Federal Register / Vol. 87, No. 88 / Friday, May 6, 2022 / Rules and Regulations 26999 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a temporary safety zone for a fireworks 

display located on the navigable waters 

of the Lower Mississippi River (LMR) 

between Mile Marker (MM) 94.5 and 

MM 95.5 Above Head of Passes (AHP). 

This action is needed to provide for the 

safety of life on these navigable 

waterways during the event. During the 

enforcement periods, the operator of any 

vessel in the regulated area must 

comply with directions from the 

Captain of the Port or designated 

representative. 

DATES: The regulations in 33 CFR 

165.845 will be enforced from 8:45 p.m. 

to 10 p.m. on May 18, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Lieutenant Commander William 

Stewart, Sector New Orleans, U.S. Coast 

Guard; telephone 504–365–2246, email 

William.A.Stewart@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce safety zone located 

in 33 CFR 165.845 for the Four Seasons 

Hotel Fireworks Display event. The 

regulations will be enforced from 8:45 

p.m. through 10 p.m. on May 18, 2022. 

This action is being taken to provide for 

the safety of life on navigable waterways 

during this event, which will be located 

between MM 94.5 and MM 95.5 AHP, 

LMR, LA. During the enforcement 

periods, the operator of any vessel in the 

regulated area must comply with 

directions from the Captain of the Port 

or designated representative. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via Marine Safety Information Bulletins 

(MSIBs), Local Notice to Mariners 

(LNMs), and/or Broadcast Notice to 

Mariners (BNMs). 

Dated: May 2, 2022. 

K.K. Denning, 

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

Port Sector New Orleans. 

[FR Doc. 2022–09788 Filed 5–5–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2021–0785; FRL–9591–02– 

R1] 

Air Plan Approval; New Hampshire; 

Env-A 800 Testing and Monitoring 

Procedures, Env-A 619.03 PSD 

Program Requirements, and Env-A 

1200 VOC RACT 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of New 

Hampshire. These revisions amend 

Testing and Monitoring Procedures for 

sources of air pollution; revise New 

Hampshire’s Prevention of Significant 

Deterioration (PSD) permitting program 

with respect to requirements for air 

quality modeling; fully approve certain 

infrastructure SIP requirements as they 

related to PSD permitting requirements 

for the 2015 Ozone and 2012 fine 

particle matter (PM2.5) National Ambient 

Air Quality Standards (NAAQS); and 

amend Volatile Organic Compounds 

(VOCs) Reasonably Available Control 

Technology (RACT). This action is being 

taken under the Clean Air Act (CAA). 

DATES: This rule is effective on June 6, 

2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2021–0785. 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., 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 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: John 

Creilson, Air Quality Branch, U.S. 

Environmental Protection Agency, EPA 

Region 1, 5 Post Office Square—Suite 

100, (Mail code 05–2), Boston, MA 

02109, tel. (617) 918–1688, email 

creilson.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Table of Contents 

I. Background and Purpose 

a. Env-A 800 Testing and Monitoring 

Procedures 

b. Env-A 619.03 PSD Program 

Requirements 

c. Env-A 1200 VOC RACT 

II. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On March 3, 2022 (87 FR 12016), EPA 

published a notice of proposed 

rulemaking (NPRM) for the State of New 

Hampshire proposing to approve several 

SIP revisions submitted by the State. 

Information about the proposed SIP 

revisions are as follows. 

a. Env-A 800 Testing and Monitoring 

Procedures 

On August 19, and subsequently on 

December 20, 2021, the New Hampshire 

Department of Environmental Services 

(NH DES) submitted a revision to its 

State Implementation Plan (SIP). The 

submittal consisted of revisions to an 

existing rule, Env-A 800, Testing and 

Monitoring Procedures, that was 

previously approved into the New 

Hampshire SIP. Env-A 800 establishes 

testing and monitoring procedures, 

calculation procedures, standards, and 

requirements used to determine 

compliance with Federal and state air 

pollution regulations. 

b. Env-A 619.03 PSD Program 

Requirements 

On September 16, 2021, NH DES 

submitted a revision to its SIP-approved 

regulation Part Env-A 619.03, the State’s 

CAA PSD permitting program, updating 

the reference date for 40 CFR 52.21 to 

incorporate EPA’s current ‘‘Guideline 

on Air Quality Models’’ in appendix W 

of 40 CFR part 51. The revision also 

addressed issues related to EPA’s 

conditional approvals to the State’s PSD 

program for purposes of the 2015 Ozone 

and 2012 PM2.5 NAAQS infrastructure 

SIP requirements. Specifically, EPA 

conditionally approved infrastructure 

SIP elements associated with CAA 

sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), 

110(a)(2)(J), and 110(a)(2)(K). See 85 FR 

67651 (October 26, 2020). EPA proposed 


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27000 Federal Register / Vol. 87, No. 88 / Friday, May 6, 2022 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

to approve the revision to the New 

Hampshire SIP and convert these 

conditional approvals to full approvals. 

c. Env-A 1200 VOC RACT 

On July 15, 2021, the NH DES 

submitted a revision to its SIP, which 

consisted of amendments to an existing 

rule, Env-A 1200, Volatile Organic 

Compounds (VOC) Reasonably 

Available Control Technology (RACT), 

that was previously approved into the 

New Hampshire SIP. Env-A 1200 

establishes requirements for the 

implementation of RACT on certain 

stationary sources located in New 

Hampshire that emit VOCs. 

