Approval and Promulgation of Air Quality Implementation Plans: Revised Format for Materials Being Incorporated by Reference for New Hampshire
Federal Register: September 30, 2009 (Volume 74, Number 188)
Rules and Regulations
Page 50118-50129
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr30se09-5
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52
NH-041-7013a; A-1-FRL-8955-9
Approval and Promulgation of Air Quality Implementation Plans;
Revised Format for Materials Being Incorporated by Reference for New
Hampshire
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notice of administrative change.
SUMMARY: EPA is revising the format of its regulations for materials submitted by the State of New Hampshire that are incorporated by reference (IBR) into its State Implementation Plan (SIP). The regulations affected by this format change have all been previously submitted by New Hampshire and approved by EPA.
DATES: Effective Date: This rule is effective on September 30, 2009.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, Suite 1100, 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 to 4:30, excluding legal holidays.
An electronic copy of the New Hampshire regulations we have approved for incorporation into the SIP are also available by accessing http://www.epa.gov/ne/topics/air/sips.html. A hard copy of the regulatory and source-specific portions of the compilation will also be maintained at the Air and Radiation Docket and Information Center, EPA
West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460 and the National Archives and Records Administration (NARA). If you wish to obtain materials from a docket in the EPA Headquarters
Library, please call the Office of Air and Radiation (OAR) Docket/
Telephone number (202) 566-1742. For information on the availability of this material at NARA, call (202) 741-6030, or go to: http:// www.archives.gov/federal_register/code_of_federal_regulations/ibr_ locations.html.
FOR FURTHER INFORMATION CONTACT: Donald O. Cooke, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, One Congress Street, Suite 1100 (CAQ), Boston, MA 02114-2023, telephone number (617) 918-1668, fax number (617) 918-0668, e-mail cooke.donald@epa.gov.
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.
-
Change of IBR Format
-
Description of a SIP
-
How EPA Enforces the SIP
-
How the State and EPA Update the SIP
-
How EPA Compiles the SIP
-
How EPA Organizes the SIP Compilation
-
Where You Can Find a Copy of the SIP Compilation
-
The Format of the New Identification of Plan Section
-
When a SIP Revision Becomes Federally Enforceable
-
-
The Historical Record of SIP Revision Approvals
-
What EPA Is Doing in This Action
-
Good Cause Exemption
-
Statutory and Executive Order Reviews
-
General Requirements
-
Submission to Congress and the Comptroller General
-
Petitions for Judicial Review
-
-
Change of IBR Format
This format revision will affect the ``Identification of plan'' section of 40 CFR part 52, as well as the format of the SIP materials that will be available for public inspection at the National Archives and Records Administration (NARA); the Air and Radiation Docket and
Information Center located at EPA Headquarters in Washington, DC, and the EPA New England Regional Office.
-
Description of a SIP
Each state has a SIP containing the control measures and strategies used to attain and maintain the national ambient air quality standards
(NAAQS) and achieve certain other Clean Air Act (Act) requirements
(e.g., visibility requirements and prevention of significant deterioration). The SIP is extensive, containing such elements as air pollution control regulations, emission inventories, monitoring network descriptions, attainment demonstrations, and enforcement mechanisms.
-
How EPA Enforces the SIP
Each SIP revision submitted by New Hampshire must be adopted at the state level after undergoing reasonable notice and opportunity for public comment. SIPs submitted to EPA to attain or maintain the NAAQS must include enforceable emission limitations and other control measures, schedules and timetables for compliance.
EPA evaluates submitted SIPs to determine if they meet the Act's requirements. If a SIP meets the Act's requirements, EPA will approve the SIP. EPA's notice of approval is published in the Federal Register and the approval is then codified in the Code of Federal Regulations
(CFR) at 40 CFR part 52. Once EPA approves a SIP, it is enforceable by
EPA and citizens in Federal district court.
We do not reproduce in 40 CFR part 52 the full text of the New
Hampshire regulations that we have approved; instead, we incorporate them by reference (``IBR''). We approve a given state regulation with a specific effective date and then refer the public to the location(s) of the full text version of the state regulation(s) should they want to know which measures are contained in a given SIP (see ``I.F. Where You
Can Find a Copy of the SIP Compilation'').
-
How the State and EPA Update the SIP
The SIP is a living document which the state can revise as necessary to address the unique air pollution problems in the state.
Therefore, EPA from time to time must take action on SIP revisions containing new and/or revised regulations.
On May 22, 1997 (62 FR 27968), EPA announced revised procedures for incorporating by reference federally approved SIPs. The procedures announced included: (1) A new process for incorporating by reference material submitted by states into compilations and a process for updating those compilations on roughly an annual basis; (2) a revised mechanism for announcing EPA approval of revisions to an applicable SIP and updating both the compilations and the CFR; and (3) a revised format for the ``Identification of plan'' sections for each applicable subpart to reflect these revised IBR procedures.
-
How EPA Compiles the SIP
We have organized into a compilation the federally-approved regulations, source-specific requirements and nonregulatory provisions we have approved into the SIP. We maintain hard copies of the compilation in
Page 50119
binders and we primarily update these binders on an annual basis.
