Proposed Rule2022-04032
Air Plan Approval; New Hampshire; Env-A 800 Testing and Monitoring Procedures, Env-A 619.03 PSD Program Requirements, and Env-A 1200 VOC RACT
Primary source
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Published
March 3, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of New Hampshire. These revisions amend Testing and Monitoring Procedures for sources of air pollution; revise New Hampshire's Prevention of Significant Deterioration (PSD) permitting program with respect to requirements for air quality modeling; fully approve certain infrastructure SIP requirements as they related to PSD permitting requirements for the 2015 Ozone and 2012 fine particle matter (PM<INF>2.5</INF>) National Ambient Air Quality Standards (NAAQS); and amend Volatile Organic Compounds (VOCs) Reasonably Available Control Technology (RACT). This action is being taken under the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 87 Issue 42 (Thursday, March 3, 2022)</title>
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[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Proposed Rules]
[Pages 12016-12020]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04032]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2021-0785; FRL-9591-01-R1]
Air Plan Approval; New Hampshire; Env-A 800 Testing and
Monitoring Procedures, Env-A 619.03 PSD Program Requirements, and Env-A
1200 VOC RACT
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve State Implementation Plan (SIP) revisions submitted by the
State of New Hampshire. These revisions amend Testing and Monitoring
Procedures for sources of air pollution; revise New Hampshire's
Prevention of Significant Deterioration (PSD) permitting program with
respect to requirements for air quality modeling; fully approve certain
infrastructure SIP requirements as they related to PSD permitting
requirements for the 2015 Ozone and 2012 fine particle matter
(PM<INF>2.5</INF>) National Ambient Air Quality Standards (NAAQS); and
amend Volatile Organic Compounds (VOCs) Reasonably Available Control
Technology (RACT). This action is being taken under the Clean Air Act
(CAA).
DATES: Written comments must be received on or before April 4, 2022.
[[Page 12017]]
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2021-0785 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#e88b9a8d81849b8786c682878086a88d9889c68f879e"><span class="__cf_email__" data-cfemail="1e7d6c7b77726d717030747176705e7b6e7f30797168">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. Publicly
available docket materials are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
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: John Creilson, Air Quality Branch,
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square--Suite 100 (Mail code 05-2), Boston, MA 02109, tel. (617) 918-
1688, email <a href="/cdn-cgi/l/email-protection#ceadbcaba7a2bda1a0e0a4a1a6a08eabbeafe0a9a1b8"><span class="__cf_email__" data-cfemail="bad9c8dfd3d6c9d5d494d0d5d2d4fadfcadb94ddd5cc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background
a. Env-A 800 Testing and Monitoring Procedures
b. Env-A 619.03 PSD Program Requirements
c. Env-A 1200 VOC RACT
II. Summary and Evaluation of State Submittal
a. Env-A 800 Testing and Monitoring Procedures
b. Env-A 619.03 PSD Program Requirements
c. Env-A 1200 VOC RACT
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
a. Env-A 800 Testing and Monitoring Procedures
On August 19, 2021, the New Hampshire Department of Environmental
Services (NH DES) submitted a revision to its State Implementation Plan
(SIP). The submittal consists of revisions to an existing rule, Env-A
800, Testing and Monitoring Procedures, that was previously approved
into the New Hampshire SIP. A clarification letter, along with the
updated rule, was subsequently submitted on December 20, 2021. The
clarification letter corrected an equation in the rule and omitted Env-
A 810 from the New Hampshire SIP submittal. Env-A 800 establishes
testing and monitoring procedures, calculation procedures, standards,
and requirements used to determine compliance with Federal and state
air pollution regulations. The State made a number of relatively minor
changes to the existing rule as described within this proposed
rulemaking and requested that the version submitted on August 19, 2021,
and clarified on December 20, 2021, be incorporated into the New
Hampshire SIP, except for (1) section 801.02(b) and (d), which are
related to trading programs, and (2) section 810, Air Pollution Control
Equipment Monitoring Plan; Additional Testing and Monitoring. NH DES
also stated that this revision supersedes all prior approved versions.
