Approval and Promulgation of Air Quality Implementation Plans; New Hampshire; Determination of Attainment of the One-Hour Ozone Standard for the Portsmouth-Dover-Rochester and Manchester Areas, 42470-42476 [2012-17621]
Download as PDF
<![CDATA[
42470
Federal Register / Vol. 77, No. 139 / Thursday, July 19, 2012 / Proposed Rules
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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.
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use because it is not a
‘‘significant regulatory action’’ under
Executive Order 12866 and is not likely
to have a significant adverse effect on
the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
emcdonald on DSK67QTVN1PROD with PROPOSALS
14. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves special local regulations
issued in conjunction with a regatta or
marine parade. This rule is categorically
excluded from further review under
paragraph 34(h) of Figure 2–1 of the
Commandant Instruction. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
VerDate Mar<15>2010
17:42 Jul 18, 2012
Jkt 226001
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.35T07–0503
to read as follows:
§ 100.35T07–0503 Special Local
Regulations; Fajardo Offshore Festival II,
Rada Fajardo, Fajardo, Puerto Rico.
(a) Regulated Areas. The following
regulated areas are established as
special local regulations. All
coordinates are North American Datum
1983.
(1) Race Area. All waters of Rada
Fajardo encompassed within an
imaginary line connecting the following
points: starting at Point 1 in position
18°21.357 N, 65°37.203 W; thence
southeast to Point 2 in position
18°21.334 N, 65°37.112 W; thence
northeast to Point 3 in position
18°22.365 N, 65°36.585 W; thence
northwest to point 4 in position
18°22.365 N, 65°36.585 W; thence
southwest to point 5 in position
18°21.733 N, 65°37.112 W; thence south
back to origin. All persons and vessels,
except those persons and vessels
participating in the high-speed boat
race, are prohibited from entering,
transiting through, anchoring in, or
remaining within the race area.
(2) Buffer Zone. All waters of Rada
Fajardo encompassed within an
imaginary line connecting the following
points: starting at Point 1 in position
18°22.492 N, 65°36.515 W; thence
northeast to Point 2 in position
18°22.423 N, 65°36.355 W; thence
southeast to Point 3 in position
18°21.297 N, 65°37.110 W; thence
southwest to point 4 in position
18°21.369 N, 65°37.264 W; thence
northwest to point 5 in position
18°21.728 N, 65°37.220 W; thence north
back to origin. All persons and vessels
except those persons and vessels
enforcing the buffer zone are prohibited
from entering, transiting through,
anchoring in, or remaining within the
buffer zone.
(3) Spectator Area. All waters of Rada
Fajardo excluding the race areas and
buffer zone, encompassed within an
imaginary line connecting the following
points: starting at Point 1 in position
18°22.540 N, 65°36.421 W; thence
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
southeast to Point 2 in position
18°22.331 N, 65°36.205 W; thence
southwest to Point 3 in position
18°21.199 N, 65°36.995 W; thence west
to Point 4 in position 18°21.205 N,
65°37.243 W. All vessels are prohibited
from anchoring in the spectator area.
On-scene designated representatives
will direct spectator vessels to the
spectator area.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port San Juan in the
enforcement of the regulated areas.
(c) Regulations. (1) Persons and
vessels may request authorization to
enter, transit through, anchor in, or
remain within the regulated areas by
contacting the Captain of the Port San
Juan by telephone at (787) 289–2041, or
a designated representative via VHF
radio on channel 16. If authorization is
granted by the Captain of the Port San
Juan or a designated representative, all
persons and vessels receiving such
authorization must comply with the
instructions of the Captain of the Port
San Juan or a designated representative.
(2) The Coast Guard will provide
notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
Dated: June 13, 2012.
D.W. Pearson,
Captain, U.S. Coast Guard. Captain of the
Port San Juan.
[FR Doc. 2012–17581 Filed 7–18–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2012–0229; A–1–FRL–
9700–5]
Approval and Promulgation of Air
Quality Implementation Plans; New
Hampshire; Determination of
Attainment of the One-Hour Ozone
Standard for the Portsmouth-DoverRochester and Manchester Areas
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The EPA is proposing to make
four separate and independent
determinations for two areas in New
Hampshire. First, with respect to the
SUMMARY:
E:\FR\FM\19JYP1.SGM
19JYP1
emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 139 / Thursday, July 19, 2012 / Proposed Rules
Portsmouth-Dover-Rochester,
(Portsmouth) serious one-hour ozone
nonattainment area, EPA is proposing to
determine that the area attained the onehour National Ambient Air Quality
Standard (NAAQS) for ozone, by the
applicable deadline of November 15,
1999. Second, EPA is proposing to
determine that the Portsmouth area
attained the one-hour ozone standard in
1999, and continues to attain the
standard. Third, EPA is proposing to
determine that the Manchester marginal
one-hour ozone nonattainment area
attained the one-hour NAAQS, by the
applicable deadline of November 15,
1993. Fourth, EPA is proposing to
determine, that the Manchester area has
attained the one-hour ozone standard
since 1993, and continues to attain the
standard.
DATES: Written comments must be
received on or before August 20, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R01–OAR–2012– 0229 by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: arnold.anne@epa.gov.
3. Fax: (617) 918–0047.
4. Mail: ‘‘Docket Identification
Number EPA–R01–OAR–2012–0229, ’’
Anne Arnold, U.S. Environmental
Protection Agency, EPA New England
Regional Office, 5 Post Office Square,
Suite 100 (mail code: OEP05–2), Boston,
MA 02109–3912.
5. Hand Delivery or Courier. Deliver
your comments to: Anne Arnold,
Manager, Air Quality Planning Unit,
Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, 5 Post
Office Square, Suite 100, Boston, MA
02109–3912. Such deliveries are only
accepted during the Regional Office’s
normal hours of operation. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding legal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R01–OAR–20120229. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov, or email,
information that you consider to be CBI
or otherwise protected. The
VerDate Mar<15>2010
15:06 Jul 18, 2012
Jkt 226001
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov your email address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at Office of Ecosystem
Protection, U.S. Environmental
Protection Agency, EPA New England
Regional Office, 5 Post Office Square,
Suite 100, Boston, MA. EPA requests
that if at all possible, you contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Richard P. Burkhart, Air Quality
Planning Unit, U.S. Environmental
Protection Agency, EPA New England
Regional Office, 5 Post Office Square,
Suite 100, Boston, MA 02109–3912,
telephone number (617) 918–1664, fax
number (617) 918–0664, email
Burkhart.Richard@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
The following outline is provided to
aid in locating information in this
preamble:
I. What is EPA proposing?
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
42471
II. What is the background for these proposed
actions?
III. What is EPA’s analysis of data for
purposes of determining attainment of
the one-hour ozone standard?
A. How does EPA compute whether an
area meets the one-hour ozone standard?
B. EPA’s Analysis of the One-Hour Ozone
Data for the Portsmouth, NH Serious
One-Hour Ozone Nonattainment Area
C. EPA’s Analysis of the One-Hour Ozone
Data for the Manchester, NH Marginal
One-Hour Ozone Nonattainment Area
IV. What is the effect of the proposed
determinations?
