Approval and Promulgation of Air Quality Implementation Plans; New Hampshire; Approval of PMINF10 State Implementation Plan (SIP) Revisions and Designation of Areas for Air Quality Planning Purposes

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]

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