[Federal Register Volume 62, Number 207 (Monday, October 27, 1997)]
[Rules and Regulations]
[Pages 55521-55525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28371]


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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.

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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

[[Page 55522]]

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 
(NO<INF>X</INF>), and carbon monoxide (CO). The inventory is to address 
actual VOC, NO<INF>X</INF>, 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).<SUP>1</SUP>
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    \1\ Memorandum 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.
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    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.<SUP>2</SUP> 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.<SUP>3</SUP> 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.
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    \2\ Also Section 172(c)(7) of the Act requires that plan 
provisions for nonattainment areas meet the applicable provisions of 
section 110(a)(2).
    \3\ Memorandum 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.
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    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 (NO<INF>X</INF>), 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, Sec. 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 
Sec. 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 Secs. 58.25 and 58.36, 
respectively, and the revision to be codified at 40 CFR Sec. 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.

[[Page 55523]]

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 <SUP>4</SUP> and revised in a 
memorandum from John Seitz to the Regional Air Directors dated June 24, 
1993. <SUP>5</SUP>
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    \4\ Memorandum 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.
    \5\ Memorandum 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.
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    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 
Sec. 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 non-road mobile source data, and 
accompanying documentation. Emissions from these sources are presented 
in the following table:

[[Page 55524]]



                                                       VOC                                                      
                                   [Ozone Seasonal Emissions in Tons Per Day]                                   
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                                                    Point       On-road      Non-road                           
                NAA                 Area source     source       mobile       mobile      Biogenic      Total   
                                     emissions    emissions    emissions    emissions                 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
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                                                       NO<INF>X                                                      
                                   [Ozone Seasonal Emissions in Tons Per Day]                                   
----------------------------------------------------------------------------------------------------------------
                                                    Point       On-road      Non-road                           
                NAA                 Area source     source       mobile       mobile      Biogenic      Total   
                                     emissions    emissions    emissions    emissions                 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
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                                                       CO                                                       
                                   [Ozone Seasonal Emissions in Tons Per Day]                                   
----------------------------------------------------------------------------------------------------------------
                                                    Point       On-road      Non-road                           
                NAA                 Area source     source       mobile       mobile      Biogenic      Total   
                                     emissions    emissions    emissions    emissions                 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
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    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-Lawrence-Worcester 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,

[[Page 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 cost-effective 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:


Sec. 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 Boston-Lawrence-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:


Sec. 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]
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