Air Plan Approval; New Hampshire; Boston-Manchester-Portsmouth Area Second 10-Year Limited Maintenance Plan for 1997 Ozone NAAQS, 11373-11379 [2022-04118]
Download as PDF
<![CDATA[
Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Proposed Rules
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
2. Add § 165.T01.0026 to read as
follows:
■
jspears on DSK121TN23PROD with PROPOSALS1
(a) Location. The following area is a
safety zone: All navigable waters of the
Upper New York Harbor, NY within a
100 yard radius of each participating
swimmer during the Lady Liberty
Sharkfest Swim.
(b) Definitions. As used in this
section, Designated Representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port New York (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, no person or vessel may enter
the safety zone described in paragraph
(a) of this section unless authorized by
the COTP or the COTP’s designated
representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative via VHF channel 16 or by
phone at (718) 354–4353 (Sector New
York Command Center). Those in the
safety zone must comply with all lawful
orders or directions given to them by the
COTP or the COTP’s designated
representative.
(d) Enforcement period. This section
will be enforced from 7 a.m. through 10
a.m. on July 16, 2022.
(e) Information broadcasts. The COTP
or a designated representative will
inform the public through Broadcast
Notice to Mariners of any changes in the
planned schedule.
BILLING CODE 9110–04–P
VerDate Sep<11>2014
18:06 Feb 28, 2022
Jkt 256001
RIN 0596–AD44
Land Uses; Special Uses; Annual
Programmatic Administrative Fee for
Communications Use Authorizations;
Reopening of Comment Period
Forest Service, Agriculture
(USDA).
ACTION: Proposed rule; reopening of
comment period.
AGENCY:
§ 165. T01–0026 Safety Zone; Lady Liberty
Sharkfest Swim, Upper New York Bay,
Liberty Island, NY
[FR Doc. 2022–04279 Filed 2–28–22; 8:45 am]
Forest Service
36 CFR Part 251
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.2.
Dated: February 15, 2022.
Z. Merchant,
Captain, U.S. Coast Guard, Captain of the
Port New York.
DEPARTMENT OF AGRICULTURE
The Forest Service (Agency),
U.S. Department of Agriculture,
published a proposed rule in the
Federal Register on December 22, 2021,
initiating a 60-day comment period on
the proposed rule to amend existing
regulations to charge a statutorily
required annual programmatic
administrative fee for new and existing
communications use authorizations to
cover the costs of administering the
Agency’s communications use program.
The comment period for the original
document closed February 22, 2022.
The Agency is reopening the comment
period for an additional 30 days from
the date of publication of this
document.
SUMMARY:
The comment period for the
proposed rule published at 86 FR 72540
on December 22, 2021, is reopened.
Comments must be received in writing
by March 31, 2022.
ADDRESSES: Comments may be
submitted via one of the following
methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for sending comments.
2. Mail: Director, Lands & Realty
Management Staff, 201 14th Street SW,
Washington, DC 20250–1124.
3. Hand Delivery: Director, Lands &
Realty Management Staff, 1st Floor
Southeast, 201 14th Street SW,
Washington, DC 20250–1124.
All timely comments, including
names and addresses when provided,
will be placed in the record and will be
available for public inspection and
copying. The public may review
comments at the Office of the Director,
Lands & Realty Management, 1st Floor
Southeast, Sidney R. Yates Federal
Building, 201 14th Street SW,
Washington, DC, during normal
business hours. Visitors are encouraged
to call ahead at 202–205–3563 to
facilitate entry into the building.
FOR FURTHER INFORMATION CONTACT: Joey
Perry, Lands & Realty Management
DATES:
PO 00000
Frm 00048
Fmt 4702
Sfmt 4702
11373
Staff, 530–251–3286, joey.perry@
usda.gov. Individuals who use
telecommunication devices for the deaf
and hard of hearing (TDD) may call the
Federal Relay Service (FRS) at 1–800–
877–8339, 24 hours per day, every day
of the year, including holidays.
SUPPLEMENTARY INFORMATION: The
proposed rule would amend existing
regulations to charge a statutorily
required annual programmatic
administrative fee for new and existing
communications use authorizations to
cover the costs of administering the
Agency’s communications use program.
To provide further opportunity for the
public to comment, the Agency is
reopening the comment period on the
proposed rule for an additional 30 days.
The proposed rule can be found at
https://www.federalregister.gov/
documents/2021/12/22/2021-27681/
land-uses-special-uses-annualprogrammatic-administrative-fee-forcommunications-use-authorizations.
After the comment period closes, the
Forest Service will consider timely and
relevant comments in the development
of the final rule.
Dated: February 24, 2022.
Meryl Harrell,
Deputy Under Secretary, Natural Resources
& Environment.
[FR Doc. 2022–04254 Filed 2–24–22; 11:15 am]
BILLING CODE 3411–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2021–0672; FRL–9558–01–
R1]
Air Plan Approval; New Hampshire;
Boston-Manchester-Portsmouth Area
Second 10-Year Limited Maintenance
Plan for 1997 Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Clean Air Act
(CAA), the Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the State of New
Hampshire. On July 29, 2021, the State
submitted its 1997 ozone national
ambient air quality standards (NAAQS)
Limited Maintenance Plan (LMP) for the
Boston-Manchester-Portsmouth
(Portsmouth) area. EPA is proposing to
approve the Portsmouth area LMP
because it provides for the maintenance
of the 1997 ozone NAAQS through the
end of the second 10-year portion of the
SUMMARY:
E:\FR\FM\01MRP1.SGM
01MRP1
jspears on DSK121TN23PROD with PROPOSALS1
11374
Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Proposed Rules
maintenance period. The effect of this
action will be to make certain
commitments related to maintenance of
the 1997 ozone NAAQS in the
Portsmouth maintenance area part of the
New Hampshire SIP and therefore
federally enforceable.
DATES: Written comments must be
received on or before March 31, 2022.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR at https://www.regulations.gov, or
via email to rackauskas.eric@epa.gov.
For comments submitted at
Regulations.gov, follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
For either manner of submission, the
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e. on the web,
cloud, or other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. Publicly
available docket materials are available
at https://www.regulations.gov or at the
U.S. Environmental Protection Agency,
EPA Region 1 Regional Office, Air and
Radiation Division, 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 and
facility closures due to COVID–19.
FOR FURTHER INFORMATION CONTACT: Eric
Rackauskas, Air Quality Branch, U.S.
Environmental Protection Agency, EPA
Region 1, 5 Post Office Square—Suite
100, (Mail code 05–2), Boston, MA
02109—3912, tel. (617) 918–1628, email
rackauskas.eric@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
VerDate Sep<11>2014
18:06 Feb 28, 2022
Jkt 256001
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Summary of EPA’s Action
II. Background
III. New Hampshire’s SIP Submittal
IV. EPA’s Evaluation of New Hampshire’s SIP
Submittal
A. Procedural Requirements
B. Substantive Requirements
1. Attainment Emissions Inventory
2. Maintenance Demonstration
a. Evaluation of ozone air quality levels.
b. Stability of ozone levels.
3. Monitoring Network and Verification of
Continued Attainment
4. Contingency Plan
V. Transportation Conformity
VI. Proposed Action and Public Comment
VII. Statutory and Executive Order Reviews
I. Summary of EPA’s Action
Under the CAA, EPA is proposing to
approve a Limited Maintenance Plan
(LMP) for the Boston-ManchesterPortsmouth (Portsmouth) maintenance
area for the 1997 ozone NAAQS,
submitted as a revision to the New
Hampshire State Implementation Plan
(SIP) on July 29, 2021. The Portsmouth
area 8-hour ozone nonattainment area
includes 52 cities and towns with a
combined population of 729,071 in
Hillsborough, Merrimack, Rockingham
and Strafford counties, in the
southeastern-most portion of the state.
On June 15, 2004, the Portsmouth area
was designated as nonattainment for the
1997 ozone NAAQS. On March 4, 2013,
the area was redesignated to attainment
with that standard.
The Portsmouth area’s LMP for the
1997 ozone NAAQS submitted by the
New Hampshire Department of
Environmental Services (DES) is
designed to maintain the 1997 ozone
NAAQS within these areas through the
end of the second ten-year period of the
maintenance period. We are proposing
to approve the plan because it meets all
applicable requirements under CAA
sections 110 and 175A.
II. Background
Ground-level ozone is formed when
oxides of nitrogen (NOX) and volatile
organic compounds (VOC) react in the
presence of sunlight. These two
pollutants, referred to as ozone
precursors, are emitted by many types of
pollution sources, including on- and offroad motor vehicles and engines, power
plants and industrial facilities, and
smaller area sources such as lawn and
garden equipment and paints. Scientific
evidence indicates that adverse public
health effects occur following exposure
to ozone, particularly in children and
adults with lung disease. Breathing air
containing ozone can reduce lung
PO 00000
Frm 00049
Fmt 4702
Sfmt 4702
function and inflame airways, which
can increase respiratory symptoms and
aggravate asthma or other lung diseases.
