81 FR 70360 - Air Plan Approval; NH; Regional Haze 5-Year Report
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 197 (October 12, 2016)
Federal Register Volume 81, Issue 197 (October 12, 2016)
| Page Range | 70360-70362 | |
| FR Document | 2016-24495 |
[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)] [Rules and Regulations] [Pages 70360-70362] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24495] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2014-0909; A-1-FRL-9953-84-Region 1] Air Plan Approval; NH; Regional Haze 5-Year Report AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of New Hampshire on December 16, 2014. New Hampshire's SIP revision addresses requirements of the Clean Air Act (CAA) and EPA's rules that require States to submit periodic reports describing progress toward reasonable progress goals (RPGs) established for regional haze and a determination of the adequacy of the state's existing Regional Haze SIP. In addition, the December 16, 2014 submittal includes a revised regulation that reduces the total suspended particulate (TSP) emission limit for the state's sole Tangential-Firing, Dry-Bottom Boiler. DATES: This rule is effective on November 14, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2014-0909. All documents in the docket are listed on the http://www.regulations.gov Web site. 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 http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 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: Anne McWilliams, Air Quality Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail Code OEP05-02), Boston, MA 02109-3912, telephone number (617) 918-1697, fax number (617) 918-0697, email [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. Organization of this document. The following outline is provided to aid in locating information in this preamble. I. Background. II. Final Action. III. Incorporation by Reference. IV. Statutory and Executive Order Reviews. I. Background States are required to submit a progress report in the form of a SIP revision every five years that evaluates progress towards the RPGs for each mandatory Class I Federal area within the state and in each mandatory Class I Federal area outside the state which [[Page 70361]] may be affected by emissions from within the state. See 40 CFR 51.308(g). In addition, the provisions under 40 CFR 51.308(h) require States to submit, at the same time as the 40 CFR 51.308(g) progress report, a determination of the adequacy of the state's existing regional haze SIP. The first progress report SIP is due five years after submittal of the initial regional haze SIP. On July 19, 2016 (81 FR 46866), EPA published a notice of proposed rulemaking (NPR) proposing approval of New Hampshire's December 16, 2014 Regional Haze 5-Year Progress Report SIP revision on the basis that it satisfies the requirements of 40 CFR 51.308(g) and (h). The NPR also proposed to approve, and incorporate into the New Hampshire SIP, New Hampshire's revised section Env-A 2302.02 Emission Standards Applicable to Tangential-Firing, Dry Bottom Boilers which had been revised to include more stringent particulate matter emission limits. The specific details of New Hampshire's December 16, 2014 SIP revision and the rationale for EPA's approval are discussed in the NPR and will not be restated here. No public comments were received on the NPR. II. Final Action EPA is approving New Hampshire's December 16, 2014 Regional Haze 5- Year Progress Report as meeting the requirements of 40 CFR 51.308(g) and (h). In addition, EPA is approving, and incorporating into the New Hampshire SIP, New Hampshire's revised section Env-A 2302.02 Emission Standards Applicable to Tangential-Firing, Dry Bottom Boilers. 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's regulation 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 http://www.regulations.gov. 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: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); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); 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.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); 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 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 December 12, 2016. 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Regional Haze, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: September 23, 2016. H. Curtis Spalding, Regional Administrator, EPA New England. 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: 0 a. Paragraph (c) is amended in the table by revising the existing entries for state citation Env-A 2300; and 0 b. Paragraph (e) is amended by adding a new entry at the end of the table. The revision and addition read as follows: Sec. 52.1520 Identification of plan. * * * * * (c) EPA approved regulations. [[Page 70362]] EPA-Approved New Hampshire Regulations ---------------------------------------------------------------------------------------------------------------- State EPA approval date State citation Title/subject effective date \1\ Explanations ---------------------------------------------------------------------------------------------------------------- * * * * * * * Env-A 2300..................... Mitigation of 11/22/2014 10/6/2016 [Insert Revises Env-A Regional Haze. Federal Register 2302.02 citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- \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) Nonregulatory. New Hampshire NonRegulatory ---------------------------------------------------------------------------------------------------------------- Applicable State Name of nonregulatory SIP geographic or submittal date/ EPA approved date \ Explanations provision nonattainment area effective date 3\ ---------------------------------------------------------------------------------------------------------------- * * * * * * * Regional Haze Five-Year Statewide........... 12/16/14 10/6/2016 [Insert Progress Report. Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- \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. 2016-24495 Filed 10-11-16; 8:45 am] BILLING CODE 6560-50-P
![70360 Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Rules and Regulations
particular, the Act addresses actions § 165.35T08–0845 Safety Zone; Tennessee goals (RPGs) established for regional
that may result in the expenditure by a River, Knoxville, TN. haze and a determination of the
State, local, or tribal government, in the (a) Location. All waters of the adequacy of the state’s existing Regional
aggregate, or by the private sector of Tennessee River beginning at mile Haze SIP. In addition, the December 16,
$100,000,000 (adjusted for inflation) or marker 646.9 and ending at mile marker 2014 submittal includes a revised
more in any one year. Though this rule 647.1 Knoxville, TN. regulation that reduces the total
will not result in such expenditure, we (b) Effective date. This rule is effective suspended particulate (TSP) emission
do discuss the effects of this rule from September 1, 2016 through limit for the state’s sole Tangential-
elsewhere in this preamble. November 19, 2016. Firing, Dry-Bottom Boiler.
