[Federal Register Volume 59, Number 160 (Friday, August 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20255]
[[Page Unknown]]
[Federal Register: August 19, 1994]
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EVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[NH4-1-6411; A-1-FRL-5007-4]
Approval and Promulgation of Air Quality Implementation Plans;
New Hampshire; Approval of PM10 State Implementation Plan (SIP)
Revisions and Designation of Areas for Air Quality Planning Purposes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of New Hampshire. These revisions were submitted
in response to EPA's promulgation of new ambient air quality standards.
The intended effect of this action is to approve revised National
Ambient Air quality Standards (NAAQS) for particulate matter based on
PM10 and other associated regulatory changes. This action is being
taken in accordance with section 110 of the Clean Air Act.
DATES: This Final rule will become effective October 18, 1994, unless
notice is received on or before September 19, 1994, that adverse or
critical comments will be submitted. If the effective date is delayed,
timely notice will be published in the Federal Register.
ADDRESSES: Comments may be mailed to Linda M. Murphy, Director, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region I, JFK Federal Building, Boston, MA 02203.
Copies of the documents relevant to this action are available for
public inspection during normal business hours, by appointment at the
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region I, One Congress Street, 10th floor, Boston,
MA; Air Docket 6102 U.S. Environmental Protection Agency, 401 M Street
SW., Washington, DC 20460; and Air Resources Division, Department of
Environmental Services, 64 North Main Street, Caller Box 2033, Concord,
NH 03302-2033.
FOR FURTHER INFORMATION CONTACT:
Ian D. Cohen, (617) 565-3229.
SUPPLEMENTARY INFORMATION: On July 13, 1989, the State of New Hampshire
submitted a formal revision to its State Implementation Plan (SIP). The
SIP revision consists of changes to New Hampshire's Air Quality Rules.
New Hampshire also requests redesignation of two municipalities from
nonattainment for total suspended particulate (TSP) to unclassifiable.
Background
On July 1, 1987 (52 FR 24634) EPA promulgated revised National
Ambient Air Quality Standards (NAAQS) for particulate matter which was
based upon the measurement of particles having a mean aerodynamic
diameter of 10 microns or less (PM10). The revised standards
replace TSP with PM10 as the standard for ambient air quality.
States were required to make revisions to their SIPs to reflect this
change. EPA classified certain areas of the United States as Group I or
Group II for PM10 (52 FR 29383). Areas not so classified are Group
III areas. The State of New Hampshire is a Group III area. In the case
of a Group III area, EPA expects the State's current air pollution
control requirements are sufficient to attain and maintain the
PM10 standards. In such cases, the State need only submit
revisions to its current SIP which adopt the new PM10 standard and
make other minor adjustments.
New Hampshire Submittal
On July 13, 1989, New Hampshire submitted formal SIP revisions.
These SIP revisions change two sections of New Hampshire's air quality
rules. Env-A 303 of the New Hampshire Code of Administrative Rules
refers to ambient air quality standards. New Hampshire's submittal
adopts the NAAQS for PM10 as the criteria pollutant for
particulate matter for primary and secondary air quality standards and
deletes the now obsolete TSP NAAQS. New Hampshire also revised Env-A
1001, Open-Air Burning, to remove a reference to TSP. New Hampshire's
submittal also requests that the cities of Berlin and Manchester be
redesignated from nonattainment to unclassifiable for TSP. This change
is consistent with and encouraged by the final rulemaking of July 1,
1987 (52 FR 24682), because it eliminates the need for TSP to be
monitored in addition to PM10. Both areas are expected to meet
applicable PM10 standards.
Review of the New Hampshire Submittal
EPA reviewed the New Hampshire Submittal to determine if it meets
the requirements of the Clean Air Act, EPA regulations, and applicable
policies. The submittal meets the requirements found in the July 1,
1987, Federal Register (52 FR 24672), and EPA policy contained in the
PM10 SIP Development Guideline (EPA-450/2-86-001), dated June
1987, with a supplement dated July 1988.
