83_FR_62697 83 FR 62464 - Air Plan Approval; New Hampshire; Infrastructure State Implementation Plan Requirements for the 2012 PM2.5

83 FR 62464 - Air Plan Approval; New Hampshire; Infrastructure State Implementation Plan Requirements for the 2012 PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 233 (December 4, 2018)

Page Range62464-62466
FR Document2018-26284

The Environmental Protection Agency (EPA) is approving two State Implementation Plan (SIP) submissions from New Hampshire that address the infrastructure SIP requirements, including the interstate transport requirements, of the Clean Air Act (CAA or Act) for the 2012 fine particle (PM<INF>2.5</INF>) National Ambient Air Quality Standards (NAAQS). The approval does not address CAA section 110(a)(2)(K) (regarding air quality modeling and data), which EPA will address in a later rulemaking. The infrastructure SIP requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities with respect to this NAAQS under the CAA, including the obligations related to transport. The EPA is taking this action under the Clean Air Act.

Federal Register, Volume 83 Issue 233 (Tuesday, December 4, 2018)
[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Rules and Regulations]
[Pages 62464-62466]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26284]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0344; FRL-9986-82-Region 1]


Air Plan Approval; New Hampshire; Infrastructure State 
Implementation Plan Requirements for the 2012 PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving two 
State Implementation Plan (SIP) submissions from New Hampshire that 
address the infrastructure SIP requirements, including the interstate 
transport requirements, of the Clean Air Act (CAA or Act) for the 2012 
fine particle (PM2.5) National Ambient Air Quality Standards 
(NAAQS). The approval does not address CAA section 110(a)(2)(K) 
(regarding air quality modeling and data), which EPA will address in a 
later rulemaking. The infrastructure SIP requirements are designed to 
ensure that the structural components of each state's air quality 
management program are adequate to meet the state's responsibilities 
with respect to this NAAQS under the CAA, including the obligations 
related to transport. The EPA is taking this action under the Clean Air 
Act.

DATES: This rule is effective on January 3, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2017-0344. All documents in the docket 
are listed on the https://www.regulations.gov 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 https://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: Alison C. Simcox, Air Quality Unit, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
5 Post Office Square-Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912, tel. (617) 918-1684; [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On April 10, 2018 (83 FR 15343), EPA published a Notice of Proposed 
Rulemaking (NPRM) for the State of New Hampshire. The NPRM proposed 
approval of two SIP submissions from the New Hampshire Department of 
Environmental Services (NHDES), which included an infrastructure SIP 
submission for the 2012 fine particle (PM2.5\1\) National 
Ambient Air Quality Standard (NAAQS) submitted by the state on December 
22, 2015, and a separate SIP submission addressing the ``Good 
Neighbor'' (or ``transport'') provisions for the 2012 PM2.5 
NAAQS (Section 110(a)(2)(D)(i)(I) of the CAA) submitted by the state on 
June 8, 2016.
---------------------------------------------------------------------------

    \1\ PM2.5 refers to particulate matter of 2.5 microns 
or less in diameter, often referred to as ``fine'' particles.
---------------------------------------------------------------------------

    This rulemaking does not cover three substantive areas that are not 
integral to acting on a state's infrastructure SIP submission: (i) 
Existing provisions related to excess emissions during periods of 
start-up, shutdown, or malfunction at sources (``SSM'' emissions) that 
may be contrary to the CAA and EPA's policies addressing such excess 
emissions; (ii) existing provisions related to ``director's variance'' 
or ``director's discretion'' that purport to permit revisions to SIP-
approved emissions limits with limited public process or without 
requiring further approval by EPA, that may be contrary to the CAA 
(``director's discretion''); and, (iii) existing provisions for 
Prevention of Significant Deterioration (PSD) programs that may be 
inconsistent with current requirements of EPA's ``Final New Source 
Review (NSR) Improvement Rule,'' 67 FR 80186 (December 31, 2002), as 
amended by 72 FR 32526 (June 13, 2007) (``NSR Reform''). Instead, EPA 
has the authority to address each of these substantive areas 
separately. A detailed history, interpretation, and rationale for EPA's 
approach to infrastructure SIP requirements can be found in EPA's May 
13, 2014, proposed rule entitled, ``Infrastructure SIP Requirements for 
the 2008 Lead NAAQS'' in the section, ``What is the scope of this 
rulemaking?'' See 79 FR 27241 at 27242-45.
    The rationale for EPA's proposed action is explained in the NPRM 
and will not be restated here.