b. Env-A 619.03 PSD Program Requirements
On September 16, 2021, NH DES submitted a revision to its SIP-
approved regulation Part Env-A 619.03, the State's CAA PSD permitting
program. The revision addresses conditional approvals related to the
State's PSD program for purposes of the 2015 Ozone and 2012
PM<INF>2.5</INF> NAAQS infrastructure SIP requirements. Specifically,
EPA conditionally approved infrastructure SIP elements associated with
CAA sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), 110(a)(2)(J), and
110(a)(2)(K). See 85 FR 67651 (October 26, 2020).
NH DES implements PSD largely through the incorporation by
reference of the Federal PSD program at 40 CFR 52.21, as it existed on
a specific date. The State's current SIP-approved version of the
Federal PSD program references 40 CFR 52.21 as it was codified on July
1, 2016. 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). CAA sections 110(a)(2)(C), (D)(i)(II), and (J) require
a state to make an infrastructure SIP submission demonstrating that the
air agency has a complete PSD permitting program in place satisfying
current requirements. CAA section 110(a)(2)(K) requires that the 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.
With New Hampshire's SIP referencing an earlier version of appendix
W through its incorporation by reference of 40 CFR 52.21 as codified on
July 1, 2016, EPA conditionally approved New Hampshire's infrastructure
SIP elements related to CAA sections 110(a)(2)(C), 110(a)(2)(D)(i)(II),
110(a)(2)(J), and 110(a)(2)(K), as the State's PSD program was not
consistent with the current Federal requirements. EPA found that
outside the issue with appendix W, the State has a comprehensive PSD
permitting program in place satisfying all other PSD program elements.
Prior to EPA's proposal of the conditional approvals, NH DES
committed in a letter dated June 3, 2020, to submit for EPA approval
revisions to Env-A 619.03 to update the reference date for 40 CFR 52.21
so as to incorporate EPA's current ``Guideline on Air Quality Models''
in appendix W to 40 CFR part 51. The State's September 16, 2021, SIP
submittal addresses its June 3, 2020, commitment to submit necessary
revisions of Env-A 619.03 to EPA for approval into the SIP.
c. Env-A 1200 VOC RACT
On July 15, 2021, the NH DES submitted a revision to its SIP, which
consists of amendments to an existing rule, Env-A 1200, Volatile
Organic Compounds (VOC) Reasonably Available Control Technology (RACT),
that was previously approved into the New Hampshire SIP on November 8,
[[Page 12018]]
2012 (77 FR 66921). Env-A 1200 establishes requirements for the
implementation of reasonably available control technology on certain
stationary sources located in New Hampshire that emit volatile organic
compounds. The rule expired on June 1, 2019, so the NH DES has
readopted the chapter with minor amendment for clarity and to align
with Federal requirements.
II. Summary and Evaluation of State Submittal
a. Env-A 800 Testing and Monitoring Procedures
On August 19, 2021, the New Hampshire Department of Environmental
Services (DES) submitted state regulation Env-A 800, Testing and
Monitoring Procedures, to EPA and requested that the rule be submitted
into the State's SIP. A clarification letter, along with the updated
rule, was subsequently submitted on December 20, 2021. The State
indicated that these revisions supersede all prior approved versions.
New Hampshire made the request in light of recent changes to the
rule as a matter of state law. The proposed amendments are as follows:
1. Updates to the procedure for recertification of continuous
emissions monitoring systems. New Hampshire DES updated Env-A 800 to
clarify and correct pre-test, sampling, and report submittal procedures
for conducting Relative Accuracy Test Audits (RATAs) for recertifying
Continuous Emissions Monitoring (CEM) systems installed at stationary
sources.
2. Updates to nitrogen oxides (NOX) RACT testing requirements to be
consistent with Federal requirements. New Hampshire DES updated Env-A
800 to simplify testing requirements for gaseous concentration
measurements for NO<INF>X</INF> RACT-subject devices and tune-ups. For
example, one change New Hampshire made to the NO<INF>X</INF> RACT
testing requirement was to clarify that sources only needed to choose
one of the referenced test methods listed for gaseous concentration
measurements, rather than use multiple test methods.