-
How EPA Organizes the SIP Compilation
Each compilation contains three parts. Part one contains the state regulations, part two contains the source-specific requirements that have been approved as part of the SIP (if any), and part three contains nonregulatory provisions that we have approved. Each compilation contains a table of identifying information for each regulation, each source-specific requirement, and each nonregulatory provision. The state effective dates in the tables indicate the date of the most recent revision to a particular regulation. The table of identifying information in the compilation corresponds to the table of contents published in 40 CFR part 52 for the state. The EPA Regional Offices have the primary responsibility for ensuring accuracy and updating the compilations.
-
Where You Can Find a Copy of the SIP Compilation
EPA New England developed and will maintain a hard copy of the compilation for New Hampshire. An electronic copy of the New Hampshire regulations we have approved are available on the following Web site: http://www.epa.gov/ne/topics/air/sips.html. A hard copy of the regulatory and source-specific portions of the compilation will also be maintained at the Air and Radiation Docket and Information Center, EPA
West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460; and National Archives and Records Administration (NARA). If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number (202) 566-1742. For information on the availability of this material at NARA, call (202) 741-6030, or go to: http:// www.archives.gov/federal_register/code_of_federal_regulations/ibr_ locations.html.
-
The Format of the New Identification of Plan Section
In order to better serve the public, EPA has revised the organization of the ``Identification of plan'' section in 40 CFR part 52 and included additional information to clarify the elements of the
SIP.
The revised Identification of plan section for New Hampshire contains five subsections: 1. Purpose and scope (see 40 CFR 52.1520(a)); 2. Incorporation by reference (see 40 CFR 52.1520(b)); 3. EPA-approved regulations (see 40 CFR 52.1520(c)); 4. EPA-approved source-specific requirements (see 40 CFR 52.1520(d)); and 5. EPA-approved nonregulatory provisions such as transportation control measures, statutory provisions, monitoring networks, etc. (see 40 CFR 52.1520(e)).
-
When a SIP Revision Becomes Federally Enforceable
All revisions to the applicable SIP are federally enforceable as of the effective date of EPA's approval of the respective revisions. In general, SIP revisions become effective 30 to 60 days after publication of EPA's SIP approval action in the Federal Register. In specific cases, a SIP revision action may become effective less than 30 days or greater than 60 days after the Federal Register publication date. In order to determine the effective date of EPA's approval for a specific
New Hampshire SIP provision that is listed in paragraph 40 CFR 52.1520
(c), (d), or (e), consult the volume and page of the Federal Register cited in the ``EPA approval date'' column of 40 CFR 52.1520 for that particular provision.
-
-
The Historical Record of SIP Revision Approvals
To facilitate enforcement of previously approved SIP provisions and to provide a smooth transition to the new SIP processing system, we are retaining the original Identification of plan section (see 40 CFR 52.1535). This section previously appeared at 40 CFR 52.1520. After an initial two-year period, we will review our experience with the new table format and will decide whether or not to retain the original
Identification of plan section (40 CFR 52.1535) for some further period.
-
What EPA Is Doing in This Action
Today's action constitutes a ``housekeeping'' exercise to reformat the codification of the EPA-approved New Hampshire SIP.
-
Good Cause Exemption
EPA has determined that today's action falls under the ``good cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon a finding of ``good cause,'' authorizes agencies to dispense with public participation, and section 553(d)(3), which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). Today's action simply reformats the codification of provisions which are already in effect as a matter of law.
Under section 553 of the APA, an agency may find good cause where procedures are ``impractical, unnecessary, or contrary to the public interest.'' Public comment is ``unnecessary'' and ``contrary to the public interest'' since the codification only reflects existing law.
Likewise, there is no purpose served by delaying the effective date of this action.
-
Statutory and Executive Order Reviews
-
General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and is therefore not subject to review by the Office of Management and Budget. This rule is not subject to Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. Because the agency has made a ``good cause'' finding that this action is not subject to notice-and-comment requirements under the Administrative Procedure Act or any other statute as indicated in the Supplementary Information section above, it is not subject to the regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not significantly or uniquely affect small governments or impose a significant intergovernmental mandate, as described in sections 203 and 204 of UMRA. This rule also does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the
Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant. This rule does not involve technical standards; thus
Page 50120
the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. The rule also does not involve special consideration of environmental justice related issues as required by Executive Order 12898 (59 FR 7629,
February 16, 1994). In issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct, as required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996). EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1998) by examining the takings implications of the rule in accordance with the ``Attorney General's Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued under the executive order. This rule does not impose an information collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). EPA's compliance with these statutes and Executive
Orders for the underlying rules is discussed in previous actions taken on the State's rules.
-
Submission to Congress and the Comptroller General
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. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the
Congressional Review Act if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. Today's action simply reformats the codification of provisions which are already in effect as a matter of law, 5 U.S.C. 808(2). As stated previously, EPA has made such a good cause finding, including the reasons therefore, and established an effective date of September 30, 2009. EPA will submit a report containing this rule 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.
These corrections to the Identification of plan for New Hampshire is not a ``major rule'' as defined by 5 U.S.C. 804(2).