II. Response to Comments

    EPA received six sets of comments during the comment period. Only 
one set includes significant, adverse comment, and it relates solely to 
section 110(a)(2)(K) of the Act (regarding air quality modeling and 
data). In the NPRM, EPA proposed to approve NHDES' submissions for the 
2012 PM2.5 NAAQS for the infrastructure requirements of 
Section 110(a)(2)(A) through (M), including (K). In this rulemaking, 
EPA is finalizing the approval of New Hampshire's submissions for the 
infrastructure requirements of section 110(a)(2)(A) through (M), except 
(K). EPA will take separate action at a later date addressing these 
comments and the section 110(a)(2)(K) requirements for New Hampshire's 
infrastructure SIP submissions for the 2012 PM2.5 NAAQS.
    The other five sets of comments we received all discuss subjects 
outside the scope of an infrastructure SIP action, do not explain (or 
provide a legal basis for) how the proposed action should differ in any 
way, and, indeed, make no specific mention of the proposed action. 
Consequently, those five sets of comments are not germane to this 
rulemaking and require no further response.

III. Final Action

    EPA is approving New Hampshire's December 2015 and June 2016 
infrastructure SIP submissions for the 2012 PM2.5 NAAQS, 
except for Section

[[Page 62465]]

110(a)(2)(K) (regarding air quality modeling and data), which EPA will 
address in a later rulemaking.

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);
     This action is not an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866;
     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 (Pub. L. 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 February 4, 2019. 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, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: November 28, 2018.
Alexandra Dunn,
 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. Amend Sec.  52.1520 in the table in paragraph (e) by adding an entry 
for ``Submittals to meet Section 110(a)(2) Infrastructure Requirements 
for the 2012 PM2.5 NAAQS'' at the end of the table to read 
as follows:


Sec.  52.1520  Identification of plan.

* * * * *
    (e) * * *

                                           New Hampshire NonRegulatory
----------------------------------------------------------------------------------------------------------------
                                      Applicable        State submittal
    Name of nonregulatory SIP        geographic or      date/ effective    EPA approved date     Explanations
            provision             nonattainment area         date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Submittals to meet Section        Statewide.........  12/22/2015;         12/4/2018, [Insert  These submittals
 110(a)(2) Infrastructure                              supplement          Federal Register    are approved with
 Requirements for the 2012 PM2.5                       submitted 6/8/      citation].          respect to the
 NAAQS.                                                2016.                                   following CAA
                                                                                               requirements:
                                                                                               110(a)(2)(A),
                                                                                               (B), (C), (D),
                                                                                               (E), (F), (G),
                                                                                               (H), (J), (L),
                                                                                               and (M).
----------------------------------------------------------------------------------------------------------------


[[Page 62466]]

