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[Federal Register Volume 81, Number 99 (Monday, May 23, 2016)]
[Rules and Regulations]
[Pages 32235-32239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11963]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2012-0289; FRL-9946-69-Region 1]

Air Plan Approval; New Hampshire; Ozone Maintenance Plan

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of New 
Hampshire that contains an ozone maintenance plan for New Hampshire's 
former 1-hour ozone nonattainment areas. The Clean Air Act requires 
that areas that are designated attainment for the 1997 8-hour ozone 
standard, and also had been previously designated either nonattainment 
or maintenance for the 1-hour ozone standard, develop a plan showing 
how the state will maintain the ozone standard for the area. The 
intended effect of this action is to approve New Hampshire's 
maintenance plan. This action is being taken in accordance with the 
Clean Air Act.

DATES: This direct final rule will be effective July 22, 2016, unless 
EPA receives adverse comments by June 22, 2016. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2012-0289 at http://www.regulations.gov, or via email to 
arnold.anne@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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Anne Arnold, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, Suite 100, Mail Code OEP05-
02, Boston, MA 02109-3912, telephone number (617) 918-1047, fax number 
(617) 918-0047, email arnold.anne@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. What is the background for this action?
II. What action is EPA taking?

[[Page 32236]]

III. What is a Section 110(a)(1) maintenance plan?
IV. How has New Hampshire addressed the components of a Section 
110(a)(1) maintenance plan?
V. Final Action
VI. Statutory and Executive Order Reviews

I. What is the background for this action?

    This action addresses requirements associated with the transition 
from the 1-hour National Ambient Air Quality Standards (NAAQS) for 
ground-level ozone to the 1997 8-hour ozone NAAQS.
    EPA has established, and periodically reviews and revises, the 
NAAQS for ground-level ozone. On July 18, 1997 (62 FR 38855), EPA 
published a final rule for a new 8-hour ozone standard of 0.08 parts 
per million (ppm). On April 30, 1994 (69 FR 23858), EPA designated and 
classified areas for the 1997 8-hour ozone NAAQS. Also, on April 30, 
2004 (69 FR 23951), EPA published the Phase 1 rule for implementation 
of the 1997 8-hour ozone NAAQS. Among other requirements, this rule set 
forth requirements for anti-back sliding purposes for areas designated 
attainment for the 1997 8-hour ozone standard.
    Subsequently, in 2008, and in 2015, EPA again revised the ozone 
NAAQS to 0.075 ppm and 0.070 ppm, respectively.

II. What action is EPA taking?

    EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of New Hampshire on March 2, 2012. The SIP 
revision consists of the Clean Air Act (CAA or Act) section 110(a)(1) 
ozone maintenance plan for the 1997 8-hour ozone standard for New 
Hampshire. The maintenance plan demonstrates how the state intends to 
maintain the 1997 8-hour National Ambient Air Quality Standard for 
ozone.
    The CAA section 110(a)(1) maintenance plan requirement applies to 
areas that are designated as attainment/unclassifiable for the 1997 8-
hour ozone standard and also had a designation of either nonattainment 
or attainment with an approved maintenance plan for the 1-hour ozone 
standard as of June 15, 2004, the effective date of the 1997 8-hour 
ozone standard designation for these areas (See 69 FR 23857). In New 
Hampshire, this area consists of the cities and towns listed in Table 
1.

