[Federal Register Volume 81, Number 99 (Monday, May 23, 2016)]
[Rules and Regulations]
[Pages 32235-32239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11963]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2012-0289; FRL-9946-69-Region 1]
Air Plan Approval; New Hampshire; Ozone Maintenance Plan
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of New
Hampshire that contains an ozone maintenance plan for New Hampshire's
former 1-hour ozone nonattainment areas. The Clean Air Act requires
that areas that are designated attainment for the 1997 8-hour ozone
standard, and also had been previously designated either nonattainment
or maintenance for the 1-hour ozone standard, develop a plan showing
how the state will maintain the ozone standard for the area. The
intended effect of this action is to approve New Hampshire's
maintenance plan. This action is being taken in accordance with the
Clean Air Act.
DATES: This direct final rule will be effective July 22, 2016, unless
EPA receives adverse comments by June 22, 2016. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2012-0289 at http://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Anne Arnold, Air Quality Planning
Unit, U.S. Environmental Protection Agency, Suite 100, Mail Code OEP05-
02, Boston, MA 02109-3912, telephone number (617) 918-1047, fax number
(617) 918-0047, email [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 is the background for this action?
II. What action is EPA taking?
[[Page 32236]]
III. What is a Section 110(a)(1) maintenance plan?
IV. How has New Hampshire addressed the components of a Section
110(a)(1) maintenance plan?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What is the background for this action?
This action addresses requirements associated with the transition
from the 1-hour National Ambient Air Quality Standards (NAAQS) for
ground-level ozone to the 1997 8-hour ozone NAAQS.
EPA has established, and periodically reviews and revises, the
NAAQS for ground-level ozone. On July 18, 1997 (62 FR 38855), EPA
published a final rule for a new 8-hour ozone standard of 0.08 parts
per million (ppm). On April 30, 1994 (69 FR 23858), EPA designated and
classified areas for the 1997 8-hour ozone NAAQS. Also, on April 30,
2004 (69 FR 23951), EPA published the Phase 1 rule for implementation
of the 1997 8-hour ozone NAAQS. Among other requirements, this rule set
forth requirements for anti-back sliding purposes for areas designated
attainment for the 1997 8-hour ozone standard.
Subsequently, in 2008, and in 2015, EPA again revised the ozone
NAAQS to 0.075 ppm and 0.070 ppm, respectively.
II. What action is EPA taking?
EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of New Hampshire on March 2, 2012. The SIP
revision consists of the Clean Air Act (CAA or Act) section 110(a)(1)
ozone maintenance plan for the 1997 8-hour ozone standard for New
Hampshire. The maintenance plan demonstrates how the state intends to
maintain the 1997 8-hour National Ambient Air Quality Standard for
ozone.
The CAA section 110(a)(1) maintenance plan requirement applies to
areas that are designated as attainment/unclassifiable for the 1997 8-
hour ozone standard and also had a designation of either nonattainment
or attainment with an approved maintenance plan for the 1-hour ozone
standard as of June 15, 2004, the effective date of the 1997 8-hour
ozone standard designation for these areas (See 69 FR 23857). In New
Hampshire, this area consists of the cities and towns listed in Table
1.
Table 1--1-Hour Ozone Nonattainment/Maintenance Areas Designated
Unclassifiable/Attainment for the 8-Hour Standard as of June 15, 2004
[= New Hampshire maintenance planning area]
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Area County Cities and towns included
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Boston-Lawrence-Worcester Hillsborough Mont Vernon, Wilton.
Area. (part).
Manchester Area............. Hillsborough Antrim, Bennington,
(part). Deering, Francestown,
Greenfield, Greenville,
Hancock, Hillsborough,
Lyndeborough, Mason, New
Boston, New Ipswich,
Peterborough, Sharon,
Temple, Weare, Windsor.
Merrimack Allenstown, Andover,
(part). Boscawen, Bow, Bradford,
Canterbury, Chichester,
Concord, Danbury,
Dunbarton, Epsom,
Franklin, Henniker,
Hill, Hopkinton, Loudon,
New London, Newbury,
Northfield, Pembroke,
Pittsfield, Salisbury,
Sutton, Warner, Webster,
Wilmot.
Rockingham County........... Rockingham Deerfield, Northwood,
(part). Nottingham.
Strafford County............ Strafford Barrington, Farmington,
(part). Lee, Madbury, Middleton,
Milton, New Durham,
Strafford.
Cheshire County............. Cheshire (all). Alstead, Chesterfield,
Dublin, Fitzwilliam,
Gilsum, Harrisville,
Hinsdale, Jaffrey,
Keene, Marlborough,
Marlow, Nelson,
Richmond, Rindge,
Roxbury, Stoddard,
Sullivan, Surry,
Swanzey, Troy, Walpole,
Westmoreland,
Winchester.
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III. What is a Section 110(a)(1) maintenance plan?