-
Petitions for Judicial Review
EPA has also determined that the provisions of section 307(b)(1) of the Clean Air Act pertaining to petitions for judicial review are not applicable to this action. Prior EPA rulemaking actions for each individual component of the New Hampshire SIP compilation had previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus,
EPA sees no need to reopen the 60-day period for filing such petitions for judicial review for this reorganization of the ``Identification of plan'' section of 40 CFR 52.1520 for New Hampshire.
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: September 2, 2009.
Ira W. Leighton,
Acting Regional Administrator, EPA New England. 0
Part 52 of chapter I, title 40, Code of Federal Regulations, is amended as follows:
PART 52--[AMENDED] 0 1. The authority for citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart EE--New Hampshire
Sec. 52.1520 [Redesignated as Sec. 52.1535] 0 2. Section 52.1520 is redesignated as Sec. 52.1535 and the section heading and paragraph (a) are revised to read as follows:
Sec. 52.1535 Original identification of plan section.
(a) This section identifies the original ``Air Implementation Plan for the State of New Hampshire'' and all revisions submitted by New
Hampshire that were federally approved prior to August 18, 2009.
* * * * * 0 3. A new Sec. 52.1520 is added to read as follows:
Sec. 52.1520 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan for New Hampshire under section 110 of the Clean
Air Act, 42 U.S.C. 7410 and 40 CFR part 51 to meet national ambient air quality standards or other requirements under the Clean Air Act.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to August 18, 2009, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as submitted by the state to EPA, and notice of any change in the material will be published in the Federal
Register. Entries for paragraphs (c) and (d) of this section with EPA approval dates after August 18, 2009, will be incorporated by reference in the next update to the SIP compilation.
(2) EPA Region 1 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State
Implementation Plan as of August 18, 2009.
(3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, New England Regional
Office, One Congress Street, Suite 1100, Boston, MA 02114-2023; Air and
Radiation Docket and Information Center, EPA West Building, 1301
Constitution Ave., NW., Washington, DC 20460; and the National Archives and Records Administration (NARA). If you wish to obtain materials from the EPA Regional Office, please call (617) 918-1668; for materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket at (202) 566-1742. For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_ regulations/ibr_locations.html.
(c) EPA approved regulations.
Page 50121
EPA-Approved New Hampshire Regulations
State
EPA approval
State citation
Title/subject
effective date
date\1\
Explanations
Env-A 100........................ Organizational
12/24/1990 8/14/1992, 57 FR
Sections Env-A
Rules: Definitions.
36603.
101.21; .27; .33;
.51; .53; .58;
.63; .98; and
Parts Env-A 102 and 103 are not part of the approved SIP.
Env-A 200........................ Procedural Rules...
7/23/2001 10/28/2002, 67 FR
Parts Env-A 206; 65710.
208; and Sections
Env-A 209.01 through 209.04 are not part of the approved SIP.
Env-A 300........................ Ambient Air Quality
4/21/1989 8/19/1994, 59 FR
Part Env-A 304 is
Standards.
42766.
not part of the approved SIP.
Env-A 400........................ Sulfur Content
12/24/1990 8/14/1992, 57 FR
Section Env-A
Limits in Fuels.
36603.
405.05 (c) and
(d); and Part Env-
A 406 are not part of the SIP.
Env-A 600........................ Statewide Permit
7/23/2001 10/28/2002, 67 FR
Sections Env-A
System.
65710.
603.02(p), 603.03(f) and 603.03(g) are not part of the SIP.
Parts Env-A 615 through 621 are not part of the
SIP. Sections Env-
A 622.01(a)(2)(a) and 622.01(a)(2)(b); 622.03; 622.04(a) through 622.04(c); 622.05; 622.07 and 623.02 are not part of the SIP.
Env-A 700........................ Permit Fee System..
12/24/1990 8/14/1992, 57 FR
Approved Parts Env- 36603.
A 701 through 705.
Env-A 800........................ Testing and
8/21/1995 3/10/1998, 63 FR
Approved Parts Env-
Monitoring
11600.
A 801 through 807.
Procedures.
Env-A 900........................ Owner or Operator
8/21/1995 3/10/1998, 63 FR
Approved Sections
Obligations.
11600.
Env-A 901 through 903.
Env-A 1000....................... Prevention,
5/19/1989 8/19/1994, 59 FR
Approved Part Env-A
Abatement, and
42766.
1001.
Control of Open
Source Air
Pollution.
Env-A 1200....................... Prevention,
8/21/1995 7/23/2002, 67 FR
Approved Parts Env-
Abatement, and
48033.
A 1201 through
Control of
1208; and 1211.
Stationary Source
Approval of
Air Pollution.
1201.05 shall not be construed to supersede New
Source Performance
Standards;
National Emission
Standards for
Hazardous Air
Pollutants; and the regulations controlling emissions from major new or modified stationary sources in attainment and non-attainment areas.
Env-A 1500....................... Conformity of
4/19/1996 8/16/1999, 64 FR
Approved Part Env-A
General Federal
44417.
1502.
Actions.
Env-A 3200....................... NOx Budget Trading
7/27/1998 11/14/2000, 65 FR
Approved Parts Env-
Program.
68078.
