[Federal Register Volume 76, Number 53 (Friday, March 18, 2011)]
[Rules and Regulations]
[Pages 14805-14807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6306]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2010-0934; A-1-FRL-9281-5]


Approval and Promulgation of Air Quality Implementation Plans; 
New Hampshire; Determination of Attainment of the 1997 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final Rule.

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SUMMARY: The EPA is taking final action to determine that the Boston-
Manchester-Portsmouth (SE), New Hampshire moderate 1997 8-hour ozone 
nonattainment area has attained the 1997 8-hour National Ambient Air 
Quality Standard (NAAQS) for ozone. This determination is based upon 
complete, quality-assured, certified ambient air monitoring data that 
show the area has monitored attainment of the 1997 8-hour ozone NAAQS 
for the 2007-2009 monitoring period. Preliminary data available for the 
2010 ozone season is consistent with continued attainment. Under the 
provisions of EPA's ozone implementation rule, 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 1997 8-hour ozone 
NAAQS shall be suspended for so long as the area continues to attain 
the 1997 ozone NAAQS. In addition, EPA is taking final action to 
determine that this area has attained the 1997 ozone NAAQS as of June 
15, 2010, its applicable attainment date.

DATES: Effective Date: This rule is effective on April 18, 2011.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2010-0934. All documents in the docket 
are listed on the http://www.regulations.gov Web site. Although

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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 http://www.regulations.gov or in hard copy at the Office of 
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New 
England Regional Office, Office of Ecosystem Protection, Air Quality 
Planning Unit, 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 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, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912, 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 actions is EPA taking?
II. What is the effect of these actions?
III. Final Actions
IV. Statutory and Executive Order Reviews

I. What actions is EPA taking?

    EPA is taking final action to determine that the Boston-Manchester-
Portsmouth (SE), New Hampshire moderate 8-hour ozone nonattainment area 
has attained the 1997 8-hour ozone National Ambient Air Quality 
Standard (NAAQS). This determination is based upon complete, quality-
assured and certified ambient air monitoring data that show the area 
has monitored attainment of the 1997 ozone NAAQS for the 2007-2009 
monitoring period. In addition, preliminary data for 2010 shows this 
area continues to meet the 1997 ozone NAAQS.
    Based on the air quality data cited above, EPA is also taking final 
action to determine, under section 181(b)(2)(A) of the Clean Air Act 
(CAA), that this area has attained the 1997 ozone NAAQS by its 
applicable attainment date (June 15, 2010).
    On March 27, 2008 (73 FR 16436), EPA promulgated a revised 8-hour 
ozone standard of 0.075 ppm. On January 6, 2010, EPA again addressed 
this 2008 revised standard and proposed to set the primary 8-hour ozone 
standard within the range of 0.060 to 0.070 ppm, rather than at 0.075 
ppm. EPA is working to complete reconsideration of the standard. If EPA 
establishes a new primary ozone standard as a result of the 
reconsideration, it would fully replace the standard set in 2008. Thus, 
implementation requirements for the 2008 standard would no longer 
apply. EPA would then proceed with designations with respect to the new 
standard. Today's rulemaking relates only to the 1997 8-hour ozone 
standard and is not affected by the ongoing process of reconsidering 
the revised 2008 standard. This action addresses only the 1997 8-hour 
ozone standard of 0.08 ppm, and does not address any subsequently 
revised 8-hour ozone standard.
    Other specific details related to the determinations and the 
rationale for EPA's final actions are explained in the Notice of 
Proposed Rulemaking (NPR) for these actions published on December 6, 
2010 (75 FR 75656) and will not be restated here. No comments were 
received on the NPR.

II. What is the effect of these actions?

    The effect of this action is to reaffirm EPA's prior determination 
of attainment for this area (See 73 FR 14387 (March 18, 2004)), and 
thus, pursuant to 40 CFR. 51.918, to continue the suspension of New 
Hampshire's obligation to make certain SIP submissions for this area.
    Under the provisions of EPA's ozone implementation rule (see 40 CFR 
51.918), the determination that the area is attaining the standard 
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 1997 8-hour ozone NAAQS for so long 
as the area continues to attain the 1997 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 1997 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 1997 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.
    In addition, in accordance with CAA section 181(b)(2)(A), EPA is 
determining that the Boston-Manchester-Portsmouth (SE), New Hampshire 
1997 8-hour ozone nonattainment area has attained the 1997 ozone NAAQS 
by its applicable attainment date of June 15, 2010. The effect of this 
determination of attainment by the area's attainment date is to 
discharge EPA's obligation under section 181(b)(2)(A), and to establish 
that, in accordance with that section, the area will not be 
reclassified for failure to attain by its applicable attainment date.

III. Final Actions

    EPA is determining that the Boston-Manchester-Portsmouth (SE), New 
Hampshire 8-hour ozone nonattainment area has attained the 1997 8-hour 
ozone standard based on three years of complete, quality-assured and 
certified ozone monitoring data from 2007-2009. Preliminary data 
available for 2010 are consistent with continued attainment. 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, contingency measures under section 172(c)(9), 
and any other planning SIP related to attainment of the 1997 8-hour 
ozone NAAQS for this area, for so long as the area continues to attain 
the 1997 ozone standard. In addition, pursuant to CAA section 
181(b)(2)(A), EPA is determining that the Boston-Manchester-Portsmouth 
(SE), New Hampshire 8-hour ozone nonattainment area has attained the 
1997 8-hour ozone NAAQS by its applicable attainment date (June 15, 
2010).

IV. Statutory and Executive Order Reviews

    These actions make a determination of attainment based on air 
quality, and result in the suspension of certain Federal requirements, 
and do not impose additional requirements beyond those imposed by state 
law. For that reason, these actions:
     Are not ``significant regulatory actions'' subject to 
review by the Office

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of Management and Budget under Executive Order 12866 (58 FR 51735, 
October 4, 1993);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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, these actions do not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    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 these actions 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 17, 2011. 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, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: March 8, 2011.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    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 (e) to read as 
follows:


Sec.  52.1534  Control strategy: Ozone.

* * * * *
    (e) Determination of Attainment. Effective April 18, 2011, EPA is 
determining that the Boston-Manchester-Portsmouth (SE), New Hampshire 
8-hour ozone nonattainment area has attained the 1997 8-hour ozone 
standard based on 2007-2009 monitoring data. 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 1997 8-hour ozone standard. If a violation of the 
1997 ozone NAAQS is monitored in the Boston-Manchester-Portsmouth (SE), 
New Hampshire 8-hour ozone nonattainment area, this determination shall 
no longer apply. In addition, this area met its June 15, 2010 
attainment deadline for the 1997 ozone standard.

[FR Doc. 2011-6306 Filed 3-17-11; 8:45 am]
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