Pursuant to section 110(a)(1) of the Clean Air Act, the
implementation rule for the 1997 ozone standard requires that areas
that were either nonattainment or maintenance areas for the 1-hour
ozone NAAQS, but attainment for the 1997 8-hour ozone NAAQS, submit a
plan to demonstrate the continued maintenance of the 1997 8-hour ozone
NAAQS. EPA established June 15, 2007, three years after the effective
date of the initial 1997 8-hour ozone designations, as the deadline for
submission of plans for these areas. See 40 CFR 51.905.
On May 20, 2005, EPA issued guidance \1\ that applies, in part, to
areas that are designated attainment/unclassifiable for the 1997 8-hour
ozone standard and either have an approved 1-hour ozone maintenance
plan or were designated nonattainment of the 1-hour ozone standard. The
purpose of the guidance is to assist the states in the development of a
section 110(a)(1) maintenance plan SIP. There are five components of a
section 110(a)(1) maintenance plan which are: (1) An attainment
inventory, which is based on actual typical summer day emissions of
volatile organic compounds (VOCs) and oxides of nitrogen
(NOX) for a ten-year period from a base year as chosen by
the state; (2) a maintenance demonstration which shows how the area
will remain in compliance with the 1997 8-hour ozone standard for 10
years after the effective date of designations (June 15, 2004); (3) a
commitment to continue to operate air quality monitors; (4) a
contingency plan that will ensure that a violation of the 1997 8-hour
ozone NAAQS is promptly addressed; and (5) an explanation of how the
state will track the progress of the maintenance plan.
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\1\ ``Maintenance Plan Guidance Document for Certain 8-hour
Ozone Areas Under Section 110(a)(1) of Clean Air Act,'' EPA
memorandum dated May 20, 2005, from Lydia Wegman to Air Division
Directors.
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Subsequently, in the implementation rule for the 2008 ozone NAAQS
(80 FR 12264; March 6, 2015), EPA revoked the 1997 8-hour ozone
standard. Nevertheless, New Hampshire's March 2, 2012 SIP revision of a
Section 110(a)(1) ozone maintenance plan for the 1997 8-hour ozone
standard is pending before us, so we are taking action on it at this
time.
IV. How has New Hampshire addressed the components of a Section
110(a)(1) maintenance plan?
EPA has determined that the New Hampshire Department of
[[Page 32237]]
Environmental Services (NHDES) 1997 8-hour ozone maintenance plan
addresses all of the necessary components of a Section 110(a)(1) 1997
8-hour ozone maintenance plan as discussed below.
A. Emissions Inventory
An emissions inventory is an itemized list of emission estimates
for sources of air pollution in a given area for a specified time
period. NHDES has provided a comprehensive emissions inventory for
ozone precursors (NOX and VOCs) in the area. NHDES uses 2002
as the base year from which it projects emissions. The submittal also
includes an explanation of the methodology used for determining the
anthropogenic emissions (point, area, and mobile sources) in the
maintenance area. The inventory is based on emissions for a ``typical
summer day.''
B. Maintenance Demonstration
With regard to demonstrating continued maintenance of the 1997 8-
hour ozone standard, NHDES projects that the total emissions from the
maintenance area will decrease during the ten-year maintenance period.
NHDES has projected emissions from 2002 until 2014. The projected trend
in emissions is downward. This clearly demonstrates that the 1997 8-
hour ozone standard will be maintained for the ten year period between
2004 and 2014, which is the required test.
Table 2 shows the total VOC and NOx emissions for the maintenance
area in New Hampshire for the base year (2002), an interim year (2012),
and a final year (2014).\2\ More detailed emissions tables can be found
in the NHDES submittal. The trend in emissions is downward, for each
pollutant in the area. As such, the plan demonstrates that, from an
emissions projections standpoint, emissions are projected to decrease.
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\2\ It should be noted that the emissions shown in this table
are for the entire five counties named, rather than the somewhat
smaller maintenance area, due to the difficulty of parsing out
inventory data to a sub-county basis. This difference is not
considered significant, and does not affect the downward trend shown
in the emissions.
Table 2--2002, 2012, and 2014 VOC and NOX Emissions for Cheshire, Hillsborough, Merrimack, Rockingham, and Strafford Counties
[Pounds per day]
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VOC NOX
Source category -----------------------------------------------------------------------------------------------
2002 2012 2014 2002 2012 2014
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Point................................................... 15,898 6,696 7,005 67,347 48,358 50,739
Area.................................................... 93,778 85,443 91,068 10,516 9,091 9,134
Non-Road Mobile......................................... 68,223 40,210 35,121 49,787 36,131 31,215
On-Road Mobile.......................................... 87,161 36,904 34,245 261,303 75,202 62,347
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Total............................................... 265,060 169,253 167,439 388,953 168,782 153,435
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C. Ambient Monitoring
With regard to the ambient air monitoring component of a
maintenance plan, New Hampshire's submittal describes the ozone
monitoring network in the maintenance area and New Hampshire commits to
the continuing operation of an effective air quality monitoring network
to verify the area's attainment status in accordance with the Code of
Federal Regulations (CFR), specifically, 40 CFR part 58. New
Hampshire's SIP revision was submitted on March 2, 2012 and includes
ozone design values \3\ for 2010 and 2011 which demonstrate that the
maintenance area is meeting the 0.08 ppm 1997 8-hour ozone standard. In
addition, based on more recent ozone data from 2014, all of New
Hampshire meets the 1997 8-hour ozone standard. Furthermore,
preliminary ozone data for 2015 shows that all of New Hampshire
continues to meet the 1997 8-hour ozone standard. Table 3 shows the
ozone design values for each monitor in the five county area listed in
Table 2. As noted in Table 1, portions of these counties make up New
Hampshire's maintenance area.
