Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations 55521

described in paragraph (b)(2)(i) of this

section.

(Authority: 10 U.S.C. 16131(i)(1))

* * * * *

11. In § 21.7639, paragraph (f)(2) is

redesignated as paragraph (f)(3);

paragraph (c)(2)(ii), the authority

citation for paragraph (c), paragraph

(f)(1), and the authority citation for

paragraph (f) are revised; and a new

paragraph (f)(2) is added, to read as

follows:

§ 21.7639 Conditions which result in

reduced rates or no payment.

* * * * *

(c) * * *

(2) * * *

(ii) The monthly rate as stated in

§ 21.7636(a) and any increase payable

under § 21.7636(b).

* * * * *

(Authority: 10 U.S.C. 16131(i)(1), 16136(b);

38 U.S.C. 3482(g))

* * * * *

(f) Failure to work sufficient hours of

apprenticeship and other on-job

training. (1) For any calendar month in

which a reservist pursuing an

apprenticeship or other on-job training

program fails to complete 120 hours of

training, VA will reduce

proportionally—

(i) The rates specified in

§ 21.7636(a)(2); and

(ii) Any increase set by the Secretary

of the military department concerned as

described in § 21.7636(b).

(2) In making the computations

required by paragraph (f)(1) of this

section, VA will round the number of

hours worked to the nearest multiple of

eight.

(Authority: 10 U.S.C. 2131(d)(2), 16131(i)(1);

sec. 642 (b), (d), Pub. L. 101–189, 103 Stat.

1456–1458)

* * * * *

[FR Doc. 97–28364 Filed 10–24–97; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[NH–7157a–FRL–5906–8]

Approval and Promulgation of

Implementation Plans; New Hampshire

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA today is approving

State Implementation Plan (SIP)

revisions submitted by the State of New

Hampshire. These revisions consist of

the 1990 base year ozone emission

inventories, and establishment of a

Photochemical Assessment Monitoring

System (PAMS) network.

The inventories were submitted by

the State to satisfy a Clean Air Act

(CAA) requirement that States

containing ozone nonattainment areas

submit inventories of actual ozone

precursor emissions in accordance with

guidance from the EPA. The PAMS SIP

revision was submitted to satisfy the

requirements of the CAA and the PAMS

regulation. The PAMS regulation

required the State to provide for the

establishment and maintenance of an

enhanced ambient air quality

monitoring network in the form of

PAMS by November 12, 1993. The

intended effect of this action is to

approve as a revision to the New

Hampshire SIP the state’s 1990 base

year ozone emission inventories and

PAMS network.

DATES: This action is effective on

December 26, 1997 unless adverse or

critical comments are received by

November 26, 1997. If the effective date

is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Written comments on this

action should be addressed to Susan

Studlien, Deputy Director, Office of

Ecosystem Protection, Environmental

Protection Agency, Region I, JFK

Federal Building, Boston,

Massachusetts, 02203. Copies of the

documents relevant to this action are

available for public inspection during

normal business hours at the EPA

Region I office, and at the New

Hampshire Department of

Environmental Services, Air Resources

Division, 64 North Main Street, Caller

Box 2033, Concord, NH 03302–2033.

Persons interested in examining these

documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

FOR FURTHER INFORMATION CONTACT:

Robert F. McConnell, Air Quality

Planning Group, EPA Region I, JFK

Federal Building, Boston,

Massachusetts, 02203; telephone (617)

565–9266.

SUPPLEMENTARY INFORMATION: New

Hampshire submitted a SIP revision to

the EPA consisting of 1990 base year

emission inventories of ozone

precursors on January 26, 1993. The

State submitted a SIP revision

establishing a PAMS network into the

State’s overall ambient air quality

monitoring network on December 13,

1994. This notice is divided into four

parts:

I. Background Information

II. Analysis of State Submission

III. Final Action

IV. Administrative Requirements

I. Background

1. Emission Inventory

Under the CAA as amended in 1990,

States have the responsibility to

inventory emissions contributing to

NAAQS nonattainment, to track these

emissions over time, and to ensure that

control strategies are being implemented

that reduce emissions and move areas

towards attainment. The CAAA requires

ozone nonattainment areas designated

as moderate, serious, severe, and

extreme to submit a plan within three

years of 1990 to reduce VOC emissions

by 15 percent within six years after

1990. The baseline level of emissions,

from which the 15 percent reduction is

calculated, is determined by adjusting

the base year inventory to exclude

biogenic emissions and to exclude

certain emission reductions not

creditable towards the 15 percent. The

1990 base year emissions inventory is

the primary inventory from which the

periodic inventory, the Reasonable

Further Progress (RFP) projection

inventory, and the modeling inventory

are derived. Further information on

these inventories and their purpose can

be found in the ‘‘Emission Inventory

Requirements for Ozone State

Implementation Plans,’’ U.S.

