Approval and Promulgation of Air Quality Implementation Plans; Reasonably Available Control Technology for Nitrogen Oxides for the State of New Hampshire

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FRL-5801-1]

Approval and Promulgation of Air Quality Implementation Plans;

Reasonably Available Control Technology for Nitrogen Oxides for the

State of New Hampshire

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision

submitted by the State of New Hampshire. This revision establishes and

requires Reasonably Available Control Technology (RACT) at stationary

sources of nitrogen oxides (NOX). The intended effect of this

action is to approve regulatory provisions and source specific orders

which require major stationary sources of NOX to reduce their

emissions statewide in accordance with requirements of the Clean Air

Act.

DATES: This action is effective June 9, 1997, unless notice is received

by May

[[Page 17088]]

9, 1997 that adverse or critical comments will be submitted. If the

effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director,

Office of Ecosystem Protection (mail code CAA), U.S. Environmental

Protection Agency, Region I, JFK Federal Building, Boston, MA 02203-

2211. Copies of the documents relevant to this action are available for

public inspection during normal business hours, by appointment, at the

Office Ecosytem Protection, U.S. Environmental Protection Agency,

Region I, One Congress Street, 11th floor, Boston, MA; as well as the

Air Resources Division, Department of Environmental Services, 64 North

Main Street, Caller Box 2033, Concord, NH 03302-2033.

FOR FURTHER INFORMATION CONTACT: Steven A. Rapp, Environmental

Engineer, Air Quality Planning Unit (CAQ), U.S. EPA, Region 1, JFK

Federal Building, Boston, MA 02203-2211; (617) 565-2773;

[email protected]

SUPPLEMENTARY INFORMATION:

I. Background

The Clean Air Act (CAA) requires that States develop Reasonably

Available Control Technology (RACT) regulations for all major

stationary sources of nitrogen oxides (NOX) in areas which have

been classified as ``moderate,'' ``serious,'' ``severe,'' and

``extreme'' ozone nonattainment areas, and in all areas of the Ozone

Transport Region (OTR). EPA has defined RACT as the lowest emission

limitation that a particular source is capable of meeting by the

application of control technology that is reasonably available

considering technological and economic feasibility (44 FR 53762;

September 17, 1979). This requirement is established by sections

182(b)(2), 182(f), and 184(b) of the CAA.

These CAA NOX requirements are further described by EPA in a

notice entitled, ``State Implementation Plans; Nitrogen Oxides

Supplement to the General Preamble; Clean Air Act Amendments of 1990

Implementation of Title I; Proposed Rule,'' published November 25, 1992

(57 FR 55620). The November 25, 1992 notice, also known as the NOX

Supplement, should be referred to for more detailed information on

NOX requirements. Additional guidance memoranda which have been

released by EPA should also be referred to for more information on

NOX requirements.

New Hampshire has three designated ozone nonattainment areas.

First, the area which includes all of Merrimack County, part of

Hillsborough County, and part of Rockingham County is classified as a

marginal nonattainment area (see 40 CFR Part 81 for the list of

affected towns). Second, all of Strafford County and part of Rockingham

County is classified as a serious non-attainment area (see 40 CFR Part

81, Sec. 81.330 for the list of affected towns). And third, the part of

southern New Hampshire that is located within the Boston-Lawrence-Salem

Consolidated Metropolitan Statistical Area (CMSA) is also classified as

a serious nonattainment area (see 40 CFR Part 81, Sec. 81.330 for the

list of affected towns). Additionally, section 184(a) of the CAA also

defines an ozone transport region within the northeastern United

States, which includes all of the State of New Hampshire.

Section 182(b)(2) of the CAA requires States to require

implementation of RACT with respect to all major sources of volatile

organic compounds (VOCs). This RACT requirement also applies to all

major sources in ozone nonattainment areas with higher than moderate

nonattainment classifications. Section 182(f) states that, ``the plan

provisions required under this subpart for major stationary sources of

volatile organic compounds shall also apply to major stationary sources

(as defined in section 302 and subsections (c), (d), and (e) of the

section) of oxides of nitrogen.'' Additionally, section 184(b)(2)

requires major stationary sources in the OTR to meet the requirements

applicable to major sources if the area were classified as a moderate

nonattainment area, unless already classified at a higher nonattainment

level. These sections of the CAA, taken together, establish the

requirements for New Hampshire to submit a NOX RACT regulation

which covers major sources statewide.