The State of New Hampshire held a public hearing on the proposed
changes on March 16, 1989. There were no public comments. On April 21,
1989, the amendments to rule Env-A 303, were approved by the Joint
Legislative Committee on Administrative Rules at a public hearing, and
received final adoption by the Air Resources Division, Department of
Environmental Services. On May 24, 1989, the amendment to rule Env-A
1001 received the same approval. New Hampshire's submittal clearly
defines PM10 and sets primary and secondary National Ambient Air
Quality Standards (NAAQS) for PM10 defined in accordance with
appendix K of 40 CFR part 50.
Legal authority to enforce these rules is contained in New
Hampshire Law RSA 125-C:4. The State does not plan to delegate
authority to any local agencies.
New Hampshire's submittal calls for a network of ten (10) PM10
monitoring sites. This network replaces the TSP network.
Changes in New Hampshire's Rules
New Hampshire's SIP revisions amend two rules: Env-A 303 and Env-A
1001. Env-A 303, specifically section Env-A 303.01, defines primary and
secondary ambient air standards. New Hampshire's revisions define
primary and secondary standards for particulate matter, consisting of
PM10, measured at an annual arithmetic mean of 50 g/m3,
and a maximum average 24 hour concentration of 150 g/m3, which
may be exceeded on a number of days equal or less than an average of
one per year as determined in accordance with Appendix K of 40 CFR Part
50. Env-A 1001 specifies when open-air burning will be permitted or
prohibited. The only change proposed would replace the phrase ``Total
Suspended Particles (TSP)'', with the word ``particulates''. The
revised rule forbids open burning in areas designated nonattainment for
particulates.
Redesignation of TSP Nonattainment Areas
EPA's final rulemaking of July 1, 1987 (52 FR 24682) promulgating
the PM10 standard encourages states to request the redesignation
of TSP nonattainment areas as unclassifiable for TSP at the time they
submit their PM10 SIP revisions. This is permissible because TSP
is no longer the indicator for the particulate matter NAAQS. An area
designation (i.e., unclassifiable) must be maintained until the
PM10 increment takes effect because section 163 PSD increments
depend on the existence of section 107 designations. New Hampshire has
requested the redesignation of Berlin and Manchester from nonattainment
to unclassifiable for TSP. The entire State of New Hampshire was
originally classified as Group III (52 FR 29383); therefore it is
permissible to redesignate these areas as unclassifiable for TSP.
Clean Air Act Amendments of 1990
The Agency has reviewed this SIP Revision for conformance with the
provisions of the Clean Air Act Amendments of 1990. EPA has determined
that this action conforms with those requirements irrespective of the
fact that the State Submittal preceded the date of enactment. Group III
PM10 areas which did not show a violation of the NAAQS for
PM10 are now designated as unclassifiable for PM10 under
section 107(d)(4)(B)(iii).
EPA is approving this SIP revision without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. This action will be effective 60 days from the
date of this Federal Register notice unless, within 30 days of its
publication, notice is received that adverse or critical comments will
be submitted. If such notice is received, this action will be withdrawn
before the effective date by simultaneously publishing two subsequent
documents. One document will withdraw the final action and another will
begin a new rulemaking by announcing a proposal of the action and
establishing a comment period. If no such comments are received, the
public is advised that this action will be effective on October 18,
1994.
Final Action
EPA is approving revisions to Env-A 303.01 and Env-A 1001 as New
Hampshire's Group III PM10 SIP; and EPA is approving the State's
request to redesignate Berlin and Manchester from nonattainment to
unclassifiable for TSP.
Under the Regulatory Flexibility Act, 5 U.S.C. 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. 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.
This action has been classified as a Table 3 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. A future document will inform the general public of
these tables. On January 6, 1989, the Office of Management and Budget
(OMB) waived Table 2 and Table 3 SIP revisions from the requirement of
section 3 of Executive Order 12291 for a period of two years. The US
EPA has submitted a request for a permanent waiver for Table 2 and
Table 3 SIP revisions. The OMB has agreed to continue the waiver until
such time as it rules on USEPA's request. This request continues in
effect under Executive Order 12866 which superseded Executive Order
12291 on September 30, 1993.