Ozone exposure also has been
associated with increased susceptibility
to respiratory infections, medication
use, doctor and emergency department
visits and hospital admissions for
individuals with lung disease. Ozone
exposure also increases the risk of
premature death from heart or lung
disease. Children are at increased risk
from exposure to ozone because their
lungs are still developing and they are
more likely to be active outdoors, which
increases their exposure.1
In 1979, under section 109 of the
CAA, EPA established primary and
secondary NAAQS for ozone at 0.12
parts per million (ppm), averaged over
a 1-hour period. 44 FR 8202 (February
8, 1979). On July 18, 1997, EPA revised
the primary and secondary NAAQS for
ozone to set the acceptable level of
ozone in the ambient air at 0.08 ppm,
averaged over an 8-hour period. 62 FR
38856 (July 18, 1997).2 The EPA set the
8-hour ozone NAAQS based on
scientific evidence demonstrating that
ozone causes adverse health effects at
lower concentrations and over longer
periods of time than was understood
when the pre-existing 1-hour ozone
NAAQS was set. EPA determined that
the 8-hour standard would be more
protective of human health, especially
for children and adults who are active
outdoors, and individuals with a
preexisting respiratory disease, such as
asthma.
Following promulgation of a new or
revised NAAQS, EPA is required by the
CAA to designate areas throughout the
nation as attaining or not attaining the
NAAQS. On April 15, 2004, EPA
designated the Southeast New
Hampshire area as nonattainment for
the 1997 ozone NAAQS, and the
designations became effective on June
15, 2004. Under the CAA, states are also
required to adopt and submit SIPs to
implement, maintain, and enforce the
NAAQS in designated nonattainment
areas and throughout the state.
When a nonattainment area has three
years of complete, certified air quality
data that has been determined to attain
the 1997 ozone NAAQS, and the area
1 See ‘‘Fact Sheet, Proposal to Revise the National
Ambient Air Quality Standards for Ozone,’’ January
6, 2010 and 75 FR 2938 (January 19, 2010).
2 In March 2008, EPA completed another review
of the primary and secondary ozone standards and
tightened them further by lowering the level for
both to 0.075 ppm. 73 FR 16436 (March 27, 2008).
Additionally, in October 2015, EPA completed a
review of the primary and secondary ozone
standards and tightened them by lowering the level
for both to 0.70 ppm. 80 FR 65292 (October 26,
2015).
E:\FR\FM\01MRP1.SGM
01MRP1
Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Proposed Rules
jspears on DSK121TN23PROD with PROPOSALS1
has met other required criteria described
in section 107(d)(3)(E) of the CAA, the
state can submit to the EPA a request to
be redesignated to attainment, referred
to as a ‘‘maintenance area’’.3 One of the
criteria for redesignation is to have an
approved maintenance plan under CAA
section 175A. The maintenance plan
must demonstrate that the area will
continue to maintain the standard for
the period extending 10 years after
redesignation and must contain such
additional measures as necessary to
ensure maintenance and such
contingency provisions as necessary to
assure that violations of the standard
will be promptly corrected. At the end
of the eighth year after the effective date
of the redesignation, the state must also
submit a second maintenance plan to
ensure ongoing maintenance of the
standard for an additional ten years.
CAA section 175A.
EPA has published long-standing
guidance for states on developing
maintenance plans.4 The Calcagni
memo provides that states may
generally demonstrate maintenance by
either performing air quality modeling
to show that the future mix of sources
and emission rates will not cause a
violation of the NAAQS or by showing
that future emissions of a pollutant and
its precursors will not exceed the level
of emissions during a year when the
area was attaining the NAAQS (i.e.,
attainment year inventory). EPA
clarified in three subsequent guidance
memoranda that certain nonattainment
areas could meet the CAA section 175A
requirement to provide for maintenance
by demonstrating that the area’s design
value 5 was well below the NAAQS and
that the historical stability of the area’s
air quality levels showed that the area
was unlikely to violate the NAAQS in
the future.6 EPA refers to this
3 Section 107(d)(3)(E) of the CAA sets out the
requirements for redesignation. They include
attainment of the NAAQS, full approval under
section 110(k) of the applicable SIP, determination
that improvement in air quality is a result of
permanent and enforceable reductions in emissions,
demonstration that the state has met all section 110
and part D requirements, and a fully approved
maintenance plan under CAA section 175A.
4 Calcagni, John, Director, Air Quality
Management Division, EPA Office of Air Quality
Planning and Standards, ‘‘Procedures for Processing
Requests to Redesignate Areas to Attainment,’’
September 4, 1992 (Calcagni memo).
5 The ozone design value for a monitoring site is
the 3-year average of the annual fourth-highest daily
maximum 8-hour average ozone concentrations.
The design value for an ozone nonattainment area
is the highest design value of any monitoring site
in the area.
6 See ‘‘Limited Maintenance Plan Option for
Nonclassifiable Ozone Nonattainment Areas’’ from
Sally L. Shaver, Office of Air Quality Planning and
Standards (OAQPS), dated November 16, 1994;
‘‘Limited Maintenance Plan Option for
VerDate Sep<11>2014
18:06 Feb 28, 2022
Jkt 256001
streamlined demonstration of
maintenance as a Limited Maintenance
Plan (LMP). EPA has interpreted CAA
section 175A as permitting this option
because section 175A of the Act defines
few specific content requirements for
maintenance plans, and in EPA’s
experience implementing the various
NAAQS, areas that qualify for an LMP,
that have an approved LMP, have rarely,
if ever, experienced subsequent
violations of the NAAQS. As noted in
the LMP guidance memoranda, states
seeking an LMP must still submit the
other maintenance plan elements
outlined in the Calcagni memo,
including: An attainment emissions
inventory, provisions for the continued
operation of the ambient air quality
monitoring network, verification of
continued attainment, and a
contingency plan in the event of a future
violation of the NAAQS. Moreover,
states seeking an LMP must still submit
their section 175A maintenance plan as
a revision to their state implementation
plan, with all attendant notice and
comment procedures.
While the LMP guidance memoranda
were originally written with respect to
certain NAAQS,7 EPA has extended the
LMP interpretation of section 175A to
other NAAQS and pollutants not
specifically covered by the previous
guidance memos.8 In this case, EPA is
proposing to approve New Hampshire’s
LMP because the State has made a
showing, consistent with EPA’s prior
LMP guidance, that the area’s ozone
concentrations are well below the 1997
ozone NAAQS and have been
historically stable. New Hampshire DES
has submitted this LMP for the
Southeast New Hampshire 1997 ozone
NAAQS areas to fulfill the second
maintenance plan requirement in the
Act. Our evaluation of the Southeast
New Hampshire area 1997 ozone
NAAQS LMP is presented below.
On March 2, 2012, New Hampshire
DES submitted to EPA a request to
redesignate the Portsmouth
nonattainment areas to attainment for
the 1997 ozone NAAQS. New
Hampshire DES also provided EPA with
Nonclassifiable CO Nonattainment Areas’’ from
Joseph Paisie, OAQPS, dated October 6, 1995; and
‘‘Limited Maintenance Plan Option for Moderate
PM10 Nonattainment Areas’’ from Lydia Wegman,
OAQPS, dated August 9, 2001. Copies of these
guidance memoranda can be found in the docket for
this proposed rulemaking.
7 The prior memoranda addressed: unclassifiable
areas under the 1-hour ozone NAAQS,
nonattainment areas for the PM10 (particulate matter
with an aerodynamic diameter less than 10
microns) NAAQS, and nonattainment areas for the
carbon monoxide NAAQS.
8 See, e.g., 79 FR 41900 (July 18, 2014) (Approval
of second ten-year LMP for Grant County 1971 SO2
maintenance area).
PO 00000
Frm 00050
Fmt 4702
Sfmt 4702
11375
additional information on September
21, 2012. This submittal included a plan
to provide for maintenance of the 1997
ozone NAAQS in the Portsmouth
nonattainment area through 2012 as a
revision to the New Hampshire SIP.
EPA approved the maintenance plan for
the Portsmouth nonattainment area and
the State’s request to redesignate the
Portsmouth nonattainment area to
attainment for the 1997 ozone NAAQS
on January 31, 2013 (78 FR 6741).
In conjunction with our approval of
the Portsmouth nonattainment areas
1997 ozone Maintenance Plan covering
the first 10-year maintenance period, we
approved various regulatory provisions
adopted by the State providing for the
continued implementation of the
control measures relied upon for
attainment, and for the authority for
state agencies to implement contingency
measures should the area violate the
standard again during this period.
