding 
NOX as a precursor to ozone. See Part Env-A 619.03(a). Thus, 
New Hampshire's PSD program is consistent with the requirements of the 
Phase 2 Rule.
    EPA proposes that New Hampshire has a comprehensive PSD permitting 
program in place satisfying the PSD sub-element of 110(a)(2)(C), with 
one exception. EPA's PSD regulations at 40 CFR 51.166(l) require a 
State's SIP to ``provide for procedures which specify that [a]ll 
applications of air quality modeling . . . shall be based on the 
applicable models, data bases, and other requirements specified in'' 
EPA's Guideline on Air Quality Models in appendix W of 40 CFR part 51, 
which was most recently revised on January 17, 2017. 82 FR 5182; see 
also 82 FR 14324 (Mar. 20, 2017). As explained in our evaluation of 
section 110(a)(2)(K) requirements later in this notice, New Hampshire's 
SIP currently references an earlier version of appendix W that has 
since been superseded by the January 17, 2017, revisions. See Part Env-
A 619.03(a), PSD Program Requirements. Therefore, New Hampshire's SIP 
must be updated to refer to an edition of EPA's regulations that 
incorporates the January 17, 2017, revisions to appendix W.
    As noted under section 110(a)(2)(K), NHDES committed in a letter 
dated June 3, 2020, to pursuing revisions to Part Env-A 619.03 to 
update the reference to 40 CFR 52.21 so as to incorporate EPA's current 
``Guideline on Air Quality Models'' in appendix W to 40 CFR part 51, 
and to submitting these revisions to EPA within one year of our final 
approval of today's proposed action. Because the EPA Administrator's 
approved modeling requirements are found in appendix W, this revision 
would satisfy the section 51.166(l) requirement that the SIP provide 
for procedures that specify that all applications of modeling be based 
on the requirements in appendix W. Consequently, we are proposing to 
conditionally approve New Hampshire's submittal for the PSD sub-element 
of section 110(a)(2)(C) for the 2015 ozone NAAQS.
    We are also proposing to correct our December 4, 2018, final action 
on New Hampshire's infrastructure SIP for the 2012 PM2.5 
NAAQS, which was submitted to EPA on December 22,

[[Page 47128]]

2015. See 83 FR 62464. That correction entails replacing our previous 
full approval for this PSD sub-element with a conditional approval 
based on the state's commitment to submit in a timely manner the 
necessary revisions to New Hampshire Part Env-A 619.03 needed to fully 
approve this infrastructure sub-element. This correction is explained 
in more detail in the discussion of section 110(a)(2)(K) below.
Sub-Element 3: Preconstruction Permitting for Minor Sources and Minor 
Modifications
    To address the pre-construction regulation of the modification and 
construction of minor stationary sources and minor modifications of 
major stationary sources, an infrastructure SIP submission should 
identify the existing EPA-approved SIP provisions and/or include new 
provisions that govern the minor source pre-construction program that 
regulate emissions of the relevant NAAQS pollutants.
    EPA approved New Hampshire's minor NSR program on September 22, 
1980 (45 FR 62814), and approved updates to the program on August 14, 
1992 (57 FR 36606). New Hampshire and EPA have relied on the existing 
minor NSR program to ensure that new and modified sources not captured 
by the major NSR permitting programs do not interfere with attainment 
and maintenance of the 2008 or 2015 ozone NAAQS.
    We are proposing to find that New Hampshire has met the requirement 
to have a SIP-approved minor new source review permit program as 
required under Section 110(a)(2)(C) for the 2015 ozone NAAQS.

D. Section 110(a)(2)(D)--Interstate Transport

    One of the structural requirements of section 110(a)(2) is section 
110(a)(2)(D)(i), also known as the ``good neighbor'' provision, which 
generally requires SIPs to contain adequate provisions to prohibit in-
state emissions activities from having certain adverse air quality 
effects on neighboring states due to interstate transport of air 
pollution.
    In particular, section 110(a)(2)(D)(i)(I) requires SIPs to include 
provisions prohibiting any source or other type of emissions activity 
in one state from emitting any air pollutant in amounts that will 
contribute significantly to nonattainment, or interfere with 
maintenance, of the NAAQS in another state. EPA commonly refers to 
these requirements as Prong 1 (significant contribution to 
nonattainment) and Prong 2 (interference with maintenance). A state's 
SIP submission for Prongs 1 and 2 is also referred to as a state's 
``Transport SIP.'' In today's action, EPA is not evaluating New 
Hampshire's Transport SIP (i.e., Prongs 1 and 2; combined as (D)1 in 
Table 1 below). EPA will address New Hampshire's Transport SIP for the 
2015 ozone NAAQS in a future action.
    Today's action, however, does address Section 110(a)(2)(D)(i)(II), 
which require SIPs to contain adequate provisions to prohibit emissions 
that will interfere with measures required to be included in the 
applicable implementation plan for any other state under part C of the 
Act to prevent significant deterioration of air quality and to protect 
visibility. EPA commonly refers to these requirements as Prong 3 
(Prevention of Significant Deterioration) and Prong 4 (Visibility 
Protection). Today's action also addresses Section 110(a)(2)(D)(ii) of 
the Act, which requires SIPs to contain provisions to ensure compliance 
with sections 126 and 115 of the Act relating to interstate and 
international pollution abatement, respectively.