    Table 1--1-Hour Ozone Nonattainment/Maintenance Areas Designated
  Unclassifiable/Attainment for the 8-Hour Standard as of June 15, 2004
               [= New Hampshire maintenance planning area]
------------------------------------------------------------------------
            Area                   County      Cities and towns included
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Boston-Lawrence-Worcester     Hillsborough     Mont Vernon, Wilton.
 Area.                         (part).
Manchester Area.............  Hillsborough     Antrim, Bennington,
                               (part).          Deering, Francestown,
                                                Greenfield, Greenville,
                                                Hancock, Hillsborough,
                                                Lyndeborough, Mason, New
                                                Boston, New Ipswich,
                                                Peterborough, Sharon,
                                                Temple, Weare, Windsor.
                              Merrimack        Allenstown, Andover,
                               (part).          Boscawen, Bow, Bradford,
                                                Canterbury, Chichester,
                                                Concord, Danbury,
                                                Dunbarton, Epsom,
                                                Franklin, Henniker,
                                                Hill, Hopkinton, Loudon,
                                                New London, Newbury,
                                                Northfield, Pembroke,
                                                Pittsfield, Salisbury,
                                                Sutton, Warner, Webster,
                                                Wilmot.
Rockingham County...........  Rockingham       Deerfield, Northwood,
                               (part).          Nottingham.
Strafford County............  Strafford        Barrington, Farmington,
                               (part).          Lee, Madbury, Middleton,
                                                Milton, New Durham,
                                                Strafford.
Cheshire County.............  Cheshire (all).  Alstead, Chesterfield,
                                                Dublin, Fitzwilliam,
                                                Gilsum, Harrisville,
                                                Hinsdale, Jaffrey,
                                                Keene, Marlborough,
                                                Marlow, Nelson,
                                                Richmond, Rindge,
                                                Roxbury, Stoddard,
                                                Sullivan, Surry,
                                                Swanzey, Troy, Walpole,
                                                Westmoreland,
                                                Winchester.
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III. What is a Section 110(a)(1) maintenance plan?

    Pursuant to section 110(a)(1) of the Clean Air Act, the 
implementation rule for the 1997 ozone standard requires that areas 
that were either nonattainment or maintenance areas for the 1-hour 
ozone NAAQS, but attainment for the 1997 8-hour ozone NAAQS, submit a 
plan to demonstrate the continued maintenance of the 1997 8-hour ozone 
NAAQS. EPA established June 15, 2007, three years after the effective 
date of the initial 1997 8-hour ozone designations, as the deadline for 
submission of plans for these areas. See 40 CFR 51.905.
    On May 20, 2005, EPA issued guidance \1\ that applies, in part, to 
areas that are designated attainment/unclassifiable for the 1997 8-hour 
ozone standard and either have an approved 1-hour ozone maintenance 
plan or were designated nonattainment of the 1-hour ozone standard. The 
purpose of the guidance is to assist the states in the development of a 
section 110(a)(1) maintenance plan SIP. There are five components of a 
section 110(a)(1) maintenance plan which are: (1) An attainment 
inventory, which is based on actual typical summer day emissions of 
volatile organic compounds (VOCs) and oxides of nitrogen 
(NOX) for a ten-year period from a base year as chosen by 
the state; (2) a maintenance demonstration which shows how the area 
will remain in compliance with the 1997 8-hour ozone standard for 10 
years after the effective date of designations (June 15, 2004); (3) a 
commitment to continue to operate air quality monitors; (4) a 
contingency plan that will ensure that a violation of the 1997 8-hour 
ozone NAAQS is promptly addressed; and (5) an explanation of how the 
state will track the progress of the maintenance plan.
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    \1\ ``Maintenance Plan Guidance Document for Certain 8-hour 
Ozone Areas Under Section 110(a)(1) of Clean Air Act,'' EPA 
memorandum dated May 20, 2005, from Lydia Wegman to Air Division 
Directors.
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    Subsequently, in the implementation rule for the 2008 ozone NAAQS 
(80 FR 12264; March 6, 2015), EPA revoked the 1997 8-hour ozone 
standard. Nevertheless, New Hampshire's March 2, 2012 SIP revision of a 
Section 110(a)(1) ozone maintenance plan for the 1997 8-hour ozone 
standard is pending before us, so we are taking action on it at this 
time.

IV. How has New Hampshire addressed the components of a Section 
110(a)(1) maintenance plan?

    EPA has determined that the New Hampshire Department of

[[Page 32237]]

Environmental Services (NHDES) 1997 8-hour ozone maintenance plan 
addresses all of the necessary components of a Section 110(a)(1) 1997 
8-hour ozone maintenance plan as discussed below.

