[Federal Register Volume 77, Number 139 (Thursday, July 19, 2012)]
[Proposed Rules]
[Pages 42470-42476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17621]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2012-0229; A-1-FRL-9700-5]


Approval and Promulgation of Air Quality Implementation Plans; 
New Hampshire; Determination of Attainment of the One-Hour Ozone 
Standard for the Portsmouth-Dover-Rochester and Manchester Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to make four separate and independent 
determinations for two areas in New Hampshire. First, with respect to 
the

[[Page 42471]]

Portsmouth-Dover-Rochester, (Portsmouth) serious one-hour ozone 
nonattainment area, EPA is proposing to determine that the area 
attained the one-hour National Ambient Air Quality Standard (NAAQS) for 
ozone, by the applicable deadline of November 15, 1999. Second, EPA is 
proposing to determine that the Portsmouth area attained the one-hour 
ozone standard in 1999, and continues to attain the standard. Third, 
EPA is proposing to determine that the Manchester marginal one-hour 
ozone nonattainment area attained the one-hour NAAQS, by the applicable 
deadline of November 15, 1993. Fourth, EPA is proposing to determine, 
that the Manchester area has attained the one-hour ozone standard since 
1993, and continues to attain the standard.

DATES: Written comments must be received on or before August 20, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2012- 0229 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2012-0229, '' 
Anne Arnold, U.S. Environmental Protection Agency, EPA New England 
Regional Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), 
Boston, MA 02109-3912.
    5. 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, 
5 Post Office Square, Suite 100, Boston, MA 02109-3912. 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-
2012- 0229. 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 
email, 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 email 
comment directly to EPA without going through www.regulations.gov your 
email 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, 5 Post Office 
Square, Suite 100, Boston, MA. EPA requests that if at all possible, 
you contact the person 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, email 
[email protected].

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

I. What is EPA proposing?
II. What is the background for these proposed actions?
III. What is EPA's analysis of data for purposes of determining 
attainment of the one-hour ozone standard?
    A. How does EPA compute whether an area meets the one-hour ozone 
standard?
    B. EPA's Analysis of the One-Hour Ozone Data for the Portsmouth, 
NH Serious One-Hour Ozone Nonattainment Area
    C. EPA's Analysis of the One-Hour Ozone Data for the Manchester, 
NH Marginal One-Hour Ozone Nonattainment Area
IV. What is the effect of the proposed determinations?
V. Proposed Determinations
VI. Statutory and Executive Order Reviews

I. What is EPA proposing?

    EPA is proposing to determine that the Portsmouth, NH serious one-
hour ozone nonattainment area attained the one-hour ozone NAAQS by the 
deadline of November 15, 1999. This proposed determination is based 
upon complete, quality-assured and certified air quality monitoring 
data for the 1997-1999 ozone seasons showing that the area had an 
expected ozone exceedance rate below the level of the now revoked one-
hour ozone NAAQS during that period and therefore attained the standard 
by its applicable deadline. EPA is also proposing to determine that the 
Portsmouth, NH area is currently attaining the standard based on 
complete, certified and quality-assured ozone monitoring data since 
1999 and continues to attain the standard based on the most recent 
three years of complete, quality-assured and certified ozone monitoring 
data (2009-2011). If EPA finalizes its determination, that the area is 
currently attaining the one-hour standard, in accordance with EPA's 
interpretation under the Clean Data Policy, it will relieve the area of 
the obligation to submit one-hour ozone contingency measures for 
failure to attain.
    In addition, EPA is proposing to determine that the Manchester, NH 
marginal one-hour ozone nonattainment area attained the one-hour ozone 
NAAQS by the applicable deadline of November 15, 1993. This proposed 
determination is based upon complete, certified, quality-assured 
ambient air quality monitoring data for the 1991-1993 ozone seasons 
showing that the area had an expected ozone exceedance rate below the 
level of the now revoked one-hour ozone NAAQS during that period, and 
that the area attained the standard by its applicable deadline. EPA is 
also proposing to determine that the Manchester, NH area has attained 
the one-hour ozone standard since 1993, and continues to attain the 
standard based on the most recent three years of

[[Page 42472]]

complete, quality-assured and certified ozone monitoring data (2009-
2011).

