[Federal Register Volume 80, Number 241 (Wednesday, December 16, 2015)]
[Rules and Regulations]
[Pages 78135-78141]
[FR Doc No: 2015-31525]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2012-0950; A-1-FRL-9940-15-Region 1]

Air Plan Approval; NH; Infrastructure State Implementation Plan
Requirements for Ozone, Lead, and Nitrogen Dioxide

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of State Implementation Plan (SIP) submissions from New
Hampshire regarding the infrastructure requirements of the Clean Air
Act (CAA or Act) for the 2008 lead, 2008 ozone, and 2010 nitrogen
dioxide National Ambient Air Quality Standards (NAAQS). EPA is also
converting conditional approvals for several infrastructure
requirements for the 1997 and 2006 fine particle (PM2.5)
NAAQS to full approval under the CAA. Furthermore, we are updating the
classification for one of New Hampshire's air quality control regions
for ozone based on recent air quality monitoring data collected by the
state, and are granting the state's request for an exemption from the
infrastructure SIP contingency plan obligation for ozone. Last, we are
conditionally approving certain elements of New Hampshire's submittal
relating to prevention of significant deterioration requirements.
    The infrastructure 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 under the CAA.

DATES: This rule is effective on January 15, 2016.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2012-0950. All documents in the docket
are listed on the http://www.regulations.gov Web site, although some
information, such as confidential business information or other
information whose disclosure is restricted by statute is not publically
available. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available at http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
New England Regional Office, Office of Ecosystem Protection, Air
Quality Planning Unit, 5 Post Office Square, Suite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. Copies of the
documents relevant to this action are also available for public
inspection during normal business hours, by appointment at: Air
Resources Division, Department of Environmental Services, 6 Hazen
Drive, P.O. Box 95, Concord, NH 03302-0095.

FOR FURTHER INFORMATION CONTACT: Bob McConnell, Environmental Engineer,
Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02),
U.S. Environmental Protection Agency, Region 1, 5 Post Office Square,
Suite 100, Boston, Massachusetts, 02109-3912;<PHONE_NUMBER>;
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Throughout this document whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA.
    Organization of this document. The following outline is provided to
aid in locating information in this preamble.

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

I. Background and Purpose

    This rulemaking addresses infrastructure SIP submissions from the
New Hampshire Department of Environmental Services (NH-DES) for the
2008 ozone, 2008 lead (Pb), and 2010 nitrogen dioxide (NO2)
national ambient air quality standards (NAAQS). The state submitted
these infrastructure SIPs on the following dates: 2008 lead NAAQS--
November 7, 2011; 2008 ozone NAAQS--December 31, 2012; and 2010
NO2 NAAQS--January 28, 2013.
    This rulemaking also addresses certain infrastructure SIP elements
for the 1997 and 2006 fine particle (PM2.5) \1\ NAAQS for
which EPA previously issued a conditional approval. See 77 FR 63228,
October 16, 2012. The state submitted these infrastructure SIPs on
April 3, 2008, and September 18, 2009, respectively. Additionally, in
this final rulemaking we are updating the classification for one of New
Hampshire's air quality control regions for ozone based on recent air
quality monitoring data collected by the state, and are granting the
state's request for an exemption from the infrastructure SIP
contingency plan obligation for ozone. Last, we are conditionally
approving certain elements of New Hampshire's submittal relating to
prevention of significant deterioration (PSD) requirements.
---------------------------------------------------------------------------

