Approval and Promulgation of Air Quality Implementation Plans; New Hampshire; Manchester and Nashua Carbon Monoxide Limited Maintenance Plans, 77628-77632 [2013-30576]
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Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Proposed Rules
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is 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
• Does 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 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, Carbon monoxide,
Incorporation by reference,
Hydrocarbons, Intergovernmental
relations, Lead, Nitrogen oxides, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 16, 2013.
Ron Curry,
Regional Administrator, EPA Region 6.
[FR Doc. 2013–30729 Filed 12–23–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R01–OAR–2012–0661; A–1–FRL–
9904–44–Region–1]
Approval and Promulgation of Air
Quality Implementation Plans; New
Hampshire; Manchester and Nashua
Carbon Monoxide Limited Maintenance
Plans
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
SUMMARY:
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revision submitted by the State of New
Hampshire. This SIP revision
establishes carbon monoxide (CO)
limited maintenance plans for the City
of Manchester, New Hampshire and the
City of Nashua, New Hampshire. As part
of its limited maintenance plan, New
Hampshire will continue year-round CO
monitoring at the Londonderry Moose
Hill station in Londonderry, New
Hampshire with triggers to reestablish
CO monitoring sites in Manchester and
Nashua if elevated CO levels are
recorded in Londonderry. Future carbon
monoxide transportation conformity
evaluations for Manchester and Nashua
would for the length of their limited
maintenance plans be considered to
satisfy the regional emissions analysis
and ‘‘budget test’’ requirements. This
action is being taken under the Clean
Air Act.
DATES: Written comments must be
received on or before January 23, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R01–OAR–2012–0661 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–2012–0661,’’
Anne Arnold, U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 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,
U.S. Environmental Protection Agency,
EPA New England Regional Office,
Office of Ecosystem Protection, Air
Quality Planning Unit, 5 Post Office
Square—Suite 100, (mail code OEP05–
2), 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 Number EPA–R01–OAR–
2012–0661. 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
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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, 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.
In addition, copies of the state
submittal 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, P.O. Box 95, Concord,
NH 03302–0095.
FOR FURTHER INFORMATION CONTACT:
Donald O. Cooke, Air Quality Planning
Unit, U.S. Environmental Protection
Agency, EPA New England Regional
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Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Proposed Rules
Office, Office of Ecosystem Protection,
Air Quality Planning Unit, 5 Post Office
Square—Suite 100, (Mail code OEP05–
2), Boston, MA 02109–3912, telephone
number (617) 918–1668, fax number
(617) 918–0668, email cooke.donald@
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. Background and Purpose
II. Criteria for Limited Maintenance Plan
Designation
A. EPA Guidance
B. Emission Inventory
C. Demonstration of Maintenance
D. Monitoring Network and Verification of
Continued Attainment
III. Contingency Measures
IV. State Commitments
V. Conformity
VI. Proposed Action
VII. Statutory and Executive Order Reviews
I. Background and Purpose
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The City of Manchester, New
Hampshire (Manchester) and the City of
Nashua, New Hampshire (Nashua) were
designated nonattainment by EPA for
carbon monoxide on March 3, 1978 (43
FR 8962) and April 11, 1980 (45 FR
24869), respectively. The current
National Ambient Air Quality Standard
(NAAQS) for CO is 9.0 parts per million
(ppm) for an 8-hour average
concentration and 35 ppm for a 1-hour
concentration, not to be exceeded more
than once per calendar year. In 1991,
following passage of the Clean Air Act
Amendments of 1990 (CAA), both cities
were designated ‘‘nonattainment’’ and
‘‘not classified’’ (November 6, 1991; 56
FR 56694) although ambient monitoring
showed NAAQS attainment had been
achieved by that time. In February 1999,
the State of New Hampshire submitted
a formal CO redesignation request and
a CO maintenance plan for Manchester
and Nashua. Effective January 29, 2001
(November 29, 2000; 65 FR 71060), EPA
redesignated Manchester and Nashua
from nonattainment to attainment for
CO and approved New Hampshire’s CO
maintenance plan.
On May 30, 2007, the New Hampshire
Department of Environmental Services
(NH DES) submitted a SIP revision to
EPA that contained modifications to
their CO maintenance plan for the
Nashua CO maintenance area. These
modifications which were approved by
EPA through a direct final rule
(September 10, 2007; 72 FR 51564)
changed the triggering mechanism by
which contingency measures would be
implemented in Nashua, and allowed
the State to discontinue CO monitoring
in the Nashua maintenance area. New
Hampshire would rely on data from the
CO monitor in Manchester to determine
when, and if, monitoring would be
reestablished in the Nashua
maintenance area, and, in some
circumstances, when contingency
measures would be triggered in the
Nashua maintenance area. At the time of
the SIP revision approval, CO
concentrations measured in Nashua
were below the NAAQS for nearly 20
years, and maximum measured
concentrations were less than 50% of
the 9 parts per million 8-hour CO
standard.