II. What is the background for these proposed actions?

    EPA designated the Portsmouth, NH serious one-hour ozone 
nonattainment area as nonattainment for the one-hour ozone standard 
following the enactment of the Clean Air Act (CAA) Amendments of 1990. 
Most areas of the country that EPA designated nonattainment for the 
one-hour ozone NAAQS were classified by operation of law as marginal, 
moderate, serious, severe, or extreme, depending on the severity of the 
area's air quality problem. (See CAA sections 107(d)(1)(C) and 181(a).) 
The Portsmouth, NH one-hour ozone nonattainment area was classified as 
serious. The one-hour ozone attainment deadline for the area was 
November 15, 1999. The Portsmouth, NH area has both an approved 15 
Percent Reasonable Further Progress (RFP) plan and a Post-96 RFP plan. 
(See 63 FR 67405, December 7, 1998; and 67 FR 18493, April 16, 2002.) 
The area does not have an approved one-hour attainment demonstration, 
or one-hour contingency measures, but if EPA finalizes its proposed 
one-hour determinations, there would be no requirement for the 
Portsmouth, NH area to submit or implement one-hour ozone contingency 
measures for failure to attain the standard or for the Portsmouth, NH 
area to submit or implement a one-hour attainment demonstration.
    In addition, EPA designated the Manchester, NH one-hour ozone 
nonattainment area as marginal for the one-hour ozone standard. The 
one-hour ozone attainment deadline for this area was November 15, 1993. 
Marginal areas had very few CAA requirements. For example one-hour 
ozone marginal areas did not have to prepare or submit attainment 
demonstrations, RFP or contingency measures. Table 1 lists the cities 
and towns in the Portsmouth and Manchester, NH one-hour ozone 
nonattainment areas. (See also 40 CFR 81.330.)

                  Table 1--List of Cities and Towns for the Portsmouth and Manchester, NH Areas
----------------------------------------------------------------------------------------------------------------
               Area                         County          Cities and towns included        Classification
----------------------------------------------------------------------------------------------------------------
Manchester, NH Area...............  Merrimack (all)......  Allenstown, Andover,        Marginal.
                                                            Boscawen, Bow, Bradford,
                                                            Canterbury, Chichester,
                                                            Concord, Danbury,
                                                            Dunbarton, Epsom,
                                                            Franklin, Henniker, Hill,
                                                            Hooksett, Hopkinton,
                                                            Loudon, New London,
                                                            Newbury, Northfield,
                                                            Pembroke, Pittsfield,
                                                            Salisbury, Sutton,
                                                            Warner, Webster, Wilmot.
                                    Hillsborough (part)..  Antrim, Bedford,            Marginal.
                                                            Bennington, Deering,
                                                            Francestown, Goffstown,
                                                            Greenfield, Greenville,
                                                            Hancock, Hillsborough,
                                                            Lyndeborough, Manchester,
                                                            Mason, New Boston, New
                                                            Ipswich, Petersborough,
                                                            Sharon, Temple, Weare,
                                                            Windsor.
                                    Rockingham (part)....  Auburn, Candia, Chester,    Marginal.
                                                            Deerfield, Epping,
                                                            Fremont, Northwood,
                                                            Nottingham, Raymond.
Portsmouth, NH Area...............  Rockingham (part)....  Exeter, Greenland,          Serious.
                                                            Hampton, New Castle,
                                                            Newfields, Newington,
                                                            Newmarket, North Hampton,
                                                            Portsmouth, Rye, Stratham.
                                    Strafford (all)......  Barrington, Dover, Durham,  Serious.
                                                            Farmington, Lee, Madbury,
                                                            Middleton, Milton, New
                                                            Durham, Rochester,
                                                            Rollinsford, Somersworth,
                                                            Strafford.
----------------------------------------------------------------------------------------------------------------

