[Federal Register: October 15, 2009 (Volume 74, Number 198)]
[Rules and Regulations]
[Page 52891-52894]
[DOCID:fr15oc09-11]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0120; FRL-8968-1]

Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Carbon Monoxide Maintenance Plan Updates; Limited Maintenance
Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Indiana Department of Environmental Management (IDEM)
submitted Carbon Monoxide (CO) ``Limited Maintenance Plan'' updates for
Lake and Marion Counties on January 12, 2009. These Limited Maintenance
Plans demonstrate continued attainment of the CO National Ambient Air
Quality Standard (NAAQS) for Lake and Marion counties for an additional
ten years. EPA is, therefore, approving it into Indiana's State
Implementation Plan (SIP).

DATES: This direct final rule will be effective December 14, 2009,
unless EPA receives adverse comments by November 16, 2009. 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-R05-
OAR-2009-0120, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2009-0120. 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 information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
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 docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Charles Hatten, Environmental Engineer,
at<PHONE_NUMBER> before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. Why did the State make this submittal to EPA?
II. What is a Limited Maintenance Plan?
III. What is EPA's analysis of the submittal?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. Why did the State make this submittal to EPA?

    On December 21, 1999, the State of Indiana submitted redesignation
requests and limited CO maintenance plans for the Lake County (East
Chicago) and Marion County (Indianapolis) CO nonattainment areas. EPA
subsequently approved the redesignation request and limited maintenance
plans for CO attainment in Lake and Marion Counties on January 19, 2000
(65 FR 2883).
    Section 175A of the Clean Air Act (CAA) sets forth the elements of
a maintenance plan for areas seeking redesignation from nonattainment
to attainment. The plan must demonstrate continued attainment of the
applicable NAAQS for at least ten years after EPA approves a
redesignation to attainment. Eight years after the redesignation, the
State must submit a revised maintenance plan which demonstrates
attainment for the ten years following the initial ten year period.
    As part of the original redesignation request and limited CO
maintenance plan, IDEM committed to review, and revise its limited
maintenance plan eight years after the areas were redesignated to
attainment of the CO standard, as required by section 175A(b) of the
CAA. On January 12, 2009, Indiana satisfied its commitment by
submitting a revision to its SIP to update the limited CO maintenance
plans for both the Lake County and Marion County CO attainment areas.
The update to the limited CO maintenance plan for Lake County and
Marion County supplements, and does not replace, the original approved
maintenance plans. The commitments in the approved maintenance plans
continue to apply for a second 10 year period.

A. Has public notice been provided?

    Indiana published a public notice on November 19, 2008, for the
limited maintenance plan update for the Lake and Marion Counties CO
attainment areas. No public comments were received during the 30-day
comment period ending on December 19, 2008.

B. Geographic Boundaries

    The CO maintenance areas are much smaller than Lake County and
Marion County, respectively. The following is a brief description of
the two maintenance counties included in this update.
Lake County
    Lake County is located in northwest Indiana. The Lake County CO
maintenance area is in the City of East Chicago (area bounded by
Columbus Drive on the north, the Indiana Harbor Canal on the west,
148th St., if extended, on the south and Euclid Avenue on the east).
Marion County
    Marion County is located in central Indiana, and is part of the
Indianapolis metropolitan area. However, only a small area located in
the center of Marion County, bounded by 11th St. on to the north,
Capitol Avenue to the west, Georgia Street to the south and Delaware to
the east is classified as maintenance for CO.

II. What is a Limited Maintenance Plan?

    ``Limited Maintenance Plans'' are applicable in certain areas that
EPA had formerly designated as nonclassifiable and nonattainment for
CO. As discussed in an October 6, 1995, memorandum entitled ``Limited
Maintenance Plan Option for Nonclassifiable CO Nonattainment Areas,''
EPA will consider the maintenance demonstration satisfied if the design
value (the second highest 8-hour non-overlapping monitored value) is at
or below 7.65 parts per million (ppm), or 85 percent of the level of
the eight hour CO NAAQS of 9.0 ppm. The design value must be based on
eight consecutive quarters of data. For such areas, there is no
requirement to project emissions of air quality over the maintenance
period. EPA believes that if the area begins the maintenance period at,
or below, 85 percent of the CO 8-hour NAAQS, then the applicability of
Prevention of Significant Deterioration (PSD) requirements, the control
measures already in the SIP, and Federal measures should provide
adequate assurance of maintenance over the ten year maintenance period.
In addition, the design value for the area must continue to be at or
below 7.65 ppm until the time of final EPA action.
    The core provisions that are required in a limited maintenance plan
for CO are: an attainment emissions inventory, a maintenance
demonstration (which is satisfied by the air quality demonstration
described in the previous paragraph), continued operation of an EPA
approved CO monitoring network, a contingency plan, and a demonstration
of transportation conformity. Each of these components has been
adequately addressed by in IDEM's submittal.