3. Removal of language pertaining to time-shared CEM systems. New
Hampshire DES updated Env-A 808, Continuous Emission Monitoring, to
remove a provision relating to time-shared CEM systems, as there no
longer are any installed at any New Hampshire sources.
4. Modification of audit requirements to be consistent with EPA
requirements. New Hampshire DES updated Env-A 800 to modify quarterly
audit requirements for continuous opacity monitors to follow 40 CFR
part 60, appendix F, Procedure 3 procedures instead of 40 CFR part 60,
appendix B, Performance Specification 1 requirements in order to align
with changes in Federal requirements. For example, section 808.05(b) of
the previously adopted rule was modified such that the quarterly audit
requirements reference 40 CFR part 60, appendix F, Procedure 3, instead
of 40 CFR part 60, appendix B, Performance Specification 1.
5. Change in compliance testing for NOX and carbon monoxide (CO).
New Hampshire DES updated Env-A 802.13, Compliance Stack Testing for
Emissions of Nitrogen Oxides (NO<INF>X</INF>) or Carbon Monoxide, to
require that when compliance testing is done for either NO<INF>X</INF>
or CO, that testing be done for both gases.
6. Definitions and calculations for multi-day rolling emissions
averages. New Hampshire DES updated Env-A 808.01, Definitions, to
define ``rolling average'' as an arithmetic mean specified by an
applicable emission limit. The calculations are defined in updated
sections 808.01(h)(1)-(4).
7. Modification of provisions of CEM systems. New Hampshire DES
updated Env-A 800 to revise provisions relative to installation,
operation, and auditing of CEM systems to cover the inclusion of future
Federal New Source Performance Standards (NSPS) and National Emission
Standards for Hazardous Air Pollutants (NESHAP) requirements for CEM
systems.
EPA has reviewed New Hampshire's August 19, 2021 submittal of
revisions to Env-A 800, Testing and Monitoring Procedures, and
subsequent December 20, 2021 clarification, and determined that they
represent approvable revisions to the version previously approved into
the New Hampshire SIP.
b. Env-A 619.03 PSD Program Requirements
EPA has reviewed the State's September 16, 2021, SIP submittal with
respect to revision for Env-A 619.03. NH DES readopted with amendments
Env-A 619.03 on March 16, 2021. The readoption made the state's current
regulations consistent with the Federal regulations as of July 1, 2019.
NH DES amended Env-A 619.03 by including a new paragraph (d), which
definitively states, ``For the purposes of this part, the reference to
Appendix W in 40 CFR 52.21(l) shall refer to the July 1, 2019
edition.''
The changes NH DES made to its regulation sufficiently address
EPA's October 26, 2020, conditional approvals of the PSD- and modeling-
related elements for the 2015 Ozone and 2012 PM<INF>2.5</INF> NAAQS
infrastructure SIP requirements. Specifically, the new paragraph (d)
provides that air quality modeling procedures will be consistent with
EPA's most recent revision of appendix W of 40 CFR part 51. Therefore,
EPA proposes to replace the version of Env-A 619.03 currently in New
Hampshire's SIP with the March 16, 2021, version and to convert the
previous conditional approvals to full approvals.
c. Env-A 1200 VOC RACT
On July 15, 2021, NH DES submitted state regulation Env-A 1200,
Volatile Organic Compounds (VOC) Reasonably Available Control
Technology (RACT), to EPA requesting the rule be approved into the
State's SIP, and that the previously approved version of the regulation
be removed from the SIP. The proposed amendments are primarily as
follows:
1. Clarify exemptions. Env-A 1201.04 was revised to remove an
exemption for which an owner or operator may be exempt from the chapter
if they applied for a source specific RACT permit, or permit
modification, by May 31, 2013. Since this date has passed, this
provision is no longer applicable and was replaced with a provision of
similar intent, which states that a source now subject to a source
specific RACT permit, or a consent decree agreement, would be exempt
from the chapter. A provision was also added that reiterates language
elsewhere in the chapter that a source's emissions must be below the
relevant VOC category applicability threshold to be exempt from Env-A
1200.