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

II. Public Comments

    EPA received just one set of comments in response to the NPR. Those
comments--the full set of which are included in the docket for this
final rulemaking--were submitted by the Sierra Club and focused
overwhelmingly on our proposed approval of New Hampshire's
infrastructure SIP for the 2010 SO2 NAAQS, which is not
addressed in this final rulemaking. Relevant to this action, one aspect
of the comments touched glancingly on the infrastructure submittals for
the 2008 ozone and 2010 NO2 NAAQS. EPA received no public
comments on our proposed approval of New Hampshire's infrastructure
submittals for the 2008 lead NAAQS.
    Comment: The commenter argued, among other things, that EPA must
disapprove the SIP submittal for the 2010 SO2 NAAQS, because
New Hampshire did not include a submittal to satisfy section
110(D)(i)(I) (the so-called ``Good Neighbor'' provision). In a
footnote, the commenter contended that New Hampshire had similarly not
included a submittal to satisfy the same provision for the 2008 ozone
or 2010 NO2 NAAQS. The commenter argued that these
omissions, coming as they did more than three years after EPA's
promulgation of a new or revised NAAQS, are in violation of the Act and
the Supreme Court's ruling in EPA v. EME Homer City Generation, LP.\2\
Accordingly, the commenter contended that ``EPA must take immediate
action here to disapprove the SO2 I-SIP Certification (as
well as the 2008 ozone and 2010 NO2 I-SIPs, for that matter)
and initiate the FIP [Federal Implementation Plan] process with regard
to the I-SIP's `` `Good Neighbor' provisions.''
---------------------------------------------------------------------------

    \2\ 134 S. Ct. 1584 (2014).
---------------------------------------------------------------------------

    Response: To be clear, EPA reiterates that this final rulemaking
does not address New Hampshire's infrastructure SIP submittal for the
2010 SO2 NAAQS. EPA will take final action on that submittal
in a future final action, which will include a response to the Sierra
Club's comments as to that submittal.
    Section 110(a)(2)(D)(i)(I) addresses emissions that significantly
contribute to nonattainment or interfere with maintenance of the NAAQS
in another state. However, although EPA is acting on New Hampshire's
submittals for the 2008 ozone and 2010 NO2 NAAQS in this
rulemaking, EPA is not taking any action with respect to section
110(D)(i)(I). As the commenter notes, New Hampshire did not include any
provisions to address the requirements of section 110(a)(2)(D)(i)(I) in
its December 31, 2012 and January 28, 2013 infrastructure SIP
submittals for the 2008 ozone and 2010 NO2 NAAQS,
respectively. In the NPR, EPA did not propose to take any action with
respect to New Hampshire's obligations pursuant to section
110(a)(2)(D)(i)(I) for the December 31, 2012 and January 28, 2013
infrastructure SIP submittals.
    Because New Hampshire did not make a submission in its December 31,
2012 and January 28, 2013 SIP submittals to address the requirements of
section 110(a)(2)(D)(i)(I), EPA is not required to have proposed or to
take final SIP approval or disapproval action on this element under
section 110(k) of the CAA. In this case, there has been no substantive
submission for EPA to evaluate under section 110(k). Nor does the lack
of a submission addressing section 110(a)(2)(D)(i)(I) require EPA to
disapprove New Hampshire's December 31, 2012 and January 28, 2013 SIP
submittals as to the other elements of section 110(a)(2). EPA
interprets its authority under section 110(k)(3) of the CAA as
affording EPA the discretion to approve, or conditionally approve,
individual elements of New Hampshire's infrastructure SIP submissions,
separate and apart from any action with respect to the requirements of
section 110(a)(2)(D)(i)(I). EPA views discrete infrastructure SIP
requirements in section 110(a)(2), such as the requirements of
110(a)(2)(D)(i)(I), as severable from the other infrastructure elements
and interprets section 110(k)(3) as allowing it to act on

