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, 65625-65627 [2012-26524]
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Federal Register / Vol. 77, No. 210 / Tuesday, October 30, 2012 / Rules and Regulations
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have Tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does 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 action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
wreier-aviles on DSK7SPTVN1PROD with RULES
14. Environment
We have analyzed this 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 determined this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
establishing temporary security zone, as
described in paragraph 34(g) of the
Instruction that will be enforced for a
total of 8 hours. This rule is
categorically excluded, under figure 2–
1, paragraph (34)(g), of the Commandant
Instruction. An environmental analysis
checklist and categorical exclusion
determination supporting this
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
Dated: October 18, 2012.
S.L. Dickinson,
Captain, U.S. Coast Guard, Captain of the
Port.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[FR Doc. 2012–26604 Filed 10–29–12; 8:45 am]
1. The authority citation for part 165
continues to read as follows:
BILLING CODE 9110–04–P
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add a temporary § 165.T07–0922 to
read as follows:
■
§ 165.T07–0922 Security Zones; USCGC
WILLIAM FLORES Commissioning
Ceremony, Ybor Channel; Tampa, FL.
(a) Regulated Areas. The following
regulated area is a security zone: all
waters of Ybor Channel encompassed by
a 250-yard radius around USCGC
WILLIAM FLORES at Channelside
Cruise Terminal 3 in the Port of Tampa,
located in position 27°56.598′ N,
082°26.724′ W. All coordinates are
North American Datum 1983.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard boat coxswains, petty officers,
and other officers operating Coast Guard
vessels, and Federal, state, and local
officials designated by or assisting the
Captain of the Port St. Petersburg in the
enforcement of the regulated areas.
(c) Regulations. (1) All persons and
vessels desiring to enter or remain
within the regulated area may contact
the Captain of the Port St. Petersburg by
telephone at (727) 824–7524, or a
designated representative via VHF radio
on channel 16, to request authorization.
(2) If authorization to enter or remain
within the regulated area is granted by
the Captain of the Port St. Petersburg or
a designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port St. Petersburg or
a designated representative.
Recreational vessels authorized to enter
the regulated area may be subject to
boarding and inspection of the vessel
and persons onboard.
(3) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Effective date. This rule is
effective and will be enforced from 8
a.m. through 4 p.m. on November 3,
2012.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Approval and Promulgation of Air
Quality Implementation Plans; New
Hampshire; Determination of
Attainment of the One-Hour Ozone
Standard for the Portsmouth-DoverRochester and Manchester Areas
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The EPA is making four
separate and independent air quality
determinations for two areas in New
Hampshire. First, EPA is determining
that the Portsmouth-Dover-Rochester,
New Hampshire serious one-hour ozone
nonattainment area met the applicable
deadline of November 15, 1999, for
attaining the revoked one-hour National
Ambient Air Quality Standard (NAAQS)
for ozone. Second, EPA is determining
that the Portsmouth-Dover-Rochester
area has attained the one-hour ozone
standard since 1999, and continues to
attain the standard. Third, with respect
to the Manchester, New Hampshire
marginal one-hour ozone nonattainment
area, EPA is determining that the area
attained the one-hour ozone NAAQS by
the applicable deadline of November 15,
1993. Fourth, with respect to the
Manchester area, EPA is determining
that the area has attained the one-hour
ozone NAAQS since 1993, and
continues to attain the standard.
DATES: This rule is effective on
November 29, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2012–0229. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
SUMMARY:
E:\FR\FM\30OCR1.SGM
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Federal Register / Vol. 77, No. 210 / Tuesday, October 30, 2012 / Rules and Regulations
New England Regional Office, Office of
Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square—
Suite 100, Boston, MA. EPA requests
that if at all possible, you contact the
contact listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Richard P. Burkhart, Air Quality
Planning Unit, U.S. Environmental
Protection Agency, EPA New England
Regional Office, 5 Post Office Square,
Suite 100, Boston, MA 02109–3912,
telephone number (617) 918–1664, fax
number (617) 918–0664, email
Burkhart.Richard@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. What actions is EPA taking?