V. Proposed Determinations
VI. Statutory and Executive Order Reviews
I. What is EPA proposing?
EPA is proposing to determine that
the Portsmouth, NH serious one-hour
ozone nonattainment area attained the
one-hour ozone NAAQS by the deadline
of November 15, 1999. This proposed
determination is based upon complete,
quality-assured and certified air quality
monitoring data for the 1997–1999
ozone seasons showing that the area had
an expected ozone exceedance rate
below the level of the now revoked onehour ozone NAAQS during that period
and therefore attained the standard by
its applicable deadline. EPA is also
proposing to determine that the
Portsmouth, NH area is currently
attaining the standard based on
complete, certified and quality-assured
ozone monitoring data since 1999 and
continues to attain the standard based
on the most recent three years of
complete, quality-assured and certified
ozone monitoring data (2009–2011). If
EPA finalizes its determination, that the
area is currently attaining the one-hour
standard, in accordance with EPA’s
interpretation under the Clean Data
Policy, it will relieve the area of the
obligation to submit one-hour ozone
contingency measures for failure to
attain.
In addition, EPA is proposing to
determine that the Manchester, NH
marginal one-hour ozone nonattainment
area attained the one-hour ozone
NAAQS by the applicable deadline of
November 15, 1993. This proposed
determination is based upon complete,
certified, quality-assured ambient air
quality monitoring data for the 1991–
1993 ozone seasons showing that the
area had an expected ozone exceedance
rate below the level of the now revoked
one-hour ozone NAAQS during that
period, and that the area attained the
standard by its applicable deadline. EPA
is also proposing to determine that the
Manchester, NH area has attained the
one-hour ozone standard since 1993,
and continues to attain the standard
based on the most recent three years of
E:\FR\FM\19JYP1.SGM
19JYP1
42472
Federal Register / Vol. 77, No. 139 / Thursday, July 19, 2012 / Proposed Rules
complete, quality-assured and certified
ozone monitoring data (2009–2011).
II. What is the background for these
proposed actions?
EPA designated the Portsmouth, NH
serious one-hour ozone nonattainment
area as nonattainment for the one-hour
ozone standard following the enactment
of the Clean Air Act (CAA)
Amendments of 1990. Most areas of the
country that EPA designated
nonattainment for the one-hour ozone
NAAQS were classified by operation of
law as marginal, moderate, serious,
severe, or extreme, depending on the
severity of the area’s air quality
problem. (See CAA sections 107(d)(1)(C)
and 181(a).) The Portsmouth, NH one-
hour ozone nonattainment area was
classified as serious. The one-hour
ozone attainment deadline for the area
was November 15, 1999. The
Portsmouth, NH area has both an
approved 15 Percent Reasonable Further
Progress (RFP) plan and a Post-96 RFP
plan. (See 63 FR 67405, December 7,
1998; and 67 FR 18493, April 16, 2002.)
The area does not have an approved
one-hour attainment demonstration, or
one-hour contingency measures, but if
EPA finalizes its proposed one-hour
determinations, there would be no
requirement for the Portsmouth, NH
area to submit or implement one-hour
ozone contingency measures for failure
to attain the standard or for the
Portsmouth, NH area to submit or
implement a one-hour attainment
demonstration.
In addition, EPA designated the
Manchester, NH one-hour ozone
nonattainment area as marginal for the
one-hour ozone standard. The one-hour
ozone attainment deadline for this area
was November 15, 1993. Marginal areas
had very few CAA requirements. For
example one-hour ozone marginal areas
did not have to prepare or submit
attainment demonstrations, RFP or
contingency measures. Table 1 lists the
cities and towns in the Portsmouth and
Manchester, NH one-hour ozone
nonattainment areas. (See also 40 CFR
81.330.)
TABLE 1—LIST OF CITIES AND TOWNS FOR THE PORTSMOUTH AND MANCHESTER, NH AREAS
Area
County
Cities and towns included
Manchester, NH Area .............
Merrimack (all) .......................
Allenstown, Andover, Boscawen, Bow, Bradford, Canterbury, Chichester, Concord, Danbury, Dunbarton, Epsom,
Franklin, Henniker, Hill, Hooksett, Hopkinton, Loudon,
New London, Newbury, Northfield, Pembroke, Pittsfield,
Salisbury, Sutton, Warner, Webster, Wilmot.
Antrim, Bedford, Bennington, Deering, Francestown,
Goffstown, Greenfield, Greenville, Hancock, Hillsborough,
Lyndeborough, Manchester, Mason, New Boston, New
Ipswich, Petersborough, Sharon, Temple, Weare, Windsor.
Auburn, Candia, Chester, Deerfield, Epping, Fremont,
Northwood, Nottingham, Raymond.
Exeter, Greenland, Hampton, New Castle, Newfields,
Newington, Newmarket, North Hampton, Portsmouth,
Rye, Stratham.
Barrington, Dover, Durham, Farmington, Lee, Madbury, Middleton, Milton, New Durham, Rochester, Rollinsford,
Somersworth, Strafford.
Hillsborough (part) .................
Rockingham (part) .................
Portsmouth, NH Area ..............
Rockingham (part) .................
emcdonald on DSK67QTVN1PROD with PROPOSALS
Strafford (all) ..........................
On July 18, 1997 (62 FR 38856), EPA
promulgated for the first time a new
standard for ozone based on an 8-hour
average concentration (the ‘‘1997 8-hour
ozone NAAQS’’). EPA designated and
classified most areas of the country
under the eight-hour ozone NAAQS in
an April 30, 2004 final rule (69 FR
23858). EPA designated Southern New
Hampshire as nonattainment for the
1997 8-hour ozone NAAQS. This area is
known as the Boston-ManchesterPortsmouth (SE), NH area. At the time
of eight-hour designations, the BostonManchester-Portsmouth (SE), NH area
did not meet the one-hour ozone
standard. The Boston-ManchesterPortsmouth (SE), NH area is composed
of portions of three separate one-hour
ozone nonattainment areas: (1) The
Portsmouth, NH serious one-hour ozone
nonattainment area; (2) the BostonLawrence-Worcester, MA-NH one-hour
ozone nonattainment area; and (3) the
Manchester, NH marginal one-hour
ozone nonattainment area. This
VerDate Mar<15>2010
15:06 Jul 18, 2012
Jkt 226001
proposed action concerns the
Portsmouth, NH serious one-hour ozone
nonattainment area, and the
Manchester, NH marginal one-hour
ozone nonattainment area. The BostonLawrence-Worcester, MA-NH one-hour
ozone nonattainment area, was the
subject of a previous Federal Register
notice that determined the BostonLawrence-Worcester, MA-NH one-hour
ozone nonattainment area attained the
one-hour NAAQS by its attainment date
(see 77 FR 31496, May 29, 2012).
On April 30, 2004, EPA issued a final
rule (69 FR 23951) entitled ‘‘Final Rule
To Implement the 8-Hour Ozone
National Ambient Air Quality
Standard—Phase 1,’’ referred to as the
Phase 1 Rule. Among other matters, this
rule revoked the one-hour ozone
NAAQS in most areas of the country,
effective June 15, 2005. (See 40 CFR
50.9(b); 69 FR at 23996; and 70 FR
44470, August 3, 2005.) The Phase 1
Rule also set forth how anti-backsliding
principles will ensure continued
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
Classification
Marginal.
Marginal.
Marginal.
Serious.
