Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Rules and Regulations 6741 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

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

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by April 1, 2013. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Sulfur oxides, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: December 19, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph(c)(404)(i)(D) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(404) * * * 

(i) * * * 

(D) San Joaquin Valley Unified Air 

Pollution Control District. 

(1) Rule 4354, ‘‘Glass Melting 

Furnaces,’’ amended on May 19, 2011. 

* * * * * 

[FR Doc. 2013–02015 Filed 1–30–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R01–OAR–2012–0290; FRL–9768–7] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; New Hampshire; 

Redesignation of the Southern New 

Hampshire 1997 8-Hour Ozone 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving: the State of 

New Hampshire’s request to redesignate 

the Boston-Manchester-Portsmouth (SE), 

New Hampshire moderate 8-hour ozone 

nonattainment area to attainment for the 

1997 8-hour ozone National Ambient 

Air Quality Standard (NAAQS); a State 

Implementation Plan (SIP) revision 

containing a 10-year ozone maintenance 

plan for this area; a 2008 comprehensive 

emissions inventory for the area; and 

new motor vehicle emissions budgets 

(MVEBs) for the years 2008 and 2022 

that are contained in the 10-year ozone 

maintenance plan for this area. 

DATES: Effective Date: This rule is 

effective on March 4, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2012–0290. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, Suite 1100, Boston, 

MA. EPA requests that if at all possible, 

you contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. Copies of the 

documents relevant to this action are 

also available for public inspection 

during normal business hours, by 

appointment at the State Air Agency: 

Air Resources Division, Department of 

Environmental Services, 6 Hazen Drive, 

Concord, NH. 

FOR FURTHER INFORMATION CONTACT: 

Richard P. Burkhart, Air Quality 

Planning Unit, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, One Congress Street, 

Suite 1100 (CAQ), Boston, MA 02114– 

2023, telephone number (617) 918– 

1664, fax number (617) 918–0664, email 

Burkhart.Richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Final Action 

III. Statutory and Executive Orders 

I. Background 

On October 25, 2012 (77 FR 65151), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of New 

Hampshire. The NPR proposed approval 

of New Hampshire’s request to 

redesignate the Boston-ManchesterPortsmouth (SE), New Hampshire 1997 

8-hour ozone nonattainment area 

(hereafter, the ‘‘Southern NH’’ area) and 

a SIP revision that establishes a 

maintenance plan for this area. The 

maintenance plan sets forth how the 

area will maintain attainment of the 

1997 8-hour ozone NAAQS for the next 

10 years in accordance with Section 

175A of the Clean Air Act (CAA). The 

NPR also proposed approval of the 

motor vehicle emission budgets 

(MVEBs) associated with the 

maintenance plan, as well as a 2008 

comprehensive emission inventory for 

the area. The New Hampshire 

Department of Environmental Services 

(NH DES) submitted the request to 

redesignate the Southern NH area to 

attainment of the 1997 8-hour ozone 

standard on March 2, 2012, with a 

supplement submitted on September 21, 

2012. The specific details of New 

Hampshire’s redesignation request, 

175A maintenance plan, and MVEBs, 

and the rationale for EPA’s proposed 


tkelley on DSK3SPTVN1PROD with 
6742 Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Rules and Regulations 

approval are explained in the NPR and 

will not be restated here. No public 

comments were received on the NPR. 

The NPR stated that EPA would act 

on several outstanding issues before we 

finalized approval of the redesignation 

request and the associated maintenance 

plan. All outstanding actions have been 

completed. The final rulemaking notice 

on the determinations of attainment for 

the New Hampshire areas for the onehour ozone standard was published on 

October 30, 2012 (77 FR 65625). The 

approval of New Hampshire’s 

Reasonably Available Control 

Technology (RACT) Certification SIP for 

the 1997 8-hour ozone standard was 

published on November 5, 2012 (77 FR 

66388). The approval of New 

Hampshire’s SIP addressing EPA’s 2006, 

2007, and 2008 Control Technique 

Guidelines (CTGs) was published on 

November 8, 2012 (77 FR 66921). 

Finally, the approval of New 

Hampshire’s Vehicle Inspection and 

Maintenance (I/M) SIP was signed by 

the Regional Administrator on 

November 14, 2012 and forwarded for 

publication in the Federal Register. A 

copy of the signed approval of New 

Hampshire’s I/M SIP is available in the 

docket for this action. In addition, 

preliminary 2012 ozone data available 

for the area is well below the 1997 

ozone NAAQS. 

II. Final Action 

EPA is approving the State of New 

Hampshire’s March 2, 2012 

(supplemented on September 21, 2012) 

redesignation request and maintenance 

plan for the Southern NH area, because 

the requirements for approval have been 

satisfied. EPA has evaluated New 

Hampshire’s redesignation request, and 

determined that it meets the 

redesignation criteria set forth in section 

107(d)(3)(E) of the Clean Air Act. EPA 

believes that the redesignation request 

and monitoring data demonstrate that 

the area has attained the 1997 8-hour 

ozone standard. The final approval of 

this redesignation request will change 

the designation of the Southern NH area 

from nonattainment to attainment for 

the 1997 8-hour ozone standard. EPA is 

also approving the associated ozone 

maintenance plan for this area, 

submitted on March 2, 2012, and 

supplemented on September 21, 2012, 

as a revision to the New Hampshire SIP. 