Under CAA section 175A(b), states
must submit a revision to the first
maintenance plan eight years after
redesignation to provide for
maintenance of the NAAQS for ten
additional years following the end of the
first 10-year period. EPA’s final
implementation rule for the 2008 ozone
NAAQS revoked the 1997 ozone
NAAQS and stated that one
consequence of revocation was that
areas that had been redesignated to
attainment (i.e., maintenance areas) for
the 1997 standard no longer needed to
submit second 10-year maintenance
plans under CAA section 175A(b).9 In
South Coast Air Quality Management
District v. EPA, the D.C. Circuit vacated
EPA’s interpretation that second
maintenance plans were not required for
1997 NAAQS maintenance areas
because of the revocation of that
standard. South Coast, 882 F.3d 1138
(D.C. Cir. 2018). Thus, states with 1997
ozone NAAQS maintenance areas still
must comply with the requirement to
submit maintenance plans for the
second maintenance period.
Accordingly, on July 29, 2021, New
Hampshire submitted second
maintenance plans for the Portsmouth
area that show that the area is expected
to remain in attainment with the 1997
ozone NAAQS through the last year of
the second 10-year maintenance period,
i.e., through the end of the full 20-year
maintenance period.
III. New Hampshire’s SIP Submittal
On July 29, 2021, New Hampshire
DES submitted the Portsmouth area
LMP to the EPA as a revision to the New
Hampshire SIP. New Hampshire DES
9 See
E:\FR\FM\01MRP1.SGM
80 FR 12315 (March 6, 2015).
01MRP1
11376
Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Proposed Rules
also provided additional information to
EPA on December 23, 2021. The
submittal includes the LMP and
attachments. The plan and attachments
include air quality data, emission
inventory information, air quality
monitoring information, and
documentation of notice, hearing, and
public participation.
IV. EPA’s Evaluation of New
Hampshire’s SIP Submittal
either written or oral. New Hampshire
DES then submitted the Portsmouth area
1997 Ozone NAAQS LMP to EPA as a
revision to the New Hampshire SIP. The
process followed by New Hampshire
DES in adopting the Portsmouth area
1997 Ozone NAAQS LMP complies
with the procedural requirements for
SIP revisions under CAA section 110
and EPA’s implementing regulations.
B. Substantive Requirements
A. Procedural Requirements
CAA section 110(a)(2) and 110(l)
require revisions to a SIP to be adopted
by a state after reasonable notice and
public hearing. EPA has promulgated
specific procedural requirements for SIP
revisions in 40 CFR part 51, subpart F.
These requirements include publication
of a notice by prominent advertisement
in the relevant geographic area of the
proposed SIP revisions, at least a 30-day
public comment period, and an
opportunity for a public hearing.
New Hampshire DES published a
notice of a 30-day comment period and
notice for a public hearing for the LMP
for the Portsmouth maintenance areas
on the State’s website. New Hampshire
DES received no public comments,
EPA has reviewed the Portsmouth
maintenance area 1997 Ozone NAAQS
LMP, which is designed to maintain the
1997 ozone NAAQS within the
Portsmouth area through the end of the
20-year period beyond redesignation, as
required under CAA section 175A(b).
The following is a summary of EPA’s
interpretation of the requirements 10 and
EPA’s evaluation of how each
requirement is met.
1. Attainment Emissions Inventory
For maintenance plans, a state should
develop a comprehensive, accurate
inventory of actual emissions for an
attainment year to identify the level of
emissions which is sufficient to
maintain the NAAQS. A state should
develop this inventory consistent with
EPA’s most recent guidance on
emissions inventory development. For
ozone, the inventory should be based on
emissions of VOCs and NOX, as these
pollutants are precursors to ozone
formation. The Portsmouth area LMP
includes an ozone attainment inventory
for the Portsmouth area that reflects
total emissions for every National
Emissions Inventory (NEI) from 1996–
2017. Tables 1 and 2 below contain the
NEI data submitted by the State. The
NEI is updated every three years.
Additionally, though not technically
required for a LMP, the tables include
modeled emissions projections for 2023
and 2028. EPA notes that the modeled
VOC emission estimates show a slight
increase compared to actual measured
emissions from 2017 NEI data, with a
12% increase from 2017 to 2023 for area
sources and a 7% increase in non-road
mobile sources for this same time. These
are modeled projections, not actual
emissions, and do not interfere with the
State demonstrating an overall
downward trend in total emissions
during the maintenance period which
continues in 2028.
TABLE 1 NITROGEN OXIDES (NOX)
[tons per year]
Category
1996
1999
2002
2005
2008
2011
2014
2017
2023
2028
Point ..............................................................................
Area ...............................................................................
Non-Road Mobile ..........................................................
On-Road Mobile ............................................................
20,690
13,506
10,265
45,984
16,170
5,724
8,547
41,873
9,786
11,259
10,015
38,799
12,068
11,259
9,246
29,750
6,969
6,874
7,116
29,308
5,887
5,758
6,532
17,243
4,343
11,894
5,565
16,292
2,691
10,544
4,262
11,036
3,362
4,244
4,808
6,355
2,975
3,900
4,564
4,539
Total .......................................................................
90,444
72,314
69,859
62,323
50,267
35,421
38,093
28,533
18,769
15,978
TABLE 2 VOLATILE ORGANIC COMPOUNDS (VOC)
[tons per year]
jspears on DSK121TN23PROD with PROPOSALS1
Category
1996
1999
2002
2005
2008
2011
2014
2017
2023
2028
Point ..............................................................................
Area ...............................................................................
Non-Road Mobile ..........................................................
On-Road Mobile ............................................................
5,421
38,766
18,177
26,419
2,991
55,921
18,468
24,511
1,599
61,554
21,950
21,681
1,104
36,105
21,255
18,927
783
23,335
19,415
11,811
652
20,352
15,094
9,417
441
18,560
12,598
9,168
757
17,017
8,510
6,804
637
19,029
9,197
4,846
625
18,955
8,812
3,716
Total .......................................................................
88,783
101,891
106,784
77,391
55,344
45,515
40,767
33,088
33,709
32,108
Based on our review of the methods,
models, and assumptions used by New
Hampshire DES to develop the VOC and
NOX estimates, we find that the
Portsmouth area 1997 8-Hour Ozone
NAAQS LMP includes comprehensive,
reasonably accurate inventories of
actual ozone precursor emissions and
conclude that the plan’s inventories are
acceptable for the purposes of a
10 See
Calcagni memo.
Maintenance Plan Option for
Nonclassifiable Ozone Nonattainment Areas’’ from
Sally L. Shaver, Office of Air Quality Planning and
11 ‘‘Limited
VerDate Sep<11>2014
18:06 Feb 28, 2022
Jkt 256001
subsequent maintenance plan under
CAA section 175A(b).
2. Maintenance Demonstration
The maintenance plan demonstration
requirement is considered to be satisfied
in a LMP if the state can provide
sufficient weight of evidence indicating
that air quality in the area is well below
the level of the standard, that past air
Standards (OAQPS), dated November 16, 1994;
‘‘Limited Maintenance Plan Option for
Nonclassifiable CO Nonattainment Areas’’ from
Joseph Paisie, OAQPS, dated October 6, 1995; and
PO 00000
Frm 00051
Fmt 4702
Sfmt 4702
quality trends have been shown to be
stable, and that the probability of the
area experiencing a violation over the
second 10-year maintenance period is
low.11 These criteria are evaluated
below with regard to the Portsmouth
area.
a. Evaluation of ozone air quality
levels.
‘‘Limited Maintenance Plan Option for Moderate
PM10 Nonattainment Areas’’ from Lydia Wegman,
OAQPS, dated August 9, 2001.
E:\FR\FM\01MRP1.SGM
01MRP1
11377
Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Proposed Rules
To attain the 1997 ozone NAAQS, the
three-year average of the fourth-highest
daily maximum 8-hour average ozone
concentrations (design value) at each
monitor within an area must not exceed
0.08 ppm. Based on the rounding
convention described in 40 CFR part 50,
Appendix I, the standard is attained if
the design value is 0.084 ppm or below.
Consistent with prior guidance, EPA
believes that if the most recent air
quality design value for the area is at a
level that is well below the NAAQS
(e.g., below 85% of the standard, or in
this case below 0.071 ppm), then EPA
considers the state to have met the
section 175A requirement for a
demonstration that the area will
maintain the NAAQS for the requisite
period.12 Such a demonstration assumes
continued applicability of PSD
requirements, any control measures
already in the SIP, and that Federal
measures will remain in place through
the end of the second 10-year
maintenance period, absent a showing
consistent with section 110(l) that such
measures are not necessary to assure
maintenance.13
Table 3 presents the design values for
each monitor in the Portsmouth area
over the 2017–2019 period. As shown in
Table 3, all sites have been well below
the level of the 1997 ozone NAAQS and
the most current design value is below
the level of 85% of the NAAQS,
consistent with prior LMP guidance.