Serious.
progress toward attainment of the eighthour ozone NAAQS by identifying
which one-hour requirements remain
applicable in an area after revocation of
the one-hour ozone NAAQS. Although
EPA revoked the one-hour ozone
standard (effective June 15, 2005), eighthour ozone nonattainment areas remain
subject to certain one-hour antibacksliding requirements based on their
one-hour ozone classification.1 The
United States Court of Appeals for the
District of Columbia Circuit
subsequently determined that EPA
should have retained certain additional
measures as one-hour ozone antibacksliding requirements. These include
one-hour ozone contingency measures
under section 172(c)(9), which are to be
implemented in the event an area fails
to attain by its one-hour ozone
attainment date. South Coast Air
Quality Management District v. EPA,
1 Final Rule to Implement the 8-Hour Ozone
National Ambient Air Quality Standard—Phase 1,
69 FR 23951, April 30, 2004.
E:\FR\FM\19JYP1.SGM
19JYP1
42473
Federal Register / Vol. 77, No. 139 / Thursday, July 19, 2012 / Proposed Rules
472 F.3d 882 (D.C. Cir. 2006) rehearing
denied 489 F.3d 1245. EPA has since
added one-hour ozone contingency
measures as an applicable requirement
in 40 CFR 51.900(o). (See 77 FR 28424,
May 14, 2012).
EPA is proposing two separate and
independent determinations for the
Portsmouth, NH serious one-hour ozone
nonattainment area. First, EPA is
proposing to determine that the area
attained the one-hour ozone standard by
its attainment deadline, the end of the
1999 ozone season, and second, that the
area continues to attain that NAAQS. If
EPA finalizes its proposed
determinations, there would be no
requirement for the Portsmouth, NH
area to submit or implement one-hour
ozone contingency measures for failure
to attain that standard.
In addition, EPA is proposing to
determine that the Manchester, NH
marginal one-hour ozone nonattainment
area attained the one-hour ozone
standard by its attainment date, the end
of the 1993 ozone season, and that the
area continues to attain that NAAQS.
Since the Manchester, NH area is a
marginal nonattainment area for the
one-hour ozone standard, the area has
no CAA-required contingency measures
for failure to attain the one-hour
NAAQS.
III. What is EPA’s analysis of data for
purposes of determining attainment of
the one-hour ozone standard?
A. How does EPA compute whether an
area has attained the one-hour ozone
standard?
Although the one-hour ozone NAAQS
as promulgated in 40 CFR 50.9 includes
no discussion of specific data handling
conventions, EPA’s publicly articulated
position and the approach long since
universally adopted by the air quality
management community is that the
interpretation of the one-hour ozone
standard requires rounding ambient air
quality data consistent with the stated
level of the standard, which is 0.12 parts
per million (ppm). 40 CFR 50.9(a) states
that: ‘‘The level of the national one-hour
primary and secondary ambient air
quality standards for ozone * * * is
0.12 parts per million. * * * The
standard is attained when the expected
number of days per calendar year with
maximum hourly average
concentrations of 0.12 parts per million
* * * is equal to or less than 1, as
determined by appendix H to this part.’’
Thus, compliance with the NAAQS is
based on comparison of air quality
concentrations with the standard and on
the number of days that standard has
been exceeded, adjusted for the number
of missing days.
For comparison with the NAAQS,
EPA has communicated the data
handling conventions for the one-hour
ozone NAAQS in guidance documents.
As early as 1979, EPA issued guidance
stating that the level of our NAAQS
dictates the number of significant
figures to be used in determining
whether the standard was exceeded.
The stated level of the standard is taken
as defining the number of significant
figures to be used in comparisons with
the standard. For example, a standard
level of 0.12 ppm means that
measurements are to be rounded to two
decimal places (0.005 rounds up), and,
therefore, 0.125 ppm is the smallest
concentration value in excess of the
level of the standard. (See, ‘‘Guideline
for the Interpretation of Ozone Air
Quality Standards,’’ EPA–450/4–79–
003, OAQPS No. 1.2–108, January
1979.) EPA has consistently applied the
rounding convention in this 1979
guideline. See, 68 FR 19111, April 17,
2003; 68 FR 62043, October 31, 2003;
and 69 FR 21719, April 22, 2004. Then,
EPA determines attainment status under
the one-hour ozone NAAQS on the basis
of the annual average number of
expected exceedances of the NAAQS
over a three-year period. (See, 60 FR
3349, January 17, 1995 and ‘‘General
Preamble for the Implementation of
Title I of the Clean Air Act Amendments
of 1990,’’ at 57 FR 13506, April 16, 1992
(‘‘General Preamble’’).) EPA’s
determination is based upon data that
have been collected and quality-assured
in accordance with 40 CFR part 58, and
recorded in EPA’s Air Quality System
(AQS) database. To account for missing
data, the procedures found in appendix
H to 40 CFR part 50 are used to adjust
the actual number of monitored
exceedances of the standard to yield the
annual number of expected exceedances
(‘‘expected exceedance days’’) at an air
quality monitoring site. We determine if
an area meets the one-hour ozone
NAAQS by calculating, at each monitor,
the average expected number of days
over the standard per year (i.e., ‘‘average
number of expected exceedance days’’)
during the applicable 3-year period. See,
the General Preamble, 57 FR 13498,
April 16, 1992. The term ‘‘exceedance’’
is used throughout this document to
describe a daily maximum ozone
measurement that is equal to or exceeds
0.125 ppm which is the level of the
standard after rounding. An area
violates the ozone standard if, over a
consecutive 3-year period, more than 3
days of expected exceedances occur at
the same monitor. For more information
please refer to 40 CFR 50.9 ‘‘National
one-hour primary and secondary
ambient air quality standards for ozone’’
and ‘‘Interpretation of the one-hour
Primary and Secondary National
Ambient Air Quality Standards for
Ozone’’ (40 CFR part 50, appendix H).
B. EPA’s Analysis of the One-Hour
Ozone Data for the Portsmouth, NH
Serious One-Hour Ozone
Nonattainment Area
Table 2 shows a summary of one-hour
ozone data for all the ozone monitors in
the Portsmouth, NH serious one-hour
ozone nonattainment area for the period
1997–2011. In short, if the three-year
average expected exceedance rate,
shown in the far right column, is less
than or equal to 1.0, the site meets the
one-hour ozone NAAQS. If all sites in
the area are shown to meet the one-hour
ozone NAAQS, it can be determined
that the area has attained the one-hour
ozone NAAQS.
TABLE 2—AVERAGE EXPECTED EXCEEDANCE RATE FOR THE ONE-HOUR OZONE STANDARD IN THE PORTSMOUTH, NH
SERIOUS NONATTAINMENT AREA FOR 1997–2011
emcdonald on DSK67QTVN1PROD with PROPOSALS
AQS No.
Site name
33–015–0012 ............................................
Rye-Harbor State Park .............................
Actual exceedance days over
0.124 ppm ozone
Years
1997–1999
1998–2000
1999–2001
2000–2002
2001–2003
3-Year average
expected exceedance rate
2
0
1
2
2
Site relocated to Science Center
VerDate Mar<15>2010
15:06 Jul 18, 2012
Jkt 226001
PO 00000
Frm 00033
Fmt 4702
Sfmt 4702
E:\FR\FM\19JYP1.SGM
19JYP1
0.7
0.0
0.3
0.7
0.7
42474
Federal Register / Vol. 77, No. 139 / Thursday, July 19, 2012 / Proposed Rules
TABLE 2—AVERAGE EXPECTED EXCEEDANCE RATE FOR THE ONE-HOUR OZONE STANDARD IN THE PORTSMOUTH, NH
SERIOUS NONATTAINMENT AREA FOR 1997–2011—Continued
AQS No.