III. What is EPA's Analysis of the submittal?

Attainment/Emission Inventory

    The State is required to develop an attainment emission inventory
to identify a level of emissions in the area which is sufficient to
attain the CO NAAQS. In its submittal, IDEM provided a comprehensive
emission inventory of major sources permitted in Lake and Marion
Counties from the original maintenance plan's emissions (1997) compared
to the most recent emissions inventory (2006). The State demonstrated
that the CO emissions from major sources in Lake County and Marion
County have decreased by 2,126.86 tons per year, and 22,679.12 tons per
year, respectively, from 1997 to 2006. This decrease can be attributed
to a number of factors, including Federally mandated programs, closings
of permitted stationary sources, and source-specific operating
provisions.
    By opting to comply with the requirements of the limited
maintenance plan option, IDEM is not required to project CO emissions
for Lake and Marion Counties as part of the updates to these limited
maintenance plans.

Maintenance Demonstration

    To qualify for the limited CO maintenance plan option, the CO
design value for the area (the second highest eight hour non-
overlapping monitored value), based on eight consecutive quarters (2
years of data) must be at or below, 7.65 ppm, or 85 percent of the
level of the eight hour CO NAAQS. To assess whether the area meets the
applicability cutoff for the limited maintenance plan, a separate
design value must be developed for every monitoring site. The highest
of these design values is the design value for the whole area.
    In Lake County, there is one monitoring site collecting CO data for
maintenance of the CO NAAQS located at the East Chicago Post Office.
The 2007 eight hour CO design value for the monitor in Lake County area
is 3.0 ppm.
    In Marion County, there are two CO monitoring sites in operation,
one located at 50 North Illinois Street, and one at the Naval Avionics
Center. The 2007 eight hour CO design values for these two monitors are
3.6 ppm (North Illinois Street), and 2.1 ppm (Naval Avionics Center).
This makes the Marion County CO maintenance area's design value 3.6
ppm. The CO design values for Lake and Marion Counties are presented in
the table below.

                              Current CO Design Value for Lake and Marion Counties
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                                                                                1st Max    2nd Max     Design
            Site ID                   County           Site name         Year      8-hour     8-hour     value
                                                                                (ppm)      (ppm)      (ppm)
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18-089-0001...................  Lake.............  East Chicago.....       2006        3.2        2.4        2.4
18-089-0001...................  Lake.............  East Chicago.....       2007        3.1        3.0        3.0
18-097-0072...................  Marion...........  50 North Illinois       2006        2.1        2.0        2.4
18-097-0072...................  Marion...........  50 North Illinois       2007        4.3        3.6        3.6
18-097-0073...................  Marion...........  Naval Avionics          2006        2.3        2.1        2.1
                                                    Center.
18-097-0073...................  Marion...........  Naval Avionics          2007        2.3        2.0        2.1
                                                    Center.
----------------------------------------------------------------------------------------------------------------

    The eight hour design values from the AIRS (Aerometric
Information Retrieval System) Quick Look data report were examined
for Lake County and Marion County and have not exceeded the 7.65 ppm
level for the 1998 to 2007 time interval.
    Current data in AIRS for 2008 show that the CO monitoring values
for Lake County and Marion County continue to be below 7.65 ppm. See
table below.

                         Current CO Ambient Monitoring Data for Lake and Marion Counties
----------------------------------------------------------------------------------------------------------------
                                                                                1st Max    2nd Max
              Site ID                       County               Site name          Year      8-hour     8-hour
                                                                                (ppm)      (ppm)
----------------------------------------------------------------------------------------------------------------
18-089-0001.......................  Lake.................  East Chicago........       2008        3.3        3.0
18-097-0072.......................  Marion...............  50 North Illinois...       2008        3.2        2.1
18-097-0073.......................  Marion...............  Naval Avionics             2008        1.3        1.2
                                                            Center.
----------------------------------------------------------------------------------------------------------------

    EPA also examined at CO monitoring data for 2009. While this
data has yet to be quality assured, it shows CO levels continue to
be low for Lake County and Marion County.
    Based on ambient air monitoring date, Lake and Marion Counties
are eligible to update their maintenance plan under the limited
maintenance plan policy. IDEM will continue to maintain a continuous
CO monitoring network, meeting the requirements of 40 CFR Part 58,
that provides adequate coverage to verify continued compliance with
the CO NAAQS.

