64470 Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Rules and Regulations 

made or purchased by any financial 

institution subject to examination and 

supervision by any agency of the United 

States or of any State may, in lieu of 

such guaranty, be insured by the 

Secretary under an agreement whereby 

the Secretary will reimburse any such 

institution for losses incurred on such 

loan up to 15 percent of the aggregate 

of loans so made or purchased by it. 

(Authority: 38 U.S.C. 3703, 3709, 3710) 

[FR Doc. 2018–27263 Filed 12–14–18; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2017–0595; FRL–9987–69– 

Region 1] 

Air Plan Approval; New Hampshire; 

Transport Element for the 2010 Sulfur 

Dioxide National Ambient Air Quality 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of New 

Hampshire. This revision addresses the 

interstate transport requirements of the 

Clean Air Act (CAA), referred to as the 

good neighbor provision, with respect to 

the 2010 sulfur dioxide (SO2) national 

ambient air quality standard (NAAQS). 

This action approves New Hampshire’s 

demonstration that the State is meeting 

its obligations regarding the transport of 

SO2 emissions into other states. 

DATES: This rule is effective on January 

16, 2019. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2017–0595. All documents in the docket 

are listed on the https://

www.regulations.gov website. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available at https://

www.regulations.gov or at the U.S. 

Environmental Protection Agency, EPA 

Region 1 Regional Office, Office of 

Ecosystem Protection, Air Permits, 

Toxics and Indoor Programs Unit, 5 Post 

Office Square—Suite 100, Boston, MA. 

The EPA requests that if at all possible, 

you contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Leiran Biton, Air Permits, Toxics, and 

Indoor Programs Unit, U.S. 

Environmental Protection Agency, EPA 

Region 1, 5 Post Office Square—Suite 

100, (Mail code OEP05–2), Boston, MA 

02109–3912, tel. (617) 918–1267, email 

biton.leiran@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background and Purpose 

II. Response to Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On September 27, 2018 (83 FR 48765), 

the EPA published a Notice of Proposed 

Rulemaking (NPRM) to approve the June 

16, 2017 submittal from the State of 

New Hampshire as meeting the 

interstate transport requirements of 

CAA section 110(a)(2)(D)(i)(I) for the 

2010 SO2 NAAQS. An explanation of 

the CAA requirements, a detailed 

analysis of the State’s submittal, and the 

EPA’s rationale for approval of the 

submittal were provided in the NPRM, 

and will not be restated here. The public 

comment period for this proposed 

rulemaking ended on October 29, 2018. 

The EPA received one comment from an 

anonymous commenter. The 

anonymous comment lacked specificity 

to New Hampshire’s SIP submittal and 

the interstate transport requirements of 

CAA section 110(a)(2)(D)(i)(I) as they 

relate to the 2010 SO2 NAAQS. A 

response to the anonymous comment is 

provided in the Response to Comments 

section. 

II. Response to Comments 

Comment: The commenter stated that 

emissions of SO2 can undergo chemical 

reactions in the atmosphere to form fine 

particle matter, and that fine particulate 

matter can travel great distances 

affecting regional air quality and public 

health. The commenter stated that the 

transport of SO2 and fine particulate 

matter across state borders, referred to 

as ‘‘interstate air pollution transport,’’ 

makes it difficult for downwind states to 

meet health-based air quality standards. 

The commenter stated the CAA’s ‘‘good 

neighbor’’ provision requires the EPA 

and states to address, through state 

implementation plans (SIPs), interstate 

transport of air pollution that 

significantly contributes to 

nonattainment or interferes with 

maintenance of a NAAQS in a 

downwind area in another state. The 

commenter asserted that New 

Hampshire must prove this SIP revision 

addresses and meets the obligations of 

the interstate transport requirements of 

the CAA respective to the 2010 SO2

NAAQS. The commenter concluded, 

‘‘To meet these obligations they must 

prove that the interstate transport 

requirements for all NAAQS pollutants 

prohibit any state from emitting any air 

pollutant in amounts that will 

contribute significantly to 

nonattainment, or interfere with 

maintenance, of the NAAQS in another 

state.’’ 

Response: The commenter did 

provide some general information about 

the formation of fine particulate matter 

from SO2, but did not provide specific 

information to support not approving 

New Hampshire’s June 16, 2017 

submittal. Fine particulate matter, 

generally referring to particulate matter 

(PM) with aerodynamic diameter less 

than or equal to 2.5 micrometers (PM2.5), 

can travel great distances. PM2.5 can be 

emitted directly or formed secondarily 

through chemical transformation in the 

atmosphere involving a variety of 

precursor pollutants, including SO2. 

