[Federal Register Volume 77, Number 139 (Thursday, July 19, 2012)]
[Proposed Rules]
[Pages 42470-42476]
From the Federal Register Online via the Government Printing 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: arnold.anne@epa.gov.
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
Burkhart.Richard@epa.gov.
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
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Area County Cities and towns included Classification
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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.
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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.
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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
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Actual
exceedance days 3-Year average
AQS No. Site name Years over 0.124 ppm expected
ozone exceedance rate
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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
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Site relocated to Science Center
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[[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
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Site Discontinued
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33-015-0009........................ Portsmouth-Vaughan 1997-1999 2 0.7
Street. 1998-2000 1 0.3
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Site relocated to Port Authority
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33-015-0015........................ Portsmouth-Port 2001-2003 2 0.7
Authority.
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Site relocated to Peirce Island
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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
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Site Discontinued
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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
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Actual
exceedance days 3-Year expected
AQS No. Site name Years over 0.124 ppm exceedance rate
ozone
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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
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Site relocated to Commercial Street
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33-011-0019........................ Manchester-North 1999-2000 0 *
Commercial Street.
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Site relocated to Pearl Street
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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
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Site relocated to Hazen Drive
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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
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* 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]
BILLING CODE 6560-50-P