Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; New Hampshire; Redesignation of the Southern New Hampshire 1997 8-Hour Ozone Nonattainment Area, 6741-6743 [2013-00182]
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Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Rules and Regulations
In addition, this rule does 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 this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by April 1, 2013.
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, Sulfur oxides, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: December 19, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
tkelley on DSK3SPTVN1PROD with
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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Subpart F—California
2. Section 52.220 is amended by
adding paragraph(c)(404)(i)(D) to read as
follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(404) * * *
(i) * * *
(D) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4354, ‘‘Glass Melting
Furnaces,’’ amended on May 19, 2011.
*
*
*
*
*
[FR Doc. 2013–02015 Filed 1–30–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R01–OAR–2012–0290; FRL–9768–7]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; New Hampshire;
Redesignation of the Southern New
Hampshire 1997 8-Hour Ozone
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving: the State of
New Hampshire’s request to redesignate
the Boston-Manchester-Portsmouth (SE),
New Hampshire moderate 8-hour ozone
nonattainment area to attainment for the
1997 8-hour ozone National Ambient
Air Quality Standard (NAAQS); a State
Implementation Plan (SIP) revision
containing a 10-year ozone maintenance
plan for this area; a 2008 comprehensive
emissions inventory for the area; and
new motor vehicle emissions budgets
(MVEBs) for the years 2008 and 2022
that are contained in the 10-year ozone
maintenance plan for this area.
DATES: Effective Date: This rule is
effective on March 4, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2012–0290. 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
SUMMARY:
PO 00000
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6741
available either electronically through
www.regulations.gov or in hard copy at
the Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, One
Congress Street, Suite 1100, Boston,
MA. EPA requests that if at all possible,
you contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding legal holidays. Copies of the
documents relevant to this action are
also available for public inspection
during normal business hours, by
appointment at the State Air Agency:
Air Resources Division, Department of
Environmental Services, 6 Hazen Drive,
Concord, NH.
FOR FURTHER INFORMATION CONTACT:
Richard P. Burkhart, Air Quality
Planning Unit, U.S. Environmental
Protection Agency, EPA New England
Regional Office, One Congress Street,
Suite 1100 (CAQ), Boston, MA 02114–
2023, telephone number (617) 918–
1664, fax number (617) 918–0664, email
Burkhart.Richard@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Final Action
III. Statutory and Executive Orders
I. Background
On October 25, 2012 (77 FR 65151),
EPA published a notice of proposed
rulemaking (NPR) for the State of New
Hampshire. The NPR proposed approval
of New Hampshire’s request to
redesignate the Boston-ManchesterPortsmouth (SE), New Hampshire 1997
8-hour ozone nonattainment area
(hereafter, the ‘‘Southern NH’’ area) and
a SIP revision that establishes a
maintenance plan for this area. The
maintenance plan sets forth how the
area will maintain attainment of the
1997 8-hour ozone NAAQS for the next
10 years in accordance with Section
175A of the Clean Air Act (CAA). The
NPR also proposed approval of the
motor vehicle emission budgets
(MVEBs) associated with the
maintenance plan, as well as a 2008
comprehensive emission inventory for
the area. The New Hampshire
Department of Environmental Services
(NH DES) submitted the request to
redesignate the Southern NH area to
attainment of the 1997 8-hour ozone
standard on March 2, 2012, with a
supplement submitted on September 21,
2012. The specific details of New
Hampshire’s redesignation request,
175A maintenance plan, and MVEBs,
and the rationale for EPA’s proposed
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6742
Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with
approval are explained in the NPR and
will not be restated here. No public
comments were received on the NPR.
The NPR stated that EPA would act
on several outstanding issues before we
finalized approval of the redesignation
request and the associated maintenance
plan. All outstanding actions have been
completed. The final rulemaking notice
on the determinations of attainment for
the New Hampshire areas for the onehour ozone standard was published on
October 30, 2012 (77 FR 65625). The
approval of New Hampshire’s
Reasonably Available Control
Technology (RACT) Certification SIP for
the 1997 8-hour ozone standard was
published on November 5, 2012 (77 FR
66388). The approval of New
Hampshire’s SIP addressing EPA’s 2006,
2007, and 2008 Control Technique
Guidelines (CTGs) was published on
November 8, 2012 (77 FR 66921).
