Approval and Promulgation of Air Quality Implementation Plans; New Hampshire; Determination of Attainment of the Ozone Standard, 7234-7236 [E8-2251]
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7234
Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2008–0069; A–1–FRL–
8526–7]
Approval and Promulgation of Air
Quality Implementation Plans; New
Hampshire; Determination of
Attainment of the Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: The EPA is proposing to
determine that the Boston-ManchesterPortsmouth (SE), New Hampshire
moderate 8-hour ozone nonattainment
area has attained the 8-hour National
Ambient Air Quality Standard (NAAQS)
for ozone. This determination is based
upon certified ambient air monitoring
data that show the area has monitored
attainment of the 8-hour ozone NAAQS
since the 2002–2004 monitoring period,
and continues to monitor attainment of
the NAAQS based on 2004–2006 data.
In addition, quality controlled and
quality assured ozone data for 2007 that
are available in the EPA Air Quality
System database, but not yet certified,
show this area continues to attain the 8hour ozone NAAQS. If this proposed
determination is made final, the
requirements for this area to submit an
attainment demonstration, a reasonable
further progress plan, contingency
measures, and other planning State
Implementation Plans related to
attainment of the 8-hour ozone NAAQS
shall be suspended for so long as the
area continues to attain the ozone
NAAQS.
Written comments must be
received on or before March 10, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R01–OAR–2008–0069 by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. E-mail: arnold.anne@epa.gov.
3. Mail: ‘‘Docket Identification
Number EPA–R01–OAR–2008–0069,’’
Anne Arnold, U.S. Environmental
Protection Agency, EPA New England
Regional Office, One Congress Street,
Suite 1100 (mail code CAQ), Boston,
MA 02114–2023.
4. 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, One
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DATES:
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Congress Street, 11th floor, (CAQ),
Boston, MA 02114–2023. 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–2008–
0069. 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 e-mail,
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 e-mail comment directly
to EPA without going through
www.regulations.gov your e-mail
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, One Congress Street,
Suite 1100, Boston, MA. EPA requests
that if at all possible, you contact the
contact listed in the FOR FURTHER
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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, One Congress Street,
Suite 1100 (CAQ), Boston, MA 02114–
2023, telephone number (617) 918–
1664, fax number (617) 918–0664,
e-mail 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 Action Is EPA Taking?
II. What Is the Effect of This Action?
III. What Is the Background for This Action?
IV. What Is EPA’s Analysis of the Relevant
Air Quality Data?
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
EPA is proposing to determine that
the Boston-Manchester-Portsmouth (SE),
New Hampshire moderate 8-hour ozone
nonattainment area has attained the 8hour National Ambient Air Quality
Standard (NAAQS) for ozone. This
determination is based upon certified
ambient air monitoring data that show
the area has monitored attainment of the
ozone NAAQS since the 2002–2004
monitoring period, and monitoring data
that continue to show attainment of the
NAAQS based on 2004–2006 data. In
addition, quality controlled and quality
assured ozone data for 2007 that are
available in the EPA Air Quality System
(AQS) database, but not yet certified,
show this area continues to attain the
ozone NAAQS.
II. What Is the Effect of This Action?
If this determination is made final,
under the provisions of EPA’s ozone
implementation rule (see 40 CFR
Section 51.918), the requirements for
the Boston-Manchester-Portsmouth (SE),
New Hampshire moderate ozone
nonattainment area to submit an
attainment demonstration, a reasonable
further progress plan, section 172(c)(9)
contingency measures, and any other
planning State Implementation Plans
(SIPs) related to attainment of the 8hour ozone NAAQS would be
suspended for so long as the area
continues to attain the ozone NAAQS.
This proposed action, if finalized,
would not constitute a redesignation to
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Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Proposed Rules
attainment under CAA section
107(d)(3), because we would not yet
have an approved maintenance plan for
the area as required under section 175A
of the CAA, nor a determination that the
area has met the other requirements for
redesignation. The classification and
designation status of the area would
remain moderate nonattainment for the
8-hour ozone NAAQS until such time as
EPA determines that it meets the CAA
requirements for redesignation to
attainment.
