[Federal Register Volume 62, Number 207 (Monday, October 27, 1997)]
[Proposed Rules]
[Pages 55544-55548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28370]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NH-7157b; FRL-5906-9]
Approval and Promulgation of Implementation Plans; New Hampshire
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The EPA is proposing action on State Implementation Plan (SIP)
revisions submitted by the State of New Hampshire. The EPA is proposing
[[Page 55545]]
approval of New Hampshire's 1990 base year ozone emission inventories,
15 Percent Rate of Progress (ROP) and Contingency plans, and
establishment of a Photochemical Assessment Monitoring Stations (PAMS)
network, as revisions to the New Hampshire SIP for ozone. The inventory
was submitted by the State of New Hampshire to satisfy a CAA
requirement that those States containing ozone nonattainment areas
classified as marginal to extreme submit inventories of actual ozone
season emissions from all sources in accordance with EPA guidance. The
15% ROP and contingency plans were submitted to satisfy CAA provisions
that require ozone nonattainment areas classified as moderate and above
to devise plans to reduce VOC emissions by 1996 when compared to a 1990
baseline. The PAMS SIP revision was submitted to provide for the
establishment and maintenance of an enhanced ambient air quality
monitoring network by November 15, 1993.
In the final rules section of today's Federal Register, the EPA is
approving the New Hampshire 1990 base year emission inventories and
PAMS network as revisions to the New Hampshire SIP as a direct final
rule without prior proposal, because the Agency views these as
noncontroversial revision amendments and anticipates no adverse
comments. A detailed rationale for each approval is set forth in the
direct final rule. The EPA is not publishing a direct final rule for
the New Hampshire 15 percent ROP and contingency plans. If no adverse
comments are received on this direct final rule, no further activity is
contemplated in relation to this proposed rule for these revisions. If
EPA receives any material adverse comments, the direct final rule will
be withdrawn and all public comments received will be addressed in a
subsequent final rule based on this proposed rule. The EPA will not
institute a second comment period on this document. Any parties
interested in commenting on this document should do so at this time.
DATES: Public comments on this document are requested and will be
considered before taking final action on this SIP revision. Comments on
this proposed action must be post marked by November 26, 1997.
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 Unit, EPA Region I, JFK Federal Building, Boston,
Massachusetts, 02203; telephone (617) 565-9266.
SUPPLEMENTARY INFORMATION: For supplementary information regarding the
New Hampshire 1990 base year emission inventories or establishment of a
PAMS network, see the information provided in the direct final action
of the same title which is located in the rules section of today's
Federal Register.
This notice is divided into the following four parts:
I. Background
II. Analysis of State Submission
III. Proposed Action
IV. Administrative Requirements
I. Background
Section 182(b)(1) of the CAA as amended in 1990 requires ozone
nonattainment areas with classifications of moderate and above to
develop plans to reduce area-wide anthropogenic VOC emissions by 15
percent from a 1990 baseline. The plans were to be submitted by
November 15, 1993 and the reductions were required to be achieved
within 6 years of enactment or November 15, 1996. The Clean Air Act
also sets limitations on the creditability of certain types of
reductions. Specifically, States cannot take credit for reductions
achieved by Federal Motor Vehicle Control Program (FMVCP) measures (new
car emissions standards) promulgated prior to 1990 or for reductions
resulting from requirements to lower the Reid Vapor Pressure (RVP) of
gasoline promulgated prior to 1990. Furthermore, the CAA does not allow
credit for corrections to basic Vehicle Inspection and Maintenance
Programs (I/M) or corrections to Reasonably Available Control
Technology (RACT) rules as these programs were required prior to 1990.
In addition, section 172(c)(9) and 182(c)(9) of the CAA requires
that contingency measures be included in the plan revision to be
implemented if an area misses an ozone SIP milestone, or fails to
attain the standard by the date required by the CAA.
There are two serious ozone nonattainment areas in New Hampshire,
and therefore the State is subject to the 15 Percent ROP requirements.