[FR Doc. 2018-26284 Filed 12-3-18; 8:45 am]
 BILLING CODE 6560-50-P



     62464            Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations

     40 CFR Part 721                                         material, such as copyrighted material,                   variance’’ or ‘‘director’s discretion’’ that
       Environmental protection, Chemicals,                  is not placed on the internet and will be                 purport to permit revisions to SIP-
     Hazardous substances, Reporting and                     publicly available only in hard copy                      approved emissions limits with limited
     recordkeeping requirements.                             form. Publicly available docket                           public process or without requiring
                                                             materials are available at https://                       further approval by EPA, that may be
       Dated: November 19, 2018.                             www.regulations.gov or at the U.S.                        contrary to the CAA (‘‘director’s
     Lance Wormell,                                          Environmental Protection Agency, EPA                      discretion’’); and, (iii) existing
     Acting Director, Chemical Control Division,             New England Regional Office, Office of                    provisions for Prevention of Significant
     Office of Pollution Prevention and Toxics.              Ecosystem Protection, Air Quality                         Deterioration (PSD) programs that may
     ■Accordingly, the amendments to 40                      Planning Unit, 5 Post Office Square–                      be inconsistent with current
     CFR parts 9 and 721 published on                        Suite 100, Boston, MA. EPA requests                       requirements of EPA’s ‘‘Final New
     October 3, 2018 (83 FR 49806), are                      that if at all possible, you contact the                  Source Review (NSR) Improvement
     withdrawn effective December 3, 2018.                   contact listed in the FOR FURTHER                         Rule,’’ 67 FR 80186 (December 31,
                                                             INFORMATION CONTACT section to                            2002), as amended by 72 FR 32526 (June
     [FR Doc. 2018–26358 Filed 12–3–18; 8:45 am]
                                                             schedule your inspection. The Regional                    13, 2007) (‘‘NSR Reform’’). Instead, EPA
     BILLING CODE 6560–50–P                                                                                            has the authority to address each of
                                                             Office’s official hours of business are
                                                             Monday through Friday, 8:30 a.m. to                       these substantive areas separately. A
                                                             4:30 p.m., excluding legal holidays.                      detailed history, interpretation, and
     ENVIRONMENTAL PROTECTION                                                                                          rationale for EPA’s approach to
     AGENCY                                                  FOR FURTHER INFORMATION CONTACT:
                                                             Alison C. Simcox, Air Quality Unit, U.S.                  infrastructure SIP requirements can be
     40 CFR Part 52                                          Environmental Protection Agency, EPA                      found in EPA’s May 13, 2014, proposed
                                                             New England Regional Office, 5 Post                       rule entitled, ‘‘Infrastructure SIP
     [EPA–R01–OAR–2017–0344; FRL–9986–82–                                                                              Requirements for the 2008 Lead
     Region 1]
                                                             Office Square–Suite 100, (Mail code
                                                             OEP05–2), Boston, MA 02109–3912, tel.                     NAAQS’’ in the section, ‘‘What is the
                                                             (617) 918–1684; simcox.alison@epa.gov.                    scope of this rulemaking?’’ See 79 FR
     Air Plan Approval; New Hampshire;                                                                                 27241 at 27242–45.
     Infrastructure State Implementation                     SUPPLEMENTARY INFORMATION:
                                                                                                                         The rationale for EPA’s proposed
     Plan Requirements for the 2012 PM2.5                    Throughout this document whenever                         action is explained in the NPRM and
     NAAQS                                                   ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean               will not be restated here.
                                                             EPA.
     AGENCY:  Environmental Protection                                                                                 II. Response to Comments
     Agency (EPA).                                           Table of Contents
                                                                                                                          EPA received six sets of comments
     ACTION: Final rule.                                     I. Background and Purpose                                 during the comment period. Only one
                                                             II. Response to Comments
     SUMMARY:    The Environmental Protection                                                                          set includes significant, adverse