    On July 18, 1997 (62 FR 38856), EPA promulgated for the first time 
a new standard for ozone based on an 8-hour average concentration (the 
``1997 8-hour ozone NAAQS''). EPA designated and classified most areas 
of the country under the eight-hour ozone NAAQS in an April 30, 2004 
final rule (69 FR 23858). EPA designated Southern New Hampshire as 
nonattainment for the 1997 8-hour ozone NAAQS. This area is known as 
the Boston-Manchester-Portsmouth (SE), NH area. At the time of eight-
hour designations, the Boston-Manchester-Portsmouth (SE), NH area did 
not meet the one-hour ozone standard. The Boston-Manchester-Portsmouth 
(SE), NH area is composed of portions of three separate one-hour ozone 
nonattainment areas: (1) The Portsmouth, NH serious one-hour ozone 
nonattainment area; (2) the Boston-Lawrence-Worcester, MA-NH one-hour 
ozone nonattainment area; and (3) the Manchester, NH marginal one-hour 
ozone nonattainment area. This proposed action concerns the Portsmouth, 
NH serious one-hour ozone nonattainment area, and the Manchester, NH 
marginal one-hour ozone nonattainment area. The Boston-Lawrence-
Worcester, MA-NH one-hour ozone nonattainment area, was the subject of 
a previous Federal Register notice that determined the Boston-Lawrence-
Worcester, MA-NH one-hour ozone nonattainment area attained the one-
hour NAAQS by its attainment date (see 77 FR 31496, May 29, 2012).
    On April 30, 2004, EPA issued a final rule (69 FR 23951) entitled 
``Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality 
Standard--Phase 1,'' referred to as the Phase 1 Rule. Among other 
matters, this rule revoked the one-hour ozone NAAQS in most areas of 
the country, effective June 15, 2005. (See 40 CFR 50.9(b); 69 FR at 
23996; and 70 FR 44470, August 3, 2005.) The Phase 1 Rule also set 
forth how anti-backsliding principles will ensure continued progress 
toward attainment of the eight-hour ozone NAAQS by identifying which 
one-hour requirements remain applicable in an area after revocation of 
the one-hour ozone NAAQS. Although EPA revoked the one-hour ozone 
standard (effective June 15, 2005), eight-hour ozone nonattainment 
areas remain subject to certain one-hour anti-backsliding requirements 
based on their one-hour ozone classification.\1\ The United States 
Court of Appeals for the District of Columbia Circuit subsequently 
determined that EPA should have retained certain additional measures as 
one-hour ozone anti-backsliding requirements. These include one-hour 
ozone contingency measures under section 172(c)(9), which are to be 
implemented in the event an area fails to attain by its one-hour ozone 
attainment date. South Coast Air Quality Management District v. EPA,

[[Page 42473]]

472 F.3d 882 (D.C. Cir. 2006) rehearing denied 489 F.3d 1245. EPA has 
since added one-hour ozone contingency measures as an applicable 
requirement in 40 CFR 51.900(o). (See 77 FR 28424, May 14, 2012).
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    \1\ Final Rule to Implement the 8-Hour Ozone National Ambient 
Air Quality Standard--Phase 1, 69 FR 23951, April 30, 2004.
---------------------------------------------------------------------------

    EPA is proposing two separate and independent determinations for 
the Portsmouth, NH serious one-hour ozone nonattainment area. First, 
EPA is proposing to determine that the area attained the one-hour ozone 
standard by its attainment deadline, the end of the 1999 ozone season, 
and second, that the area continues to attain that NAAQS. If EPA 
finalizes its proposed determinations, there would be no requirement 
for the Portsmouth, NH area to submit or implement one-hour ozone 
contingency measures for failure to attain that standard.
    In addition, EPA is proposing to determine that the Manchester, NH 
marginal one-hour ozone nonattainment area attained the one-hour ozone 
standard by its attainment date, the end of the 1993 ozone season, and 
that the area continues to attain that NAAQS. Since the Manchester, NH 
area is a marginal nonattainment area for the one-hour ozone standard, 
the area has no CAA-required contingency measures for failure to attain 
the one-hour NAAQS.

