7234 Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2008–0069; A–1–FRL–

8526–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Hampshire; Determination of 

Attainment of the Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

determine that the Boston-ManchesterPortsmouth (SE), New Hampshire 

moderate 8-hour ozone nonattainment 

area has attained the 8-hour National 

Ambient Air Quality Standard (NAAQS) 

for ozone. This determination is based 

upon certified ambient air monitoring 

data that show the area has monitored 

attainment of the 8-hour ozone NAAQS 

since the 2002–2004 monitoring period, 

and continues to monitor attainment of 

the NAAQS based on 2004–2006 data. 

In addition, quality controlled and 

quality assured ozone data for 2007 that 

are available in the EPA Air Quality 

System database, but not yet certified, 

show this area continues to attain the 8- 

hour ozone NAAQS. If this proposed 

determination is made final, the 

requirements for this area to submit an 

attainment demonstration, a reasonable 

further progress plan, contingency 

measures, and other planning State 

Implementation Plans related to 

attainment of the 8-hour ozone NAAQS 

shall be suspended for so long as the 

area continues to attain the ozone 

NAAQS. 

DATES: Written comments must be 

received on or before March 10, 2008. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA–

R01–OAR–2008–0069 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. E-mail: arnold.anne@epa.gov. 

3. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2008–0069,’’

Anne Arnold, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, One Congress Street, 

Suite 1100 (mail code CAQ), Boston, 

MA 02114–2023. 

4. Hand Delivery or Courier. Deliver 

your comments to: Anne Arnold, 

Manager, Air Quality Planning Unit, 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, 11th floor, (CAQ), 

Boston, MA 02114–2023. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding legal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2008–

0069. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov, or e-mail, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. 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 in www.regulations.gov or 

in hard copy at 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. 

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, 

e-mail Burkhart.Richard@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 Action Is EPA Taking? 

II. What Is the Effect of This Action? 

III. What Is the Background for This Action? 

IV. What Is EPA’s Analysis of the Relevant 

Air Quality Data? 

V. Proposed Action 

VI. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking? 

EPA is proposing to determine that 

the Boston-Manchester-Portsmouth (SE), 

New Hampshire moderate 8-hour ozone 

nonattainment area has attained the 8- 

hour National Ambient Air Quality 

Standard (NAAQS) for ozone. This 

determination is based upon certified 

ambient air monitoring data that show 

the area has monitored attainment of the 

ozone NAAQS since the 2002–2004 

monitoring period, and monitoring data 

that continue to show attainment of the 

NAAQS based on 2004–2006 data. In 

addition, quality controlled and quality 

assured ozone data for 2007 that are 

available in the EPA Air Quality System 

(AQS) database, but not yet certified, 

show this area continues to attain the 

ozone NAAQS. 

II. What Is the Effect of This Action? 

If this determination is made final, 

under the provisions of EPA’s ozone 

implementation rule (see 40 CFR 

Section 51.918), the requirements for 

the Boston-Manchester-Portsmouth (SE), 

New Hampshire moderate ozone 

nonattainment area to submit an 

attainment demonstration, a reasonable 

further progress plan, section 172(c)(9) 

contingency measures, and any other 

planning State Implementation Plans 

(SIPs) related to attainment of the 8- 

hour ozone NAAQS would be 

suspended for so long as the area 

continues to attain the ozone NAAQS. 

This proposed action, if finalized, 

would not constitute a redesignation to 


rfrederick on PROD1PC67 with PROPOSALS
Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Proposed Rules 7235 

attainment under CAA section 

107(d)(3), because we would not yet 

have an approved maintenance plan for 

the area as required under section 175A 

of the CAA, nor a determination that the 

area has met the other requirements for 

redesignation. The classification and 

designation status of the area would 

remain moderate nonattainment for the 

8-hour ozone NAAQS until such time as 

EPA determines that it meets the CAA 

requirements for redesignation to 

attainment. 

If this rulemaking is finalized and 

EPA subsequently determines, after 

notice-and-comment rulemaking in the 

Federal Register, that the area has 

violated the 8-hour ozone standard, the 

basis for the suspension of these 

requirements would no longer exist, and 

the area would thereafter have to 

address the pertinent requirements. 

III. What Is the Background for This 

Action? 

On April 30, 2004 (69 FR 23857), EPA 

designated as nonattainment any area 

that was violating the 8-hour ozone 

NAAQS based on the three most recent 

years (2001–2003) of air quality data. 

Portions of Hillsborough, Merrimack, 

and Rockingham, and Strafford Counties 

in New Hampshire were designated as 

a moderate ozone nonattainment area 

(specifically, the Boston-ManchesterPortsmouth (SE), New Hampshire area). 

