[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Rules and Regulations]
[Pages 27908-27910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11722]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2010-0445; A-1-FRL-9305-1]
Approval and Promulgation of Air Quality Implementation Plans;
Massachusetts; Revised Carbon Monoxide Maintenance Plan for Lowell
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 Massachusetts. This SIP submittal contains
revisions to the carbon monoxide (CO) maintenance plan for Lowell,
Massachusetts. Specifically, Massachusetts has revised the contingency
plan portion of the original maintenance plan. The intended effect of
this action is to approve this revision to the Lowell CO maintenance
plan. This action is being taken in accordance with the Clean Air Act.
DATES: Effective Date: This rule is effective on June 13, 2011.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2010-0445. All documents in the docket
are listed on the http://www.regulations.gov web site. 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
through http://www.regulations.gov or in hard copy at the Office of
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New
England Regional Office, Office of Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square--Suite 100, 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.
Copies of the documents relevant to this action are also available
for public inspection during normal business hours, by appointment at
Division of Air Quality Control, Department of Environmental
Protection, One Winter Street, 8th Floor, Boston, MA 02108.
FOR FURTHER INFORMATION CONTACT: Anne K. McWilliams, Air Quality
Planning Unit, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, 5 Post Office Square--
Suite 100, (mail code OEP05-2), Boston, MA 02109--3912, telephone
number (617) 918-1697, fax number (617) 918-0697, email
mcwilliams.anne@epa,gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and Purpose
II. What action is EPA taking?
III. Summary of SIP Revision
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background and Purpose
On April 14, 2010, the Massachusetts Department of Environmental
Protection (DEP) submitted a revision to its State Implementation Plan
(SIP) for Massachusetts. The SIP revision consists of a minor
modification to the carbon monoxide (CO) maintenance plan for Lowell,
Massachusetts. (A redesignation request and a maintenance plan for the
Lowell CO nonattainment area were approved by EPA on February 19, 2002
(67 FR 7272).) The modification changes the triggering mechanism which
will be used by the State to determine if contingency measures need to
be implemented in Lowell.
On February 17, 2011, EPA proposed approval of this SIP revision
(76 FR 9281). EPA received no comments on the proposed rulemaking.
II. What action is EPA taking?
EPA is approving revisions to the Lowell carbon monoxide
maintenance plan submitted by the State of Massachusetts on April 14,
2010. Specifically, EPA is approving the State's modification of the
portion of the maintenance plan used to determine when contingency
measures need to be triggered to reduce CO concentrations in Lowell.
This action will allow the discontinuation of CO monitoring in the
Lowell maintenance area. Other specific requirements of the revised
carbon monoxide plan for Lowell, Massachusetts and the rationale for
EPA's proposed action are explained in the Notice of Proposed
Rulemaking (NPR) and will not be restated here.
III. Summary of SIP Revision
On April 14, 2010, the Massachusetts Department of Environmental
Protection submitted a SIP revision to EPA that contains a modification
to its CO maintenance plan for the Lowell CO maintenance area. The
modifications to the maintenance plan change the triggering mechanism
by which contingency measures would be implemented and will allow the
State to discontinue CO monitoring in the Lowell maintenance area. CO
concentrations measured in Lowell have
[[Page 27909]]
been below the National Ambient Air Quality Standard (NAAQS) for nearly
25 years, and in recent years, maximum measured concentrations have
been less than 30% of the 9 parts per million (ppm) 8-hour CO
standard.\1\ In this SIP revision, the State of Massachusetts is
establishing an alternative triggering mechanism, which will rely on CO
data from a nearby CO monitor in Worcester, Massachusetts (MA).
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\1\ On January 28, 2011, EPA proposed to retain the existing CO
standard. In this action, EPA has also proposed an increase in near-
road CO monitoring. Due to the low CO concentrations recorded at the
Lowell monitor and applicable siting criteria, this monitor would
not meet the requirements for a near-road monitor.
