Approval and Promulgation of Air Quality Implementation Plans; New Hampshire; Determination of Attainment of the 1997 Ozone Standard, 14805-14807 [2011-6306]
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Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Rules and Regulations
at Beverly, Massachusetts. The
deviation is necessary to facilitate
structural repairs. This deviation allows
the bridge to remain in the closed
position during the deviation period.
Dated: March 8, 2011.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
This deviation is effective from
6 p.m. on March 25, 2011 through
6 p.m. on March 27, 2011.
BILLING CODE 9110–04–P
DATES:
Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2011–
0149 and are available online at
https://www.regulations.gov, inserting
USCG–2011–0149 in the ‘‘Keyword’’ and
then clicking ‘‘Search’’. They are also
available for inspection or copying at
the Docket Management Facility (M–30),
U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
ADDRESSES:
If
you have questions on this rule, call or
e-mail Mr. John McDonald, Project
Officer, First Coast Guard District,
john.w.mcdonald@uscg.mil, or
telephone (617) 223–8364. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
FOR FURTHER INFORMATION CONTACT:
The Hall
Whitaker Bridge, across the Bass River
at Beverly, Massachusetts, has a vertical
clearance in the closed position of 5 feet
at mean high water and 14 feet at mean
low water. The drawbridge operation
regulations are listed at 33 CFR 117.588.
The owner of the bridge,
Massachusetts Department of
Transportation, requested a temporary
deviation from the regulations to
facilitate emergency repairs at the
bridge. A routine structural inspection
revealed deterioration on two steel floor
beams at the bridge. The two beams
must be replaced as soon as possible in
the interest of public safety.
Under this temporary deviation the
Hall Whitaker Bridge may remain in the
closed position from 6 p.m. on March
25, 2011 through 6 p.m. on March 27,
2011. Vessels that can pass under the
bridge in the closed position may do so
at any time.
The Beverly Harbor Master and the
local marinas were notified and no
objections were received.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
WReier-Aviles on DSKGBLS3C1PROD with RULES
SUPPLEMENTARY INFORMATION:
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[FR Doc. 2011–6339 Filed 3–17–11; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
14805
recordkeeping requirements, Volatile
organic compounds.
Dated: March 8, 2011.
Shawn M. Garvin,
Regional Administrator, Region III.
Accordingly, the amendments to the
table in 40 CFR 52.2420, published on
January 26, 2011 (76 FR 4537) on page
4539 is withdrawn as of March 18, 2011.
[FR Doc. 2011–6227 Filed 3–17–11; 8:45 am]
BILLING CODE 6560–50–P
[EPA–R03–OAR–2010–0882; FRL–9281–4]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Adoption of the Revised Lead
Standards and Related Reference
Conditions and Update of Appendices;
Withdrawal of Direct Final Rule
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
Due to an adverse comment,
EPA is withdrawing the direct final rule
to approve revisions to Virginia’s State
Implementation Plan (SIP). These SIP
revisions add the primary and
secondary lead standards of 0.15
micrograms per cubic meter (μg/m3),
related reference conditions, and update
the list of appendices under ‘‘Documents
Incorporated by Reference.’’ In the direct
final rule published on January 26, 2011
(76 FR 4537), we stated that if we
received any adverse comments by
February 25, 2011, the rule would be
withdrawn and would not take effect.
EPA received an adverse comment
within the comment period. EPA will
address the comment received in a
subsequent final action based upon the
proposed action also published on
January 26, 2011 (76 FR 4579). EPA will
not institute a second comment period
on this action.
DATES: The direct final rule published at
76 FR 4537, January 26, 2011, is
withdrawn as of March 18, 2010.
ADDRESSES: EPA has established docket
number EPA–R03–OAR–2010–0882 for
this action. The index to the docket is
available electronically at https://
www.regulations.gov and in hard copy
at Air Protection Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT:
Irene Shandruk, (215) 814–2166, or by
e-mail at shandruk.irene@epa.gov.