On August 1, 2012, the NH DES
submitted a limited maintenance plan
SIP revision for the remainder of
Manchester and Nashua’s second tenyear maintenance plans (January 29,
2011 to January 29, 2021). The revision
also requests discontinuance of CO
monitoring in Manchester to be replaced
by a CO monitoring station in
Londonderry, New Hampshire (mid-way
between Manchester and Nashua).
These revisions are the subject of
today’s notice of proposed rulemaking.
Under the CO limited maintenance
plan New Hampshire would continue to
implement strategies that have helped
reduce CO emissions in Manchester and
Nashua. These strategies include: New
Hampshire’s Vehicle Inspection/
Maintenance On Board Diagnostic (OBD
II) program; Vehicle Miles Travel
reductions (implement congestion and
emission reduction programs such as
traffic signal coordination, increased
mass transit, RideShare, anti-idling and
other traffic mitigation measures); and
Low Emissions Vehicles Standards.
New Hampshire has also committed to
continuing CO monitoring in
Londonderry with triggers to reestablish
CO monitoring in Manchester and
Nashua. In the event monitored carbon
monoxide concentrations reach or
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exceed the limited maintenance
eligibility criteria of 7.65 parts per
million, then the area would revert to a
full maintenance plan.
II. Criteria for Limited Maintenance
Plan Designation
A. EPA Guidance
For the Manchester and Nashua areas,
NH DES’s SIP revision uses EPA’s
limited maintenance plan approach, as
detailed in the EPA guidance
memorandum, ‘‘Limited Maintenance
Plan Option for Nonclassifiable CO
Nonattainment Areas’’ from Joseph
Paisie, Group Leader, Integrated Policy
and Strategies Group, Office of Air
Quality and Planning Standards
(OAQPS), dated October 6, 1995, (the
Paisie Memorandum, [a copy of which
is included in the Docket as part of the
States’ SIP revision]). Pursuant to this
approach EPA will consider the
maintenance demonstration satisfied for
‘‘not classified’’ areas if the monitoring
data show the design value is at or
below 7.65 parts per million, or 85
percent of the level of the 8-hour carbon
monoxide NAAQS. The design value
must be based on eight consecutive
quarters of data. For such areas, there is
no requirement to project emissions of
air quality over the maintenance period.
EPA believes if the area begins the
maintenance period at, or below, 85
percent of the CO 8 hour NAAQS, the
applicability of ‘‘Prevention of
Significant Deterioration’’ (PSD), the
control measures already in the SIP, and
Federal measures (including the Federal
Motor Vehicle Control Program
emission standards, limiting CO
emissions), should provide adequate
assurance of maintenance over the
initial 10-year maintenance period. In
addition, the design value for the area
must continue to be at or below 7.65
ppm until the time of final EPA action
on the redesignation.
The 8-hour CO design values for each
of New Hampshire’s CO maintenance
areas are summarized in Table 1 below.
In all cases, 8-hour design values are
significantly less than the 7.65 ppm
threshold specified in EPA guidance,
thus making each area potentially
eligible for the limited maintenance
plan option.
TABLE 1—8-HOUR DESIGN VALUES (PPM) BY YEAR FOR MANCHESTER AND NASHUA
Manchester
Bridge Street
Year
2001 .............................................................................................................................................
2002 .............................................................................................................................................
2003 .............................................................................................................................................
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3.6
*
*
24DEP1
Manchester
Pearl Street
........................
2.0
3.4
Nashua
Main Street
4.1
4.0
4.0
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TABLE 1—8-HOUR DESIGN VALUES (PPM) BY YEAR FOR MANCHESTER AND NASHUA—Continued
Manchester
Bridge Street
Year
2004
2005
2006
2007
2008
2009
2010
2011
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
Manchester
Pearl Street
*
*
*
*
*
*
*
*
Nashua
Main Street
3.4
1.8
3.0
3.0
3.5
3.5
2.4
2.3
4.0
3.2
3.2
2.4
*
*
*
*
* Monitoring discontinued.
B. Emission Inventory
Nashua, sufficient to attain the NAAQS.
(See Table 2 below.) The State also
developed an attainment emissions
inventory identifying the level of
emissions statewide associated with
attaining and maintaining the CO
NAAQS. (See Table 3 below.) These
inventories are consistent with EPA’s
Consistent with EPA’s guidance for
limited maintenance plans, the State
developed an attainment emissions
inventory to identify the level of
emissions in Hillsborough County,
which includes Manchester and
most recent guidance on emissions
inventories for nonattainment areas
available at the time, and they
document a downward trend in CO
emissions during the time period
associated with the monitoring data
achieving attainment and continued
maintenance of the CO NAAQS.
TABLE 2—CO EMISSIONS FOR HILLSBOROUGH COUNTY, 1999–2008
CO emissions (tons per year)
Category
1999
2002
2005
2008
Point .................................................................................................................
Area .................................................................................................................
Non-Road Mobile .............................................................................................