The EPA has addressed interstate 

transport of PM2.5, including 

secondarily-formed PM2.5, through a 

separate action related to New 

Hampshire’s SIP submittal for the 2012 

PM2.5 infrastructure SIP. The EPA 

proposed to approve a revision to the 

New Hampshire SIP that included the 

provisions related to transport for the 

2012 PM2.5 NAAQS on April 10, 2018 

(83 FR 15343); EPA took action in a 

final rule to approve the New 

Hampshire SIP provisions related to 

interstate transport and other elements 

for the 2012 PM2.5 NAAQS on December 

4, 2018 (83 FR 62464). 

It is unclear what the commenter 

intended in the quoted final sentence of 

the comment. If the commenter meant to 

note that the CAA generally imposes an 

obligation that the state’s interstate 

transport SIP for a new or revised 

NAAQS adequately meets the good 

neighbor provision for that NAAQS, we 

agree and believe that the New 

Hampshire SO2 interstate transport SIP 

submittal meets these CAA obligations, 

as stated in our NPRM. Alternatively, if 

the commenter meant that this SO2

interstate transport SIP must address 

transport for all NAAQS, we disagree. 

The EPA interprets the CAA to 

require each state to demonstrate that it 


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Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Rules and Regulations 64471 

meets the ‘‘good neighbor’’ provisions of 

the CAA for a new or revised NAAQS 

for any of the six criteria air pollutants 

(carbon monoxide, lead, nitrogen 

dioxide, ozone, particle pollution, and 

sulfur dioxide). Particularly, CAA 

section 110(a)(1) requires states, three 

years after the promulgation of a 

NAAQS, to submit a plan that meets the 

requirements of 110(a)(2), which 

includes the interstate transport 

requirements of 110(a)(2)(D)(i)(I), for 

‘‘such’’ NAAQS. The EPA believes the 

specification of ‘‘such’’ in relation to a 

particular NAAQS under 110(a)(1) 

narrows the state’s obligation to submit 

an interstate transport SIP for that 

specific NAAQS, rather than requiring 

the state to demonstrate that its 

transport SIP is intended to address a 

particular NAAQS also meets the 

interstate transport requirements for all 

NAAQS. The EPA assesses each state’s 

interstate transport SIP demonstration 

on a pollutant by pollutant basis, and 

for pollutants that result from both 

primary emissions and secondary (i.e., 

chemical) formation, the EPA does 

assess both primary and secondary 

impacts. Because SO2 does not form 

secondarily in the atmosphere, only an 

analysis of primary emissions is 

necessary. The EPA’s NPRM to approve 

New Hampshire’s June 16, 2017 

submittal provided a weight-of-evidence 

analysis that addressed the ‘‘good 

neighbor’’ provision of the CAA. The 

EPA’s assessment of New Hampshire’s 

analysis presented in the NPRM 

proposed to find that the SIP revision 

sufficiently addresses that New 

Hampshire will not significantly 

contribute to nonattainment of the 1- 

hour SO2 NAAQS or interfere 

maintenance of the SO2 NAAQS in 

another state. The commenter does not 

point to any specific alleged flaw or gap 

in the EPA’s assessment. 

Therefore, the EPA is not making any 

changes to its proposed action based on 

the comments submitted by the 

commenter. 

III. Final Action 

The EPA is approving New 

Hampshire’s June 16, 2017 transport SIP 

submission for the 2010 SO2 NAAQS as 

a revision to the New Hampshire SIP. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• This action is not an Executive 

Order 13771 regulatory action because 

this action is not significant under 

Executive Order 12866; 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (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 15, 

2019. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Sulfur oxides. 

Dated: December 10, 2018. 

Alexandra Dunn, 

Regional Administrator, EPA Region 1. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart EE—New Hampshire 

■ 2. Amend § 52.1520 in the table in 

paragraph (e) by adding an entry for 

‘‘Amendment to New Hampshire 2010 

Sulfur Dioxide NAAQS Infrastructure 

SIP to Address the Good Neighbor 

Requirements of Clean Air Act Section 

110(a)(2)(D)(i)(I)’’ at the end of the table 

to read as follows: 

§ 52.1520 Identification of plan. 

