[Federal Register Volume 67, Number 235 (Friday, December 6, 2002)]
[Rules and Regulations]
[Pages 72576-72579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30841]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MA069-7205a; A-1-FRL-7418-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Massachusetts; One-hour Ozone Attainment Demonstration for the 
Massachusetts Portion of the Boston-Lawrence-Worcester, MA-NH Ozone 
Nonattainment Area

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 Commonwealth of Massachusetts. This action approves 
Massachusetts' one-hour ozone attainment demonstration for the 
Massachusetts portion of the Boston-Lawrence-Worcester, MA-NH serious 
ozone nonattainment area, submitted by the Massachusetts Department of 
Environmental Protection on July 27, 1998, and supplemented on 
September 6, 2002. This action is based on the requirements of the 
Clean Air Act (CAA) as amended in 1990, related to one-hour ozone 
attainment demonstrations. EPA is establishing an attainment date of 
November 15, 2007, for the entire multi-state nonattainment area, and 
is approving the 2007 motor vehicle emissions budgets submitted by 
Massachusetts for the Massachusetts portion of the nonattainment area. 
EPA is also finding the 2003 motor vehicle emissions budgets submitted 
previously by Massachusetts inadequate. A notice of proposed rulemaking 
was published on this action on October 15, 2002. EPA received comments 
on that proposal. In this action, EPA responds to those comments.

EFFECTIVE DATE: This rule will become effective on January 6, 2003.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection by appointment weekdays from 9 a.m. to 
4 p.m., at the Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, EPA-New England, One Congress Street, 11th Floor, 
Boston, MA; and Division of Air Quality Control, Department of 
Environment Protection, One Winter Street, 8th Floor, Boston, MA 02108. 
Please telephone in advance before visiting.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, (617) 918-1664.

SUPPLEMENTARY INFORMATION: This supplementary information section is 
organized as follows:

I. What Massachusetts SIP Revision Is the Topic of This Action?
II. What Previous Action Has Been Taken on This SIP revision?
III. What Motor Vehicle Emissions Budgets (MVEBs) Are We Approving?
IV. What SIP Elements Did EPA Need To Take Action on Before Full 
Approval of the Attainment Demonstration Could Be Granted?
V. What Comments Were Received on the Proposed Approvals and How Has 
EPA Responded to Those?
VI. EPA Action
VII. Administrative Requirements

I. What Massachusetts SIP Revision Is the Topic of This Action?

    A one-hour ozone attainment demonstration SIP was submitted on July 
27, 1998, by the Massachusetts Department of Environmental Protection 
for the Massachusetts portion of the Boston-Lawrence-Worcester, MA-NH 
serious ozone nonattainment area. The SIP revision was subject to 
public notice and comment by the State and a hearing was held in June 
1998. A supplement to the attainment demonstration SIP was submitted by 
the Massachusetts Department of Environmental Protection on September 
6, 2002. The attainment demonstration supplement included a reasonably 
available control measures (RACM) analysis and 2007 motor vehicle 
emissions budgets for the Massachusetts portion of the Boston-Lawrence-
Worcester, MA-NH serious ozone nonattainment area. In the supplement, 
Massachusetts requested an attainment date for this area of November 
15, 2007, and included a demonstration of how attainment will be 
reached by that date. The supplemental SIP revision was also

[[Page 72577]]

subject to public notice and comment by Massachusetts, and a hearing 
was held in July 2002.

II. What Previous Action Has Been Taken on This SIP Revision?

    EPA published a notice of proposed rulemaking (NPR) for the 
Massachusetts attainment demonstration SIP on October 15, 2002 (67 FR 
63586). In that action, EPA proposed to approve the ozone attainment 
demonstration submitted by the state, which includes a RACM analysis 
and 2007 motor vehicle emissions budgets with an attainment date of 
November 15, 2007. The proposed notice states EPA's conclusions 
regarding the approvability of the various portions of the SIP, which 
will not be repeated here. EPA also proposed to find the 2003 motor 
vehicle emissions budgets inadequate. The 2003 budgets were from the 
Massachusetts ozone attainment demonstration submitted in 1998. Readers 
are directed to the proposal for further information.
    Comments received on the NPR for the attainment demonstration SIP 
for the Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment 
area and EPA's responses are discussed in section V. below.
    EPA proposed approval of the New Hampshire ozone attainment 
demonstration for this nonattainment area on October 21, 2002 (67 FR 
64582). Final action on the New Hampshire ozone attainment 
demonstration for the New Hampshire portion of the Boston-Lawrence-
Worcester, MA-NH serious ozone nonattainment area can be found in a 
document published elsewhere in this issue of the Federal Register.