Section 110(a)(2)(D)(i)(II)--PSD (Prong 3)

    To prevent significant deterioration of air quality, this sub-
element requires SIPs to include provisions that prohibit any source or 
other type of emissions activity in one state from interfering with 
measures that are required in any other state's SIP under Part C of the 
CAA. As explained in the 2013 memorandum,\8\ a state may meet this 
requirement with respect to in-state sources and pollutants that are 
subject to PSD permitting through a comprehensive PSD permitting 
program that applies to all regulated NSR pollutants and that satisfies 
the requirements of EPA's PSD implementation rules. EPA discussed New 
Hampshire's PSD permitting program above under Section 110(a)(2)(C).
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    \8\ Included in the docket for today's action.
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    For in-state sources not subject to PSD, this requirement can be 
satisfied through a fully approved nonattainment new source review 
(NNSR) program with respect to any previous NAAQS. EPA approved New 
Hampshire's NNSR regulations on July 27, 2001, and updates to these 
regulations on May 25, 2017. See 66 FR 39104 and 82 FR 24057, 
respectively. These NNSR regulations contain provisions for how the 
state must treat and control sources in nonattainment areas, consistent 
with 40 CFR 51.165, or appendix S to 40 CFR part 51.
    As discussed above under Section 110(a)(2)(C), New Hampshire's PSD 
program fully satisfies the requirements of EPA's PSD implementation 
rules, with one exception related to air quality models. However, as 
also noted under Section 110(a)(2)(C), New Hampshire has committed to 
pursuing revisions to Part Env-A 619.03, PSD Program Requirements, to 
update the reference to 40 CFR 52.21 so as to incorporate EPA's current 
``Guideline on Air Quality Models'' in appendix W to 40 CFR part 51, 
and to submitting these revisions to EPA within one year of our final 
approval of today's proposed action. Therefore, EPA proposes to 
conditionally approve New Hampshire's submittal for the PSD 
requirements of 110(a)(2)(D)(i)(II) for the 2015 ozone NAAQS.
    We are also proposing to correct our December 4, 2018, final action 
on New Hampshire's infrastructure SIP for the 2012 PM2.5 
NAAQS, which was submitted to EPA on December 22, 2015. See 83 FR 
62464. That correction entails replacing our previous full approval for 
this PSD sub-element of 110(a)(2)(D)(i)(II) with a conditional approval 
based on the state's commitment to submit in a timely manner the 
necessary revisions to New Hampshire Part Env-A 619.03 needed to fully 
approve this infrastructure sub-element. This correction is explained 
in more detail in the discussion of section 110(a)(2)(K) below.
Section 110(a)(2)(D)(i)(II)--Visibility Protection (Prong 4)
    With regard to applicable requirements for visibility protection of 
section 110(a)(2)(D)(i)(II), states are subject to visibility and 
regional haze program requirements under part C of the CAA (which 
includes sections 169A and 169B). The 2009 memorandum, 2011 memorandum, 
and 2013 memorandum recommend that these requirements can be satisfied 
by an approved SIP addressing reasonably attributable visibility 
impairment, if required, or an approved SIP addressing regional 
haze.\9\
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    \9\ All referenced memoranda are included in the docket for 
today's action.
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    A fully approved regional haze SIP meeting the requirements of 40 
CFR 51.308 will include all measures needed to achieve the state's 
apportionment of emission reduction obligations agreed upon through a 
regional planning process and will therefore ensure that emissions from 
sources under the air agency's jurisdiction are not interfering with 
measures required to be included

[[Page 47129]]

in other air agencies' plans to protect visibility.
    New Hampshire's Regional Haze SIP was approved by EPA on August 22, 
2012. See 77 FR 50602. Accordingly, EPA proposes that New Hampshire 
meets the visibility protection requirements of 110(a)(2)(D)(i)(II) for 
the 2015 ozone NAAQS.
Section 110(a)(2)(D)(ii)--Interstate Pollution Abatement
    This sub-element requires that each SIP contain provisions 
requiring compliance with requirements of CAA section 126 relating to 
interstate pollution abatement. Section 126(a) requires new or modified 
sources to notify neighboring states of potential impacts from the 
source. The statute does not specify the method by which the source 
should provide the notification. States with SIP-approved PSD programs 
must have a provision requiring such notification by new or modified 
sources.
    On May 25, 2017, EPA approved into the New Hampshire SIP revisions 
to the state's PSD program that require the NHDES to provide notice of 
a draft PSD permit to, among other entities, any state whose lands may 
be affected by emissions from the source. See Parts Env-A 621.03, 
.04(e)(3); 82 FR 24057 at 24060; see also Part Env-A 619.07(d). These 
public notice requirements are consistent with the Federal SIP-approved 
PSD program's public notice requirements for affected states under 40 
CFR 51.166(q). Therefore, we propose to approve New Hampshire's 
compliance with the infrastructure SIP requirements of CAA section 
126(a) for the 2015 ozone NAAQS. New Hampshire has no obligations under 
any other provision of CAA section 126, and no source or sources within 
the state are the subject of an active finding under section 126 with 
respect to the 2015 ozone NAAQS.
Section 110(a)(2)(D)(ii)--International Pollution Abatement
    This sub-element also requires each SIP to contain provisions 
requiring compliance with the applicable requirements of CAA section 
115 relating to international pollution abatement. Section 115 
authorizes the Administrator to require a state to revise its SIP to 
alleviate international transport into another country where the 
Administrator has made a finding with respect to emissions of a NAAQS 
pollutant and its precursors, if applicable. There are no final 
findings under section 115 against New Hampshire with respect to the 
2015 ozone NAAQS. Therefore, EPA is proposing that New Hampshire has 
met the applicable infrastructure SIP requirements of section 
110(a)(2)(D)(ii) related to CAA section 115 for the 2015 ozone NAAQS.