SUMMARY:
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
PO 00000
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2010–0934; A–1–FRL–
9281–5]
Approval and Promulgation of Air
Quality Implementation Plans; New
Hampshire; Determination of
Attainment of the 1997 Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Final Rule.
AGENCY:
The EPA is taking final action
to determine that the BostonManchester-Portsmouth (SE), New
Hampshire moderate 1997 8-hour ozone
nonattainment area has attained the
1997 8-hour National Ambient Air
Quality Standard (NAAQS) for ozone.
This determination is based upon
complete, quality-assured, certified
ambient air monitoring data that show
the area has monitored attainment of the
1997 8-hour ozone NAAQS for the
2007–2009 monitoring period.
Preliminary data available for the 2010
ozone season is consistent with
continued attainment. Under the
provisions of EPA’s ozone
implementation rule, 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 1997 8-hour ozone
NAAQS shall be suspended for so long
as the area continues to attain the 1997
ozone NAAQS. In addition, EPA is
taking final action to determine that this
area has attained the 1997 ozone
NAAQS as of June 15, 2010, its
applicable attainment date.
DATES: Effective Date: This rule is
effective on April 18, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2010–0934. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
SUMMARY:
E:\FR\FM\18MRR1.SGM
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14806
Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Rules and Regulations
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 https://
www.regulations.gov or in hard copy at
the Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
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, 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.
WReier-Aviles on DSKGBLS3C1PROD with RULES
I. What actions is EPA taking?
II. What is the effect of these actions?
III. Final Actions
IV. Statutory and Executive Order Reviews
I. What actions is EPA taking?
EPA is taking final action to
determine that the Boston-ManchesterPortsmouth (SE), New Hampshire
moderate 8-hour ozone nonattainment
area has attained the 1997 8-hour ozone
National Ambient Air Quality Standard
(NAAQS). This determination is based
upon complete, quality-assured and
certified ambient air monitoring data
that show the area has monitored
attainment of the 1997 ozone NAAQS
for the 2007–2009 monitoring period. In
addition, preliminary data for 2010
shows this area continues to meet the
1997 ozone NAAQS.
Based on the air quality data cited
above, EPA is also taking final action to
determine, under section 181(b)(2)(A) of
the Clean Air Act (CAA), that this area
has attained the 1997 ozone NAAQS by
its applicable attainment date (June 15,
2010).
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On March 27, 2008 (73 FR 16436),
EPA promulgated a revised 8-hour
ozone standard of 0.075 ppm. On
January 6, 2010, EPA again addressed
this 2008 revised standard and proposed
to set the primary 8-hour ozone
standard within the range of 0.060 to
0.070 ppm, rather than at 0.075 ppm.
EPA is working to complete
reconsideration of the standard. If EPA
establishes a new primary ozone
standard as a result of the
reconsideration, it would fully replace
the standard set in 2008. Thus,
implementation requirements for the
2008 standard would no longer apply.
EPA would then proceed with
designations with respect to the new
standard. Today’s rulemaking relates
only to the 1997 8-hour ozone standard
and is not affected by the ongoing
process of reconsidering the revised
2008 standard. This action addresses
only the 1997 8-hour ozone standard of
0.08 ppm, and does not address any
subsequently revised 8-hour ozone
standard.
Other specific details related to the
determinations and the rationale for
EPA’s final actions are explained in the
Notice of Proposed Rulemaking (NPR)
for these actions published on December
6, 2010 (75 FR 75656) and will not be
restated here. No comments were
received on the NPR.
II. What is the effect of these actions?
The effect of this action is to reaffirm
EPA’s prior determination of attainment
for this area (See 73 FR 14387 (March
18, 2004)), and thus, pursuant to 40
CFR. 51.918, to continue the suspension
of New Hampshire’s obligation to make
certain SIP submissions for this area.