SIP approvals under section 110 and subchapter I, part D of the CAA
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, I certify 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 regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. EPA, 427 U.S. 246, 256-66 (S. Ct. 1976); 42
U.S.C. 7410 (a)(2).
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any State implementation plan. Each request for revision to
the State implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
The Agency has reviewed this request for revision of the federally-
approved State implementation plan for conformance with the provisions
of the 1990 Amendments enacted on November 15, 1990. Although New
Hampshire submitted this request prior to November 15, 1990, the Agency
has determined that this action conforms with those requirements. The
revisions strengthen the requirements in the New Hampshire SIP and
conform to all of EPA's current regulations.
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 October 18, 1994. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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
Air pollution control, Incorporation by reference,
Intergovernmental relations, Particulate matter, Reporting and
recordkeeping requirements.
Note: Incorporation by reference of the State Implementation
Plan for the State of New Hampshire was approved by the Director of
the Federal Register on July 1, 1982.
Dated: June 10, 1994.
Patrica L. Meaney,
Acting Regional Administrator, Region I.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart EE--New Hampshire
2. Section 52.1520 is amended by adding paragraph (c)(40) to read
as follows:
Sec. 52.1520 Identification of plan.
* * * * *
(c) * * *
(40) Revisions to the State Implementation Plan submitted by the
New Hampshire Air Resources Division on July 6, 1989.
(i) Incorporation by reference.
(A) Letter from the New Hampshire Air Resources Division dated July
6, 1989 submitting revisions to the New Hampshire State Implementation
Plan.
(B) Revisions to New Hampshire's Rule Env-A 303.01 entitled
``Particulate Matter,'' effective April 21, 1989.
(C) Revisions to New Hampshire's Rule Env-A 1001.02 entitled
``permissible Open Burning,'' effective May 26, 1989.
3. In Sec. 52.1525 the table is amended by adding new entries to
existing state citations for ``particulate matter'' and ``open air
burning'' to read as follows:
Sec. 52.1525 EPA-Approved New Hampshire State regulations.
* * * * *
Table 52.1525.--EPA-Approved Rules and Regulations\1\--New Hampshire
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Date
Title/subject State citation adopted Date approved EPA Federal Register 52.1520 Comments
chapter\2\ State citation
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* * * * * * *
Particulate matter Env-A 303 4/21/89 August 19, 1994... [FR citation from (c)(40) 303.01
published date]. 303.015
Open-Air Burning.. Env-A 1001 5/19/89 August 19,1994.... FR citation from (c)(40) 1001.02
published date].
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\1\These regulations are applicable statewide unless otherwise noted in the Comments section.
\2\When the New Hampshire Department of Environmental Services was established in 1987, the citation chapter
title for the air regulations changed from CH Air to Enr-A.
Subpart C--New Hampshire
PART 81--[AMENDED]
1. The authority for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 81.330 is amended by revising the attainment status
designation table for TSP to read as follows:
Sec. 81.330 New Hampshire.
New Hampshire-TSP
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Better than
Designated area Does not meet primary Does not meet Cannot be classified national
standards secondary standards standard
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Metro Keene........... ...................... ...................... ...................... X
Metro Manchester...... ...................... ...................... X ................
Remainder of New ...................... ...................... ...................... X
Hampshire's Portion
of So. N.H.M.V. AQCR
121.
Central NH Interstate ...................... ...................... ...................... X
AQCR 149.
Metro Berlin.......... ...................... ...................... X ................
Remainder of New ...................... ...................... ...................... X
Hampshire's portion
of Androscoggin
Valley Interstate
ACQR 107.
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[FR Doc. 94-20255 Filed 8-18-94; 8:45 am]
BILLING CODE 6560-50-M