TABLE 3 OZONE NAAQS DESIGN VALUES (DV)
[Parts per billion, ppb]
Hillsborough
County
Design value period
jspears on DSK121TN23PROD with PROPOSALS1
2004–2006
2005–2007
2006–2008
2007–2009
2008–2010
2009–2011
2010–2021
2011–2013
2012–2014
2013–2015
2014–2016
2015–2017
2016–2018
2017–2019
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
Therefore, the Portsmouth area
demonstration that the areas will
maintain the NAAQS based on the long
record of monitored ozone
concentrations that attain the NAAQS,
together with the continuation of
existing VOC and NOX emissions
control programs, adequately provide
for the maintenance of the 1997 ozone
NAAQS in the Portsmouth maintenance
areas through the second 10-year
maintenance period (and beyond).
b. Stability of ozone levels.
As discussed above, the Portsmouth
area has maintained air quality well
below the 1997 ozone NAAQS over the
past ten years. Additionally, the design
value data shown within Table 2
illustrates that ozone levels have been
relatively stable over this timeframe,
with a modest downward trend. This
downward trend in ozone levels,
coupled with the relatively small yearover-year variation in ozone design
values, makes it reasonable to conclude
that the Portsmouth area will not exceed
the 1997 ozone NAAQS during the
second 10-year maintenance period.
After New Hampshire completed the
LMP for the Portsmouth area, EPA
12 This LMP guidance can found here: https://
www.epa.gov/sites/default/files/2016-06/
documents/1995lmp-co.pdf.
VerDate Sep<11>2014
18:06 Feb 28, 2022
Jkt 256001
released the final 2018–2020 ozone
design values. These values show a
continued downward trend in ozone
levels, with a 2018–2020 design value
for the Portsmouth area of 0.063 ppm.14
3. Monitoring Network and Verification
of Continued Attainment
EPA periodically reviews the ozone
monitoring network that New
Hampshire DES operates and maintains,
in accordance with 40 CFR part 58. This
network is consistent with the ambient
air monitoring network assessment and
plan developed by New Hampshire DES
that is submitted annually to EPA and
that follows a public notification and
review process. EPA has reviewed and
approved the 2020 Ambient Air
Monitoring Network Assessment and
Plan.
To verify the attainment status of the
area over the maintenance period, the
maintenance plan should contain
provisions for continued operation of an
appropriate, EPA-approved monitoring
network in accordance with 40 CFR part
58. As noted above, New Hampshire
DES’s monitoring network in the
Portsmouth area has been approved by
13 As part of the Ozone Transport Region (OTR),
the Portsmouth area is also subject to additional
permitting requirements through nonattainment
new source review (NNSR).
PO 00000
Frm 00052
Fmt 4702
Sfmt 4702
75
76
73
71
68
68
68
67
68
66
66
65
65
62
Merrimack
County
72
72
70
68
66
65
65
64
63
62
61
63
62
60
Rockingham
County
75
77
76
74
69
66
66
67
68
66
66
65
65
62
EPA in accordance with 40 CFR part 58,
and the area has committed to continue
to maintain a network in accordance
with EPA requirements. For further
details on monitoring, the reader is
referred to the ‘‘2020/2021 New
Hampshire DES’s Annual Network
Plan’’ found at https://www.des.nh.gov/
sites/g/files/ehbemt341/files/
documents/r-ard-20-03.pdf, as well as
EPA’s approval letter for the 2020/2021
Annual Network Plan, which can be
found in the docket for today’s action.
We believe New Hampshire’s
monitoring network is adequate to
verify continued attainment of the 1997
ozone NAAQS in the Portsmouth area.
4. Contingency Plan
Section 175A(d) of the Act requires
that a maintenance plan include
contingency provisions. The purpose of
such contingency provisions is to
prevent future violations of the NAAQS
or promptly remedy any NAAQS
violations that might occur during the
maintenance period. These contingency
measures do not have to be fully
adopted regulations at the time of
redesignation. However, the
14 For EPA’s full design value report please see
https://www.epa.gov/air-trends/air-quality-designvalues.
E:\FR\FM\01MRP1.SGM
01MRP1
11378
Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Proposed Rules
jspears on DSK121TN23PROD with PROPOSALS1
contingency plan is an enforceable part
of the SIP and should ensure that the
contingency measures are adopted
expeditiously once they are triggered by
a future violation of the NAAQS or
some other trigger. The contingency
plan should identify the measures to be
expeditiously adopted and provide a
schedule and procedure for adoption
and implementation of the measures.
The state should also identify specific
triggers which will be used to determine
when the contingency measures need to
be implemented. While a violation of
the NAAQS is an acceptable trigger,
states may wish to choose a violation
action level below the NAAQS as a
trigger, such as an exceedance of the
NAAQS. By taking action promptly after
an exceedance occurs, a state may be
able to prevent a violation of the
NAAQS. In the unlikely event of a
violation, New Hampshire would be
required to adopt and enforce new
measures to remedy the violation.
Possible contingency measures
identified by New Hampshire include
the following:
• NOX controls for industrial,
commercial, and institutional (ICI)
boilers.
• VOC controls for emulsified and
cutback asphalt paving.
• VOC controls for consumer
products.
EPA proposes to find that New
Hampshire’s contingency measures, as
well as the commitment to continue
implementing any SIP requirements,
satisfy the pertinent requirements of
CAA section 175A.
V. Transportation Conformity
Transportation conformity is required
by section 176(c) of the CAA.
Conformity to a SIP means that
transportation activities will not
produce new air quality violations,
worsen existing violations, or delay
timely attainment of the NAAQS (CAA
176(c)(1)(B)). EPA’s conformity rule at
40 CFR part 93 requires that
transportation plans, programs and
projects conform to SIPs and establish
the criteria and procedures for
determining whether or not they
conform. The conformity rule generally
requires a demonstration that emissions
from the Regional Transportation Plan
(RTP) and the Transportation
Improvement Program (TIP) are
consistent with the motor vehicle
emissions budget (MVEB) contained in
the control strategy SIP revision or
maintenance plan (40 CFR 93.101,
93.118, and 93.124). A MVEB is defined
as ‘‘that portion of the total allowable
emissions defined in the submitted or
approved control strategy
VerDate Sep<11>2014
18:06 Feb 28, 2022
Jkt 256001
implementation plan revision or
maintenance plan for a certain date for
the purpose of meeting reasonable
further progress milestones or
demonstrating attainment or
maintenance of the NAAQS, for any
criteria pollutant or its precursors,
allocated to highway and transit vehicle
use and emissions (40 CFR 93.101).
Under the conformity rule, LMP areas
may demonstrate conformity without a
regional emission analysis (40 CFR
93.109(e)).
All actions that would require
transportation conformity
determinations for the Portsmouth
ozone maintenance areas under our
transportation conformity rule
provisions are considered to have
already satisfied the regional emissions
analysis and ‘‘budget test’’ requirements
in 40 CFR 93.118 as a result of an
adequacy finding for the LMP or
approval of the LMP. (See 69 FR 40004,
40063 (July 1, 2004).)
However, because LMP areas are still
maintenance areas, certain aspects of
transportation conformity
determinations still will be required for
transportation plans, programs and
projects. Specifically, for such
determinations, RTPs, TIPs and
transportation projects still will have to
demonstrate that they are fiscally
constrained (40 CFR 93.108), meet the
criteria for consultation (40 CFR 93.105
and 40 CFR 93.112) and Transportation
Control Measure (TCM) implementation
in the conformity rule provisions (40
CFR 93.113). Additionally, conformity
determinations for RTPs and TIPs must
be determined no less frequently than
every four years, and conformity of plan
and TIP amendments and transportation
projects is demonstrated in accordance
with the timing requirements specified
in 40 CFR 93.104. In addition, in order
for projects to be approved, they must
come from a currently conforming RTP
and TIP (40 CFR 93.114 and 93.115).
EPA meets monthly with the New
Hampshire Department of
Transportation, New Hampshire DES,
the Federal Highway Administration
(FHWA), the Federal Transit Authority
(FTA), and other partners to ensure the
conformity guidelines in the New
Hampshire SIP are followed (see 78 FR
71504 for EPA’s most recent approval of
New Hampshire’s ‘‘Conformity’’
regulation).
VI. Proposed Action and Public
Comment
Under sections 110(k) and 175A of the
CAA and for the reasons set forth above,
EPA is proposing to approve the second
10-year LMP for the Portsmouth
maintenance areas for the 1997 Ozone
PO 00000
Frm 00053
Fmt 4702
Sfmt 4702
NAAQS, submitted by New Hampshire
DES on February 18, 2020, as a revision
to the New Hampshire SIP. We are
proposing to approve the Portsmouth
area LMP because we find that it
includes an acceptable update of the
various elements of the 1997 ozone
NAAQS Maintenance Plan approved by
EPA for the first 10-year period
(including emissions inventory,
assurance of adequate monitoring and
verification of continued attainment,
and contingency provisions), and
essentially carries forward all of the
control measures and contingency
provisions relied upon in the earlier
plan.
