[Federal Register Volume 70, Number 196 (Wednesday, October 12, 2005)]
[Notices]
[Pages 59338-59340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20420]


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

ENVIRONMENTAL PROTECTION AGENCY

[A-1-FRL-7982-5]


Approval of Air Quality Implementation Plan Commitment to Submit 
Mid-Course Review; Massachusetts, New Hampshire and Rhode Island

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of commitment fulfillment.

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

SUMMARY: Notice is hereby given that the states of Massachusetts, New 
Hampshire and Rhode Island have fulfilled the enforceable commitment 
each state made to EPA to complete a mid-course review (MCR) assessing 
whether their respective nonattainment area was or was not making 
sufficient progress toward attainment of the one-hour ozone standard 
under the Clean Air Act (CAA). EPA has reviewed the MCR documents 
submitted by Massachusetts, New Hampshire and Rhode Island and has 
determined that each state has adequately met its commitment to perform 
a MCR. EPA has sent a letter to each state approving their respective 
MCR as fulfilling the commitment made by each state in their 1-hour 
ozone attainment demonstration.

ADDRESSES: Copies of each state's MCR submittal, EPA's approval letters 
and EPA's technical support document (TSD) are available for public 
inspection during normal business hours (9 a.m. to 4 p.m.) at the 
following address: U.S. Environmental Protection Agency, Region 1 (New 
England), One Congress St., 11th Floor, Boston, Massachusetts, 
telephone (617) 918-1664, please telephone in advance before visiting.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality 
Planning, Office of Ecosystem Protection, U.S. Environmental Protection 
Agency, EPA New England Regional Office, One Congress Street, 11th 
floor, (CAQ), Boston, MA 02114-2023. Phone: 617-918-1664, Fax: (617) 
918-0664, E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information-Copies of Documents

    EPA's approval letters and TSD and each State's MCR submittal are 
available at the Regional Office, which is identified in the ADDRESSES 
section above. Copies of these same items are also available for public 
inspection during normal business hours, by appointment at the 
respective State Air Agency Division of Air Quality Control, Department 
of Environmental Protection, One Winter Street, 8th Floor, Boston, MA 
02108; Air Resources Division, Department of Environmental Services, 6 
Hazen Drive, P.O. Box 95, Concord, NH 03302-0095; and Office of Air 
Resources, Department of Environmental Management, 235 Promenade 
Street, Providence, RI 02908-5767.

II. Further Information

A. Background

    EPA's 1996 modeling guidance recognized the need to perform a mid-
course review as a means for addressing uncertainty in the modeling 
results. In its December 16, 1999 proposed rulemakings on the 1-hour 
ozone attainment demonstrations for ten ozone nonattainment areas (see 
one example at 64 FR 70348), EPA stated that because of the uncertainty 
in long-term projections, it believes that an attainment demonstration 
that relies on weight of evidence needs to contain provisions for 
periodic review of monitoring, emissions, and modeling data to assess 
the extent to which refinements to emission control measures are 
needed. In those December 16, 1999 proposed rulemakings, EPA set forth 
its framework for reviewing and processing 1-hour ozone attainment 
demonstrations and one element of that framework was a commitment for a 
MCR.
    A MCR provides an opportunity for the state and EPA to assess if a 
nonattainment area is or is not making sufficient progress toward 
attainment of the one-hour ozone standard. The MCR should utilize the 
most recent monitoring and other data to assess whether the control 
measures relied on in a SIP's attainment demonstration have resulted in 
adequate improvement of the ozone air quality. The EPA believes that a 
MCR is a critical element in any attainment demonstration that employs 
a long-term projection period and relies on a weight-of-evidence test. 
The commitment to perform a MCR was required before EPA would approve 
most 1-hour ozone attainment demonstrations. Moreover, even though the 
1-hour ozone standard has been revoked by EPA (70 FR 44470, June 15, 
2005), the anti-backsliding provisions of EPA's 8-hour ozone 
implementation rule (69 FR 23951, April 30, 2004) continue to require 
areas with outstanding commitments to perform a 1-hour MCR to do so.
    The three 1-hour ozone nonattainment areas in New England that are 
the subject of this notice are as follows: (1) The Massachusetts 
portion of the Boston-Lawrence-Worcester, MA-NH area, (2) the New 
Hampshire portion of the Boston-Lawrence-Worcester, MA-NH area, and (3) 
the Providence, Rhode Island area. EPA's final approval of the 
attainment demonstrations for both portions of the Boston-Lawrence-
Worcester, MA-NH 1-hour ozone nonattainment area, each with a 
commitment to perform a MCR, was published on December 6, 2002 (67 FR 
72574 and 67 FR 72576). EPA's final approval of the attainment 
demonstration for the Providence, Rhode Island 1-hour ozone 
nonattainment area with the commitment to perform a MCR was published 
on April 7, 2003 (68 FR 16721).