individual severable measures in a plan submission.
    On August 21, 2012, the D.C. Circuit issued a decision in EME Homer
City Generation, L.P. v. EPA holding, among other things, that states
had no obligation to submit good neighbor SIPs until the EPA had first
quantified each state's good neighbor obligation.\3\ Accordingly, under
that decision the submission deadline for good neighbor SIPs under the
CAA would not necessarily be tied to the promulgation of a new or
revised NAAQS. While the EPA sought review first with the D.C. Circuit
en banc and then with the United States Supreme Court, the EPA complied
with the D.C. Circuit's ruling during the pendency of its appeal. The
D.C. Circuit declined to consider EPA's appeal en banc, but, on April
29, 2014, the Supreme Court reversed the D.C. Circuit's EME Homer City
opinion and held, among other things, that under the plain language of
the CAA, states must submit SIPs addressing the good neighbor
requirement in CAA section 110(a)(2)(D)(i)(I) within three years of
promulgation of a new or revised NAAQS, regardless of whether the EPA
first provides guidance, technical data or rulemaking to quantify the
state's obligation.
---------------------------------------------------------------------------

    \3\ 696 F.3d 7, 31 (D.C. Cir. 2012).
---------------------------------------------------------------------------

    With respect to the 2008 ozone NAAQS, on November 18, 2014, the
Sierra Club and WildEarth Guardians filed a complaint in U.S. District
Court for the Northern District of California seeking an order to
compel the EPA to make findings of failure to submit good neighbor SIPs
for over twenty states, including New Hampshire. On May 15, 2015, the
court entered judgment ordering the EPA to sign a notice issuing its
findings of failure to submit with respect to the 2008 ozone NAAQS
interstate transport SIPs for states addressed in the case. Effective
August 12, 2015, EPA found that 24 states, including New Hampshire, had
not made a complete good neighbor SIP submittal for the 2008 ozone
NAAQS to meet the requirements of section 110(a)(2)(D)(i)(I). See 80 FR
39961 (July 13, 2015). Pursuant to CAA section 110(c)(1), EPA is
authorized and obligated to promulgate a FIP, if EPA takes any of the
following actions: (1) Finds that a state has failed to make a required
SIP submission; (2) finds that a required submission was incomplete; or
(3) disapproves a required SIP submission in whole or in part.
Accordingly, EPA must issue a relevant FIP with respect to the 2008
ozone NAAQS within two years, if New Hampshire has not submitted, and
EPA has not approved, a plan revision appropriately addressing the good
neighbor provision requirements. Thus, EPA is not required to issue a
FIP at this time but will take appropriate action at a future date.
    With respect to the 2010 NO2 NAAQS, EPA has not issued a
similar finding of failure to submit and, consequently, the two-year
FIP clock has not yet begun to run. EPA agrees in general that sections
110(a)(1) and (a)(2) of the CAA require states to submit, within three
years of promulgation of a new or revised NAAQS, a plan that addresses
cross-state air pollution under section 110(a)(2)(D)(i)(I). In this
rulemaking, however, EPA is only approving portions of New Hampshire's
infrastructure SIP submissions for the 2010 NO2 NAAQS, which
did not include provisions for interstate transport under section
110(a)(2)(D)(i)(I). A finding of failure to submit a SIP submission for
the 2010 NO2 NAAQS addressing section 110(a)(2)(D)(i)(I)
could occur in a separate rulemaking. As that issue was not addressed
in the July 17, 2015 NPR,\4\ and is thus not pertinent to this
rulemaking, EPA provides no further response. In sum, New Hampshire's
obligations regarding interstate transport of pollution for the 2008
ozone and 2010 NO2 NAAQS will be addressed in later
rulemakings.
---------------------------------------------------------------------------

    \4\ See 80 FR 42446, 42452 (July 17, 2015) (``In today's
rulemaking, EPA is not proposing to approve or disapprove New
Hampshire's compliance with section 110(a)(2)(D)(i)(I) with respect
to the 2008 ozone, 2010 NO2 and 2010 SO2
NAAQS, since New Hampshire's infrastructure SIPs for these NAAQS do
not include a submittal with respect to transport for sub-element 1,
prongs 1 and 2.'').
---------------------------------------------------------------------------