                                                             III. Final Action
     Agency (EPA) is approving two State                     IV. Statutory and Executive Order Reviews                 comment, and it relates solely to section
     Implementation Plan (SIP) submissions                                                                             110(a)(2)(K) of the Act (regarding air
     from New Hampshire that address the                     I. Background and Purpose                                 quality modeling and data). In the
     infrastructure SIP requirements,                           On April 10, 2018 (83 FR 15343), EPA                   NPRM, EPA proposed to approve
     including the interstate transport                      published a Notice of Proposed                            NHDES’ submissions for the 2012 PM2.5
     requirements, of the Clean Air Act (CAA                 Rulemaking (NPRM) for the State of                        NAAQS for the infrastructure
     or Act) for the 2012 fine particle (PM2.5)              New Hampshire. The NPRM proposed                          requirements of Section 110(a)(2)(A)
     National Ambient Air Quality Standards                  approval of two SIP submissions from                      through (M), including (K). In this
     (NAAQS). The approval does not                          the New Hampshire Department of                           rulemaking, EPA is finalizing the
     address CAA section 110(a)(2)(K)                        Environmental Services (NHDES),                           approval of New Hampshire’s
     (regarding air quality modeling and                     which included an infrastructure SIP                      submissions for the infrastructure
     data), which EPA will address in a later                submission for the 2012 fine particle                     requirements of section 110(a)(2)(A)
     rulemaking. The infrastructure SIP                      (PM2.51) National Ambient Air Quality                     through (M), except (K). EPA will take
     requirements are designed to ensure that                Standard (NAAQS) submitted by the                         separate action at a later date addressing
     the structural components of each                       state on December 22, 2015, and a                         these comments and the section
     state’s air quality management program                  separate SIP submission addressing the                    110(a)(2)(K) requirements for New
     are adequate to meet the state’s                        ‘‘Good Neighbor’’ (or ‘‘transport’’)                      Hampshire’s infrastructure SIP
     responsibilities with respect to this                   provisions for the 2012 PM2.5 NAAQS                       submissions for the 2012 PM2.5 NAAQS.
     NAAQS under the CAA, including the                      (Section 110(a)(2)(D)(i)(I) of the CAA)                      The other five sets of comments we
     obligations related to transport. The                   submitted by the state on June 8, 2016.                   received all discuss subjects outside the
     EPA is taking this action under the                        This rulemaking does not cover three                   scope of an infrastructure SIP action, do
     Clean Air Act.                                          substantive areas that are not integral to                not explain (or provide a legal basis for)
                                                             acting on a state’s infrastructure SIP                    how the proposed action should differ
     DATES: This rule is effective on January
                                                             submission: (i) Existing provisions                       in any way, and, indeed, make no
     3, 2019.                                                                                                          specific mention of the proposed action.
                                                             related to excess emissions during
     ADDRESSES: EPA has established a                                                                                  Consequently, those five sets of
                                                             periods of start-up, shutdown, or
     docket for this action under Docket                     malfunction at sources (‘‘SSM’’                           comments are not germane to this
     Identification No. EPA–R01–OAR–                         emissions) that may be contrary to the                    rulemaking and require no further
     2017–0344. All documents in the docket                  CAA and EPA’s policies addressing                         response.
     are listed on the https://                              such excess emissions; (ii) existing
     www.regulations.gov website. Although                                                                             III. Final Action
                                                             provisions related to ‘‘director’s
     listed in the index, some information is                                                                             EPA is approving New Hampshire’s
     not publicly available, i.e., CBI or other                1 PM                                                    December 2015 and June 2016
                                                                     2.5 refers to particulate matter of 2.5 microns
     information whose disclosure is                         or less in diameter, often referred to as ‘‘fine’’        infrastructure SIP submissions for the
     restricted by statute. Certain other                    particles.                                                2012 PM2.5 NAAQS, except for Section