A. Portsmouth-Dover Rochester Area
B. Manchester Area
II. What is the effect of these actions?
III. Final Actions
IV. Statutory and Executive Order Reviews
wreier-aviles on DSK7SPTVN1PROD with RULES
I. What actions is EPA taking?
A. Portsmouth-Dover-Rochester Area
EPA is making two separate and
independent final determinations for
the Portsmouth-Dover-Rochester serious
one-hour ozone nonattainment area
(hereafter, ‘‘the Portsmouth area’’). EPA
is determining that the Portsmouth area
attained the revoked one-hour ozone
NAAQS by the applicable deadline of
November 15, 1999. This determination
is based upon complete, quality-assured
and certified air quality monitoring data
for the 1997–1999 ozone seasons
showing that the area had an expected
ozone exceedance rate below the level
of the now revoked one-hour ozone
NAAQS during that period and
therefore attained the standard by its
applicable deadline. EPA is also
determining that the Portsmouth area
has attained the standard based on
complete, certified and quality-assured
ozone monitoring data since 1999, and
that it continues to attain the standard
based on the most recent three years of
complete, quality-assured and certified
ozone monitoring data (2009–2011). In
addition, preliminary 2012 ozone data
show the area continues to attain.
B. Manchester Area
EPA is making two separate and
independent final determinations for
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the Manchester, NH marginal one-hour
ozone nonattainment area. EPA is
determining that the Manchester
marginal one-hour ozone nonattainment
area attained the one-hour ozone
NAAQS by the applicable deadline of
November 15, 1993. This determination
is based upon complete, certified,
quality-assured ambient air quality
monitoring data for the 1991–1993
ozone seasons showing that the area had
an expected ozone exceedance rate
below the level of the now revoked onehour ozone NAAQS during that period,
and therefore attained the standard by
its applicable deadline. EPA is also
determining that the Manchester area
has attained the one-hour ozone
standard since 1993, and continues to
attain the standard based on the most
recent three years of complete, qualityassured and certified ozone monitoring
data (2009–2011). In addition,
preliminary 2012 ozone data show the
area continues to attain.
Additional information related to
these determinations and the rationale
for them are set forth in the Notice of
Proposed Rulemaking (NPR) published
on July 19, 2012 (77 FR 42470) and will
not be restated here. EPA received no
comments on the NPR.
II. What is the effect of these actions?
After revocation of the one-hour
ozone standard, EPA must continue to
provide a mechanism to give effect to
the one-hour anti-backsliding
requirements. See SCAQMD v. EPA, 472
F.3d 882, at 903 (D.C. Cir. 2006). In
keeping with this responsibility, EPA
has determined that the PortsmouthDover-Rochester serious one-hour ozone
nonattainment area attained the onehour ozone standard by the area’s
applicable attainment date of November
15, 1999. In this context, EPA has also
determined that there are no additional
obligations under the revoked one-hour
ozone standard, including those relating
to one-hour ozone contingency
measures, for the Portsmouth-DoverRochester one-hour ozone
nonattainment area. EPA is also
determining that the Manchester area
attained the one-hour ozone standard by
the area’s applicable attainment date of
November 15, 1993. As a marginal area,
Manchester was not subject to any
requirement for contingency measures,
and EPA has determined that the area
has no additional obligations under the
revoked one-hour ozone standard.
III. Final Actions
EPA is making four separate and
independent determinations. First, EPA
is determining that the Portsmouth, NH
serious one-hour ozone nonattainment
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area met the applicable deadline of
November 15, 1999, for attaining the
one-hour NAAQS for ozone, based on
1997–1999 complete, certified and
quality-assured ozone monitoring data.