We also find that ozone design value
for the Portsmouth area is sufficiently
below the 1997 ozone standard to allow
the State to submit a LMP and that the
Portsmouth area 1997 Ozone NAAQS
LMP adequately demonstrates
maintenance of the 1997 8-hour ozone
NAAQS through documentation of
monitoring data showing maximum
1997 8-hour ozone levels well below the
NAAQS and continuation of existing
control measures. We believe the
Portsmouth area 1997 Ozone LMP to be
sufficient to provide for maintenance of
the 1997 ozone NAAQS in the
Portsmouth area over the second 10-year
maintenance period (though 2026) and
to thereby satisfy the requirements for
such a plan under CAA section 175A(b).
EPA is proposing to approve the
Portsmouth Area’s Second 10-Year
Limited Maintenance Plan for 1997
Ozone NAAQS into the New Hampshire
SIP. EPA is soliciting public comments
on the issues discussed in this notice or
on other relevant matters. These
comments will be considered before
taking final action. Interested parties
may participate in the Federal
rulemaking procedure by submitting
written comments to this proposed rule
by following the instructions listed in
the ADDRESSES section of this Federal
Register.
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:
E:\FR\FM\01MRP1.SGM
01MRP1
Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Proposed Rules
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
jspears on DSK121TN23PROD with PROPOSALS1
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.
VerDate Sep<11>2014
18:06 Feb 28, 2022
Jkt 256001
Dated: February 18, 2022.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2022–04118 Filed 2–28–22; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
11379
or messenger delivered filings. This is a
temporary measure taken to help protect
the health and safety of individuals, and
to mitigate the transmission of COVID–
19.
• Email: Commenters are asked to
also submit a copy of their comments
and reply comments electronically to
the following address: auction108@
fcc.gov.
47 CFR Parts 1 and 27
FOR FURTHER INFORMATION CONTACT:
[AU Docket No. 20–429; DA 22–171; FR ID
73250]
Auction Legal Questions: Daniel
Habif, Lyndsey Grunewald or Scott
Mackoul, (202) 418–0660.
General Auction Questions: (717)
338–2868.
Auction Inventory Questions: John
Schauble, (202) 418–0797.
2.5 GHz Band Licensing Questions:
Madelaine Maior, (202) 418–1466, or
Nadja Sodos-Wallace, (202) 418–0955.
SUPPLEMENTARY INFORMATION: This is a
summary of the Auction 108 Revised
Inventory Public Notice, AU Docket No.
20–429, DA 22–171, adopted on
February 18, 2022 and released on
February 18, 2022. The complete text of
the Auction 108 Revised Inventory
Comment Public Notice is available on
the Commission’s website at https://
www.fcc.gov/auction/108 or by using
the search function for AU Docket No.
20–429, DA 22–171, on the
Commission’s Electronic Comment
Filing System (ECFS) web page at
www.fcc.gov/ecfs. Alternative formats
are available to persons with disabilities
by sending an email to FCC504@fcc.gov
or by calling the Consumer &
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
Revised Inventory for Auction of
Flexible-Use Licenses in the 2.5 GHz
Band; Comment Sought on Upfront
Payments, Minimum Opening Bids,
and Other Procedures for the Revised
Inventory of Auction 108
Federal Communications
Commission.
ACTION: Proposed rule; proposed auction
procedures.
AGENCY:
The Office of Economics and
Analytics and the Wireless
Telecommunications Bureau seek
comment on the application of
procedures governing the conduct of
Auction 108 in light of additions to the
proposed license inventory for Auction
108.
DATES: Comments are due on or before
March 4, 2022.
ADDRESSES: Interested parties may file
comments in AU Docket No. 20–429.
Comments may be filed using the
Commission’s Electronic Comment
Filing System (ECFS) or by filing paper
copies. Interested parties are strongly
encouraged to file comments
electronically.
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS at https://
www.fcc.gov/ecfs/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing.
• Filings in response to the Public
Notice can be sent by commercial
courier or by first-class or overnight U.S.
Postal Service mail. All filings must be
addressed to the Commission’s
Secretary, Office of the Secretary,
Federal Communications Commission.
• Commercial deliveries (other than
U.S. Postal Service Express Mail and
Priority Mail) must be sent to 9050
Junction Dr., Annapolis Junction, MD
20701.
• U.S. Postal Service first-class,
Express, or Priority mail must be
addressed to 45 L Street NE,
Washington, DC 20554.
• Until further notice, the
Commission no longer accepts any hand
SUMMARY:
PO 00000
Frm 00054
Fmt 4702
Sfmt 4702
I. Introduction
1. By the Auction 108 Revised
Inventory Comment Public Notice, the
Office of Economics and Analytics
(OEA) and the Wireless
Telecommunications Bureau (WTB)
seek further comment on the procedures
governing to be used for Auction 108.
Specifically, OEA and WTB seek
comment on whether any procedures
need to be adjusted for all the licenses
available in Auction 108 in light of
additions to the initial license
inventory. OEA and WTB also seek
comment on minimum opening bids
and upfront payment amounts for the
additional licenses. OEA and WTB have
updated the listing of county and
channel block combinations potentially
available for Auction 108 to add or
remove certain licenses, and that
updated Attachment A file is available
at www.fcc.gov/auction/108.
2. On January 13, 2021, the
Commission released the Auction 108
E:\FR\FM\01MRP1.SGM
01MRP1
]]>Agencies
[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Proposed Rules]
[Pages 11373-11379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04118]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2021-0672; FRL-9558-01-R1]
Air Plan Approval; New Hampshire; Boston-Manchester-Portsmouth
Area Second 10-Year Limited Maintenance Plan for 1997 Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Clean Air Act (CAA), the Environmental
Protection Agency (EPA) is proposing to approve a state implementation
plan (SIP) revision submitted by the State of New Hampshire. On July
29, 2021, the State submitted its 1997 ozone national ambient air
quality standards (NAAQS) Limited Maintenance Plan (LMP) for the
Boston-Manchester-Portsmouth (Portsmouth) area. EPA is proposing to
approve the Portsmouth area LMP because it provides for the maintenance
of the 1997 ozone NAAQS through the end of the second 10-year portion
of the
[[Page 11374]]
maintenance period. The effect of this action will be to make certain
commitments related to maintenance of the 1997 ozone NAAQS in the
Portsmouth maintenance area part of the New Hampshire SIP and therefore
federally enforceable.
DATES: Written comments must be received on or before March 31, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets. Publicly
available docket materials are available at https://www.regulations.gov
or at the U.S. Environmental Protection Agency, EPA Region 1 Regional
Office, Air and Radiation Division, 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 and facility closures due to COVID-19.
FOR FURTHER INFORMATION CONTACT: Eric Rackauskas, Air Quality Branch,
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square--Suite 100, (Mail code 05-2), Boston, MA 02109--3912, tel. (617)
918-1628, email [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Summary of EPA's Action
II. Background
III. New Hampshire's SIP Submittal
IV. EPA's Evaluation of New Hampshire's SIP Submittal
A. Procedural Requirements
B. Substantive Requirements
1. Attainment Emissions Inventory
2. Maintenance Demonstration
a. Evaluation of ozone air quality levels.
b. Stability of ozone levels.
3. Monitoring Network and Verification of Continued Attainment
4. Contingency Plan
V. Transportation Conformity
VI. Proposed Action and Public Comment
VII. Statutory and Executive Order Reviews
I. Summary of EPA's Action
Under the CAA, EPA is proposing to approve a Limited Maintenance
Plan (LMP) for the Boston-Manchester-Portsmouth (Portsmouth)
maintenance area for the 1997 ozone NAAQS, submitted as a revision to
the New Hampshire State Implementation Plan (SIP) on July 29, 2021. The
Portsmouth area 8-hour ozone nonattainment area includes 52 cities and
towns with a combined population of 729,071 in Hillsborough, Merrimack,
Rockingham and Strafford counties, in the southeastern-most portion of
the state. On June 15, 2004, the Portsmouth area was designated as
nonattainment for the 1997 ozone NAAQS. On March 4, 2013, the area was
redesignated to attainment with that standard.
The Portsmouth area's LMP for the 1997 ozone NAAQS submitted by the
New Hampshire Department of Environmental Services (DES) is designed to
maintain the 1997 ozone NAAQS within these areas through the end of the
second ten-year period of the maintenance period. We are proposing to
approve the plan because it meets all applicable requirements under CAA
sections 110 and 175A.
II. Background
Ground-level ozone is formed when oxides of nitrogen
(NOX) and volatile organic compounds (VOC) react in the
presence of sunlight. These two pollutants, referred to as ozone
precursors, are emitted by many types of pollution sources, including
on- and off-road motor vehicles and engines, power plants and
industrial facilities, and smaller area sources such as lawn and garden
equipment and paints. Scientific evidence indicates that adverse public
health effects occur following exposure to ozone, particularly in
children and adults with lung disease. Breathing air containing ozone
can reduce lung function and inflame airways, which can increase
respiratory symptoms and aggravate asthma or other lung diseases.