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\3\ The design value at an ozone monitor is the 3-year average
annual fourth-highest daily maximum 8-hour average ozone
concentration measured at that monitor. The design value for an area
is the highest design value recorded at any monitor in the area.
Table 3--Ozone Design Values (ppm) for Monitors in the New Hampshire Maintenance Area
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Design Value
Monitor location AQS \4\ No. -------------------------------
2014 2015 \5\
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Keene........................................................... 330050007 0.062 0.060
Peterborough.................................................... 330115001 0.070 0.067
Nashua.......................................................... 330111011 0.066 0.064
Concord......................................................... 330131007 0.063 0.062
Portsmouth...................................................... 330150014 0.068 0.066
Rye............................................................. 330150016 0.068 0.068
Londonderry..................................................... 330150018 0.067 0.065
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D. Contingency Measures
EPA interprets section 110(a)(1) of the CAA to require that the
state develop a contingency plan that will ensure that any violation of
a NAAQS is promptly corrected. Therefore, as required by section
110(a)(1) of the Act, New Hampshire has listed in its submittal
possible contingency measures, as well as a protocol the state will
follow, in the event of a future ozone air quality problem. As noted in
New Hampshire's
[[Page 32238]]
SIP revision, at the conclusion of each ozone season, NHDES will
evaluate whether the design value for any ozone monitor in the
maintenance area meets the 1997 8-hour ozone standard. If the design
value is above the standard, NHDES will evaluate the potential causes
of this design value increase, specifically, whether this increase is
due to an increase in local in-state emissions, an increase in upwind
out-of-state emissions, or an exceptional event as defined in 40 CFR
50.1. If an increase in in-state emissions is determined to be a
contributing factor to the design value increase, NHDES will evaluate
the projected in-state emissions for the maintenance area for the ozone
season in the following year. If in-state emissions are not expected to
satisfactorily decrease in the following ozone season in order to
mitigate the violation, New Hampshire will implement one or more of the
contingency measures listed in the submittal, or substitute other VOC
or NOx control measures to achieve additional in-state emission
reductions. The contingency measure(s) will be selected by the
Governor, or the Governor's designee, within six months of the end of
the ozone season for which contingency measures have been determined
necessary. Further details on the types of possible control measures to
be used as contingencies can be found in the New Hampshire submittal.
New Hampshire's submittal satisfies EPA's contingency measure
requirements.
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\4\ AQS is EPA's Air Quality System. States submit ozone
monitoring data to AQS.
\5\ Ozone design values for 2015 are based on preliminary data.
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E. Tracking Progress
New Hampshire's SIP revision notes that the State will track the
maintenance of attainment by analyzing air quality trends at local
monitors and annually updating the state's emissions inventories. NHDES
produces comprehensive emission inventories on a three-year cycle and
revises the inventories annually using updated emissions data for the
largest sources.
Finally, as a practical matter, at this point in time, the 10 year
maintenance period (2004-2014) has ended and, as noted by the ozone
design values in Table 3 above, the area has maintained the 1997 8-hour
ozone standard.
V. Final Action
EPA is approving into the New Hampshire SIP the Clean Air Act
Section 110(a)(1) 1997 8-hour ozone maintenance plan for the New
Hampshire area that is required to have such a plan. This area includes
the cities and towns listed in Table 1 above.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective July
22, 2016 without further notice unless the Agency receives relevant
adverse comments by June 22, 2016.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on July 22, 2016 and no further action will be
taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
VI. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is 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.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is 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
Does 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action 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 July 22, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for
[[Page 32239]]
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. Parties with
objections to this direct final rule are encouraged to file a comment
in response to the parallel notice of proposed rulemaking for this
action published in the proposed rules section of today's Federal
Register, rather than file an immediate petition for judicial review of
this direct final rule, so that EPA can withdraw this direct final rule
and address the comment in the proposed rulemaking. 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, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: May 4, 2016.
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 paragraph (j) to read as
follows:
Sec. 52.1534 Control strategy: Ozone.
* * * * *
(j) Approval--EPA is approving the Clean Air Act section 110(a)(1)
maintenance plan for the 1997 8-hour ozone National Ambient Air Quality
Standard in the area of the New Hampshire required to have such a plan.
This area includes portions of Hillsborough, Merrimack, Rockingham, and
Strafford Counties, and all of Cheshire County. This maintenance plan
was submitted to EPA on March 2, 2012.
[FR Doc. 2016-11963 Filed 5-20-16; 8:45 am]
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