Environmental Protection Agency,

Office of Air Quality Planning and

Standards, Research Triangle Park,

North Carolina, March 1991. The base

year inventory may also serve as part of

statewide inventories for purposes of

regional modeling in transport areas.

The base year inventory plays an

important role in modeling

demonstrations for areas classified as

moderate and above outside transport

regions.

The air quality planning requirements

for marginal to extreme ozone

nonattainment areas are set out in

section 182(a)–(e) of title I of the CAA.

The EPA has issued a General Preamble

describing the EPA’s preliminary views

on how the agency intends to review

SIP revisions submitted under title I of

the Act, including requirements for the

preparation of the 1990 base year

inventory [see 57 FR 13502; April 16,

1992 and 57 FR 18070; April 28, 1992].

Because the EPA is describing its

interpretations here only in broad terms,

the reader should refer to the General

Preamble for a more detailed discussion

of the interpretations of title I advanced

in today’s proposal and the supporting

rationale.

Those States containing ozone

nonattainment areas classified as
55522 Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations

1Memorandum from J. David Mobley, Chief,

Emission Inventory Branch, to Air Branch Chiefs,

Region I–X, ‘‘Guidance on States’’ Failure to Submit

Ozone and CO SIP Inventories,’’ November 12,

1992.

2Also Section 172(c)(7) of the Act requires that

plan provisions for nonattainment areas meet the

applicable provisions of section 110(a)(2).

3Memorandum from John Calcagni, Director, Air

Quality Management Division, and William G.

Laxton, Director, Technical Support Division, to

Regional Air Division Directors, Region I–X,

‘‘Public Hearing Requirements for 1990 Base-Year

Emission Inventories for Ozone and Carbon

Monoxide Nonattainment Areas,’’ September 29,

1992.

marginal to extreme are required under

section 182(a)(1) of the CAA to submit

a final, comprehensive, accurate, and

current inventory of actual ozone

season, weekday emissions from all

sources within 2 years of enactment

(November 15, 1992). New Hampshire

contains one marginal and two ozone

nonattainment areas, and therefore is

subject to this requirement. The

inventory is for calendar year 1990 and

is denoted as the base year inventory. It

includes both anthropogenic and

biogenic sources of volatile organic

compound (VOC), nitrogen oxides

(NOX), and carbon monoxide (CO). The

inventory is to address actual VOC,

NOX, and CO emissions for the area

during a peak ozone season, which is

generally comprised of the summer

months. All stationary point and area

sources, as well as mobile sources

within the nonattainment area, are to be

included in the compilation. Available

guidance for preparing emission

inventories is provided in the General

Preamble (57 FR 13498, April 16, 1992).

Emission inventories are first

reviewed under the completeness

criteria established under section

110(k)(1) of the CAAA (56 FR 42216,

August 26, 1991). According to section

110(k)(1)(C) if a submittal does not meet

the completeness criteria, ‘‘ the State

shall be treated as not having made the

submission.’’ Under sections 179(a)(1)

and 110(c)(1), a finding by EPA that a

submittal is incomplete is one of the

actions that initiates the sanctions and

Federal Implementation Plan (FIP)

processes (see David Mobley

memorandum, November 12, 1992).1

The Act requires States to observe

certain procedural requirements in

developing emission inventory

submissions to the EPA. Section

110(a)(2) of the Act provides that each

emission inventory submitted by a State

must be adopted after reasonable notice

and public hearing.2 Final approval of

the inventory will not occur until the

State revises the inventory to address

public comments. Changes to the

inventory that impact the 15 percent

reduction calculation and require a

revised control strategy will constitute a

SIP revision. EPA created a ‘‘de

minimis’’ exception to the public

hearing requirement for minor changes.

