[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 6560-50-P