2. Expand alternative compliance procedures. Env-A 1205.02 was
revised to also be applicable to Env-A 1214 and 1220, flat wood
paneling and adhesive coating operations, respectively. These source
categories will be allowed to comply with their emission rates by
implementing add-on controls or a ``bubble,'' which is a process in
which similar sources at a facility are collectively controlled. This
form of alternative compliance must be no less stringent than the
otherwise prescribed limits. This paragraph was also edited to include
reference to Env-A 800, Testing and Monitoring Procedures, which are
customarily necessary for evaluating compliance with this chapter.
3. Clarify that related cleaning activity emissions are generally
subject to this chapter. To be consistent with EPA Control Techniques
Guidelines (CTGs) documents, source emission applicability requirements
was revised to expressly include the cleaning
[[Page 12019]]
activities associated with the relevant VOC RACT category. New
Hampshire DES had, in practice, interpreted the previous Chapter as
such, therefore the actual level of control is not expected to change
because of this revision.
EPA has reviewed New Hampshire's July 15, 2021, submittal of
revisions to Env-A 1200, Volatile Organic Compounds (VOC) Reasonably
Available Control Technology (RACT) and determined that they represent
approvable revisions to the version previously approved into the New
Hampshire SIP. These revisions primarily clarify existing requirements
and in certain circumstances in which they expand control options, are
explicitly required to be no less stringent that the previous control
requirements. Therefore, the revised rule is expected to achieve no
fewer emission reductions that the previously approved version. Thus,
revising the SIP to incorporate the revised rule will not interfere
with any applicable requirement concerning attainment and reasonable
further progress or any other applicable requirement of the Act. See
CAA section 110(l).
III. Proposed Action
EPA is proposing to approve the New Hampshire revisions to (1) Env-
A 800 submitted on August 19, 2021, and clarified on December 20, 2021;
(2) Env-A 619.03 submitted on September 16, 2021; and (3) Env-A 1200
submitted on August 19, 2021. Furthermore, EPA is proposing to convert
its October 26, 2020, conditional approvals of infrastructure SIP
elements associated with CAA sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), 110(a)(2)(J), and 110(a)(2)(K) for the 2015 Ozone
and 2012 PM<INF>2.5</INF> NAAQS to a full approval. EPA's proposed
action regarding infrastructure SIP requirements for the 2015 ozone and
2012 PM<INF>2.5</INF> NAAQS is contained in Table 1 below.
Table 1--Proposed Action on New Hampshire's Infrastructure SIP Elements
for the 2015 Ozone and 2012 PM2.5 NAAQS
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Element 2015 ozone NAAQS 2012 PM2.5 NAAQS
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* * * * * * *
(C)2: PSD program for major Approve.......... Approve.
sources and major
modifications.
* * * * * * *
(D)2: PSD...................... Approve.......... Approve.
* * * * * * *
(J)3: PSD...................... Approve.......... Approve.
* * * * * * *
(K): Air quality modeling and Approve.......... Approve.
data.
* * * * * * *
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EPA is soliciting public comments on the issues discussed in this
document or on other relevant matters. These comments will be
considered before taking final action. Interested parties may
participate in the Federal rulemaking procedure by submitting written
comments to this proposed rule by following the instructions listed in
the ADDRESSES section of this Federal Register document.
IV. Incorporation by Reference
In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference New Hampshire regulations Env-A 800 as adopted on April 30,
2019, with the exception of section 801.02(b) and (d) and section 810;
Env-A 619.03 as adopted on March 16, 2021; and Env-A 1200 as adopted on
October 17, 2019. The EPA has made, and will continue to make, these
documents generally available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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).
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 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
[[Page 12020]]
<bullet> 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, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: February 18, 2022.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2022-04032 Filed 3-2-22; 8:45 am]
BILLING CODE 6560-50-P
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