Approval and Promulgation of Air Quality Implementation Plans; New Hampshire; Manchester and Nashua Carbon Monoxide Limited Maintenance Plans, 13254-13256 [2014-04948]
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Federal Register / Vol. 79, No. 46 / Monday, March 10, 2014 / Rules and Regulations
Column 1
Column 2
Column 3
Description of charges
Rate ($)
Montreal to or from Lake Ontario
(5 locks)
Rate ($)
Welland Canal—Lake
Ontario to or from Lake Erie
(8 locks)
Item
5 ............
6 ............
7 ............
Under the New Business Initiative Program, for cargo accepted
as New Business, a percentage rebate on the applicable
cargo charges for the approved period.
Under the Volume Rebate Incentive program, a retroactive percentage rebate on cargo tolls on the incremental volume calculated based on the pre-approved maximum volume.
Under the New Service Incentive Program, for New Business
cargo moving under an approved new service, an additional
percentage refund on applicable cargo tolls above the New
Business rebate.
20%
20%
10%
10%
20%
20%
1 Or
under the US GRT for vessels prescribed prior to 2002.
applicable charge at the Saint Lawrence Seaway Development Corporation’s locks (Eisenhower, Snell) for pleasure craft is $30 U.S. or
$30 Canadian per lock. The collection of the U.S. portion of tolls for commercial vessels is waived by law (33 U.S.C. 988a(a)).
3 $5.00 discount per lock applicable on ticket purchased for Canadian locks via PayPal.
2 The
Issued at Washington, DC, on March 3,
2014.
Saint Lawrence Seaway Development
Corporation.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2014–04938 Filed 3–7–14; 8:45 am]
BILLING CODE 4910–61–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2012–0661; A–1–FRL–
9906–76-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: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving 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
will, for the length of their limited
maintenance plans, be considered to
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SUMMARY:
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satisfy the regional emissions analysis
and ‘‘budget test’’ requirements. This
action is being taken under the Clean
Air Act.
DATES: This rule is effective on April 9,
2014.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2012–0661. 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, 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 a.m. to
4:30 p.m., 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, 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
PO 00000
Frm 00066
Fmt 4700
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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. State Commitments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On December 24, 2013 (78 FR 77632),
EPA published a Notice of Proposed
Rulemaking (NPR) for the State of New
Hampshire, proposing approval of a SIP
revision submitted on August 1, 2012.
Specifically, EPA proposed 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 also proposed 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
sites in Manchester and Nashua if
elevated CO levels are recorded in
Londonderry.
Other specific requirements of the
limited maintenance plans for the City
of Manchester, New Hampshire and the
City of Nashua, New Hampshire, year-
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Federal Register / Vol. 79, No. 46 / Monday, March 10, 2014 / Rules and Regulations
pmangrum on DSK3VPTVN1PROD with RULES
round CO monitoring at the
Londonderry Moose Hill station in
Londonderry, New Hampshire, and the
rationale for EPA’s approval action are
explained in the NPR and will not be
restated here. No public comments were
received on the NPR.
II. State Commitments
New Hampshire will monitor CO
levels using the Londonderry Moose
Hill station and emissions inventories.
Because New Hampshire is
discontinuing monitoring CO in
Manchester, it has adopted a more
stringent contingency threshold or
‘‘trigger’’ than indicated in the
previously submitted and EPAapproved May 30, 2007 maintenance
plan SIP revision. See September 10,
2007; 72 FR 51564. 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, as committed
to in the August 1, 2012 SIP revision,
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.
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.
III. Final Action
EPA is approving conversion of the
Manchester and Nashua current carbon
monoxide maintenance plans to a
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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 also approving 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 sites in Manchester and
Nashua if elevated CO levels are
recorded in Londonderry.
IV. 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 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 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
PO 00000
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Fmt 4700
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13255
• 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.
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 May 9, 2014.