III. What Motor Vehicle Emissions Budgets (MVEBs) Are We Approving?

    On September 6, 2002, Massachusetts submitted motor vehicle 
emissions budgets for the 2007 attainment year for the Massachusetts 
portion of the Boston-Lawrence-Worcester, MA-NH serious ozone 
nonattainment area in their SIP. The attainment year motor vehicle 
emissions budgets established by this plan that we are approving are 
86.700 tons per day for VOC and 226.363 tons per day for NOX 
for the Massachusetts portion of the Boston-Lawrence-Worcester, MA-NH 
serious ozone nonattainment area. Under EPA's policy\1\ for reviewing 
the adequacy of motor vehicle emissions budget submissions, these 
budgets were posted on the EPA Web site for public comment on September 
17, 2002. As the SIP was available electronically on the Massachusetts 
Department of Environmental Protection Web site at www.state.ma.us/dep/bwp/daqc/daqcpubs.htm#sip, the public comment period was open for 
thirty days. No comments were received by EPA on these budgets during 
the adequacy comment period. EPA also received no comments on our 
October 15, 2002, proposed approval of these budgets. EPA is approving 
these 2007 motor vehicle emissions budgets because they are consistent 
with the control measures in the SIP, and the SIP as a whole 
demonstrates attainment of the 1-hour ozone standard. The rationale for 
our approval is detailed in the October 15, 2002, proposed action.
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    \1\ Memorandum from G. MacGregor, dated May 14, 1999, 
``Conformity Guidance on Implementation of March 2, 1999, Conformity 
Court Decision.''
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    EPA is making a finding of inadequacy on the 2003 motor vehicle 
emission budgets of 117.118 tons per summer day for VOC, and 243.328 
tons per summer day for NOX. As the area will not attain the 
one-hour ozone standard in the year 2003, the motor vehicle emissions 
budgets for the year 2003 are no longer consistent with attainment. 
These 2003 motor vehicle emissions budgets which were submitted on July 
27, 1998, were previously found adequate through a February 19, 1999. 
EPA letter, which we issued prior to EPA's Guidance for Determining the 
adequacy of the submitted budgets issued November 3, 1999, With this 
final action these budgets are no longer adequate and can no longer be 
used in future conformity determinations.
    The approved 2007 motor vehicle emissions budgets would apply in 
all future conformity determinations for an analysis year of 2007 and 
later. Note that a conformity determination with an analysis year 
between the present and 2006 would use the year 1999 motor vehicle 
emissions budgets of 147.108 tons per summer day of VOC and 262.580 
tons per summer day of NOX established in the approved post-
1996 rate-of-progress plan for Massachusetts portion of the Boston-
Lawrence-Worcester, MA-NH serious ozone nonattainment area (67 FR 
55121). However, at this time there is no analysis year required prior 
to 2007.

IV. What SIP Elements Did EPA Need To Take Action on Before Full 
Approval of the Attainment Demonstration Could Be Granted?

    In the proposed rulemaking for the Massachusetts attainment 
demonstration SIP published on October 15, 2002, EPA stated that it 
intended to publish final rulemaking on the Massachusetts Low Emission 
Vehicle (LEV) program regulations which replaced the previously 
federally approved Massachusetts LEV I rules either before or at the 
same time as publication of final approval of the attainment 
demonstration. Approval of the emission reductions associated with this 
measure is needed to fully approve the attainment demonstration.
    Final approval of Massachusetts LEV SIP was granted by EPA Region 
I's Regional Administrator on November 26, 2002. This approval will be 
published elsewhere in the Federal Register. The approval LEV SIP will 
be promulgated at 40 CFR 52.1120(c)(132).