The rationale for EPA’s proposed 

actions for these revisions is explained 

in the NPRM and will not be restated 

here. There were no public comments 

received on the NPRM. 

II. Final Action 

EPA is approving New Hampshire’s 

SIP revisions pertaining to Env-A 800 

Testing and Monitoring Procedures, 

Env-A 619.03 PSD Program 

Requirements, and Env-A 1200 VOC 

RACT, as described in Section I. EPA is 

also converting to full approval the 2015 

Ozone and 2012 PM2.5 NAAQS 

infrastructure SIP requirements for CAA 

sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), 

110(a)(2)(J), and 110(a)(2)(K). 

III. Incorporation by Reference 

In this rule, 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 regulations (1) Env-A 800 as 

adopted on May 1, 2019, with the 

exception of section 801.02(b) and (d) 

and section 810; (2) Env-A 619.03 as 

adopted on March 16, 2021; and (3) 

Env-A 1200 as adopted on October 17, 

2019, 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 

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 they meet the 

criteria of the Clean Air Act. 

Accordingly, this proposed 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); 

• 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 July 5, 2022. 

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, Carbon monoxide, 

Incorporation by reference, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: April 28, 2022. 

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. 


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Federal Register / Vol. 87, No. 88 / Friday, May 6, 2022 / Rules and Regulations 27001 

Subpart EE—New Hampshire 

■ 2. In § 52.1520: 

■ a. In the table in paragraph (c): 

■ i. Revise the fourth table heading and 

the entries for ‘‘Env-A 600,’’ ‘‘Env-A 

800,’’ and ‘‘Env-A 1200’’; and 

■ ii. Add footnote 1; and 

■ b. In the table in paragraph (e), revise 

the entries for ‘‘Submittals to meet 

Section 110(a)(2) Infrastructure 

Requirements for the 2012 PM2.5

NAAQS’’ and ‘‘Submittal to meet 

Section 110(a)(2) Infrastructure 

Requirements for the 2015 Ozone 

NAAQS’’. 

The revisions and addition read as 

follows: 

§ 52.1520 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED NEW HAMPSHIRE REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date 1 Explanations 

*******

Env-A 600 .................. Statewide Permit System .............. 4/20/2021 5/6/2022 [Insert Federal Register 

citation].

Revisions to Env-A 619.13 to incorporate updated reference date to the ambient air quality 

modeling guidelines at 40 CFR part 51, Appendix W. 

Env-A 800 .................. Testing and Monitoring Procedures 4/30/2019 5/6/2022 [Insert Federal Register 

citation].

Minor revisions to the previously approved EnvA 800 rule be incorporated into the State’s 

SIP, except for Env-A 801.02(b) and (d) that 

relate to trading, and Env-A 810. 

*******

Env-A 1200 ................ Volatile Organic Compounds 

(VOCs) Reasonably Available 

Control Technology (RACT).

10/17/2019 5/6/2022 [Insert Federal Register 

citation].

*******

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

* * * * * (e) * * * 

NEW HAMPSHIRE NON-REGULATORY

Name of nonregulatory SIP 

provision 

Applicable 

geographic or 

nonattainment area 

State submittal 

date/effective date EPA approved date Explanations 

*******

Submittals to meet Section 

110(a)(2) Infrastructure Requirements for the 2012 

PM2.5 NAAQS.

Statewide ................... 12/22/2015; supplement 

submitted 6/8/2016.

12/4/2018, 83 FR 62464 .......... These submittals are approved with respect 

to the following CAA requirements: 

110(a)(2)(A), (B), (C), (D), (E), (F), (G), 

(H), (J), (L), and (M). 

12/22/2015 ...................... 10/26/2020, 85 FR 67651 ........ This submittal is conditionally approved with 

respect to provisions of CAA 110(a)(2)(K). 

The following previously approved items 

are corrected and changed from approval 

to conditional approval: 110(a)(C) (PSD 

only), (D)(i)(II) (prong 3 only), and (J) 

(PSD only). 

4/20/2021 ........................ 5/6/2022 [Insert Federal Register citation].Items that were conditionally approved on 

10/26/2020 are now fully approved. 

* * * * * * * 

Submittal to meet Section 

110(a)(2) Infrastructure Requirements for the 2015 

Ozone NAAQS.

Statewide ................... 4/20/2021 ........................ 5/6/2022 [Insert Federal Register citation].Items that were conditionally approved on 

10/26/2020 are now fully approved. 

* * * * * * * 

* * * * * 

[FR Doc. 2022–09514 Filed 5–5–22; 8:45 am] 

BILLING CODE 6560–50–P 


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