EPA defines ‘‘de minimis’’ for such

purposes to be those in which the 15

percent reduction calculation and the

associated control strategy or the

maintenance plan showing, do not

change. States will aggregate all such

‘‘de minimis’’ changes together when

making the determination as to whether

the change constitutes a SIP revision.

The State will need to make the change

through the formal SIP revision process,

in conjunction with the change to the

control measure or other SIP programs.3

Section 110(a)(2) of the Act similarly

provides that each revision to an

implementation plan submitted by a

State under the Act must be adopted by

such State after reasonable notice and

public hearing.

The inventory was submitted to the

EPA as a SIP revision on January 26,

1993, by cover letter from the

Governor’s designee. New Hampshire

re-submitted a final inventory to the

EPA on February 8, 1994. New

Hampshire submitted further revisions

to the inventory on May 19, 1994, June

13, 1994, January 19, 1995, and August

29, 1996. New Hampshire held several

public hearings on its 1990 base year

emission inventories, the last of which

occurred on August 2, 1996.

The EPA Region I Office has

compared the final New Hampshire

inventory with the deficiencies noted in

the various comment letters and

concluded that the State has adequately

addressed the issues raised by the EPA.

2. PAMS Network

On December 13, 1994, the New

Hampshire Department of

Environmental Services (DES)

submitted to the EPA a SIP revision

incorporating PAMS into the ambient

air quality monitoring network of State

or Local Air Monitoring Stations

(SLAMS) and National Air Monitoring

Stations (NAMS). The State will

establish and maintain PAMS as part of

its overall ambient air quality

monitoring network.

Section 182(c)(1) of the CAA and the

General Preamble (57 FR 13515) require

that the EPA promulgate rules for

enhanced monitoring of ozone, oxides

of nitrogen (NOX), and volatile organic

compounds (VOC) no later than 18

months after the date of the enactment

of the Act. These rules will provide a

mechanism for obtaining more

comprehensive and representative data

on ozone air pollution in areas

designated nonattainment and classified

as serious, severe or extreme.

The final PAMS rule was promulgated

by the EPA on February 12, 1993 (58 FR

8452). Section 58.40(a) of the revised

rule requires the State to submit a

PAMS network description, including a

schedule for implementation, to the

Administrator within six months after

promulgation or by August 12, 1993.

Further, § 58.20(f) requires the State to

provide for the establishment and

maintenance of a PAMS network within

nine months after promulgation of the

final rule or by November 12, 1993.

On December 13, 1994, the New

Hampshire DES submitted a proposed

PAMS network plan to the EPA that

included a schedule for

implementation. This submittal was

reviewed and approved on April 10,

1995 by the EPA and was judged to

satisfy the requirements of § 58.40(a).

Since network descriptions may change

annually, they are not part of the SIP as

recommended by the document,

‘‘Guideline for the Implementation of

the Ambient Air Monitoring

Regulations, 40 CFR part 58’’. However,

the network description is negotiated

and approved during the annual review

as required by 40 CFR §§ 58.25 and

58.36, respectively, and the revision to

be codified at 40 CFR § 58.46.

On April 19, 1994 and December 13,

1994, the New Hampshire DES

submitted the PAMS SIP revision to the

EPA. The EPA sent the State a letter on

July 12, 1994 finding the submittal

administratively complete.

The New Hampshire PAMS SIP

revision is intended to meet the

requirements of section 182(c)(1) of the

Act and affect compliance with the

PAMS regulations, to be codified at 40

CFR part 58, as promulgated on

February 12, 1993. The New Hampshire

DES held a public hearing on the PAMS

SIP revision on February 8, 1994.

II. Analysis of State Submission

1. Emission Inventory

Section 110(k) of the CAA sets out

provisions governing the EPA’s review

of base year emission inventory

submittals in order to determine

approval or disapproval under section

182 (a)(1) (see 57 FR 13565–13566,

April 16, 1992). The EPA is approving

the New Hampshire ozone base year

emission inventory submitted to the

EPA based on the Level I, II, and III

review findings. This section outlines

the review procedures performed to

determine if the base year emission

inventory is acceptable or should be

disapproved.
Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations 55523

4Memorandum from J. David Mobley, Chief,

Emissions Inventory Branch, to Air Branch Chiefs,

Region I–X, ‘‘Final Emission Inventory Level III

Acceptance Criteria,’’ October 7, 1992.

