[Federal Register Volume 77, Number 210 (Tuesday, October 30, 2012)]
[Rules and Regulations]
[Pages 65625-65627]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26524]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52


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: Final rule.

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SUMMARY: The EPA is making four separate and independent air quality 
determinations for two areas in New Hampshire. First, EPA is 
determining that the Portsmouth-Dover-Rochester, New Hampshire serious 
one-hour ozone nonattainment area met the applicable deadline of 
November 15, 1999, for attaining the revoked one-hour National Ambient 
Air Quality Standard (NAAQS) for ozone. Second, EPA is determining that 
the Portsmouth-Dover-Rochester area has attained the one-hour ozone 
standard since 1999, and continues to attain the standard. Third, with 
respect to the Manchester, New Hampshire marginal one-hour ozone 
nonattainment area, EPA is determining that the area attained the one-
hour ozone NAAQS by the applicable deadline of November 15, 1993. 
Fourth, with respect to the Manchester area, EPA is determining that 
the area has attained the one-hour ozone NAAQS since 1993, and 
continues to attain the standard.

DATES: This rule is effective on November 29, 2012.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2012-0229. 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

[[Page 65626]]

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, email 
Burkhart.Richard@epa.gov.

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?
    A. Portsmouth-Dover Rochester Area
    B. Manchester Area
II. What is the effect of these actions?
III. Final Actions
IV. Statutory and Executive Order Reviews

I. What actions is EPA taking?

A. Portsmouth-Dover-Rochester Area

    EPA is making two separate and independent final determinations for 
the Portsmouth-Dover-Rochester serious one-hour ozone nonattainment 
area (hereafter, ``the Portsmouth area''). EPA is determining that the 
Portsmouth area attained the revoked one-hour ozone NAAQS by the 
applicable deadline of November 15, 1999. This 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 determining that the Portsmouth 
area has attained the standard based on complete, certified and 
quality-assured ozone monitoring data since 1999, and that it continues 
to attain the standard based on the most recent three years of 
complete, quality-assured and certified ozone monitoring data (2009-
2011). In addition, preliminary 2012 ozone data show the area continues 
to attain.

B. Manchester Area

    EPA is making two separate and independent final determinations for 
the Manchester, NH marginal one-hour ozone nonattainment area. EPA is 
determining that the Manchester marginal one-hour ozone nonattainment 
area attained the one-hour ozone NAAQS by the applicable deadline of 
November 15, 1993. This 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 therefore attained the standard by its 
applicable deadline. EPA is also determining that the Manchester 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 (2009-2011). In 
addition, preliminary 2012 ozone data show the area continues to 
attain.
    Additional information related to these determinations and the 
rationale for them are set forth in the Notice of Proposed Rulemaking 
(NPR) published on July 19, 2012 (77 FR 42470) and will not be restated 
here. EPA received no comments on the NPR.

II. What is the effect of these actions?

    After revocation of the one-hour ozone standard, EPA must continue 
to provide a mechanism to give effect to the one-hour anti-backsliding 
requirements. See SCAQMD v. EPA, 472 F.3d 882, at 903 (D.C. Cir. 2006). 
In keeping with this responsibility, EPA has determined that the 
Portsmouth-Dover-Rochester serious one-hour ozone nonattainment area 
attained the one-hour ozone standard by the area's applicable 
attainment date of November 15, 1999. In this context, EPA has also 
determined that there are no additional obligations under the revoked 
one-hour ozone standard, including those relating to one-hour ozone 
contingency measures, for the Portsmouth-Dover-Rochester one-hour ozone 
nonattainment area. EPA is also determining that the Manchester area 
attained the one-hour ozone standard by the area's applicable 
attainment date of November 15, 1993. As a marginal area, Manchester 
was not subject to any requirement for contingency measures, and EPA 
has determined that the area has no additional obligations under the 
revoked one-hour ozone standard.

III. Final Actions

    EPA is making four separate and independent determinations. First, 
EPA is determining 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. Second, 
EPA is determining that the Portsmouth, NH area has attained the 
standard based on complete, certified and quality-assured ozone 
monitoring data since 1999, and that it continues to attain the 
standard based on the most recent three years of complete, quality-
assured ozone monitoring data. In addition, preliminary 2012 ozone data 
show the area continues to attain. Third, EPA is determining that the 
Manchester, NH marginal ozone nonattainment area met the applicable 
deadline of November 15, 1993, for attaining the revoked one-hour ozone 
NAAQS. This 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, with respect to the Manchester area, EPA 
is determining, 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. In addition, preliminary 2012 ozone data show the area 
continues to attain.

IV. Statutory and Executive Order Reviews

    These actions make determinations of attainment based on air 
quality, 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 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

[[Page 65627]]

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 December 31, 2012. 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: October 15, 2012.
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--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 paragraphs (g) and (h) to read 
as follows:


Sec.  52.1534  Control strategy: Ozone.

* * * * *
    (g) Determination of Attainment. Effective November 29, 2012, EPA 
is determining that the Portsmouth-Dover-Rochester one-hour ozone 
nonattainment area met the one-hour ozone standard, by the area's 
applicable attainment date of November 15, 1999, based on 1997-1999 
complete, certified, quality-assured ozone monitoring data at all 
monitoring sites in the area. Separate from and independent of this 
determination, EPA is determining that the Portsmouth-Dover-Rochester 
serious one-hour ozone nonattainment area has attained the one-hour 
ozone standard since 1999 and continues to attain based on complete, 
quality-assured data ozone monitoring data through 2011.
    (h) Determination of Attainment. Effective November 29, 2012, EPA 
is determining that the Manchester one-hour ozone nonattainment area 
met the one-hour ozone standard, by the area's applicable attainment 
date of November 15, 1993, based on 1991-1993 complete, certified, 
quality-assured ozone monitoring data at all monitoring sites in the 
area. Separate from and independent of this determination, EPA is 
determining that the Manchester marginal one-hour ozone nonattainment 
area has attained the one-hour ozone standard, since 1993, and that it 
continues to attain based on complete quality-assured ozone monitoring 
data through 2011.

[FR Doc. 2012-26524 Filed 10-29-12; 8:45 am]
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