E. Section 110(a)(2)(E)--Adequate Resources

    Section 110(a)(2)(E)(i) requires each SIP to provide assurances 
that the state will have adequate personnel, funding, and legal 
authority under state law to carry out its SIP. In addition, section 
110(a)(2)(E)(ii) requires each state to comply with the requirements 
for state boards in CAA section 128. Finally, section 110(a)(2)(E)(iii) 
requires that, where a state relies upon local or regional governments 
or agencies for the implementation of its SIP provisions, the state 
retain responsibility for ensuring implementation of SIP obligations 
with respect to relevant NAAQS. Section 110(a)(2)(E)(iii), however, 
does not apply to this action because New Hampshire does not rely upon 
local or regional governments or agencies for the implementation of its 
SIP provisions.
Sub-Element 1: Adequate Personnel, Funding, and Legal Authority Under 
State Law To Carry Out Its SIP, and Related Issues
    New Hampshire, through its infrastructure SIP submittal, has 
documented that its air agency has authority and resources to carry out 
its SIP obligations. New Hampshire RSA 125-C:6, ``Powers and Duties of 
the Commissioner,'' authorizes the Commissioner of the NHDES to enforce 
the state's air laws, establish a permit program, accept and administer 
grants, and exercise incidental powers necessary to carry out the law. 
Additionally, RSA-125-C:12, ``Administrative Requirements,'' authorizes 
the Commissioner to collect fees to recover the costs of reviewing and 
acting upon permit applications and enforcing the terms of permits 
issued. The New Hampshire SIP, as originally submitted on January 27, 
1972, and subsequently amended, provides additional descriptions of the 
organizations, staffing, funding and physical resources necessary to 
carry out the plan.
    EPA proposes that New Hampshire meets the infrastructure SIP 
requirements of this portion of section 110(a)(2)(E) for the 2015 ozone 
NAAQS.
Sub-Element 2: State Board Requirements Under Section 128 of the CAA
    Section 110(a)(2)(E)(ii) requires each SIP to contain provisions 
that comply with the state board requirements of section 128 of the 
CAA. That provision contains two explicit requirements: (1) That any 
board or body which approves permits or enforcement orders under this 
chapter shall have at least a majority of members who represent the 
public interest and do not derive any significant portion of their 
income from persons subject to permits and enforcement orders under 
this chapter, and (2) that any potential conflicts of interest by 
members of such board or body or the head of an executive agency with 
similar powers be adequately disclosed. Section 128 further provides 
that a state may adopt more stringent conflicts of interest 
requirements and requires EPA to approve any such requirements 
submitted as part of a SIP.
    New Hampshire RSA 21-O:11, ``Air Resources Council,'' established 
the New Hampshire Air Resources Council, a state board that hears all 
administrative appeals from department enforcement and permitting 
decisions. The Council consists of 11 members, 6 of whom ``shall 
represent the public interest.'' RSA 21-O:11, I. Those representing the 
public interest ``may not derive any significant portion of their 
income from persons subject to permits or enforcement orders, and may 
not serve as attorney for, act as consultant for, serve as officer or 
director of, or hold any other official or contractual relationship 
with any person subject to permits or enforcement orders.'' Id. The 
statute further provides that ``[a]ll potential conflicts of interest 
shall be adequately disclosed.'' Id. On December 16, 2015, EPA approved 
RSA 21-O:11 for incorporation into the New Hampshire SIP as satisfying 
the requirements of section 128. See 80 FR 78135. Additional details 
are provided in our July 17, 2015 proposal notification. See 80 FR 
42446.
    EPA proposes that New Hampshire meets the infrastructure SIP 
requirements of this portion of section 110(a)(2)(E) for the 2015 ozone 
NAAQS.

F. Section 110(a)(2)(F)--Stationary Source Monitoring System

    States must establish a system to monitor emissions from stationary 
sources and submit periodic emissions reports. Each plan shall also 
require the installation, maintenance, and replacement of equipment, 
and the implementation of other necessary steps, by owners or operators 
of stationary sources to monitor emissions from such sources. The state 
plan shall also require periodic reports on the nature and amounts of 
emissions and emissions-related data from such

[[Page 47130]]

sources, and correlation of such reports by each state agency with any 
emission limitations or standards established pursuant to this chapter. 
Lastly, the reports shall be available at reasonable times for public 
inspection.
    New Hampshire Statute Title X, Chapter 125-C:6, ``Powers and Duties 
of the Commissioner,'' authorizes the Commissioner of NHDES to require 
the installation, maintenance, and use of emissions monitoring devices 
and to require periodic reporting to the Commissioner of the nature and 
extent of the emissions. This authority also enables the Commissioner 
to correlate this information to any applicable emissions standard and 
to make such information available to the public.
    NHDES implements Chapter Env-A 800, ``Testing and Monitoring 
Procedures,'' and Chapter Env-A 900, ``Owner or Operator Recordkeeping 
and Reporting Obligations,'' as the primary means of fulfilling these 
obligations. New Hampshire's Chapters Env-A 800 and 900 have been 
approved into the SIP (See 77 FR 66388; November 5, 2012). 
Additionally, under RSA 125-C:6, VII, and Part Env-A 103.04, emissions 
data are not considered confidential information. EPA recognizes that 
New Hampshire routinely collects information on air emissions from its 
industrial sources and makes this information available to the public. 
New Hampshire states in its submittal that it does not have any 
provisions that would prevent the use of valid emissions data.
    Therefore, EPA proposes that New Hampshire meets the infrastructure 
SIP requirements of section 110(a)(2)(F) for the 2015 ozone NAAQS.