The two areas are the Portsmouth-Dover-Rochester area, which includes
all of Strafford County and portions of Rockingham County, and the New
Hampshire portion of the Boston-Lawrence-Worcester area which includes
portions of Hillsborough and Rockingham Counties. New Hampshire did not
enter into an agreement with Massachusetts to do a multi-state 15
percent and contingency plan, and therefore submitted a plan to reduce
emissions only in the New Hampshire portion of this area. EPA is taking
action today only on the New Hampshire portion of the Boston-Lawrence-
Worcester 15 percent plan.
New Hampshire submitted a 15% ROP plan for these two areas to the
EPA on February 3, 1994, and revisions to the plan on May 16, 1994 and
August 29, 1996. The state's submittal contained adopted rules for all
of the VOC control measures identified within the plan.
II. Analysis of State Submission
The EPA has analyzed New Hampshire's submittal and believes that
the proposed 15 Percent ROP and Contingency plans can be approved
because they will strengthen the SIP by achieving reductions in VOC
emissions, and because the State has correctly calculated its emission
reduction obligations brought about by these requirements in accordance
with the EPA's guidance. For a complete discussion of EPA's analysis of
the New Hampshire 15 Percent ROP plan and Contingency Plan, please
refer to the Technical Support Document for this action. A summary of
the EPA's findings follows.
Emission Inventory
The base from which States determine the required reductions in the
15 Percent ROP and Contingency plans is the 1990 emission inventory.
The EPA is approving the New Hampshire 1990 emission inventories in a
direct final action included in the Rules section of today's Federal
Register. The emission estimates used within the 15 Percent ROP
calculations match those found in the State's 1990 base year emission
inventories.
Calculation of Target Level Emissions
New Hampshire subtracted the non-creditable reductions from the
FMVCP
[[Page 55546]]
from the 1990 inventory. No adjustment to the inventory to account for
the RVP of gasoline sold in the state in 1990 was necessary. The
modification to subtract non-creditable reductions from the FMVCP
results in the 1990 adjusted inventory. The total emission reduction
required to meet the 15 Percent ROP Plan requirements equals the sum of
the following items: 15 percent of the adjusted inventory, reductions
that occur from noncreditable programs such as the FMVCP program,
reductions needed to offset any growth in emissions that takes place
between 1990 and 1996, and reductions that result from corrections to
the I/M or VOC RACT rules. Table 1 summarizes these calculations for
the two serious ozone nonattainment areas in New Hampshire.
Table 1.--Calculation of Required Reductions (Tons/Summer Day)
------------------------------------------------------------------------
Por-Dov- Bos-Law-
Roc Wor
------------------------------------------------------------------------
1990 Anthropogenic Emission Inventory............... 41.0 55.9
1990 Adjusted Inventory............................. 35.6 48.0
15% of Adjusted Inventory........................... 5.3 7.2
Non-creditable Reductions........................... 5.4 7.9
1996 Target......................................... 30.3 40.8
1996 \1\ Projected, Uncontrolled Emissions.......... 37.4 52.7
Required Reduction \2\.............................. 7.1 11.9
------------------------------------------------------------------------
\1\ 1996 emissions for on-road mobile sources were calculated using an
emission factor that reflected the level of control achieved by the
FMVCP in 1996.
\2\ Required Reductions obtained by subtracting 1996 target from the
1996 projected uncontrolled inventory.
Measures Achieving the Projected Reductions
New Hampshire has provided a plan to achieve the emissions
reductions required for the Portsmouth-Dover-Rochester nonattainment
area and the New Hampshire portion of the Boston-Lawrence-Worcester
nonattainment area. The EPA agrees with the emission reductions
projected in the State submittals from the control measures identified
within these plans. The following is a description of each control
measure New Hampshire used to achieve emission reduction credit within
its 15% ROP plans.
A. Point Source Emission Reductions
RACT Controls. New Hampshire projects that a 2.1 tons per summer
day (tpsd) emission reduction will occur within the Por-Dov-Roc area,
and a 2.6 tpsd emission reduction will occur within the Bos-Law-Wor
area from the implementation of VOC Reasonably Available Control
Technology (RACT) on point sources, and from plant shutdowns.