On-Road Mobile ...............................................................................................
184
12,822
32,162
92,831
143
12,864
29,216
58,379
191
13,210
26,776
58,666
92
13,384
23,259
40,576
Total ..........................................................................................................
137,999
100,602
98,841
77,311
TABLE 3—CO EMISSIONS FOR NEW HAMPSHIRE (STATEWIDE), 1999–2008
CO emissions (tons per year)
Category
1999
2002
2005
2008
Point .................................................................................................................
Area .................................................................................................................
Non-Road Mobile .............................................................................................
On-Road Mobile ...............................................................................................
4,923
78,133
123,530
345,413
2,724
74,099
124,801
294,533
4,754
73,706
119,322
236,990
3,357
47,798
104,887
174,154
Total ..........................................................................................................
552,000
496,157
434,772
330,196
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C. Demonstration of Maintenance
The maintenance demonstration
requirement is considered to be satisfied
if the monitoring data show that the area
is meeting the air quality criteria for
limited maintenance areas (7.65 ppm or
85% of the CO NAAQS). There is no
requirement to project emissions over
the maintenance period. The EPA
believes since the area is below 85
percent of exceedance levels, the air
quality along with the continued
applicability of PSD requirements, any
control measures already in the SIP, and
Federal measures, should provide
adequate assurance of maintenance over
the remainder of the 10-year
maintenance period.
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When EPA approves a limited
maintenance plan, EPA is concluding
that an emissions budget may be treated
as essentially not constraining for the
length of the maintenance period
because it is unreasonable to expect that
such an area will experience so much
growth in that period that a violation of
the CO NAAQS would result.
D. Monitoring Network and Verification
of Continued Attainment
In its SIP revision, NH DES commits
to continue CO monitoring year-round
at the Londonderry Moose Hill station
in Londonderry. NH DES worked
closely with EPA to carefully select this
site due to its central proximity to
Manchester and Nashua. The
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Londonderry Moose Hill Station came
online on January 1, 2011 as a National
Core (NCore) multi-pollutant monitoring
station measuring a wide variety of
pollutants. The Londonderry station
measures fine particulate (PM2.5),
nitrogen oxides, ozone, sulfur dioxide
and carbon monoxide, in addition to
wind speed, wind direction, and
relative humidity.
III. Contingency Measures
Section 175A(d) of the Act requires
that a maintenance plan include
contingency provisions, as necessary, to
promptly correct any violation of the
NAAQS that occurs after redesignation
of the area. Under section 175A(d),
contingency measures do not have to be
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fully adopted at the time of
redesignation. However, the
contingency plan is considered to be an
enforceable part of the SIP and should
ensure that the contingency measures
are adopted expeditiously once they are
triggered by a specified event.
Previously implemented contingency
measures and emissions reductions
strategies in New Hampshire have
proven successful, and will be
continued through the maintenance
period. These include: Vehicle
Inspection/Maintenance (I/M); vehicle
miles traveled reductions; and other
emissions reduction programs.
Vehicle Inspection/Maintenance
(I/M)—EPA approved New Hampshire’s
I/M program on January 25, 2013 (78 FR
5292). In its CO maintenance plan SIP
revision, NH DES commits to continued
implementation of this program.
Vehicle Miles Traveled reductions—
In its CO maintenance plan SIP revision,
NH DES commits to continue working
with the NH Department of
Transportation and regional
Metropolitan Planning Organizations
(MPOs) to identify effective congestion
and emission reduction project and
programs such as traffic signal
coordination, increased mass transit,
RideShare, anti-idling and other traffic
management strategies.
Other emissions reductions
programs—NH DES and local MPOs are
actively promoting low emissions
vehicles and emissions reductions
strategies such as anti-idling programs
and park & ride lot construction as part
of their long range transportation plans.
IV. State Commitments
New Hampshire will monitor CO
levels using the Londonderry Moose
Hill station and emissions inventories.
Because New Hampshire proposes to
discontinue monitoring CO in
Manchester, it will adopt a more
stringent contingency threshold or
‘‘trigger’’ than indicated in the 2007 SIP
revision. In the event the second highest
CO concentration in any calendar year
monitored in Londonderry reaches 50
percent of the Federal 1-hour or 8-hour
NAAQS for CO, New Hampshire will,
within six months of recording such
concentrations, reestablish the CO
monitoring site in Manchester
consistent with EPA siting criteria, and
resume analyzing and reporting those
data. If the reestablished Manchester CO
monitor measures a violation of the
either the Federal 1-hour or 8-hour
NAAQS for CO, contingency measures
will be implemented in Manchester and
Nashua. Contingency measures in
Nashua would cease once a
reestablished CO monitor in Nashua
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shows that the area is in attainment of
the CO standard.