G. Section 110(a)(2)(G)--Emergency Powers

    This section requires that a plan provide for state authority 
analogous to that provided to the EPA Administrator in section 303 of 
the CAA, and adequate contingency plans to implement such authority. 
Section 303 of the CAA provides authority to the EPA Administrator to 
seek a court order to restrain any source from causing or contributing 
to emissions that present an ``imminent and substantial endangerment to 
public health or welfare, or the environment.'' Section 303 further 
authorizes the Administrator to issue ``such orders as may be necessary 
to protect public health or welfare or the environment'' in the event 
that ``it is not practicable to assure prompt protection . . . by 
commencement of such civil action.''
    We propose to find that New Hampshire's submittal and certain state 
statutes provide for authority comparable to that in section 303. New 
Hampshire's submittal specifies that RSA 125-C:9, ``Authority of the 
Commissioner in Cases of Emergency,'' authorizes the Commissioner of 
NHDES, with the consent of the Governor and Air Resources Council, to 
issue an order requiring actions to be taken as the Commissioner deems 
necessary to address an air pollution emergency. Such orders are 
effective immediately upon issuance. Id. We note also that RSA 125-
C:15, I, provides that, ``[u]pon a finding by the commissioner that 
there is an imminent and substantial endangerment to the public health 
or welfare or the environment, the commissioner shall issue an order of 
abatement requiring immediate compliance and said order shall be final 
and enforceable upon issuance, but may be appealed to the council 
within 30 days of its issuance, and the council may, after hearing, 
uphold, modify, or abrogate said order.'' With regard to the authority 
to bring suit, RSA 125-C:15, II, further provides that violation of 
such an order ``shall be subject to enforcement by injunction, 
including mandatory injunction, issued by the superior court upon 
application of the attorney general.''
    Section 110(a)(2)(G) also requires that New Hampshire have an 
approved contingency plan for any Air Quality Control Region (AQCR) 
within the state that is classified as Priority I, IA, or II for 
certain pollutants. See 40 CFR 51.150, 51.152(c). Contingency plans for 
Priority I, IA, and II areas must meet the applicable requirements of 
40 CFR part 51, subpart H (40 CFR 51.150 through 51.153) (``Prevention 
of Air Pollution Emergency Episodes'') for the relevant NAAQS, if the 
NAAQS is covered by those regulations. A contingency plan is not 
required if the entire state is classified as Priority III for a 
particular pollutant. See 40 CFR part 51 subpart H.
    Classifications for all pollutants for AQCRs in New Hampshire can 
be found at 40 CFR 52.1521.\10\ For ozone, New Hampshire has two AQCRs 
(Androscoggin Valley Interstate and Central New Hampshire Intrastate) 
that are classified as Priority III, and one AQCR (Merrimack Valley--
Southern New Hampshire Interstate) that is classified as Priority I.
---------------------------------------------------------------------------

    \10\ Classification of regions in New Hampshire is available at 
https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=5c6639933ef9479b11c7179568ef4b05&mc=true&r=PART&n=pt40.4.52#se40.4.52_11521 and ozone monitor values for individual 
monitoring sites throughout New Hampshire are available at 
www.epa.gov/outdoor-air-quality-data/monitor-values-report.
---------------------------------------------------------------------------

    Although a Priority I classification triggers the contingency plan 
obligation requirement of 40 CFR 51.151, New Hampshire previously 
requested, pursuant to 40 CFR 51.152(d)(1), an exemption from the 
contingency plan obligation for the 2008 ozone standard for the 
Priority I Merrimack Valley--Southern New Hampshire Interstate AQCR 
because the state is designated as unclassifiable/attainment for that 
standard. EPA granted this request on December 16, 2015. See 80 FR 
78135. In its September 5, 2018, infrastructure SIP submission, New 
Hampshire requested an exemption from the contingency plan obligation 
for this AQCR for the 2015 ozone standard because it is also classified 
as unclassifiable/attainment for this standard. Therefore, we are 
proposing to grant this request for an exemption. New Hampshire also 
provided data from eight monitoring sites within this AQCR for the 
years 2013 to 2017, which indicate that ozone levels during this 
timeframe are well below the significant harm level for ozone of 0.6 
parts per million (ppm) on a 2-hour average. See 40 CFR 51.151. In 
addition, since 2017, all monitors in the state have continued to 
remain well below the significant harm level for ozone.\11\ These data 
are also below the 0.1 ppm 1-hour maximum established by regulation for 
classifying an area as Priority I. See id. 51.150.
---------------------------------------------------------------------------

    \11\ New Hampshire's 24-hour and annual ozone monitor values for 
individual monitoring sites are available at https://www.epa.gov/outdoor-air-quality-data/monitor-values-report.
---------------------------------------------------------------------------

    Furthermore, New Hampshire has broad statutory authority (see RSA 
125- C:9, Authority of the Commissioner in Cases of Emergency) to 
address activities causing imminent and substantial endangerment to 
public health. However, New Hampshire does not have regulations that 
specifically address all the 40 CFR part 51 subpart H requirements. New 
Hampshire does, however, as a matter of practice, post on the internet 
daily forecasted ozone levels through the EPA AIRNOW and EPA 
ENVIROFLASH systems. Information regarding these two systems is 
available on EPA's website at www.airnow.gov. Notices are sent out to 
ENVIROFLASH participants when levels are forecast to exceed the current 
8-hour ozone standard. In addition, when levels are expected to exceed 
the ozone standard in New Hampshire, the media are alerted via a press 
release, and the National Weather Service (NWS) is alerted to issue an 
Air Quality Advisory through the normal NWS weather alert system. These 
actions are similar to the notification and

[[Page 47131]]

communication requirements of 40 CFR 51.152.
    EPA proposes that New Hampshire meets the applicable infrastructure 
SIP requirements for section 110(a)(2)(G), including contingency-plan 
requirements, for the 2015 ozone NAAQS.