Section 182(b)(2)(B) of the CAA requires that moderate and above
ozone nonattainment areas adopt rules to require RACT for all VOC
sources in the area covered by any Control Technique Guideline (CTG)
issued before the date of the enactment of the Clean Air Act amendments
of 1990. New Hampshire imposed new RACT controls on facilities involved
in the processes covered by a CTG to meet this requirement {these
controls are referred to as ``RACT Catchups''}.
New Hampshire submitted VOC RACT catch-up regulations to the EPA on
December 21, 1992, and June 28, 1996. EPA has not acted on these rules,
but intends to by the time final action is taken on the New Hampshire
15 percent plans. Emission reductions from these rules are creditable
toward the ROP requirement. The State has documented the level of
emission reductions claimed from point sources. The State's 15% ROP
plans contain a discussion of the emission reductions expected from
individual point sources, and a table which lists each point source in
the State from which emission reductions are anticipated by 1996. While
EPA agrees that these RACT rules achieves the level of emission
reductions New Hampshire is claiming in its 15% plan, EPA is not making
any finding in this proposal whether the rules are otherwise consistent
with all CAA requirements.
Plant Closures: New Hampshire's 15% plan identifies facilities that
will cease operations between 1990 and 1996. The State has used the
emission reductions generated from these plant closures as part of its
15 percent ROP plans. The emission reductions generated from these
plant closures cannot, therefore, be used for other purposes, such as
to meet the emissions offset provisions of the new source review
program or as a source of a tradeable emission commodity.
B. Area Source Controls
Stage I: Emissions from underground tank filling operations at
gasoline service stations can be reduced by the use of a vapor balance
system, which is termed Stage I vapor control. New Hampshire has
adopted a Stage I gasoline vapor recovery regulation, and submitted the
rule to the EPA as a SIP revision. EPA has not acted on this rule, but
intends to by the time final action is taken on the New Hampshire 15
percent plans. The data used to derive the anticipated emission
reduction from implementation of this rule are documented within the NH
15% ROP plans. The EPA agrees with the level of emission reductions
projected by the State. While EPA agrees that the Stage I rule achieves
the level of emission reductions New Hampshire is claiming in its 15%
plan, EPA is not making any finding in this proposal whether the rule
is otherwise consistent with all CAA requirements.
Underground Tank Breathing: New Hampshire's Stage I rule contains a
requirement that a pressure vacuum (PV) valve be installed on vents
located on underground tanks at service stations. The EPA agrees with
the emission reductions claimed by the State due to this provision of
the Stage I rule.
Stage II: New Hampshire has adopted an air pollution control rule
that will limit VOC emissions from automobile refueling activity,
commonly referred to as Stage II emissions. The rule was submitted to
the EPA on December 21, 1992. EPA has not acted on this rule, but
intends to by the time final action is taken on the New Hampshire 15
percent plans. The EPA agrees with the emission reduction credit
claimed by the state due to the implementation of this program. While
EPA agrees that the Stage II rule achieves the level of emission
reductions New Hampshire is claiming in its 15% plan, EPA is not making
any finding in this proposal whether the rule is otherwise consistent
with all CAA requirements.
Surface Cleaning Controls: New Hampshire adopted a VOC RACT rule
that controls emissions from open top and cold cleaning degreasing
operations. The State determined that area source emissions would also
be reduced by this rule, which is consistent with EPA guidance. The
emission reductions claimed by the State from this rule are therefore
creditable towards the 15% ROP plan.
Automobile Refinishing: On November 29, 1994, EPA issued a final
guidance memorandum that allowed States to assume a 37 percent control
level for this source category without adopting a State rule due to a
pending National rule. New Hampshire used this guidance to determine
the magnitude of emission reductions expected to occur within its two
ozone nonattainment areas. The EPA agrees with the level of emission
reductions projected by the State.