Site name
33–015–0016 ............................................
Rye-Seacoast Science Center .................
33–015–0013 ............................................
Brentwood-South Road ............................
Actual exceedance days over
0.124 ppm ozone
Years
2003–2005
2004–2006
2005–2007
2006–2008
2007–2009
2008–2010
2009–2011
1998–2000
1999–2001
2000–2002
2001–2003
3-Year average
expected exceedance rate
0
0
0
0
0
0
0
0
0
0
0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
Site Discontinued
33–015–0009 ............................................
Portsmouth-Vaughan Street .....................
1997–1999
1998–2000
2
1
0.7
0.3
Site relocated to Port Authority
33–015–0015 ............................................
Portsmouth-Port Authority ........................
2001–2003
2
0.7
Site relocated to Peirce Island
33–015–0014 ............................................
Portsmouth-Peirce Island .........................
33–017–3002 ............................................
Rochester-Rochester Hill Road ................
2003–2005
2004–2006
2005–2007
2006–2008
2007–2009
2008–2010
2009–2011
1997–1999
1998–2000
1999–2001
2000–2002
2001–2003
0
0
0
0
0
0
0
1
0
0
1
1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.3
0.0
0.0
0.3
0.3
Site Discontinued
As shown in Table 2, the Portsmouth,
NH serious one-hour ozone
nonattainment area attained the onehour ozone NAAQS at the end of the
1999 ozone season, since the three
ozone monitors (Rye-Harbor State Park,
Portsmouth-Vaughan Street, and
Rochester-Rochester Hill Road) had
expected exceedance rates below 1.0.
Thus EPA is proposing to determine
that, based on the 1997–1999 complete,
quality-assured and certified ozone data
in the Air Quality System (AQS)
database, the Portsmouth, NH serious
one-hour ozone nonattainment area met
the one-hour ozone NAAQS, by the
attainment deadline of November 15,
1999. EPA is also proposing to
determine that the area has remained in
attainment of the one-hour NAAQS ever
since.
C. EPA’s Analysis of the One-Hour
Ozone Data for the Manchester, NH
Marginal One-Hour Ozone
Nonattainment Area
the Manchester, NH marginal one-hour
ozone nonattainment area for the period
1991–2011. In short, if the three-year
average expected exceedance rate,
shown in the far right column, is less
than or equal to 1.0, the site meets the
one-hour ozone NAAQS. If all sites in
the area are shown to meet the one-hour
ozone NAAQS, it can be determined
that the area has attained the one-hour
ozone NAAQS.
Table 3 shows the results of one-hour
ozone data for all the ozone monitors in
emcdonald on DSK67QTVN1PROD with PROPOSALS
TABLE 3—AVERAGE EXPECTED EXCEEDANCE RATE FOR THE ONE-HOUR OZONE STANDARD IN THE MANCHESTER, NH
MARGINAL ONE-HOUR OZONE NONATTAINMENT AREA FOR 1991–2011
AQS No.
Site name
33–011–0016 ............................................
Manchester-Hartnett Park ........................
VerDate Mar<15>2010
15:06 Jul 18, 2012
Jkt 226001
PO 00000
Frm 00034
Fmt 4702
Actual exceedance days over
0.124 ppm ozone
Years
Sfmt 4702
3-Year expected
exceedance rate
0
0
0
0
0
0
0.0
0.0
0.0
0.0
0.0
0.0
1991–1993
1992–1994
1993–1995
1994–1996
1995–1997
1996–1998
E:\FR\FM\19JYP1.SGM
19JYP1
42475
Federal Register / Vol. 77, No. 139 / Thursday, July 19, 2012 / Proposed Rules
TABLE 3—AVERAGE EXPECTED EXCEEDANCE RATE FOR THE ONE-HOUR OZONE STANDARD IN THE MANCHESTER, NH
MARGINAL ONE-HOUR OZONE NONATTAINMENT AREA FOR 1991–2011—Continued
AQS No.
Site name
Actual exceedance days over
0.124 ppm ozone
Years
3-Year expected
exceedance rate
0
0.0
1997–1999
Site relocated to Commercial Street
33–011–0019 ............................................
Manchester-North Commercial Street ......
1999–2000
0
*
Site relocated to Pearl Street
33–011–0020 ............................................
Manchester-Pearl Street ..........................
33–013–0007 ............................................
Concord-Storrs Street ..............................
2001–2003
2002–2004
2003–2005
2004–2006
2005–2007
2006–2008
2007–2009
2008–2010
1992–1993
1992–1994
1993–1995
1994–1996
1995–1997
1996–1998
1997–1999
1998–2000
1999–2001
2000–2002
2001–2003
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
1
1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
*
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.3
0.3
0.3
Site relocated to Hazen Drive
33–013–1007 ............................................
Concord-Hazen Drive ...............................
2004–2006
2005–2007
2006–2008
2007–2009
2008–2010
2009–2011
0
0
0
0
0
0
0.0
0.0
0.0
0.0
0.0
0.0
emcdonald on DSK67QTVN1PROD with PROPOSALS
* Three year average expected exceedance rate cannot be calculated because the site has less than 3 years of data. For this area the two
sites with an asterisk both have no exceedances for the time period in question.
As shown in Table 3, the Manchester,
NH marginal one-hour ozone
nonattainment area attained the onehour ozone NAAQS at the end of the
1993 ozone season, since the one
monitor (Manchester-Hartnett Park)
with three years of data had an expected
exceedance rate below 1.0. The other
site (Concord-Storrs Street) began in
1992 and had no exceedance in either
1992 or 1993. Thus, EPA is proposing to
determine that, based on the 1991–1993
complete, quality-assured and certified
ozone data in the AQS database, the
Manchester, NH marginal one-hour
ozone nonattainment area met the onehour ozone NAAQS, by its attainment
deadline of November 15, 1993. Based
on data from 1993–2011, EPA proposes
to determine that the area has continued
in attainment of the one-hour NAAQS
ever since.
VerDate Mar<15>2010
15:06 Jul 18, 2012
Jkt 226001
IV. What is the effect of the proposed
determinations?
If EPA finalizes its proposed
determination that the Portsmouth and
Manchester, NH areas attained the onehour ozone standard by their respective
deadlines, there are no consequences for
failure to attain that standard. For the
Portsmouth, NH area, it would
discharge any obligation with respect to
contingency measures triggered by a
failure to attain by the one-hour ozone
attainment deadline. In addition, if EPA
finalizes its determination that the
Portsmouth, NH one-hour ozone area
continues to attain the standard, under
EPA’s ‘‘Clean Data Policy’’
interpretation, which was first
articulated for the one-hour standard
and then codified for the eight-hour
ozone standard (40 CFR 51.918), that
determination suspends the Portsmouth,
NH area’s obligation to submit
attainment-related requirements for the
one-hour ozone standard, including
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
contingency measures. See, for example,
determination of one-hour ozone
attainment for Baton Rouge, (75 FR
6570, February 10, 2010).