H. Section 110(a)(2)(H)--Future SIP Revisions

    This section requires that a state's SIP provide for revision from 
time to time as may be necessary to take account of changes in the 
NAAQS or availability of improved methods for attaining the NAAQS and 
whenever EPA finds that the SIP is substantially inadequate.
    New Hampshire's infrastructure submittal references New Hampshire 
RSA 125-C:6, ``Powers and Duties of the Commissioner,'' which provides 
that the Commissioner of NHDES may develop a comprehensive program and 
provide services for the study, prevention, and abatement of air 
pollution. Additionally, Chapter Env-A 200, ``Procedural Rules,'' which 
was approved into the New Hampshire SIP on October 28, 2002 (67 FR 
65710), provides for public hearings for SIP revision requests prior to 
their submittal to EPA. Therefore, EPA proposes that New Hampshire 
meets the infrastructure SIP requirements of CAA section 110(a)(2)(H) 
with respect to the 2015 ozone NAAQS.

I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions 
Under Part D

    Section 110(a)(2)(I) provides that each plan or plan revision for 
an area designated as a nonattainment area shall meet the applicable 
requirements of part D of the CAA. EPA interprets section 110(a)(2)(I) 
to be inapplicable to the infrastructure SIP process because specific 
SIP submissions for designated nonattainment areas, as required under 
part D, are subject to a different submission schedule under subparts 2 
through 5 of part D, extending as far as 10 years following area 
designations for some elements, whereas infrastructure SIP submissions 
are due within three years after adoption or revision of a NAAQS. 
Accordingly, EPA takes action on part D attainment plans through 
separate processes.

J. Section 110(a)(2)(J)--Consultation With Government Officials; Public 
Notifications; Prevention of Significant Deterioration; Visibility 
Protection

    Section 110(a)(2)(J) of the CAA requires that each SIP ``meet the 
applicable requirements of section 121 of this title (relating to 
consultation), section 127 of this title (relating to public 
notification), and part C of this subchapter (relating to PSD of air 
quality and visibility protection).'' The evaluation of the submission 
from New Hampshire with respect to these requirements is described 
below.

Sub-Element 1: Consultation With Government Officials

    Pursuant to CAA section 121, a state must provide a satisfactory 
process for consultation with local governments and Federal Land 
Managers (FLMs) in carrying out its NAAQS implementation requirements.
    New Hampshire RSA 125-C:6, ``Powers and Duties of the 
Commissioner,'' authorizes the Commissioner of NHDES to advise, 
consult, and cooperate with the cities, towns, and other agencies of 
the state and federal government, interstate agencies, and other groups 
or agencies in matters relating to air quality. In addition, RSA 125-
C:6 enables the Commissioner to coordinate and regulate the air 
pollution control programs of political subdivisions to plan and 
implement programs for the control and abatement of air pollution. 
Furthermore, New Hampshire regulations at Part Env-A 621 direct NHDES 
to notify town officials, regional planning agencies, and FLMs, among 
others, of the receipt of certain permit applications and the NHDES 
preliminary determination to issue, amend, or deny such permits. EPA 
proposes that New Hampshire meets the infrastructure SIP requirements 
of this portion of section 110(a)(2)(J) for the 2015 ozone NAAQS.
Sub-Element 2: Public Notification
    Pursuant to CAA section 127, states must notify the public if NAAQS 
are exceeded in an area, advise the public of health hazards associated 
with exceedances, and enhance public awareness of measures that can be 
taken to prevent exceedances and of ways in which the public can 
participate in regulatory and other efforts to improve air quality.
    As part of the fulfillment of RSA 125-C:6, New Hampshire issues 
press releases and posts warnings on its website advising people what 
they can do to help prevent NAAQS exceedances and avoid adverse health 
effects on poor air quality days. In addition, the NHDES website 
includes near real-time air quality data, and a record of historical 
data. Air quality forecasts are distributed daily via email to 
interested parties. Air quality alerts are sent by email to a large 
number of affected parties, including the media. Alerts include 
information about the health implications of elevated pollutant levels 
and list actions to reduce emissions and to reduce the public's 
exposure. Also, Air Quality Data Summaries of the year's air quality 
monitoring results are issued annually and posted on the NHDES website. 
New Hampshire is also an active partner in EPA's AirNow and EnviroFlash 
air quality alert programs.
    EPA proposes that New Hampshire meets the infrastructure SIP 
requirements of this portion of section 110(a)(2)(J) for the 2015 ozone 
NAAQS.
Sub-Element 3: PSD
    EPA has already discussed New Hampshire's PSD program in the 
context of infrastructure SIPs in the paragraphs addressing section 
110(a)(2)(C) and 110(a)(2)(D)(i)(II) and determined that it satisfies 
the requirements of EPA's PSD implementation rules, with the exception 
of the air quality modeling provision. Therefore, the SIP also 
satisfies the PSD sub-element of section 110(a)(2)(J) for the 2015 
ozone NAAQS, except for the modeling requirement. For the same reasons 
discussed under Section 110(a)(2)(C) above, EPA proposes to 
conditionally approve the SIP for the PSD sub-element of section 
110(a)(2)(J) for the 2015 ozone NAAQS.
    We are also proposing to correct our December 4, 2018, final action 
on New Hampshire's infrastructure SIP for the 2012 PM2.5 
NAAQS, which was submitted to EPA on December 22, 2015. See 83 FR 
62464. That correction entails replacing our previous full approval for 
this PSD sub-element with a conditional approval based on the state's 
commitment to submit in a timely manner the necessary revisions to New 
Hampshire Part Env-A 619.03 needed to fully approve this infrastructure 
sub-element. This correction is explained in more detail in the 
discussion of section 110(a)(2)(K) below.
Sub-Element 4: Visibility Protection
    With regard to the applicable requirements for visibility 
protection, states are subject to visibility and regional haze program 
requirements under part C of the CAA (which includes sections 169A and 
169B). In the event of the establishment of a new NAAQS, however, the 
visibility and regional haze program requirements under part C do not 
change. Thus, as noted in EPA's 2013 memorandum, we find that there is 
no new visibility obligation ``triggered'' under section 110(a)(2)(J) 
when a new NAAQS becomes effective. In other words, the visibility 
protection requirements of section 110(a)(2)(J) are not germane to