Section 302 of the CAA generally defines ``major stationary

source'' as a facility or source of air pollution which has the

potential to emit 100 tons per year or more of air pollution. This

definition applies unless another provision of the CAA explicitly

defines major source differently. Therefore, for NOX, a major

source is one with the potential to emit 100 tons per year or more in

marginal and moderate areas, as well as in attainment areas in the OTR.

However, for serious nonattainment areas, a major source is defined by

section 182(c) as a source that has the potential to emit 50 tons per

year or more.

In New Hampshire's Strafford County, in the part of Rockingham

County that is classified as serious nonattainment, and in the Boston-

Lawrence-Salem CMSA, a major stationary source of NOX is a

facility which has a potential to emit 50 tons per year or more of

NOX. Such a facility is therefore subject to NOX RACT

requirements. Throughout the rest of the State, a major stationary

source of NOX is a facility with the potential to emit 100 tons or

more per year of NOX. These sources would also be subject to

NOX RACT requirements. Part Env-A 1211 and the source-specific

NOX RACT determination, order number ARD-95-001 for Groveton

Paperboard, Incorporated were submitted in response to the CAA

requirement that RACT be required for all major sources of NOX.

II. State Submittal

The New Hampshire Department of Environmental Services (New

Hampshire or NHDES) submitted the NOX RACT program as a number of

revisions to the New Hampshire State implementation plan (SIP). First,

on June 17, 1994, NHDES submitted a revision consisting of amendments

to Chapter Env-A 1200, specifically Part Env-A 1211, ``Nitrogen Oxides

(NOX),'' which defines Reasonably Available Control Technology

(RACT) requirements for sources of NOX. Part Env-A 1211 also

contains ``Phase II NOX emission limits'' for certain types of

utility boilers, which are required to be implemented by May 1, 1999.

In addition to the general NOX RACT regulations in Part Env-A

1211, on July 7, 1995, New Hampshire submitted a source specific

NOX RACT determination for Groveton Paperboard, Incorporated,

order number ARD-95-001, which covers processes subject to the

miscellaneous NOX RACT provisions of Part Env-A 1211. On September

18, 1995, New Hampshire submitted an emissions averaging plan, order

number ARD-95-002, for Plymouth Cogeneration Limited Partnership, of

Plymouth, New Hampshire. And similarly, on October 18, 1995, New

Hampshire submitted an alternative NOX RACT determination for

Waterville Valley Ski Area Limited Partnership, order number ARD-95-

003, as a revision to the SIP.

In addition to these SIP submittals, on December 21, 1992, New

Hampshire submitted Chapter Env-A 900, Part Env-A 901 to EPA as a

proposed SIP revision, which includes sections Env-A 901.06, ``NOX

Recordkeeping Requirements,'' and 901.07, ``NOX Reporting

Requirements.'' Sections Env-A 1211.03 through Env-A 1211.13 reference

the requirements of sections Env-A 901.06 and Env-A 901.07 as part of

the recordkeeping and reporting

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requirements for sources subject to NOX RACT.

III. Description of Submittal

The following is a description of the changes being approved in

this action. For a more detailed discussion of New Hampshire's

submittal and EPA's proposed action, the reader should refer to the

Technical Support Document developed as part of this action. Copies of

the Technical Support Document are found at the previously mentioned

addresses.

A. Part Env-A 1211

New Hampshire's rule, Part Env-A 1211 Nitrogen Oxides is divided

into twenty-two sections. Section 1211.01 defines terms used in the

rule. Sections 1211.02 covers applicability of the regulation.

Applicability is determined based on combined maximum heat input for

each source type for: utility boilers, steam electric boilers,

industrial boilers, stationary combustion turbines, stationary internal

combustion engines, asphalt plant dryers, and incinerators. For

wallboard dryers, calcining mills, calciners and gypsum rock dryers, as

well as emergency generators, auxiliary boilers, load shaving units,

and categories which fall under the definition of miscellaneous

stationary source, emission units are subject to the rule if they are

located at a facility which has potential NOX emissions greater

than 50 tons per year since January 1, 1990. However, 1211.10.02 allows

sources where actual emissions have not exceeded the major source

threshold since 1990, to avoid the requirements of the regulation if

the source has been issued a permit or consent order limiting their

emissions to less than 50 tons per year.