5Memorandum from John S. Seitz, Director,

Office of Air Quality Planning and Standards, to

Regional Air Division Directors, Region I–X,

‘‘Emission Inventory Issues,’’ June 24, 1993.

A. The Following Discussion Reviews

the State Base Year SIP Inventory

Approval Requirements

The Level I and II review process is

used to determine that all components

of the base year inventory are present.

The review also evaluates the level of

supporting documentation provided by

the State and assesses whether the

emissions were developed according to

current EPA guidance.

The Level III review process is

outlined here and consists of 10 points

that the inventory must include. For a

base year emission inventory to be

acceptable it must pass all of the

following acceptance criteria:

1. An approved Inventory Preparation

Plan (IPP) was provided and the QA

program contained in the IPP was

performed and its implementation

documented.

2. Adequate documentation was

provided that enabled the reviewer to

determine the emission estimation

procedures and the data sources used to

develop the inventory.

3. The point source inventory must be

complete.

4. Point source emissions must have

been prepared or calculated according

to the current EPA guidance.

5. The area source inventory must be

complete.

6. The area source emissions must

have been prepared or calculated

according to the current EPA guidance.

7. Biogenic emissions must have been

prepared according to current EPA

guidance or another approved

technique.

8. The method (e.g., Highway

Performance Modeling System or a

network transportation planning model)

used to develop vehicle miles travelled

(VMT) estimates must follow EPA

guidance, which is detailed in the

document, ‘‘Procedures for Emission

Inventory Preparation, Volume IV:

Mobile Sources,’’ U.S. Environmental

Protection Agency, Office of Mobile

Sources and Office of Air Quality

Planning and Standards, Ann Arbor,

Michigan, and Research Triangle Park,

North Carolina, December 1992.

9. The MOBILE model (or EMFAC

model for California only) was correctly

used to produce emission factors for

each of the vehicle classes.

10. Non-road mobile emissions were

prepared according to current EPA

guidance for all of the source categories.

The base year emission inventory will

be approved if it passes Levels I, II, and

III of the review process. Detailed Level

I and II review procedures can be found

in the following document; ‘‘Quality

Review Guidelines for 1990 Base Year

Emission Inventories’’, U.S.

Environmental Protection Agency,

Office of Air Quality Planning and

Standards, Research Triangle Park, NC,

July 27, 1992. Level III review

procedures are specified in a

memorandum from David Mobley and

G. T. Helms to the Regions ‘‘1990 O3/

CO SIP Emission Inventory Level III

Acceptance Criteria’’, October 7, 1992 4

and revised in a memorandum from

John Seitz to the Regional Air Directors

dated June 24, 1993. 5

New Hampshire’s base year emission

inventories meet each of these ten

criteria. Documentation of the EPA’s

evaluation, including details of the

review procedure, is contained within

the technical support document

prepared for the New Hampshire 1990

base year inventories, which is available

to the public as part of the docket

supporting this action.

2. PAMS Network

The New Hampshire PAMS SIP

revision will provide the State with the

authority to establish and operate the

PAMS sites, secure State funds for

PAMS and provide the EPA with the

authority to enforce the implementation

of PAMS, since their implementation is

required by the Act.

The criteria used to review the

proposed SIP revision are derived from

the PAMS regulations, codified at 40

CFR Part 58, ‘‘Guideline for the

Implementation of the Ambient Air

Monitoring Regulations 40 CFR part 58’’

(EPA–450/4–78–038, Office of Air

Quality Planning and Standards,

November 1979), the September 2, 1993,

memorandum from G. T. Helms

entitled, ‘‘Final Boilerplate Language for

the PAMS SIP Submittal’’, the CAA, and

the General Preamble.

The September 2, 1993, Helms

boilerplate memorandum stipulates that

the PAMS SIP, at a minimum, must:

provide for monitoring of criteria

pollutants, such as ozone and nitrogen

dioxide and non-criteria pollutants,

such as nitrogen oxides, speciated

VOCs, including carbonyls, as well as

meteorological parameters; provide a

copy of the approved (or proposed)

PAMS network description, including

the phase-in schedule, for public

inspection during the public notice and/

or comment period provided for in the

SIP revision or, alternatively, provide

information to the public upon request

concerning the State’s plans for

implementing the rules; make reference

to the fact that PAMS will become a part

of the State or local air monitoring

stations (SLAMS) network; and provide

a statement that SLAMS will employ

Federal reference (FRM) or equivalent

methods while most PAMS sampling

will be conducted using methods

approved by the EPA which are not

FRM or equivalent.