V. Conformity
Section 176(c) of the Act defines
transportation conformity as conformity
to the SIP’s purpose of eliminating or
reducing the severity and number of
violations of the NAAQS and achieving
expeditious attainment of such
standards. The Act further defines
transportation conformity to mean that
no Federal transportation activity will:
(1) Cause or contribute to any new
violation of any standard in any area; (2)
increase the frequency or severity of any
existing violation of any standard in any
area; or (3) delay timely attainment of
any standard or any required interim
emission reductions or other milestones
in any area. The Federal Transportation
Conformity Rule, 40 CFR part 93
subpart A, sets forth the criteria and
procedures for demonstrating and
assuring conformity of transportation
plans, programs and projects which are
developed, funded or approved by the
U.S. Department of Transportation, and
by metropolitan planning organizations
or other recipients of funds under title
23 U.S.C. or the Federal Transit Laws
(49 U.S.C. Chapter 53). The
transportation conformity rule applies
within all nonattainment and
maintenance areas. As prescribed by the
transportation conformity rule, once an
area has an applicable State
Implementation Plan with motor vehicle
emissions budgets, the expected
emissions from planned transportation
activities must be consistent with
(‘‘conform to’’) such established budgets
for that area.
According to EPA’s guidance on
limited maintenance plans, in the case
of the Manchester and Nashua New
Hampshire CO limited maintenance
plan areas, the emissions budgets may
be treated as essentially not constraining
for the length of the maintenance period
as long as the area continues to meet the
limited maintenance criteria, because
there is no reason to expect that these
areas will experience so much growth in
that period that a violation of the CO
NAAQS would result. In other words,
emissions from on-road transportation
sources need not be capped for the
maintenance period because it is
unreasonable to believe that emissions
from such sources would increase to a
level that would threaten the air quality
in this area for the duration of this
maintenance period. Therefore, for
limited maintenance plan CO
maintenance areas, all Federal actions
that require conformity determinations
under the transportation conformity rule
are considered to satisfy the regional
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emissions analysis and ‘‘budget test’’
requirements in 40 CFR 93.118 of the
rule.
Since limited maintenance plan areas
are still maintenance areas, however,
transportation conformity
determinations are still required for
transportation plans, programs and
projects. Specifically, for such
determinations, transportation plans,
transportation improvement programs,
and projects must still demonstrate that
they are fiscally constrained (40 CFR
part 108) and must meet the criteria for
consultation and Transportation Control
Measure (TCM) implementation in the
conformity rule (40 CFR 93.112 and 40
CFR 93.113, respectively). In addition,
projects in limited maintenance areas
will still be required to meet the criteria
for CO hot spot analyses to satisfy
‘‘project level’’ conformity
determinations (40 CFR 93.116 and 40
CFR 93.123) which must incorporate the
latest planning assumptions and models
that are available. All aspects of
transportation conformity (with the
exception of satisfying the emission
budget test) will still be required.
If the Manchester or Nashua CO
attainment areas monitor CO
concentrations at or above the limited
maintenance eligibility criteria or 7.65
parts per million, then that maintenance
area would no longer qualify for a
limited maintenance plan and would
revert to a full maintenance plan. In this
event, the limited maintenance plan
would remain applicable for conformity
purposes only until the full
maintenance plan is submitted and EPA
has found its motor vehicle emissions
budgets adequate for conformity
purposes or EPA approves the full
maintenance plan SIP revision. Any
required new conformity determinations
could not be made until there is an
adequate budget or approved full
maintenance plan. At that time, regional
emissions analyses would resume as a
transportation conformity criteria.
VI. Proposed Action
EPA is proposing to approve
conversion of the Manchester and
Nashua current carbon monoxide
maintenance plans to a limited
maintenance plan for the remainder of
the City of Manchester, and the City of
Nashua, New Hampshire CO
maintenance plans which terminate on
January 29, 2021.
EPA is proposing to approve
replacement of the CO air quality
monitoring in Manchester with carbon
monoxide monitoring at the
Londonderry Moose Hill station in
Londonderry, New Hampshire with
triggers to reestablish CO monitoring
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sites in Manchester and Nashua if
elevated CO levels are recorded in
Londonderry.
VII. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act 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 Clean Air Act.
Accordingly, this proposed action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is 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.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is 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
• does 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 the SIP is
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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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 10, 2013.
Michael P. Kenyon,
Acting Regional Administrator, EPA New
England.
[FR Doc. 2013–30576 Filed 12–23–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 54
[REG–143172–13]
RIN 1545–BL90
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
29 CFR Part 2590
RIN 1210–AB60
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[CMS–9946–P]
45 CFR Part 146
RIN 0938–AS16
Amendments to Excepted Benefits
Internal Revenue Service,
Department of the Treasury; Employee
Benefits Security Administration,
Department of Labor; Centers for
Medicare & Medicaid Services,
Department of Health and Human
Services.
ACTION: Proposed rules.
AGENCY:
This document contains
proposed rules that would amend the
regulations regarding excepted benefits
under the Employee Retirement Income
Security Act of 1974, the Internal
Revenue Code, and the Public Health
Service Act. Excepted benefits are
generally exempt from the health reform
SUMMARY:
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
requirements that were added to those
laws by the Health Insurance Portability
and Accountability Act and the Patient
Protection and Affordable Care Act.