If this rulemaking is finalized and
EPA subsequently determines, after
notice-and-comment rulemaking in the
Federal Register, that the area has
violated the 8-hour ozone standard, the
basis for the suspension of these
requirements would no longer exist, and
the area would thereafter have to
address the pertinent requirements.
III. What Is the Background for This
Action?
On April 30, 2004 (69 FR 23857), EPA
designated as nonattainment any area
that was violating the 8-hour ozone
NAAQS based on the three most recent
years (2001–2003) of air quality data.
Portions of Hillsborough, Merrimack,
and Rockingham, and Strafford Counties
in New Hampshire were designated as
a moderate ozone nonattainment area
(specifically, the Boston-ManchesterPortsmouth (SE), New Hampshire area).
The rest of New Hampshire was
designated as attainment of the 8-hour
ozone NAAQS. (See 40 CFR 81.330.)
More recent air quality data, however,
indicate that the Boston-ManchesterPortsmouth (SE), New Hampshire area
is now attaining the 8-hour ozone
standard.
IV. What Is EPA’s Analysis of the
Relevant Air Quality Data?
The EPA has reviewed the ambient air
monitoring data for ozone, consistent
with the requirements contained in 40
CFR Part 50 and recorded in the EPA
Air Quality System (AQS) database, for
the Boston-Manchester-Portsmouth (SE),
New Hampshire ozone nonattainment
area, from 2002 through the present
time. On the basis of that review, EPA
has concluded that this area attained the
8-hour ozone standard at the end of the
2004 ozone season, based on certified
2002–2004 ozone data, and continued to
attain the standard through and
inclusive of the 2004–2006 ozone
seasons. In addition, quality controlled
and quality assured ozone data for 2007,
that are available in AQS, but not yet
certified, show this area continues to
attain the 8-hour ozone NAAQS.
Under EPA regulations at 40 CFR Part
50, the 8-hour ozone standard is
attained when the 3-year average of the
annual fourth-highest daily maximum 8hour average ozone concentrations at an
ozone monitor is less than or equal to
0.08 parts per million (ppm) (i.e., 0.084
ppm, based on the rounding convention
in 40 CFR part 50, Appendix I). This 3year average is referred to as the design
value. When the design value is less
than or equal to 0.084 ppm (84 parts per
billion (ppb)) at each monitor within the
area, then the area is meeting the
NAAQS. (See 69 FR 23857 (April 30,
2004) for further information.) Also, the
data completeness requirement is met
when the average percent of days with
valid ambient monitoring data is greater
than 90%, and no single year has less
than 75% data completeness as
determined in Appendix I of 40 CFR
Part 50.
Table 1 shows the fourth-highest daily
maximum 8-hour average ozone
concentrations for the BostonManchester-Portsmouth (SE), New
Hampshire nonattainment area monitors
for the years 2004–2007. Table 2 shows
the ozone design values for these same
monitors based on the following 3-year
periods: 2002–2004; 2003–2005; 2004–
2006; and 2005–2007.
TABLE 1.—FOURTH-HIGH 8-HOUR OZONE AVERAGE CONCENTRATIONS (PARTS PER MILLION, PPM) IN THE BOSTONMANCHESTER-PORTSMOUTH (SE), NEW HAMPSHIRE AREA
Location
AQS site ID
Manchester ..........................................................................................
Nashua .................................................................................................
Portsmouth ...........................................................................................
Rye .......................................................................................................
330110020
330111011
330150014
330150016
2004
2005
0.071
0.080
0.076
0.074
0.071
0.082
0.075
0.075
2006
2007
0.068
0.073
0.073
0.076
0.074
0.081
0.078
0.086
TABLE 2.—OZONE DESIGN VALUES (PPM) FOR THE BOSTON-MANCHESTER-PORTSMOUTH (SE), NEW HAMPSHIRE AREA
Location
AQS site ID
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Manchester ..........................................................................................