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                      Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations                                                  62465

     110(a)(2)(K) (regarding air quality                       safety risks subject to Executive Order                this action must be filed in the United
     modeling and data), which EPA will                        13045 (62 FR 19885, April 23, 1997);                   States Court of Appeals for the
     address in a later rulemaking.                               • Is not a significant regulatory action            appropriate circuit by February 4, 2019.
                                                               subject to Executive Order 13211 (66 FR                Filing a petition for reconsideration by
     IV. Statutory and Executive Order                         28355, May 22, 2001);                                  the Administrator of this final rule does
     Reviews                                                      • Is not subject to requirements of                 not affect the finality of this action for
        Under the Clean Air Act, the                           Section 12(d) of the National                          the purposes of judicial review nor does
     Administrator is required to approve a                    Technology Transfer and Advancement                    it extend the time within which a
     SIP submission that complies with the                     Act of 1995 (15 U.S.C. 272 note) because               petition for judicial review may be filed,
     provisions of the Act and applicable                      application of those requirements would                and shall not postpone the effectiveness
     Federal regulations. 42 U.S.C. 7410(k);                   be inconsistent with the Clean Air Act;                of such rule or action. This action may
     40 CFR 52.02(a). Thus, in reviewing SIP                   and                                                    not be challenged later in proceedings to
     submissions, EPA’s role is to approve                        • Does not provide EPA with the                     enforce its requirements. (See section
     state choices, provided that they meet                    discretionary authority to address, as                 307(b)(2).)
     the criteria of the Clean Air Act.                        appropriate, disproportionate human
     Accordingly, this action merely                           health or environmental effects, using                 List of Subjects in 40 CFR Part 52
     approves state law as meeting Federal                     practicable and legally permissible                      Environmental protection, Air
     requirements and does not impose                          methods, under Executive Order 12898                   pollution control, Carbon monoxide,
     additional requirements beyond those                      (59 FR 7629, February 16, 1994).                       Incorporation by reference,
     imposed by state law. For that reason,                       In addition, the SIP is not approved                Intergovernmental relations, Lead,
     this action:                                              to apply on any Indian reservation land                Nitrogen dioxide, Ozone, Particulate
                                                               or in any other area where EPA or an
        • Is not a significant regulatory action                                                                      matter, Reporting and recordkeeping
                                                               Indian tribe has demonstrated that a
     subject to review by the Office of                                                                               requirements, Sulfur oxides, Volatile
                                                               tribe has jurisdiction. In those areas of
     Management and Budget under                                                                                      organic compounds.
                                                               Indian country, the rule does not have
     Executive Orders 12866 (58 FR 51735,                                                                               Dated: November 28, 2018.
                                                               tribal implications and will not impose
     October 4, 1993) and 13563 (76 FR 3821,                                                                          Alexandra Dunn,
                                                               substantial direct costs on tribal
     January 21, 2011);
                                                               governments or preempt tribal law as                   Regional Administrator, EPA Region 1.
        • This action is not an Executive                      specified by Executive Order 13175 (65
     Order 13771 regulatory action because                                                                              Part 52 of chapter I, title 40 of the
                                                               FR 67249, November 9, 2000).                           Code of Federal Regulations is amended
     this action is not significant under                         The Congressional Review Act, 5
     Executive Order 12866;                                                                                           as follows:
                                                               U.S.C. 801 et seq., as added by the Small
        • Does not impose an information                       Business Regulatory Enforcement                        PART 52—APPROVAL AND
     collection burden under the provisions                    Fairness Act of 1996, generally provides               PROMULGATION OF
     of the Paperwork Reduction Act (44                        that before a rule may take effect, the                IMPLEMENTATION PLANS
     U.S.C. 3501 et seq.);                                     agency promulgating the rule must
        • Is certified as not having a                         submit a rule report, which includes a                 ■ 1. The authority citation for part 52
     significant economic impact on a                          copy of the rule, to each House of the                 continues to read as follows:
     substantial number of small entities                      Congress and to the Comptroller General                    Authority: 42 U.S.C. 7401 et seq.
     under the Regulatory Flexibility Act (5                   of the United States. EPA will submit a
     U.S.C. 601 et seq.);                                      report containing this action and other                Subpart EE—New Hampshire
        • Does not contain any unfunded                        required information to the U.S. Senate,
     mandate or significantly or uniquely                      the U.S. House of Representatives, and                 ■  2. Amend § 52.1520 in the table in
     affect small governments, as described                    the Comptroller General of the United                  paragraph (e) by adding an entry for
     in the Unfunded Mandates Reform Act                       States prior to publication of the rule in             ‘‘Submittals to meet Section 110(a)(2)
     of 1995 (Pub. L. 104–4);                                  the Federal Register. A major rule                     Infrastructure Requirements for the 2012
        • Does not have Federalism                             cannot take effect until 60 days after it              PM2.5 NAAQS’’ at the end of the table
     implications as specified in Executive                    is published in the Federal Register.                  to read as follows:
     Order 13132 (64 FR 43255, August 10,                      This action is not a ‘‘major rule’’ as
     1999);                                                    defined by 5 U.S.C. 804(2).                            § 52.1520    Identification of plan.
        • Is not an economically significant                      Under section 307(b)(1) of the Clean                *       *    *      *      *
     regulatory action based on health or                      Air Act, petitions for judicial review of                  (e) * * *
                                                                  NEW HAMPSHIRE NONREGULATORY
     Name of nonregulatory SIP         Applicable geographic or                 State submittal date/           EPA approved date                    Explanations
             provision                   nonattainment area                        effective date


              *                       *                          *                       *                       *                    *                      *
     Submittals to meet Section       Statewide ..........................   12/22/2015; supplement          12/4/2018, [Insert Federal    These submittals are ap-
       110(a)(2) Infrastructure                                                submitted 6/8/2016.             Register citation].           proved with respect to
       Requirements for the                                                                                                                  the following CAA re-
       2012 PM2.5 NAAQS.                                                                                                                     quirements:
                                                                                                                                             110(a)(2)(A), (B), (C),
                                                                                                                                             (D), (E), (F), (G), (H),
                                                                                                                                             (J), (L), and (M).