The rest of New Hampshire was 

designated as attainment of the 8-hour 

ozone NAAQS. (See 40 CFR 81.330.) 

More recent air quality data, however, 

indicate that the Boston-ManchesterPortsmouth (SE), New Hampshire area 

is now attaining the 8-hour ozone 

standard. 

IV. What Is EPA’s Analysis of the 

Relevant Air Quality Data? 

The EPA has reviewed the ambient air 

monitoring data for ozone, consistent 

with the requirements contained in 40 

CFR Part 50 and recorded in the EPA 

Air Quality System (AQS) database, for 

the Boston-Manchester-Portsmouth (SE), 

New Hampshire ozone nonattainment 

area, from 2002 through the present 

time. On the basis of that review, EPA 

has concluded that this area attained the 

8-hour ozone standard at the end of the 

2004 ozone season, based on certified 

2002–2004 ozone data, and continued to 

attain the standard through and 

inclusive of the 2004–2006 ozone 

seasons. In addition, quality controlled 

and quality assured ozone data for 2007, 

that are available in AQS, but not yet 

certified, show this area continues to 

attain the 8-hour ozone NAAQS. 

Under EPA regulations at 40 CFR Part 

50, the 8-hour ozone standard is 

attained when the 3-year average of the 

annual fourth-highest daily maximum 8- 

hour average ozone concentrations at an 

ozone monitor is less than or equal to 

0.08 parts per million (ppm) (i.e., 0.084 

ppm, based on the rounding convention 

in 40 CFR part 50, Appendix I). This 3- 

year average is referred to as the design 

value. When the design value is less 

than or equal to 0.084 ppm (84 parts per 

billion (ppb)) at each monitor within the 

area, then the area is meeting the 

NAAQS. (See 69 FR 23857 (April 30, 

2004) for further information.) Also, the 

data completeness requirement is met 

when the average percent of days with 

valid ambient monitoring data is greater 

than 90%, and no single year has less 

than 75% data completeness as 

determined in Appendix I of 40 CFR 

Part 50. 

Table 1 shows the fourth-highest daily 

maximum 8-hour average ozone 

concentrations for the BostonManchester-Portsmouth (SE), New 

Hampshire nonattainment area monitors 

for the years 2004–2007. Table 2 shows 

the ozone design values for these same 

monitors based on the following 3-year 

periods: 2002–2004; 2003–2005; 2004–

2006; and 2005–2007. 

TABLE 1.—FOURTH-HIGH 8-HOUR OZONE AVERAGE CONCENTRATIONS (PARTS PER MILLION, PPM) IN THE BOSTONMANCHESTER-PORTSMOUTH (SE), NEW HAMPSHIRE AREA

Location AQS site ID 2004 2005 2006 2007 

Manchester .......................................................................................... 330110020 0.071 0.071 0.068 0.074 

Nashua ................................................................................................. 330111011 0.080 0.082 0.073 0.081 

Portsmouth ........................................................................................... 330150014 0.076 0.075 0.073 0.078 

Rye ....................................................................................................... 330150016 0.074 0.075 0.076 0.086 

TABLE 2.—OZONE DESIGN VALUES (PPM) FOR THE BOSTON-MANCHESTER-PORTSMOUTH (SE), NEW HAMPSHIRE AREA

Location AQS site ID 2002–2004 2003–2005 2004–2006 2005–2007 

Manchester .......................................................................................... 330110020 0.075 0.070 0.070 0.071 

Nashua ................................................................................................. 330111011 0.084 0.080 0.078 0.078 

Portsmouth ........................................................................................... 330150014 0.079 0.074 0.074 0.075 

Rye ....................................................................................................... 330150016 0.078 0.073 0.075 0.079 

EPA’s review of these data indicate 

that the Boston-Manchester-Portsmouth 

(SE), New Hampshire ozone 

nonattainment area has met and 

continues to meet the 8-hour ozone 

NAAQS. EPA is soliciting public 

comments on the issues discussed in 

this notice or on other relevant matters. 

These comments will be considered 

before taking final action. Interested 

parties may participate in the Federal 

rulemaking procedure by submitting 

written comments to the EPA New 

England Regional Office listed in the 

ADDRESSES section of this Federal 

Register. 

V. Proposed Action 

EPA is proposing to determine that 

the Boston-Manchester-Portsmouth (SE), 

New Hampshire 8-hour ozone 

nonattainment area has attained the 8- 

hour ozone standard and continues to 

attain the standard based on data 

through the 2007 ozone season. As 

provided in 40 CFR Section 51.918, if 

EPA finalizes this determination, it 

would suspend the requirements for 

New Hampshire to submit an attainment 

demonstration, a reasonable further 

progress plan, and contingency 

measures under section 172(c)(9), and 

any other planning SIP related to 

attainment of the 8-hour ozone NAAQS 

for this area, for so long as the area 

continues to attain the standard. 