III. Final Action

    EPA is approving SIP submissions from New Hampshire certifying that
the state's current SIP is sufficient to meet the required
infrastructure elements under sections 110(a)(1) and (2) for the 2008
Pb, 2008 ozone, and 2010 NO2 NAAQS, with the exception of
certain aspects relating to the state's PSD program which we are
conditionally approving. On September 25, 2015, we conditionally
approved the portion of New Hampshire's PSD program that pertains to
providing notification to neighboring states of certain permitting
actions in New Hampshire. See 80 FR 57722. Therefore, we are
conditionally approving herein the related portions of New Hampshire's
infrastructure SIP submittals affected by our September 25, 2015
conditional approval. A summary of EPA's actions regarding these
infrastructure SIP requirements are contained in Table 1 below.

  Table 1--Action Taken on NH Infrastructure SIP Submittals for Listed
                                  NAAQS
------------------------------------------------------------------------
            Element                2008 Pb     2008 Ozone     2010 NO2
------------------------------------------------------------------------
(A): Emission limits and other            A             A             A
 control measures.............
(B): Ambient air quality                  A             A             A
 monitoring and data system...
(C)(i): Enforcement of SIP                A             A             A
 measures.....................
(C)(ii): PSD program for major           A*            A*            A*
 sources and major
 modifications................
(C)(iii): Permitting program              A             A             A
 for minor sources and minor
 modifications................
(D)(i)(I): Contribute to                  A            NS            NS
 nonattainment/interfere with
 maintenance of NAAQS (prongs
 1 and 2).....................
(D)(i)(II): PSD (prong 3).....           A*            A*            A*
(D)(i)(II): Visibility                    A             A             A
 Protection (prong 4).........
(D)(ii): Interstate Pollution            A*            A*            A*
 Abatement....................
(D)(ii): International                    A             A             A
 Pollution Abatement..........
(E)(i): Adequate resources....            A             A             A
(E)(ii): State boards.........            A             A             A
(E)(iii): Necessary assurances           NA            NA            NA
 with respect to local
 agencies.....................
(F): Stationary source                    A             A             A
 monitoring system............
(G): Emergency power..........            A             A             A
(H): Future SIP revisions.....            A             A             A
(I): Nonattainment area plan              +             +             +
 or plan revisions under part
 D............................
(J)(i): Consultation with                 A             A             A
 government officials.........
(J)(ii): Public notification..            A             A             A

(J)(iii): PSD.................           A*            A*            A*
(J)(iv): Visibility protection            +             +             +
(K): Air quality modeling and             A             A             A
 data.........................
(L): Permitting fees..........            A             A             A
(M): Consultation and                     A             A             A
 participation by affected
 local entities...............
------------------------------------------------------------------------

    In the above table, the key is as follows:

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

------------------------------------------------------------------------
A......................................  Approve.
A*.....................................  Approve, but conditionally
                                          approve aspect of PSD program
                                          relating to notification to
                                          neighboring states.
+......................................  Not germane to infrastructure
                                          SIPs.
NS.....................................  No Submittal.
NA.....................................  Not applicable.
------------------------------------------------------------------------