V. What Comments Were Received on the Proposed Approvals and How Has 
EPA Responded to Those?

    EPA received comments on the Notice of Proposed Rulemaking 
published on October 15, 2002 (67 FR 63586). A letter dated November 
13, 2002, from the Alliance of Automobile Manufacturers (``the 
Alliance'') provided comments on two separate EPA proposed rulemaking 
notices published in the Federal Register on October 15, 2002: EPA's 
proposed approval of the Massachusetts's one-hour ozone attainment 
demonstration for the Massachusetts portion of the Boston-Lawrence-
Worcester, MA-NH serious ozone nonattainment area (67 FR 63586), and 
EPA's proposed approval of the Massachusetts low-emission vehicle (LEV) 
program (67 FR 63583). The following discussion summarizes and 
responses to the comments that pertain to EPA's proposed approval of 
the Massachusetts ozone attainment demonstration. Those comments that 
pertain exclusively to the proposed approval of the Massachusetts LEV 
program are responded to in the final rulemaking action on that program 
signed by EPA Region I's Regional Administrator on November 26, 2002. 
The comments and responses in the Massachusetts LEV notice are included 
in the record for this final rule and apply to this notice. Publication 
of the Massachusetts LEV approval notice will be published elsewhere in 
the Federal Register. The approval LEV SIP will be promulgated at 40 
CFR 52.1120(c)(132).
    Comment: The Alliance states that the two notices published in the 
Federal Register on October 15 (67 FR 63583 and 63586) can be read 
inconsistently. According to the Alliance, in one notice EPA proposes 
to fully approve the attainment demonstration SIP revision submitted by 
Massachusetts, and in the other notice EPA ``explains several reasons 
why full approval is not appropriate'' for the Massachusetts LEV 
program.

[[Page 72578]]

    Response: As stated in the proposed approval of the Massachusetts 
LEV program (67 FR 63583), EPA proposed to approve all of the 
components of the LEV program that are necessary to achieve the 
emission reductions associated with the LEV program, which the state 
relies on for purposes of its attainment demonstration. In EPA's 
proposed action on the Massachusetts LEV program, EPA proposed no 
action on the zero emission vehicle (ZEV) program, however that does 
not affect the level of emission reductions from the Massachusetts LEV 
program. The motor vehicle emissions budgets established in the 
attainment plan do rely on the emission reductions from the December 
24, 1999, version of the Massachusetts LEV program, which we are 
approving elsewhere in the Federal Register. This approval of the 
Massachusetts LEV program does not include the Massachusetts ZEV 
program. As such, there are no inconsistencies between the two proposed 
approvals published on October 15, 2002.
    Comment: The Alliance requests clarification of one portion of 
Table 2 in the SIP revision notice (67 FR 63586, at 63591), which 
states that ``EPA will publish final rules for the CA LEV II SIP before 
or at the same time as we publish final rules on the attainment 
demonstration.'' The Alliance state: ``It is impossible to predict with 
any certainty when the necessary rulemaking will occur in California to 
amend the current ZEV rule, when the amended California program will be 
submitted to EPA, and what action EPA will take on that program under 
section 209. Because California withdrew from EPA's consideration the 
current version of the ZEV program in July 2002, both EPA and all the 
affected stakeholders have to await developments in California. We 
assume that it is not EPA's intent to delay action on the rest of the 
SIP submittal until EPA can proceed in the manner required by section 
209 of the Clean Air Act with respect to ZEV regulations.''
    Response: As stated in the proposed approval of the Massachusetts 
LEV program (67 FR 63583), it was EPA's intent to approve the 
Massachusetts' December 24, 1999, version of 310 CMR 7.40, the ``Low 
Emission Vehicle Program'' except for those portions dealing with zero 
emission vehicles. Since the ZEV portion of the Massachusetts LEV 
program does not contribute further emission reductions to the 
attainment demonstration, EPA can fully approve the attainment 
demonstration, based on its approval of the LEV program, while not 
taking action on Massachusetts ZEV program. EPA stands by its statement 
in the proposed rule that it would not take final approval action of 
the attainment demonstration before it took final action approving the 
LEV SIP. As explained above, final approval of Massachusetts LEV SIP 
was granted by EPA Region I's Regional Administrator on November 26, 
2002. This approval did not take any action on sections 310 CMR 
7.40(2)(a)5, 7.40(2)(a)6, 7.40(2)(a)3, 7.40(10) and 7.40(12) that 
pertain to the ZEV program.