DATES: Comments are due on or before
February 24, 2014.
ADDRESSES: Written comments may be
submitted to the Department of Labor as
specified below. Any comment that is
submitted will be shared with the other
Departments and will also be made
available to the public. Warning: Do not
include any personally identifiable
information (such as name, address, or
other contact information) or
confidential business information that
you do not want publicly disclosed. All
comments may be posted on the Internet
and can be retrieved by most Internet
search engines. No deletions,
modifications, or redactions will be
made to the comments received, as they
are public records. Comments may be
submitted anonymously.
Comments, identified by ‘‘Excepted
Benefits,’’ may be submitted by one of
the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Mail or Hand Delivery: Office of
Health Plan Standards and Compliance
Assistance, Employee Benefits Security
Administration, Room N–5653, U.S.
Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210,
Attention: Excepted Benefits.
Comments received will be posted
without change to www.regulations.gov
and available for public inspection at
the Public Disclosure Room, N–1513,
Employee Benefits Security
Administration, 200 Constitution
Avenue NW., Washington, DC 20210,
including any personal information
provided.
FOR FURTHER INFORMATION CONTACT:
Amy Turner or Beth Baum, Employee
Benefits Security Administration,
Department of Labor, at (202) 693–8335;
Karen Levin, Internal Revenue Service,
Department of the Treasury, at (202)
317–5500; Jacob Ackerman, Centers for
Medicare & Medicaid Services,
Department of Health and Human
Services, at (410) 786–1565.
Customer Service Information:
Individuals interested in obtaining
information from the Department of
Labor concerning employment-based
health coverage laws, may call the EBSA
Toll-Free Hotline at 1–866–444–EBSA
(3272) or visit the Department of Labor’s
Web site (https://www.dol.gov/ebsa). In
addition, information from HHS on
private health insurance for consumers
can be found on the Centers for
Medicare & Medicaid Services (CMS)
E:\FR\FM\24DEP1.SGM
24DEP1
]]>Agencies
[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Proposed Rules]
[Pages 77628-77632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30576]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2012-0661; A-1-FRL-9904-44-Region-1]
Approval and Promulgation of Air Quality Implementation Plans;
New Hampshire; Manchester and Nashua Carbon Monoxide Limited
Maintenance Plans
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of New Hampshire. This SIP revision establishes carbon monoxide
(CO) limited maintenance plans for the City of Manchester, New
Hampshire and the City of Nashua, New Hampshire. As part of its limited
maintenance plan, New Hampshire will continue year-round CO monitoring
at the Londonderry Moose Hill station in Londonderry, New Hampshire
with triggers to reestablish CO monitoring sites in Manchester and
Nashua if elevated CO levels are recorded in Londonderry. Future carbon
monoxide transportation conformity evaluations for Manchester and
Nashua would for the length of their limited maintenance plans be
considered to satisfy the regional emissions analysis and ``budget
test'' requirements. This action is being taken under the Clean Air
Act.
DATES: Written comments must be received on or before January 23, 2014.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2012-0661 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-2012-0661,''
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Quality Planning
Unit, 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, U.S. Environmental Protection
Agency, EPA New England Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100,
(mail code OEP05-2), 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 Number EPA-R01-OAR-
2012-0661. 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, 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.
In addition, copies of the state submittal 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, P.O. Box 95, Concord, NH 03302-0095.
FOR FURTHER INFORMATION CONTACT: Donald O. Cooke, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
[[Page 77629]]
Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5
Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912, telephone number (617) 918-1668, fax number (617) 918-0668, email
cooke.donald@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. Background and Purpose
II. Criteria for Limited Maintenance Plan Designation
A. EPA Guidance
B. Emission Inventory
C. Demonstration of Maintenance
D. Monitoring Network and Verification of Continued Attainment
III. Contingency Measures
IV. State Commitments
V. Conformity
VI. Proposed Action
VII. Statutory and Executive Order Reviews
I. Background and Purpose
The City of Manchester, New Hampshire (Manchester) and the City of
Nashua, New Hampshire (Nashua) were designated nonattainment by EPA for
carbon monoxide on March 3, 1978 (43 FR 8962) and April 11, 1980 (45 FR
24869), respectively. The current National Ambient Air Quality Standard
(NAAQS) for CO is 9.0 parts per million (ppm) for an 8-hour average
concentration and 35 ppm for a 1-hour concentration, not to be exceeded
more than once per calendar year. In 1991, following passage of the
Clean Air Act Amendments of 1990 (CAA), both cities were designated
``nonattainment'' and ``not classified'' (November 6, 1991; 56 FR
56694) although ambient monitoring showed NAAQS attainment had been
achieved by that time. In February 1999, the State of New Hampshire
submitted a formal CO redesignation request and a CO maintenance plan
for Manchester and Nashua. Effective January 29, 2001 (November 29,
2000; 65 FR 71060), EPA redesignated Manchester and Nashua from
nonattainment to attainment for CO and approved New Hampshire's CO
maintenance plan.