(c) Periods of enforcement. This rule DATES: This rule is effective on
F. Environment
will be enforced from 30 minutes prior November 14, 2016.
We have analyzed this rule under to and 30 minutes after all fireworks ADDRESSES: EPA has established a
Department of Homeland Security displays from the left descending bank docket for this action under Docket
Management Directive 023–01 and during University of Tennessee football Identification No. EPA–R01–OAR–
Commandant Instruction M16475.lD, games. The Captain of the Port Ohio 2014–0909. All documents in the docket
which guide the Coast Guard in Valley or a designated representative are listed on the http://
complying with the National will inform the public through www.regulations.gov Web site. Although
Environmental Policy Act of 1969 (42 Broadcast Notice to Mariners (BNM), listed in the index, some information is
U.S.C. 4321–4370(f), and have Local Notices to Mariners (LNM), or not publicly available, i.e., CBI or other
determined that this action is one of a through other public notice and at least information whose disclosure is
category of actions that do not 12–24 in advance of each enforcement restricted by statute. Certain other
individually or cumulatively have a period. material, such as copyrighted material,
significant effect on the human (d) Regulations. (1) In accordance is not placed on the Internet and will be
environment. This rule involves a safety with the general regulations in § 165.23 publicly available only in hard copy
zone that would prohibit entry to of this part, entry into this area is form. Publicly available docket
unauthorized vessels. It is categorically prohibited unless authorized by the materials are available at http://
excluded from further review under Captain of the Port Ohio Valley or a www.regulations.gov or at the U.S.
paragraph 34(g) of Figure 2–1 of the designated representative. Environmental Protection Agency, EPA
Commandant Instruction. An (2) Persons or vessels requiring entry New England Regional Office, Office of
environmental analysis checklist into or passage through the area must Ecosystem Protection, Air Quality
supporting this determination and a request permission from the Captain of Planning Unit, 5 Post Office Square—
Categorical Exclusion Determination are the Port Ohio Valley or a designated Suite 100, Boston, MA. EPA requests
available in the docket where indicated representative. U.S. Coast Guard Sector that if at all possible, you contact the
under ADDRESSES. We seek any Ohio Valley may be contacted on VHF contact listed in the FOR FURTHER
comments or information that may lead Channel 13 or 16, or at 1–800–253– INFORMATION CONTACT section to
to the discovery of a significant 7465. schedule your inspection. The Regional
environmental impact from this rule. Office’s official hours of business are
Dated: September 1, 2016.
G. Protest Activities M.B. Zamperini, Monday through Friday, 8:30 a.m. to
The Coast Guard respects the First Captain, U.S. Coast Guard, Captain of the 4:30 p.m., excluding legal holidays.
Amendment rights of protesters. Port Ohio Valley. FOR FURTHER INFORMATION CONTACT:
Protesters are asked to contact the [FR Doc. 2016–24642 Filed 10–11–16; 8:45 am] Anne McWilliams, Air Quality Unit,
person listed in the FOR FURTHER BILLING CODE 9110–04–P U.S. Environmental Protection Agency,
INFORMATION CONTACT section to EPA New England Regional Office, 5
coordinate protest activities so that your Post Office Square—Suite 100, (Mail
message can be received without ENVIRONMENTAL PROTECTION Code OEP05–02), Boston, MA 02109–
jeopardizing the safety or security of AGENCY 3912, telephone number (617) 918–
people, places or vessels. 1697, fax number (617) 918–0697, email
40 CFR Part 52 mcwilliams.anne@epa.gov.
List of Subjects in 33 CFR Part 165 SUPPLEMENTARY INFORMATION:
[EPA–R01–OAR–2014–0909; A–1–FRL–
Harbors, Marine safety, Navigation 9953–84-Region 1] Throughout this document whenever
(water), Reporting and recordkeeping ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
requirements, Security measures, Air Plan Approval; NH; Regional Haze EPA.
Waterways. 5-Year Report Organization of this document. The
For the reasons discussed in the following outline is provided to aid in
preamble, the U.S. Coast Guard amends AGENCY: Environmental Protection locating information in this preamble.
33 CFR part 165 as follows: Agency (EPA). I. Background.
ACTION: Final rule. II. Final Action.
PART 165—REGULATED NAVIGATION III. Incorporation by Reference.
AREAS AND LIMITED ACCESS AREAS SUMMARY: The Environmental Protection IV. Statutory and Executive Order Reviews.