Nashua .................................................................................................
Portsmouth ...........................................................................................
Rye .......................................................................................................
EPA’s review of these data indicate
that the Boston-Manchester-Portsmouth
(SE), New Hampshire ozone
nonattainment area has met and
continues to meet the 8-hour ozone
NAAQS. EPA is soliciting public
comments on the issues discussed in
this notice or on other relevant matters.
These comments will be considered
before taking 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
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ADDRESSES
330110020
330111011
330150014
330150016
2002–2004
2003–2005
2004–2006
2005–2007
0.075
0.084
0.079
0.078
0.070
0.080
0.074
0.073
0.070
0.078
0.074
0.075
0.071
0.078
0.075
0.079
section of this Federal
Register.
V. Proposed Action
EPA is proposing to determine that
the Boston-Manchester-Portsmouth (SE),
New Hampshire 8-hour ozone
nonattainment area has attained the 8hour ozone standard and continues to
attain the standard based on data
through the 2007 ozone season. As
provided in 40 CFR Section 51.918, if
EPA finalizes this determination, it
would suspend the requirements for
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New Hampshire to submit an attainment
demonstration, a reasonable further
progress plan, and contingency
measures under section 172(c)(9), and
any other planning SIP related to
attainment of the 8-hour ozone NAAQS
for this area, for so long as the area
continues to attain the standard.
VI. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this proposed
action is not a ‘‘significant regulatory
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Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Proposed Rules
action’’ and therefore is not subject to
review by the Office of Management and
Budget. For this reason, this action is
also not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action proposes to make
a determination based on air quality
data, and would, if finalized, result in
the suspension of certain Federal
requirements. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601, et seq.). Because this
rule proposes to make a determination
based on air quality data, and would, if
finalized, result in the suspension of
certain Federal requirements, it 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).
This proposed rule also does not have
tribal implications because it will not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
proposed action also does not have
Federalism implications because it does
not have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
proposes to make a determination based
on air quality data and would, if
finalized, result in the suspension of
certain Federal requirements, and does
not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act. This proposed rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it proposes to determine that air
quality in the affected area is meeting
Federal standards.
The requirements of section 12(d) of
the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply because it would
be inconsistent with applicable law for
EPA, when determining the attainment
status of an area, to use voluntary
consensus standards in place of
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promulgated air quality standards and
monitoring procedures that otherwise
satisfy the provisions of the Clean Air
Act.
This proposed rule does not impose
an information collection burden under
the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501,
et seq.)
Under Executive Order 12898, EPA
finds that this rule involves a proposed
determination of attainment based on
air quality data and will not have
disproportionately high and adverse
human health or environmental effects
on any communities in the area,
including minority and low-income
communities.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401, et seq.
Dated: January 30, 2008.
Robert W. Varney,
Regional Administrator, EPA New England.
[FR Doc. E8–2251 Filed 2–6–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS–R6–ES–2008–0023; 1111 FY07 MO–
B2]
Endangered and Threatened Wildlife
and Plants; 12-Month Finding on a
Petition To List the Bonneville
Cutthroat Trout (Oncorhynchus clarki
utah) as Threatened or Endangered
Fish and Wildlife Service,
Interior.
ACTION: Notice; initiation of status
review, and solicitation of new
information.
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce the
opening of a public comment period
regarding the status of the Bonneville
cutthroat trout (Oncorhynchus clarki
utah) throughout its range in the United
States. The 12-month finding for this
subspecies, published in the Federal
Register on October 9, 2001, has been
withdrawn by the Service (Stansell
Memorandum, August 24, 2007) due to
the subsequent development of a formal
opinion (Department of the Interior,
March 16, 2007) regarding the legal
PO 00000
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interpretation of the term ‘‘significant
portion of the range’’ of a species. The
status review will include analysis of
whether any significant portion of the
range of the Bonneville cutthroat trout
warrants listing as threatened or
endangered under the Endangered
Species Act of 1973, as amended (Act).