    Also, with respect to the 1997 and 2006 PM2.5 NAAQS, EPA
is approving New Hampshire's infrastructure SIP submittals requirements
pertaining to elements (A) and (E)(ii), and the PSD elements (C)(ii),
(D)(i)(II) (prong 3), and (J)(iii) for which a conditional approval was
previously issued. See 77 FR 63228, October 16, 2012. As discussed in
our July 17, 2015 notice of proposed rulemaking (``NPR'') (see 80 FR
42446), New Hampshire has since met the conditions outlined in our
October 16, 2012 action. However, in keeping with the conditional
approval we are issuing today for the 2008 lead, 2008 ozone, and 2010
NO2 NAAQS with respect to the notification to neighboring
states aspect of the state's PSD program, we are also newly
conditionally approving New Hampshire's infrastructure SIP submittals
for elements (C)(ii), (D)(i)(II) (prong 3), (D)(ii), and (J)(iii) for
the 1997 and 2006 PM2.5 NAAQS.
    In addition, we are incorporating into the New Hampshire SIP the
following New Hampshire statutes which were included for approval in
New Hampshire's infrastructure SIP submittals:
    Title I, The State and Its Government, Chapter 21-O: Department of
Environmental Services, Section 21-O:11, Air Resources Council.
    Title X Public Health, Chapter 125-C Air Pollution Control, Section
125-C:1--Declaration of Policy and Purpose; Section 125-C:2--
Definitions; Section 125-C:4--Rulemaking Authority; Subpoena Power;
Section 125-C:6--Powers and Duties of the Commissioner; Section 125-
C:8--Administration of Chapter; Delegation of Duties; Section 125-C:9--
Authority of the Commissioner in Cases of Emergency; Section 125-C:10--
Devices Contributing to Air Pollution; Section 125-C:10a--Municipal
Waste Combustion Units; Section 125-C:11--Permit Required; Section 125-
C:12--Administrative Requirements; Section 125-C:13--Criteria for
Denial; Suspension or Revocation; Modification; Section 125-C:14--
Rehearings and Appeals; Section 125-C:18--Existing Remedies Unimpaired;
Section 125-C:19--Protection of Powers; and Section 125-C:21--
Severability.
    Title X Public Health, Chapter 125-O: Multiple Pollutant Reduction
Program, Section 125-O:1--Findings and Purpose; and Section 125-O:3--
Integrated Power Plant Strategy.
    Additionally, we are updating the classification at 40 CFR 52.1521
for the Merrimack Valley--Southern New Hampshire air quality control
region for ozone based on recent air quality monitoring data collected
by the state, and are granting, pursuant to 40 CFR 51.152(d)(1), the
state's request for an exemption from the infrastructure SIP
contingency plan obligation for ozone.
    EPA is conditionally approving an aspect of New Hampshire's SIP
revision submittals pertaining to the state's PSD program. The
outstanding issue with the PSD program concerns the lack of a
requirement that neighboring states be notified of the issuance of a
PSD permit by the New Hampshire Department of Environmental Services.
On September 25, 2015, we conditionally approved New Hampshire's PSD
program for this reason. See 80 FR 57722. Accordingly, we are also
conditionally approving this aspect of New Hampshire's infrastructure
SIP revisions for the 2008 lead, 2008 ozone, 2010 NO2, 1997
PM2.5, and 2006 PM2.5 NAAQS. New Hampshire must
submit to EPA a SIP submittal addressing the above mentioned deficiency
in the state's PSD program within the timeframe provided by our
September 25, 2015 action. If the State fails to do so, the elements we
are conditionally approving in this rulemaking will be disapproved on
that date. EPA will notify the State by letter that this action has
occurred. At that time, this commitment will no longer be a part of the
approved New Hampshire SIP. EPA subsequently will publish a document in
the Federal Register notifying the public that the conditional approval
automatically converted to a disapproval. If the State meets its
commitment within the applicable timeframe, the conditionally approved
submission will remain a part of the SIP until EPA takes final action
approving or disapproving the new submittal. If EPA disapproves the new
submittal, the conditionally approved aspect of New Hampshire's PSD
program will also be disapproved at that time. If EPA approves the
revised PSD program submittal, then the portions of New Hampshire's
infrastructure SIP submittals that were conditionally approved will be
fully approved in their entirety and replace the conditional approval
in the SIP. In addition, final disapproval of an infrastructure SIP
submittal triggers the Federal implementation plan (FIP) requirement
under section 110(c).
    Other specific requirements of infrastructure SIPs and the
rationale for EPA's final action on New Hampshire's submittals are
explained in the NPR and will not be restated here.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a

substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 16, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.