The New Hampshire NOX emission limits are specified in

sections Env-A 1211.03 through Env-A 1211.13, for utility boilers,

steam electric boilers, industrial boilers, stationary combustion

turbines, stationary internal combustion engines, asphalt plant dryers,

incinerators, wallboard manufacturing, as well as emergency generators,

auxiliary boilers, load shaving units. Generally, the limits are at

least as stringent as EPA's recommendations in the NOX Supplement.

Although some of the individual limits are not as stringent, the

statewide aggregate NOX reduction from a 1990 baseline achieved by

all the limits together is greater than 35 percent. Therefore the

regulations are approvable as RACT. For a more detailed discussion of

the specific emission limitations and requirements in Part Env-A 1211,

as well as EPA's analysis of those requirements, the reader should

refer to the Technical Support Document developed as part of this

action. Copies of the Technical Support Document are found at the

previously mentioned addresses.

Section 1211.14 defines the emission standards and control options

for miscellaneous stationary sources. Section 1211.16 requires subject

sources to submit a compliance schedule and requires such sources to

install RACT by May 31, 1995. Section 1211.17 defines the requirements

for the establishment of alternative RACT emission limits. Section

1211.18 allows emissions averaging for multiple sources under common

ownership located in New Hampshire. Section 1211.19 defines the

procedure for the issuance of a RACT order.

Section 1211.20 allows sources to reduce enough NOX during the

ozone season to achieve an annual NOX reduction which is

equivalent to the reduction which would be achieved by meeting a RACT

limitation year-round. Generally this reduction is achieved by

switching to a cleaner fuel during the ozone season (i.e., ``fuel

switching''). The fuel-switching provisions of this rule are not a

generic emissions averaging program, however. Therefore, section

1211.20 requires that fuel-switching requests be approved as case-

specific SIP revisions.

Section 1211.21 defines the NOX testing requirements. Section

1211.22 defines the monitoring requirements for NOX RACT subject

sources. NOX RACT recordkeeping and reporting requirements are

defined throughout Env-A 1211, in combination with the requirements

found in sections Env-A 901.06, ``NOX Recordkeeping

Requirements,'' and Env-A 901.07, ``NOX Reporting Requirements.''

Additionally, section Env-A 1211.15 requires the State to establish

and implement ``Phase II NOX limits'' for all applicable sources,

except as provided for in Env-A 1211.03(f), or unless shown to be

unnecessary by airshed modeling. Env-A 1211.03(f) defines Phase II

NOX limits and requires New Hampshire's Air Resource Division

director to implement them for wet-bottom cyclone fired utility boilers

with maximum net power output capacity greater than or equal to 320

megawatts, no later than May 1, 1999.

A public hearing was held on March 18, 1994 for these regulations.

NHDES filed the regulation with the Director of Legislative

Services on May 20, 1994, and they became effective on that date. On

June 17, 1994, New Hampshire submitted their adopted regulation as a

formal SIP submittal to EPA. After reviewing the regulations, EPA sent

New Hampshire a letter on July 12, 1994, stating that the rule had been

found to be administratively and technically complete.

B. Miscellaneous NOX RACT--Groveton Paperboard, Inc.

Groveton Paperboard, Incorporated, of Groveton, New Hampshire,

produces wood pulp using a soda-based semi-chemical process. Spent

pulping chemicals are concentrated by evaporation and then burned in a

refractory lined rotary kiln. This recovery kiln is subject to section

Env-A 1211.14, ``Emission Standards and Control Options for

Miscellaneous Stationary Sources.'' Order number ARD-95-001 defines

NOX RACT for the kiln, including the use of their current control

technology (i.e., process and combustion controls, Venturi scrubber,

and wet electrostatic-precipitator), combined with limits on fuel

usage: (a) black liquor solids, 16.5 gallons per minute; (b) #2 fuel

oil, 2,160 gallons per day, at 0.4% sulfur by weight; (c) #6 fuel oil,

393 gallons per day, at 2.2% sulfur. The order also sets daily

monitoring, record-keeping, and reporting, as well as the testing

requirements of Env-A 1211.21(b).