A. Emissions Inventory

    An emissions inventory is an itemized list of emission estimates 
for sources of air pollution in a given area for a specified time 
period. NHDES has provided a comprehensive emissions inventory for 
ozone precursors (NOX and VOCs) in the area. NHDES uses 2002 
as the base year from which it projects emissions. The submittal also 
includes an explanation of the methodology used for determining the 
anthropogenic emissions (point, area, and mobile sources) in the 
maintenance area. The inventory is based on emissions for a ``typical 
summer day.''

B. Maintenance Demonstration

    With regard to demonstrating continued maintenance of the 1997 8-
hour ozone standard, NHDES projects that the total emissions from the 
maintenance area will decrease during the ten-year maintenance period. 
NHDES has projected emissions from 2002 until 2014. The projected trend 
in emissions is downward. This clearly demonstrates that the 1997 8-
hour ozone standard will be maintained for the ten year period between 
2004 and 2014, which is the required test.
    Table 2 shows the total VOC and NOx emissions for the maintenance 
area in New Hampshire for the base year (2002), an interim year (2012), 
and a final year (2014).\2\ More detailed emissions tables can be found 
in the NHDES submittal. The trend in emissions is downward, for each 
pollutant in the area. As such, the plan demonstrates that, from an 
emissions projections standpoint, emissions are projected to decrease.
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    \2\ It should be noted that the emissions shown in this table 
are for the entire five counties named, rather than the somewhat 
smaller maintenance area, due to the difficulty of parsing out 
inventory data to a sub-county basis. This difference is not 
considered significant, and does not affect the downward trend shown 
in the emissions.

              Table 2--2002, 2012, and 2014 VOC and NOX Emissions for Cheshire, Hillsborough, Merrimack, Rockingham, and Strafford Counties
                                                                    [Pounds per day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                VOC                                             NOX
                     Source category                     -----------------------------------------------------------------------------------------------
                                                               2002            2012            2014            2002            2012            2014
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................          15,898           6,696           7,005          67,347          48,358          50,739
Area....................................................          93,778          85,443          91,068          10,516           9,091           9,134
Non-Road Mobile.........................................          68,223          40,210          35,121          49,787          36,131          31,215
On-Road Mobile..........................................          87,161          36,904          34,245         261,303          75,202          62,347
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................         265,060         169,253         167,439         388,953         168,782         153,435
--------------------------------------------------------------------------------------------------------------------------------------------------------

C. Ambient Monitoring

    With regard to the ambient air monitoring component of a 
maintenance plan, New Hampshire's submittal describes the ozone 
monitoring network in the maintenance area and New Hampshire commits to 
the continuing operation of an effective air quality monitoring network 
to verify the area's attainment status in accordance with the Code of 
Federal Regulations (CFR), specifically, 40 CFR part 58. New 
Hampshire's SIP revision was submitted on March 2, 2012 and includes 
ozone design values \3\ for 2010 and 2011 which demonstrate that the 
maintenance area is meeting the 0.08 ppm 1997 8-hour ozone standard. In 
addition, based on more recent ozone data from 2014, all of New 
Hampshire meets the 1997 8-hour ozone standard. Furthermore, 
preliminary ozone data for 2015 shows that all of New Hampshire 
continues to meet the 1997 8-hour ozone standard. Table 3 shows the 
ozone design values for each monitor in the five county area listed in 
Table 2. As noted in Table 1, portions of these counties make up New 
Hampshire's maintenance area.
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    \3\ The design value at an ozone monitor is the 3-year average 
annual fourth-highest daily maximum 8-hour average ozone 
concentration measured at that monitor. The design value for an area 
is the highest design value recorded at any monitor in the area.