Through this action, we encourage all
interested parties to provide us
information regarding the status of, and
any potential threats to, the Bonneville
cutthroat trout throughout its range, or
any significant portion of its range.
DATES: To be fully considered for the 12month finding, comments must be
submitted on or before April 7, 2008.
ADDRESSES: You may submit comments
by one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS–R6–
ES–2008–0023; Division of Policy and
Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will not accept e-mail or faxes. We
will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Public Comments section below for
more information).
FOR FURTHER INFORMATION CONTACT:
Larry Crist, Field Supervisor, Utah Field
Office, U.S. Fish and Wildlife Service, at
the above address, or phone (801) 975–
3330, ext. 126. Additional information
is available at https://www.fws.gov/
mountain-prairie/species/fish/bct/.
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
To ensure that the status review is
complete and based on the best
available scientific and commercial
information, we are soliciting
information concerning the status of the
Bonneville cutthroat trout. We request
any additional information, comments,
and suggestions from the public, other
concerned governmental agencies,
Native American Tribes, the scientific
community, industry, or any other
interested parties. We are opening a 60day comment period to allow all
interested parties an opportunity to
provide information on the status of the
Bonneville cutthroat trout throughout
its range, including:
(1) Information regarding the species’
historical and current population status,
distribution, and trends; its biology and
ecology; and habitat selection;
(2) Information on the effects of
potential threat factors that are the basis
E:\FR\FM\07FEP1.SGM
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Agencies
[Federal Register Volume 73, Number 26 (Thursday, February 7, 2008)]
[Proposed Rules]
[Pages 7234-7236]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2251]
[[Page 7234]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2008-0069; A-1-FRL-8526-7]
Approval and Promulgation of Air Quality Implementation Plans;
New Hampshire; Determination of Attainment of the Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is proposing to determine that the Boston-Manchester-
Portsmouth (SE), New Hampshire moderate 8-hour ozone nonattainment area
has attained the 8-hour National Ambient Air Quality Standard (NAAQS)
for ozone. This determination is based upon certified ambient air
monitoring data that show the area has monitored attainment of the 8-
hour ozone NAAQS since the 2002-2004 monitoring period, and continues
to monitor attainment of the NAAQS based on 2004-2006 data. In
addition, quality controlled and quality assured ozone data for 2007
that are available in the EPA Air Quality System database, but not yet
certified, show this area continues to attain the 8-hour ozone NAAQS.
If this proposed determination is made final, the requirements for this
area to submit an attainment demonstration, a reasonable further
progress plan, contingency measures, and other planning State
Implementation Plans related to attainment of the 8-hour ozone NAAQS
shall be suspended for so long as the area continues to attain the
ozone NAAQS.
DATES: Written comments must be received on or before March 10, 2008.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2008-0069 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: arnold.anne@epa.gov.
3. Mail: ``Docket Identification Number EPA-R01-OAR-2008-0069,''
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, Suite 1100 (mail code CAQ),
Boston, MA 02114-2023.
4. 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,
One Congress Street, 11th floor, (CAQ), Boston, MA 02114-2023. 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-
2008-0069. 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 e-
mail, 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 e-
mail comment directly to EPA without going through www.regulations.gov
your e-mail 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, One Congress
Street, Suite 1100, 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, One Congress Street, Suite 1100 (CAQ), Boston, MA
02114-2023, telephone number (617) 918-1664, fax number (617) 918-0664,
e-mail 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 Action Is EPA Taking?
II. What Is the Effect of This Action?
III. What Is the Background for This Action?
IV. What Is EPA's Analysis of the Relevant Air Quality Data?
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
EPA is proposing to determine that the Boston-Manchester-Portsmouth
(SE), New Hampshire moderate 8-hour ozone nonattainment area has
attained the 8-hour National Ambient Air Quality Standard (NAAQS) for
ozone. This determination is based upon certified ambient air
monitoring data that show the area has monitored attainment of the
ozone NAAQS since the 2002-2004 monitoring period, and monitoring data
that continue to show attainment of the NAAQS based on 2004-2006 data.
