Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Rules and Regulations 60893 

from the area, citation for failure to 

comply, or both. 

(4) The Patrol Commander may 

terminate the event or the operation of 

any vessel at any time it is deemed 

necessary for the protection of life or 

property. 

(5) The COTP will provide notice of 

the regulated area through advanced 

notice via local notice to mariners and 

broadcast notice to mariners and by onscene designated representatives. 

(d) Enforcement periods. This section 

will be subject to enforcement from 

September 4, 2023, through September 

18, 2023, between 5:30 a.m. to 8 p.m. 

Dated: August 30, 2023. 

H.R. Mattern, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Ohio Valley. 

[FR Doc. 2023–19205 Filed 9–5–23; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2023–0188; FRL–11025– 

02–R1] 

Air Plan Approval; New Hampshire; 

Reasonable Available Control 

Technology for the 2008 and 2015 

Ozone Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving portions of 

State Implementation Plan (SIP) 

revisions submitted by the State of New 

Hampshire that certify that the state has 

adopted regulations meeting the 

requirements for reasonably available 

control technology (RACT) for the 2008 

and 2015 ozone national ambient air 

quality standards (NAAQS), and 

portions of amendments to a related 

regulation that New Hampshire revised 

to fulfill RACT requirements for these 

two NAAQS. We are also approving a 

revision to the state’s definition of 

emergency generator. These actions are 

being taken in accordance with the 

Clean Air Act. 

DATES: This rule is effective on October 

6, 2023. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2023–0188. 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, Air and 

Radiation Division, 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 and 

facility closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: Bob 

McConnell, Environmental Engineer, 

Air and Radiation Division (Mail Code 

5–MD), U.S. Environmental Protection 

Agency, Region 1, 5 Post Office Square, 

Suite 100, Boston, Massachusetts, 

02109–3912; (617) 918–1046. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Table of Contents 

I. Background and Purpose 

II. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On July 10, 2023 (88 FR 43483), EPA 

published a Notice of Proposed 

Rulemaking (NPRM) for the State of 

New Hampshire. The NPRM proposed 

approval that the state has adopted 

regulations meeting the requirements for 

reasonably available control technology 

(RACT) for the 2008 and 2015 ozone 

national ambient air quality standards 

(NAAQS), amendments to Env-A 1300, 

NOX RACT, which New Hampshire 

revised as part of its RACT requirements 

for these two ozone NAAQS, a revision 

to the State’s definition of emergency 

generator to address a court decision 

that vacated the allowance for such 

engines to operate for demand-response 

purposes, and removal from the SIP of 

two previously issued RACT orders 

related to Merrimack Station. During the 

public comment period, EPA received 

one comment letter from the Sierra Club 

dated August 9, 2023, that opposed New 

Hampshire’s NOX RACT limits 

applicable to coal-fired cyclone boilers. 

EPA is evaluating those comments in 

light of our July 10, 2023 proposed 

approval, and will take final action on 

New Hampshire’s NOX RACT 

requirements for coal-fired cyclone 

boilers and New Hampshire’s request to 

withdraw from the SIP two previously 

issued RACT orders applicable to 

Merrimack Station boilers in a 

subsequent final rule. We did not 

receive comments on any other portions 

of our July 10, 2023 proposed action and 

are therefore approving within this final 

rule New Hampshire’s SIP revisions 

presented in our July 10, 2023 proposal 

for all provisions for which we did not 

receive comments. Please see our July 

10, 2023 proposed rule for additional 

background and a more detailed 

explanation of EPA’s rationale related to 

this action. 

II. Final Action 

EPA is approving portions of SIP 

revisions submitted by the State of New 

Hampshire. Specifically, EPA is 

approving the VOC RACT certifications 

for the 2008 and 2015 ozone NAAQS; 

the NOX RACT certifications for these 

same standards except for the 

certification regarding NOX RACT for 

coal-fired cyclone boilers for which EPA 

received adverse comments; the state’s 

revised NOX RACT regulation, Env-A 

1300, except for sections within Env-A 

1303.06 concerning limits for coal-fired 

cyclone boilers for which EPA received 

adverse comments; and the state’s 

revised definition of emergency 

generator in Regulation Env-A 100. 

III. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of New 

Hampshire regulation Env-A 1300, NOX

RACT, and a revision to the state’s 

definition of emergency generator in 

regulation Env-A 100, which contains 

the state’s definition of terms used 

within its air pollution control 

regulations, as discussed in Section II of 

this preamble and described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these documents 

generally available through https:// 

www.regulations.gov and at the EPA 

Region 1 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State implementation plan, have been 

incorporated by reference by EPA into 

that plan, are fully federally enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 


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60894 Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

be incorporated by reference in the next 

update to the SIP compilation.1

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 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• 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. 

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). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The New Hampshire Department of 

Environmental Services did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. EPA did not perform an EJ 

analysis and did not consider EJ in this 

action. Due to the nature of the action 

being taken here, this action is expected 

to have a neutral to positive impact on 

the air quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

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 November 6, 

2023. 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, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: August 30, 2023. 

David Cash, 

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. In § 52.1520 (c), amend the table by 

adding an entry for ‘‘Env-A 100’’, 

immediately preceding the entry for 

‘‘Env-A 200’’; revising the entry for 

‘‘Env-A 1300’’; and in § 52.1520 (e), 

amending the table to add entries for 

‘‘Certifications for RACT for the 2008 

and 2015 ozone standards’’ and for 

‘‘Negative declarations included in New 

Hampshire’s State Implementation Plan 

for purposes of the 2008 and 2015 ozone 

standards’’ to the end of the table, to 

read as follows: 

§ 52.1520 Identification of plan. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Rules and Regulations 60895 

EPA-APPROVED NEW HAMPSHIRE REGULATIONS

State citation Title/subject State effective date EPA approval date 1 Explanations 

*******

Env-A 100 .................. Definition of ‘‘Emergency generator’’.8/15/2018 ................... 9/6/2023 [Insert Federal Register citation].Revision to the term ‘‘Emergency generator’’ 

as used within the state’s air pollution control regulations. 

* * * * * * * 

Env-A 1300 ................ NOX RACT ................. 8/15/2018 and 3/20/ 

2023.

.................................... Regulation, effective 8/15/2018, containing 

emissions limits and other requirements 

for stationary sources of nitrogen oxides 

approved except for sections pertaining to 

coal-fired cyclone boilers at Env-A 

1303.06(b) and (c). Revisions made to 

Env-A 1303.02 and 1303.04. effective 3/ 

20/2023. 

* * * * * * * 

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

Name of nonregulatory 

SIP provision 

Applicable geographic 

or nonattainment area 

State submittal 

date/effective 

date 

EPA approved date 3 Explanations 

*******

Certifications for RACT 

for the 2008 and 

2015 ozone standards.

Statewide .................... 9/6/2018 9/6/2023 [Insert Federal Register citation].RACT certifications for stationary sources of 

VOC and NOX approved for purposes of the 

2008 and 2015 ozone standards except for 

NOX RACT requirements pertaining to coalfired cyclone boilers. 

Negative declarations 

included in New 

Hampshire’s State 

Implementation Plan 

for purposes of the 

2008 and 2015 

ozone standards.

Statewide .................... 9/6/2018 9/6/2023 [Insert Federal Register citation].Negative declarations submitted for 26 CTG 

categories listed within Table 5–3 of the 

New Hampshire document ‘‘Certification of 

Reasonably Available Control Technology 

for the 2008 and 2015 8-hour Ozone National Ambient Air Quality Standards’’, dated 

August 21, 2018. 

3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

[FR Doc. 2023–19117 Filed 9–5–23; 8:45 am] 

BILLING CODE 6560–50–P 


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