V. Proposed Determinations
For the reasons set forth in this notice,
EPA is proposing four separate and
independent determinations. First, EPA
is proposing to determine that the
Portsmouth, NH serious one-hour ozone
nonattainment area met the applicable
deadline of November 15, 1999, for
attaining the one-hour NAAQS for
ozone, based on 1997–1999 complete,
certified and quality-assured ozone
monitoring data. If EPA finalizes this
determination, it would discharge any
obligation with respect to contingency
measures triggered by a failure to attain
by the one-hour ozone attainment
deadline. Second, EPA is proposing to
determine that the Portsmouth, NH area
is currently attaining the standard based
on complete, certified and qualityassured ozone monitoring data since
E:\FR\FM\19JYP1.SGM
19JYP1
42476
Federal Register / Vol. 77, No. 139 / Thursday, July 19, 2012 / Proposed Rules
emcdonald on DSK67QTVN1PROD with PROPOSALS
1999 and continues to attain the
standard based on the most recent three
years of complete, quality assured ozone
monitoring data. A final determination,
by EPA, that the area is currently
attaining the one-hour standard would
relieve the area of its obligation to
submit one-hour ozone contingency
measures. Third, EPA is proposing to
determine that the Manchester, NH
marginal nonattainment area met the
applicable deadline of November 15,
1993, for attaining the one-hour NAAQS
for ozone. This proposed determination
is based upon complete, certified,
quality-assured ambient air quality
monitoring data for the 1991–1993
monitoring period showing that the area
had an expected ozone exceedance rate
below the level of the now revoked onehour ozone NAAQS during that period
and therefore attained the standard by
its applicable deadline. Fourth and last
with respect to the Manchester, NH
area, EPA is proposing to determine,
that the area has attained the one-hour
ozone standard since 1993, and
continues to attain the standard based
on the most recent three years of
complete, quality-assured and certified
ozone monitoring data.
EPA is soliciting public comments on
the issues discussed in this notice or on
other relevant matters. EPA will
consider these comments before final
action. Interested parties may
participate in the Federal rulemaking
procedure by submitting written
comments to the EPA New England
Regional Office listed in the ADDRESSES
section of this Federal Register.
VI. Statutory and Executive Order
Reviews
This action proposes to make
determinations of attainment based on
monitored air quality data, and/or does
not impose additional requirements
beyond those imposed by state law. For
that reason, these proposed actions:
• Are not ‘‘significant regulatory
actions’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Do not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
VerDate Mar<15>2010
15:06 Jul 18, 2012
Jkt 226001
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Do not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, these actions do not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 28, 2012.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2012–17621 Filed 7–18–12; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 1206013412–2211–01]
RIN 0648–BB97
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Amendment 35
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
Proposed rule; request for
comments.
ACTION:
NMFS proposes to implement
management measures described in
Amendment 35 to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP)
prepared by the Gulf of Mexico Fishery
Management Council (Council). If
implemented, this rule would establish
sector annual catch limits (ACLs) and
sector annual catch targets (ACTs) for
greater amberjack; revise the sector
accountability measures (AMs) for
greater amberjack; and establish a
commercial trip limit for greater
amberjack. Additionally, Amendment
35 would modify the greater amberjack
rebuilding plan. The intent of
Amendment 35 is to end overfishing of
greater amberjack, modify the greater
amberjack rebuilding plan and help
achieve optimum yield (OY) for the
greater amberjack resource in
accordance with the requirements of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
DATES: Written comments must be
received on or before August 20, 2012.
ADDRESSES: You may submit comments
on the proposed rule identified by
‘‘NOAA–NMFS–2012–0107’’ by any of
the following methods:
• Electronic submissions: Submit
electronic comments via the Federal
e-Rulemaking Portal: https://
www.regulations.gov. Follow the
‘‘Instructions’’ for submitting comments.
• Mail: Rich Malinowski, Southeast
Regional Office, NMFS, 263 13th
Avenue South, St. Petersburg, FL 33701.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information. NMFS will
accept anonymous comments (enter
N/A in the required field if you wish to
remain anonymous).
To submit comments through the
Federal e-Rulemaking Portal: https://
www.regulations.gov, enter ‘‘NOAA–
NMFS–2012–0107’’ in the search field
and click on ‘‘search.’’ After you locate
the document ‘‘Fisheries of the
Caribbean, Gulf of Mexico, and South
Atlantic; Reef Fish Fishery of the Gulf
of Mexico; Amendment 35,’’ click the
‘‘Submit a Comment’’ link in that row.
This will display the comment Web
form. You can then enter your submitter
SUMMARY:
E:\FR\FM\19JYP1.SGM
19JYP1
]]>Agencies
[Federal Register Volume 77, Number 139 (Thursday, July 19, 2012)]
[Proposed Rules]
[Pages 42470-42476]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17621]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2012-0229; A-1-FRL-9700-5]
Approval and Promulgation of Air Quality Implementation Plans;
New Hampshire; Determination of Attainment of the One-Hour Ozone
Standard for the Portsmouth-Dover-Rochester and Manchester Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is proposing to make four separate and independent
determinations for two areas in New Hampshire. First, with respect to
the
[[Page 42471]]
Portsmouth-Dover-Rochester, (Portsmouth) serious one-hour ozone
nonattainment area, EPA is proposing to determine that the area
attained the one-hour National Ambient Air Quality Standard (NAAQS) for
ozone, by the applicable deadline of November 15, 1999. Second, EPA is
proposing to determine that the Portsmouth area attained the one-hour
ozone standard in 1999, and continues to attain the standard. Third,
EPA is proposing to determine that the Manchester marginal one-hour
ozone nonattainment area attained the one-hour NAAQS, by the applicable
deadline of November 15, 1993. Fourth, EPA is proposing to determine,
that the Manchester area has attained the one-hour ozone standard since
1993, and continues to attain the standard.
DATES: Written comments must be received on or before August 20, 2012.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2012- 0229 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: arnold.anne@epa.gov.
3. Fax: (617) 918-0047.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2012-0229, ''
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2),
Boston, MA 02109-3912.
5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square, Suite 100, Boston, MA 02109-3912. Such deliveries
are only accepted during the Regional Office's normal hours of
operation. The Regional Office's official hours of business are Monday
through Friday, 8:30 to 4:30, excluding legal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2012- 0229. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA New England Regional Office, 5 Post Office
Square, Suite 100, Boston, MA. EPA requests that if at all possible,
you contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
legal holidays.
FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality
Planning Unit, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912, telephone number (617) 918-1664, fax number (617) 918-0664, email
Burkhart.Richard@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
The following outline is provided to aid in locating information in
this preamble:
I. What is EPA proposing?
II. What is the background for these proposed actions?
III. What is EPA's analysis of data for purposes of determining
attainment of the one-hour ozone standard?
A. How does EPA compute whether an area meets the one-hour ozone
standard?
B. EPA's Analysis of the One-Hour Ozone Data for the Portsmouth,
NH Serious One-Hour Ozone Nonattainment Area
C. EPA's Analysis of the One-Hour Ozone Data for the Manchester,
NH Marginal One-Hour Ozone Nonattainment Area
IV. What is the effect of the proposed determinations?
V. Proposed Determinations
VI. Statutory and Executive Order Reviews
I. What is EPA proposing?
EPA is proposing to determine that the Portsmouth, NH serious one-
hour ozone nonattainment area attained the one-hour ozone NAAQS by the
deadline of November 15, 1999. This proposed determination is based
upon complete, quality-assured and certified air quality monitoring
data for the 1997-1999 ozone seasons showing that the area had an
expected ozone exceedance rate below the level of the now revoked one-
hour ozone NAAQS during that period and therefore attained the standard
by its applicable deadline. EPA is also proposing to determine that the
Portsmouth, NH area is currently attaining the standard based on
complete, certified and quality-assured ozone monitoring data since
1999 and continues to attain the standard based on the most recent
three years of complete, quality-assured and certified ozone monitoring
data (2009-2011). If EPA finalizes its determination, that the area is
currently attaining the one-hour standard, in accordance with EPA's
interpretation under the Clean Data Policy, it will relieve the area of
the obligation to submit one-hour ozone contingency measures for
failure to attain.