A 3201 through 3218.
Env-A 3600....................... National Low
7/21/1999 3/9/2000, 65 FR
Approved Parts Env-
Emission Vehicle
12476.
A 3601 through
(National LEV)
3603
Program.
NHCAR, Part Saf-C 3221A.......... Emission Amendments
11/17/1998 1/10/2001, 66 FR
Part Saf-C 3221A to Official Motor
1868.
``Emission
Vehicle Inspection
Amendments to
Requirements..
Official Motor
Vehicle Inspection
Requirements'' adopted on
November 17, 1998.
NHCAR, Part Saf-C 5800........... Roadside Diesel
11/17/1998 1/10/2001, 66 FR
Part Saf-C 5800
Opacity Inspection
1868.
``Roadside Diesel
Program Rules.
Opacity Inspection
Program Rules'' adopted on
November 17, 1998.
\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.
(d) EPA-approved State Source specific requirements.
Page 50122
EPA-Approved New Hampshire Source Specific Requirements
Additional
Name of source
Permit No.
State
EPA approval date explanations/Sec. effective date
\2\
52.1535 citation
The James River--Berlin/Gorham,
...................
5/2/1984 9/27/1984, 49 FR
See 52.1535(c)(33).
Inc. Berlin, NH.
38104.
Administrative order issued May 2, 1984 to the
James River
Corporation.
Operating limits for boilers at
Permit Number PO-B-
1/6/1986 2/2/1987, 52 FR
See 52.1535(c)(35).
Dartmouth College.
1501, condition 5.
3117.
Operating limits for boilers at
Permit Number PO-B-
1/6/1986 2/2/1987, 52 FR
See 52.1535(c)(35).
Dartmouth College.
1502, condition 5.
3117.
Operating limits for boilers at
Permit No. PO-B-
1/6/1986 2/2/1987, 52 FR
See 52.1535(c)(35).
Dartmouth College.
1503, condition 5.
3117.
Operating limits for boilers at
Temporary Permit TP-
1/6/1986 2/2/1987, 52 FR
See 52.1535(c)(35).
Dartmouth College.
B-150, condition
3117. 2, 3 and 4.
The James River Corporation,
Permit Number PO-B-
9/6/1985 12/14/1987, 52 FR
See 52.1535(c)(38).
Groveton, NH.
1550, Conditions
47392.
The air permit 5B, 5C, and 5D.
conditions limit sulfur-in-fuel content to 2.2% sulfur by weight at the James River
Corporation,
Groveton, NH.
The James River Corporation,
Permit Number PO-B-
9/6/1985 12/14/1987, 52 FR
See 52.1535(c)(38).
Groveton, NH.
213, Conditions 2
47392.
The air permit and 5A.
conditions limit sulfur-in-fuel content to 2.2% sulfur by weight at the James River
Corporation,
Groveton, NH.
The James River Corporation,
Permit No. PO-B-
9/6/1985 12/14/1987, 52 FR
See 52.1535(c)(38).
Groveton, NH.
214, Conditions 2
47392.
The air permit and 5A.
conditions limit sulfur-in-fuel content to 2.2% sulfur by weight at the James River
Corporation,
Groveton, NH.
The James River Corporation,
Permit No. PO-B-
9/6/1985 12/14/1987, 52 FR
See 52.1535(c)(38).
Groveton, NH.
215, Conditions 2
47392.
The air permit and 5A.
conditions limit sulfur-in-fuel content to 2.2% sulfur by weight at the James River
Corporation,
Groveton, NH.
The James River Corporation,
Permit No. PO-BP-
9/6/1985 12/14/1987, 52 FR
See 52.1535(c)(38).
Groveton, NH.
2240, Condition 5B.
47392.
The air permit conditions limit sulfur-in-fuel content to 2.2% sulfur by weight at the James River
Corporation,
Groveton, NH.
Source specific NOX RACT order
Order ARD-95-001...
5/10/1995 4/9/1997, 62 FR
See 52.1535(c)(50). for Groveton Paperboard Corp.,
17087.
Groveton, NH.
Source specific NOX RACT order
Order ARD-95-002...
9/12/1995 4/9/1997, 62 FR
See 52.1535(c)(50). for Plymouth Cogeneration Ltd.
17087.
Partnership, Plymouth, NH.
Source specific NOX RACT order
Order ARD-95-003...
9/19/1995 4/9/1997, 62 FR
See 52.1535(c)(50). for Waterville Valley Ski Area
17087.
Ltd., Waterville Valley, NH.
VOC RACT for L.W. Packard and
Order ARD-94-001...
5/5/1995 3/10/1998, 63 FR
See 52.1535(c)(51).
Company, Inc. Ashland, NH.
11600.
VOC RACT for Kalwall Corporation, Order ARD-95-010...
9/10/1996 3/10/1998, 63 FR
See 52.1535(c)(51).
Manchester, NH.
11600.
VOC RACT for Textile Tapes
Order ARD-96-001...
10/4/1996 3/10/1998, 63 FR
See 52.1535(c)(51).
Corporation, Gonic, NH.
11600.
Source specific NOX RACT order
Order ARD-97-001...