Under the provisions of EPA’s ozone
implementation rule (see 40 CFR
51.918), the determination that the area
is attaining the standard suspends the
requirements for the BostonManchester-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 1997
8-hour ozone NAAQS for so long as the
area continues to attain the 1997 ozone
NAAQS.
This action does not constitute a
redesignation to attainment under CAA
section 107(d)(3), because the area does
not have an approved maintenance plan
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 remains
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moderate nonattainment for the 1997 8hour ozone NAAQS until such time as
EPA determines that it meets the CAA
requirements for redesignation to
attainment. If EPA subsequently
determines, after notice-and-comment
rulemaking in the Federal Register, that
the area has violated the 1997 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.
In addition, in accordance with CAA
section 181(b)(2)(A), EPA is determining
that the Boston-Manchester-Portsmouth
(SE), New Hampshire 1997 8-hour
ozone nonattainment area has attained
the 1997 ozone NAAQS by its
applicable attainment date of June 15,
2010. The effect of this determination of
attainment by the area’s attainment date
is to discharge EPA’s obligation under
section 181(b)(2)(A), and to establish
that, in accordance with that section,
the area will not be reclassified for
failure to attain by its applicable
attainment date.
III. Final Actions
EPA is determining that the BostonManchester-Portsmouth (SE), New
Hampshire 8-hour ozone nonattainment
area has attained the 1997 8-hour ozone
standard based on three years of
complete, quality-assured and certified
ozone monitoring data from 2007–2009.
Preliminary data available for 2010 are
consistent with continued attainment.
As provided in 40 CFR 51.918, this
determination suspends the
requirements for New Hampshire to
submit an attainment demonstration, a
reasonable further progress plan,
contingency measures under section
172(c)(9), and any other planning SIP
related to attainment of the 1997 8-hour
ozone NAAQS for this area, for so long
as the area continues to attain the 1997
ozone standard. In addition, pursuant to
CAA section 181(b)(2)(A), EPA is
determining that the BostonManchester-Portsmouth (SE), New
Hampshire 8-hour ozone nonattainment
area has attained the 1997 8-hour ozone
NAAQS by its applicable attainment
date (June 15, 2010).
IV. Statutory and Executive Order
Reviews
These actions make a determination
of attainment based on air quality, and
result in the suspension of certain
Federal requirements, 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
E:\FR\FM\18MRR1.SGM
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WReier-Aviles on DSKGBLS3C1PROD with RULES
Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Rules and Regulations
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.
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
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13:29 Mar 17, 2011
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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 May 17, 2011.
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: March 8, 2011.
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—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart EE—New Hampshire
2. Section 52.1534 is amended by
adding paragraph (e) to read as follows:
■
§ 52.1534
Control strategy: Ozone.
*
*
*
*
*
(e) Determination of Attainment.
Effective April 18, 2011, EPA is
determining that the BostonManchester-Portsmouth (SE), New
Hampshire 8-hour ozone nonattainment
area has attained the 1997 8-hour ozone
standard based on 2007–2009
monitoring data. Under the provisions
of EPA’s ozone implementation rule (see
40 CFR 51.918), this determination
suspends the reasonable further
progress and attainment demonstration
requirements of section 182(b)(1) and
related requirements of section 172(c)(9)
of the Clean Air Act for as long as the
area does not monitor any violations of
the 1997 8-hour ozone standard. If a
violation of the 1997 ozone NAAQS is
monitored in the Boston-ManchesterPortsmouth (SE), New Hampshire 8-
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
14807
hour ozone nonattainment area, this
determination shall no longer apply. In
addition, this area met its June 15, 2010
attainment deadline for the 1997 ozone
standard.
[FR Doc. 2011–6306 Filed 3–17–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–R09–OAR–2011–0213; FRL–9283–4]
Delegation of National Emission
Standards for Hazardous Air Pollutants
for Source Categories; State of
Arizona, Maricopa County Air Quality
Department; State of California, Santa
Barbara County Air Pollution Control
District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is amending certain
regulations to reflect the current
delegation status of national emission
standards for hazardous air pollutants
(NESHAP) in Arizona and California.