III. What is EPA's analysis of data for purposes of determining 
attainment of the one-hour ozone standard?

A. How does EPA compute whether an area has attained the one-hour ozone 
standard?

    Although the one-hour ozone NAAQS as promulgated in 40 CFR 50.9 
includes no discussion of specific data handling conventions, EPA's 
publicly articulated position and the approach long since universally 
adopted by the air quality management community is that the 
interpretation of the one-hour ozone standard requires rounding ambient 
air quality data consistent with the stated level of the standard, 
which is 0.12 parts per million (ppm). 40 CFR 50.9(a) states that: 
``The level of the national one-hour primary and secondary ambient air 
quality standards for ozone * * * is 0.12 parts per million. * * * The 
standard is attained when the expected number of days per calendar year 
with maximum hourly average concentrations of 0.12 parts per million * 
* * is equal to or less than 1, as determined by appendix H to this 
part.'' Thus, compliance with the NAAQS is based on comparison of air 
quality concentrations with the standard and on the number of days that 
standard has been exceeded, adjusted for the number of missing days.
    For comparison with the NAAQS, EPA has communicated the data 
handling conventions for the one-hour ozone NAAQS in guidance 
documents. As early as 1979, EPA issued guidance stating that the level 
of our NAAQS dictates the number of significant figures to be used in 
determining whether the standard was exceeded. The stated level of the 
standard is taken as defining the number of significant figures to be 
used in comparisons with the standard. For example, a standard level of 
0.12 ppm means that measurements are to be rounded to two decimal 
places (0.005 rounds up), and, therefore, 0.125 ppm is the smallest 
concentration value in excess of the level of the standard. (See, 
``Guideline for the Interpretation of Ozone Air Quality Standards,'' 
EPA-450/4-79-003, OAQPS No. 1.2-108, January 1979.) EPA has 
consistently applied the rounding convention in this 1979 guideline. 
See, 68 FR 19111, April 17, 2003; 68 FR 62043, October 31, 2003; and 69 
FR 21719, April 22, 2004. Then, EPA determines attainment status under 
the one-hour ozone NAAQS on the basis of the annual average number of 
expected exceedances of the NAAQS over a three-year period. (See, 60 FR 
3349, January 17, 1995 and ``General Preamble for the Implementation of 
Title I of the Clean Air Act Amendments of 1990,'' at 57 FR 13506, 
April 16, 1992 (``General Preamble'').) EPA's determination is based 
upon data that have been collected and quality-assured in accordance 
with 40 CFR part 58, and recorded in EPA's Air Quality System (AQS) 
database. To account for missing data, the procedures found in appendix 
H to 40 CFR part 50 are used to adjust the actual number of monitored 
exceedances of the standard to yield the annual number of expected 
exceedances (``expected exceedance days'') at an air quality monitoring 
site. We determine if an area meets the one-hour ozone NAAQS by 
calculating, at each monitor, the average expected number of days over 
the standard per year (i.e., ``average number of expected exceedance 
days'') during the applicable 3-year period. See, the General Preamble, 
57 FR 13498, April 16, 1992. The term ``exceedance'' is used throughout 
this document to describe a daily maximum ozone measurement that is 
equal to or exceeds 0.125 ppm which is the level of the standard after 
rounding. An area violates the ozone standard if, over a consecutive 3-
year period, more than 3 days of expected exceedances occur at the same 
monitor. For more information please refer to 40 CFR 50.9 ``National 
one-hour primary and secondary ambient air quality standards for 
ozone'' and ``Interpretation of the one-hour Primary and Secondary 
National Ambient Air Quality Standards for Ozone'' (40 CFR part 50, 
appendix H).