4/14/1997 5/13/1998, 63 FR
See 52.1535(c)(54). for Public Service of New
26455.
Hampshire, Bow, NH.
Source specific NOX RACT order
Order ARD-95-011...
5/6/1997 5/13/1998, 63 FR
See 52.1535(c)(54). for Hampshire Chemical
26455.
Corporation, Nashua, NH.
Source specific NOX RACT order
Order ARD-97-003...
9/24/1997 5/13/1998, 63 FR
See 52.1535(c)(54). for Crown Vantage, Berlin, NH.
26455.
Page 50123
Source-specific NOX RACT order
Order ARD-98-001...
7/17/1998 11/14/2000, 65 FR
See 52.1535(c)(64). and discrete emission reduction
68078. protocols for Public Service of
New Hampshire.
VOC RACT for Anheuser-Busch,
Order ARD-00-001...
4/15/2002 7/23/2002, 67 FR
See 52.1535(c)(68).
Merrimack, NH.
48033.
\2\ 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\
``State of New Hampshire
Statewide..........
1/27/1972 5/31/1972, 37 FR
The plan was
Implementation Plan''.
10842.
officially submitted on
January 27, 1972.
Miscellaneous non-regulatory
Statewide..........
2/23/1972 7/27/1972, 37 FR
See 52.1535(c)(1). additions to the plan correcting
15080. minor deficiencies.
Non-regulatory provisions for
Statewide..........
3/23/1972 7/27/1972, 37 FR
See 52.1535(c)(2). retention and availability of
15080. air quality data.
Attainment dates of national
Statewide..........
8/8/1972 9/22/1972, 37 FR
See 52.1535(c)(3). primary and secondary air
19806. quality standards.
Compliance schedules............. Statewide..........
2/14/1973 6/20/1973, 38 FR
See 52.1535(c)(5). 16144.
Compliance schedules............. Statewide..........
3/22/1973 6/20/1973, 38 FR
See 52.1535(c)(6). 16144.
Revision exempting steam
Statewide..........
4/3/1973 12/14/1973, 38 FR
See 52.1535(c)(7). locomotives from the plan.
34476.
AQMA identification material..... Statewide..........
5/20/1974 6/2/1975, 40 FR
See 52.1535(c)(9). 23746.
Attainment plans to meet the
Statewide..........
5/29/1979 4/11/1980, 45 FR
See 52.1535(c)(12). requirements of Part D for
24869. carbon monoxide for Metropolitan
Manchester and ozone for AQCR 121, programs for the review of construction and operation of new and modified major stationary sources of pollution in both attainment and non- attainment areas and certain miscellaneous provisions.
November 6, 1979 letter from New Statewide..........
11/6/1979 4/11/1980, 45 FR
See 52.1535(c)(12).
Hampshire Assistant Attorney
24869.
General.
March 17, 1980 letter addressing Statewide..........
3/17/1980 4/11/1980, 45 FR
See 52.1535(c)(12). external emission offsets.
24869.
Attainment plans to meet the
Areas designated
9/19/1979 6/23/1980, 45 FR
See 52.1535(c)(13). requirements of Part D for total non-attainment for
41942. suspended particulates and
one or more sulfur dioxide in Berlin, NH.
pollutants.
A plan to provide comprehensive
Statewide..........
2/28/1980 9/9/1980, 45 FR
See 52.1535(c)(15). public participation and an
59313. analysis of the effects of the
New Hampshire 1979 SIP revisions.
A comprehensive air quality
Statewide..........
1/30/80 12/18/1980, 45 FR
See 52.1535(c)(17). monitoring plan, intended to
83227. meet requirements of 40 CFR Part 58.
Page 50124
A plan to attain and maintain the Statewide..........
4/15/1980 7/15/1981, 46 FR
See 52.1535(c)(18).
National Ambient Air Quality
36699.
Standard for lead and to amend the state's air quality standards.
A letter further explaining the
Statewide..........
12/9/1980 7/15/1981, 46 FR
See 52.1535(c)(18). state procedures for review of
36699. new major sources of lead emissions and confirming the use of reference methods.
Revisions to meet the
City of Manchester.
1/12/1981 1/7/1982, 47 FR 763 See 52.1535(c)(19). requirements of Part D and
These revisions certain other sections of the
supplement the
Clean Air Act, as amended, for
1979 CO attainment attaining carbon monoxide
plan. standards in the City of
Manchester.
Revision to the January 12, 1981 City of Manchester.
2/18/1981 1/7/1982, 47 FR 763 See 52.1535(c)(19).
CO Attainment Plan for
Manchester, NH.
Carbon monoxide attainment plan
City of Manchester.
10/5/1982 6/27/1983, 48 FR
See 52.1535 revisions for the City of
29479.
(c)(23).
Manchester which meet the requirements of Part D of the
Act for 1982 SIP revisions.
Revision to the October 5, 1982
City of Manchester.
12/20/1982 6/27/1983, 48 FR
See 52.1535(c)(23).
CO Attainment Plan for
29479.
Manchester, NH.
The TSP Plan to attain primary
Berlin, NH.........
5/9/1984 9/27/1984, 49 FR
See 52.1535(c)(33). standards in Berlin, New
38104.