Second, EPA is determining that the
Portsmouth, NH area has attained the
standard based on complete, certified
and quality-assured ozone monitoring
data since 1999, and that it continues to
attain the standard based on the most
recent three years of complete, qualityassured ozone monitoring data. In
addition, preliminary 2012 ozone data
show the area continues to attain. Third,
EPA is determining that the Manchester,
NH marginal ozone nonattainment area
met the applicable deadline of
November 15, 1993, for attaining the
revoked one-hour ozone NAAQS. This
determination is based upon complete,
certified, quality-assured ambient air
quality monitoring data for the 1991–
1993 monitoring period showing that
the area had an expected ozone
exceedance rate below the level of the
now revoked one-hour ozone NAAQS
during that period and therefore
attained the standard by its applicable
deadline. Fourth, with respect to the
Manchester area, EPA is determining,
that the area has attained the one-hour
ozone standard since 1993, and
continues to attain the standard based
on the most recent three years of
complete, quality-assured and certified
ozone monitoring data. In addition,
preliminary 2012 ozone data show the
area continues to attain.
IV. Statutory and Executive Order
Reviews
These actions make determinations of
attainment based on air quality, and do
not impose additional requirements
beyond those imposed by state law. For
that reason, these actions:
• Are not ‘‘significant regulatory
actions’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Do not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Do not have Federalism
implications as specified in Executive
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Federal Register / Vol. 77, No. 210 / Tuesday, October 30, 2012 / Rules and Regulations
Order 13132 (64 FR 43255, August 10,
1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Do not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, these actions do not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing these actions and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 31,
2012. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
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enforce its requirements. (See section
307(b)(2).)
quality-assured ozone monitoring data
through 2011.
List of Subjects in 40 CFR Part 52
[FR Doc. 2012–26524 Filed 10–29–12; 8:45 am]
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: October 15, 2012.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Authority: 42 U.S.C. 7401 et seq.
Subpart EE—New Hampshire
2. Section 52.1534 is amended by
adding paragraphs (g) and (h) to read as
follows:
■
Control strategy: Ozone.
*
*
*
*
(g) Determination of Attainment.
Effective November 29, 2012, EPA is
determining that the Portsmouth-DoverRochester one-hour ozone
nonattainment area met the one-hour
ozone standard, by the area’s applicable
attainment date of November 15, 1999,
based on 1997–1999 complete, certified,
quality-assured ozone monitoring data
at all monitoring sites in the area.
Separate from and independent of this
determination, EPA is determining that
the Portsmouth-Dover-Rochester serious
one-hour ozone nonattainment area has
attained the one-hour ozone standard
since 1999 and continues to attain based
on complete, quality-assured data ozone
monitoring data through 2011.
(h) Determination of Attainment.
Effective November 29, 2012, EPA is
determining that the Manchester onehour ozone nonattainment area met the
one-hour ozone standard, by the area’s
applicable attainment date of November
15, 1993, based on 1991–1993 complete,
certified, quality-assured ozone
monitoring data at all monitoring sites
in the area. Separate from and
independent of this determination, EPA
is determining that the Manchester
marginal one-hour ozone nonattainment
area has attained the one-hour ozone
standard, since 1993, and that it
continues to attain based on complete
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40 CFR Part 52
[EPA–R03–OAR–2012–0169; FRL–9745–5]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Deferral for CO2 Emissions From
Bioenergy and other Biogenic Sources
Under the Prevention of Significant
Deterioration Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
1. The authority citation for part 52
continues to read as follows:
*
ENVIRONMENTAL PROTECTION
AGENCY
AGENCY:
■
§ 52.1534
BILLING CODE 6560–50–P
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Virginia Department of
Environmental Quality (VADEQ) on
December 14, 2011. This revision defers
until July 21, 2014 the application of the
Prevention of Significant Deterioration
(PSD) permitting requirements to
biogenic carbon dioxide (CO2) emissions
from bioenergy and other biogenic
stationary sources in the
Commonwealth of Virginia. This action
is being taken under the Clean Air Act
(CAA).
DATES: This final rule is effective on
November 29, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2012–0169. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT:
David Talley, (215) 814–2117, or by
email at talley.david@epa.gov.
