[Federal Register Volume 77, Number 83 (Monday, April 30, 2012)]
[Rules and Regulations]
[Pages 25362-25363]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10198]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2012-0008; A-1-FRL-9664-8]
Approval and Promulgation of Air Quality Implementation Plans;
Massachusetts; Determination of Attainment of the One-Hour Ozone
Standard for the Springfield Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is making two separate and independent determinations.
First, EPA is determining that the Springfield (Western Massachusetts)
serious one-hour ozone nonattainment area did not meet the applicable
deadline of December 31, 2003, for attaining the one-hour National
Ambient Air Quality Standard (NAAQS) for ozone. This final
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 2001-2003 monitoring period. Second, EPA is determining that
the Springfield (Western Massachusetts) 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 2009- 2011. The area first attained the one-hour
NAAQS during the 2007-2009 monitoring period, and continued in
attainment during the 2008-2010, and 2009-2011 monitoring periods.
DATES: Effective Date: This rule is effective on May 30, 2012.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2012-0008. 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. 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.
Organization of this document. 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 Actions
IV. Statutory and Executive Order Reviews
I. What Actions is EPA Taking?
EPA is making two separate and independent final determinations for
the Springfield (Western Massachusetts) one-hour ozone serious
nonattainment area (hereafter, ``the Western Massachusetts area'').
A. Determination of Failure To Attain by Applicable Attainment Date
EPA is determining that the Western Massachusetts area did not
attain the one-hour ozone National Ambient Air Quality Standard (NAAQS)
by the applicable attainment date, December 31, 2003. This
determination is based upon complete, quality-assured and certified air
quality monitoring data for the 2001 through 2003 ozone seasons.
B. Determination of Current Attainment
In addition, EPA is determining that the Western Massachusetts area
is currently attaining the one-hour ozone NAAQS based upon complete,
quality-assured and certified ambient air monitoring data for 2009-2011
showing the area has attained the one-hour ozone NAAQS, and that it has
done so continuously since the 2007-2009 monitoring period.
Additional information related to these determinations and the
rationale for them are set forth in the Notice of Proposed Rulemaking
(NPR) published on January 24, 2012 (77 FR 3417) and will not be
restated here. EPA received no comments 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 one-hour ozone anti-
backsliding requirements. See SCAQMD v. EPA, 472 F.3d 882, at 903 (DC
Cir. 2006). In keeping with this responsibility, EPA has determined
that the Western Massachusetts area 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 Western Massachusetts 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 666, January
3, 2001. In addition, EPA has also determined that the Western
Massachusetts area attained the one-hour ozone standard in 2009, and
continues to 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 Western
Massachusetts area under the one-hour ozone standard.
[[Page 25363]]
III. Final Actions
EPA is determining that the Western Massachusetts one-hour ozone
nonattainment area did not meet its applicable one-hour ozone
attainment date of December 31, 2003, based on 2001-2003 complete,
quality-assured ozone monitoring data. Separate from and independent of
this determination, EPA is also determining that the Western
Massachusetts one-hour ozone nonattainment area is currently attaining
the one-hour ozone standard, based on the most recent three years
(2009-2011) 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 2007-2009
period, and has continued to attain this standard through the 2008-2010
and 2009-2011 monitoring periods.
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/
or 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).
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 June 29, 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: April 17, 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--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401.
Subpart W--Massachusetts
0
2. Section 52.1129 is amended by adding paragraph (e) to read as
follows:
Sec. 52.1129 Control strategy: Ozone.
* * * * *
(e) Determination of Attainment for the One-Hour Ozone Standard.
Effective May 30, 2012, EPA is determining that the Springfield
(Western Massachusetts) one-hour ozone nonattainment area did not meet
its applicable one-hour ozone attainment date of December 31, 2003,
based on 2001-2003 complete, quality-assured ozone monitoring data.
Separate from and independent of this determination, EPA is determining
that the Springfield (Western Massachusetts) one-hour ozone
nonattainment area met the one-hour ozone standard, based on 2007-2009
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 2007-2009 monitoring
period, and has continued attaining the one-hour standard through the
2008-2010 and 2009-2011 monitoring periods.
[FR Doc. 2012-10198 Filed 4-27-12; 8:45 am]
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