[Federal Register Volume 59, Number 160 (Friday, August 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20255]


[[Page Unknown]]

[Federal Register: August 19, 1994]


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


EVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[NH4-1-6411; A-1-FRL-5007-4]

 

Approval and Promulgation of Air Quality Implementation Plans; 
New Hampshire; Approval of PM10 State Implementation Plan (SIP) 
Revisions and Designation of Areas for Air Quality Planning Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of New Hampshire. These revisions were submitted 
in response to EPA's promulgation of new ambient air quality standards. 
The intended effect of this action is to approve revised National 
Ambient Air quality Standards (NAAQS) for particulate matter based on 
PM10 and other associated regulatory changes. This action is being 
taken in accordance with section 110 of the Clean Air Act.

DATES: This Final rule will become effective October 18, 1994, unless 
notice is received on or before September 19, 1994, 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 Linda M. Murphy, Director, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region I, JFK Federal Building, Boston, MA 02203.
    Copies of the documents relevant to this action are available for 
public inspection during normal business hours, by appointment at the 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region I, One Congress Street, 10th floor, Boston, 
MA; Air Docket 6102 U.S. Environmental Protection Agency, 401 M Street 
SW., Washington, DC 20460; and Air Resources Division, Department of 
Environmental Services, 64 North Main Street, Caller Box 2033, Concord, 
NH 03302-2033.

FOR FURTHER INFORMATION CONTACT:
Ian D. Cohen, (617) 565-3229.

SUPPLEMENTARY INFORMATION: On July 13, 1989, the State of New Hampshire 
submitted a formal revision to its State Implementation Plan (SIP). The 
SIP revision consists of changes to New Hampshire's Air Quality Rules. 
New Hampshire also requests redesignation of two municipalities from 
nonattainment for total suspended particulate (TSP) to unclassifiable.

Background

    On July 1, 1987 (52 FR 24634) EPA promulgated revised National 
Ambient Air Quality Standards (NAAQS) for particulate matter which was 
based upon the measurement of particles having a mean aerodynamic 
diameter of 10 microns or less (PM10). The revised standards 
replace TSP with PM10 as the standard for ambient air quality. 
States were required to make revisions to their SIPs to reflect this 
change. EPA classified certain areas of the United States as Group I or 
Group II for PM10 (52 FR 29383). Areas not so classified are Group 
III areas. The State of New Hampshire is a Group III area. In the case 
of a Group III area, EPA expects the State's current air pollution 
control requirements are sufficient to attain and maintain the 
PM10 standards. In such cases, the State need only submit 
revisions to its current SIP which adopt the new PM10 standard and 
make other minor adjustments.

New Hampshire Submittal

    On July 13, 1989, New Hampshire submitted formal SIP revisions. 
These SIP revisions change two sections of New Hampshire's air quality 
rules. Env-A 303 of the New Hampshire Code of Administrative Rules 
refers to ambient air quality standards. New Hampshire's submittal 
adopts the NAAQS for PM10 as the criteria pollutant for 
particulate matter for primary and secondary air quality standards and 
deletes the now obsolete TSP NAAQS. New Hampshire also revised Env-A 
1001, Open-Air Burning, to remove a reference to TSP. New Hampshire's 
submittal also requests that the cities of Berlin and Manchester be 
redesignated from nonattainment to unclassifiable for TSP. This change 
is consistent with and encouraged by the final rulemaking of July 1, 
1987 (52 FR 24682), because it eliminates the need for TSP to be 
monitored in addition to PM10. Both areas are expected to meet 
applicable PM10 standards.