On May 30, 2007, the New Hampshire Department of Environmental
Services (NH DES) submitted a SIP revision to EPA that contained
modifications to their CO maintenance plan for the Nashua CO
maintenance area. These modifications which were approved by EPA
through a direct final rule (September 10, 2007; 72 FR 51564) changed
the triggering mechanism by which contingency measures would be
implemented in Nashua, and allowed the State to discontinue CO
monitoring in the Nashua maintenance area. New Hampshire would rely on
data from the CO monitor in Manchester to determine when, and if,
monitoring would be reestablished in the Nashua maintenance area, and,
in some circumstances, when contingency measures would be triggered in
the Nashua maintenance area. At the time of the SIP revision approval,
CO concentrations measured in Nashua were below the NAAQS for nearly 20
years, and maximum measured concentrations were less than 50% of the 9
parts per million 8-hour CO standard.
On August 1, 2012, the NH DES submitted a limited maintenance plan
SIP revision for the remainder of Manchester and Nashua's second ten-
year maintenance plans (January 29, 2011 to January 29, 2021). The
revision also requests discontinuance of CO monitoring in Manchester to
be replaced by a CO monitoring station in Londonderry, New Hampshire
(mid-way between Manchester and Nashua). These revisions are the
subject of today's notice of proposed rulemaking.
Under the CO limited maintenance plan New Hampshire would continue
to implement strategies that have helped reduce CO emissions in
Manchester and Nashua. These strategies include: New Hampshire's
Vehicle Inspection/Maintenance On Board Diagnostic (OBD II) program;
Vehicle Miles Travel reductions (implement congestion and emission
reduction programs such as traffic signal coordination, increased mass
transit, RideShare, anti-idling and other traffic mitigation measures);
and Low Emissions Vehicles Standards. New Hampshire has also committed
to continuing CO monitoring in Londonderry with triggers to reestablish
CO monitoring in Manchester and Nashua. In the event monitored carbon
monoxide concentrations reach or exceed the limited maintenance
eligibility criteria of 7.65 parts per million, then the area would
revert to a full maintenance plan.
II. Criteria for Limited Maintenance Plan Designation
A. EPA Guidance
For the Manchester and Nashua areas, NH DES's SIP revision uses
EPA's limited maintenance plan approach, as detailed in the EPA
guidance memorandum, ``Limited Maintenance Plan Option for
Nonclassifiable CO Nonattainment Areas'' from Joseph Paisie, Group
Leader, Integrated Policy and Strategies Group, Office of Air Quality
and Planning Standards (OAQPS), dated October 6, 1995, (the Paisie
Memorandum, [a copy of which is included in the Docket as part of the
States' SIP revision]). Pursuant to this approach EPA will consider the
maintenance demonstration satisfied for ``not classified'' areas if the
monitoring data show the design value is at or below 7.65 parts per
million, or 85 percent of the level of the 8-hour carbon monoxide
NAAQS. The design value must be based on eight consecutive quarters of
data. For such areas, there is no requirement to project emissions of
air quality over the maintenance period. EPA believes if the area
begins the maintenance period at, or below, 85 percent of the CO 8 hour
NAAQS, the applicability of ``Prevention of Significant Deterioration''
(PSD), the control measures already in the SIP, and Federal measures
(including the Federal Motor Vehicle Control Program emission
standards, limiting CO emissions), should provide adequate assurance of
maintenance over the initial 10-year maintenance period. In addition,
the design value for the area must continue to be at or below 7.65 ppm
until the time of final EPA action on the redesignation.
The 8-hour CO design values for each of New Hampshire's CO
maintenance areas are summarized in Table 1 below. In all cases, 8-hour
design values are significantly less than the 7.65 ppm threshold
specified in EPA guidance, thus making each area potentially eligible
for the limited maintenance plan option.
Table 1--8-hour Design Values (ppm) by Year for Manchester and Nashua
----------------------------------------------------------------------------------------------------------------
Manchester Manchester Nashua Main
Year Bridge Street Pearl Street Street
----------------------------------------------------------------------------------------------------------------
2001............................................................ 3.6 .............. 4.1
2002............................................................ * 2.0 4.0
2003............................................................ * 3.4 4.0
[[Page 77630]]
2004............................................................ * 3.4 4.0
2005............................................................ * 1.8 3.2
2006............................................................ * 3.0 3.2
2007............................................................ * 3.0 2.4
2008............................................................ * 3.5 *
2009............................................................ * 3.5 *
2010............................................................ * 2.4 *
2011............................................................ * 2.3 *
----------------------------------------------------------------------------------------------------------------
* Monitoring discontinued.