Finally, the approval of New
Hampshire’s Vehicle Inspection and
Maintenance (I/M) SIP was signed by
the Regional Administrator on
November 14, 2012 and forwarded for
publication in the Federal Register. A
copy of the signed approval of New
Hampshire’s I/M SIP is available in the
docket for this action. In addition,
preliminary 2012 ozone data available
for the area is well below the 1997
ozone NAAQS.
II. Final Action
EPA is approving the State of New
Hampshire’s March 2, 2012
(supplemented on September 21, 2012)
redesignation request and maintenance
plan for the Southern NH area, because
the requirements for approval have been
satisfied. EPA has evaluated New
Hampshire’s redesignation request, and
determined that it meets the
redesignation criteria set forth in section
107(d)(3)(E) of the Clean Air Act. EPA
believes that the redesignation request
and monitoring data demonstrate that
the area has attained the 1997 8-hour
ozone standard. The final approval of
this redesignation request will change
the designation of the Southern NH area
from nonattainment to attainment for
the 1997 8-hour ozone standard. EPA is
also approving the associated ozone
maintenance plan for this area,
submitted on March 2, 2012, and
supplemented on September 21, 2012,
as a revision to the New Hampshire SIP.
EPA is approving the ozone
maintenance plan for the area because it
meets the requirements of section 175A
of the CAA. In addition, EPA is also
withdrawing the previously SIPapproved 2009 MVEBs prepared with
the MOBILE6.2 model and approving
the 2008 and 2022 MVEBs prepared
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with the MOVES model that are
associated with the ozone maintenance
plan. Finally, EPA is approving the 2008
comprehensive emission inventory for
the Southern NH area under CAA
section 182(a)(1).
III. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. These actions do not impose
additional requirements beyond those
imposed by state law and the CAA. 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
Order 13132 (64 FR 43255, August 10,
1999);
• Are not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not a significant regulatory
action 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
PO 00000
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Fmt 4700
Sfmt 4700
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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because
redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on tribes, impact any
existing sources of air pollution on
tribal lands, nor impair the maintenance
of ozone national ambient air quality
standards in tribal lands.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 1, 2013. 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
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
E:\FR\FM\31JAR1.SGM
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6743
Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Rules and Regulations
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: December 27, 2012.
H. Curtis Spalding,
Regional Administrator, EPA New England.
40 CFR parts 52 and 81 are amended
as follows:
PART 52—[APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart EE—New Hampshire
2. Section 52.1534 is amended by
adding paragraph (i) to read as follows:
■
§ 52.1534
Control strategy: Ozone.
*
*
*
*
*
(i) Approval—EPA is approving a
redesignation request for the BostonManchester-Portsmouth (SE), New
Hampshire moderate 1997 8-hour ozone
nonattainment area. New Hampshire
submitted this request on March 2,
2012, and supplemented this submittal
on September 21, 2012. As part of the
redesignation request, the State
submitted a maintenance plan as
required by section 175A of the Clean
Air Act. Elements of the section 175
maintenance plan include a contingency
plan and an obligation to submit a
subsequent maintenance plan revision
as required by the Clean Air Act. The
ozone maintenance plan also establishes
2008 and 2022 Motor Vehicle Emission
Budgets (MVEBs) for the area. New
Hampshire is establishing 2008 MVEBs
of 17.8 tons per summer weekday
(tpswd) of VOC and 37.2 tpswd of NOX,
for the Boston-Manchester-Portsmouth
(SE), New Hampshire 1997 8-hour
ozone maintenance area. In addition,
New Hampshire is establishing MVEBs
for 2022 at 9.2 tpswd of VOC and 11.8
tpswd of NOX, for the same area. The
2008 and 2022 MVEBs were prepared
with the MOVES model. Previously SIPapproved 2009 MVEBs prepared with
MOBILE6.2 are being withdrawn.