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Under the previous maintenance plan, contingency measures in Lowell
were triggered when a violation of the CO NAAQS was measured in Lowell.
Under the revised maintenance plan, Massachusetts will rely on data
from the Worcester CO monitor to determine when and if monitoring will
be re-established in the Lowell maintenance area, and, in some
circumstances, when contingency measures will be triggered in the
Lowell maintenance area.
Massachusetts will discontinue CO monitoring in Lowell.
Massachusetts DEP will continue to collect and review CO monitoring
data from nearby Worcester, MA on an on-going basis. In the event the
second highest CO concentration in any calendar year monitored in
Worcester reaches 75 percent of the federal 1-hour or 8-hour NAAQS for
CO (35 and 9 ppm, respectively), Massachusetts will, within 9 months of
recording such concentrations, re-establish a CO monitoring site in
Lowell consistent with EPA siting criteria, and resume analyzing and
reporting those data. Massachusetts will continue to commit to
implement its contingency program in Lowell in the event that a CO
violation (the ``contingency trigger'') is monitored at the re-
established Lowell monitoring site at any time during the maintenance
period and to consider one or more of the other EPA-approved measures
listed in the 2001 Maintenance Plan if necessary to reduce CO levels.
If the Worcester CO monitor measures a violation of the either the
federal 1-hour or 8-hour NAAQS for CO, the contingency measures in 2001
Maintenance Plan for Lowell will be implemented in Lowell, as well as
triggering contingency measures in Worcester under the terms of the
existing Maintenance Plan for Worcester, until a re-established Lowell
CO monitor shows that the area is in attainment of the CO standard.
When implementing contingency measures, Massachusetts will review
and implement the measures necessary to remedy the violation, including
transportation control measures (TCM) or other additional vehicle or
fuel controls.
IV. Final Action
EPA is approving the revisions to the Lowell CO maintenance plan
submitted by the State of Massachusetts on April 14, 2010.
Specifically, EPA is approving the State's request to modify the
portion of the maintenance plan used to determine when contingency
measures need to be implemented in Lowell. As described in more detail
above, the State will shut down the Lowell CO monitor and rely on data
from the CO monitor in Worcester to determine when and if monitoring
will be reestablished in the Lowell maintenance area, and, in some
circumstances, when contingency measures will be triggered in the
Lowell maintenance area.
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 July 12, 2011. 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,
[[Page 27910]]
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: April 29, 2011.
Ira W. Leighton,
Acting Regional Administrator, EPA Region 1.
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 W--Massachusetts
0
2. Section 52.1132 is amended by adding paragraph (e) to read as
follows:
Sec. 52.1132 Control strategy: Carbon Monoxide.
* * * * *
(e) Approval--On April 14, 2010, the Massachusetts Department of
Environmental Protection submitted a modification to the Lowell
maintenance plan approved in paragraph (c) of this section.
Massachusetts will not conduct CO monitoring in Lowell, but instead
commits to continue to collect and review CO monitoring data from
nearby Worcester, MA on an on-going basis. In the event the second
highest CO concentration in any calendar year monitored in Worcester
reaches 75 percent of the federal 1-hour or 8-hour national ambient air
quality standard for CO, Massachusetts will, within 9 months of
recording such concentrations, re-establish a CO monitoring site in
Lowell consistent with EPA citing criteria, and resume analyzing and
reporting those data. Massachusetts commits to implement its
contingency program in Lowell in the event that a CO violation is
monitored at the re-established Lowell monitoring site at any time
during the maintenance period. If the Worcester CO monitor measures a
violation of either the federal 1-hour or 8-hour NAAQS for CO,
contingency measures will be implemented in Lowell as well, until a re-
established CO monitor in Lowell shows that the area is in attainment
of the CO standard.
[FR Doc. 2011-11722 Filed 5-12-11; 8:45 am]
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