A public hearing was held on April 11, 1995 and the final order was

issued on May 10, 1995, and became effective on that date. Region I

received the SIP submittal for Groveton Paperboard on July 7, 1995 and

determined the submittal to be administratively and technically

complete on September 12, 1995.

C. Emissions Averaging Plan--Plymouth Cogeneration, Ltd.

Plymouth Cogeneration Limited Partnership (PCLP), operates a

cogeneration plant, i.e., a facility which produces both electricity

and steam or hot water for commercial purposes, in Plymouth, New

Hampshire. Order number ARD-95-002 allows PCLP to average emissions on

a daily basis between a 1.2 megawatt (MW) diesel-fired electric

generator, equipped with a selective catalytic reduction (SCR) unit,

and a 1.3 MW diesel-fired generator in order to meet the NOX

emission limitations of section Env-A 1211.07 and Env-A 1211.13,

respectively.

On July 25 and 26, 1995, New Hampshire held public hearings on the

proposed order. The final order was issued on September 12, 1995, and

became effective on that date. On September 18, 1995, New Hampshire

submitted an alternative RACT determination for Plymouth Cogeneration

Limited Partnership. On January 22, 1996, EPA deemed the

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submittal to be administratively and technically complete.

D. Alternative NOX RACT--Waterville Valley Ski Area, Ltd.

Waterville Valley Ski Area Limited Partnership (WVLP) owns and

operates a ski area in Waterville Valley, New Hampshire, which includes

NOX emitting equipment utilized for snow production, building

heating, and emergency services. Order number ARD-95-003, as revised

September 19, 1995, requires no controls on the 19 residential boilers,

but requires WVLP to remove all existing Catepillar IC engines and all

I-R IC engines and replace them with electric compressors. For the

three remaining Cummins diesel-fired engines (#4, #5, and #6), the

order requires these engines to comply with the hourly emission limits

of section Env-A 1211.07(c)(2)(b).

However, due to cost of the compressor replacement, the alternative

RACT determination allows a relaxation of the annual testing

requirements for the 3 remaining internal combustion (IC) engines.

Therefore, for 3 remaining Cummins IC engines (#4, #5, & #6), the final

order requires that a different Cummins engine be tested at least once

every three years so that eventually, each engine is tested. Also, in

lieu of testing these units, the order allows WVLP to use the results

of emissions tests conducted on a specific engine at another location

within previous 3 years. This is necessary since these engines are

leased and frequently rotated for routine maintenance or to be used at

other customers.

New Hampshire held a public hearing on July 26, 1995, and the final

order was issued on September 19, 1995, and became effective on that

date. On October 18, 1995, New Hampshire submitted an alternative

NOX RACT determination for Waterville Valley as a revision to the

SIP. On January 22, 1996, EPA deemed the submittal to be

administratively and technically complete.

E. NOX Recordkeeping and Reporting--Env-A 901.06, Env-A 901.07

On December 21, 1992, New Hampshire submitted to EPA a number of

amendments to Chapter Env-A 900, including Parts 901-903, as part of a

package of regulations intended to fulfill the requirements concerning

emission statements in section 182(c)(3)(B) of the Clean Air Act. Part

Env-A 1211 references the requirements found in sections Env-A 901.06,

``NOX Recordkeeping Requirements,'' and Env-A 901.07, ``NOX

Reporting Requirements'' as applicable NOX RACT requirements as

well. These regulatory sections, in combination with the other

recordkeeping and reporting requirements throughout Part Env-A 1211,

constitute adequate NOX RACT recordkeeping and reporting

provisions.

New Hampshire held a public hearing on the amendments to Chapter

Env-A 900, including sections Env-A 901.06 and 901.07, on June 18,

1992. The regulations were adopted by the State on November 13, 1992.

On February 19, 1993, EPA deemed the submittal administratively and

technically complete.

F. Phase II NOX Limits

Section Env-A 1211.15 states that unless EPA approves an attainment

demonstration for New Hampshire which has shown by modelling that

beyond-RACT NOX reductions are not needed, New Hampshire's Air

Resources Division (NHARD) Director will establish and implement

``Phase II NOX limits'' for all applicable sources, except as

provided for in Env-A 1211.03(f). Env-A 1211.03(f) requires the NHARD

Director to implement Phase II NOX emission limits for wet-bottom

cyclone fired utility boilers with maximum net power output capacity

greater than 320 MW no later than May 1, 1999. After that date, such

boilers are required at all times to meet the equivalent of the

following NOX limits: (1) for boilers firing coal, or any

combination of fuels with coal, a maximum daily emission of 15.4 tons;

and, (2) for boilers firing any fuel or fuels, excluding coal, a

maximum daily emissions of 3.8 tons. The limit of 15.4 tons per day

represents a NOX reductions beyond the requirements for RACT.