* * * * * 


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64472 Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Rules and Regulations 

(e) * * * 

NEW HAMPSHIRE NONREGULATORY

Name of nonregulatory SIP provision Applicable geographic or nonattainment area 

State 

submittal 

date/ 

effective date 

EPA approved date Explanations 

*******

Amendment to New Hampshire 

2010 Sulfur Dioxide NAAQS Infrastructure SIP to Address the 

Good Neighbor Requirements of 

Clean Air Act Section 

110(a)(2)(D)(i)(I).

Statewide ....................................... 6/16/2017 12/17/2018 [Insert Federal Register citation] 

[FR Doc. 2018–27171 Filed 12–14–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2017–0700; FRL–9987–75– 

Region 5] 

Air Plan Approval; Indiana; CrossState Air Pollution Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

submittal concerning the Cross-State Air 

Pollution Rule (CSAPR) that was 

submitted by Indiana on November 27, 

2017 as a revision to the Indiana state 

implementation plan (SIP). Under 

CSAPR, large electricity generating units 

(EGUs) in Indiana are currently subject 

to Federal implementation plans (FIPs) 

requiring the units to participate in 

CSAPR’s Federal trading program for 

annual emissions of nitrogen oxides 

(NOX), one of CSAPR’s two Federal 

trading programs for annual emissions 

of sulfur dioxide (SO2), and one of 

CSAPR’s two Federal trading programs 

for ozone season emissions of NOX. This 

action approves the State’s regulations 

requiring large Indiana EGUs to 

participate in new CSAPR state trading 

programs for annual NOX, annual SO2, 

and ozone season NOX emissions 

integrated with the CSAPR Federal 

trading programs, replacing the 

corresponding FIP requirements. EPA is 

approving the State’s submission 

because it meets the requirements of the 

Clean Air Act (CAA or Act) and EPA’s 

regulations for approval of a CSAPR full 

SIP revision replacing the requirements 

of a CSAPR FIP. Under the CSAPR 

regulations, approval of the SIP revision 

automatically eliminates Indiana’s 

units’ requirements under the 

corresponding CSAPR FIPs addressing 

Indiana’s interstate transport (or ‘‘good 

neighbor’’) obligations with respect to 

the 1997 fine particulate matter (PM2.5) 

national ambient air quality standard 

(NAAQS), the 2006 PM2.5 NAAQS, the 

1997 ozone NAAQS, and the 2008 

ozone NAAQS. Like the CSAPR FIP 

requirements that are being replaced, 

approval of the SIP revision fully 

satisfies Indiana’s good neighbor 

obligations with respect to attainment 

and maintenance of the 1997 PM2.5

NAAQS, the 2006 PM2.5 NAAQS, and 

the 1997 ozone NAAQS and partially 

satisfies Indiana’s good neighbor 

obligation with respect to attainment 

and maintenance of the 2008 ozone 

NAAQS. EPA proposed approval of the 

State’s submission on August 14, 2018. 

DATES: This final rule is effective on 

December 17, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2017–0700. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Sarah 

Arra, Environmental Scientist, at (312) 

886–9401 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Arra, Environmental Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–9401, 

arra.sarah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. Overview 

II. Background on CSAPR and CSAPRRelated SIP Revisions 

III. Indiana’s SIP Submittal and EPA’s 

Analysis 

IV. Final Action 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Overview 

EPA is approving a November 27, 

2017 submittal as a revision to the 

Indiana SIP to include CSAPR state 

trading programs for annual emissions 

of NOX and SO2 and ozone season 

emissions of NOX. Large EGUs in 

Indiana are subject to CSAPR FIPs that 

require the units to participate in the 

Federal CSAPR NOX Annual Trading 

Program, the Federal CSAPR SO2 Group 

1 Trading Program, and the Federal 

CSAPR NOX Ozone Season Group 2 

Trading Program. CSAPR provides a 

process for the submission and approval 

of SIP revisions to replace the 

requirements of CSAPR FIPs with SIP 

requirements under which a state’s 

units participate in CSAPR state trading 

programs that are integrated with and, 

with certain permissible exceptions, 

substantively identical to the CSAPR 

Federal trading programs. 

The submission incorporates into 

Indiana’s SIP state trading program 

regulations for annual NOX, annual SO2, 

and ozone season NOX emissions that 

replace EPA’s Federal trading program 

regulations for these emissions from 


amozie on DSK3GDR082PROD with RULES