Ozone exposure also has been associated with increased
susceptibility to respiratory infections, medication use, doctor and
emergency department visits and hospital admissions for individuals
with lung disease. Ozone exposure also increases the risk of premature
death from heart or lung disease. Children are at increased risk from
exposure to ozone because their lungs are still developing and they are
more likely to be active outdoors, which increases their exposure.\1\
---------------------------------------------------------------------------
\1\ See ``Fact Sheet, Proposal to Revise the National Ambient
Air Quality Standards for Ozone,'' January 6, 2010 and 75 FR 2938
(January 19, 2010).
---------------------------------------------------------------------------
In 1979, under section 109 of the CAA, EPA established primary and
secondary NAAQS for ozone at 0.12 parts per million (ppm), averaged
over a 1-hour period. 44 FR 8202 (February 8, 1979). On July 18, 1997,
EPA revised the primary and secondary NAAQS for ozone to set the
acceptable level of ozone in the ambient air at 0.08 ppm, averaged over
an 8-hour period. 62 FR 38856 (July 18, 1997).\2\ The EPA set the 8-
hour ozone NAAQS based on scientific evidence demonstrating that ozone
causes adverse health effects at lower concentrations and over longer
periods of time than was understood when the pre-existing 1-hour ozone
NAAQS was set. EPA determined that the 8-hour standard would be more
protective of human health, especially for children and adults who are
active outdoors, and individuals with a preexisting respiratory
disease, such as asthma.
---------------------------------------------------------------------------
\2\ In March 2008, EPA completed another review of the primary
and secondary ozone standards and tightened them further by lowering
the level for both to 0.075 ppm. 73 FR 16436 (March 27, 2008).
Additionally, in October 2015, EPA completed a review of the primary
and secondary ozone standards and tightened them by lowering the
level for both to 0.70 ppm. 80 FR 65292 (October 26, 2015).
---------------------------------------------------------------------------
Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the nation as attaining or not
attaining the NAAQS. On April 15, 2004, EPA designated the Southeast
New Hampshire area as nonattainment for the 1997 ozone NAAQS, and the
designations became effective on June 15, 2004. Under the CAA, states
are also required to adopt and submit SIPs to implement, maintain, and
enforce the NAAQS in designated nonattainment areas and throughout the
state.
When a nonattainment area has three years of complete, certified
air quality data that has been determined to attain the 1997 ozone
NAAQS, and the area
[[Page 11375]]
has met other required criteria described in section 107(d)(3)(E) of
the CAA, the state can submit to the EPA a request to be redesignated
to attainment, referred to as a ``maintenance area''.\3\ One of the
criteria for redesignation is to have an approved maintenance plan
under CAA section 175A. The maintenance plan must demonstrate that the
area will continue to maintain the standard for the period extending 10
years after redesignation and must contain such additional measures as
necessary to ensure maintenance and such contingency provisions as
necessary to assure that violations of the standard will be promptly
corrected. At the end of the eighth year after the effective date of
the redesignation, the state must also submit a second maintenance plan
to ensure ongoing maintenance of the standard for an additional ten
years. CAA section 175A.
---------------------------------------------------------------------------
\3\ Section 107(d)(3)(E) of the CAA sets out the requirements
for redesignation. They include attainment of the NAAQS, full
approval under section 110(k) of the applicable SIP, determination
that improvement in air quality is a result of permanent and
enforceable reductions in emissions, demonstration that the state
has met all section 110 and part D requirements, and a fully
approved maintenance plan under CAA section 175A.
---------------------------------------------------------------------------
EPA has published long-standing guidance for states on developing
maintenance plans.\4\ The Calcagni memo provides that states may
generally demonstrate maintenance by either performing air quality
modeling to show that the future mix of sources and emission rates will
not cause a violation of the NAAQS or by showing that future emissions
of a pollutant and its precursors will not exceed the level of
emissions during a year when the area was attaining the NAAQS (i.e.,
attainment year inventory). EPA clarified in three subsequent guidance
memoranda that certain nonattainment areas could meet the CAA section
175A requirement to provide for maintenance by demonstrating that the
area's design value \5\ was well below the NAAQS and that the
historical stability of the area's air quality levels showed that the
area was unlikely to violate the NAAQS in the future.\6\ EPA refers to
this streamlined demonstration of maintenance as a Limited Maintenance
Plan (LMP). EPA has interpreted CAA section 175A as permitting this
option because section 175A of the Act defines few specific content
requirements for maintenance plans, and in EPA's experience
implementing the various NAAQS, areas that qualify for an LMP, that
have an approved LMP, have rarely, if ever, experienced subsequent
violations of the NAAQS. As noted in the LMP guidance memoranda, states
seeking an LMP must still submit the other maintenance plan elements
outlined in the Calcagni memo, including: An attainment emissions
inventory, provisions for the continued operation of the ambient air
quality monitoring network, verification of continued attainment, and a
contingency plan in the event of a future violation of the NAAQS.
Moreover, states seeking an LMP must still submit their section 175A
maintenance plan as a revision to their state implementation plan, with
all attendant notice and comment procedures.
---------------------------------------------------------------------------
\4\ Calcagni, John, Director, Air Quality Management Division,
EPA Office of Air Quality Planning and Standards, ``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' September
4, 1992 (Calcagni memo).
\5\ The ozone design value for a monitoring site is the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ozone concentrations. The design value for an ozone nonattainment
area is the highest design value of any monitoring site in the area.
\6\ See ``Limited Maintenance Plan Option for Nonclassifiable
Ozone Nonattainment Areas'' from Sally L. Shaver, Office of Air
Quality Planning and Standards (OAQPS), dated November 16, 1994;
``Limited Maintenance Plan Option for Nonclassifiable CO
Nonattainment Areas'' from Joseph Paisie, OAQPS, dated October 6,
1995; and ``Limited Maintenance Plan Option for Moderate
PM10 Nonattainment Areas'' from Lydia Wegman, OAQPS,
dated August 9, 2001. Copies of these guidance memoranda can be
found in the docket for this proposed rulemaking.
---------------------------------------------------------------------------
While the LMP guidance memoranda were originally written with
respect to certain NAAQS,\7\ EPA has extended the LMP interpretation of
section 175A to other NAAQS and pollutants not specifically covered by
the previous guidance memos.\8\ In this case, EPA is proposing to
approve New Hampshire's LMP because the State has made a showing,
consistent with EPA's prior LMP guidance, that the area's ozone
concentrations are well below the 1997 ozone NAAQS and have been
historically stable. New Hampshire DES has submitted this LMP for the
Southeast New Hampshire 1997 ozone NAAQS areas to fulfill the second
maintenance plan requirement in the Act. Our evaluation of the
Southeast New Hampshire area 1997 ozone NAAQS LMP is presented below.
---------------------------------------------------------------------------
\7\ The prior memoranda addressed: unclassifiable areas under
the 1-hour ozone NAAQS, nonattainment areas for the PM10
(particulate matter with an aerodynamic diameter less than 10
microns) NAAQS, and nonattainment areas for the carbon monoxide
NAAQS.
\8\ See, e.g., 79 FR 41900 (July 18, 2014) (Approval of second
ten-year LMP for Grant County 1971 SO2 maintenance area).
---------------------------------------------------------------------------
On March 2, 2012, New Hampshire DES submitted to EPA a request to
redesignate the Portsmouth nonattainment areas to attainment for the
1997 ozone NAAQS. New Hampshire DES also provided EPA with additional
information on September 21, 2012. This submittal included a plan to
provide for maintenance of the 1997 ozone NAAQS in the Portsmouth
nonattainment area through 2012 as a revision to the New Hampshire SIP.
EPA approved the maintenance plan for the Portsmouth nonattainment area
and the State's request to redesignate the Portsmouth nonattainment
area to attainment for the 1997 ozone NAAQS on January 31, 2013 (78 FR
6741).
In conjunction with our approval of the Portsmouth nonattainment
areas 1997 ozone Maintenance Plan covering the first 10-year
maintenance period, we approved various regulatory provisions adopted
by the State providing for the continued implementation of the control
measures relied upon for attainment, and for the authority for state
agencies to implement contingency measures should the area violate the
standard again during this period.
Under CAA section 175A(b), states must submit a revision to the
first maintenance plan eight years after redesignation to provide for
maintenance of the NAAQS for ten additional years following the end of
the first 10-year period. EPA's final implementation rule for the 2008
ozone NAAQS revoked the 1997 ozone NAAQS and stated that one
consequence of revocation was that areas that had been redesignated to
attainment (i.e., maintenance areas) for the 1997 standard no longer
needed to submit second 10-year maintenance plans under CAA section
175A(b).\9\ In South Coast Air Quality Management District v. EPA, the
D.C. Circuit vacated EPA's interpretation that second maintenance plans
were not required for 1997 NAAQS maintenance areas because of the
revocation of that standard. South Coast, 882 F.3d 1138 (D.C. Cir.