In addition, quality controlled and quality assured ozone data for 2007
that are available in the EPA Air Quality System (AQS) database, but
not yet certified, show this area continues to attain the ozone NAAQS.
II. What Is the Effect of This Action?
If this determination is made final, under the provisions of EPA's
ozone implementation rule (see 40 CFR Section 51.918), the requirements
for the Boston-Manchester-Portsmouth (SE), New Hampshire moderate ozone
nonattainment area to submit an attainment demonstration, a reasonable
further progress plan, section 172(c)(9) contingency measures, and any
other planning State Implementation Plans (SIPs) related to attainment
of the 8-hour ozone NAAQS would be suspended for so long as the area
continues to attain the ozone NAAQS.
This proposed action, if finalized, would not constitute a
redesignation to
[[Page 7235]]
attainment under CAA section 107(d)(3), because we would not yet have
an approved maintenance plan for the area as required under section
175A of the CAA, nor a determination that the area has met the other
requirements for redesignation. The classification and designation
status of the area would remain moderate nonattainment for the 8-hour
ozone NAAQS until such time as EPA determines that it meets the CAA
requirements for redesignation to attainment.
If this rulemaking is finalized and EPA subsequently determines,
after notice-and-comment rulemaking in the Federal Register, that the
area has violated the 8-hour ozone standard, the basis for the
suspension of these requirements would no longer exist, and the area
would thereafter have to address the pertinent requirements.
III. What Is the Background for This Action?
On April 30, 2004 (69 FR 23857), EPA designated as nonattainment
any area that was violating the 8-hour ozone NAAQS based on the three
most recent years (2001-2003) of air quality data. Portions of
Hillsborough, Merrimack, and Rockingham, and Strafford Counties in New
Hampshire were designated as a moderate ozone nonattainment area
(specifically, the Boston-Manchester-Portsmouth (SE), New Hampshire
area). The rest of New Hampshire was designated as attainment of the 8-
hour ozone NAAQS. (See 40 CFR 81.330.) More recent air quality data,
however, indicate that the Boston-Manchester-Portsmouth (SE), New
Hampshire area is now attaining the 8-hour ozone standard.
IV. What Is EPA's Analysis of the Relevant Air Quality Data?
The EPA has reviewed the ambient air monitoring data for ozone,
consistent with the requirements contained in 40 CFR Part 50 and
recorded in the EPA Air Quality System (AQS) database, for the Boston-
Manchester-Portsmouth (SE), New Hampshire ozone nonattainment area,
from 2002 through the present time. On the basis of that review, EPA
has concluded that this area attained the 8-hour ozone standard at the
end of the 2004 ozone season, based on certified 2002-2004 ozone data,
and continued to attain the standard through and inclusive of the 2004-
2006 ozone seasons. In addition, quality controlled and quality assured
ozone data for 2007, that are available in AQS, but not yet certified,
show this area continues to attain the 8-hour ozone NAAQS.
Under EPA regulations at 40 CFR Part 50, the 8-hour ozone standard
is attained when the 3-year average of the annual fourth-highest daily
maximum 8-hour average ozone concentrations at an ozone monitor is less
than or equal to 0.08 parts per million (ppm) (i.e., 0.084 ppm, based
on the rounding convention in 40 CFR part 50, Appendix I). This 3-year
average is referred to as the design value. When the design value is
less than or equal to 0.084 ppm (84 parts per billion (ppb)) at each
monitor within the area, then the area is meeting the NAAQS. (See 69 FR
23857 (April 30, 2004) for further information.) Also, the data
completeness requirement is met when the average percent of days with
valid ambient monitoring data is greater than 90%, and no single year
has less than 75% data completeness as determined in Appendix I of 40
CFR Part 50.