IV. What action is EPA taking?

    EPA is approving a SIP revision request submitted by the State
of Indiana. This SIP revision meets the requirements for a second
ten year limited CO maintenance plan for Lake County and Marion
County, Indiana. The SIP revision supplements the current approved
limited CO maintenance plans for Lake County and Marion County, and
continues to demonstrate maintenance of the CO NAAQS for an
additional ten years.
    We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the Proposed Rules section of this Federal
Register publication, we are publishing a separate document that
will serve as the proposal to approve the state plan if relevant
adverse written comments are filed. This rule will be effective
December 14, 2009 without further notice unless we receive relevant
adverse written comments by November 16, 2009. If we receive such
comments, we will withdraw this action before the effective date by
publishing a subsequent document that will withdraw the final
action. All public comments received will then be addressed in a
subsequent final rule based on the proposed action. The EPA will not
institute a second comment period, therefore, any parties interested
in commenting on this action should do so at this time. If we do not
receive any comments, this action will be effective December 14,
2009.

V. 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 Order
12866 (58 FR 51735, October 4, 1993);
     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, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located
in the state, and EPA notes that it will not impose substantial
direct costs on Tribal governments or preempt Tribal law.
    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 December 14, 2009.
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. 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, Carbon monoxide,
Incorporation by reference, and Intergovernmental relations.

    Dated: September 29, 2009.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.

0
For the reasons stated in the preamble, part 52, chapter I, of title 40
of the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

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

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

Subpart P--Indiana

0
2. Section 52.785 is amended by adding paragraph (c) to read as
follows:

Sec.  52.785  Control Strategy: Carbon Monoxide.

* * * * *
    (c) Approval--The Indiana Department of Environmental Management
(IDEM) submitted Carbon Monoxide (CO) Limited Maintenance Plan Updates
for Lake and Marion Counties on January 12, 2009. The updated Limited
Maintenance Plans

demonstrate attainment of the CO National Ambient Air Quality Standard
(NAAQS) for Lake and Marion Counties for an additional ten years.
[FR Doc. E9-24695 Filed 10-14-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Notices]
[Page 67457]
[FR Doc No: 2021-25851]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-434-000]

Altop Energy Trading LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Altop Energy Trading LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is December 9, 2021.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: November 19, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-25851 Filed 11-24-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 26 (Friday, February 7, 2020)]
[Notices]
[Page 7303]
[FR Doc No: 2020-02304]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10005-00-OA]

Farm, Ranch, and Rural Communities Advisory Committee (FRRCC)
Notice of Charter Renewal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Notice is hereby given that the Environmental Protection
Agency (EPA) has determined that, in accordance with the provisions of
the Federal Advisory Committee Act (FACA), 5 U.S.C. App. 2, the Farm,
Ranch, and Rural Communities Advisory Committee (FRRCC) is in the
public interest and is necessary in connection with the performance of
EPA's duties. Accordingly, the FRRCC will be renewed for an additional
two-year period. The purpose of the FRRCC is to provide advice and
recommendations to the EPA Administrator on environmental issues and
policies that are of importance to agriculture and rural communities.
Inquiries may be directed to Hema Subramanian, Designated Federal
Officer for the FRRCC, U.S. EPA, (Mail Code 1101A), 1200 Pennsylvania
Avenue NW, Washington, DC 20460, or<EMAIL_ADDRESS>
    Dated: January 21, 2020.
Elizabeth (Tate) Bennett,
Agriculture Advisor to the Administrator, Associate Administrator,
Office of Public Engagement and Environmental Education.
[FR Doc. 2020-02304 Filed 2-6-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: February 27, 2009 (Volume 74, Number 38)]
[Rules and Regulations]
[Page 8863-8867]
[DOCID:fr27fe09-7]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2008-0485; A-1-FRL-8771-3]

Approval and Promulgation of Air Quality Implementation Plans;
New Hampshire; 2009 Motor Vehicle Emissions Budgets for the Boston-
Manchester-Portsmouth (SE), New Hampshire, 8-Hour Ozone Nonattainment
Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of New Hampshire. This revision contains 8-hour
ozone transportation conformity emission budgets for the Boston-
Manchester-Portsmouth (SE), New Hampshire, 8-hour ozone nonattainment
area. This action is being taken under the Clean Air Act.