              Table 3--Ozone Design Values (ppm) for Monitors in the New Hampshire Maintenance Area
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                                                                                           Design Value
                        Monitor location                            AQS \4\ No.  -------------------------------
                                                                                       2014          2015 \5\
----------------------------------------------------------------------------------------------------------------
Keene...........................................................       330050007           0.062           0.060
Peterborough....................................................       330115001           0.070           0.067
Nashua..........................................................       330111011           0.066           0.064
Concord.........................................................       330131007           0.063           0.062
Portsmouth......................................................       330150014           0.068           0.066
Rye.............................................................       330150016           0.068           0.068
Londonderry.....................................................       330150018           0.067           0.065
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D. Contingency Measures

    EPA interprets section 110(a)(1) of the CAA to require that the 
state develop a contingency plan that will ensure that any violation of 
a NAAQS is promptly corrected. Therefore, as required by section 
110(a)(1) of the Act, New Hampshire has listed in its submittal 
possible contingency measures, as well as a protocol the state will 
follow, in the event of a future ozone air quality problem. As noted in 
New Hampshire's

[[Page 32238]]

SIP revision, at the conclusion of each ozone season, NHDES will 
evaluate whether the design value for any ozone monitor in the 
maintenance area meets the 1997 8-hour ozone standard. If the design 
value is above the standard, NHDES will evaluate the potential causes 
of this design value increase, specifically, whether this increase is 
due to an increase in local in-state emissions, an increase in upwind 
out-of-state emissions, or an exceptional event as defined in 40 CFR 
50.1. If an increase in in-state emissions is determined to be a 
contributing factor to the design value increase, NHDES will evaluate 
the projected in-state emissions for the maintenance area for the ozone 
season in the following year. If in-state emissions are not expected to 
satisfactorily decrease in the following ozone season in order to 
mitigate the violation, New Hampshire will implement one or more of the 
contingency measures listed in the submittal, or substitute other VOC 
or NOx control measures to achieve additional in-state emission 
reductions. The contingency measure(s) will be selected by the 
Governor, or the Governor's designee, within six months of the end of 
the ozone season for which contingency measures have been determined 
necessary. Further details on the types of possible control measures to 
be used as contingencies can be found in the New Hampshire submittal. 
New Hampshire's submittal satisfies EPA's contingency measure 
requirements.
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    \4\ AQS is EPA's Air Quality System. States submit ozone 
monitoring data to AQS.
    \5\ Ozone design values for 2015 are based on preliminary data.
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E. Tracking Progress

    New Hampshire's SIP revision notes that the State will track the 
maintenance of attainment by analyzing air quality trends at local 
monitors and annually updating the state's emissions inventories. NHDES 
produces comprehensive emission inventories on a three-year cycle and 
revises the inventories annually using updated emissions data for the 
largest sources.
    Finally, as a practical matter, at this point in time, the 10 year 
maintenance period (2004-2014) has ended and, as noted by the ozone 
design values in Table 3 above, the area has maintained the 1997 8-hour 
ozone standard.

V. Final Action

    EPA is approving into the New Hampshire SIP the Clean Air Act 
Section 110(a)(1) 1997 8-hour ozone maintenance plan for the New 
Hampshire area that is required to have such a plan. This area includes 
the cities and towns listed in Table 1 above.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective July 
22, 2016 without further notice unless the Agency receives relevant 
adverse comments by June 22, 2016.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on July 22, 2016 and no further action will be 
taken on the proposed rule. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (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).
    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 July 22, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for

[[Page 32239]]

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. Parties with 
objections to this direct final rule are encouraged to file a comment 
in response to the parallel notice of proposed rulemaking for this 
action published in the proposed rules section of today's Federal 
Register, rather than file an immediate petition for judicial review of 
this direct final rule, so that EPA can withdraw this direct final rule 
and address the comment in the proposed rulemaking. 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, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: May 4, 2016.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart EE--New Hampshire

0
2. Section 52.1534 is amended by adding paragraph (j) to read as 
follows:

Sec.  52.1534  Control strategy: Ozone.

* * * * *
    (j) Approval--EPA is approving the Clean Air Act section 110(a)(1) 
maintenance plan for the 1997 8-hour ozone National Ambient Air Quality 
Standard in the area of the New Hampshire required to have such a plan. 
This area includes portions of Hillsborough, Merrimack, Rockingham, and 
Strafford Counties, and all of Cheshire County. This maintenance plan 
was submitted to EPA on March 2, 2012.

[FR Doc. 2016-11963 Filed 5-20-16; 8:45 am]
BILLING CODE 6560-50-P
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