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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
H. Curtis Spalding
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
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13256
Federal Register / Vol. 79, No. 46 / Monday, March 10, 2014 / Rules and Regulations
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart EE—New Hampshire
2. Section 52.1528 is amended by
adding paragraph (e) to read as follows:
■
§ 52.1528 Control strategy: Carbon
monoxide.
*
*
*
*
*
(e) Approval—On August 1, 2012, the
New Hampshire Department of
Environmental Services submitted
modifications to the Manchester and
Nashua maintenance plans approved in
paragraph (b) and (c) respectively of this
section. The Manchester and Nashua
current carbon monoxide maintenance
plans are both converted to limited
maintenance plans for the remainder of
their second-ten year maintenance
periods which terminate on January 29,
2021. Future carbon monoxide
transportation conformity evaluations
for Manchester and Nashua will for the
length of their limited maintenance
plans be considered to satisfy the
regional emissions analysis and ‘‘budget
test’’ requirements. In addition, New
Hampshire will no longer conduct CO
monitoring in Manchester, New
Hampshire as addressed in paragraph
(d) of this section. The Manchester
monitoring site is replaced with 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.
[FR Doc. 2014–04948 Filed 3–7–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2011–0834; FRL–9907–57–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Colorado; Second Ten-Year PM10
Maintenance Plan for Pagosa Springs
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
The Environmental Protection
Agency (EPA) is taking final action
partially approving and partially
disapproving State Implementation Plan
(SIP) revisions submitted by the State of
SUMMARY:
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15:44 Mar 07, 2014
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Colorado. On March 31, 2010, the
Governor of Colorado’s designee
submitted to EPA a revised maintenance
plan for the Pagosa Springs area for the
National Ambient Air Quality Standards
(NAAQS) for particulate matter with an
aerodynamic diameter less than or equal
to 10 microns (PM10). The State adopted
the revised maintenance plan on
November 19, 2009. As required by
Clean Air Act (CAA) section 175A(b),
this revised maintenance plan addresses
maintenance of the PM10 standard for a
second 10-year period beyond the area’s
original redesignation to attainment for
the PM10 NAAQS. EPA is taking final
action approving the revised
maintenance plan with the exception of
one aspect of the plan’s contingency
measures. EPA’s approval includes the
revised maintenance plan’s 2021
transportation conformity motor vehicle
emissions budget (MVEB) for PM10. In
taking final action to approve the
revised maintenance plan, we are taking
final action to exclude from use in
determining whether or not Pagosa
Springs continues to attain the 24-hour
PM10 NAAQS, exceedances of the 24hour PM10 NAAQS that were recorded
at the Pagosa Springs PM10 monitor on
March 22, 2009, April 3, 2009, April 5,
2010, April 28, 2010, April 29, 2010,
May 11, 2010, and May 22, 2010
because the exceedances meet the
criteria for exceptional events caused by
high wind natural events. This action is
being taken under sections 110 and
175A of the CAA.
This final rule is effective April
9, 2014.
DATES:
EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2011–0834. 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,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. EPA requests that if at all
possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
ADDRESSES:
PO 00000
Frm 00068
Fmt 4700
Sfmt 4700
Friday, 8:00 a.m. to 4:00 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Kyle
Olson, Air Program, U.S. Environmental
Protection Agency, Region 8, Mailcode
8P–AR, 1595 Wynkoop Street, Denver,
Colorado 80202–1129, (303) 312–6002,
olson.kyle@epa.gov.
SUPPLEMENTARY INFORMATION:
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
i. The words or initials Act or CAA
mean or refer to the Clean Air Act,
unless the context indicates otherwise.
ii. The words Colorado and State
mean or refer to the State of Colorado.
iii. The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
iv. The initials MVEB mean or refer to
motor vehicle emissions budget.
v. The initials NAAQS mean or refer
to National Ambient Air Quality
Standard.
vi. The initials NPR mean or refer to
notice of proposed rulemaking.
vii. The initials PM10 mean or refer to
particulate matter with an aerodynamic
diameter of less than or equal to 10
micrometers (coarse particulate matter).
viii. The initials SIP mean or refer to
State Implementation Plan.