2018). Thus, states with 1997 ozone NAAQS maintenance areas still must
comply with the requirement to submit maintenance plans for the second
maintenance period. Accordingly, on July 29, 2021, New Hampshire
submitted second maintenance plans for the Portsmouth area that show
that the area is expected to remain in attainment with the 1997 ozone
NAAQS through the last year of the second 10-year maintenance period,
i.e., through the end of the full 20-year maintenance period.
---------------------------------------------------------------------------
\9\ See 80 FR 12315 (March 6, 2015).
---------------------------------------------------------------------------
III. New Hampshire's SIP Submittal
On July 29, 2021, New Hampshire DES submitted the Portsmouth area
LMP to the EPA as a revision to the New Hampshire SIP. New Hampshire
DES
[[Page 11376]]
also provided additional information to EPA on December 23, 2021. The
submittal includes the LMP and attachments. The plan and attachments
include air quality data, emission inventory information, air quality
monitoring information, and documentation of notice, hearing, and
public participation.
IV. EPA's Evaluation of New Hampshire's SIP Submittal
A. Procedural Requirements
CAA section 110(a)(2) and 110(l) require revisions to a SIP to be
adopted by a state after reasonable notice and public hearing. EPA has
promulgated specific procedural requirements for SIP revisions in 40
CFR part 51, subpart F. These requirements include publication of a
notice by prominent advertisement in the relevant geographic area of
the proposed SIP revisions, at least a 30-day public comment period,
and an opportunity for a public hearing.
New Hampshire DES published a notice of a 30-day comment period and
notice for a public hearing for the LMP for the Portsmouth maintenance
areas on the State's website. New Hampshire DES received no public
comments, either written or oral. New Hampshire DES then submitted the
Portsmouth area 1997 Ozone NAAQS LMP to EPA as a revision to the New
Hampshire SIP. The process followed by New Hampshire DES in adopting
the Portsmouth area 1997 Ozone NAAQS LMP complies with the procedural
requirements for SIP revisions under CAA section 110 and EPA's
implementing regulations.
B. Substantive Requirements
EPA has reviewed the Portsmouth maintenance area 1997 Ozone NAAQS
LMP, which is designed to maintain the 1997 ozone NAAQS within the
Portsmouth area through the end of the 20-year period beyond
redesignation, as required under CAA section 175A(b). The following is
a summary of EPA's interpretation of the requirements \10\ and EPA's
evaluation of how each requirement is met.
---------------------------------------------------------------------------
\10\ See Calcagni memo.
---------------------------------------------------------------------------
1. Attainment Emissions Inventory
For maintenance plans, a state should develop a comprehensive,
accurate inventory of actual emissions for an attainment year to
identify the level of emissions which is sufficient to maintain the
NAAQS. A state should develop this inventory consistent with EPA's most
recent guidance on emissions inventory development. For ozone, the
inventory should be based on emissions of VOCs and NOX, as
these pollutants are precursors to ozone formation. The Portsmouth area
LMP includes an ozone attainment inventory for the Portsmouth area that
reflects total emissions for every National Emissions Inventory (NEI)
from 1996-2017. Tables 1 and 2 below contain the NEI data submitted by
the State. The NEI is updated every three years. Additionally, though
not technically required for a LMP, the tables include modeled
emissions projections for 2023 and 2028. EPA notes that the modeled VOC
emission estimates show a slight increase compared to actual measured
emissions from 2017 NEI data, with a 12% increase from 2017 to 2023 for
area sources and a 7% increase in non-road mobile sources for this same
time. These are modeled projections, not actual emissions, and do not
interfere with the State demonstrating an overall downward trend in
total emissions during the maintenance period which continues in 2028.
Table 1 Nitrogen Oxides (NOX)
[tons per year]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Category 1996 1999 2002 2005 2008 2011 2014 2017 2023 2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point............................................... 20,690 16,170 9,786 12,068 6,969 5,887 4,343 2,691 3,362 2,975
Area................................................ 13,506 5,724 11,259 11,259 6,874 5,758 11,894 10,544 4,244 3,900
Non-Road Mobile..................................... 10,265 8,547 10,015 9,246 7,116 6,532 5,565 4,262 4,808 4,564
On-Road Mobile...................................... 45,984 41,873 38,799 29,750 29,308 17,243 16,292 11,036 6,355 4,539
---------------------------------------------------------------------------------------------------
Total........................................... 90,444 72,314 69,859 62,323 50,267 35,421 38,093 28,533 18,769 15,978
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2 Volatile Organic Compounds (VOC)
[tons per year]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Category 1996 1999 2002 2005 2008 2011 2014 2017 2023 2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point............................................... 5,421 2,991 1,599 1,104 783 652 441 757 637 625
Area................................................ 38,766 55,921 61,554 36,105 23,335 20,352 18,560 17,017 19,029 18,955
Non-Road Mobile..................................... 18,177 18,468 21,950 21,255 19,415 15,094 12,598 8,510 9,197 8,812
On-Road Mobile...................................... 26,419 24,511 21,681 18,927 11,811 9,417 9,168 6,804 4,846 3,716
---------------------------------------------------------------------------------------------------
Total........................................... 88,783 101,891 106,784 77,391 55,344 45,515 40,767 33,088 33,709 32,108
--------------------------------------------------------------------------------------------------------------------------------------------------------
Based on our review of the methods, models, and assumptions used by
New Hampshire DES to develop the VOC and NOX estimates, we
find that the Portsmouth area 1997 8-Hour Ozone NAAQS LMP includes
comprehensive, reasonably accurate inventories of actual ozone
precursor emissions and conclude that the plan's inventories are
acceptable for the purposes of a subsequent maintenance plan under CAA
section 175A(b).
2. Maintenance Demonstration
The maintenance plan demonstration requirement is considered to be
satisfied in a LMP if the state can provide sufficient weight of
evidence indicating that air quality in the area is well below the
level of the standard, that past air quality trends have been shown to
be stable, and that the probability of the area experiencing a
violation over the second 10-year maintenance period is low.\11\ These
criteria are evaluated below with regard to the Portsmouth area.
---------------------------------------------------------------------------
\11\ ``Limited Maintenance Plan Option for Nonclassifiable Ozone
Nonattainment Areas'' from Sally L. Shaver, Office of Air Quality
Planning and Standards (OAQPS), dated November 16, 1994; ``Limited
Maintenance Plan Option for Nonclassifiable CO Nonattainment Areas''
from Joseph Paisie, OAQPS, dated October 6, 1995; and ``Limited
Maintenance Plan Option for Moderate PM10 Nonattainment
Areas'' from Lydia Wegman, OAQPS, dated August 9, 2001.
---------------------------------------------------------------------------
a. Evaluation of ozone air quality levels.
[[Page 11377]]
To attain the 1997 ozone NAAQS, the three-year average of the
fourth-highest daily maximum 8-hour average ozone concentrations
(design value) at each monitor within an area must not exceed 0.08 ppm.
Based on the rounding convention described in 40 CFR part 50, Appendix
I, the standard is attained if the design value is 0.084 ppm or below.
Consistent with prior guidance, EPA believes that if the most recent
air quality design value for the area is at a level that is well below
the NAAQS (e.g., below 85% of the standard, or in this case below 0.071
ppm), then EPA considers the state to have met the section 175A
requirement for a demonstration that the area will maintain the NAAQS
for the requisite period.\12\ Such a demonstration assumes continued
applicability of PSD requirements, any control measures already in the
SIP, and that Federal measures will remain in place through the end of
the second 10-year maintenance period, absent a showing consistent with
section 110(l) that such measures are not necessary to assure
maintenance.\13\
---------------------------------------------------------------------------
\12\ This LMP guidance can found here: https://www.epa.gov/sites/default/files/2016-06/documents/1995lmp-co.pdf.
\13\ As part of the Ozone Transport Region (OTR), the Portsmouth
area is also subject to additional permitting requirements through
nonattainment new source review (NNSR).
---------------------------------------------------------------------------
Table 3 presents the design values for each monitor in the
Portsmouth area over the 2017-2019 period. As shown in Table 3, all
sites have been well below the level of the 1997 ozone NAAQS and the
most current design value is below the level of 85% of the NAAQS,
consistent with prior LMP guidance.
Table 3 Ozone NAAQS Design Values (DV)
[Parts per billion, ppb]
----------------------------------------------------------------------------------------------------------------
Hillsborough Merrimack Rockingham
Design value period County County County
----------------------------------------------------------------------------------------------------------------
2004-2006....................................................... 75 72 75
2005-2007....................................................... 76 72 77
2006-2008....................................................... 73 70 76
2007-2009....................................................... 71 68 74
2008-2010....................................................... 68 66 69
2009-2011....................................................... 68 65 66
2010-2021....................................................... 68 65 66
2011-2013....................................................... 67 64 67
2012-2014....................................................... 68 63 68
2013-2015....................................................... 66 62 66
2014-2016....................................................... 66 61 66
2015-2017....................................................... 65 63 65
2016-2018....................................................... 65 62 65
2017-2019....................................................... 62 60 62
----------------------------------------------------------------------------------------------------------------
Therefore, the Portsmouth area demonstration that the areas will
maintain the NAAQS based on the long record of monitored ozone
concentrations that attain the NAAQS, together with the continuation of
existing VOC and NOX emissions control programs, adequately
provide for the maintenance of the 1997 ozone NAAQS in the Portsmouth
maintenance areas through the second 10-year maintenance period (and
beyond).
b. Stability of ozone levels.
