[Federal Register Volume 73, Number 26 (Thursday, February 7, 2008)]
[Proposed Rules]
[Pages 7234-7236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2251]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2008-0069; A-1-FRL-8526-7]


Approval and Promulgation of Air Quality Implementation Plans; 
New Hampshire; Determination of Attainment of the Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to determine that the Boston-Manchester-
Portsmouth (SE), New Hampshire moderate 8-hour ozone nonattainment area 
has attained the 8-hour National Ambient Air Quality Standard (NAAQS) 
for ozone. This determination is based upon certified ambient air 
monitoring data that show the area has monitored attainment of the 8-
hour ozone NAAQS since the 2002-2004 monitoring period, and continues 
to monitor attainment of the NAAQS based on 2004-2006 data. In 
addition, quality controlled and quality assured ozone data for 2007 
that are available in the EPA Air Quality System database, but not yet 
certified, show this area continues to attain the 8-hour ozone NAAQS. 
If this proposed determination is made final, the requirements for this 
area to submit an attainment demonstration, a reasonable further 
progress plan, contingency measures, and other planning State 
Implementation Plans related to attainment of the 8-hour ozone NAAQS 
shall be suspended for so long as the area continues to attain the 
ozone NAAQS.

DATES: Written comments must be received on or before March 10, 2008.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2008-0069 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Mail: ``Docket Identification Number EPA-R01-OAR-2008-0069,'' 
Anne Arnold, U.S. Environmental Protection Agency, EPA New England 
Regional Office, One Congress Street, Suite 1100 (mail code CAQ), 
Boston, MA 02114-2023.
    4. Hand Delivery or Courier. Deliver your comments to: Anne Arnold, 
Manager, Air Quality Planning Unit, Office of Ecosystem Protection, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
One Congress Street, 11th floor, (CAQ), Boston, MA 02114-2023. Such 
deliveries are only accepted during the Regional Office's normal hours 
of operation. The Regional Office's official hours of business are 
Monday through Friday, 8:30 to 4:30, excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2008-0069. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov, or e-
mail, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. 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 either electronically in www.regulations.gov or 
in hard copy at Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, EPA New England Regional Office, One Congress 
Street, Suite 1100, 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 to 4:30, excluding 
legal holidays.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality 
Planning Unit, U.S. Environmental Protection Agency, EPA New England 
Regional Office, One Congress Street, Suite 1100 (CAQ), Boston, MA 
02114-2023, telephone number (617) 918-1664, fax number (617) 918-0664, 
e-mail [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. What Action Is EPA Taking?
II. What Is the Effect of This Action?
III. What Is the Background for This Action?
IV. What Is EPA's Analysis of the Relevant Air Quality Data?
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is proposing to determine that the Boston-Manchester-Portsmouth 
(SE), New Hampshire moderate 8-hour ozone nonattainment area has 
attained the 8-hour National Ambient Air Quality Standard (NAAQS) for 
ozone. This determination is based upon certified ambient air 
monitoring data that show the area has monitored attainment of the 
ozone NAAQS since the 2002-2004 monitoring period, and monitoring data 
that continue to show attainment of the NAAQS based on 2004-2006 data. 
In addition, quality controlled and quality assured ozone data for 2007 
that are available in the EPA Air Quality System (AQS) database, but 
not yet certified, show this area continues to attain the ozone NAAQS.

II. What Is the Effect of This Action?

    If this determination is made final, under the provisions of EPA's 
ozone implementation rule (see 40 CFR Section 51.918), the requirements 
for the Boston-Manchester-Portsmouth (SE), New Hampshire moderate ozone 
nonattainment area to submit an attainment demonstration, a reasonable 
further progress plan, section 172(c)(9) contingency measures, and any 
other planning State Implementation Plans (SIPs) related to attainment 
of the 8-hour ozone NAAQS would be suspended for so long as the area 
continues to attain the ozone NAAQS.
    This proposed action, if finalized, would not constitute a 
redesignation to

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attainment under CAA section 107(d)(3), because we would not yet have 
an approved maintenance plan for the area as required under section 
175A of the CAA, nor a determination that the area has met the other 
requirements for redesignation. The classification and designation 
status of the area would remain moderate nonattainment for the 8-hour 
ozone NAAQS until such time as EPA determines that it meets the CAA 
requirements for redesignation to attainment.
    If this rulemaking is finalized and EPA subsequently determines, 
after notice-and-comment rulemaking in the Federal Register, that the 
area has violated the 8-hour ozone standard, the basis for the 
suspension of these requirements would no longer exist, and the area 
would thereafter have to address the pertinent requirements.

III. What Is the Background for This Action?

    On April 30, 2004 (69 FR 23857), EPA designated as nonattainment 
any area that was violating the 8-hour ozone NAAQS based on the three 
most recent years (2001-2003) of air quality data. Portions of 
Hillsborough, Merrimack, and Rockingham, and Strafford Counties in New 
Hampshire were designated as a moderate ozone nonattainment area 
(specifically, the Boston-Manchester-Portsmouth (SE), New Hampshire 
area). The rest of New Hampshire was designated as attainment of the 8-
hour ozone NAAQS. (See 40 CFR 81.330.) More recent air quality data, 
however, indicate that the Boston-Manchester-Portsmouth (SE), New 
Hampshire area is now attaining the 8-hour ozone standard.

