Rule2023-19117
Air Plan Approval; New Hampshire; Reasonable Available Control Technology for the 2008 and 2015 Ozone Standards
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
September 6, 2023
Effective
October 6, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving portions of State Implementation Plan (SIP) revisions submitted by the State of New Hampshire that certify that the state has adopted regulations meeting the requirements for reasonably available control technology (RACT) for the 2008 and 2015 ozone national ambient air quality standards (NAAQS), and portions of amendments to a related regulation that New Hampshire revised to fulfill RACT requirements for these two NAAQS. We are also approving a revision to the state's definition of emergency generator. These actions are being taken in accordance with the Clean Air Act.
Full Text
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<title>Federal Register, Volume 88 Issue 171 (Wednesday, September 6, 2023)</title>
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[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Rules and Regulations]
[Pages 60893-60895]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19117]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2023-0188; FRL-11025-02-R1]
Air Plan Approval; New Hampshire; Reasonable Available Control
Technology for the 2008 and 2015 Ozone Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of State Implementation Plan (SIP) revisions submitted by the
State of New Hampshire that certify that the state has adopted
regulations meeting the requirements for reasonably available control
technology (RACT) for the 2008 and 2015 ozone national ambient air
quality standards (NAAQS), and portions of amendments to a related
regulation that New Hampshire revised to fulfill RACT requirements for
these two NAAQS. We are also approving a revision to the state's
definition of emergency generator. These actions are being taken in
accordance with the Clean Air Act.
DATES: This rule is effective on October 6, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2023-0188. All documents in the docket
are listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed
in the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available 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: Bob McConnell, Environmental Engineer,
Air and Radiation Division (Mail Code 5-MD), U.S. Environmental
Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston,
Massachusetts, 02109-3912; (617) 918-1046.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever ``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 July 10, 2023 (88 FR 43483), EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of New Hampshire. The NPRM proposed
approval that the state has adopted regulations meeting the
requirements for reasonably available control technology (RACT) for the
2008 and 2015 ozone national ambient air quality standards (NAAQS),
amendments to Env-A 1300, NO<INF>X</INF> RACT, which New Hampshire
revised as part of its RACT requirements for these two ozone NAAQS, a
revision to the State's definition of emergency generator to address a
court decision that vacated the allowance for such engines to operate
for demand-response purposes, and removal from the SIP of two
previously issued RACT orders related to Merrimack Station. During the
public comment period, EPA received one comment letter from the Sierra
Club dated August 9, 2023, that opposed New Hampshire's NO<INF>X</INF>
RACT limits applicable to coal-fired cyclone boilers. EPA is evaluating
those comments in light of our July 10, 2023 proposed approval, and
will take final action on New Hampshire's NO<INF>X</INF> RACT
requirements for coal-fired cyclone boilers and New Hampshire's request
to withdraw from the SIP two previously issued RACT orders applicable
to Merrimack Station boilers in a subsequent final rule. We did not
receive comments on any other portions of our July 10, 2023 proposed
action and are therefore approving within this final rule New
Hampshire's SIP revisions presented in our July 10, 2023 proposal for
all provisions for which we did not receive comments. Please see our
July 10, 2023 proposed rule for additional background and a more
detailed explanation of EPA's rationale related to this action.
II. Final Action
EPA is approving portions of SIP revisions submitted by the State
of New Hampshire. Specifically, EPA is approving the VOC RACT
certifications for the 2008 and 2015 ozone NAAQS; the NO<INF>X</INF>
RACT certifications for these same standards except for the
certification regarding NO<INF>X</INF> RACT for coal-fired cyclone
boilers for which EPA received adverse comments; the state's revised
NO<INF>X</INF> RACT regulation, Env-A 1300, except for sections within
Env-A 1303.06 concerning limits for coal-fired cyclone boilers for
which EPA received adverse comments; and the state's revised definition
of emergency generator in Regulation Env-A 100.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of New
Hampshire regulation Env-A 1300, NO<INF>X</INF> RACT, and a revision to
the state's definition of emergency generator in regulation Env-A 100,
which contains the state's definition of terms used within its air
pollution control regulations, as discussed in Section II of this
preamble and described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
generally available 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). 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
[[Page 60894]]
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 action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
<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); and
<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.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The New Hampshire Department of Environmental Services did not
evaluate environmental justice considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 6, 2023. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: August 30, 2023.
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 (c), amend the table by adding an entry for ``Env-A
100'', immediately preceding the entry for ``Env-A 200''; revising the
entry for ``Env-A 1300''; and in Sec. 52.1520 (e), amending the table
to add entries for ``Certifications for RACT for the 2008 and 2015
ozone standards'' and for ``Negative declarations included in New
Hampshire's State Implementation Plan for purposes of the 2008 and 2015
ozone standards'' to the end of the table, to read as follows:
Sec. 52.1520 Identification of plan.
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(c) * * *
[[Page 60895]]
EPA-Approved New Hampshire Regulations
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State effective EPA approval date
State citation Title/subject date \1\ Explanations
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* * * * * * *
Env-A 100...................... Definition of 8/15/2018........ 9/6/2023 [Insert Revision to the term
``Emergency Federal Register ``Emergency
generator''. citation]. generator'' as used
within the state's
air pollution control
regulations.
* * * * * * *
Env-A 1300..................... NOX RACT......... 8/15/2018 and 3/ ................. Regulation, effective
20/2023. 8/15/2018, containing
emissions limits and
other requirements
for stationary
sources of nitrogen
oxides approved
except for sections
pertaining to coal-
fired cyclone boilers
at Env-A 1303.06(b)
and (c). Revisions
made to Env-A 1303.02
and 1303.04.
effective 3/20/2023.
* * * * * * *
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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.
(e) * * *
New Hampshire NonRegulatory
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Applicable
Name of nonregulatory SIP geographic or State submittal EPA approved date
provision nonattainment date/effective \3\ Explanations
area date
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* * * * * * *
Certifications for RACT for the Statewide........ 9/6/2018 9/6/2023 [Insert RACT certifications
2008 and 2015 ozone standards. Federal Register for stationary
citation]. sources of VOC and
NOX approved for
purposes of the 2008
and 2015 ozone
standards except for
NOX RACT requirements
pertaining to coal-
fired cyclone
boilers.
Negative declarations included Statewide........ 9/6/2018 9/6/2023 [Insert Negative declarations
in New Hampshire's State Federal Register submitted for 26 CTG
Implementation Plan for citation]. categories listed
purposes of the 2008 and 2015 within Table 5-3 of
ozone standards. the New Hampshire
document
``Certification of
Reasonably Available
Control Technology
for the 2008 and 2015
8-hour Ozone National
Ambient Air Quality
Standards'', dated
August 21, 2018.
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\3\ 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. 2023-19117 Filed 9-5-23; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on September 6, 2023.
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