Review of the New Hampshire Submittal

    EPA reviewed the New Hampshire Submittal to determine if it meets 
the requirements of the Clean Air Act, EPA regulations, and applicable 
policies. The submittal meets the requirements found in the July 1, 
1987, Federal Register (52 FR 24672), and EPA policy contained in the 
PM10 SIP Development Guideline (EPA-450/2-86-001), dated June 
1987, with a supplement dated July 1988.
    The State of New Hampshire held a public hearing on the proposed 
changes on March 16, 1989. There were no public comments. On April 21, 
1989, the amendments to rule Env-A 303, were approved by the Joint 
Legislative Committee on Administrative Rules at a public hearing, and 
received final adoption by the Air Resources Division, Department of 
Environmental Services. On May 24, 1989, the amendment to rule Env-A 
1001 received the same approval. New Hampshire's submittal clearly 
defines PM10 and sets primary and secondary National Ambient Air 
Quality Standards (NAAQS) for PM10 defined in accordance with 
appendix K of 40 CFR part 50.
    Legal authority to enforce these rules is contained in New 
Hampshire Law RSA 125-C:4. The State does not plan to delegate 
authority to any local agencies.
    New Hampshire's submittal calls for a network of ten (10) PM10 
monitoring sites. This network replaces the TSP network.

Changes in New Hampshire's Rules

    New Hampshire's SIP revisions amend two rules: Env-A 303 and Env-A 
1001. Env-A 303, specifically section Env-A 303.01, defines primary and 
secondary ambient air standards. New Hampshire's revisions define 
primary and secondary standards for particulate matter, consisting of 
PM10, measured at an annual arithmetic mean of 50 g/m3, 
and a maximum average 24 hour concentration of 150 g/m3, which 
may be exceeded on a number of days equal or less than an average of 
one per year as determined in accordance with Appendix K of 40 CFR Part 
50. Env-A 1001 specifies when open-air burning will be permitted or 
prohibited. The only change proposed would replace the phrase ``Total 
Suspended Particles (TSP)'', with the word ``particulates''. The 
revised rule forbids open burning in areas designated nonattainment for 
particulates.

Redesignation of TSP Nonattainment Areas

    EPA's final rulemaking of July 1, 1987 (52 FR 24682) promulgating 
the PM10 standard encourages states to request the redesignation 
of TSP nonattainment areas as unclassifiable for TSP at the time they 
submit their PM10 SIP revisions. This is permissible because TSP 
is no longer the indicator for the particulate matter NAAQS. An area 
designation (i.e., unclassifiable) must be maintained until the 
PM10 increment takes effect because section 163 PSD increments 
depend on the existence of section 107 designations. New Hampshire has 
requested the redesignation of Berlin and Manchester from nonattainment 
to unclassifiable for TSP. The entire State of New Hampshire was 
originally classified as Group III (52 FR 29383); therefore it is 
permissible to redesignate these areas as unclassifiable for TSP.

Clean Air Act Amendments of 1990

    The Agency has reviewed this SIP Revision for conformance with the 
provisions of the Clean Air Act Amendments of 1990. EPA has determined 
that this action conforms with those requirements irrespective of the 
fact that the State Submittal preceded the date of enactment. Group III 
PM10 areas which did not show a violation of the NAAQS for 
PM10 are now designated as unclassifiable for PM10 under 
section 107(d)(4)(B)(iii).
    EPA is approving this SIP revision without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. This action will be effective 60 days from the 
date of this Federal Register notice unless, within 30 days of its 
publication, notice is received that adverse or critical comments will 
be submitted. If such notice is received, this action will be withdrawn 
before the effective date by simultaneously publishing two subsequent 
documents. One document will withdraw the final action and another will 
begin a new rulemaking by announcing a proposal of the action and 
establishing a comment period. If no such comments are received, the 
public is advised that this action will be effective on October 18, 
1994.