B. EPA's Analysis of the One-Hour Ozone Data for the Portsmouth, NH 
Serious One-Hour Ozone Nonattainment Area

    Table 2 shows a summary of one-hour ozone data for all the ozone 
monitors in the Portsmouth, NH serious one-hour ozone nonattainment 
area for the period 1997-2011. In short, if the three-year average 
expected exceedance rate, shown in the far right column, is less than 
or equal to 1.0, the site meets the one-hour ozone NAAQS. If all sites 
in the area are shown to meet the one-hour ozone NAAQS, it can be 
determined that the area has attained the one-hour ozone NAAQS.

     Table 2--Average Expected Exceedance Rate for the One-Hour Ozone Standard in the Portsmouth, NH Serious
                                        Nonattainment Area for 1997-2011
----------------------------------------------------------------------------------------------------------------
                                                                                   Actual
                                                                               exceedance days   3-Year average
              AQS No.                      Site name              Years        over 0.124 ppm       expected
                                                                                    ozone        exceedance rate
----------------------------------------------------------------------------------------------------------------
33-015-0012........................  Rye-Harbor State Park         1997-1999                 2               0.7
                                                                   1998-2000                 0               0.0
                                                                   1999-2001                 1               0.3
                                                                   2000-2002                 2               0.7
                                                                   2001-2003                 2               0.7
                                                           -----------------------------------------------------
                                                                      Site relocated to Science Center
                                                           -----------------------------------------------------

[[Page 42474]]

 
33-015-0016........................  Rye-Seacoast Science          2003-2005                 0               0.0
                                      Center.                      2004-2006                 0               0.0
                                                                   2005-2007                 0               0.0
                                                                   2006-2008                 0               0.0
                                                                   2007-2009                 0               0.0
                                                                   2008-2010                 0               0.0
                                                                   2009-2011                 0               0.0
33-015-0013........................  Brentwood-South Road.         1998-2000                 0               0.0
                                                                   1999-2001                 0               0.0
                                                                   2000-2002                 0               0.0
                                                                   2001-2003                 0               0.0
                                                           -----------------------------------------------------
                                                                              Site Discontinued
                                                           -----------------------------------------------------
33-015-0009........................  Portsmouth-Vaughan            1997-1999                 2               0.7
                                      Street.                      1998-2000                 1               0.3
                                                           -----------------------------------------------------
                                                                      Site relocated to Port Authority
                                                           -----------------------------------------------------
33-015-0015........................  Portsmouth-Port               2001-2003                 2               0.7
                                      Authority.
                                                           -----------------------------------------------------
                                                                       Site relocated to Peirce Island
                                                           -----------------------------------------------------
33-015-0014........................  Portsmouth-Peirce             2003-2005                 0               0.0
                                      Island.                      2004-2006                 0               0.0
                                                                   2005-2007                 0               0.0
                                                                   2006-2008                 0               0.0
                                                                   2007-2009                 0               0.0
                                                                   2008-2010                 0               0.0
                                                                   2009-2011                 0               0.0
33-017-3002........................  Rochester-Rochester           1997-1999                 1               0.3
                                      Hill Road.                   1998-2000                 0               0.0
                                                                   1999-2001                 0               0.0
                                                                   2000-2002                 1               0.3
                                                                   2001-2003                 1               0.3
                                                           -----------------------------------------------------
                                                                              Site Discontinued
----------------------------------------------------------------------------------------------------------------

    As shown in Table 2, the Portsmouth, NH serious one-hour ozone 
nonattainment area attained the one-hour ozone NAAQS at the end of the 
1999 ozone season, since the three ozone monitors (Rye-Harbor State 
Park, Portsmouth-Vaughan Street, and Rochester-Rochester Hill Road) had 
expected exceedance rates below 1.0. Thus EPA is proposing to determine 
that, based on the 1997-1999 complete, quality-assured and certified 
ozone data in the Air Quality System (AQS) database, the Portsmouth, NH 
serious one-hour ozone nonattainment area met the one-hour ozone NAAQS, 
by the attainment deadline of November 15, 1999. EPA is also proposing 
to determine that the area has remained in attainment of the one-hour 
NAAQS ever since.

