[Federal Register Volume 77, Number 118 (Tuesday, June 19, 2012)]
[Rules and Regulations]
[Pages 36404-36405]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14719]
[[Page 36404]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2011-0960; FRL-9688-4]
Approval and Promulgation of Air Quality Implementation Plans;
Massachusetts; Determination of Attainment of the 1997 Ozone Standard
for the Western Massachusetts Nonattainment 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 making a final determination that the Springfield
(Western Massachusetts) moderate 1997 8-hour ozone nonattainment area
has attained the 1997 8-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 has
monitored attainment of the 1997 8-hour ozone NAAQS for the 2007-2009
and 2008-2010 monitoring periods. In addition, complete, quality-
assured, certified ambient air monitoring data for 2011 indicate that
the area continues to attain the standard. Under the provisions of
EPA's ozone implementation rule, the requirements for this area to
submit an attainment demonstration, a reasonable further progress plan,
contingency measures, and other planning State Implementation Plans
related to attainment of the 1997 8-hour ozone NAAQS shall be suspended
for so long as the area continues to attain the 1997 ozone NAAQS. In
addition, EPA is determining that this area attained the 1997 ozone
NAAQS as of June 15, 2010, its applicable attainment date.
DATES: Effective Date: This rule is effective on July 19, 2012.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2011-0960. 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 background for these actions?
III. What is the effect of these actions?
IV. Final Actions
V. Statutory and Executive Order Reviews
I. What actions is EPA taking?
EPA is making two separate and independent determinations. First,
EPA is determining that the Springfield (Western Massachusetts)
moderate 8-hour ozone nonattainment area has attained the 1997 8-hour
ozone National Ambient Air Quality Standard (NAAQS). This determination
is based upon complete, quality-assured and certified ambient air
monitoring data that show the area has monitored attainment of the 1997
ozone NAAQS for the 2007-2009 and 2008-2010 monitoring periods. In
addition, complete, quality-assured, certified ambient air monitoring
data for 2011 \1\ indicate that the area continues to attain the
standard. Second, EPA is determining, under section 181(b)(2)(A) of the
Clean Air Act (CAA), that this area attained the 1997 8-hour ozone
NAAQS by its applicable attainment date (June 15, 2010).
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\1\ The data capture for the Adams ozone monitor for 2011 was
below EPA data capture requirements for the 1997 8-hour ozone NAAQS.
In addition the 3-year period between 2009 and 2011 had low data
capture. The Adams monitor is a mountain top monitor and the road to
the site was not accessible until early May in both 2010 and 2011,
due to snow and ice. The Massachusetts Department of Environmental
Protection recently performed a missing data analysis for this site
in accordance with the regulatory requirements of 40 CFR Part 50,
Appendix I, for both 2010 and 2011. The Massachusetts missing data
analysis used a combination of meteorology and air quality data for
ozone monitors near the Adams site for the missing days to
decisively conclude that on the days with missing ozone data, the
ozone levels, if captured, would have been below both the 1997 8-
hour ozone NAAQS and the 2008 8-hour ozone NAAQS. Thus, by rule,
these days can be counted for the purpose of meeting the data
completeness requirement. The missing data analysis for this site
was approved by EPA on April 27, 2012. The approval letter is in the
Docket for this action.
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II. What is the background for these actions?
On January 23, 2012 (77 FR 3220), EPA published in the Federal
Register a Notice of Proposed Rulemaking (NPR) proposing the
determinations that are the subject of this final rulemaking action.
The rationale and bases for EPA's actions are set forth in the January
23, 2012 NPR, and need not be restated here. EPA received no comments
on the NPR.
III. What is the effect of these actions?
Under the provisions of EPA's ozone implementation rule (see 40 CFR
Section 51.918), a determination that the area is attaining the
standard suspends the requirements for the Western Massachusetts
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.
This action does not constitute a redesignation to attainment under
CAA section 107(d)(3), because EPA has not yet approved a maintenance
plan for the area, as required under section 175A of the CAA, nor made
a determination that the area has met the other requirements for
redesignation. The classification and designation status of the area
remains moderate nonattainment for the 1997 8-hour ozone NAAQS until
such time as EPA determines that it meets the CAA requirements for
redesignation to attainment. If EPA subsequently determines, after
notice-and-comment rulemaking in the Federal Register, that the area
has violated the 1997 8-hour ozone standard, the basis for the
suspension of these requirements would no longer exist, and the area
would thereafter have to address the pertinent requirements. In
addition, in accordance with CAA section 181(b)(2)(A), EPA is
determining that the Western Massachusetts 1997 8-hour ozone
nonattainment area attained the 1997 ozone NAAQS by its applicable
attainment date of June 15, 2010. The
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effect of this determination of attainment by the area's attainment
date is to discharge EPA's obligation under section 181(b)(2)(A), and
to establish that, in accordance with that section, the area will not
be reclassified for failure to attain by its applicable attainment
date.
IV. Final Actions
EPA is making two separate and independent determinations. First,
EPA is determining that the Western Massachusetts 8-hour ozone
nonattainment area has attained the 1997 8-hour ozone standard based on
complete, quality-assured and certified ozone monitoring data from
2007-2009 and from 2008-2010. In addition, complete, quality-assured,
certified ambient air monitoring data for 2011 indicate the area
continues to attain the standard. As provided in 40 CFR 51.918, this
determination suspends the requirements for Massachusetts to submit an
attainment demonstration, a reasonable further progress plan,
contingency measures under section 172(c)(9), and any other planning
SIP related to attainment of the 1997 8-hour ozone NAAQS for this area,
for so long as the area continues to attain the 1997 ozone standard.
Furthermore, pursuant to CAA section 181(b)(2)(A) EPA is determining
that the Western Massachusetts 8-hour ozone nonattainment area attained
the 1997 8-hour ozone NAAQS by its applicable attainment date (June 15,
2010).
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 August 20, 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: June 6, 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 W--Massachusetts
0
2. Section 52.1129 is amended by adding paragraph (h) to read as
follows:
Sec. 52.1129 Control strategy: Ozone.
* * * * *
(h) Determinations of Attainment: Effective July 19, 2012.
(1) Determination of Attainment. EPA is determining that the
Springfield (Western Massachusetts) 8-hour ozone nonattainment area has
attained the 1997 8-hour ozone standard. Under the provisions of EPA's
ozone implementation rule (see 40 CFR 51.918), this determination
suspends the reasonable further progress and attainment demonstration
requirements of section 182(b)(1) and related requirements of section
172(c)(9) of the Clean Air Act for as long as the area continues to
attain the 1997 8-hour ozone standard. If EPA determines, after notice-
and comment rulemaking, that the Western Massachusetts area no longer
meets the 1997 ozone NAAQS, this determination shall be withdrawn.
(2) Determination of Attainment by the Area's Attainment Date. EPA
has determined that the Springfield (Western Massachusetts) 8-hour
ozone nonattainment area met the applicable June 15, 2010 attainment
deadline for the 1997 8-hour ozone standard.
[FR Doc. 2012-14719 Filed 6-18-12; 8:45 am]
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