Several NESHAP were delegated to the
Maricopa County Air Quality
Department and the Santa Barbara
County Air Pollution Control District
within the past 12 months. The purpose
of this action is to update the listing in
the Code of Federal Regulations.
DATES: This rule is effective on May 17,
2011 without further notice, unless EPA
receives adverse comments by April 18,
2011. If we receive such comments, we
will publish a timely withdrawal in the
Federal Register to notify the public
that this direct final rule will not take
effect.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2011–0213, by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or delivery: Andrew Steckel
(AIR–4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
SUMMARY:
E:\FR\FM\18MRR1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 53 (Friday, March 18, 2011)]
[Rules and Regulations]
[Pages 14805-14807]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6306]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2010-0934; A-1-FRL-9281-5]
Approval and Promulgation of Air Quality Implementation Plans;
New Hampshire; Determination of Attainment of the 1997 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final Rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is taking final action to determine that the Boston-
Manchester-Portsmouth (SE), New Hampshire moderate 1997 8-hour ozone
nonattainment area has attained the 1997 8-hour National Ambient Air
Quality Standard (NAAQS) for ozone. This determination is based upon
complete, quality-assured, certified ambient air monitoring data that
show the area has monitored attainment of the 1997 8-hour ozone NAAQS
for the 2007-2009 monitoring period. Preliminary data available for the
2010 ozone season is consistent with continued attainment. Under the
provisions of EPA's ozone implementation rule, 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 1997 8-hour ozone
NAAQS shall be suspended for so long as the area continues to attain
the 1997 ozone NAAQS. In addition, EPA is taking final action to
determine that this area has attained the 1997 ozone NAAQS as of June
15, 2010, its applicable attainment date.
DATES: Effective Date: This rule is effective on April 18, 2011.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2010-0934. All documents in the docket
are listed on the https://www.regulations.gov Web site. Although
[[Page 14806]]
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 https://www.regulations.gov or in hard copy at the Office of
Ecosystem Protection, U.S. Environmental Protection Agency, EPA 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, 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 actions is EPA taking?
II. What is the effect of these actions?
III. Final Actions
IV. Statutory and Executive Order Reviews
I. What actions is EPA taking?
EPA is taking final action to determine that the Boston-Manchester-
Portsmouth (SE), New Hampshire moderate 8-hour ozone nonattainment area
has attained the 1997 8-hour ozone National Ambient Air Quality
Standard (NAAQS). This determination is based upon complete, quality-
assured and certified ambient air monitoring data that show the area
has monitored attainment of the 1997 ozone NAAQS for the 2007-2009
monitoring period. In addition, preliminary data for 2010 shows this
area continues to meet the 1997 ozone NAAQS.
Based on the air quality data cited above, EPA is also taking final
action to determine, under section 181(b)(2)(A) of the Clean Air Act
(CAA), that this area has attained the 1997 ozone NAAQS by its
applicable attainment date (June 15, 2010).
On March 27, 2008 (73 FR 16436), EPA promulgated a revised 8-hour
ozone standard of 0.075 ppm. On January 6, 2010, EPA again addressed
this 2008 revised standard and proposed to set the primary 8-hour ozone
standard within the range of 0.060 to 0.070 ppm, rather than at 0.075
ppm. EPA is working to complete reconsideration of the standard. If EPA
establishes a new primary ozone standard as a result of the
reconsideration, it would fully replace the standard set in 2008. Thus,
implementation requirements for the 2008 standard would no longer
apply. EPA would then proceed with designations with respect to the new
standard. Today's rulemaking relates only to the 1997 8-hour ozone
standard and is not affected by the ongoing process of reconsidering
the revised 2008 standard. This action addresses only the 1997 8-hour
ozone standard of 0.08 ppm, and does not address any subsequently
revised 8-hour ozone standard.