Commercial and Consumer Products: On June 22, 1995, EPA issued a
final guidance memorandum that allowed States to assume a 0.8 pound per
capita emission reduction for this source category without adopting a
State rule
[[Page 55547]]
due to a pending National rule. New Hampshire used this guidance to
determine the magnitude of emission reductions expected to occur within
its two ozone nonattainment areas. The EPA agrees with the level of
emission reductions projected by the State.
Architectural Coatings: In a memo dated March 22, 1995, EPA
provided guidance on the expected reductions from a pending national
rulemaking on AIM coatings. The memo projects that emissions would be
reduced by 20 percent for both architectural coatings and industrial
maintenance coatings. New Hampshire used this guidance to determine the
magnitude of emission reductions expected to occur within its two ozone
nonattainment areas. The EPA agrees with the level of emission
reductions projected by the State.
(C) On-Road Mobile Source Controls
Reformulated Gasoline (RFG): Section 211(k) of the Clean Air Act
requires that after January 1, 1995 in severe and above ozone
nonattainment areas, only reformulated gasoline be sold or dispensed.
This gasoline is reformulated to burn cleaner and produce fewer
evaporative emissions. The state of New Hampshire contains two
``serious'' ozone nonattainment areas and one ``marginal'' area, and
therefore is not required to sell reformulated fuels. However, on
October 28, 1991 the State submitted a letter from the Governor
requesting that New Hampshire participate in the reformulated fuels
program. This request was published in the Federal Register on December
23, 1991, 56 FR 66444. The EPA agrees with the emission reductions
calculated by the state due to the use of reformulated gasoline in on-
road vehicles.
Tier I Federal Motor Vehicle Control Program (FMVCP): The EPA
promulgated standards for 1994 and later model year light-duty vehicles
and light-duty trucks (56 FR 25724, June 5, 1991). Since the standards
were adopted after the CAA amendments of 1990, the resulting emission
reductions are creditable toward the 15 percent emission reduction
goal. The EPA agrees with the emission reductions calculated by New
Hampshire due to the Tier I motor vehicle controls.
Non-road mobile source controls: As previously discussed, New
Hampshire has opted in to the reformulated gasoline program. In
addition to reducing VOC emissions from on-road motor vehicles, the
sale of this gasoline will also reduce VOC emissions from non-road
equipment. The EPA agrees with the emission reductions projected by New
Hampshire to occur due to the sale of reformulated gasoline in the
state.
Table 2 summarizes the emission reductions contained within the New
Hampshire 15% ROP plan. New Hampshire allocated between the two
nonattainment areas the anticipated reductions from control measures
using the same methodology that determined the allocation of its 1990
base year inventory emissions.
Table 2.--Summary of Emission Reductions: New Hampshire Serious Ozone
Nonattainment areas
(Tons/Day)
------------------------------------------------------------------------
Por-Dov- Bos-Law-
Nonattainment area Roc Wor
------------------------------------------------------------------------
Required Reduction................................ 7.10 11.90
Point Source Reductions........................... 2.10 2.60
Stage I........................................... 1.25 2.09
Stage II.......................................... 1.28 2.14
Underground Tank Breathing........................ 0.11 0.18
Surface Cleaning.................................. 0.30 0.50
Auto Refinishing.................................. 0.41 0.69
Consumer & Com. Prod.............................. 0.19 0.32
Architectural Coatings............................ 0.38 0.63
Reform (On-road), Tier 1.......................... 2.60 3.90
Reform, Off-road.................................. 0.20 0.20
---------------------
Total....................................... 8.82 13.25
------------------------------------------------------------------------
Contingency Measures: Ozone nonattainment areas classified as
moderate or above must submit to the EPA, pursuant to section 172(c)(9)
and 182(c)(9) of the CAA, contingency measures to be implemented if an
area misses an ozone SIP milestone or does not attain the national
ambient air quality standard by the applicable date. The General
Preamble to Title I, (57 FR 13498) states that the contingency measures
should, at a minimum, ensure that an appropriate level of emission
reduction progress continues to be made if attainment or RFP is not
achieved and additional planning by the State is needed. The EPA
interprets this provision of the CAA to require States with moderate
and above ozone nonattainment areas to submit sufficient contingency
measures so that upon implementation of such measures, additional
emission reductions of three percent of the adjusted base year
inventory (or a lesser percentage that will make up the identified
shortfall) would be achieved in the year after the failure has been
identified. States must show that their contingency measures can be
implemented with minimal further action on their part and with no
additional rulemaking actions such as public hearings or legislative
review.