Finally, EPA is also approving a
comprehensive 2008 emission inventory
for this area.
PART 81—[DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES]
3. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
4. Section 81.330 is amended by
revising the entry for the BostonManchester-Portsmouth (SE), in the
New Hampshire 1997 8-hour Ozone
NAAQS (Primary and Secondary) table
to read as follows:
■
§ 81.330
*
New Hampshire
*
*
*
*
NEW HAMPSHIRE—1997 8-HOUR OZONE NAAQS (PRIMARY AND SECONDARY)
Designation a
Category/Classification
Designated area
Date 1
Boston-Manchester-Portsmouth (SE), NH:
Hillsborough County (part) Amherst Town, Bedford Town, Brookline
Town, Goffstown Town, Hollis Town, Hudson Town, Litchfield Town,
Manchester City, Merrimack Town, Milford Town, Nashua City, Pelham
Town.
Merrimack County (part) Hooksett Town ....................................................
Rockingham County (part) Atkinson Town, Auburn Town, Brentwood
Town, Candia Town, Chester Town, Danville Town, Derry Town, E.
Kingston Town, Epping Town, Exeter Town, Fremont Town, Greenland
Town, Hampstead Town, Hampton Town, Hampton Falls Town, Kensington Town, Kingston Town, Londonderry Town, New Castle Town,
Newfields Town, Newington Town, Newmarket Town, Newton Town,
North Hampton Town, Plaistow Town, Portsmouth City, Raymond
Town, Rye Town, Salem Town, Sandown Town, Seabrook Town,
South Hampton Town, Stratham Town, Windham Town.
Strafford County (part) Dover City, Durham Town, Rochester City,
Rollinsford Town, and Somersworth City.
*
*
*
Date 1
Type
3/4/2013
Attainment
3/4/2013
3/4/2013
Attainment
Attainment
3/4/2013
Type
Attainment
*
*
*
*
a Includes
Indian country located in each county or area, except otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
*
*
*
*
*
[FR Doc. 2013–00182 Filed 1–30–13; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
BILLING CODE 6560–50–P
Federal Emergency Management
Agency
44 CFR Part 67
tkelley on DSK3SPTVN1PROD with
[Docket ID FEMA–2013–0002]
Final Flood Elevation Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
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Base (1% annual-chance)
Flood Elevations (BFEs) and modified
BFEs are made final for the
communities listed below. The BFEs
and modified BFEs are the basis for the
floodplain management measures that
each community is required either to
adopt or to show evidence of being
already in effect in order to qualify or
remain qualified for participation in the
National Flood Insurance Program
(NFIP).
SUMMARY:
The date of issuance of the Flood
Insurance Rate Map (FIRM) showing
DATES:
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]]>Agencies
[Federal Register Volume 78, Number 21 (Thursday, January 31, 2013)]
[Rules and Regulations]
[Pages 6741-6743]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00182]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R01-OAR-2012-0290; FRL-9768-7]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; New Hampshire;
Redesignation of the Southern New Hampshire 1997 8-Hour Ozone
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving: the State of New Hampshire's request to
redesignate the Boston-Manchester-Portsmouth (SE), New Hampshire
moderate 8-hour ozone nonattainment area to attainment for the 1997 8-
hour ozone National Ambient Air Quality Standard (NAAQS); a State
Implementation Plan (SIP) revision containing a 10-year ozone
maintenance plan for this area; a 2008 comprehensive emissions
inventory for the area; and new motor vehicle emissions budgets (MVEBs)
for the years 2008 and 2022 that are contained in the 10-year ozone
maintenance plan for this area.
DATES: Effective Date: This rule is effective on March 4, 2013.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2012-0290. 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 New England
Regional Office, One Congress Street, Suite 1100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding legal holidays. Copies of the documents
relevant to this action are also available for public inspection during
normal business hours, by appointment at the State Air Agency: Air
Resources Division, Department of Environmental Services, 6 Hazen
Drive, Concord, NH.
FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality
Planning Unit, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, Suite 1100 (CAQ), Boston, MA
02114-2023, telephone number (617) 918-1664, fax number (617) 918-0664,
email Burkhart.Richard@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Final Action
III. Statutory and Executive Orders
I. Background
On October 25, 2012 (77 FR 65151), EPA published a notice of
proposed rulemaking (NPR) for the State of New Hampshire. The NPR
proposed approval of New Hampshire's request to redesignate the Boston-
Manchester-Portsmouth (SE), New Hampshire 1997 8-hour ozone
nonattainment area (hereafter, the ``Southern NH'' area) and a SIP
revision that establishes a maintenance plan for this area. The
maintenance plan sets forth how the area will maintain attainment of
the 1997 8-hour ozone NAAQS for the next 10 years in accordance with
Section 175A of the Clean Air Act (CAA). The NPR also proposed approval
of the motor vehicle emission budgets (MVEBs) associated with the
maintenance plan, as well as a 2008 comprehensive emission inventory
for the area. The New Hampshire Department of Environmental Services
(NH DES) submitted the request to redesignate the Southern NH area to
attainment of the 1997 8-hour ozone standard on March 2, 2012, with a
supplement submitted on September 21, 2012. The specific details of New
Hampshire's redesignation request, 175A maintenance plan, and MVEBs,
and the rationale for EPA's proposed
[[Page 6742]]
approval are explained in the NPR and will not be restated here. No
public comments were received on the NPR.
The NPR stated that EPA would act on several outstanding issues
before we finalized approval of the redesignation request and the
associated maintenance plan. All outstanding actions have been
completed. The final rulemaking notice on the determinations of
attainment for the New Hampshire areas for the one-hour ozone standard
was published on October 30, 2012 (77 FR 65625). The approval of New
Hampshire's Reasonably Available Control Technology (RACT)
Certification SIP for the 1997 8-hour ozone standard was published on
November 5, 2012 (77 FR 66388). The approval of New Hampshire's SIP
addressing EPA's 2006, 2007, and 2008 Control Technique Guidelines
(CTGs) was published on November 8, 2012 (77 FR 66921). Finally, the
approval of New Hampshire's Vehicle Inspection and Maintenance (I/M)
SIP was signed by the Regional Administrator on November 14, 2012 and
forwarded for publication in the Federal Register. A copy of the signed
approval of New Hampshire's I/M SIP is available in the docket for this
action. In addition, preliminary 2012 ozone data available for the area
is well below the 1997 ozone NAAQS.
II. Final Action
EPA is approving the State of New Hampshire's March 2, 2012
(supplemented on September 21, 2012) redesignation request and
maintenance plan for the Southern NH area, because the requirements for
approval have been satisfied. EPA has evaluated New Hampshire's
redesignation request, and determined that it meets the redesignation
criteria set forth in section 107(d)(3)(E) of the Clean Air Act. EPA
believes that the redesignation request and monitoring data demonstrate
that the area has attained the 1997 8-hour ozone standard. The final
approval of this redesignation request will change the designation of
the Southern NH area from nonattainment to attainment for the 1997 8-
hour ozone standard. EPA is also approving the associated ozone
maintenance plan for this area, submitted on March 2, 2012, and
supplemented on September 21, 2012, as a revision to the New Hampshire
SIP. EPA is approving the ozone maintenance plan for the area because
it meets the requirements of section 175A of the CAA. In addition, EPA
is also withdrawing the previously SIP-approved 2009 MVEBs prepared
with the MOBILE6.2 model and approving the 2008 and 2022 MVEBs prepared
with the MOVES model that are associated with the ozone maintenance
plan. Finally, EPA is approving the 2008 comprehensive emission
inventory for the Southern NH area under CAA section 182(a)(1).
III. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
These actions do not impose additional requirements beyond those
imposed by state law and the CAA. 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 Order 13132 (64 FR 43255, August 10, 1999);
Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not a significant regulatory action 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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because redesignation is an action that affects the status of a
geographical area and does not impose any new regulatory requirements
on tribes, impact any existing sources of air pollution on tribal
lands, nor impair the maintenance of ozone national ambient air quality
standards in tribal lands.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 1, 2013. 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
[[Page 6743]]
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: December 27, 2012.
H. Curtis Spalding,
Regional Administrator, EPA New England.
40 CFR parts 52 and 81 are amended as follows:
PART 52--[APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart EE--New Hampshire
0
2. Section 52.1534 is amended by adding paragraph (i) to read as
follows:
Sec. 52.1534 Control strategy: Ozone.
* * * * *
(i) Approval--EPA is approving a redesignation request for the
Boston-Manchester-Portsmouth (SE), New Hampshire moderate 1997 8-hour
ozone nonattainment area. New Hampshire submitted this request on March
2, 2012, and supplemented this submittal on September 21, 2012. As part
of the redesignation request, the State submitted a maintenance plan as
required by section 175A of the Clean Air Act. Elements of the section
175 maintenance plan include a contingency plan and an obligation to
submit a subsequent maintenance plan revision as required by the Clean
Air Act. The ozone maintenance plan also establishes 2008 and 2022
Motor Vehicle Emission Budgets (MVEBs) for the area. New Hampshire is
establishing 2008 MVEBs of 17.8 tons per summer weekday (tpswd) of VOC
and 37.2 tpswd of NOX, for the Boston-Manchester-Portsmouth
(SE), New Hampshire 1997 8-hour ozone maintenance area. In addition,
New Hampshire is establishing MVEBs for 2022 at 9.2 tpswd of VOC and
11.8 tpswd of NOX, for the same area. The 2008 and 2022
MVEBs were prepared with the MOVES model. Previously SIP-approved 2009
MVEBs prepared with MOBILE6.2 are being withdrawn. Finally, EPA is also
approving a comprehensive 2008 emission inventory for this area.
PART 81--[DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES]
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. Section 81.330 is amended by revising the entry for the Boston-
Manchester-Portsmouth (SE), in the New Hampshire 1997 8-hour Ozone
NAAQS (Primary and Secondary) table to read as follows:
Sec. 81.330 New Hampshire
* * * * *
New Hampshire--1997 8-Hour Ozone NAAQS (Primary and Secondary)
----------------------------------------------------------------------------------------------------------------
Designation \a\ Category/Classification
Designated area -------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
Boston-Manchester-Portsmouth (SE), NH:
Hillsborough County (part) Amherst Town, 3/4/2013 Attainment
Bedford Town, Brookline Town, Goffstown
Town, Hollis Town, Hudson Town,
Litchfield Town, Manchester City,
Merrimack Town, Milford Town, Nashua
City, Pelham Town.
Merrimack County (part) Hooksett Town... 3/4/2013 Attainment
Rockingham County (part) Atkinson Town, 3/4/2013 Attainment
Auburn Town, Brentwood Town, Candia
Town, Chester Town, Danville Town,
Derry Town, E. Kingston Town, Epping
Town, Exeter Town, Fremont Town,
Greenland Town, Hampstead Town, Hampton
Town, Hampton Falls Town, Kensington
Town, Kingston Town, Londonderry Town,
New Castle Town, Newfields Town,
Newington Town, Newmarket Town, Newton
Town, North Hampton Town, Plaistow
Town, Portsmouth City, Raymond Town,
Rye Town, Salem Town, Sandown Town,
Seabrook Town, South Hampton Town,
Stratham Town, Windham Town.
Strafford County (part) Dover City, 3/4/2013 Attainment
Durham Town, Rochester City,
Rollinsford Town, and Somersworth City.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian country located in each county or area, except otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
* * * * *
[FR Doc. 2013-00182 Filed 1-30-13; 8:45 am]
BILLING CODE 6560-50-P