As discussed above, the Portsmouth area has maintained air quality
well below the 1997 ozone NAAQS over the past ten years. Additionally,
the design value data shown within Table 2 illustrates that ozone
levels have been relatively stable over this timeframe, with a modest
downward trend. This downward trend in ozone levels, coupled with the
relatively small year-over-year variation in ozone design values, makes
it reasonable to conclude that the Portsmouth area will not exceed the
1997 ozone NAAQS during the second 10-year maintenance period.
After New Hampshire completed the LMP for the Portsmouth area, EPA
released the final 2018-2020 ozone design values. These values show a
continued downward trend in ozone levels, with a 2018-2020 design value
for the Portsmouth area of 0.063 ppm.\14\
---------------------------------------------------------------------------
\14\ For EPA's full design value report please see https://www.epa.gov/air-trends/air-quality-design-values.
---------------------------------------------------------------------------
3. Monitoring Network and Verification of Continued Attainment
EPA periodically reviews the ozone monitoring network that New
Hampshire DES operates and maintains, in accordance with 40 CFR part
58. This network is consistent with the ambient air monitoring network
assessment and plan developed by New Hampshire DES that is submitted
annually to EPA and that follows a public notification and review
process. EPA has reviewed and approved the 2020 Ambient Air Monitoring
Network Assessment and Plan.
To verify the attainment status of the area over the maintenance
period, the maintenance plan should contain provisions for continued
operation of an appropriate, EPA-approved monitoring network in
accordance with 40 CFR part 58. As noted above, New Hampshire DES's
monitoring network in the Portsmouth area has been approved by EPA in
accordance with 40 CFR part 58, and the area has committed to continue
to maintain a network in accordance with EPA requirements. For further
details on monitoring, the reader is referred to the ``2020/2021 New
Hampshire DES's Annual Network Plan'' found at https://www.des.nh.gov/sites/g/files/ehbemt341/files/documents/r-ard-20-03.pdf, as well as
EPA's approval letter for the 2020/2021 Annual Network Plan, which can
be found in the docket for today's action. We believe New Hampshire's
monitoring network is adequate to verify continued attainment of the
1997 ozone NAAQS in the Portsmouth area.
4. Contingency Plan
Section 175A(d) of the Act requires that a maintenance plan include
contingency provisions. The purpose of such contingency provisions is
to prevent future violations of the NAAQS or promptly remedy any NAAQS
violations that might occur during the maintenance period. These
contingency measures do not have to be fully adopted regulations at the
time of redesignation. However, the
[[Page 11378]]
contingency plan is an enforceable part of the SIP and should ensure
that the contingency measures are adopted expeditiously once they are
triggered by a future violation of the NAAQS or some other trigger. The
contingency plan should identify the measures to be expeditiously
adopted and provide a schedule and procedure for adoption and
implementation of the measures. The state should also identify specific
triggers which will be used to determine when the contingency measures
need to be implemented. While a violation of the NAAQS is an acceptable
trigger, states may wish to choose a violation action level below the
NAAQS as a trigger, such as an exceedance of the NAAQS. By taking
action promptly after an exceedance occurs, a state may be able to
prevent a violation of the NAAQS. In the unlikely event of a violation,
New Hampshire would be required to adopt and enforce new measures to
remedy the violation. Possible contingency measures identified by New
Hampshire include the following:
NOX controls for industrial, commercial, and
institutional (ICI) boilers.
VOC controls for emulsified and cutback asphalt paving.
VOC controls for consumer products.
EPA proposes to find that New Hampshire's contingency measures, as
well as the commitment to continue implementing any SIP requirements,
satisfy the pertinent requirements of CAA section 175A.
V. Transportation Conformity
Transportation conformity is required by section 176(c) of the CAA.
Conformity to a SIP means that transportation activities will not
produce new air quality violations, worsen existing violations, or
delay timely attainment of the NAAQS (CAA 176(c)(1)(B)). EPA's
conformity rule at 40 CFR part 93 requires that transportation plans,
programs and projects conform to SIPs and establish the criteria and
procedures for determining whether or not they conform. The conformity
rule generally requires a demonstration that emissions from the
Regional Transportation Plan (RTP) and the Transportation Improvement
Program (TIP) are consistent with the motor vehicle emissions budget
(MVEB) contained in the control strategy SIP revision or maintenance
plan (40 CFR 93.101, 93.118, and 93.124). A MVEB is defined as ``that
portion of the total allowable emissions defined in the submitted or
approved control strategy implementation plan revision or maintenance
plan for a certain date for the purpose of meeting reasonable further
progress milestones or demonstrating attainment or maintenance of the
NAAQS, for any criteria pollutant or its precursors, allocated to
highway and transit vehicle use and emissions (40 CFR 93.101).
Under the conformity rule, LMP areas may demonstrate conformity
without a regional emission analysis (40 CFR 93.109(e)).
All actions that would require transportation conformity
determinations for the Portsmouth ozone maintenance areas under our
transportation conformity rule provisions are considered to have
already satisfied the regional emissions analysis and ``budget test''
requirements in 40 CFR 93.118 as a result of an adequacy finding for
the LMP or approval of the LMP. (See 69 FR 40004, 40063 (July 1,
2004).)
However, because LMP areas are still maintenance areas, certain
aspects of transportation conformity determinations still will be
required for transportation plans, programs and projects. Specifically,
for such determinations, RTPs, TIPs and transportation projects still
will have to demonstrate that they are fiscally constrained (40 CFR
93.108), meet the criteria for consultation (40 CFR 93.105 and 40 CFR
93.112) and Transportation Control Measure (TCM) implementation in the
conformity rule provisions (40 CFR 93.113). Additionally, conformity
determinations for RTPs and TIPs must be determined no less frequently
than every four years, and conformity of plan and TIP amendments and
transportation projects is demonstrated in accordance with the timing
requirements specified in 40 CFR 93.104. In addition, in order for
projects to be approved, they must come from a currently conforming RTP
and TIP (40 CFR 93.114 and 93.115). EPA meets monthly with the New
Hampshire Department of Transportation, New Hampshire DES, the Federal
Highway Administration (FHWA), the Federal Transit Authority (FTA), and
other partners to ensure the conformity guidelines in the New Hampshire
SIP are followed (see 78 FR 71504 for EPA's most recent approval of New
Hampshire's ``Conformity'' regulation).
VI. Proposed Action and Public Comment
Under sections 110(k) and 175A of the CAA and for the reasons set
forth above, EPA is proposing to approve the second 10-year LMP for the
Portsmouth maintenance areas for the 1997 Ozone NAAQS, submitted by New
Hampshire DES on February 18, 2020, as a revision to the New Hampshire
SIP. We are proposing to approve the Portsmouth area LMP because we
find that it includes an acceptable update of the various elements of
the 1997 ozone NAAQS Maintenance Plan approved by EPA for the first 10-
year period (including emissions inventory, assurance of adequate
monitoring and verification of continued attainment, and contingency
provisions), and essentially carries forward all of the control
measures and contingency provisions relied upon in the earlier plan.
We also find that ozone design value for the Portsmouth area is
sufficiently below the 1997 ozone standard to allow the State to submit
a LMP and that the Portsmouth area 1997 Ozone NAAQS LMP adequately
demonstrates maintenance of the 1997 8-hour ozone NAAQS through
documentation of monitoring data showing maximum 1997 8-hour ozone
levels well below the NAAQS and continuation of existing control
measures. We believe the Portsmouth area 1997 Ozone LMP to be
sufficient to provide for maintenance of the 1997 ozone NAAQS in the
Portsmouth area over the second 10-year maintenance period (though
2026) and to thereby satisfy the requirements for such a plan under CAA
section 175A(b).
EPA is proposing to approve the Portsmouth Area's Second 10-Year
Limited Maintenance Plan for 1997 Ozone NAAQS into the New Hampshire
SIP. EPA is soliciting public comments on the issues discussed in this
notice or on other relevant matters. These comments will be considered
before taking final action. Interested parties may participate in the
Federal rulemaking procedure by submitting written comments to this
proposed rule by following the instructions listed in the ADDRESSES
section of this Federal Register.
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:
[[Page 11379]]
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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.
Dated: February 18, 2022.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2022-04118 Filed 2-28-22; 8:45 am]
BILLING CODE 6560-50-P