In addition, EPA is proposing to determine that the Manchester, NH
marginal one-hour ozone nonattainment area attained the one-hour ozone
NAAQS by the applicable deadline of November 15, 1993. This proposed
determination is based upon complete, certified, quality-assured
ambient air quality monitoring data for the 1991-1993 ozone seasons
showing that the area had an expected ozone exceedance rate below the
level of the now revoked one-hour ozone NAAQS during that period, and
that the area attained the standard by its applicable deadline. EPA is
also proposing to determine that the Manchester, NH area has attained
the one-hour ozone standard since 1993, and continues to attain the
standard based on the most recent three years of
[[Page 42472]]
complete, quality-assured and certified ozone monitoring data (2009-
2011).
II. What is the background for these proposed actions?
EPA designated the Portsmouth, NH serious one-hour ozone
nonattainment area as nonattainment for the one-hour ozone standard
following the enactment of the Clean Air Act (CAA) Amendments of 1990.
Most areas of the country that EPA designated nonattainment for the
one-hour ozone NAAQS were classified by operation of law as marginal,
moderate, serious, severe, or extreme, depending on the severity of the
area's air quality problem. (See CAA sections 107(d)(1)(C) and 181(a).)
The Portsmouth, NH one-hour ozone nonattainment area was classified as
serious. The one-hour ozone attainment deadline for the area was
November 15, 1999. The Portsmouth, NH area has both an approved 15
Percent Reasonable Further Progress (RFP) plan and a Post-96 RFP plan.
(See 63 FR 67405, December 7, 1998; and 67 FR 18493, April 16, 2002.)
The area does not have an approved one-hour attainment demonstration,
or one-hour contingency measures, but if EPA finalizes its proposed
one-hour determinations, there would be no requirement for the
Portsmouth, NH area to submit or implement one-hour ozone contingency
measures for failure to attain the standard or for the Portsmouth, NH
area to submit or implement a one-hour attainment demonstration.
In addition, EPA designated the Manchester, NH one-hour ozone
nonattainment area as marginal for the one-hour ozone standard. The
one-hour ozone attainment deadline for this area was November 15, 1993.
Marginal areas had very few CAA requirements. For example one-hour
ozone marginal areas did not have to prepare or submit attainment
demonstrations, RFP or contingency measures. Table 1 lists the cities
and towns in the Portsmouth and Manchester, NH one-hour ozone
nonattainment areas. (See also 40 CFR 81.330.)
Table 1--List of Cities and Towns for the Portsmouth and Manchester, NH Areas
----------------------------------------------------------------------------------------------------------------
Area County Cities and towns included Classification
----------------------------------------------------------------------------------------------------------------
Manchester, NH Area............... Merrimack (all)...... Allenstown, Andover, Marginal.
Boscawen, Bow, Bradford,
Canterbury, Chichester,
Concord, Danbury,
Dunbarton, Epsom,
Franklin, Henniker, Hill,
Hooksett, Hopkinton,
Loudon, New London,
Newbury, Northfield,
Pembroke, Pittsfield,
Salisbury, Sutton,
Warner, Webster, Wilmot.
Hillsborough (part).. Antrim, Bedford, Marginal.
Bennington, Deering,
Francestown, Goffstown,
Greenfield, Greenville,
Hancock, Hillsborough,
Lyndeborough, Manchester,
Mason, New Boston, New
Ipswich, Petersborough,
Sharon, Temple, Weare,
Windsor.
Rockingham (part).... Auburn, Candia, Chester, Marginal.
Deerfield, Epping,
Fremont, Northwood,
Nottingham, Raymond.
Portsmouth, NH Area............... Rockingham (part).... Exeter, Greenland, Serious.
Hampton, New Castle,
Newfields, Newington,
Newmarket, North Hampton,
Portsmouth, Rye, Stratham.
Strafford (all)...... Barrington, Dover, Durham, Serious.
Farmington, Lee, Madbury,
Middleton, Milton, New
Durham, Rochester,
Rollinsford, Somersworth,
Strafford.
----------------------------------------------------------------------------------------------------------------
On July 18, 1997 (62 FR 38856), EPA promulgated for the first time
a new standard for ozone based on an 8-hour average concentration (the
``1997 8-hour ozone NAAQS''). EPA designated and classified most areas
of the country under the eight-hour ozone NAAQS in an April 30, 2004
final rule (69 FR 23858). EPA designated Southern New Hampshire as
nonattainment for the 1997 8-hour ozone NAAQS. This area is known as
the Boston-Manchester-Portsmouth (SE), NH area. At the time of eight-
hour designations, the Boston-Manchester-Portsmouth (SE), NH area did
not meet the one-hour ozone standard. The Boston-Manchester-Portsmouth
(SE), NH area is composed of portions of three separate one-hour ozone
nonattainment areas: (1) The Portsmouth, NH serious one-hour ozone
nonattainment area; (2) the Boston-Lawrence-Worcester, MA-NH one-hour
ozone nonattainment area; and (3) the Manchester, NH marginal one-hour
ozone nonattainment area. This proposed action concerns the Portsmouth,
NH serious one-hour ozone nonattainment area, and the Manchester, NH
marginal one-hour ozone nonattainment area. The Boston-Lawrence-
Worcester, MA-NH one-hour ozone nonattainment area, was the subject of
a previous Federal Register notice that determined the Boston-Lawrence-
Worcester, MA-NH one-hour ozone nonattainment area attained the one-
hour NAAQS by its attainment date (see 77 FR 31496, May 29, 2012).
On April 30, 2004, EPA issued a final rule (69 FR 23951) entitled
``Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality
Standard--Phase 1,'' referred to as the Phase 1 Rule. Among other
matters, this rule revoked the one-hour ozone NAAQS in most areas of
the country, effective June 15, 2005. (See 40 CFR 50.9(b); 69 FR at
23996; and 70 FR 44470, August 3, 2005.) The Phase 1 Rule also set
forth how anti-backsliding principles will ensure continued progress
toward attainment of the eight-hour ozone NAAQS by identifying which
one-hour requirements remain applicable in an area after revocation of
the one-hour ozone NAAQS. Although EPA revoked the one-hour ozone
standard (effective June 15, 2005), eight-hour ozone nonattainment
areas remain subject to certain one-hour anti-backsliding requirements
based on their one-hour ozone classification.\1\ The United States
Court of Appeals for the District of Columbia Circuit subsequently
determined that EPA should have retained certain additional measures as
one-hour ozone anti-backsliding requirements. These include one-hour
ozone contingency measures under section 172(c)(9), which are to be
implemented in the event an area fails to attain by its one-hour ozone
attainment date. South Coast Air Quality Management District v. EPA,
[[Page 42473]]
472 F.3d 882 (D.C. Cir. 2006) rehearing denied 489 F.3d 1245. EPA has
since added one-hour ozone contingency measures as an applicable
requirement in 40 CFR 51.900(o). (See 77 FR 28424, May 14, 2012).