IV. What Is EPA's Analysis of the Relevant Air Quality Data?

    The EPA has reviewed the ambient air monitoring data for ozone, 
consistent with the requirements contained in 40 CFR Part 50 and 
recorded in the EPA Air Quality System (AQS) database, for the Boston-
Manchester-Portsmouth (SE), New Hampshire ozone nonattainment area, 
from 2002 through the present time. On the basis of that review, EPA 
has concluded that this area attained the 8-hour ozone standard at the 
end of the 2004 ozone season, based on certified 2002-2004 ozone data, 
and continued to attain the standard through and inclusive of the 2004-
2006 ozone seasons. In addition, quality controlled and quality assured 
ozone data for 2007, that are available in AQS, but not yet certified, 
show this area continues to attain the 8-hour ozone NAAQS.
    Under EPA regulations at 40 CFR Part 50, the 8-hour ozone standard 
is attained when the 3-year average of the annual fourth-highest daily 
maximum 8-hour average ozone concentrations at an ozone monitor is less 
than or equal to 0.08 parts per million (ppm) (i.e., 0.084 ppm, based 
on the rounding convention in 40 CFR part 50, Appendix I). This 3-year 
average is referred to as the design value. When the design value is 
less than or equal to 0.084 ppm (84 parts per billion (ppb)) at each 
monitor within the area, then the area is meeting the NAAQS. (See 69 FR 
23857 (April 30, 2004) for further information.) Also, the data 
completeness requirement is met when the average percent of days with 
valid ambient monitoring data is greater than 90%, and no single year 
has less than 75% data completeness as determined in Appendix I of 40 
CFR Part 50.
    Table 1 shows the fourth-highest daily maximum 8-hour average ozone 
concentrations for the Boston-Manchester-Portsmouth (SE), New Hampshire 
nonattainment area monitors for the years 2004-2007. Table 2 shows the 
ozone design values for these same monitors based on the following 3-
year periods: 2002-2004; 2003-2005; 2004-2006; and 2005-2007.

  Table 1.--Fourth-High 8-Hour Ozone Average Concentrations (Parts Per Million, PPM) in the Boston-Manchester-
                                       Portsmouth (SE), New Hampshire Area
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                  Location                      AQS site ID       2004         2005         2006         2007
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Manchester..................................       330110020        0.071        0.071        0.068        0.074
Nashua......................................       330111011        0.080        0.082        0.073        0.081
Portsmouth..................................       330150014        0.076        0.075        0.073        0.078
Rye.........................................       330150016        0.074        0.075        0.076        0.086
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        Table 2.--Ozone Design Values (PPM) for the Boston-Manchester-Portsmouth (SE), New Hampshire Area
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                  Location                      AQS site ID    2002-2004    2003-2005    2004-2006    2005-2007
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Manchester..................................       330110020        0.075        0.070        0.070        0.071
Nashua......................................       330111011        0.084        0.080        0.078        0.078
Portsmouth..................................       330150014        0.079        0.074        0.074        0.075
Rye.........................................       330150016        0.078        0.073        0.075        0.079
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    EPA's review of these data indicate that the Boston-Manchester-
Portsmouth (SE), New Hampshire ozone nonattainment area has met and 
continues to meet the 8-hour ozone NAAQS. EPA is soliciting public 
comments on the issues discussed in this notice or on other relevant 
matters. These comments will be considered before taking final action. 
Interested parties may participate in the Federal rulemaking procedure 
by submitting written comments to the EPA New England Regional Office 
listed in the ADDRESSES section of this Federal Register.

V. Proposed Action

    EPA is proposing to determine that the Boston-Manchester-Portsmouth 
(SE), New Hampshire 8-hour ozone nonattainment area has attained the 8-
hour ozone standard and continues to attain the standard based on data 
through the 2007 ozone season. As provided in 40 CFR Section 51.918, if 
EPA finalizes this determination, it would suspend the requirements for 
New Hampshire to submit an attainment demonstration, a reasonable 
further progress plan, and contingency measures under section 
172(c)(9), and any other planning SIP related to attainment of the 8-
hour ozone NAAQS for this area, for so long as the area continues to 
attain the standard.

VI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory

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action'' and therefore is not subject to review by the Office of 
Management and Budget. For this reason, this action is also not subject 
to Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001). This action proposes to make a determination 
based on air quality data, and would, if finalized, result in the 
suspension of certain Federal requirements. Accordingly, the 
Administrator certifies that this rule will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601, et seq.). Because this rule 
proposes to make a determination based on air quality data, and would, 
if finalized, result in the suspension of certain Federal requirements, 
it 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).
    This proposed rule also does not have tribal implications because 
it will not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes, as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000). This proposed action also 
does not have Federalism implications because it does not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999), 
because it merely proposes to make a determination based on air quality 
data and would, if finalized, result in the suspension of certain 
Federal requirements, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act. This proposed rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it proposes to determine 
that air quality in the affected area is meeting Federal standards.
    The requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply 
because it would be inconsistent with applicable law for EPA, when 
determining the attainment status of an area, to use voluntary 
consensus standards in place of promulgated air quality standards and 
monitoring procedures that otherwise satisfy the provisions of the 
Clean Air Act.
    This proposed rule does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501, et seq.)
    Under Executive Order 12898, EPA finds that this rule involves a 
proposed determination of attainment based on air quality data and will 
not have disproportionately high and adverse human health or 
environmental effects on any communities in the area, including 
minority and low-income communities.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

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

    Dated: January 30, 2008.
Robert W. Varney,
Regional Administrator, EPA New England.
 [FR Doc. E8-2251 Filed 2-6-08; 8:45 am]
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