[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Rules and Regulations]
[Pages 8863-8867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4134]
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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 protected].
3. Fax: (617) 918-0047.
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,
[[Page 8864]]
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 (617) 918-1668, fax number (617) 918-0668, e-mail
[email protected].
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.
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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.
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\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.
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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
[[Page 8865]]
(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]
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VOC NOX
Sector -----------------------------------------------------------------------------------------------
2002 2009 Change % Change 2002 2009 Change % Change
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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
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Total............................................... 231,636 195,536 -36,099 -15.58 280,757 191,074 -89,683 -31.94
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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)
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Boston-Manchester-Portsmouth (SE), 15.31 28.53
New Hampshire moderate 8-hour
ozone nonattainment area.........
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[[Page 8866]]
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
[[Page 8867]]
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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