DATES: This direct final rule will be effective April 28, 2009, unless
EPA receives adverse comments by March 30, 2009. 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 Number EPA-
R01-OAR-2008-0485 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2008-0485'',
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, Suite 1100 (mail code CAQ),
Boston, MA 02114-2023.
    5. 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-
2008-0485. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://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 http://
www.regulations.gov, or e-mail, information that you consider to be CBI
or otherwise protected. The http://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 http://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
http://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 http://
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.
    In addition, copies of the state submittal are also available for
public inspection during normal business hours, by appointment at the
State Air Agency; Air Resources Division,

Department of Environmental Services, 6 Hazen Drive, P.O. Box 95,
Concord, NH 03302-0095.

FOR FURTHER INFORMATION CONTACT: Donald O. Cooke, Air Quality Unit,
U.S. Environmental Protection Agency, EPA New England Regional Office,
One Congress Street, Suite 1100 (CAQ), Boston, MA 02114-2023, telephone
number<PHONE_NUMBER>, fax number<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>
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. Background and Purpose
II. Comparisons of Year 2002 Emissions to Year 2009
III. Adequacy Process and SIP Approval
IV. Transportation Conformity Motor Vehicle Emissions Budgets
V. Basis for Approval
VI. Final Action
VII. Statutory and Executive Order Reviews

I. Background and Purpose

    On April 30, 2004 (69 FR 23857), EPA designated as nonattainment
any area that was violating the 1997 0.08 parts per million (ppm) 8-
hour ozone national ambient air quality standard (NAAQS) based on the
three most recent years (2001-2003) of air quality data.\1\ Portions of
Hillsborough, Merrimack, Rockingham and Strafford Counties in New
Hampshire were designated as a moderate ozone nonattainment area
(specifically, the Boston-Manchester-Portsmouth (SE), New Hampshire
area). The rest of New Hampshire was designated as attainment of the
1997 8-hour ozone NAAQS. (See 40 CFR 81.330.) One year after the June
15, 2004 effective date of the 8-hour ozone designations,
transportation and general conformity applied to the nonattainment
area.
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    \1\ On March 27, 2008 (73 FR 16436), EPA revised the 8-hour
ozone standard. The new standard is set at 0.075 ppm. EPA has not
yet made designations for the 2008 ozone standard.
---------------------------------------------------------------------------