Hampshire.
Letter from the New Hampshire Air Statewide..........
4/26/1985 9/17/1987, 52 FR
See 52.1535(c)(37).
Resources Commission submitting
35081. revisions to the SIP.
Letter interpreting NH's
Statewide..........
1/20/1986 9/17/1987, 52 FR
See 52.1535(c)(37). regulation for Continuous
35081.
Emission Monitoring Systems.
NH Letter of intent to implement Statewide..........
5/12/1987 9/17/1987, 52 FR
See 52.1535(c)(37). applicable emission limits
35081. required by EPA's New Source
Performance Standard (NSPS).
Letter submitting a revision to
Nashua and 11
9/12/1985 8/25/1988, 53 FR
See 52.1535(c)(39). the CO Attainment Plan for the
surrounding towns.
32391.
Attainment plans
City of Nashua, NH.
for carbon monoxide for the
City of Nashua including an extension of the attainment date to
December 31, 1990.
Narrative submittals, including
Nashua and 11
2/26/1985 8/25/1988, 53 FR
See 52.1535(c)(39). an attainment demonstration for surrounding towns.
32391. carbon monoxide for the City of
Nashua.
Letter identifying extensions to Nashua and 11
12/3/1985 8/25/1988, 53 FR
See 52.1535(c)(39). the Nashua intersection-specific surrounding area.
32391. measures (Build I).
Letter submitting final motor
Nashua and 11
10/7/1986 8/25/1988, 53 FR
See 52.1535(c)(39). vehicle emissions inspection
surrounding towns.
32391.
(I&M) program for the Nashua, NH area.
Page 50125
Letter from Governor John H.
Nashua and 11
3/6/1987 8/25/1988, 53 FR
See 52.1535(c)(39).
Sununu to Michael R. Deland
surrounding towns.
32391. committing to take legislative measures to convert the
Inspection/Maintenance program in the Nashua area to the use of computerized emission analyzers in the event that the program is found to not be achieving the necessary emission reductions.
Letter from NH DES, Air Resources Nashua and 11
5/12/1987 8/25/1988, 53 FR
See 52.1535(c)(39).
Division providing additional
surrounding towns.
32391. information on Nashua intersection-specific traffic flow improvements in Nashua, NH
CO Attainment Plan.
Letter from NH DES, Air Resources Nashua and 11
10/15/1987 8/25/1988, 53 FR
See 52.1535(c)(39).
Division submitting additions to surrounding towns.
32391. the Nashua, NH CO Attainment
Plan.
Letter from the New Hampshire Air Statewide..........
7/6/1989 8/19/1994, 59 FR
See 52.1535(c)(40).
Resources Division dated July 6,
42766. 1989 submitting revisions to the
NH SIP.
Letter from the New Hampshire Air Statewide..........
2/12/1991 8/14/1991, 56 FR
See 52.1535(c)(41).
Resources Division dated
40252.
February 12, 1991 submitting a revision to the NH SIP.
Nonregulatory portions of the
Statewide..........
2/12/1991 8/14/1991, 56 FR
See 52.1535(c)(41).
State submittal.
40252.
Letter from the New Hampshire Air Statewide..........
11/21/1989 6/13/1991, 56 FR
See 52.1535(c)(43).
Resources Division dated
27197.
November 21, 1989 submitting a revision to the NH SIP.
Letter from Robert W. Varney,
Statewide..........
11/21/1989 6/13/1991, 56 FR
See 52.1535(c)(43).
Commissioner of the Department
27197. of Environmental Services of New
Hampshire, to John B. Hammond,
Acting Director of the New
Hampshire Office of Legislative
Services, dated November 15, 1989, adopting final rules.
Letter from the New Hampshire Air Statewide..........
9/12/1990 12/12/1991, 56 FR
See 52.1535(c)(44).
Resources Division dated
64703.
September 12, 1990 submitting a revision to the NH SIP that withdraws nine source-specific operating permits incorporated by reference at 40 CFR 52.1535(c)(21), (c)(25) and
(c)(32).
Letter from the New Hampshire Air Statewide..........
7/2/1991 12/12/1991, 56 FR
See 52.1535(c)(44).
Resources Division dated July 2,
64703. 1991 submitting documentation of a public hearing.
Page 50126
Letter from the New Hampshire Air Statewide..........
2/12/1991 8/14/1992, 57 FR
See 52.1535(c)(45).
Resources Division dated
36603.
February 12, 1991 submitting revisions to the NH SIP.
Letter from the New Hampshire Air Statewide..........
5/7/1991 8/14/1992, 57 FR
See 52.1535(c)(45).
Resources Division dated May 7,
36603. 1991 withdrawing certain portion of the February 12, 1991 SIP submittal.
Letter from the New Hampshire Air Statewide..........
8/20/1991 8/14/1992, 57 FR
See 52.1535(c)(45).
Resources Division dated August
36603. 20, 1991 withdrawing certain portion of the February 12, 1991
SIP submittal.
Letter from the New Hampshire Air Statewide..........
8/26/1991 8/14/1992, 57 FR
See 52.1535(c)(45).
Resources Division dated August
36603. 26, 1991 withdrawing certain portion of the February 12, 1991
SIP submittal.