[[Page 47132]]

infrastructure SIPs for the 2015 ozone NAAQS. Therefore, we are not 
proposing action on this sub-element.

K. Section 110(a)(2)(K)--Air Quality Modeling/Data

    Section 110(a)(2)(K) of the Act requires that a SIP provide for the 
performance of such air quality modeling as the EPA Administrator may 
prescribe for the purpose of predicting the effect on ambient air 
quality of any emissions of any air pollutant for which EPA has 
established a NAAQS, and the submission, upon request, of data related 
to such air quality modeling. EPA has published modeling guidelines at 
40 CFR part 51, appendix W, for predicting the effects of emissions of 
criteria pollutants on ambient air quality. EPA also recommends in the 
2013 memorandum that, to meet section 110(a)(2)(K), a state submit or 
reference the statutory or regulatory provisions that provide the air 
agency with the authority to conduct such air quality modeling and to 
provide such modeling data to EPA upon request.
    RSA 125-C:6 authorizes the Commissioner of the NHDES to review the 
potential impact of major sources through modeling. For major sources, 
NHDES sends modeling data to EPA along with the draft major permit. For 
non-major sources, Part Env-A 606, Air Pollution Dispersion Modeling 
Impact Analysis Requirements, specifies the air pollution dispersion 
modeling impact analysis requirements that apply to owners and 
operators of certain sources and devices in order to demonstrate 
compliance with the New Hampshire SIP, RSA 125-C, RSA 125-I, and any 
rules adopted thereunder. The state also collaborates with the Ozone 
Transport Commission (OTC) and the Mid-Atlantic Regional Air Management 
Association and EPA in order to perform large-scale urban air shed 
modeling for ozone and PM, if necessary.
    As noted in our discussion of section 110(a)(2)(C), the EPA 
Administrator's approved air quality models, databases, and other 
requirements are found in EPA's modeling guidelines at 40 CFR part 51, 
appendix W, which EPA revised on January 17, 2017. 82 FR 5182; see also 
82 FR 14324 (Mar. 20, 2017). New Hampshire's SIP, however, references 
an earlier version of appendix W. See Part Env-A 619.03(a). Therefore, 
New Hampshire's SIP must be updated to provide for the performance of 
modeling prescribed by EPA's January 17, 2017, revisions. In a letter 
dated June 3, 2020, NHDES committed to pursuing revisions to Part Env-A 
619.03, PSD Program Requirements, that would update the reference to 40 
CFR 52.21 in Part Env-A 619.03 so as to incorporate EPA's revisions to 
appendix W and to submitting these revisions to EPA within one year of 
our final approval of today's proposed action.\12\ With such revision 
of Env- 619.03, New Hampshire's SIP would provide for the performance 
of such air quality modeling as the EPA Administrator has prescribed, 
as required by section 110(a)(2)(K) of the Act.
---------------------------------------------------------------------------

    \12\ This letter is included in the docket for today's action.
---------------------------------------------------------------------------