    On March 18, 2008, EPA determined that the Boston-Manchester-
Portsmouth (SE), New Hampshire moderate 8-hour ozone nonattainment area
had attained the 1997 8-hour ozone NAAQS. (See 73 FR 14387.) This
determination of attainment was based upon certified ambient air
monitoring data that show the Boston-Manchester-Portsmouth (SE), New
Hampshire area had monitored attainment of the 1997 ozone NAAQS since
the 2002-2004 monitoring period. At present, quality controlled and
quality assured ozone data for 2008 available in the EPA Air Quality
System (AQS) database, but not yet certified, show this area continues
to attain the 1997 ozone NAAQS.
    Under the provisions of EPA's ozone implementation rule (see 40 CFR
Section 51.918), this determination of attainment suspended 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 1997 8-hour ozone NAAQS for so long
as the area continues to attain the 1997 ozone NAAQS. However, this
action did not constitute a redesignation to attainment under CAA
section 107(d)(3), because the area did not have an approved
maintenance plan as required under section 175A of the CAA, nor a
determination that the area had met the other requirements for
redesignation. The classification and designation status of the area
remains moderate nonattainment for the 1997 8-hour ozone NAAQS and
transportation and general conformity continue to apply.
    On May 28, 2008, the State of New Hampshire submitted a formal
revision to its SIP containing 8-hour ozone transportation conformity
emission budgets in tons per summer day, of volatile organic compounds
(VOC) and oxides of nitrogen (NOX) for the year 2009 for the
Boston-Manchester-Portsmouth (SE), New Hampshire moderate 8-hour ozone
nonattainment area. This SIP revision was developed in accordance with
EPA's transportation conformity rule (69 FR 40028; July 1, 2004), which
allows states with 8-hour ozone nonattainment areas to adopt early
motor vehicle emissions budgets (MVEBs) that address the 8-hour ozone
NAAQSs in advance of a complete SIP attainment demonstration. EPA's
clean air determination has stayed the state's obligation to prepare an
8-hour ozone attainment SIP for the 1997 ozone standard. The submitted
SIP revision establishes budgets to simplify the conformity process for
New Hampshire Metropolitan Planning Organizations (MPOs) while
increasing the level of protection for New Hampshire's citizens during
this interim period before MVEBs are established by an 8-hour ozone
redesignation plan and its maintenance plan.
    The 8-hour ozone motor vehicle emissions budgets for calendar year
2009 included in New Hampshire's May 28, 2008 SIP revision cover the
exact area of the 8-hr ozone nonattainment area. Before these budgets
were determined adequate (see Section III ``Adequacy Process and SIP
Approval'' below), the four New Hampshire MPOs in the nonattainment
area \2\ were required to determine conformity jointly using: (1) The
2002 interim emissions budgets for that portion of the 8-hour ozone
area located within the former Manchester 1-hour ozone nonattainment
area; (2) the 2007 MVEBs for the former Boston-Lawrence-Worcester,
Southern New Hampshire 1-hour ozone nonattainment area; and, (3) the
2003 MVEBs for the former Portsmouth-Dover-Rochester, New Hampshire 1-
hour ozone nonattainment area.
---------------------------------------------------------------------------

    \2\ The four metropolitan planning organizations within 8-hr
ozone nonattainment area are: the Nashua Regional Planning
Commission; the Rockingham Planning Commission; the Southern New
Hampshire Planning Commission, and the Strafford Regional Planning
Commission.
---------------------------------------------------------------------------

II. Comparisons of Year 2002 Emissions to Year 2009

    Inventory information developed for the New Hampshire 2002 Periodic
Emission Inventory, as well as for 2009 emission projections, was
prepared on a full county level, not on an individual town basis.
Interagency consultation between EPA and the New Hampshire Department
of Environmental Services established that emissions reductions
calculated for the four full county inventories (point sources, area
sources, non-road and on-road mobile) would be proportional to
emissions reductions in the slightly smaller area of the Boston-
Manchester-Portsmouth (SE), New Hampshire, 8-hour ozone nonattainment
area. However, the actual 2009 MVEBs were developed on a town-by-town
basis and correspond to the actual area of the 8-hour nonattainment
area.
    The total inventory of VOC for Hillsborough, Merrimack, Rockingham,
and Strafford Counties is 231,636 pounds per summer weekday in calendar
year 2002, and is projected to be 195,536 pounds per summer weekday in
calendar year 2009. This represents an overall inventory reduction of
15.58% (36,099 pounds of VOC per summer weekday). Similarly, the total
inventory of NOX for Hillsborough, Merrimack, Rockingham,
and Strafford Counties is 280,757 pounds per summer weekday in calendar
year 2002, and is projected to be 191,074 pounds per summer weekday in
calendar year 2009. This represents an overall inventory reduction of
31.94% (89,683 pounds of NOX per summer weekday). On-road
mobile VOC and NOX 2009 summer weekday emissions are
expected to decrease significantly from 2002 levels

(38.13% reduction of VOC and 36.24% reduction of NOX).
    Table 1 below shows that VOC and NOX emissions in the
southern New Hampshire four counties (Hillsborough, Merrimack,
Rockingham, and Strafford Counties) are expected to decrease
considerably from year 2002 to year 2009 for all source categories,
except area sources.