C. EPA's Analysis of the One-Hour Ozone Data for the Manchester, NH 
Marginal One-Hour Ozone Nonattainment Area

    Table 3 shows the results of one-hour ozone data for all the ozone 
monitors in the Manchester, NH marginal one-hour ozone nonattainment 
area for the period 1991-2011. In short, if the three-year average 
expected exceedance rate, shown in the far right column, is less than 
or equal to 1.0, the site meets the one-hour ozone NAAQS. If all sites 
in the area are shown to meet the one-hour ozone NAAQS, it can be 
determined that the area has attained the one-hour ozone NAAQS.

  Table 3--Average Expected Exceedance Rate for the One-Hour Ozone Standard in the Manchester, NH Marginal One-
                                   Hour Ozone Nonattainment Area for 1991-2011
----------------------------------------------------------------------------------------------------------------
                                                                                   Actual
                                                                               exceedance days   3-Year expected
              AQS No.                      Site name              Years        over 0.124 ppm    exceedance rate
                                                                                    ozone
----------------------------------------------------------------------------------------------------------------
33-011-0016........................  Manchester-Hartnett           1991-1993                 0               0.0
                                      Park.                        1992-1994                 0               0.0
                                                                   1993-1995                 0               0.0
                                                                   1994-1996                 0               0.0
                                                                   1995-1997                 0               0.0
                                                                   1996-1998                 0               0.0

[[Page 42475]]

 
                                                                   1997-1999                 0               0.0
                                                           -----------------------------------------------------
                                                                     Site relocated to Commercial Street
                                                           -----------------------------------------------------
33-011-0019........................  Manchester-North              1999-2000                 0                 *
                                      Commercial Street.
                                                           -----------------------------------------------------
                                                                       Site relocated to Pearl Street
                                                           -----------------------------------------------------
33-011-0020........................  Manchester-Pearl              2001-2003                 0               0.0
                                      Street.                      2002-2004                 0               0.0
                                                                   2003-2005                 0               0.0
                                                                   2004-2006                 0               0.0
                                                                   2005-2007                 0               0.0
                                                                   2006-2008                 0               0.0
                                                                   2007-2009                 0               0.0
                                                                   2008-2010                 0               0.0
33-013-0007........................  Concord-Storrs Street         1992-1993                 0                 *
                                                                   1992-1994                 0               0.0
                                                                   1993-1995                 0               0.0
                                                                   1994-1996                 0               0.0
                                                                   1995-1997                 0               0.0
                                                                   1996-1998                 0               0.0
                                                                   1997-1999                 0               0.0
                                                                   1998-2000                 0               0.0
                                                                   1999-2001                 1               0.3
                                                                   2000-2002                 1               0.3
                                                                   2001-2003                 1               0.3
                                                           -----------------------------------------------------
                                                                        Site relocated to Hazen Drive
                                                           -----------------------------------------------------
33-013-1007........................  Concord-Hazen Drive..         2004-2006                 0               0.0
                                                                   2005-2007                 0               0.0
                                                                   2006-2008                 0               0.0
                                                                   2007-2009                 0               0.0
                                                                   2008-2010                 0               0.0
                                                                   2009-2011                 0               0.0
----------------------------------------------------------------------------------------------------------------
* Three year average expected exceedance rate cannot be calculated because the site has less than 3 years of
  data. For this area the two sites with an asterisk both have no exceedances for the time period in question.