EPA is approving the ozone 

maintenance plan for the area because it 

meets the requirements of section 175A 

of the CAA. In addition, EPA is also 

withdrawing the previously SIPapproved 2009 MVEBs prepared with 

the MOBILE6.2 model and approving 

the 2008 and 2022 MVEBs prepared 

with the MOVES model that are 

associated with the ozone maintenance 

plan. Finally, EPA is approving the 2008 

comprehensive emission inventory for 

the Southern NH area under CAA 

section 182(a)(1). 

III. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. These actions do not impose 

additional requirements beyond those 

imposed by state law and the CAA. For 

that reason, these actions: 

• Are not ‘‘significant regulatory 

actions’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are 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.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• Are 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 

• Do not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because 

redesignation is an action that affects 

the status of a geographical area and 

does not impose any new regulatory 

requirements on tribes, impact any 

existing sources of air pollution on 

tribal lands, nor impair the maintenance 

of ozone national ambient air quality 

standards in tribal lands. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by April 1, 2013. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this action for the purposes of 

judicial review nor does it extend the 

time within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 


tkelley on DSK3SPTVN1PROD with 
Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Rules and Regulations 6743 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: December 27, 2012. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

40 CFR parts 52 and 81 are amended 

as follows: 

PART 52—[APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart EE—New Hampshire 

■ 2. Section 52.1534 is amended by 

adding paragraph (i) to read as follows: 

§ 52.1534 Control strategy: Ozone. 

* * * * * 

(i) Approval—EPA is approving a 

redesignation request for the BostonManchester-Portsmouth (SE), New 

Hampshire moderate 1997 8-hour ozone 

nonattainment area. New Hampshire 

submitted this request on March 2, 

2012, and supplemented this submittal 

on September 21, 2012. As part of the 

redesignation request, the State 

submitted a maintenance plan as 

required by section 175A of the Clean 

Air Act. Elements of the section 175 

maintenance plan include a contingency 

plan and an obligation to submit a 

subsequent maintenance plan revision 

as required by the Clean Air Act. The 

ozone maintenance plan also establishes 

2008 and 2022 Motor Vehicle Emission 

Budgets (MVEBs) for the area. New 

Hampshire is establishing 2008 MVEBs 

of 17.8 tons per summer weekday 

(tpswd) of VOC and 37.2 tpswd of NOX, 

for the Boston-Manchester-Portsmouth 

(SE), New Hampshire 1997 8-hour 

ozone maintenance area. In addition, 

New Hampshire is establishing MVEBs 

for 2022 at 9.2 tpswd of VOC and 11.8 

tpswd of NOX, for the same area. The 

2008 and 2022 MVEBs were prepared 

with the MOVES model. Previously SIPapproved 2009 MVEBs prepared with 

MOBILE6.2 are being withdrawn. 

Finally, EPA is also approving a 

comprehensive 2008 emission inventory 

for this area. 

PART 81—[DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES] 

■ 3. The authority citation for part 81 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 4. Section 81.330 is amended by 

revising the entry for the BostonManchester-Portsmouth (SE), in the 

New Hampshire 1997 8-hour Ozone 

NAAQS (Primary and Secondary) table 

to read as follows: 

§ 81.330 New Hampshire 

* * * * * 

NEW HAMPSHIRE—1997 8-HOUR OZONE NAAQS (PRIMARY AND SECONDARY) 

Designated area 

Designation a Category/Classification 

Date 1 Type Date 1 Type 

Boston-Manchester-Portsmouth (SE), NH: 

Hillsborough County (part) Amherst Town, Bedford Town, Brookline 

Town, Goffstown Town, Hollis Town, Hudson Town, Litchfield Town, 

Manchester City, Merrimack Town, Milford Town, Nashua City, Pelham 

Town.

3/4/2013 Attainment 

Merrimack County (part) Hooksett Town .................................................... 3/4/2013 Attainment 

Rockingham County (part) Atkinson Town, Auburn Town, Brentwood 

Town, Candia Town, Chester Town, Danville Town, Derry Town, E. 

Kingston Town, Epping Town, Exeter Town, Fremont Town, Greenland 

Town, Hampstead Town, Hampton Town, Hampton Falls Town, Kensington Town, Kingston Town, Londonderry Town, New Castle Town, 

Newfields Town, Newington Town, Newmarket Town, Newton Town, 

North Hampton Town, Plaistow Town, Portsmouth City, Raymond 

Town, Rye Town, Salem Town, Sandown Town, Seabrook Town, 

South Hampton Town, Stratham Town, Windham Town.

3/4/2013 Attainment 

Strafford County (part) Dover City, Durham Town, Rochester City, 

Rollinsford Town, and Somersworth City.

3/4/2013 Attainment 

* * * * * * * 

a Includes Indian country located in each county or area, except otherwise specified. 

1This date is June 15, 2004, unless otherwise noted. 

* * * * * 

[FR Doc. 2013–00182 Filed 1–30–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2013–0002] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 


tkelley on DSK3SPTVN1PROD with