Other specific details related to the determinations and the
rationale for EPA's final actions are explained in the Notice of
Proposed Rulemaking (NPR) for these actions published on December 6,
2010 (75 FR 75656) and will not be restated here. No comments were
received on the NPR.
II. What is the effect of these actions?
The effect of this action is to reaffirm EPA's prior determination
of attainment for this area (See 73 FR 14387 (March 18, 2004)), and
thus, pursuant to 40 CFR. 51.918, to continue the suspension of New
Hampshire's obligation to make certain SIP submissions for this area.
Under the provisions of EPA's ozone implementation rule (see 40 CFR
51.918), the determination that the area is attaining the standard
suspends 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 1997 8-hour ozone NAAQS for so long
as the area continues to attain the 1997 ozone NAAQS.
This action does not constitute a redesignation to attainment under
CAA section 107(d)(3), because the area does not have an approved
maintenance plan 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
remains moderate nonattainment for the 1997 8-hour ozone NAAQS until
such time as EPA determines that it meets the CAA requirements for
redesignation to attainment. If EPA subsequently determines, after
notice-and-comment rulemaking in the Federal Register, that the area
has violated the 1997 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.
In addition, in accordance with CAA section 181(b)(2)(A), EPA is
determining that the Boston-Manchester-Portsmouth (SE), New Hampshire
1997 8-hour ozone nonattainment area has attained the 1997 ozone NAAQS
by its applicable attainment date of June 15, 2010. The effect of this
determination of attainment by the area's attainment date is to
discharge EPA's obligation under section 181(b)(2)(A), and to establish
that, in accordance with that section, the area will not be
reclassified for failure to attain by its applicable attainment date.
III. Final Actions
EPA is determining that the Boston-Manchester-Portsmouth (SE), New
Hampshire 8-hour ozone nonattainment area has attained the 1997 8-hour
ozone standard based on three years of complete, quality-assured and
certified ozone monitoring data from 2007-2009. Preliminary data
available for 2010 are consistent with continued attainment. As
provided in 40 CFR 51.918, this determination suspends the requirements
for New Hampshire to submit an attainment demonstration, a reasonable
further progress plan, contingency measures under section 172(c)(9),
and any other planning SIP related to attainment of the 1997 8-hour
ozone NAAQS for this area, for so long as the area continues to attain
the 1997 ozone standard. In addition, pursuant to CAA section
181(b)(2)(A), EPA is determining that the Boston-Manchester-Portsmouth
(SE), New Hampshire 8-hour ozone nonattainment area has attained the
1997 8-hour ozone NAAQS by its applicable attainment date (June 15,
2010).
IV. Statutory and Executive Order Reviews
These actions make a determination of attainment based on air
quality, and result in the suspension of certain Federal requirements,
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
[[Page 14807]]
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.
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 May 17, 2011. 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: March 8, 2011.
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--[AMENDED]
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 (e) to read as
follows:
Sec. 52.1534 Control strategy: Ozone.
* * * * *
(e) Determination of Attainment. Effective April 18, 2011, EPA is
determining that the Boston-Manchester-Portsmouth (SE), New Hampshire
8-hour ozone nonattainment area has attained the 1997 8-hour ozone
standard based on 2007-2009 monitoring data. Under the provisions of
EPA's ozone implementation rule (see 40 CFR 51.918), this determination
suspends the reasonable further progress and attainment demonstration
requirements of section 182(b)(1) and related requirements of section
172(c)(9) of the Clean Air Act for as long as the area does not monitor
any violations of the 1997 8-hour ozone standard. If a violation of the
1997 ozone NAAQS is monitored in the Boston-Manchester-Portsmouth (SE),
New Hampshire 8-hour ozone nonattainment area, this determination shall
no longer apply. In addition, this area met its June 15, 2010
attainment deadline for the 1997 ozone standard.
[FR Doc. 2011-6306 Filed 3-17-11; 8:45 am]
BILLING CODE 6560-50-P