---------------------------------------------------------------------------
\1\ Final Rule to Implement the 8-Hour Ozone National Ambient
Air Quality Standard--Phase 1, 69 FR 23951, April 30, 2004.
---------------------------------------------------------------------------
EPA is proposing two separate and independent determinations for
the Portsmouth, NH serious one-hour ozone nonattainment area. First,
EPA is proposing to determine that the area attained the one-hour ozone
standard by its attainment deadline, the end of the 1999 ozone season,
and second, that the area continues to attain that NAAQS. If EPA
finalizes its proposed determinations, there would be no requirement
for the Portsmouth, NH area to submit or implement one-hour ozone
contingency measures for failure to attain that standard.
In addition, EPA is proposing to determine that the Manchester, NH
marginal one-hour ozone nonattainment area attained the one-hour ozone
standard by its attainment date, the end of the 1993 ozone season, and
that the area continues to attain that NAAQS. Since the Manchester, NH
area is a marginal nonattainment area for the one-hour ozone standard,
the area has no CAA-required contingency measures for failure to attain
the one-hour NAAQS.
III. What is EPA's analysis of data for purposes of determining
attainment of the one-hour ozone standard?
A. How does EPA compute whether an area has attained the one-hour ozone
standard?
Although the one-hour ozone NAAQS as promulgated in 40 CFR 50.9
includes no discussion of specific data handling conventions, EPA's
publicly articulated position and the approach long since universally
adopted by the air quality management community is that the
interpretation of the one-hour ozone standard requires rounding ambient
air quality data consistent with the stated level of the standard,
which is 0.12 parts per million (ppm). 40 CFR 50.9(a) states that:
``The level of the national one-hour primary and secondary ambient air
quality standards for ozone * * * is 0.12 parts per million. * * * The
standard is attained when the expected number of days per calendar year
with maximum hourly average concentrations of 0.12 parts per million *
* * is equal to or less than 1, as determined by appendix H to this
part.'' Thus, compliance with the NAAQS is based on comparison of air
quality concentrations with the standard and on the number of days that
standard has been exceeded, adjusted for the number of missing days.
For comparison with the NAAQS, EPA has communicated the data
handling conventions for the one-hour ozone NAAQS in guidance
documents. As early as 1979, EPA issued guidance stating that the level
of our NAAQS dictates the number of significant figures to be used in
determining whether the standard was exceeded. The stated level of the
standard is taken as defining the number of significant figures to be
used in comparisons with the standard. For example, a standard level of
0.12 ppm means that measurements are to be rounded to two decimal
places (0.005 rounds up), and, therefore, 0.125 ppm is the smallest
concentration value in excess of the level of the standard. (See,
``Guideline for the Interpretation of Ozone Air Quality Standards,''
EPA-450/4-79-003, OAQPS No. 1.2-108, January 1979.) EPA has
consistently applied the rounding convention in this 1979 guideline.
See, 68 FR 19111, April 17, 2003; 68 FR 62043, October 31, 2003; and 69
FR 21719, April 22, 2004. Then, EPA determines attainment status under
the one-hour ozone NAAQS on the basis of the annual average number of
expected exceedances of the NAAQS over a three-year period. (See, 60 FR
3349, January 17, 1995 and ``General Preamble for the Implementation of
Title I of the Clean Air Act Amendments of 1990,'' at 57 FR 13506,
April 16, 1992 (``General Preamble'').) EPA's determination is based
upon data that have been collected and quality-assured in accordance
with 40 CFR part 58, and recorded in EPA's Air Quality System (AQS)
database. To account for missing data, the procedures found in appendix
H to 40 CFR part 50 are used to adjust the actual number of monitored
exceedances of the standard to yield the annual number of expected
exceedances (``expected exceedance days'') at an air quality monitoring
site. We determine if an area meets the one-hour ozone NAAQS by
calculating, at each monitor, the average expected number of days over
the standard per year (i.e., ``average number of expected exceedance
days'') during the applicable 3-year period. See, the General Preamble,
57 FR 13498, April 16, 1992. The term ``exceedance'' is used throughout
this document to describe a daily maximum ozone measurement that is
equal to or exceeds 0.125 ppm which is the level of the standard after
rounding. An area violates the ozone standard if, over a consecutive 3-
year period, more than 3 days of expected exceedances occur at the same
monitor. For more information please refer to 40 CFR 50.9 ``National
one-hour primary and secondary ambient air quality standards for
ozone'' and ``Interpretation of the one-hour Primary and Secondary
National Ambient Air Quality Standards for Ozone'' (40 CFR part 50,
appendix H).
B. EPA's Analysis of the One-Hour Ozone Data for the Portsmouth, NH
Serious One-Hour Ozone Nonattainment Area
Table 2 shows a summary of one-hour ozone data for all the ozone
monitors in the Portsmouth, NH serious one-hour ozone nonattainment
area for the period 1997-2011. In short, if the three-year average
expected exceedance rate, shown in the far right column, is less than
or equal to 1.0, the site meets the one-hour ozone NAAQS. If all sites
in the area are shown to meet the one-hour ozone NAAQS, it can be
determined that the area has attained the one-hour ozone NAAQS.
Table 2--Average Expected Exceedance Rate for the One-Hour Ozone Standard in the Portsmouth, NH Serious
Nonattainment Area for 1997-2011
----------------------------------------------------------------------------------------------------------------
Actual
exceedance days 3-Year average
AQS No. Site name Years over 0.124 ppm expected
ozone exceedance rate
----------------------------------------------------------------------------------------------------------------
33-015-0012........................ Rye-Harbor State Park 1997-1999 2 0.7
1998-2000 0 0.0
1999-2001 1 0.3
2000-2002 2 0.7
2001-2003 2 0.7
-----------------------------------------------------
Site relocated to Science Center
-----------------------------------------------------
[[Page 42474]]
33-015-0016........................ Rye-Seacoast Science 2003-2005 0 0.0
Center. 2004-2006 0 0.0
2005-2007 0 0.0
2006-2008 0 0.0
2007-2009 0 0.0
2008-2010 0 0.0
2009-2011 0 0.0
33-015-0013........................ Brentwood-South Road. 1998-2000 0 0.0
1999-2001 0 0.0
2000-2002 0 0.0
2001-2003 0 0.0
-----------------------------------------------------
Site Discontinued
-----------------------------------------------------
33-015-0009........................ Portsmouth-Vaughan 1997-1999 2 0.7
Street. 1998-2000 1 0.3
-----------------------------------------------------
Site relocated to Port Authority
-----------------------------------------------------
33-015-0015........................ Portsmouth-Port 2001-2003 2 0.7
Authority.