                                 Table 1--Baseline and Future Emissions for the Southern Four Counties of New Hampshire
                                                             [In pounds per summer weekday]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                VOC                                             NOX
                         Sector                          -----------------------------------------------------------------------------------------------
                                                             2002        2009       Change     % Change      2002        2009       Change     % Change
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point Sources...........................................      15,700       8,982      -6,718      -42.79      66,760      25,526     -41,234      -61.76
Area Sources............................................      86,622      99,486      12,864       14.85      33,264      38,125       4,861       14.61
Non-Road Mobile.........................................      61,026      44,822     -16,204      -26.55      46,086      41,568      -4,518       -9.80
On-Road Mobile..........................................      68,286      42,246     -26,040      -38.13     134,647      85,855     -48,792      -36.24
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................     231,636     195,536     -36,099      -15.58     280,757     191,074     -89,683      -31.94
--------------------------------------------------------------------------------------------------------------------------------------------------------

III. Adequacy Process and SIP Approval

    On March 2, 1999, the United States Court of Appeals for the
District of Columbia Circuit issued a decision on EPA's third set of
transportation conformity amendments in response to a case brought by
the Environmental Defense Fund. The decision held that conformity
determinations could no longer be based on submitted SIP emission
budgets, prior to a positive adequacy determination by EPA.
    A May 14, 1999 EPA memorandum from Gay MacGregor to the Regional
Division Directors provides guidance on how to review budgets for
adequacy and the process for public comment and notification (posting
on the Web). The May 14, 1999 guidance is available on EPA's conformity
Web site at URL address: http://www.epa.gov/otaq/stateresources/
transconf/policy/epaguidf.pdf. EPA provided additional guidance in its
Final Rulemaking on July 1, 2004, (69 FR 40004-40081), ``Transportation
Conformity Rule Amendments for the New 8-hour Ozone and PM2.5 National
Ambient Air Quality Standards and Miscellaneous Revisions for Existing
Areas; Transportation Conformity Rule Amendments: Response to Court
Decision and Additional Rule Changes; Final Rule.''
    EPA initiated the adequacy process for New Hampshire's motor
vehicle emissions budgets on June 4, 2008, by announcing that New
Hampshire had submitted a 2009 MVEB SIP for 8-hour ozone on EPA's Web
site ``SIP Submissions Currently Under EPA Adequacy Review'' http://
www.epa.gov/otaq/stateresources/transconf/currsips.htm. The criteria by
which EPA determines whether a SIP's motor vehicle emissions budgets
are adequate for conformity purposes are outlined in 40 CFR
93.118(e)(4)(i) through 93.118(e)(4)(vi) and 93.118(e)(5). On July 9.
2008, EPA notified the New Hampshire Department of Environmental
Services (NH DES) that no comments were received during the thirty day
public comment period, and that EPA had determined the 2009 motor
vehicle emissions budgets submitted on May 28, 2008, to be adequate for
transportation conformity purposes. EPA New England published a Notice
of Adequacy in the Federal Register on July 28, 2008, (73 FR 43751),
announcing our July 9, 2008 adequacy determination and making the motor
vehicle emissions budgets effective on August 12, 2008. A copy of EPA's
July 9, 2008 adequacy determination to NH DES and the Federal Register
Notice of Adequacy are both posted in the electronic docket as well as
on EPA's Web site ``SIP Submissions that EPA has Found Adequate or
Inadequate,'' at URL address: http://www.epa.gov/otaq/stateresources/
transconf/pastsips.htm.
    This positive adequacy determination simplifies the administrative
process for demonstrating transportation conformity by establishing the
2009 VOC and NOX motor vehicle emissions budgets as
conformity criteria for all 2009 and later evaluation years. In
addition, New Hampshire's 2009 motor vehicle emissions budgets will
help ensure maintenance of the 8-hour ozone NAAQS by limiting the
transportation sector to a more restrictive year 2009 level of on-road
VOC and NOX than currently allowed by transportation
conformity's interim emission tests which are based on a combination of
2002 emissions, 2003 1-hour ozone MVEBs and 2007 1-hour ozone MVEBs in
the 8-hour ozone nonattainment area.
    Today's direct final rulemaking approves New Hampshire's adequate
2009 8-hour ozone motor vehicle emissions budgets into the New
Hampshire SIP.

IV. Transportation Conformity Motor Vehicle Emissions Budgets

    The 2009 8-hour ozone motor vehicle emissions budgets being
approved are the on-road portion of the 2009 emissions projections. As
illustrated in Table 2, below, the budgets are 15.31 tons per summer
day for VOC and 28.53 tons per summer day for NOX. The State
of New Hampshire Department of Transportation and Metropolitan Planning
Organizations within the nonattainment area shall use these budgets for
future transportation conformity determinations.