The New Hampshire PAMS SIP

revision provides that the State will

implement PAMS as required in 40 CFR

part 58, as amended February 12, 1993.

The State will amend its SLAMS and its

National Air Monitoring Stations

(NAMS) monitoring systems to include

the PAMS requirements. It will develop

its PAMS network design and establish

monitoring sites pursuant to 40 CFR

part 58 in accordance with an approved

network description and as negotiated

with the EPA through the 105 grant

process on an annual basis. The State

has begun implementing its PAMS

network as required in 40 CFR Part 58.

The New Hampshire PAMS SIP

revision also includes a provision to

meet quality assurance requirements as

contained in 40 CFR Part 58, Appendix

A. The State also assures that the State’s

PAMS monitors will meet monitoring

methodology requirements contained in

40 CFR Part 58, Appendix C. Lastly, the

State assures that the New Hampshire

PAMS network will be phased in over

a period of five years as required in

§ 58.44. The State’s PAMS SIP submittal

and the EPA’s technical support

document are available for viewing at

the EPA Region I Office as outlined

under the ‘‘Addresses’’ section of this

Federal Register document. The State’s

PAMS SIP submittal is also available for

viewing at the New Hampshire State

Office as outlined under the ADDRESSES

section of this Federal Register

document.

III. Final Action

1. Emission Inventory

New Hampshire has submitted

complete inventories containing point,

area, biogenic, on-road mobile, and nonroad mobile source data, and

accompanying documentation.

Emissions from these sources are

presented in the following table:
55524 Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations

VOC

[Ozone Seasonal Emissions in Tons Per Day]

NAA Area source

emissions

Point

source

emissions

On-road

mobile

emissions

Non-road

mobile

emissions

Biogenic Total emissions

Por-Dov-Roc ..................................................................... 10.47 4.30 18.38 7.84 35.00 76.00

Bos-Law-Wor .................................................................... 17.37 6.73 27.13 4.65 36.05 91.93

Manchester ....................................................................... 18.25 4.16 28.58 5.19 114.16 170.33

NOX

[Ozone Seasonal Emissions in Tons Per Day]

NAA Area source

emissions

Point

source

emissions

On-road

mobile

emissions

Non-road

mobile

emissions

Biogenic Total emissions

Por-Dov-Roc ..................................................................... 2.71 23.12 18.96 1.93 NA 46.72

Bos-Law-Wor .................................................................... 4.56 0.85 26.38 1.95 NA 33.73

Manchester ....................................................................... 4.83 73.43 33.70 2.37 NA 114.34

CO

[Ozone Seasonal Emissions in Tons Per Day]

NAA Area source

emissions

Point

source

emissions

On-road

mobile

emissions

Non-road

mobile

emissions

Biogenic Total emissions

Por-Dov-Roc ..................................................................... 1.34 1.72 146.75 29.64 NA 179.44

Bos-Law-Wor .................................................................... 2.25 0.09 206.44 35.85 NA 244.63

Manchester ....................................................................... 2.39 1.63 252.51 44.81 NA 301.35

New Hampshire has satisfied all of

the EPA’s requirements for providing a

comprehensive, accurate, and current

inventory of actual ozone precursor

emissions in the three nonattainment

areas in the State. The inventory is

complete and approvable according to

the criteria set out in the November 12,

1992 memorandum from J. David

Mobley, Chief Emission Inventory

Branch, TSD to G.T. Helms, Chief

Ozone/Carbon Monoxide Programs

Branch, AQMD.

In today’s final action, the EPA is

fully approving the SIP 1990 base year

ozone emission inventories submitted

by New Hampshire to the EPA for the

Portsmouth-Dover-Rochester serious

nonattainment area, the New Hampshire

portion of the Boston-LawrenceWorcester serious nonattainment area,

and the Manchester marginal

nonattainment area as meeting the

requirements of section 182(a)(1) of the

CAA.

2. PAMS Network

In today’s action, the EPA is fully

approving the revision to the New

Hampshire ozone SIP for PAMS.

The EPA is publishing these actions

without prior proposal because the

Agency views them as noncontroversial

amendments and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing to

approve these SIP revisions and

soliciting public comment on them.