Letter from the New Hampshire Air Statewide..........
3/6/1992 8/14/1992, 57 FR
See 52.1535(c)(45).
Resources Division dated March
36603. 6, 1992 withdrawing certain portion of the February 12, 1991
SIP submittal.
Letter from the New Hampshire Air Statewide..........
5/6/1992 8/14/1992, 57 FR
See 52.1535(c)(45).
Resources Division dated May 6,
36603. 1992 withdrawing certain portion of the February 12, 1991 SIP submittal.
Letter from the New Hampshire Air Statewide..........
5/15/1992 1/19/1993, 58 FR
See 52.1535(c)(46).
Resources Division dated May 15,
4902.
Revisions to the 1992 submitting a revision to
SIP consisting of the NH SIP.
amendments to
Emission Control
Methods for
Cutback and
Emulsified
Asphalt.
Letter from the New Hampshire Air Statewide..........
5/15/1992 5/25/1993, 58 FR
See 52.1535(c)(47).
Resources Division dated May 15,
29973. 1992 submitting a revision to the NH SIP.
Letter from the New Hampshire Air Statewide..........
12/21/1992 4/9/1997, 62 FR
See 52.1535(c)(49).
Resources Division dated
17087.
December 21, 1992, submitting revisions to the NH SIP.
Letter from the New Hampshire Air Statewide..........
6/17/1994 4/9/1997, 62 FR
See 52.1535(c)(49).
Resources Division dated June
17087. 17, 1994 submitting revisions to the NH SIP.
Letter from the New Hampshire Air Statewide..........
7/7/1995 4/9/1997, 62 FR
See 52.1535(c)(50).
Resources Division dated July 7,
17087. 1995 submitting revisions to the
NH SIP.
Letter from the New Hampshire Air Statewide..........
9/18/1995 4/9/1997, 62 FR
See 52.1535(c)(50).
Resources Division dated
17087.
September 18, 1995 submitting revisions to the NH SIP.
Page 50127
Letter from the New Hampshire Air Statewide..........
10/18/1995 4/9/1997, 62 FR
See 52.1535(c)(50).
Resources Division dated October
17087. 18, 1995, submitting revisions to the NH SIP.
Letter from the New Hampshire Air Gonic, NH..........
12/9/1996 3/10/1998, 63 FR
See 52.1535(c)(51).
Resources Division dated
11600.
December 9, 1996 submitting revisions to the NH SIP.
Letter from the New Hampshire Air Statewide..........
6/28/1996 3/10/1998, 63 FR
See 52.1535(c)(51).
Resources Division dated June
11600. 28, 1996 submitting revisions to the NH SIP.
Letter from the New Hampshire Air Manchester, NH.....
10/24/1996 3/10/1998, 63 FR
See 52.1535(c)(51).
Resources Division dated October
11600. 24, 1996 submitting revisions to the NH SIP.
Letter from the New Hampshire Air Statewide..........
7/10/1995 3/10/1998, 63 FR
See 52.1535(c)(51).
Resources Division dated July
11600. 10, 1995 submitting revisions to the NH SIP.
Letter from the New Hampshire Air Statewide..........
12/21/1992 3/10/1998, 63 FR
See 52.1535(c)(51).
Resources Division dated
11600.
December 21, 1992 submitting revisions to the NH SIP.
Letter dated November 21, 1997
Statewide..........
11/21/1997 3/10/1998, 63 FR
See 52.1535(c)(51). withdrawing Env-A 1204.06 from
11600. the SIP submittal.
NH-DES letter dated December 13, Statewide..........
12/13/1994 10/27/1997, 62 FR
See 52.1535(c)(52). 1994, and signed by Thomas M.
55521.
Noel, Acting Director, NH DES.
State of New Hampshire
Statewide..........
12/13/1994 10/27/1997, 62 FR
See 52.1535(c)(52).
Photochemical Assessment
55521.
Monitoring Stations--Network
Plan--Network Overview.
Letter from the New Hampshire Air Portsmouth-Dover-
8/29/1996 10/27/1997, 62 FR
See 52.1533.
Resources Division dated August
Rochester serious
55521.
Revisions to the 29, 1996 submitting a revision
ozone
SIP for the to the NH SIP.
nonattainment
purpose of area, and the NH
satisfying the portion of the
rate-of-progress
Boston-Lawrence-
requirement of
Worcester serious
section 182(b) and ozone
the contingency nonattainment area.
measure requirement of section 172(c)(9) of the Clean Air
Act.
Letter from the New Hampshire Air Statewide..........
4/14/1997 5/13/1998, 63 FR
See 52.1535(c)(54).
Resources Division dated April
26455. 14, 1997 submitting revisions to the NH SIP.
Letter from the New Hampshire Air Nashua, NH.........
5/6/1997 5/13/1998, 63 FR
See 52.1535(c)(54).
Resources Division dated May 6,
26455. 1997 submitting revisions to the
NH SIP.
Letter from the New Hampshire Air Statewide..........
9/24/1997 5/13/1998, 63 FR
See 52.1535(c)(54).
Resources Division dated
26455.
September 24, 1997 submitting revisions to the NH SIP.