-----------------------------------------------------
Site relocated to Peirce Island
-----------------------------------------------------
33-015-0014........................ Portsmouth-Peirce 2003-2005 0 0.0
Island. 2004-2006 0 0.0
2005-2007 0 0.0
2006-2008 0 0.0
2007-2009 0 0.0
2008-2010 0 0.0
2009-2011 0 0.0
33-017-3002........................ Rochester-Rochester 1997-1999 1 0.3
Hill Road. 1998-2000 0 0.0
1999-2001 0 0.0
2000-2002 1 0.3
2001-2003 1 0.3
-----------------------------------------------------
Site Discontinued
----------------------------------------------------------------------------------------------------------------
As shown in Table 2, the Portsmouth, NH serious one-hour ozone
nonattainment area attained the one-hour ozone NAAQS at the end of the
1999 ozone season, since the three ozone monitors (Rye-Harbor State
Park, Portsmouth-Vaughan Street, and Rochester-Rochester Hill Road) had
expected exceedance rates below 1.0. Thus EPA is proposing to determine
that, based on the 1997-1999 complete, quality-assured and certified
ozone data in the Air Quality System (AQS) database, the Portsmouth, NH
serious one-hour ozone nonattainment area met the one-hour ozone NAAQS,
by the attainment deadline of November 15, 1999. EPA is also proposing
to determine that the area has remained in attainment of the one-hour
NAAQS ever since.
C. EPA's Analysis of the One-Hour Ozone Data for the Manchester, NH
Marginal One-Hour Ozone Nonattainment Area
Table 3 shows the results of one-hour ozone data for all the ozone
monitors in the Manchester, NH marginal one-hour ozone nonattainment
area for the period 1991-2011. In short, if the three-year average
expected exceedance rate, shown in the far right column, is less than
or equal to 1.0, the site meets the one-hour ozone NAAQS. If all sites
in the area are shown to meet the one-hour ozone NAAQS, it can be
determined that the area has attained the one-hour ozone NAAQS.
Table 3--Average Expected Exceedance Rate for the One-Hour Ozone Standard in the Manchester, NH Marginal One-
Hour Ozone Nonattainment Area for 1991-2011
----------------------------------------------------------------------------------------------------------------
Actual
exceedance days 3-Year expected
AQS No. Site name Years over 0.124 ppm exceedance rate
ozone
----------------------------------------------------------------------------------------------------------------
33-011-0016........................ Manchester-Hartnett 1991-1993 0 0.0
Park. 1992-1994 0 0.0
1993-1995 0 0.0
1994-1996 0 0.0
1995-1997 0 0.0
1996-1998 0 0.0
[[Page 42475]]
1997-1999 0 0.0
-----------------------------------------------------
Site relocated to Commercial Street
-----------------------------------------------------
33-011-0019........................ Manchester-North 1999-2000 0 *
Commercial Street.
-----------------------------------------------------
Site relocated to Pearl Street
-----------------------------------------------------
33-011-0020........................ Manchester-Pearl 2001-2003 0 0.0
Street. 2002-2004 0 0.0
2003-2005 0 0.0
2004-2006 0 0.0
2005-2007 0 0.0
2006-2008 0 0.0
2007-2009 0 0.0
2008-2010 0 0.0
33-013-0007........................ Concord-Storrs Street 1992-1993 0 *
1992-1994 0 0.0
1993-1995 0 0.0
1994-1996 0 0.0
1995-1997 0 0.0
1996-1998 0 0.0
1997-1999 0 0.0
1998-2000 0 0.0
1999-2001 1 0.3
2000-2002 1 0.3
2001-2003 1 0.3
-----------------------------------------------------
Site relocated to Hazen Drive
-----------------------------------------------------
33-013-1007........................ Concord-Hazen Drive.. 2004-2006 0 0.0
2005-2007 0 0.0
2006-2008 0 0.0
2007-2009 0 0.0
2008-2010 0 0.0
2009-2011 0 0.0
----------------------------------------------------------------------------------------------------------------
* Three year average expected exceedance rate cannot be calculated because the site has less than 3 years of
data. For this area the two sites with an asterisk both have no exceedances for the time period in question.
As shown in Table 3, the Manchester, NH marginal one-hour ozone
nonattainment area attained the one-hour ozone NAAQS at the end of the
1993 ozone season, since the one monitor (Manchester-Hartnett Park)
with three years of data had an expected exceedance rate below 1.0. The
other site (Concord-Storrs Street) began in 1992 and had no exceedance
in either 1992 or 1993. Thus, EPA is proposing to determine that, based
on the 1991-1993 complete, quality-assured and certified ozone data in
the AQS database, the Manchester, NH marginal one-hour ozone
nonattainment area met the one-hour ozone NAAQS, by its attainment
deadline of November 15, 1993. Based on data from 1993-2011, EPA
proposes to determine that the area has continued in attainment of the
one-hour NAAQS ever since.
IV. What is the effect of the proposed determinations?
If EPA finalizes its proposed determination that the Portsmouth and
Manchester, NH areas attained the one-hour ozone standard by their
respective deadlines, there are no consequences for failure to attain
that standard. For the Portsmouth, NH area, it would discharge any
obligation with respect to contingency measures triggered by a failure
to attain by the one-hour ozone attainment deadline. In addition, if
EPA finalizes its determination that the Portsmouth, NH one-hour ozone
area continues to attain the standard, under EPA's ``Clean Data
Policy'' interpretation, which was first articulated for the one-hour
standard and then codified for the eight-hour ozone standard (40 CFR
51.918), that determination suspends the Portsmouth, NH area's
obligation to submit attainment-related requirements for the one-hour
ozone standard, including contingency measures. See, for example,
determination of one-hour ozone attainment for Baton Rouge, (75 FR
6570, February 10, 2010).
V. Proposed Determinations
For the reasons set forth in this notice, EPA is proposing four
separate and independent determinations. First, EPA is proposing to
determine that the Portsmouth, NH serious one-hour ozone nonattainment
area met the applicable deadline of November 15, 1999, for attaining
the one-hour NAAQS for ozone, based on 1997-1999 complete, certified
and quality-assured ozone monitoring data. If EPA finalizes this
determination, it would discharge any obligation with respect to
contingency measures triggered by a failure to attain by the one-hour
ozone attainment deadline. Second, EPA is proposing to determine that
the Portsmouth, NH area is currently attaining the standard based on
complete, certified and quality-assured ozone monitoring data since
[[Page 42476]]
1999 and continues to attain the standard based on the most recent
three years of complete, quality assured ozone monitoring data. A final
determination, by EPA, that the area is currently attaining the one-
hour standard would relieve the area of its obligation to submit one-
hour ozone contingency measures. Third, EPA is proposing to determine
that the Manchester, NH marginal nonattainment area met the applicable
deadline of November 15, 1993, for attaining the one-hour NAAQS for
ozone. This proposed determination is based upon complete, certified,
quality-assured ambient air quality monitoring data for the 1991-1993
monitoring period showing that the area had an expected ozone
exceedance rate below the level of the now revoked one-hour ozone NAAQS
during that period and therefore attained the standard by its
applicable deadline. Fourth and last with respect to the Manchester, NH
area, EPA is proposing to determine, that the area has attained the
one-hour ozone standard since 1993, and continues to attain the
standard based on the most recent three years of complete, quality-
assured and certified ozone monitoring data.
EPA is soliciting public comments on the issues discussed in this
notice or on other relevant matters. EPA will consider these comments
before final action. Interested parties may participate in the Federal
rulemaking procedure by submitting written comments to the EPA New
England Regional Office listed in the ADDRESSES section of this Federal
Register.
VI. Statutory and Executive Order Reviews
This action proposes to make determinations of attainment based on
monitored air quality data, and/or does not impose additional
requirements beyond those imposed by state law. For that reason, these
proposed actions:
Are not ``significant regulatory actions'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, these actions do not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 28, 2012.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2012-17621 Filed 7-18-12; 8:45 am]
BILLING CODE 6560-50-P