Therefore, these limits are approvable as strengthening the SIP.

IV. Issues

There are two issues associated with this rulemaking action. The

first issue is related to the miscellaneous RACT provisions of Part

Env-A 1211. In addition to the regulations in Part Env-A 1211, New

Hampshire has indicated that they have three sources with processes

subject to the miscellaneous NOX RACT provisions of the rule:

Groveton Paperboard, of Groveton; Hampshire Chemical, of Nashua; and,

Crown Vantage Corporation, of Berlin. Region I received the SIP

submittal for Groveton Paperboard on July 7, 1995 and is approving that

submittal in this action. However, New Hampshire has not yet submitted

SIP revisions for Hampshire Chemical or Crown Vantage.

EPA believes that Part Env-A 1211 is still fully approvable as

meeting the requirements of the CAA for several reasons. First, on

November 7, 1996 EPA issued a RACT policy memorandum 1 which

allows full approval for regulations which contain generic RACT

provisions (e.g., Section Env-A 1211.14. for miscellaneous NOX

RACT sources), without requiring the submission of all of the adopted

RACT limits, where certain conditions are met. Basically, the generic

RACT policy states that the generic portion of the NOX RACT rule

can be fully approved if the NOX emissions from the outstanding

RACT determinations are, not from an electric utility source and, they

constitute less than 5% of the overall non-utility NOX emissions

(i.e., a ``de minimis'' level of emissions). In the case of New

Hampshire's Part Env-A 1211, the emissions remaining to be covered by

the miscellaneous RACT determinations (i.e., Hampshire Chemical's kilns

and oil heater and, Crown Vantage's lime kiln, space heaters, and

dryer) constitute less than 1% percent of New Hampshire's baseyear non-

utility NOX emissions. Therefore, these remaining emission units

can be considered de minimis, as described in EPA's generic RACT policy

memorandum.

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\1\ On November 7, 1996, Sally Shaver, Director of EPA's Air

Quality Strategies and Standards Division issued a policy memorandum

entitled, ``Approval Options for Generic RACT Rules Submitted to

Meet the non-CTG VOC RACT Requirements and Certain NOX RACT

Requirements.''

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Second, the NOX Supplement explicitly encourages States to

structure their RACT requirements to inherently incorporate an

emissions averaging concept, e.g., installing more stringent controls

on some units in exchange for less stringent controls on other units

(see 57 FR 55625). In other words, the NOX Supplement encourages

States to structure NOX RACT requirements around an areawide

aggregate NOX reduction. EPA also issued a policy memorandum which

discusses an acceptable aggregate RACT reduction of 30 to 50 percent

NOX reduction from a 1990 baseline. 2 The NOX emission

limits in Env-A 1211 and the miscellaneous NOX RACT order for

Groveton Paperboard achieve greater than a 35 percent statewide

aggregate reduction in NOX from a 1990 baseline at RACT subject

sources, with or without any additional reduction from the remaining

emission units.

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\2\ Memorandum from D. Kent Berry, Acting Director of the Air

Quality Management Division of the Office of Air Quality Planning

and Standards, to the Air Quality Directors of EPA's Regional

Offices, entitled, ``Cost-Effective Nitrogen Oxides (NOX)

Reasonably Available Control Technology (RACT), March 14, 1994.''

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Finally, section Env-A 1211.14 requires a facility owner subject to

the

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miscellaneous RACT provisions to apply and obtain a RACT order.

Approval of this regulation into the SIP will continue to obligate the

regulated sources to apply for and implement NOX RACT and, for the

State to make a RACT determination for the remaining two miscellaneous

NOX RACT orders as expeditiously as practicable. Furthermore,

approval of section Env-A 1211 into the SIP will also provide for

enforceability of these requirements by EPA and citizens groups under

section 304 of the CAA. Additionally, as described in EPA's November 7,

1996 generic RACT guidance, if EPA later determines that the sources

remain unregulated, EPA could issue a SIP call or possibly a finding of

failure to implement the SIP. Therefore, EPA believes the regulations

are fully approvable as meeting the NOX RACT requirements of the

CAA.