Surplus Emission Reduction from 15 Percent Plan: New Hampshire's 15
percent ROP plans achieve more emission reductions than required. This
is illustrated within Table 2 above. New Hampshire's contingency
obligations for its two ozone nonattainment areas are 1.1 tpsd for the
Por-Dov-Roc area, and 1.4 tpsd for the New Hampshire portion of the
Bos-Law-Wor area. The surplus credit generated by the control measures
in the 15 Percent ROP plans is sufficient to accommodate the 3 percent
emission reduction requirement for contingency plans for the State's
two serious ozone nonattainment areas. EPA notes that the State's SIP
indicates that a 0.1 tpsd surplus exists in the New Hampshire portion
of the Bos-Law-Wor area after accounting for contingency reductions.
However, the data presented in Table 2 indicates a minor shortfall of
0.05 exists after accounting for the 1.4 tpsd contingency obligation
for this area. Given the large number of inventory and emission
reduction calculations used to derive the data provided in Table 2, EPA
considers the minor shortfall of 0.05 tpsd to be within an acceptable
range of error. EPA proposes to determine that New Hampshire has met
the contingency measure requirement for both of its nonattainment
areas.
III. Proposed Action
The EPA has evaluated these submittals for consistency with the
CAA, EPA regulations, and EPA policy. The New Hampshire 15 Percent ROP
plans will achieve the required quantity of emission reductions to meet
the 15 percent ROP requirements of section 182(b)(1) of the CAA. In
addition, the New Hampshire contingency plan will achieve enough
emission reductions to meet the three percent reduction requirement
under 172(c)(9) and 182(c)(9) of the CAA. Therefore, the EPA is
proposing approval of these plan revisions under Section 110(k)(3) and
Part D.
Transportation Conformity Budgets
In recognition of the proposed approval of the 15 percent ROP
plans, EPA also proposes approval of motor vehicle emission budgets for
VOCs and NOX. Final approval of the 15 percent plan will
eliminate the need for the transportation conformity emission reduction
tests, which are the build/no build test and the less than 1990
emissions test, for these pollutants.
A control strategy SIP is required to establish a motor vehicle
emission budget which places a cap on emissions that cannot be exceeded
by predicted
[[Page 55548]]
highway and transit vehicle emissions. EPA is proposing to utilize the
on-road mobile emissions provided in the 15 percent plan SIP submittals
as the motor vehicle emission budgets for transportation conformity
purposes. The 1996 projected on-road mobile emission estimates
contained within the State's 15 percent plans are shown in the
following table:
Table 3.--1996 Motor Vehicle Emission Budgets
------------------------------------------------------------------------
NH
portion
Por-Dov- of Bos-
Roc area Law-Wor
area
------------------------------------------------------------------------
VOC................................................. 12.1 18.0
NOX................................................. 17.2 24.1
------------------------------------------------------------------------
EPA is soliciting public comments on the issues discussed in this
proposal or on other relevant matters. These comments will be
considered before EPA takes final action. Interested parties may
participate in the Federal rulemaking procedure by submitting written
comments to the EPA regional office listed in the ADDRESSES section of
this action.
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 review under Executive Order
12866.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 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. Secs. 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, 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 Sections 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 proposed 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Reporting and recordkeeping, Nitrogen oxides, Ozone, Volatile organic
compounds.
Authority: 42 U.S.C. 7401-7671-q.
Dated: September 29, 1997.
John P. DeVillars,
Regional Administrator, Region I.
[FR Doc. 97-28370 Filed 10-24-97; 8:45 am]
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