B. Emission Inventory
Consistent with EPA's guidance for limited maintenance plans, the
State developed an attainment emissions inventory to identify the level
of emissions in Hillsborough County, which includes Manchester and
Nashua, sufficient to attain the NAAQS. (See Table 2 below.) The State
also developed an attainment emissions inventory identifying the level
of emissions statewide associated with attaining and maintaining the CO
NAAQS. (See Table 3 below.) These inventories are consistent with EPA's
most recent guidance on emissions inventories for nonattainment areas
available at the time, and they document a downward trend in CO
emissions during the time period associated with the monitoring data
achieving attainment and continued maintenance of the CO NAAQS.
Table 2--CO Emissions for Hillsborough County, 1999-2008
----------------------------------------------------------------------------------------------------------------
CO emissions (tons per year)
Category ---------------------------------------------------------------
1999 2002 2005 2008
----------------------------------------------------------------------------------------------------------------
Point........................................... 184 143 191 92
Area............................................ 12,822 12,864 13,210 13,384
Non-Road Mobile................................. 32,162 29,216 26,776 23,259
On-Road Mobile.................................. 92,831 58,379 58,666 40,576
---------------------------------------------------------------
Total....................................... 137,999 100,602 98,841 77,311
----------------------------------------------------------------------------------------------------------------
Table 3--CO Emissions for New Hampshire (Statewide), 1999-2008
----------------------------------------------------------------------------------------------------------------
CO emissions (tons per year)
Category ---------------------------------------------------------------
1999 2002 2005 2008
----------------------------------------------------------------------------------------------------------------
Point........................................... 4,923 2,724 4,754 3,357
Area............................................ 78,133 74,099 73,706 47,798
Non-Road Mobile................................. 123,530 124,801 119,322 104,887
On-Road Mobile.................................. 345,413 294,533 236,990 174,154
---------------------------------------------------------------
Total....................................... 552,000 496,157 434,772 330,196
----------------------------------------------------------------------------------------------------------------
C. Demonstration of Maintenance
The maintenance demonstration requirement is considered to be
satisfied if the monitoring data show that the area is meeting the air
quality criteria for limited maintenance areas (7.65 ppm or 85% of the
CO NAAQS). There is no requirement to project emissions over the
maintenance period. The EPA believes since the area is below 85 percent
of exceedance levels, the air quality along with the continued
applicability of PSD requirements, any control measures already in the
SIP, and Federal measures, should provide adequate assurance of
maintenance over the remainder of the 10-year maintenance period.
When EPA approves a limited maintenance plan, EPA is concluding
that an emissions budget may be treated as essentially not constraining
for the length of the maintenance period because it is unreasonable to
expect that such an area will experience so much growth in that period
that a violation of the CO NAAQS would result.
D. Monitoring Network and Verification of Continued Attainment
In its SIP revision, NH DES commits to continue CO monitoring year-
round at the Londonderry Moose Hill station in Londonderry. NH DES
worked closely with EPA to carefully select this site due to its
central proximity to Manchester and Nashua. The Londonderry Moose Hill
Station came online on January 1, 2011 as a National Core (NCore)
multi-pollutant monitoring station measuring a wide variety of
pollutants. The Londonderry station measures fine particulate
(PM2.5), nitrogen oxides, ozone, sulfur dioxide and carbon
monoxide, in addition to wind speed, wind direction, and relative
humidity.
III. Contingency Measures
Section 175A(d) of the Act requires that a maintenance plan include
contingency provisions, as necessary, to promptly correct any violation
of the NAAQS that occurs after redesignation of the area. Under section
175A(d), contingency measures do not have to be
[[Page 77631]]
fully adopted at the time of redesignation. However, the contingency
plan is considered to be an enforceable part of the SIP and should
ensure that the contingency measures are adopted expeditiously once
they are triggered by a specified event. Previously implemented
contingency measures and emissions reductions strategies in New
Hampshire have proven successful, and will be continued through the
maintenance period. These include: Vehicle Inspection/Maintenance (I/
M); vehicle miles traveled reductions; and other emissions reduction
programs.
Vehicle Inspection/Maintenance (I/M)--EPA approved New Hampshire's
I/M program on January 25, 2013 (78 FR 5292). In its CO maintenance
plan SIP revision, NH DES commits to continued implementation of this
program.
Vehicle Miles Traveled reductions--In its CO maintenance plan SIP
revision, NH DES commits to continue working with the NH Department of
Transportation and regional Metropolitan Planning Organizations (MPOs)
to identify effective congestion and emission reduction project and
programs such as traffic signal coordination, increased mass transit,
RideShare, anti-idling and other traffic management strategies.
Other emissions reductions programs--NH DES and local MPOs are
actively promoting low emissions vehicles and emissions reductions
strategies such as anti-idling programs and park & ride lot
construction as part of their long range transportation plans.