Table 1 shows the fourth-highest daily maximum 8-hour average ozone
concentrations for the Boston-Manchester-Portsmouth (SE), New Hampshire
nonattainment area monitors for the years 2004-2007. Table 2 shows the
ozone design values for these same monitors based on the following 3-
year periods: 2002-2004; 2003-2005; 2004-2006; and 2005-2007.
Table 1.--Fourth-High 8-Hour Ozone Average Concentrations (Parts Per Million, PPM) in the Boston-Manchester-
Portsmouth (SE), New Hampshire Area
----------------------------------------------------------------------------------------------------------------
Location AQS site ID 2004 2005 2006 2007
----------------------------------------------------------------------------------------------------------------
Manchester.................................. 330110020 0.071 0.071 0.068 0.074
Nashua...................................... 330111011 0.080 0.082 0.073 0.081
Portsmouth.................................. 330150014 0.076 0.075 0.073 0.078
Rye......................................... 330150016 0.074 0.075 0.076 0.086
----------------------------------------------------------------------------------------------------------------
Table 2.--Ozone Design Values (PPM) for the Boston-Manchester-Portsmouth (SE), New Hampshire Area
----------------------------------------------------------------------------------------------------------------
Location AQS site ID 2002-2004 2003-2005 2004-2006 2005-2007
----------------------------------------------------------------------------------------------------------------
Manchester.................................. 330110020 0.075 0.070 0.070 0.071
Nashua...................................... 330111011 0.084 0.080 0.078 0.078
Portsmouth.................................. 330150014 0.079 0.074 0.074 0.075
Rye......................................... 330150016 0.078 0.073 0.075 0.079
----------------------------------------------------------------------------------------------------------------
EPA's review of these data indicate that the Boston-Manchester-
Portsmouth (SE), New Hampshire ozone nonattainment area has met and
continues to meet the 8-hour ozone NAAQS. EPA is soliciting public
comments on the issues discussed in this notice or on other relevant
matters. These comments will be considered before taking 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.
V. Proposed Action
EPA is proposing to determine that the Boston-Manchester-Portsmouth
(SE), New Hampshire 8-hour ozone nonattainment area has attained the 8-
hour ozone standard and continues to attain the standard based on data
through the 2007 ozone season. As provided in 40 CFR Section 51.918, if
EPA finalizes this determination, it would suspend the requirements for
New Hampshire to submit an attainment demonstration, a reasonable
further progress plan, and contingency measures under section
172(c)(9), and any other planning SIP related to attainment of the 8-
hour ozone NAAQS for this area, for so long as the area continues to
attain the standard.
VI. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory
[[Page 7236]]
action'' and therefore is not subject to review by the Office of
Management and Budget. For this reason, this action is also not subject
to Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001). This action proposes to make a determination
based on air quality data, and would, if finalized, result in the
suspension of certain Federal requirements. Accordingly, the
Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601, et seq.). Because this rule
proposes to make a determination based on air quality data, and would,
if finalized, result in the suspension of certain Federal requirements,
it 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).
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This proposed action also
does not have Federalism implications because it does not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely proposes to make a determination based on air quality
data and would, if finalized, result in the suspension of certain
Federal requirements, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. This proposed rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it proposes to determine
that air quality in the affected area is meeting Federal standards.
The requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply
because it would be inconsistent with applicable law for EPA, when
determining the attainment status of an area, to use voluntary
consensus standards in place of promulgated air quality standards and
monitoring procedures that otherwise satisfy the provisions of the
Clean Air Act.
This proposed rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501, et seq.)
Under Executive Order 12898, EPA finds that this rule involves a
proposed determination of attainment based on air quality data and will
not have disproportionately high and adverse human health or
environmental effects on any communities in the area, including
minority and low-income communities.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401, et seq.
Dated: January 30, 2008.
Robert W. Varney,
Regional Administrator, EPA New England.
[FR Doc. E8-2251 Filed 2-6-08; 8:45 am]
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