Page 50128
Letter from the New Hampshire Air Statewide..........
7/27/1998 11/14/2000, 65 FR
See 52.1535(c)(57).
Resources Division dated July
68078. 27, 1998 submitting a revision to the NH SIP.
Letter from the New Hampshire Air Statewide..........
11/24/1992 12/7/1998, 63 FR
See 52.1535(c)(58).
Resources Division dated
67405.
November 24, 1992 submitting a revision to the New Hampshire
State Implementation Plan.
New Hampshire Department of
Statewide..........
11/24/1992 12/7/1998, 63 FR
See 52.1535(c)(58).
Environmental Services ``Stage
67405.
II Equivalency Demonstration,'' dated November 1992.
Nonregulatory portions of the
Statewide..........
7/2/1993 12/7/1998, 63 FR
See 52.1535(c)(58). submittal.
67405.
NH's Gasoline
Vapor Recovery
Testing Procedures and Inspection
Manual.
Letter from the New Hampshire Air Statewide..........
11/20/1998 1/10/2001, 66 FR
See 52.1535(c)(59).
Resources Division dated
1868.
November 20, 1998 submitting a revision to the NH SIP.
Letter from the New Hampshire Air Statewide..........
9/4/1998 1/10/2001, 66 FR
See 52.1535(c)(59).
Resources Division dated
1868.
September 4, 1998 submitting a revision to the NH SIP.
Document entitled ``Alternative
Statewide..........
9/4/1998 1/10/2001, 66 FR
See 52.1535(c)(59).
New Hampshire Motor Vehicle
1868.
Inspection/Maintenance State
Implementation Plan Revision'' dated September 4, 1998.
Letter from the New Hampshire Air Statewide..........
8/9/2001 10/28/2002, 67 FR
See 52.1535(c)(60).
Resources Division dated August
65710. 6, 2001 submitting a revision to the NH SIP.
Letter from the New Hampshire Air Statewide..........
4/26/1995 10/28/2002, 67 FR
See 52.1535(c)(60).
Resources Division dated April
65710. 26, 1995 submitting a revision to the NH SIP.
Nonregulatory portions of the
Statewide..........
4/26/1995 10/28/2002, 67 FR
See 52.1535(c)(60).
State submittal..
65710.
Document entitled ``New Hampshire Statewide..........
7/9/1998 9/29/1999, 64 FR
See 52.1535(c)(61).
Stage II Comparability
52434..
Analysis,'' prepared by the New
Hampshire Department of
Environmental Services, dated
July 1, 1998.
Letter from the New Hampshire
Statewide..........
6/7/1994 9/29/1999, 64 FR
See 52.1535(c)(62).
Department of Environmental
52434..
Services dated June 7, 1994 submitting a revision to the NH
SIP.
Document entitled ``Clean Fuel
Statewide..........
6/7/1994 9/29/1999, 64 FR
See 52.1535(c)(62).
Fleet Equivalency
52434..
Demonstration,'' prepared by the
New Hampshire Department of
Environmental Services, dated
May, 1994.
Page 50129
Letter from the New Hampshire
Statewide..........
7/10/1996 8/16/1999, 64 FR
See 52.1535(c)(63).
Department of Environmental
44417.
Services dated July 10, 1996 submitting a revision to the NH
SIP.
Letter from the New Hampshire Air Statewide..........
7/17/1998 11/14/2000, 65 FR
See 52.1535(c)(64).
Resources Division dated July
68078. 17, 1998 submitting Final RACT
Order 98-001 as a revision to the NH SIP.
Letter from the New Hampshire
Statewide..........
8/16/1999 3/9/2000, 65 FR
See 52.1535(c)(65).
Department of Environmental
12476.
Services dated August 16, 1999 submitting the Low Emission
Vehicle program as a revision to the NH SIP.
Letter from the New Hampshire Air Statewide..........
7/29/1993 7/27/2001, 66 FR
See 52.1535(c)(66).
Resources Division dated July
39100. 29, 1993 submitting a revision to the New Hampshire State
Implementation Plan.
Letter from the New Hampshire Air Statewide..........
7/2/1999 7/27/2001, 66 FR
See 52.1535(c)(66).
Resources Division dated July 2,
39100. 1999 submitting a revision to the New Hampshire State
Implementation Plan.
Letter from the New Hampshire
Statewide..........
9/11/1998 7/10/2000, 65 FR
See 52.1535(c)(67).
Department of Environmental
42290.
Services dated September 11, 1998 stating a negative declaration for the aerospace coating operations Control
Techniques Guideline category.
Letter from the DES, dated April Merrimack, NH......
4/15/2002 7/23/2002, 67 FR
See 52.1535(c)(68). 15, 2002, submitting revised
48033.
Anheuser-Busch order to EPA as a
SIP revision and withdrawing previous submittal for this facility dated June 20, 2000.
Letter from the DES, dated March Nashua, NH.........
3/22/2002 7/23/2002, 67 FR
See 52.1535(c)(68). 22, 2002, containing information
48033. on New Filcas of America.
\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. E9-23472 Filed 9-29-09; 8:45 am
BILLING CODE 6560-50-P
-