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     62466            Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations

     [FR Doc. 2018–26284 Filed 12–3–18; 8:45 am]                On page 58188, in the second column,               available only in hard copy form.
     BILLING CODE 6560–50–P                                  under the heading entitled DATES                      Publicly available docket materials are
                                                             remove the text ‘‘Written comments                    available either electronically through
                                                             must be received on or before December                www.regulations.gov or in hard copy at
     ENVIRONMENTAL PROTECTION                                19, 2018.’’ and add in its place the text             the Air Regulatory Management Section,
     AGENCY                                                  ‘‘This final rule is effective on December            Air Planning and Implementation
                                                             19, 2018.’’.                                          Branch, Air, Pesticides and Toxics
     40 CFR Part 52                                                                                                Management Division, U.S.
                                                               Dated: November 28, 2018.
     [EPA–R01–OAR–2018–0099; FRL–9986–97–                                                                          Environmental Protection Agency,
                                                             Alexandra Dunn,
     Region 1]                                                                                                     Region 4, 61 Forsyth Street SW, Atlanta,
                                                             Regional Administrator, EPA Region 1.                 Georgia 30303–8960. EPA requests that
     Air Plan Approval; Connecticut;                         [FR Doc. 2018–26286 Filed 12–3–18; 8:45 am]           if at all possible, you contact the person
     Volatile Organic Compound Emissions                     BILLING CODE 6560–50–P                                listed in the FOR FURTHER INFORMATION
     From Consumer Products and                                                                                    CONTACT section to schedule your
     Architectural and Industrial                                                                                  inspection. The Regional Office’s
     Maintenance Coatings; Correction                        ENVIRONMENTAL PROTECTION                              official hours of business are Monday
                                                             AGENCY                                                through Friday 8:30 a.m. to 4:30 p.m.,
     AGENCY:  Environmental Protection
                                                                                                                   excluding Federal holidays.
     Agency (EPA).                                           40 CFR Part 52
                                                                                                                   FOR FURTHER INFORMATION CONTACT:
     ACTION: Final rule; correction.                         [EPA–R04–OAR–2018–0116; FRL–9987–12–                  Tiereny Bell, Air Regulatory
     SUMMARY:   This document corrects the                   Region 4]                                             Management Section, Air Planning and
     preamble in the DATES section to a final                                                                      Implementation Branch, Pesticides and
                                                             Air Plan Approval; Georgia; Revisions                 Toxics Management Division, Region 4,
     rule published in the Federal Register                  To VOC Definitions and Ambient Air
     on November 19, 2018. The                                                                                     U.S. Environmental Protection Agency,
                                                             Quality Standards                                     61 Forsyth Street SW, Atlanta, Georgia
     Environmental Protection Agency (EPA)
     published a final rule approving                        AGENCY:  Environmental Protection                     30303–8960. The telephone number is
     Connecticut’s State Implementation                      Agency (EPA).                                         (404) 562–9088. Ms. Bell can also be
     Plan (SIP) revision that amended                        ACTION: Final rule.                                   reached via electronic mail at
     requirements for controlling volatile                                                                         bell.tiereny@epa.gov.
     organic compound (VOC) emissions                        SUMMARY:    On November 13, 2017, the                 SUPPLEMENTARY INFORMATION:
     from consumer products and                              State of Georgia through the Georgia
                                                             Environmental Protection Division                     I. Background
     architectural and industrial
     maintenance (AIM) coatings by revising                  (EPD), submitted a revision to the                       On July 17, 2018 (83 FR 33168), EPA
     Regulations of Connecticut State                        Georgia State Implementation Plan                     proposed to approve into the Georgia
     Agencies (RCSA) sections 22a–174–40,                    (SIP). The Environmental Protection                   SIP changes to Georgia’s air quality rule
     22a–174–41, and adding section 22a–                     Agency (EPA) is approving changes to                  391–3–1–.01, ‘‘Definitions’’ and rule
     174–41a.                                                several portions of the revision that                 391–3–1–.02(4), ‘‘Ambient Air
     DATES: This final rule correction is                    modifies the State’s air quality                      Standards’’ submitted by the State of
     effective on December 4, 2018.                          regulations as incorporated into the SIP.             Georgia through the Georgia EPD on