SUMMARY:
E:\FR\FM\30OCR1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 210 (Tuesday, October 30, 2012)]
[Rules and Regulations]
[Pages 65625-65627]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26524]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
Approval and Promulgation of Air Quality Implementation Plans;
New Hampshire; Determination of Attainment of the One-Hour Ozone
Standard for the Portsmouth-Dover-Rochester and Manchester Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is making four separate and independent air quality
determinations for two areas in New Hampshire. First, EPA is
determining that the Portsmouth-Dover-Rochester, New Hampshire serious
one-hour ozone nonattainment area met the applicable deadline of
November 15, 1999, for attaining the revoked one-hour National Ambient
Air Quality Standard (NAAQS) for ozone. Second, EPA is determining that
the Portsmouth-Dover-Rochester area has attained the one-hour ozone
standard since 1999, and continues to attain the standard. Third, with
respect to the Manchester, New Hampshire marginal one-hour ozone
nonattainment area, EPA is determining that the area attained the one-
hour ozone NAAQS by the applicable deadline of November 15, 1993.
Fourth, with respect to the Manchester area, EPA is determining that
the area has attained the one-hour ozone NAAQS since 1993, and
continues to attain the standard.
DATES: This rule is effective on November 29, 2012.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2012-0229. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
www.regulations.gov or in hard copy at the Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA
[[Page 65626]]
New England Regional Office, Office of Ecosystem Protection, Air
Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality
Planning Unit, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912, telephone number (617) 918-1664, fax number (617) 918-0664, email
Burkhart.Richard@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. What actions is EPA taking?
A. Portsmouth-Dover Rochester Area
B. Manchester Area
II. What is the effect of these actions?
III. Final Actions
IV. Statutory and Executive Order Reviews
I. What actions is EPA taking?
A. Portsmouth-Dover-Rochester Area
EPA is making two separate and independent final determinations for
the Portsmouth-Dover-Rochester serious one-hour ozone nonattainment
area (hereafter, ``the Portsmouth area''). EPA is determining that the
Portsmouth area attained the revoked one-hour ozone NAAQS by the
applicable deadline of November 15, 1999. This determination is based
upon complete, quality-assured and certified air quality monitoring
data for the 1997-1999 ozone seasons showing that the area had an
expected ozone exceedance rate below the level of the now revoked one-
hour ozone NAAQS during that period and therefore attained the standard
by its applicable deadline. EPA is also determining that the Portsmouth
area has attained the standard based on complete, certified and
quality-assured ozone monitoring data since 1999, and that it continues
to attain the standard based on the most recent three years of
complete, quality-assured and certified ozone monitoring data (2009-
2011). In addition, preliminary 2012 ozone data show the area continues
to attain.
B. Manchester Area
EPA is making two separate and independent final determinations for
the Manchester, NH marginal one-hour ozone nonattainment area. EPA is
determining that the Manchester marginal one-hour ozone nonattainment
area attained the one-hour ozone NAAQS by the applicable deadline of
November 15, 1993. This determination is based upon complete,
certified, quality-assured ambient air quality monitoring data for the
1991-1993 ozone seasons showing that the area had an expected ozone
exceedance rate below the level of the now revoked one-hour ozone NAAQS
during that period, and therefore attained the standard by its
applicable deadline. EPA is also determining that the Manchester area
has attained the one-hour ozone standard since 1993, and continues to
attain the standard based on the most recent three years of complete,
quality-assured and certified ozone monitoring data (2009-2011). In
addition, preliminary 2012 ozone data show the area continues to
attain.
Additional information related to these determinations and the
rationale for them are set forth in the Notice of Proposed Rulemaking
(NPR) published on July 19, 2012 (77 FR 42470) and will not be restated
here. EPA received no comments on the NPR.
II. What is the effect of these actions?
After revocation of the one-hour ozone standard, EPA must continue
to provide a mechanism to give effect to the one-hour anti-backsliding
requirements. See SCAQMD v. EPA, 472 F.3d 882, at 903 (D.C. Cir. 2006).