The second issue is related to the NOX recordkeeping and

reporting provisions of Part Env-A 1211. Basically, Part Env-A 1211

cross-references sections Env-A 901.06 ``NOX Recordkeeping

Requirements'' and Env-A 901.07 ``NOX Reporting Requirements'' as

part of the applicable requirements for NOX RACT subject sources.

However, sections Env-A 901.06 and Env-A 901.07 were part of a package

of regulations for which EPA proposed a limited approval/limited

disapproval on September 20, 1994, primarily because the package did

not require sufficient recordkeeping and reporting from certain VOC

sources.

For the purposes of assuring compliance with the NOX RACT

limits of Env-A 1211, however, EPA considers sections Env-A 901.06 and

Env-A 901.07 fully approvable as part of the NOX RACT regulations.

This approval is not intended to affect EPA's September 20, 1994

proposed action concerning the approvability of emission statement

requirements in New Hampshire. The State must still address the

deficiencies outlined in the September 20, 1994 Federal Register

notice.

V. Final Action

EPA review of the NOX RACT SIP submittals, including the

NOX RACT regulations Part Env-A 1211, the NOX recordkeeping

and reporting requirements found in sections Env-A 901.06 and Env-A

901.07, and the miscellaneous NOX RACT for Groveton Paperboard

Company, indicates that New Hampshire has sufficiently defined the

NOX RACT requirements for the State. Therefore, EPA is approving

Part Env-A 1211, sections Env-A 901.06 and Env-A 901.07, and the

source-specific NOX RACT order, ARD-95-001, for Groveton

Paperboard, as meeting the NOX RACT requirements of the Clean Air

Act. EPA is also approving: the emissions averaging plan for Plymouth

Cogeneration Limited Partnership, order number AED-95-002; and, the

alternative NOX RACT for Waterville Valley Ski Area Limited

Partnership, order number ARD-95-003, as revisions to the New Hampshire

SIP at this time. New Hampshire must still submit adopted NOX RACT

limits for miscellaneous NOX emitting equipment at Crown Vantage

Corporation and Hampshire Chemical Company for EPA approval.

EPA is publishing this action without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective June 9, 1997 unless adverse or critical comments are received

by May 9, 1997.

If the EPA receives such comments, this action will be withdrawn

before the effective date by simultaneously publishing a subsequent

notice that will withdraw the final action. All public comments

received will then be addressed in a subsequent final rule based on

this action serving as a proposed rule. The EPA will not institute a

second comment period on this action. Any parties interested in

commenting on this action should do so at this time. If no such

comments are received, the public is advised that this action will be

effective on June 9, 1997.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any State implementation plan. Each request for revision to

the State implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

VI. Administrative Requirements

A. Executive Order 12866

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 600 et. seq.,

EPA must prepare a regulatory flexibility analysis assessing the impact

of any proposed or final rule on small entities. 5 U.S.C. Secs. 603 and

604. Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the

Clean Air Act do not create any new requirements but simply approve

requirements that the State is already imposing. Therefore, because the

Federal SIP approval does not impose any new requirements, the

Administrator certifies that it does not have a significant impact on

any small entities affected. Moreover, due to the nature of the

Federal-State relationship under the CAA, preparation of a flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Clean Air Act forbids EPA to base

its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under Sections 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

the private sector, of $100 million or more. Under Section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

Federal requirements. Accordingly, no additional costs to State, local,

or tribal governments, or to

[[Page 17092]]

the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

Under section 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted 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

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by

section 804(2).

E. Petitions for Judicial Review

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 June 9, 1997. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule 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).) EPA encourages

interested parties to comment in response to the proposed rule rather

than petition for judicial review, unless the objection arises after

the comment period allowed for in the proposal.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Nitrogen dioxide, Ozone,

Reporting and recordkeeping requirements.

Note: Incorporation by reference of the State Implementation

Plan for the State of New Hampshire was approved by the Director of

the Federal Register on July 1, 1982.

Dated: March 8, 1997.

John P. DeVillars,

Regional Administrator, Region I.