B. MCR Guidance

    On March 28, 2002, EPA issued a memorandum entitled ``Mid-Course 
Review Guidance for the 1-Hour Ozone Nonattainment Areas that Rely on 
Weight-of-Evidence for Attainment Demonstration.'' Attached to that

[[Page 59339]]

memorandum was a technical guidance document dated January 2002 
entitled ``Recommended Approach For Performing Mid-course Review of 
SIP's To Meet the 1-hour NAAQS for Ozone.''
    The technical guidance contains three basic steps: (1) Perform an 
administrative test (e.g., demonstrate whether the appropriate emission 
limits were adopted and implemented); (2) analyze available air 
quality, meteorology, emissions and modeling data and document 
findings; and (3) document conclusions regarding whether progress 
toward attainment is being made using a weight of evidence 
determination (which may or may not include new modeling analyses).

C. Review of MCR Submittals from Massachusetts, New Hampshire and Rhode 
Island

    This section compares the content of each state's MCR submittal to 
the requirements in EPA's January 2002 technical guidance. A TSD with 
more detail on EPA's review has been prepared and is available from EPA 
at the address provided in the ADDRESSES section above.
1. Massachusetts MCR Submittal
    The MCR for the Massachusetts portion of the Boston-Lawrence-
Worcester, MA-NH 1-hour ozone nonattainment area was submitted by the 
Massachusetts Department of Environmental Protection (DEP) on December 
23, 2004.
i. Administrative Review
    The Massachusetts DEP lists measures adopted to meet CAA mandates 
and rate-of-progress (ROP) requirements. The MCR lists the name of the 
control strategy or measure, whether it is a state or federal program, 
the rule approval date, and regulatory citation. Massachusetts also 
lists additional control measures that were not part of the 
Massachusetts SIP and that Massachusetts had not yet committed to 
adopt, but that it anticipates will be adopted in time to provide 
additional reductions prior to the 2007 ozone season. The 
administrative review analysis prepared by MA DEP satisfies EPA 
requirements.
ii. Air Quality, Meteorology, Emissions and Modeling Data Analysis
    The Massachusetts DEP submittal analyzes ozone and precursor 
emissions trends, and looks at trajectory analysis of ozone exceedances 
in eastern Massachusetts. The results of the ozone data analysis show a 
downward trend in the ozone design values for eastern Massachusetts. 
The results show that eastern Massachusetts has had ozone design values 
below the now-revoked NAAQS since the end of the 2003 ozone season. 
Since the ozone design values are already below the NAAQS for 1-hour 
ozone, eastern Massachusetts is obviously on track to reach attainment 
by its 2007 deadline. Precursor emission data for eastern Massachusetts 
for both Nitrogen Oxides (NOX) and Volatile Organic 
Compounds (VOC) also show a substantial downward trend since 1990. This 
along with the ozone trends discussed above definitely shows the 
eastern Massachusetts area is on track to achieve attainment of the 1-
hour ozone standard by 2007. In summary, the air quality, meteorology, 
and emissions analysis prepared by Massachusetts DEP satisfies EPA 
requirements, and shows eastern Massachusetts is on target to achieve 
attainment by 2007.
iii. Document Conclusions Regarding Whether Progress Toward Attainment 
Is Being Made Using a Weight of Evidence Determination
    The Massachusetts MCR document states that ``Massachusetts is fully 
implementing all control programs identified in the 2002 attainment 
demonstration. All regional and federal programs from which additional 
reductions were anticipated are being implemented according to 
schedule. Trajectory analyses results continue to demonstrate that high 
ozone concentrations at the Fairhaven and Truro monitors in EMA 
[eastern Massachusetts] are largely due to ozone transport from upwind 
areas.'' The document goes on to state that ozone design values and 1-
hour ozone levels continue to trend downward in eastern Massachusetts, 
furthermore ozone precursor trends are also downward, and provides data 
to back up these claims. EPA agrees with the Massachusetts DEP 
analysis.
    After reviewing the Massachusetts MCR with respect to EPA guidance, 
EPA concludes that the Massachusetts DEP has submitted an acceptable 
MCR fulfilling the commitment Massachusetts made in its one-hour 
attainment demonstration for the Massachusetts portion of the Boston-
Lawrence-Worcester, MA-NH serious 1-hour zone nonattainment area.
2. New Hampshire MCR Submittal
    The MCR for the New Hampshire portion of the Boston-Lawrence-
Worcester MA-NH 1-hour ozone nonattainment area was submitted by the 
New Hampshire Department of Environmental Services (DES) on December 
30, 2004.
i. Administrative Review
    The New Hampshire MCR lists all the measures that have been 
implemented and approved by EPA into the NH SIP. The document goes on 
to list additional control measures that will impact ozone precursor 
emissions in New Hampshire in a positive way. This section fulfills the 
required administrative review.
ii. Air Quality, Meteorology, Emissions and Modeling Data Analysis
    The New Hampshire MCR contains air quality, meteorology, and 
emissions analysis for southern New Hampshire. New Hampshire states and 
EPA agrees that 1-hour design values in all areas of New Hampshire have 
been below the level of the 1-hour ozone standard since 1998. However, 
this nonattainment area is a part of the eastern Massachusetts 1-hour 
nonattainment area so air quality in the entire multi-state area should 
be reviewed. Based on the Massachusetts MCR discussed above, it appears 
that the entire area (both the Massachusetts portion and the New 
Hampshire portion) is on target to achieve attainment by 2007.
    New Hampshire also examined emission trends for the four counties 
in southern New Hampshire. The trends in both VOC and NOX 
between 1996 and 2007 are both downward. The trends in both VOC and 
NOX between 2002 and 2007 are also downward. Based on New 
Hampshire's ozone and precursors emission analysis coupled with 
Massachusetts' similar analysis, this area is on target to attain by 
2007 and thus this requirement is fulfilled.
iii. Document Conclusions Regarding Whether Progress Toward Attainment 
Is Being Made Using a Weight of Evidence Determination
    New Hampshire documents several key parameters that show the State 
is on track to achieve attainment by 2007. First, all portions of New 
Hampshire, not just the nonattainment area, are currently meeting the 
1-hour NAAQS for ozone. One-hour ozone design values continue to trend 
even lower. Ozone precursor emissions within New Hampshire continue to 
trend downward. New Hampshire uses trajectory modeling and references 
to additional photochemical ozone grid-point modeling to add additional 
evidence to their MCR demonstration. The trajectories show that at the 
two sites in Eastern Massachusetts that have 1-hour air quality near 
the 1-hour NAAQS, New Hampshire emissions have no impact. The 
photochemical modeling referenced by New Hampshire also shows that 
lower ozone values are