In keeping with this responsibility, EPA has determined that the
Portsmouth-Dover-Rochester serious one-hour ozone nonattainment area
attained the one-hour ozone standard by the area's applicable
attainment date of November 15, 1999. In this context, EPA has also
determined that there are no additional obligations under the revoked
one-hour ozone standard, including those relating to one-hour ozone
contingency measures, for the Portsmouth-Dover-Rochester one-hour ozone
nonattainment area. EPA is also determining that the Manchester area
attained the one-hour ozone standard by the area's applicable
attainment date of November 15, 1993. As a marginal area, Manchester
was not subject to any requirement for contingency measures, and EPA
has determined that the area has no additional obligations under the
revoked one-hour ozone standard.
III. Final Actions
EPA is making four separate and independent determinations. First,
EPA is determining that the Portsmouth, NH serious one-hour ozone
nonattainment area met the applicable deadline of November 15, 1999,
for attaining the one-hour NAAQS for ozone, based on 1997-1999
complete, certified and quality-assured ozone monitoring data. Second,
EPA is determining that the Portsmouth, NH area has attained the
standard based on complete, certified and quality-assured ozone
monitoring data since 1999, and that it continues to attain the
standard based on the most recent three years of complete, quality-
assured ozone monitoring data. In addition, preliminary 2012 ozone data
show the area continues to attain. Third, EPA is determining that the
Manchester, NH marginal ozone nonattainment area met the applicable
deadline of November 15, 1993, for attaining the revoked one-hour ozone
NAAQS. This determination is based upon complete, certified, quality-
assured ambient air quality monitoring data for the 1991-1993
monitoring period showing that the area had an expected ozone
exceedance rate below the level of the now revoked one-hour ozone NAAQS
during that period and therefore attained the standard by its
applicable deadline. Fourth, with respect to the Manchester area, EPA
is determining, that the area has attained the one-hour ozone standard
since 1993, and continues to attain the standard based on the most
recent three years of complete, quality-assured and certified ozone
monitoring data. In addition, preliminary 2012 ozone data show the area
continues to attain.
IV. Statutory and Executive Order Reviews
These actions make determinations of attainment based on air
quality, and do not impose additional requirements beyond those imposed
by state law. For that reason, these actions:
Are not ``significant regulatory actions'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Do not have Federalism implications as specified in
Executive
[[Page 65627]]
Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, these actions do not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing these actions and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 31, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: October 15, 2012.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart EE--New Hampshire
0
2. Section 52.1534 is amended by adding paragraphs (g) and (h) to read
as follows:
Sec. 52.1534 Control strategy: Ozone.
* * * * *
(g) Determination of Attainment. Effective November 29, 2012, EPA
is determining that the Portsmouth-Dover-Rochester one-hour ozone
nonattainment area met the one-hour ozone standard, by the area's
applicable attainment date of November 15, 1999, based on 1997-1999
complete, certified, quality-assured ozone monitoring data at all
monitoring sites in the area. Separate from and independent of this
determination, EPA is determining that the Portsmouth-Dover-Rochester
serious one-hour ozone nonattainment area has attained the one-hour
ozone standard since 1999 and continues to attain based on complete,
quality-assured data ozone monitoring data through 2011.
(h) Determination of Attainment. Effective November 29, 2012, EPA
is determining that the Manchester one-hour ozone nonattainment area
met the one-hour ozone standard, by the area's applicable attainment
date of November 15, 1993, based on 1991-1993 complete, certified,
quality-assured ozone monitoring data at all monitoring sites in the
area. Separate from and independent of this determination, EPA is
determining that the Manchester marginal one-hour ozone nonattainment
area has attained the one-hour ozone standard, since 1993, and that it
continues to attain based on complete quality-assured ozone monitoring
data through 2011.
[FR Doc. 2012-26524 Filed 10-29-12; 8:45 am]
BILLING CODE 6560-50-P
