Proposed Rule2025-20496
Operating Permit Program Approval; New Hampshire; Revised Definitions
Primary source
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Published
November 20, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve revisions to the State of New Hampshire's Clean Air Act (CAA) title V operating permit program. These revisions amend the definitions of "hazardous air pollutant" and "regulated air pollutant" in New Hampshire regulations to remain consistent with Federal permitting and air toxics requirements in accordance with the CAA.
Full Text
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<title>Federal Register, Volume 90 Issue 222 (Thursday, November 20, 2025)</title>
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[Federal Register Volume 90, Number 222 (Thursday, November 20, 2025)]
[Proposed Rules]
[Pages 52318-52319]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20496]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[EPA-R01-OAR-2025-1608; FRL-13018-01-R1]
Operating Permit Program Approval; New Hampshire; Revised
Definitions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the State of New Hampshire's Clean Air Act (CAA)
title V operating permit program. These revisions amend the definitions
of ``hazardous air pollutant'' and ``regulated air pollutant'' in New
Hampshire regulations to remain consistent with Federal permitting and
air toxics requirements in accordance with the CAA.
DATES: Written comments must be received on or before December 22,
2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2025-1608 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#89e2e0e5f9e8fdfbe0eae2a7e3ecfafae0eae8c9ecf9e8a7eee6ff"><span class="__cf_email__" data-cfemail="1f7476736f7e6b6d767c7431757a6c6c767c7e5f7a6f7e31787069">[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, 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. 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.
FOR FURTHER INFORMATION CONTACT: Jessica Kilpatrick, Air Permits,
Toxics, and Indoor Programs Branch, Air and Radiation Division, U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square, Mail
Code: 5-MI, Boston, MA 02109-0287. Telephone: 617-918-1652. Email:
<a href="/cdn-cgi/l/email-protection#cfa4a6a3bfaebbbda6aca4e1a5aabcbca6acae8faabfaee1a8a0b9"><span class="__cf_email__" data-cfemail="f3989a9f839287819a9098dd999680809a9092b3968392dd949c85">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background
II. Title V Operating Permit Program Revisions
III. EPA's Review
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background
Section 112 of the CAA regulates hazardous air pollutants (HAPs),
also known as air toxics, which are air pollutants that present a
threat of adverse human health effects, such as cancer. The CAA
specifically defines a HAP as any air pollutant listed pursuant to 42
U.S.C. 7412(b). This list currently has 189 HAPs organized by chemical
name and CAS number and may be revised by the Administrator pursuant to
42 U.S.C. 7412(b)(2). According to 42 U.S.C. 7412(b)(3), any person may
petition the Administrator to modify the list of HAPs by adding or
deleting a substance. The Administrator may add a substance to the HAP
list when a determination is made that the substance is an air
pollutant and that emissions, ambient concentrations, bioaccumulation
or deposition of the substance are known to cause or may reasonably be
anticipated to cause adverse effects to human health or adverse
environmental effects. Effective February 4, 2022, EPA added 1-
bromopropane (1-BP) to the HAP list (87 FR 393). This amendment was
promulgated at 40 CFR 63.64.
Under the CAA Amendments of 1990, state and local permitting
authorities are required to develop operating permit programs under
title V of the CAA (42 U.S.C. 7661-7661f). HAPs are regulated air
pollutants subject to title V operating permit programs consistent with
the requirements of 40 CFR part 70--State Operating Permit Programs.
See 40 CFR 70.2 Air pollution sources utilize the HAP list to calculate
HAP emissions in determining applicable title V operating permit
requirements.
II. Title V Operating Permit Program Revisions
As a result of the HAP list modification in 2022, state
environmental agencies were required to incorporate 1-BP into their
state regulations and title V operating permit programs. The New
Hampshire Department of Environmental Services (NHDES) revised New
Hampshire Code of Administrative Rules, Chapter Env-A--Air Related
Programs (Env-A) to comply with the CAA. NHDES revised the definition
of ``hazardous air pollutant'' at Env-A 103.41 and the definition of
``regulated air pollutant'' at
[[Page 52319]]
Env-A 104.47. The amended language at Env-A 103.41 states that,
```Hazardous air pollutant' means any air pollutant listed pursuant to
section 112(b) of the Act.'' The amended language at Env-A 104.47
states, ``Regulated air pollutant means `Regulated air pollutant' as
defined in 40 CFR 70.2, reprinted in Appendix D.'' These revisions
require the state to incorporate all current and future HAPs into its
title V operating permit program, such as the newly added 1-BP.
On June 12, 2025, NHDES formally submitted the revised definitions
to EPA, providing a copy of the official state rule and certification
of adoption. On July 31, 2025, NHDES submitted a supplemental letter
clarifying that the purpose of the previous submittal was to revise the
definitions in its title V operating permit program pursuant to 40 CFR
70.4(i).
III. EPA's Review
Upon review, EPA finds that the permit program's revised
definitions of ``hazardous air pollutant'' and ``regulated air
pollutant'' are consistent with Federal definitions at CAA section
112(b) and 40 CFR 70.2. The revised definitions have the intended
effect of incorporating changes to the EPA list of HAPs, including the
recent addition of 1-BP, into the state's CAA title V permitting
program.
According to 40 CFR 70.4(i)(2)(i), a state's obligation to revise
it's CAA title V operating permit program shall be accomplished as
follows: ``The State shall submit a modified program description,
Attorney General's statement, or such other documents as EPA determines
to be necessary.'' EPA deems NHDES's submitted materials for revision
of its title V operating permit program to be adequate and satisfy the
requirements of 40 CFR 70.4(i)(2)(i).
IV. Proposed Action
EPA is proposing to approve NHDES's title V operating permit
program revisions. EPA is soliciting public comments on the issues
discussed in this notice 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.
V. Incorporation by Reference
EPA is proposing to include incorporation by reference in a final
rule regulatory text. In accordance with requirements of 1 CFR 51.5,
EPA is proposing to incorporate by reference the definitions at Env-A
103.41 and at Env-A 104.47 discussed in sections II and III of this
preamble. 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 EPA
Region 1 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve title V
operating permit program revisions that comply with the provisions of
the CAA and applicable Federal regulations. Thus, in reviewing
revisions, 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 Orders12866 (58
FR 51735, October 4, 1993);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<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, this action 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 70
Environmental protection, Air pollution control, Acid rain,
Administrative practice and procedure, Hazardous substances,
Incorporation by reference, Intergovernmental relations, Licensing and
registration, Reporting and recordkeeping requirements.
Dated: September 26, 2025.
Mark Sanborn,
Regional Administrator, EPA Region 1.
[FR Doc. 2025-20496 Filed 11-19-25; 8:45 am]
BILLING CODE 6560-50-P
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