Table of Contents
I. Background
II. Final Action
III. Statutory and Executive Orders Review
I. Background
On December 27, 2013, we published
a notice of proposed rulemaking (NPR)
in which we proposed to partially
approve and partially disapprove the
revised Pagosa Springs PM10
Maintenance Plan that Colorado
submitted to us on March 31, 2010. (See
78 FR 78797.) We proposed to approve
the revised maintenance plan, with the
exception of one of its listed
contingency measures, because it
demonstrates maintenance through 2021
as required by CAA section 175A(b),
retains the control measures from the
initial PM10 maintenance plan that EPA
approved in June of 2001, and meets
other CAA requirements for a section
175A maintenance plan. We proposed
to disapprove ‘‘voluntary coal and/or
wood burning curtailment’’ as a
potential contingency measure in
section 5.F.3 of the revised Pagosa
Springs PM10 Maintenance Plan. While
we have not required that potential
contingency measures be effective
without further action by the state, we
interpret the CAA as requiring measures
E:\FR\FM\10MRR1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Rules and Regulations]
[Pages 13254-13256]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04948]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2012-0661; A-1-FRL-9906-76-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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving 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 will,
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: This rule is effective on April 9, 2014.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2012-0661. 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, 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
a.m. to 4:30 p.m., 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, 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
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. State Commitments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On December 24, 2013 (78 FR 77632), EPA published a Notice of
Proposed Rulemaking (NPR) for the State of New Hampshire, proposing
approval of a SIP revision submitted on August 1, 2012. Specifically,
EPA proposed 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 also proposed 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 sites in Manchester and Nashua if
elevated CO levels are recorded in Londonderry.
Other specific requirements of the limited maintenance plans for
the City of Manchester, New Hampshire and the City of Nashua, New
Hampshire, year-
[[Page 13255]]
round CO monitoring at the Londonderry Moose Hill station in
Londonderry, New Hampshire, and the rationale for EPA's approval action
are explained in the NPR and will not be restated here. No public
comments were received on the NPR.
II. State Commitments
New Hampshire will monitor CO levels using the Londonderry Moose
Hill station and emissions inventories. Because New Hampshire is
discontinuing monitoring CO in Manchester, it has adopted a more
stringent contingency threshold or ``trigger'' than indicated in the
previously submitted and EPA-approved May 30, 2007 maintenance plan SIP
revision. See September 10, 2007; 72 FR 51564. 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, as committed to in the August 1, 2012 SIP revision,
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.
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.
III. Final Action
EPA is approving 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 also approving 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 sites in Manchester and Nashua if elevated CO levels are
recorded in Londonderry.
IV. 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 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 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.
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 May 9, 2014. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
H. Curtis Spalding
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
[[Page 13256]]
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart EE--New Hampshire
0
2. Section 52.1528 is amended by adding paragraph (e) to read as
follows:
Sec. 52.1528 Control strategy: Carbon monoxide.
* * * * *
(e) Approval--On August 1, 2012, the New Hampshire Department of
Environmental Services submitted modifications to the Manchester and
Nashua maintenance plans approved in paragraph (b) and (c) respectively
of this section. The Manchester and Nashua current carbon monoxide
maintenance plans are both converted to limited maintenance plans for
the remainder of their second-ten year maintenance periods which
terminate on January 29, 2021. Future carbon monoxide transportation
conformity evaluations for Manchester and Nashua will for the length of
their limited maintenance plans be considered to satisfy the regional
emissions analysis and ``budget test'' requirements. In addition, New
Hampshire will no longer conduct CO monitoring in Manchester, New
Hampshire as addressed in paragraph (d) of this section. The Manchester
monitoring site is replaced with 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.
[FR Doc. 2014-04948 Filed 3-7-14; 8:45 am]
BILLING CODE 6560-50-P