VI. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this proposed 

action is not a ‘‘significant regulatory 


rfrederick on PROD1PC67 with PROPOSALS
7236 Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Proposed Rules 

action’’ and therefore is not subject to 

review by the Office of Management and 

Budget. For this reason, this action is 

also not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action proposes to make 

a determination based on air quality 

data, and would, if finalized, result in 

the suspension of certain Federal 

requirements. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601, et seq.). Because this 

rule proposes to make a determination 

based on air quality data, and would, if 

finalized, result in the suspension of 

certain Federal requirements, it 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). 

This proposed rule also does not have 

tribal implications because it will not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

proposed action also does not have 

Federalism implications because it does 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

proposes to make a determination based 

on air quality data and would, if 

finalized, result in the suspension of 

certain Federal requirements, and does 

not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. This proposed rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it proposes to determine that air 

quality in the affected area is meeting 

Federal standards. 

The requirements of section 12(d) of 

the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply because it would 

be inconsistent with applicable law for 

EPA, when determining the attainment 

status of an area, to use voluntary 

consensus standards in place of 

promulgated air quality standards and 

monitoring procedures that otherwise 

satisfy the provisions of the Clean Air 

Act. 

This proposed rule does not impose 

an information collection burden under 

the provisions of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501, 

et seq.) 

Under Executive Order 12898, EPA 

finds that this rule involves a proposed 

determination of attainment based on 

air quality data and will not have 

disproportionately high and adverse 

human health or environmental effects 

on any communities in the area, 

including minority and low-income 

communities. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: January 30, 2008. 

Robert W. Varney, 

Regional Administrator, EPA New England. 

[FR Doc. E8–2251 Filed 2–6–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R6–ES–2008–0023; 1111 FY07 MO–

B2] 

Endangered and Threatened Wildlife 

and Plants; 12-Month Finding on a 

Petition To List the Bonneville 

Cutthroat Trout (Oncorhynchus clarki 

utah) as Threatened or Endangered 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice; initiation of status 

review, and solicitation of new 

information. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

opening of a public comment period 

regarding the status of the Bonneville 

cutthroat trout (Oncorhynchus clarki 

utah) throughout its range in the United 

States. The 12-month finding for this 

subspecies, published in the Federal 

Register on October 9, 2001, has been 

withdrawn by the Service (Stansell 

Memorandum, August 24, 2007) due to 

the subsequent development of a formal 

opinion (Department of the Interior, 

March 16, 2007) regarding the legal 

interpretation of the term ‘‘significant 

portion of the range’’ of a species. The 

status review will include analysis of 

whether any significant portion of the 

range of the Bonneville cutthroat trout 

warrants listing as threatened or 

endangered under the Endangered 

Species Act of 1973, as amended (Act). 

Through this action, we encourage all 

interested parties to provide us 

information regarding the status of, and 

any potential threats to, the Bonneville 

cutthroat trout throughout its range, or 

any significant portion of its range. 

DATES: To be fully considered for the 12- 

month finding, comments must be 

submitted on or before April 7, 2008. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS–R6–

ES–2008–0023; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

We will not accept e-mail or faxes. We 

will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Comments section below for 

more information). 

FOR FURTHER INFORMATION CONTACT: 

Larry Crist, Field Supervisor, Utah Field 

Office, U.S. Fish and Wildlife Service, at 

the above address, or phone (801) 975–

3330, ext. 126. Additional information 

is available at http://www.fws.gov/ 

mountain-prairie/species/fish/bct/. 

SUPPLEMENTARY INFORMATION: 

Public Comments Solicited 

To ensure that the status review is 

complete and based on the best 

available scientific and commercial 

information, we are soliciting 

information concerning the status of the 

Bonneville cutthroat trout. We request 

any additional information, comments, 

and suggestions from the public, other 

concerned governmental agencies, 

Native American Tribes, the scientific 

community, industry, or any other 

interested parties. We are opening a 60- 

day comment period to allow all 

interested parties an opportunity to 

provide information on the status of the 

Bonneville cutthroat trout throughout 

its range, including: 

(1) Information regarding the species’

historical and current population status, 

distribution, and trends; its biology and 

ecology; and habitat selection; 

(2) Information on the effects of 

potential threat factors that are the basis 


rfrederick on PROD1PC67 with PROPOSALS