    Dated: December 2, 2015.
H. Curtis Spalding,
 Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart EE--New Hampshire

0
2. Section 52.1519 is amended by removing and reserving paragraphs
(a)(3) and (4) and adding paragraphs (a)(6) through (10) to read as
follows:

Sec.  52.1519  Identification of plan--conditional approval.

    (a) * * *
    (6) 2008 Ozone NAAQS: The 110(a)(2) infrastructure SIP submitted on
December 31, 2012, is conditionally approved for Clean Air Act (CAA)
elements 110(a)(2)(C)(ii), (D)(i)(II), D(ii), and (J)(iii) only as it
relates to the aspect of the PSD program pertaining to providing
notification to neighboring states of certain permitting activity being
considered by New Hampshire. This conditional approval is contingent
upon New Hampshire taking actions to address these requirements as
detailed within a final conditional approval dated September 25, 2015.
    (7) 2008 Lead NAAQ: The 110(a)(2) infrastructure SIP submitted on
November 7, 2011, is conditionally approved for Clean Air Act (CAA)
elements 110(a)(2)(C)(ii), (D)(i)(II), D(ii), and (J)(iii) only as it
relates to the aspect of the PSD program pertaining to providing
notification to neighboring states of certain permitting activity being
considered by New Hampshire. This conditional approval is contingent
upon New Hampshire taking actions to address these requirements as
detailed within a final conditional approval dated September 25, 2015.
    (8) 2010 Nitrogen Dioxide NAAQS: The 110(a)(2) infrastructure SIP
submitted on January 28, 2013, is conditionally approved for Clean Air
Act (CAA) elements 110(a)(2)(C)(ii), (D)(i)(II), D(ii), and (J)(iii)
only as it relates to the aspect of the PSD program pertaining to
providing notification to neighboring states of certain permitting
activity being considered by New Hampshire. This conditional approval
is contingent upon New Hampshire taking actions to address these
requirements as detailed within a final conditional approval dated
September 25, 2015.
    (9) 1997 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP
submitted on April 3, 2008, is conditionally approved for Clean Air Act
(CAA) elements 110(a)(2)(C)(ii), (D)(i)(II), D(ii), and (J)(iii) only
as it relates to the aspect of the PSD program pertaining to providing
notification to neighboring states of certain permitting activity being
considered by New Hampshire. This conditional approval is contingent
upon New Hampshire taking actions to address these requirements as
detailed within a final conditional approval dated September 25, 2015.
    (10) 2006 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP
submitted on September 18, 2009, is conditionally approved for Clean
Air Act (CAA) elements 110(a)(2)(C)(ii), (D)(i)(II), D(ii), and
(J)(iii) only as it relates to the aspect of the PSD program pertaining
to providing notification to neighboring states of certain permitting
activity being considered by New Hampshire. This conditional approval
is contingent upon New Hampshire taking actions to address these
requirements as detailed within a final conditional approval dated
September 25, 2015.

0
3. Section 52.1520 is amended by:
0
a. In the table in paragraph (c), adding three entries at the end of
the table; and
0
b. In the table in paragraph (e), adding six entries at the end of the
table.
    The additions read as follows:

Sec.  52.1520  Identification of plan.

