[Federal Register Volume 77, Number 52 (Friday, March 16, 2012)]
[Rules and Regulations]
[Pages 15607-15608]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6424]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2010-0380; A-1-FRL-9648-5 ]
Approval and Promulgation of Air Quality Implementation Plans;
Connecticut; Determination of Attainment of the One-Hour Ozone Standard
for the Greater Connecticut Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is determining that the Greater Connecticut serious
one-hour ozone nonattainment area did not meet the applicable deadline
of November 15, 2007, for attaining the one-hour National Ambient Air
Quality Standard (NAAQS) for ozone. This determination is based upon
complete, quality-assured, certified ambient air monitoring data that
show the area had an expected ozone exceedance rate above the level of
the now revoked one-hour ozone NAAQS for the 2005-2007 monitoring
period. Separate from and independent of this determination, EPA is
also determining that the Greater Connecticut serious one-hour ozone
nonattainment area currently attains the now revoked one-hour NAAQS for
ozone, based upon complete, quality-assured, certified ambient air
monitoring data for 2008-2010. The area first attained the one-hour
NAAQS during the 2006-2008 monitoring period, and continued in
attainment during the 2007-2009, and 2008-2010 monitoring periods.
Quality assured and quality controlled, but not yet certified ozone
data available for 2011 indicate that the area continues to attain the
one-hour NAAQS. These determinations are made under the Clean Air Act.
DATES: Effective Date: This rule is effective on April 16, 2012.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2011-0711. All documents in the docket
are listed on the 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
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 02109-3912. 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.
FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality
Planning Unit, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912, telephone number (617) 918-1664, fax number (617) 918-0664, email
Burkhart.Richard@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
The following outline is provided to aid in locating information in
this preamble.
I. What actions is EPA taking?
II. What is the effect of these actions?
III. Final Action
IV. Statutory and Executive Order Reviews
I. What actions is EPA taking?
EPA is taking two separate and independent actions for the Greater
Connecticut one-hour ozone serious nonattainment area (hereafter, ``the
Greater Connecticut area'').
A. Determination of Failure To Attain by Applicable Attainment Date
EPA is determining that the Greater Connecticut area did not attain
the one-hour ozone National Ambient Air Quality Standard (NAAQS) by the
applicable attainment date, November 15, 2007. This determination is
based upon complete, quality-assured and certified air quality
monitoring data for the 2005 through 2007 ozone seasons.
B. Determination of Current Attainment
In addition, EPA is determining that the Greater Connecticut area
is currently attaining the one-hour ozone NAAQS based upon complete,
quality-assured and certified ambient air monitoring data showing the
area currently monitored attainment of the one-hour ozone NAAQS, and
that it has done so continuously since the 2006-2008 monitoring period.
Other specific details related to these determinations and the
rationale for EPA's action are explained in the Notice of Proposed
Rulemaking (NPR) published on November 23, 2011 (76 FR 72377) and will
not be restated here. No comments were received on the NPR.
II. What is the effect of these actions?
After revocation of the one-hour ozone standard, EPA must continue
to provide a mechanism to give effect to the one-hour anti-backsliding
requirements. See SCAQMD v. EPA, 47 F.3d 882, at 903. In keeping with
this responsibility, EPA has determined that Greater Connecticut failed
to attain the one-hour ozone standard by its applicable attainment
date. Consistent with 40 CFR 51.905(e)(2), and the South Coast
decision, upon revocation of the one-hour ozone NAAQS for an area, EPA
is no longer obligated to determine whether an area has attained the
one-hour NAAQS, except insofar as it relates to effectuating the anti-
backsliding requirements that are specifically retained. EPA's
determination here is linked solely to required, one-hour anti-
backsliding, contingency measures. A final determination of failure to
attain will not result in reclassification of the area under the
revoked one-hour standard, nor is EPA identifying or determining any
new one-hour reclassification for the area. EPA is no longer required
to reclassify an area to a higher classification for the one-hour ozone
NAAQS based upon a determination that the area failed to attain that
NAAQS by its attainment date. See 40 CFR 51.905(e)(2)(i)(B). Moreover,
EPA has previously approved the one-hour ozone attainment demonstration
and Reasonable Further Progress (ROP) plans for this area, and in doing
so noted that although there were no state implementation plan
contingency measure reductions applicable to the Greater Connecticut
area for failure to attain, there were federal measures the state had
not accounted for in its attainment demonstration that provided more
reductions than necessary to serve the purpose of contingency measures
for this area. See 66 FR 634, January 3, 2001. In addition, EPA has
also determined that the Greater Connecticut area attained the one-hour
ozone standard in 2008, and continues to
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attain this standard. In this context, EPA has also determined that
there are not any additional obligations, including those relating to
one-hour ozone contingency measures, for the Greater Connecticut area
under the one-hour ozone standard.
III. Final Action
EPA is determining that the Greater Connecticut one-hour ozone
nonattainment area did not meet its applicable one-hour ozone
attainment date of November 15, 2007, based on 2005-2007 quality-
assured ozone monitoring data. Separate from and independent of this
determination, EPA is also determining that the Greater Connecticut
one-hour ozone nonattainment area is currently attaining the one-hour
ozone standard, based on the most recent three years (2008-2010) of
complete, quality-assured ozone monitoring data at all monitoring sites
in the area. EPA's review of the data shows that the area began
attaining the one-hour ozone standard in the 2006-2008 period, and has
continued to attain this standard through the 2007-2009 and 2008-2010
monitoring periods. Quality assured and quality controlled, but not yet
certified, ozone data available for 2011 indicate that the area
continues to attain the one-hour NAAQS.
IV. Statutory and Executive Order Reviews
These actions make determinations of attainment based on air
quality, result in the suspension of certain Federal requirements, and
would not impose additional requirements beyond those imposed by state
law. For that reason, these actions:
Are not ``significant regulatory actions'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are 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
Do 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, these actions do 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 these actions 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). This rule is effective on April 16, 2012.
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 May 15, 2012. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: March 8, 2012.
H. Curtis Spalding,
Regional Administrator, EPA New England.
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 H--Connecticut
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2. Section 52.377 is amended by adding paragraph (i) to read as
follows:
Sec. 52.377 Control strategy: Ozone.
* * * * *
(i) Determination of Attainment for the One-Hour Ozone Standard.
Effective April 16, 2012, EPA is determining that the Greater
Connecticut one-hour ozone nonattainment area did not meet its
applicable one-hour ozone attainment date of November 15, 2007, based
on 2005-2007 complete, quality-assured ozone monitoring data. Separate
from and independent of this determination, EPA is determining that the
Greater Connecticut one-hour ozone nonattainment area met the one-hour
ozone standard, based on 2008-2010 complete, quality-assured ozone
monitoring data at all monitoring sites in the area. EPA's review of
the ozone data shows that the area began attaining the one-hour ozone
standard during the 2006-2008 monitoring period, and has continued
attaining the one-hour standard through the 2007-2009 and 2008-2010
monitoring periods.
[FR Doc. 2012-6424 Filed 3-15-12; 8:45 am]
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