VI. EPA Action

    As described above, EPA does not believe any of the comments 
received on the proposal published for the attainment demonstration SIP 
revision for the Massachusetts portion of the Boston-Lawrence-
Worcester, MA-NH serious ozone nonattainment area change the basis for 
our proposed approval. Thus, EPA is approving the ground-level one-hour 
ozone attainment demonstration SIP for the Massachusetts portion of the 
Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area. EPA 
is also approving the attainment date for this area as November 15, 
2007. EPA also approves both the RACM analysis and the 2007 volatile 
organic compound and nitrogen oxide motor vehicle emissions budgets for 
the Massachusetts portion of the Boston-Lawrence-Worcester, MA-NH 
serious ozone nonattainment area for use in transportation conformity. 
Lastly, EPA is finding the 2003 motor vehicle emissions budgets 
previously submitted by Massachusetts inadequate.

VII. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 10-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999), because it merely approves a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
    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 rule and other 
required information to the U.S. Senate,

[[Page 72579]]

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 February 4, 2003. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: November 26, 2002.
Robert W. Varney,
Regional Administrator, EPA-New England.

    1. Part 52 of chapter I, title 40 of the Code of Federal 
Regulations is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart W--Massachusetts

    2. Section 52.1127 is amended by revising the table to read as 
follows:


Sec.  52.1127  Attainment dates for national standards.

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                                                                            Pollutant
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          Air quality control region                    SO 2
                                               ----------------------   PM 10       NO 2        CO        O 3
                                                 Primary   Secondary
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AQCR 42: Hartford-New Haven-Springfield               (a)        (b)        (a)        (a)        (a)        (c)
 Interstate Area (See 40 CFR 81.26)...........
AQCR 117: Berkshire Intrastat Area (See 40 CFR        (a)        (b)        (a)        (a)        (a)        (c)
 81.141)......................................
AQCR 118: Central Mass Intrastate Area (See           (a)        (b)        (a)        (a)        (a)        (d)
 4r0 CFR 81.142)..............................
AQCR 119: Metropolitan Boston Intrastate Area         (a)        (b)        (a)        (a)        (a)        (d)
 (See 40 CFR 81.19)...........................
AQCR 120: Metropolitan Providence Interstate          (a)        (b)        (a)        (a)        (a)        (d)
 Area (See 40 CFR 81.31)......................
AQCR 121: Merrimack Valley-Southern NH                (a)        (b)        (a)        (a)        (a)       (d)
 Interstate Area (See 40 CFR 81.81)...........
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a. Air quality presently below primary standards or area is unclassifiabale.
b. Air quality levels presently secondary standatrds or area is unclassifiable.
c. December 31, 2003.
d. November 15, 2007.


    3. Section 52.1129 of subpart W is amended by adding paragraph (d) 
to read as follows:


Sec.  52.1129  Control strategy: Ozone.

* * * * *
    (d) Approval--Revisions to the State Implementation Plan submitted 
by the Massachusetts Department of Environmental protection on July 27, 
1998, and September 6, 2002. The revisions are for the purpose of 
satisfying the one-hour ozone attainment demonstration requirements of 
section 182(c)92)(A) pof the Clean Air Act, for the Boston-Lawrence-
Worcester, MA-NH serious ozone nonattiainment area. The revision 
establishes a one-hour attainment date of November 15, 2007l, for the 
Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area. This 
revision establishes motor vehicle emissions budgets for 2007 of 86.7 
tons per day of volatile organic compounds and 226.363 tons per day of 
nitrogen oxides to be used in transportation conformity in the 
Massachusets portion of the Boston-Lawrence-Worcester, MA-NH serious 
ozone nonattainment area.
[FR Doc. 02-30841 Filed 12-5-02; 8:45 am]
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