    Because New Hampshire has committed to submit, but has not yet 
submitted, necessary revisions to Part Env-A 619.03 that would provide 
for the performance of such air quality modeling as the EPA 
Administrator has prescribed, EPA proposes to conditionally approve 
section 110(a)(2)(K) for the 2015 ozone NAAQS.
    For the same reason, we also propose to conditionally approve 
section 110(a)(2)(K) of New Hampshire's infrastructure SIP for the 2012 
PM2.5 NAAQS, which was submitted on December 22, 2015. EPA 
previously proposed, but never finalized, full approval of this 
submission for element K, on April 10, 2018. See 83 FR 15343; 83 FR 
62464. In today's action, EPA is rescinding its previous proposed full 
approval for section 110(a)(2)(K) for the 2012 PM2.5 NAAQS 
\13\ and is re-proposing as a conditional approval because, as stated 
above, New Hampshire's SIP must be updated to provide for the 
performance of modeling prescribed by EPA's January 17, 2017, 
revisions, and New Hampshire has committed to making this update. In 
addition, while EPA never finalized its proposed approval of New 
Hampshire's submittal for the 2012 PM2.5 NAAQS for section 
110(a)(2)(K), EPA did finalize its approval of the remaining 
infrastructure requirements for the 2012 PM2.5 NAAQS on 
December 4, 2018, including approval of section 110(a)(2)(D)(i)(II), 
sub-element 2 of 110(a)(2)(C), and sub-element 3 of 110(a)(2)(J). In 
today's action, EPA is proposing to correct those approvals and to 
replace them with conditional approvals. EPA's previous approvals for 
section 110(a)(2)(D)(i)(II), sub-element 2 of 110(a)(2)(C) and sub-
element 3 of 110(a)(2)(J) were in error; EPA's PSD regulations at 40 
CFR 51.166(l) require a State's SIP to ``provide for procedures which 
specify that [a]ll applications of air quality modeling . . . shall be 
based on the applicable models, data bases, and other requirements 
specified in'' EPA's Guideline on Air Quality Models in appendix W of 
40 CFR part 51. As explained earlier, New Hampshire's SIP currently 
references an earlier version of appendix W that has since been 
superseded. Therefore, New Hampshire's SIP must be updated to refer to 
an edition of EPA's regulations that incorporates the January 17, 2017, 
revisions to appendix W. Because the EPA Administrator's approved 
modeling requirements are found in appendix W, such a revision would 
satisfy the section 51.166(l) requirement that the SIP provide for 
procedures that specify that all applications of modeling be based on 
the requirements in appendix W. Consequently, we are proposing to 
conditionally approve New Hampshire's submittal for the PSD-related 
requirements of section 110(a)(2)(D)(i)(II), 110(a)(2)(C), and 
110(a)(2)(J) for the 2012 PM2.5 NAAQS based on the state's 
commitment to submit in a timely manner the necessary revisions to Part 
Env-A 619.03.
---------------------------------------------------------------------------

    \13\ EPA received one set of public comments relevant to the 
April 10, 2018, proposal to approve New Hampshire's 2012 
PM2.5 submission for section 110(a)(2)(K). Because EPA is 
rescinding that proposal, EPA is not responding to the comments 
submitted on that proposal. Any person wishing to comment on our 
action on section 110(a)(2)(K) for the 2012 PM2.5 
standard should submit comments on today's proposal.
---------------------------------------------------------------------------

L. Section 110(a)(2)(L)--Permitting Fees

    This section requires SIPs to mandate that each major stationary 
source pay permitting fees to cover the costs of reviewing, approving, 
implementing, and enforcing a permit.
    New Hampshire implements and operates the Title V permit program, 
which EPA approved on September 24, 2001. See 66 FR 48806. Chapter Env-
A 700, Permit Fee System, establishes a fee system requiring the 
payment of fees to cover the costs of: Reviewing and acting upon 
applications for the issuance of, amendment to, modification to, or 
renewal of a temporary permit, state permit to operate, or Title V 
operating permit; implementing and enforcing the terms and conditions 
of these permits; and developing, implementing, and administering the 
Title V operating permit program. In addition, Part Env-A 705 
establishes the emission-based fee program for Title V and non-Title V 
sources.
    Therefore, EPA proposes that New Hampshire meets the infrastructure 
SIP requirements of section 110(a)(2)(L) for the 2015 ozone NAAQS.

M. Section 110(a)(2)(M)--Consultation/Participation by Affected Local 
Entities

    To satisfy Element M, states must provide for consultation with, 
and participation by, local political

[[Page 47133]]

subdivisions affected by the SIP. New Hampshire Chapter Env-A 200 and 
Part Env-A 204 provides a public participation process for all 
stakeholders that includes a minimum of a 30-day comment period and an 
opportunity for public hearing for revisions to the SIP. Additionally, 
RSA 125-C:6, ``Powers and Duties of the Commissioner,'' authorizes the 
Commissioner to consult and cooperate with the cities, towns, other 
agencies of the state and federal government, interstate agencies, and 
other affected agencies or groups in matters relating to air quality.
    EPA proposes that New Hampshire meets the infrastructure SIP 
requirements of section 110(a)(2)(M) with respect to the 2015 ozone 
NAAQS.

III. Proposed Action

    EPA is proposing to approve most of the elements of the 
infrastructure SIP submitted by New Hampshire on September 5, 2018, for 
the 2015 ozone NAAQS. Today's action does not include the ``good 
neighbor'' provisions (i.e., section 110(a)(2)(D)(i)), also known as a 
state's Transport SIP. New Hampshire's Transport SIP for the 2015 ozone 
NAAQS will be addressed in a future action.
    In addition, EPA is proposing to conditionally approve section 
110(a)(2)(K) and the PSD-related elements, which include section 
110(a)(2)(D)(i)(II), sub-element 2 of section 110(a)(2) (C), and sub-
element 3 of section 110(a)(2)(J) of New Hampshire's infrastructure SIP 
for the 2015 ozone NAAQS based on the state's commitment to submit in a 
timely manner the necessary revisions to New Hampshire Part Env-A 
619.03, PSD Program Requirements. EPA's proposed action regarding each 
infrastructure SIP requirement for the 2015 ozone NAAQS is contained in 
Table 1 below.