IV. State Commitments
New Hampshire will monitor CO levels using the Londonderry Moose
Hill station and emissions inventories. Because New Hampshire proposes
to discontinue monitoring CO in Manchester, it will adopt a more
stringent contingency threshold or ``trigger'' than indicated in the
2007 SIP revision. In the event the second highest CO concentration in
any calendar year monitored in Londonderry reaches 50 percent of the
Federal 1-hour or 8-hour NAAQS for CO, New Hampshire will, within six
months of recording such concentrations, reestablish the CO monitoring
site in Manchester consistent with EPA siting criteria, and resume
analyzing and reporting those data. If the reestablished Manchester CO
monitor measures a violation of the either the Federal 1-hour or 8-hour
NAAQS for CO, contingency measures will be implemented in Manchester
and Nashua. Contingency measures in Nashua would cease once a
reestablished CO monitor in Nashua shows that the area is in attainment
of the CO standard.
V. Conformity
Section 176(c) of the Act defines transportation conformity as
conformity to the SIP's purpose of eliminating or reducing the severity
and number of violations of the NAAQS and achieving expeditious
attainment of such standards. The Act further defines transportation
conformity to mean that no Federal transportation activity will: (1)
Cause or contribute to any new violation of any standard in any area;
(2) increase the frequency or severity of any existing violation of any
standard in any area; or (3) delay timely attainment of any standard or
any required interim emission reductions or other milestones in any
area. The Federal Transportation Conformity Rule, 40 CFR part 93
subpart A, sets forth the criteria and procedures for demonstrating and
assuring conformity of transportation plans, programs and projects
which are developed, funded or approved by the U.S. Department of
Transportation, and by metropolitan planning organizations or other
recipients of funds under title 23 U.S.C. or the Federal Transit Laws
(49 U.S.C. Chapter 53). The transportation conformity rule applies
within all nonattainment and maintenance areas. As prescribed by the
transportation conformity rule, once an area has an applicable State
Implementation Plan with motor vehicle emissions budgets, the expected
emissions from planned transportation activities must be consistent
with (``conform to'') such established budgets for that area.
According to EPA's guidance on limited maintenance plans, in the
case of the Manchester and Nashua New Hampshire CO limited maintenance
plan areas, the emissions budgets may be treated as essentially not
constraining for the length of the maintenance period as long as the
area continues to meet the limited maintenance criteria, because there
is no reason to expect that these areas will experience so much growth
in that period that a violation of the CO NAAQS would result. In other
words, emissions from on-road transportation sources need not be capped
for the maintenance period because it is unreasonable to believe that
emissions from such sources would increase to a level that would
threaten the air quality in this area for the duration of this
maintenance period. Therefore, for limited maintenance plan CO
maintenance areas, all Federal actions that require conformity
determinations under the transportation conformity rule are considered
to satisfy the regional emissions analysis and ``budget test''
requirements in 40 CFR 93.118 of the rule.
Since limited maintenance plan areas are still maintenance areas,
however, transportation conformity determinations are still required
for transportation plans, programs and projects. Specifically, for such
determinations, transportation plans, transportation improvement
programs, and projects must still demonstrate that they are fiscally
constrained (40 CFR part 108) and must meet the criteria for
consultation and Transportation Control Measure (TCM) implementation in
the conformity rule (40 CFR 93.112 and 40 CFR 93.113, respectively). In
addition, projects in limited maintenance areas will still be required
to meet the criteria for CO hot spot analyses to satisfy ``project
level'' conformity determinations (40 CFR 93.116 and 40 CFR 93.123)
which must incorporate the latest planning assumptions and models that
are available. All aspects of transportation conformity (with the
exception of satisfying the emission budget test) will still be
required.
If the Manchester or Nashua CO attainment areas monitor CO
concentrations at or above the limited maintenance eligibility criteria
or 7.65 parts per million, then that maintenance area would no longer
qualify for a limited maintenance plan and would revert to a full
maintenance plan. In this event, the limited maintenance plan would
remain applicable for conformity purposes only until the full
maintenance plan is submitted and EPA has found its motor vehicle
emissions budgets adequate for conformity purposes or EPA approves the
full maintenance plan SIP revision. Any required new conformity
determinations could not be made until there is an adequate budget or
approved full maintenance plan. At that time, regional emissions
analyses would resume as a transportation conformity criteria.
VI. Proposed Action
EPA is proposing to approve conversion of the Manchester and Nashua
current carbon monoxide maintenance plans to a limited maintenance plan
for the remainder of the City of Manchester, and the City of Nashua,
New Hampshire CO maintenance plans which terminate on January 29, 2021.
EPA is proposing to approve replacement of the CO air quality
monitoring in Manchester with carbon monoxide monitoring at the
Londonderry Moose Hill station in Londonderry, New Hampshire with
triggers to reestablish CO monitoring
[[Page 77632]]
sites in Manchester and Nashua if elevated CO levels are recorded in
Londonderry.
VII. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is 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.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is 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
does 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 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 10, 2013.
Michael P. Kenyon,
Acting Regional Administrator, EPA New England.
[FR Doc. 2013-30576 Filed 12-23-13; 8:45 am]
BILLING CODE 6560-50-P
