Rule2022-08392
Air Plan Approval; New Hampshire; Boston-Manchester-Portsmouth Area Second 10-Year Limited Maintenance Plan for 1997 Ozone NAAQS
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 22, 2022
Effective
May 23, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of New Hampshire. On July 29, 2021, the State submitted its 1997 ozone national ambient air quality standards (NAAQS) Limited Maintenance Plan (LMP) for the Boston-Manchester-Portsmouth (Portsmouth) area. EPA is approving the Portsmouth area LMP because it provides for the maintenance of the 1997 ozone NAAQS through the end of the second 10- year portion of the maintenance period. The effect of this action will be to make certain commitments related to maintenance of the 1997 ozone NAAQS in the Portsmouth maintenance area part of the New Hampshire SIP and therefore federally enforceable. This action is being taken in accordance with the Clean Air Act.
Full Text
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<title>Federal Register, Volume 87 Issue 78 (Friday, April 22, 2022)</title>
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[Federal Register Volume 87, Number 78 (Friday, April 22, 2022)]
[Rules and Regulations]
[Pages 24058-24060]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08392]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2021-0672; FRL-9558-02-R1]
Air Plan Approval; New Hampshire; Boston-Manchester-Portsmouth
Area Second 10-Year Limited Maintenance Plan for 1997 Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: 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. On July 29, 2021, the State submitted its 1997 ozone
national ambient air quality standards (NAAQS) Limited Maintenance Plan
(LMP) for the Boston-Manchester-Portsmouth (Portsmouth) area. EPA is
approving the Portsmouth area LMP because it provides for the
maintenance of the 1997 ozone NAAQS through the end of the second 10-
year portion of the maintenance period. The effect of this action will
be to make certain commitments related to maintenance of the 1997 ozone
NAAQS in the Portsmouth maintenance area part of the New Hampshire SIP
and therefore federally enforceable. This action is being taken in
accordance with the Clean Air Act.
DATES: This rule is effective on May 23, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2021-0672. All documents in the docket
are listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. 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 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or at the U.S. Environmental Protection Agency, EPA
Region 1 Regional Office, Air and Radiation Division, 5 Post Office
Square--Suite 100, 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 a.m. to 4:30 p.m.,
excluding legal holidays and facility closures due to COVID-19.
[[Page 24059]]
FOR FURTHER INFORMATION CONTACT: Eric Rackauskas, Air Quality Branch,
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square--Suite 100, (Mail code 05-2), Boston, MA 02109-3912, tel. (617)
918-1628, email <a href="/cdn-cgi/l/email-protection#63110200080216100802104d06110a00230613024d040c15"><span class="__cf_email__" data-cfemail="72001311191307011913015c17001b11321702135c151d04">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews
I. Background and Purpose
On March 1, 2022 (87 FR 11373), EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of New Hampshire.
The NPRM proposed approval of the State's 1997 ozone national
ambient air quality standards (NAAQS) Limited Maintenance Plan (LMP)
for the Boston-Manchester-Portsmouth (Portsmouth) area. The formal SIP
revision was submitted by New Hampshire on July 29, 2021. The
Portsmouth area 8-hour ozone nonattainment area in the southeastern-
most portion of the state includes 52 cities and towns with a combined
population of 729,071 in Hillsborough, Merrimack, Rockingham and
Strafford counties. On June 15, 2004, the Portsmouth area was
designated as nonattainment for the 1997 ozone NAAQS. On March 4, 2013,
the area was redesignated to attainment with that standard.
The Portsmouth area's LMP for the 1997 ozone NAAQS submitted by the
New Hampshire Department of Environmental Services (DES) is designed to
maintain the 1997 ozone NAAQS within this area through the end of the
second ten-year period of the maintenance period. We are approving the
plan because it meets all applicable requirements under CAA sections
110 and 175A. Other specific requirements of the LMP and the rationale
for EPA's proposed action are explained in the NPRM and will not be
restated here. No public comments were received on the NPRM.
II. Final Action
EPA is approving the New Hampshire 1997 ozone national ambient air
quality standards (NAAQS) Limited Maintenance Plan for the Boston-
Manchester-Portsmouth area as a revision to the New Hampshire SIP.
III. 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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 June 21, 2022. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 14, 2022.
David Cash,
Regional Administrator, EPA Region 1.
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.
[[Page 24060]]
Subpart EE--New Hampshire
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2. In Sec. 52.1520(e) amend the table by adding entries for ``Boston-
Manchester-Portsmouth Area Second 10-Year Limited Maintenance Plan for
1997 Ozone NAAQS'' and ``Letter from New Hampshire and attachment G
Amendment'' at the end of the table to read as follows:
Sec. 52.1520 Identification of plan.
* * * * *
(e) * * *
New Hampshire Non-Regulatory
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State
Name of nonregulatory SIP Applicable submittal EPA approved date
provision geographic or date/ \1\ Explanations
nonattainment area effective date
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* * * * * * *
Boston-Manchester-Portsmouth Area Boston-Manchester- 7/29/2021 4/22/2022 [Insert Approval for 2nd 10-
Second 10-Year Limited Portsmouth Federal Register year LMP for 1997
Maintenance Plan for 1997 Ozone Maintenance Area. citation]. ozone NAAQS.
NAAQS.
Letter from New Hampshire and Boston-Manchester- 12/23/2021 4/22/2022 [Insert Supplemental
attachment G Amendment. Portsmouth Federal Register information for
Maintenance Area. citation]. 2nd 10-year LMP
for 1997 ozone
NAAQS.
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\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
[FR Doc. 2022-08392 Filed 4-21-22; 8:45 am]
BILLING CODE 6560-50-P
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