* * * * *
    (c) * * *

                                                         EPA-Approved New Hampshire Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       State
        State citation            Title/subject   effective date        EPA approved date \1\                            Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Title 1 of the New Hampshire    Department of             7/1/86  12/16/15 [Insert Federal Register  Section 21-O:11, Air Resources Council.
 Statues: The State and Its      Environmental                     citation].
 Government, Chapter 21-O.       Services.
Title X of the New Hampshire    Air Pollution             7/1/79  12/16/15 [Insert Federal Register  Section 125-C:1--Declaration of Policy and Purpose;
 Statutes: Public Health,        Control.                          citation].                         Section 125-C:2--Definitions; Section 125-C:4--
 Chapter 125-C.                                                                                Rulemaking Authority; Subpoena Power; Section 125-
                                                                                C:6--Powers and Duties of the Commissioner;
                                                                                Section 125-C:8--Administration of Chapter;
                                                                                Delegation of Duties; Section 125-C:9--Authority
                                                                                of the Commissioner in Cases of Emergency; Section
                                                                                125-C:10--Devices Contributing to Air Pollution;
                                                                                Section 125-C:10a--Municipal Waste Combustion
                                                                                Units; Section 125-C:11--Permit Required; Section
                                                                                125-C:12--Administrative Requirements; Section 125-
                                                                                C:13--Criteria for Denial; Suspension or
                                                                                Revocation; Modification; Section 125-C:14--
                                                                                Rehearings and Appeals; Section 125-C:18--Existing
                                                                                Remedies Unimpaired; Section 125-C:19--Protection
                                                                                of Powers; and Section 125-C:21--Severability.
Title X of the New Hampshire    Multiple                7/1/2002  12/16/15 [Insert Federal Register  Section 125-O:1--Findings and Purpose; Section 125--
 Statutes: Public Health,        Pollutant                         citation].                         O:3--Integrated Power Plant Strategy.
 Chapter 125-O.                  Reduction
                                 Program.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column
  for the particular provision.

* * * * *
    (e) * * *

                                                               New Hampshire NonRegulatory
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                   Applicable
   Name of nonregulatory SIP      geographic or        State
           provision              nonattainment   submittal date/       EPA approved date \3\                            Explanations
                                      area        effective date
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Infrastructure SIP for 2008     Statewide.......      12/31/2012  12/16/15 [Insert Federal Register  Approved submittal, except for certain aspects
 ozone NAAQS.                                                      citation].                         relating to PSD which were conditionally approved.
                                                                                See 52.1519.
Infrastructure SIP for the      Statewide.......       11/7/2011  12/16/15 [Insert Federal Register  Approved submittal, except for certain aspects
 2008 Lead NAAQS.                                                  citation].                         relating to PSD which were conditionally approved.
                                                                                See 52.1519.
Infrastructure SIP for the      Statewide.......       1/28/2013  12/16/15 [Insert Federal Register  Approved submittal, except for certain aspects
 2010 NO2 NAAQS.                                                   citation].                         relating to PSD which were conditionally approved.
                                                                                See 52.1519.
Infrastructure SIP for the      Statewide.......        7/3/2012  12/16/15 [Insert Federal Register  Items that were previously conditionally approved
 1997 PM2.5 NAAQS.                                                 citation].                         on 10/16/12 now fully approved.
Infrastructure SIP for 2006     Statewide.......       9/18/2009  12/16/15 [Insert Federal Register  Items that were previously conditionally approved
 PM2.5 NAAQS.                                                      citation].                         on 10/16/12 now fully approved.
Request for exemption from      Merrimack             12/31/2012  12/16/15 [Insert Federal Register  State's request for exemption from contingency plan
 contingency plan obligation.    Valley--Souther                   citation].                         obligation, made pursuant to 40 CFR 51.122(d), is
                                 n New Hampshire                                                      granted in light of the area's designation as
                                 AQCR.                                                                unclassifiable/attainment for the 2008 ozone
                                                                                NAAQS.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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.

0
4. In Sec.  52.1521, revise the table to read as follows:

Sec.  52.1521  Classification of regions.

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                     Pollutant
                                 -------------------------------------------------------------------------------
   Air quality control region       Particulate                      Nitrogen         Carbon
                                      matter       Sulfur oxides      dioxide        monoxide          Ozone
----------------------------------------------------------------------------------------------------------------
Androscoggin Valley Interstate..              IA              IA             III             III             III
Central New Hampshire Intrastate             III             III             III             III             III
Merrimack Valley--Southern New                 I               I             III             III               I
 Hampshire Interstate...........
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-31525 Filed 12-15-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)]
[Notices]
[Page 15893]
[FR Doc No: 2018-07575]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2018-30]

Petition for Exemption; Summary of Petition Received; Cruiser
Aircraft, Inc.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before May 2, 2018.

