[Federal Register Volume 87, Number 154 (Thursday, August 11, 2022)]
[Rules and Regulations]
[Pages 49526-49528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16601]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2022-0112; FRL-9734-02-R1]


Air Plan Approval; New Hampshire; Rules for Particulate Emissions 
From Open Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions of New Hampshire Code of 
Administrative Rules Chapter Env-A 1000 submitted by the State of New 
Hampshire on January 8, 2020. Env-A 1000 establishes requirements for 
open burning, fugitive dust, and firefighter instruction and training 
activities. This action is being taken under the Clean Air Act.

DATES: This rule is effective on September 12, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2022-0112. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information is not publicly available, i.e., confidential 
business information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available at www.regulations.gov or at the U.S. Environmental 
Protection Agency, EPA Region 1 Regional Office, Air and Radiation 
Division, 5 Post Office Square--Suite 100, Boston, MA. EPA requests 
that, if at all possible, you contact the contact listed in the FOR 
FURTHER INFORMATION CONTACT section to schedule your inspection. The 
Regional Office's official hours of business are Monday through Friday, 
8:30 a.m. to 4:30 p.m., excluding legal holidays and facility closures 
due to COVID-19.

FOR FURTHER INFORMATION CONTACT: Pujarini Maiti, Air Quality Planning 
Unit, Air Programs Branch (Mail Code OEP05-02), U.S. Environmental 
Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, 
Massachusetts 02109-3912; (617) 918-1625; [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever

[[Page 49527]]

``we,'' ``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On May 18, 2022 (87 FR 22821), EPA published a Notice of Proposed 
Rulemaking (NPRM) for the State of New Hampshire proposing to approve 
two SIP revisions submitted by the State. Information about the 
proposed SIP revisions are as follows.
    On January 8, 2020, NH DES submitted revisions of New Hampshire 
Code of Administrative Rules Chapter Env-A 1000 (Prevention, Abatement, 
and Control of Open Source Air Pollution) and Env-A 2800 (Sand and 
Gravel Sources; Non-Metallic Mineral Processing Plants; Cement and 
Concrete Sources) to EPA for approval into the New Hampshire SIP. NH 
DES withdrew the January 2020 submission of Env-A 1000 to the SIP on 
July 19, 2021. On August 19, 2021, NH DES submitted another revision of 
Env-A 1000 to EPA for approval into the New Hampshire SIP. This 
regulation establishes requirements for open burning, fugitive dust, 
and firefighter instruction and training activities. NH DES submitted 
this revision to replace the current SIP-approved Env-A 1000 (83 FR 
6972; February 16, 2018), which expired at the state level on May 1, 
2019. The submittal also includes Appendices A and B, which provide 
references and definitions that are included in Env-A 1000. EPA has 
determined that the new version of Env-A 1000 is no less stringent than 
existing Env-A 1000 in the New Hampshire SIP and, therefore, meets 
requirements of section 110(l) of the Clean Air Act.
    Herein, we are approving Env-A 1000. The rationale for this action 
is explained in the NPRM and will not be restated here. There were no 
public comments received on the NPRM.
    At this time, we are not taking final action on Chapter Env-A 2800, 
which establishes requirements for particulate matter, visible 
emissions, and fugitive dust standards for sand and gravel sources, 
non-metallic mineral processing plants, and cement and concrete 
sources.

II. Final Action

    EPA is approving and incorporating Env-A 1000 into the New 
Hampshire SIP, which was submitted by the State of New Hampshire on 
August 19, 2021. However, we are not finalizing our proposal to approve 
Env-A 2800 at this time, which was submitted on January 8, 2020. EPA 
will take action on Env-A 2800 at a later time.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of New Hampshire 
regulation Env-A 1000, effective August 1, 2019, as described in 
section I. of this preamble and set forth below in the amendments to 40 
CFR part 52. The EPA has made, and will continue to make, these 
documents generally available through www.regulations.gov and at the 
EPA Region 1 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information). Therefore, these materials have been approved by EPA for 
inclusion in the State Implementation Plan, have been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference in 
the next update to the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely approves state law as meeting 
Federal requirements and does not impose additional requirements beyond 
those imposed by state law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 11, 2022. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for

[[Page 49528]]

the purposes of judicial review nor does it extend the time within 
which a petition for judicial review may be filed, and shall not 
postpone the effectiveness of such rule or action. This action may not 
be challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: July 28, 2022.
David Cash,
Regional Administrator, EPA Region 1.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart EE--New Hampshire

0
2. In Sec.  52.1520, amend the table in paragraph (c) by revising the 
entry ``Env-A 1000'' to read as follows:


Sec.  52.1520   Identification of plan.

* * * * *
    (c) * * *

                                     EPA-Approved New Hampshire Regulations
----------------------------------------------------------------------------------------------------------------
                                                              State       EPA approval
        State citation               Title/subject       effective date     date \1\           Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Env-A 1000...................  Control of Open Burning.        8/1/2019       8/11/2022  Approve the amended
                                                                                          Part Env-A 1000
                                                                                          ``Prevention,
                                                                                          Abatement and Control
                                                                                          of Open Source Air
                                                                                          Pollution'' to
                                                                                          supersede the
                                                                                          previously SIP-
                                                                                          approved version.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

[FR Doc. 2022-16601 Filed 8-10-22; 8:45 am]
BILLING CODE 6560-50-P