This action will be effective December

26, 1997 unless, by November 26, 1997

adverse or critical comments are

received.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by publishing a

subsequent rule that will withdraw the

final actions. All public comments

received will then be addressed in a

subsequent final rule based on this

action serving as a proposed rule. The

EPA will not institute a second

comment period on this action. Any

parties interested in commenting on this

action should do so at this time. If no

such comments are received, the public

is advised that this action will be

effective December 26, 1997.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors, in relation to relevant statutory

and regulatory requirements.

IV. Administrative Requirements

A. Executive Order 12866

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995 memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget (OMB) has exempted this

regulatory action from E.O. 12866

review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et. seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements but

simply approve requirements that the

State is already imposing. Therefore,
Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations 55525

because the Federal SIP approval does

not impose any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the CAA, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA,

427 U.S. 246, 255–66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to the private sector, of

$100 million or more. Under Section

205, EPA must select the most costeffective and least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Section 203

requires EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by December 26,

1997. Filing a petition for

reconsideration by the Administrator of

this final rule does not affect the finality

of this rule 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).) EPA encourages interested

parties to comment in response to the

proposed rule rather than petition for

judicial review, unless the objection

arises after the comment period allowed

for in the proposal.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Nitrogen dioxide, Ozone.

Note: Incorporation by reference of the

State Implementation Plan for the State of

New Hampshire was approved by the

Director of the Federal Register on July 1,

1982.

Dated: September 29, 1997.

John P. DeVillars,

Regional Administrator, Region I.

40 CFR part 52 is amended as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7642.

Subpart EE—New Hampshire

2. Section 52.1533 is added to read as

follows:

§ 52.1533 Emission inventories.

(a) The Governor’s designee for the

State of New Hampshire submitted a

1990 base year emission inventory for

the entire state on January 26, 1993 as

a revision to the State Implementation

Plan (SIP). Subsequent revisions to the

State’s 1990 inventories were made, the

last of which occurred on August 29,

1996. The 1990 base year emission

inventory requirement of section

182(a)(1) of the Clean Air Act, as

amended in 1990, has been satisfied for

the three nonattainment areas in the

State. The three areas are the

Portsmouth-Dover-Rochester serious

area, the New Hampshire portion of the

Boston-Lawrence-Worcester serious

area, and the Manchester marginal area.

(b) The inventory is for the ozone

precursors which are volatile organic

compounds, nitrogen oxides, and

carbon monoxide. The inventory covers

point, area, non-road mobile, on-road

mobile, and biogenic sources.

(c) The Portsmouth-Dover-Rochester

serious nonattainment area includes all

of Strafford County and part of

Rockingham County. The New

Hampshire portion of the BostonLawrence-Worcester serious area

includes portions of Hillsborough and

Rockingham Counties. The Manchester

marginal area contains all of Merrimack

County and portions of Hillsborough

and Rockingham Counties.

3. Section 52.1520 is amended by

adding paragraph (c)(52) to read as

follows:

§ 52.1520 Identification of plan.

(c) * * *

(52) A revision to the New Hampshire

SIP regarding ozone monitoring. The

State of New Hampshire will modify its

SLAMS and its NAMS monitoring

systems to include a PAMS network

design and establish monitoring sites.

The State’s SIP revision satisfies 40 CFR

58.20(f) PAMS requirements.

(i) Incorporation by reference.

(A) State of New Hampshire

Photochemical Assessment Monitoring

Stations—Network Plan—Network

Overview.

(ii) Additional material.

(A) NH–DES letter dated December

13, 1994, and signed by Thomas M.

Noel, Acting Director, NH–DES.

[FR Doc. 97–28371 Filed 10–24–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 5, 21, 22, 23, 24, 25, 26,

27, 73, 74, 78, 80, 87, 90, 95, 97, and

101

[ET Docket No. 96–2; FCC 97–347]

Arecibo Coordination Zone

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This Report and Order

establishes a Coordination Zone that

covers the islands of Puerto Rico,

Desecheo, Mona, Vieques, and Culebra

within the Commonwealth of Puerto

Rico (the Puerto Rican Islands). The

Coordination Zone requires applicants

for new and modified radio facilities in

various communications services within

the Coordination Zone to provide

notification of their proposed operations

to the Arecibo Radio Astronomy

Observatory (Observatory) near Arecibo,