    As shown in Table 3, the Manchester, NH marginal one-hour ozone 
nonattainment area attained the one-hour ozone NAAQS at the end of the 
1993 ozone season, since the one monitor (Manchester-Hartnett Park) 
with three years of data had an expected exceedance rate below 1.0. The 
other site (Concord-Storrs Street) began in 1992 and had no exceedance 
in either 1992 or 1993. Thus, EPA is proposing to determine that, based 
on the 1991-1993 complete, quality-assured and certified ozone data in 
the AQS database, the Manchester, NH marginal one-hour ozone 
nonattainment area met the one-hour ozone NAAQS, by its attainment 
deadline of November 15, 1993. Based on data from 1993-2011, EPA 
proposes to determine that the area has continued in attainment of the 
one-hour NAAQS ever since.

IV. What is the effect of the proposed determinations?

    If EPA finalizes its proposed determination that the Portsmouth and 
Manchester, NH areas attained the one-hour ozone standard by their 
respective deadlines, there are no consequences for failure to attain 
that standard. For the Portsmouth, NH area, it would discharge any 
obligation with respect to contingency measures triggered by a failure 
to attain by the one-hour ozone attainment deadline. In addition, if 
EPA finalizes its determination that the Portsmouth, NH one-hour ozone 
area continues to attain the standard, under EPA's ``Clean Data 
Policy'' interpretation, which was first articulated for the one-hour 
standard and then codified for the eight-hour ozone standard (40 CFR 
51.918), that determination suspends the Portsmouth, NH area's 
obligation to submit attainment-related requirements for the one-hour 
ozone standard, including contingency measures. See, for example, 
determination of one-hour ozone attainment for Baton Rouge, (75 FR 
6570, February 10, 2010).

V. Proposed Determinations

    For the reasons set forth in this notice, EPA is proposing four 
separate and independent determinations. First, EPA is proposing to 
determine that the Portsmouth, NH serious one-hour ozone nonattainment 
area met the applicable deadline of November 15, 1999, for attaining 
the one-hour NAAQS for ozone, based on 1997-1999 complete, certified 
and quality-assured ozone monitoring data. If EPA finalizes this 
determination, it would discharge any obligation with respect to 
contingency measures triggered by a failure to attain by the one-hour 
ozone attainment deadline. Second, EPA is proposing to determine that 
the Portsmouth, NH area is currently attaining the standard based on 
complete, certified and quality-assured ozone monitoring data since

[[Page 42476]]

1999 and continues to attain the standard based on the most recent 
three years of complete, quality assured ozone monitoring data. A final 
determination, by EPA, that the area is currently attaining the one-
hour standard would relieve the area of its obligation to submit one-
hour ozone contingency measures. Third, EPA is proposing to determine 
that the Manchester, NH marginal nonattainment area met the applicable 
deadline of November 15, 1993, for attaining the one-hour NAAQS for 
ozone. This proposed determination is based upon complete, certified, 
quality-assured ambient air quality monitoring data for the 1991-1993 
monitoring period showing that the area had an expected ozone 
exceedance rate below the level of the now revoked one-hour ozone NAAQS 
during that period and therefore attained the standard by its 
applicable deadline. Fourth and last with respect to the Manchester, NH 
area, EPA is proposing to determine, that the area has attained the 
one-hour ozone standard since 1993, and continues to attain the 
standard based on the most recent three years of complete, quality-
assured and certified ozone monitoring data.
    EPA is soliciting public comments on the issues discussed in this 
notice or on other relevant matters. EPA will consider these comments 
before 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.

VI. Statutory and Executive Order Reviews

    This action proposes to make determinations of attainment based on 
monitored air quality data, and/or does not impose additional 
requirements beyond those imposed by state law. For that reason, these 
proposed actions:
     Are not ``significant regulatory actions'' subject to 
review by the Office 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.

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.

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

    Dated: June 28, 2012.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2012-17621 Filed 7-18-12; 8:45 am]
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