                                                             Specifically, the revision pertains to                November 13, 2017. EPA’s July 17,
     FOR FURTHER INFORMATION CONTACT:
                                                             definition changes, including the                     2018, rulemaking did not propose action
     Ariel Garcia, Air Quality Planning Unit,                                                                      on Georgia’s air quality rules 391–3–1–
     U.S. Environmental Protection Agency,                   modification of the definition of
                                                             ‘‘volatile organic compounds’’ (VOC)                  .03(6), ‘‘Exemption’’ under permits and
     EPA Region 1 Regional Office, 5 Post                                                                          rule 391–3–1–.0(7)(a)(1), ‘‘General
     Office Square, Suite 100 (Mail code:                    and changes to the State’s air quality
                                                             standards for sulfur dioxide, particulate             Requirements’’ under Prevention of
     OEP05–2), Boston, MA 02109–3912,                                                                              Significant Deterioration (PSD). EPA
     telephone number: (617) 918–1660,                       matter, carbon monoxide, ozone, lead
                                                             and nitrogen dioxide to be consistent                 will address these changes in a separate
     email garcia.ariel@epa.gov.                                                                                   notice. Additionally, EPA’s July 17,
                                                             with the National Ambient Air Quality
     SUPPLEMENTARY INFORMATION: The EPA                                                                            2018, rulemaking did not propose action
                                                             Standard (NAAQS). EPA is approving
     issued a final rule in the Federal                                                                            on Georgia’s air quality rule 391–3–1–
                                                             these provisions of the SIP revision
     Register on November 19, 2018 (83 FR                                                                          .02(7)(a)2(ix), ‘‘Regulated NSR
                                                             because the State has demonstrated that
     58188). An error occurred in the DATES                                                                        pollutant’’ under PSD, and rule 391–3–
                                                             the changes are consistent with the
     section where it erroneously stated that                                                                      1–.03(8)(c)(16), ‘‘Additional Provisions
                                                             Clean Air Act (CAA or Act).
     ‘‘Written comments must be received on                                                                        for PM2.5 Non-attainment Areas’’ under
     or before December 19, 2018.’’ The EPA                  DATES: This rule will be effective
                                                             January 3, 2019.                                      permits.1
     previously provided an opportunity for                                                                           The November 13, 2017, SIP revision
     written comments, on our proposed                       ADDRESSES: EPA has established a
                                                                                                                   changes Rule 391–3–1–.01,
     approval of Connecticut’s SIP revision,                 docket for this action under Docket                   ‘‘Definitions’’ by adding t-Butyl acetate
     in a proposed rule issued in the Federal                Identification No. EPA–R04–OAR–                       (also known as tertiary butyl acetate or
     Register on June 4, 2018 (83 FR 25615).                 2018–0116. All documents in the docket                TBAC) and 1,1,2,2-Tetrafluoro-1-(2,2,2-
     Therefore, this corrective action merely                are listed on the www.regulations.gov                 trifluoroethoxy) ethane to the list of
     designates the Final rule as being                      website. Although listed in the index,
     effective on December 19, 2018.                         some information is not publicly                         1 The State withdrew Rule 391–3–1–.02(7)(a)2(ix),
                                                             available, i.e., Confidential Business                ‘‘Regulated NSR pollutant’’ and Rule 391–3–1–
     Correction                                              Information or other information whose                .03(8)(c)(16), ‘‘Additional Provisions for PM2.5 Non-
       In FR Doc. 2018–24895 appearing on                    disclosure is restricted by statute.                  Attainment Areas’’ on December 1, 2016, and July
                                                                                                                   26, 2017, respectively. The State also acknowledges
     page 58188 in the Federal Register of                   Certain other material, such as                       this in the response to comment of the pre-hearing
     Monday, November 19, 2018, the                          copyrighted material, is not placed on                in the November 13, 2017, submittal. The
     following correction is made:                           the internet and will be publicly                     information is in the Docket.



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Document Created: 2018-12-04 00:42:51
Document Modified: 2018-12-04 00:42:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on January 3, 2019.
ContactAlison C. Simcox, Air Quality Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square-Suite 100, (Mail code OEP05-2), Boston, MA 02109- 3912, tel. (617) 918-1684; [email protected]
FR Citation83 FR 62464 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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