[Federal Register Volume 73, Number 53 (Tuesday, March 18, 2008)]
[Rules and Regulations]
[Pages 14387-14388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5406]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2008-0069; A-1-FRL-8543-4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is determining 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. 
This determination suspends 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 and these requirements 
shall remain suspended for so long as the area continues to attain the 
ozone NAAQS.

EFFECTIVE DATE: This rule is effective on March 18, 2008.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2008-0069. All documents in the docket 
are listed on the www.regulations.gov Web site. 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 through 
www.regulations.gov or in hard copy at the 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. When Is This Action Effective?
IV. Final Action
V. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is determining 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.
    Other specific requirements of the determination and the rationale 
for EPA's proposed action are explained in the Notice of Proposed 
Rulemaking (NPR) published on February 7, 2008 (73 FR 7324) and will 
not be restated here. No public comments were received on the NPR.

II. What Is the Effect of This Action?

    Under the provisions of EPA's ozone implementation rule (see 40 CFR 
Section 51.918), this determination suspends 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 for so long as the area continues to attain 
the ozone NAAQS.
    This action does not constitute a redesignation to attainment under 
CAA section 107(d)(3), because the area does not have an approved 
maintenance plan 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 
remains 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 EPA subsequently determines, after notice-and-comment rulemaking 
in the Federal Register, that the area has violated the current 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. When Is This Action Effective?

    EPA finds that there is good cause for this approval to become 
effective on the date of publication of this action in the Federal 
Register, because a delayed effective date is unnecessary due to the 
nature of the approval. The expedited effective date for this action is 
authorized under both 5 U.S.C. 553(d)(1), which provides that rule 
actions may become effective less than 30 days after publication if the 
rule ``grants or recognizes an exemption or relieves a restriction'' 
and 5 U.S.C. 553(d)(3), which allows an effective date less than 30 
days after publication ``as otherwise provided by the agency for good 
cause found and published with the rule.'' As noted above, this 
determination of attainment suspends the requirements for New Hampshire 
to submit an attainment demonstration, a reasonable further progress 
plan, section 172(c)(9) contingency measures, and any other planning 
SIPs related to attainment of the 8-hour ozone NAAQS for so long as the 
area continues to attain the ozone NAAQS. The suspension of these 
requirements is sufficient reason to allow an expedited effective date 
of this rule under 5 U.S.C. 553(d)(1). In addition, New Hampshire's 
suspension from these requirements provides good cause to make this 
rule effective on the date of publication of this action in the Federal 
Register, pursuant to 5 U.S.C. 553(d)(3). The purpose of the 30-day 
waiting period prescribed in 5 U.S.C. 553(d) is to give affected 
parties a reasonable time to adjust their behavior and prepare before 
the final rule takes effect. Where, as

[[Page 14388]]

here, the final rule suspends requirements rather than imposing 
obligations, affected parties, such as the State of New Hampshire, do 
not need time to adjust and prepare before the rule takes effect.

IV. Final Action

    EPA is determining 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 51.918, this determination 
suspends 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.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory 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 
makes a determination based on air quality data, and results 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 
makes a determination based on air quality data, and results 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 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 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 makes a determination 
based on air quality data and results 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 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 determines 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 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 
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.
    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 rule 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 May 19, 2008. 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

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: March 11, 2008.
Robert W. Varney,
Regional Administrator, EPA New England.

0
Part 52 of chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart EE--New Hampshire

0
2. Section 52.1534 is amended by adding paragraph (c) to read as 
follows:


Sec.  52.1534  Control strategy: Ozone.

* * * * *
    (c) Determination of Attainment. Effective March 18, 2008, EPA is 
determining that the Boston-Manchester-Portsmouth (SE), New Hampshire 
8-hour ozone nonattainment area has attained the 8-hour ozone standard. 
Under the provisions of EPA's ozone implementation rule (see 40 CFR 
51.918), this determination suspends the reasonable further progress 
and attainment demonstration requirements of section 182(b)(1) and 
related requirements of section 172(c)(9) of the Clean Air Act for as 
long as the area does not monitor any violations of the 8-hour ozone 
standard. If a violation of the ozone NAAQS is monitored in the Boston-
Manchester-Portsmouth (SE), New Hampshire 8-hour ozone nonattainment 
area, this determination shall no longer apply.

 [FR Doc. E8-5406 Filed 3-17-08; 8:45 am]
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