Table 1--Proposed Action on New Hampshire's Infrastructure SIP Submittal
                 for the 2015 Ozone and 2012 PM2.5 NAAQS
------------------------------------------------------------------------
                                                       2012 PM2.5 NAAQS
            Element                2015 ozone NAAQS
------------------------------------------------------------------------
(A): Emission limits and other   A..................  PA
 control measures.
(B): Ambient air quality         A..................  PA
 monitoring and data system.
(C)1: Enforcement of SIP         A..................  PA
 measures.
(C)2: PSD program for major      CA.................  CA
 sources and major
 modifications.
(C)3: Program for minor sources  A..................  PA
 and minor modifications.
(D)1: Contribute to              No action..........  PA
 nonattainment/interfere with
 maintenance of NAAQS.
(D)2: PSD......................  CA.................  CA
(D)3: Visibility Protection....  A..................  PA
(D)4: Interstate Pollution       A..................  PA
 Abatement.
(D)5: International Pollution    A..................  PA
 Abatement.
(E)1: Adequate resources.......  A..................  PA
(E)2: State boards.............  A..................  PA
(E)3: Necessary assurances with  NA.................  NA
 respect to local agencies.
(F): Stationary source           A..................  PA
 monitoring system.
(G): Emergency power...........  A..................  PA
(H): Future SIP revisions......  A..................  PA
(I): Nonattainment area plan or  +..................  +
 plan revisions under part D.
(J)1: Consultation with          A..................  PA
 government officials.
(J)2: Public notification......  A..................  PA
(J)3: PSD......................  CA.................  CA
(J)4: Visibility protection....  +..................  +
(K): Air quality modeling and    CA.................  CA
 data.
(L): Permitting fees...........  A..................  PA
(M): Consultation and            A..................  PA
 participation by affected
 local entities.
------------------------------------------------------------------------

    In the above table, the key is as follows:

 
 
 
A.................................  Approve.
CA................................  Conditionally Approve.
+.................................  Not germane to infrastructure SIPs.
No action.........................  EPA is taking no action on this
                                     infrastructure requirement.
NA................................  Not applicable.
PA................................  Previously Approved.
 

    We also propose to conditionally approve section 110(a)(2)(K) of 
New Hampshire's infrastructure SIP for the 2012 PM2.5 NAAQS, 
which was submitted on December 22, 2015. EPA approved all other 
elements of New Hampshire's infrastructure SIP submittal for the 2012 
PM2.5 NAAQS on December 4, 2018 but, as previously 
mentioned, never took final action on section 110(a)(2)(K). In 
addition, we propose to correct that final rule (83 FR 62464) by 
conditionally approving 110(a)(2)(K) and replacing our approvals of the 
PSD-related requirements of section 110(a)(2)(D)(i)(II), 110(a)(2)(C), 
and 110(a)(2)(J) with conditional approvals, based on the state's 
commitment to submit in a timely manner the necessary revisions to New 
Hampshire Part Env-A 619.03.
    Finally, we are proposing to grant New Hampshire's request, 
pursuant to 40 CFR 51.152(d)(1), to exempt the state from the 
contingency plan requirement for the 2015 ozone standard for the 
Merrimack Valley--Southern New Hampshire Interstate AQCR based on the 
fact that the state is designated as unclassifiable/attainment for that 
standard.
    EPA is soliciting public comments on the issues discussed in this 
proposal or on other relevant matters. These comments will be 
considered before EPA takes final action. Interested parties may 
participate in the Federal rulemaking procedure by submitting comments 
to this proposed rule by following the instructions listed in the 
ADDRESSES section of this Federal Register.
    Under section 110(k)(4) of the Act, EPA may conditionally approve a 
plan based on a commitment from the State to adopt specific enforceable 
measures by a date certain, but not later than 1 year from the date of 
approval. If EPA conditionally approves the commitment in a final 
rulemaking action, the State must meet its commitment to submit the 
necessary revisions to New Hampshire

[[Page 47134]]

Part Env-A 619.03 to satisfy 110(a)(2)(K) and the PSD-related 
requirements of section 110(a)(2)(D)(i)(II), 110(a)(2)(C), and 
110(a)(2)(J) of New Hampshire's infrastructure SIP for the 2012 
PM2.5 and 2015 ozone NAAQS. If the State fails to do so, 
this action will become a disapproval one year from the date of final 
approval. 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 time frame, the conditionally 
approved submission will remain a part of the SIP until EPA takes final 
action approving or disapproving the necessary SIP revision. If EPA 
disapproves the new submittal, the conditionally approved section 
110(a)(2)(K) and the PSD-related requirements of section 
110(a)(2)(D)(i)(II), 110(a)(2)(C), and 110(a)(2)(J) of New Hampshire's 
infrastructure SIP for the 2012 PM2.5 and 2015 ozone NAAQS 
will also be disapproved at that time. If EPA approves the submittal, 
section 110(a)(2)(K) and the PSD-related requirements of section 
110(a)(2)(D)(i)(II), sub-element 2 of 110(a)(2)(C), and sub-element 3 
of 110(a)(2)(J) of the state's infrastructure SIP the 2012 
PM2.5 and 2015 ozone NAAQS will be fully approved in their 
entirety and will replace the conditionally approved elements in the 
SIP.
    If EPA determines that it cannot issue a final conditional approval 
or 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. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely approves state law as meeting 
Federal requirements and does not impose additional requirements beyond 
those imposed by state law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not expected to be an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866;
     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 (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).

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: July 17, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
[FR Doc. 2020-16011 Filed 8-3-20; 8:45 am]
BILLING CODE 6560-50-P