Final Action

    EPA is approving revisions to Env-A 303.01 and Env-A 1001 as New 
Hampshire's Group III PM10 SIP; and EPA is approving the State's 
request to redesignate Berlin and Manchester from nonattainment to 
unclassifiable for TSP.
    Under the Regulatory Flexibility Act, 5 U.S.C. 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. 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.
    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. A future document will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and Table 3 SIP revisions from the requirement of 
section 3 of Executive Order 12291 for a period of two years. The US 
EPA has submitted a request for a permanent waiver for Table 2 and 
Table 3 SIP revisions. The OMB has agreed to continue the waiver until 
such time as it rules on USEPA's request. This request continues in 
effect under Executive Order 12866 which superseded Executive Order 
12291 on September 30, 1993.
    SIP approvals under section 110 and subchapter I, part D of the CAA 
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, I certify 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 regulatory flexibility analysis would constitute 
federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S. EPA, 427 U.S. 246, 256-66 (S. Ct. 1976); 42 
U.S.C. 7410 (a)(2).
    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.
    The Agency has reviewed this request for revision of the federally-
approved State implementation plan for conformance with the provisions 
of the 1990 Amendments enacted on November 15, 1990. Although New 
Hampshire submitted this request prior to November 15, 1990, the Agency 
has determined that this action conforms with those requirements. The 
revisions strengthen the requirements in the New Hampshire SIP and 
conform to all of EPA's current regulations.
    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 October 18, 1994. 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).)

List of Subjects in 40 CFR Part 52

    Air pollution control, Incorporation by reference, 
Intergovernmental relations, Particulate matter, 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: June 10, 1994.
Patrica L. Meaney,
Acting Regional Administrator, Region I.

    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)(40) to read 
as follows:


Sec. 52.1520  Identification of plan.

* * * * *
    (c) * * *
    (40) Revisions to the State Implementation Plan submitted by the 
New Hampshire Air Resources Division on July 6, 1989.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated July 
6, 1989 submitting revisions to the New Hampshire State Implementation 
Plan.
    (B) Revisions to New Hampshire's Rule Env-A 303.01 entitled 
``Particulate Matter,'' effective April 21, 1989.
    (C) Revisions to New Hampshire's Rule Env-A 1001.02 entitled 
``permissible Open Burning,'' effective May 26, 1989.
    3. In Sec. 52.1525 the table is amended by adding new entries to 
existing state citations for ``particulate matter'' and ``open air 
burning'' to read as follows:


Sec. 52.1525  EPA-Approved New Hampshire State regulations.

* * * * * 

                      Table 52.1525.--EPA-Approved Rules and Regulations\1\--New Hampshire                      
----------------------------------------------------------------------------------------------------------------
                                        Date                                                                    
  Title/subject     State citation    adopted    Date approved EPA    Federal Register    52.1520     Comments  
                      chapter\2\       State                             citation                               
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                  * * * * * * *                                                 
Particulate matter  Env-A 303           4/21/89  August 19, 1994...  [FR citation from      (c)(40)       303.01
                                                                      published date].                   303.015
Open-Air Burning..  Env-A 1001          5/19/89  August 19,1994....  FR citation from       (c)(40)     1001.02 
                                                                      published date].                          
----------------------------------------------------------------------------------------------------------------
\1\These regulations are applicable statewide unless otherwise noted in the Comments section.                   
\2\When the New Hampshire Department of Environmental Services was established in 1987, the citation chapter    
  title for the air regulations changed from CH Air to Enr-A.                                                   

Subpart C--New Hampshire

PART 81--[AMENDED]

    1. The authority for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.
    2. Section 81.330 is amended by revising the attainment status 
designation table for TSP to read as follows:


Sec. 81.330  New Hampshire.

                                               New Hampshire-TSP                                                
----------------------------------------------------------------------------------------------------------------
                                                                                                   Better than  
    Designated area      Does not meet primary       Does not meet       Cannot be classified       national    
                               standards          secondary standards                               standard    
----------------------------------------------------------------------------------------------------------------
Metro Keene...........  ......................  ......................  ......................  X               
Metro Manchester......  ......................  ......................  X                       ................
Remainder of New        ......................  ......................  ......................  X               
 Hampshire's Portion                                                                                            
 of So. N.H.M.V. AQCR                                                                                           
 121.                                                                                                           
Central NH Interstate   ......................  ......................  ......................  X               
 AQCR 149.                                                                                                      
Metro Berlin..........  ......................  ......................  X                       ................
Remainder of New        ......................  ......................  ......................  X               
 Hampshire's portion                                                                                            
 of Androscoggin                                                                                                
 Valley Interstate                                                                                              
 ACQR 107.                                                                                                      
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 94-20255 Filed 8-18-94; 8:45 am]
BILLING CODE 6560-50-M