Agency (EPA) is approving a State
■ 1. The authority citation for part 165 Implementation Plan (SIP) revision I. Background
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continues to read as follows: submitted by the State of New States are required to submit a
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Hampshire on December 16, 2014. New progress report in the form of a SIP
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Hampshire’s SIP revision addresses revision every five years that evaluates
Department of Homeland Security Delegation requirements of the Clean Air Act (CAA) progress towards the RPGs for each
No. 0170.1. and EPA’s rules that require States to mandatory Class I Federal area within
■ 2. Temporary § 165.35T08–0845 is submit periodic reports describing the state and in each mandatory Class I
added to read as follows: progress toward reasonable progress Federal area outside the state which
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![70362 Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Rules and Regulations
EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State effective
State citation Title/subject EPA approval date 1 Explanations
date
* * * * * * *
Env-A 2300 ............... Mitigation of Regional Haze ....... 11/22/2014 10/6/2016 [Insert Federal Reg- Revises Env-A 2302.02
ister citation].
* * * * * * *
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 col-
umn for the particular provision.
* * * * * (e) Nonregulatory.
NEW HAMPSHIRE NONREGULATORY
Name of State submittal
Applicable geographic or 3
nonregulatory date/effective EPA approved date Explanations
nonattainment area
SIP provision date
* * * * * * *
Regional Haze Five- Statewide .................................... 12/16/14 10/6/2016 [Insert Federal Reg-
Year Progress Re- ister citation].
port.
* * * * * * *
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 col-
umn for the particular provision.
[FR Doc. 2016–24495 Filed 10–11–16; 8:45 am] Section 9; and Chapter 6, Prevention of DATES: This rule is effective on
BILLING CODE 6560–50–P Significant Deterioration, Section 4. The November 14, 2016.
EPA also approves the revision in one ADDRESSES: The EPA has established a
of the May 28, 2015 submittals that docket for this action under Docket ID
ENVIRONMENTAL PROTECTION updates a citation to a Federal Register No. EPA–R08–OAR–2016–0366. All
AGENCY article (i.e., Federal Register notice) documents in the docket are listed on
under the definition of ‘‘tpy CO2 the http://www.regulations.gov Web
40 CFR Part 52 equivalent emissions (CO2e),’’ and lists site. Although listed in the index, some
a new minor source baseline date for information is not publicly available,
[EPA–R08–OAR–2016–0366, FRL–9953–78-
fine particulate. The EPA also approves e.g., CBI or other information whose
Region 8]
the updates to the primary air quality disclosure is restricted by statute.
Approval and Promulgation of State standards for particulate matter (PM2.5) Certain other material, such as
Implementation Plan Revisions to to reflect federal updates that went into copyrighted material, is not placed on
Primary Air Quality Standards, Minor effect in January 2013. The updated the Internet and will be publicly
Source Baseline Date, Incorporation by primary PM2.5 standard is 12 available only in hard copy form.
Reference, and 2008 Ozone NAAQS micrograms per cubic meter (mg/m3) Publicly available docket materials are
Infrastructure Requirements for CAA annual arithmetic mean concentration, available through http://
Section 110(a)(2)(C) and (D)(i)(II); which is lowered from its previous level www.regulations.gov, or please contact
Wyoming of 15 mg/m3. The EPA is also approving the person identified in the FOR FURTHER
portions of the State’s February 6, 2014 INFORMATION CONTACT section for
AGENCY: Environmental Protection 2008 ozone National Ambient Air
additional availability information.
Agency (EPA). Quality Standards (NAAQS)
infrastructure certification regarding FOR FURTHER INFORMATION CONTACT: Jody
ACTION: Final rule.
prevention of significant deterioration Ostendorf, Air Program, U.S.
SUMMARY: The Environmental Protection (PSD). The EPA is not taking action in Environmental Protection Agency
Agency (EPA) is approving State this final rule on the Chapter 6, (EPA), Region 8, Mail Code 8P–AR,
Implementation Plan (SIP) revisions Permitting Requirements, Section 14 1595 Wynkoop Street, Denver, Colorado
submitted by the State of Wyoming in portion of a May 24, 2012 submittal or 80202–1129, (303) 312–7814,
two submittals on May 28, 2015 and one one of the May 28, 2015 submittals ostendorf.jody@epa.gov.
submittal on November 6, 2015. The because it has been superseded by a SUPPLEMENTARY INFORMATION:
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final amendments update the version of November 6, 2015 submittal that the
the Code of Federal Regulations (CFR) EPA approved in a separate action. The I. Background
incorporated by reference into the EPA is not taking action on a May 24, In our proposed rule (PR) (81 FR
Wyoming Air Quality Standards and 2012 submittal or a March 8, 2013 53365, Aug. 12, 2016), the EPA
Regulations (WAQSR) for Chapter 2, submittal because they have been proposed to approve SIP revisions
Ambient Standards, Sections 12; superseded by one of the May 28, 2015 submitted by the State of Wyoming on
Chapter 3, General Emission Standards, submittals. May 28, 2015 and November 6, 2015.
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Document Created: 2016-10-12 00:55:56
Document Modified: 2016-10-12 00:55:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on November 14, 2016. | |
| Contact | Anne McWilliams, Air Quality Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail Code OEP05-02), Boston, MA 02109-3912, telephone number (617) 918-1697, fax number (617) 918-0697, email [email protected] | |
| FR Citation | 81 FR 70360 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Regional Haze; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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