Rule2022-16601
Air Plan Approval; New Hampshire; Rules for Particulate Emissions From Open Sources
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 11, 2022
Effective
September 12, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 154 (Thursday, August 11, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16601]
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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.
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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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">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: 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; <a href="/cdn-cgi/l/email-protection#1578747c617c3b65607f74677c7b7c557065743b727a63"><span class="__cf_email__" data-cfemail="cda0aca4b9a4e3bdb8a7acbfa4a3a48da8bdace3aaa2bb">[email protected]</span></a>.
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 <a href="http://www.regulations.gov">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). 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\
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\1\ 62 FR 27968 (May 22, 1997).
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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:
<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
<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).
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
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State EPA approval
State citation Title/subject effective date date \1\ Explanations
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* * * * * * *
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.
* * * * * * *
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\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
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