        Table 2--2009 Transportation Conformity Emission Budgets
------------------------------------------------------------------------
                                      VOC emissions      NOX emissions
                                    (tons per  summer  (tons per  summer
                                           day)               day)
------------------------------------------------------------------------
Boston-Manchester-Portsmouth (SE),             15.31              28.53
 New Hampshire moderate 8-hour
 ozone nonattainment area.........
------------------------------------------------------------------------

V. Basis for Approval

    EPA's review of New Hampshire's SIP revision concludes that this
SIP revision is consistent with EPA's Transportation Conformity Rule.
Approval of New Hampshire's SIP revision is directionally sound since
it would approve year 2009 motor vehicle emissions budgets which are
more stringent than the year 2002 baseline emissions, and more
stringent than the year 2003 and year 2007 1-hour ozone attainment
demonstration MVEBs now used to evaluate transportation conformity in
the Boston-Manchester-Portsmouth (SE), New Hampshire 8-hour ozone
nonattainment area. The projected overall summer weekday inventory
reduction in VOC emissions from 2002 to 2009 is approximately 15.6
percent, along with a 31.9 percent reduction in NOX
emissions. This results from a projected 38 percent reduction in VOC
emissions and a 36 percent reduction in NOX emissions from
on-road mobile sources.
    New Hampshire's projected reduction in VOC and NOX
emissions will help ensure maintenance of the 8-hour ozone standard.
The projected reduction in both on-road mobile sources and overall
inventory is greater than the five to ten percent reduction that was
provided as an example in the July 2004 conformity rule preamble (69 FR
40019; July 1, 2004). EPA believes that New Hampshire's May 28, 2008
SIP revision containing 2009 motor vehicle emissions budgets for the
Southeast New Hampshire moderate 8-hour ozone nonattainment area should
be approved since it will strengthen the existing SIP. Listed below are
several factors that make New Hampshire's SIP package directionally
sound.
    1. On March 18, 2008, (73 FR 14387) the EPA determined that the
Boston-Manchester-Portsmouth (SE), New Hampshire moderate 8-hour ozone
nonattainment area had attained the 1997 8-hour NAAQS for ozone.
    2. Certified ambient air monitoring data continues to show that the
area is monitoring attainment for the 1997 8-hour ozone NAAQS.
    3. There is a very large percent reduction projected in both VOC
and NOX on-road emissions (38% and 36%, respectively). New
Hampshire's June 7, 2007 submittal of its 2002 Periodic Inventory shows
that on-road mobile sources made up 29 percent of the VOC inventory and
50 percent of the NOX inventory for the 8-hour ozone
nonattainment area.
    4. The 2009 motor vehicle emissions budgets are more stringent than
existing 1-hour budgets that the area has been using in conjunction
with the interim emissions tests.

VI. Final Action

    EPA is approving New Hampshire's 2009 motor vehicle emissions
budgets for the 8-hour ozone National Ambient Air Quality Standard,
which were submitted on May 28, 2008, into the New Hampshire SIP. The
VOC and NOX motor vehicle emissions budgets being approved
are the on-road mobile source 2009 projections of 15.31 tons per summer
day of VOC and 28.53 tons per summer day of NOX. These motor
vehicle emissions budgets must be used to demonstrate that all
transportation plans and transportation improvement programs in the
Boston-Manchester-Portsmouth (SE), New Hampshire, 8-hour ozone
nonattainment area result in emissions of VOC and NOX that
do not exceed the 2009 motor vehicle emissions budgets.
    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 April
28, 2009 without further notice unless the Agency receives relevant
adverse comments by March 30, 2009.
    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 April 28, 2009 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.

VII. 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 Order
12866 (58 FR 51735, October 4, 1993);
     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, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
    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 April 28, 2009. 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: January 27, 2009.
Ira W. Leighton,
Acting Regional Administrator, EPA New England.

0
Part 52 of chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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 (d) to read as
follows:

Sec.  52.1534  Control strategy: Ozone.

* * * * *
    (d) Approval--Revision to the State Implementation Plan submitted
by the New Hampshire Department of Environmental Services on May 28,
2008. This revision establishes Year 2009 motor vehicle emission
budgets of 15.31 tons per summer day of volatile organic compounds
(VOC) and 28.53 tons per summer day of nitrogen oxides (NOX)
to be used in transportation conformity in the Boston-Manchester-
Portsmouth (SE), New Hampshire moderate 8-hour ozone nonattainment
area.

[FR Doc. E9-4134 Filed 2-26-09; 8:45 am]

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