Proposed Rule2024-14990
Air Plan Approval; New Hampshire; Ambient Air Quality Standards
Primary source
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Published
July 11, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve most of a State Implementation Plan (SIP) revision submitted by the State of New Hampshire. This revision updates the State regulation containing ambient air quality standards. EPA is proposing to approve all the State's updated standards, except the primary annual fine particle (PM<INF>2.5</INF>) standard, which we propose to conditionally approve because it does not match EPA's current National Ambient Air Quality Standard for PM<INF>2.5</INF>. This action is being taken under the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 89 Issue 133 (Thursday, July 11, 2024)</title>
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[Federal Register Volume 89, Number 133 (Thursday, July 11, 2024)]
[Proposed Rules]
[Pages 56825-56827]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14990]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2024-0255; FRL-12071-01-R1]
Air Plan Approval; New Hampshire; Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve most of a State Implementation Plan (SIP) revision submitted by
the State of New Hampshire. This revision updates the State regulation
containing ambient air quality standards. EPA is proposing to approve
all the State's updated standards, except the primary annual fine
particle (PM<INF>2.5</INF>) standard, which we propose to conditionally
approve because it does not match EPA's current National Ambient Air
Quality Standard for PM<INF>2.5</INF>. This action is being taken under
the Clean Air Act (CAA).
DATES: Written comments must be received on or before August 12, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2024-0255 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to Alison
Simcox at: <a href="/cdn-cgi/l/email-protection#295a40444a4651074845405a4647694c5948074e465f"><span class="__cf_email__" data-cfemail="64170d09070b1c4a05080d170b0a240114054a030b12">[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.
FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Branch,
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, telephone number: (617) 918-1684; email
address: <a href="/cdn-cgi/l/email-protection#84f7ede9e7ebfcaae5e8edf7ebeac4e1f4e5aae3ebf2"><span class="__cf_email__" data-cfemail="f5869c98969a8ddb94999c869a9bb5908594db929a83">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Evaluation of New Hampshire's Submittal
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On December 22, 2022, New Hampshire Department of Environmental
Services (NH DES) submitted to EPA a SIP revision updating its Env-A
300, ``Ambient Air Quality Standards''. The State revised this
regulation to incorporate into its SIP revised National Ambient Air
Quality Standards (NAAQS).
In its December 2022 SIP submittal, NH DES adopted the following:
(1) Coarse fine particle (PM<INF>10</INF>) primary (health-based)
and secondary (welfare-based) 24-hour standards of 150 micrograms per
cubic meter ([mu]g/m\3\),
(2) Fine particle (PM<INF>2.5</INF>) primary annual standard of 12
[mu]g/m\3\,
(3) PM<INF>2.5</INF> secondary annual standard of 15 [mu]g/m\3\,
(4) PM<INF>2.5</INF> primary and secondary 24-hour standards of 35
[mu]g/m\3\,
(5) Sulfur dioxide (SO<INF>2</INF>) primary 1-hour standard of 75
parts per billion (ppb),
(6) SO<INF>2</INF> secondary 3-hour standard of 0.5 parts per
million (ppm),
(7) CO primary 8-hour standard of 9 ppm,
(8) CO primary 1-hour standard of 35 ppm,
(9) Nitrogen Dioxide (NO<INF>2</INF>) primary annual of 53 ppb,
(10) NO<INF>2</INF> primary 1-hour standard of 100 ppb,
(11) NO<INF>2</INF> secondary annual standard of 0.053 ppm
(equivalent to 100 [mu]g/m\3\),
(12) Ozone primary and secondary 8-hour standard of 0.070 ppm,
(13) Lead primary and secondary rolling 3-month standard of 0.15
[mu]g/m\3\.
New Hampshire's Env-A 300, ``Ambient Air Quality Standards,'' was
originally approved into the New Hampshire SIP on March 15, 1983 (48 FR
10830). Updates to the rule were approved into the New Hampshire SIP on
August 19, 1994 (59 FR 42766) and on June 24, 2014 (79 FR 35695).
II. Evaluation of New Hampshire's Submittal
EPA has reviewed New Hampshire's revised Env-A 300 and has
determined that it is consistent with the NAAQS in 40 CFR part 50 for
all standards except the PM<INF>2.5</INF> primary annual standard. On
March 6, 2024, EPA strengthened the PM<INF>2.5</INF> primary annual
standard to 9.0 [mu]g/m\3\ (89 FR 16202).
[[Page 56826]]
Pursuant to a May 16, 2024, letter to EPA from NH DES, within a
year from the effective date of EPA's conditional approval of the
December 2022 submittal, the State commits to submitting a revision to
Env-A 300 that includes the current primary annual standard for the
PM<INF>2.5</INF> NAAQS. Therefore, EPA proposes to approve all of New
Hampshire's revised rule, except for the primary annual
PM<INF>2.5</INF> standard, which we propose to conditionally approve.
III. Proposed Action
EPA proposes to approve most of New Hampshire's revised Env-A 300,
``Ambient Air Quality Standards,'' submitted by the State on December
22, 2022, as a revision to the New Hampshire SIP. We propose to
conditionally approve the primary annual PM<INF>2.5</INF> standard,
provided that the State submits in a timely manner the portion of Env-A
300 that includes the current EPA PM<INF>2.5</INF> primary annual NAAQS
of 9.0 [mu]g/m\3\.
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 a
revision to Env-A 300 that includes the current PM<INF>2.5</INF>
primary annual 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 new legislative authority. If EPA disapproves the new
submittal, the conditionally approved regulation will also be
disapproved at that time. If EPA approves the submittal, the regulation
will be fully approved in its entirety and replace the conditionally
approved program in the SIP.
IV. Incorporation by Reference
In this document, the 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's regulation Env-A 300, as
discussed in Sections I and II of this preamble. 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 CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 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 CAA. 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); 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 CAA.
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.''
NH DES 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.
[[Page 56827]]
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 2, 2024.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2024-14990 Filed 7-10-24; 8:45 am]
BILLING CODE 6560-50-P
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