Part 52 of chapter I, title 40 of the Code of Federal Regulations

is amended as follows:

PART 52--[AMENDED]

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

Authority: 42 U.S.C. 7401-7671q.

Subpart EE--New Hampshire

2. Section 52.1520 is amended by adding paragraph (c)(49) and

(c)(50) to read as follows:

Sec. 52.1520 Identification of plan.

* * * * * *

(c) * * *

(49) Revisions to the State Implementation Plan submitted by the

New Hampshire Air Resources Division on June 17, 1994, and December 21,

1992.

(i) Incorporation by reference.

(A) Letters from the New Hampshire Air Resources Division dated

June 17, 1994, and December 21, 1992, submitting revisions to the New

Hampshire State Implementation Plan.

(B) Regulations Chapter Env-A 1200, Part Env-A 1211, ``Nitrogen

Oxides (NOX),'' effective on May 20, 1994, and Chapter Env-A 900,

Part Env-A 901, sections Env-A 901.06 ``NOX Recordkeeping

Requirements,'' and Env-A 901.07, ``NOX Reporting Requirements,''

effective on November 13, 1992.

(50) Revisions to the State Implementation Plan submitted by the

New Hampshire Air Resources Division on July 7, 1995, September 18,

1995, and October 18, 1995.

(i) Incorporation by reference.

(A) Letters from the New Hampshire Air Resources Division dated

July 7, 1995, September 18, 1995, and October 18, 1995, submitting

revisions to the New Hampshire State Implementation Plan.

(B) New Hampshire NOX RACT Order ARD-95-001, concerning

Groveton Paperboard Corporation, effective on May 10, 1995.

(C) New Hampshire NOX RACT Order ARD-95-002, concerning

Plymouth Cogeneration Limited Partnership, effective September 12,

1995.

(D) New Hampshire NOX RACT Order ARD-95-003, concerning

Waterville Valley Ski Area Limited, effective September 19, 1995.

For the State of New Hampshire:

3. In Sec. 52.1525 Table 52.1525 is amended by adding new entries

in numerical order to existing state citations ``Chapter Env-A 900,

Part Env-A 901, section Env-A 901.06,'' and, ``Chapter 900, Part Env-A

901, section Env-A 901.07;'' and, by adding new state citations for

``Chapter Env-A 1200, Part Env-A 1211,'' ``Order ARD-95-001,'' ``Order

ARD-95-002,'' and, ``Order ARD-95-003,'' to read as follows:

Sec. 52.1525 EPA--approved New Hampshire state regulations.

* * * * *

Table 52.1525--EPA--Approved Rules and Regulations--New Hampshire

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

Date

Title/subject State citation adopted by Date approved by Federal Register 52.1520 Comments

chapter State EPA citation

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

* * * * * * *

Record keeping requirements...... CH air 900, Part Env- 11/13/92 April 9, 1997...... 62 FR 17092........ (c)(49)............ Adds NOX record

A 901, section Env- keeping

A 901.06. requirements.

Reporting requirements........... CH air 900, Part Env- 11/13/92 April 9, 1997...... 62 FR 17092........ (c)(49)............ Adds NOX reporting

A 901, section Env- requirements.

A 901.07.

Nitrogen oxides emission limits.. CH air 1200 Part Env- 5/20/94 April 9, 1997...... 62 FR 17092........ (c)(49)............ Adds NOX RACT

A 1211. requirements.

Source specific order............ Order ARD-95-001.... 5/10/95 April 9, 1997...... 62 FR 17092........ (c)(50)............ Source specific NOX

RACT order for

Groveton

Paperboard

Corporation, in

Groveton, NH.

[[Page 17093]]

Source specific order............ Order ARD-95- 002... 9/12/95 April 9, 1997...... 62 FR 17093........ (c)(50)............ Source specific NOX

RACT order for

Plymouth

Cogeneration

Limited

Partnership, in

Plymouth, NH.

Source specific order............ Order ARD-95-003.... 9/19/95 April 9, 1997...... 62 FR 17093........ (c)(50)............ Source specific NOX

RACT order for

Waterville Valley

Ski Area Limited,

in Waterville

Valley, NH.

* * * * * * *

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[FR Doc. 97-9109 Filed 4-8-97; 8:45 am]

BILLING CODE 6560-50-P