[[Page 59340]]

forecast for 2007. The New Hampshire submittal meets this requirement.
    The New Hampshire DES has submitted an acceptable MCR and has 
fulfilled the commitment it made in its one-hour ozone attainment 
demonstration for the Boston-Lawrence-Worcester MA-NH serious 1-hour 
zone nonattainment area.
3. Rhode Island MCR Submittal
    The MCR for the Rhode Island 1-hour ozone nonattainment area was 
submitted on June 16, 2005.
i. Administrative Review
    The Rhode Island MCR states that Rhode Island is on track to 
implement all of the state and federal emission control measures 
required by the CAA. The section goes further to state that Rhode 
Island has already achieved attainment for the one-hour ozone standard, 
and states that with the additional ozone precursor reductions that 
will occur both in Rhode Island and upwind of Rhode Island, one-hour 
ozone concentrations will continue to decline into the future.
ii. Air Quality, Meteorology, Emissions and Modeling Data Analysis
    As stated above, Rhode Island presents evidence that it has already 
achieved attainment of the one-hour ozone standard. All design values 
for one-hour ozone are below 124 ppb. Rhode Island also provides ozone 
trends and trajectory analyses that support the findings that ozone in 
Rhode Island is below the 1-hour NAAQS and will continue to decline in 
the future. The trajectories show that upwind emissions affect ozone in 
Rhode Island and these emissions will continue to decline in the future 
lowering ozone in Rhode Island even more.
iii. Document Conclusions Regarding Whether Progress Toward Attainment 
Is Being Made Using a Weight of Evidence Determination
    Rhode Island has already achieved attainment of the one-hour 
standard. This requirement is met.
    After reviewing Rhode Island's MCR submittal, EPA agrees with Rhode 
Island that it has already achieved attainment of the one-hour ozone 
NAAQS and approves the Rhode Island submittal as fulfilling the 
commitment Rhode Island made in its one-hour attainment demonstration.

III. Final Action

    EPA has reviewed the MCR documents submitted by Massachusetts, New 
Hampshire and Rhode Island and has determined that each state has 
adequately met its commitment to perform a MCR. This action is being 
taken for the following one-hour nonattainment areas: (1) The 
Massachusetts portion of the Boston-Lawrence-Worcester, MA-NH area, (2) 
the New Hampshire portion of the Boston-Lawrence-Worcester, MA-NH area, 
and (3) the Providence, Rhode Island area. EPA has sent a letter to 
each state approving their respective MCR as fulfilling the commitment 
made by each state in their 1-hour ozone attainment demonstration. 
Copies of these letters are available from EPA at the address provided 
in the ADDRESSES section above.

IV. Statutory and Executive Order Reviews

    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 the states' mid-course review as meeting federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this action 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 action 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 
(Pub. L. 104-4).
    This action 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 
demonstration that the state is implementing a federal standard, and 
does not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This action 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 as well as submission of reports that 
fulfill a state commitment, 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 or a SIP commitment for failure to use VCS. 
It would thus be inconsistent with applicable law for EPA, when it 
reviews a SIP submission or a SIP commitment, 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 action does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

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

    Dated: September 26, 2005.
Robert W. Varney,
Regional Administrator, EPA New England.
[FR Doc. 05-20420 Filed 10-11-05; 8:45 am]
BILLING CODE 6560-50-U