ADDRESSES: Send comments identified by docket number FAA-2018-0148
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Clarence Garden<PHONE_NUMBER>, Office
of Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC.
Lirio Liu,
Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2018-0148
    Petitioner: Cruiser Aircraft, Inc.
    Section(s) of 14 CFR Affected: 21.190(c)(2)
    Description of Relief Sought: Cruiser Aircraft, Inc., as the
authorized representative of Czech Sport Aircraft a.s. (CSA), is
seeking an exemption from Title 14 of the Code of Regulations Section
21.190(c)(2) to the extent necessary to allow Sport Cruiser special
light sport-aircraft (SLSA) manufactured by CSA that otherwise comply
with the applicable consensus standard to be certified or deemed
airworthy without a manufacturer's instruction prohibiting instrument
flight rules (IFR) operation.

[FR Doc. 2018-07575 Filed 4-11-18; 8:45 am]
 BILLING CODE 4910-13-P


                      Commercial
                      Residential / Commercial Pest Control
                      Indust, Instit, Struct and Health Related
                        (7)
                      3 certification/license renewal cycle - number of
                        years
3 recertification cycle - number of years (may
                        be the same as above)
Continue education credit based
                        on category
7 core credits
2 minimum credits per
                        cateogry
2 maximum credits per category

                      Commercial
                      Public Health Pest Control
                      Public Health (8)
                      3 certification/license renewal cycle - number of
                        years
3 recertification cycle - number of years (may
                        be the same as above)
Continue education credit based
                        on category
7 core credits
1 minimum credits per
                        cateogry
1 maximum credits per category

                      Commercial
                      Research and Development
                      Demonstration and Research (10)
                      3 certification/license renewal cycle - number of
                        years
3 recertification cycle - number of years (may
                        be the same as above)
Continue education credit based
                        on category
7 core credits
1 minimum credits per
                        cateogry
1 maximum credits per category

                      Commercial
                      Rangeland Pest Control
                      NON-COMPARABLE
                      3 certification/license renewal cycle - number of
                        years
3 recertification cycle - number of years (may
                        be the same as above)
Continue education credit based
                        on category
7 core credits
1 minimum credits per
                        cateogry
1 maximum credits per category

                      Commercial
                      Metam Sodium for Root Control in
Sewers
                      NON-COMPARABLE
                      3 certification/license renewal cycle - number of
                        years
3 recertification cycle - number of years (may
                        be the same as above)
Continue education credit based
                        on category
7 core credits
1 minimum credits per
                        cateogry
1 maximum credits per category

                      Private
                      Private Applicator
                      Private Applicator
                      3 certification/license renewal cycle - number of
                        years
3 recertification cycle - number of years (may
                        be the same as above)
Continue education credit based
                        on category
7 core credits
0 minimum credits per
                        cateogry
0 maximum credits per category

                Regulatory Activities

                27. Identify other regulatory activities
                  (processes) implemented under your law/regulations which
                  contribute to control of the use of RUPs?

Regulate these occupational groups whose work is associated
                  with pesticides

WPS handlers
Mixers and Loaders

Regulate other pesticide related processes

                Participate/Monitor

                There are no records

                Enforcement

                There are no records

                Communication

                35. How often do you formally meet with your
                  cooperating agencies/units listed in the C&T Plan?

Colorado State University quarterly or more
                  often

                Additional Information

                There is no record.

For assistance, contact your regional EPA C&T Manager,
            or contact Richard Pont <A
            href="mailto:pont.richard<EMAIL_ADDRESS>
<PHONE_NUMBER>
Accessibility | Copyright | Policies
Housed by
            Department of Entomolgy, PO Box 646382, Washington State University, Pullman,
            WA, 99164-6382
USA