[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)]
[Proposed Rules]
[Pages 77739-77742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32059]



[[Page 77739]]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2011-0879; A-1-FRL-9505-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Massachusetts and New Hampshire; Determination of Attainment of the 
One-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The EPA is proposing to determine that the Boston-Lawrence-
Worcester (Eastern Massachusetts), MA-NH serious one-hour ozone 
nonattainment area met the applicable deadline of November 15, 2007, 
for attaining the one-hour National Ambient Air Quality Standard 
(NAAQS) for ozone. This proposed determination is based upon complete, 
certified, quality-assured ambient air quality monitoring data for the 
2005-2007 monitoring period showing that the area had an expected ozone 
exceedance rate below the level of the now revoked one-hour ozone NAAQS 
during that period and therefore attained the standard by its 
applicable deadline. EPA is proposing this determination under the 
Clean Air Act.

DATES: Written comments must be received on or before January 13, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2011-0879 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2011- 0879,'' 
Anne Arnold, U.S. Environmental Protection Agency, EPA New England 
Regional Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), 
Boston, MA 02109-3912.
    5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold, 
Manager, Air Quality Planning Unit, Office of Ecosystem Protection, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
5 Post Office Square, Suite 100, Boston, MA 02109-3912. Such deliveries 
are only accepted during the Regional Office's normal hours of 
operation. The Regional Office's official hours of business are Monday 
through Friday, 8:30 to 4:30, excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2011- 0879. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through http://www.regulations.gov, or email, information that you consider to be CBI 
or otherwise protected. The http://www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through http://www.regulations.gov your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. 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 in http://www.regulations.gov or in hard copy at Office of Ecosystem Protection, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
5 Post Office Square, Suite 100, Boston, MA. EPA requests that if at 
all possible, you contact the person 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 
[email protected].

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 is EPA proposing?
II. What is the background for this proposed action?
III. What is EPA's analysis of data for purposes of determining 
attainment of the one-hour ozone standard?
    A. How does EPA compute whether an area meets the one-hour ozone 
standard?
    B. EPA's Analysis of the One-Hour Ozone Data for the Boston-
Lawrence-Worcester, MA-NH Area
IV. Proposed Determination
V. Statutory and Executive Order Reviews

I. What is EPA proposing?

    EPA is proposing to determine that the Boston-Lawrence-Worcester 
(Eastern Massachusetts), MA-NH area attained the one hour ozone 
National Ambient Air Quality Standard (NAAQS) by the applicable 
attainment date, November 15, 2007. This proposed determination is 
based upon complete, quality-assured and certified air quality 
monitoring data for the 2005 through 2007 ozone seasons.

II. What is the background for this proposed action?

    EPA designated the Boston-Lawrence-Worcester, MA-NH area as 
nonattainment for one-hour ozone following the enactment of the Clean 
Air Act (CAA) Amendments of 1990. Most areas of the country that EPA 
designated nonattainment for the one-hour ozone NAAQS were classified 
by operation of law as marginal, moderate, serious, severe, or extreme, 
depending on the severity of the area's air quality problem. (See CAA 
sections 107(d)(1)(C) and 181(a).) The Boston-Lawrence-Worcester, MA-NH 
area was classified as serious. The one-hour ozone attainment deadline 
for the area was initially set for November 15, 1999 and later extended 
to November 15, 2007. See 67 FR 72574 (December 6, 2002). The Boston-
Lawrence-Worcester, MA-NH one-hour ozone nonattainment area consists of 
all Massachusetts' counties east of, and including Worcester County, 
MA; along with parts of Hillsborough and Rockingham Counties in 
southern New Hampshire. (See 40 CFR 81.322, and 81.330.)

[[Page 77740]]

    On July 18, 1997 (62 FR 38856), EPA promulgated a new standard for 
ozone based on an 8-hour average concentration (the ``1997 8-hour ozone 
NAAQS''). EPA designated and classified most areas of the country under 
the eight-hour ozone NAAQS in an April 30, 2004 final rule (69 FR 
23858). EPA designated Boston-Lawrence-Worcester, MA as nonattainment 
for the 1997 8-hour ozone NAAQS. At the time of designation the area 
did not meet the one-hour ozone standard. In addition, parts of 
southern New Hampshire were designated nonattainment for the 8-hour 
NAAQS. However, unlike the one-hour ozone standard, in the case of the 
1997 8-hour ozone standard, southern New Hampshire was designated as a 
separate ozone nonattainment area. (See 40 CFR 81.330.)
    On April 30, 2004, EPA issued a final rule (69 FR 23951) entitled 
``Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality 
Standard--Phase 1,'' referred to as the Phase 1 Rule. Among other 
matters, this rule revoked the one-hour ozone NAAQS in most areas of 
the country, effective June 15, 2005. (See 40 CFR 50.9(b); 69 FR at 
23996; and 70 FR 44470, August 3, 2005.) The Phase 1 Rule also set 
forth how anti-backsliding principles will ensure continued progress 
toward attainment of the eight-hour ozone NAAQS by identifying which 
one-hour requirements remain applicable in an area after revocation of 
the one-hour ozone NAAQS. Although EPA revoked the one-hour ozone 
standard (effective June 15, 2005), eight-hour ozone nonattainment 
areas remain subject to certain one-hour anti-backsliding requirements 
based on their one-hour ozone classification.\1\ The United States 
Court of Appeals for the District of Columbia Circuit subsequently 
determined that EPA should have retained certain additional measures as 
one-hour ozone anti-backsliding requirements. These include one-hour 
ozone contingency measures under section 172(c)(9), which are to be 
implemented in the event an area fails to attain by its one-hour ozone 
attainment date. South Coast Air Quality Management District v. EPA, 
472 F.3d 882 (DC Cir. 2006) rehearing denied 489 F.3d 1245. EPA is 
proposing here to determine that the Boston-Lawrence-Worcester area 
attained the one-hour ozone standard by the applicable attainment date. 
Thus, if EPA finalizes its proposed determination, there will be no 
requirement to implement one-hour ozone contingency measures for 
failure to attain or any additional one-hour ozone anti-backsliding 
requirements.
---------------------------------------------------------------------------

    \1\ Final Rule to Implement the 8-Hour Ozone National Ambient 
Air Quality Standard--Phase 1, 69 FR 23951 (April 30, 2004).
---------------------------------------------------------------------------

III. What is EPA's analysis of data for purposes of determining 
attainment of the one-hour ozone standard?

A. How does EPA compute whether an area has attained the one-hour ozone 
standard?

    Although the one-hour ozone NAAQS as promulgated in 40 CFR 50.9 
includes no discussion of specific data handling conventions, EPA's 
publicly articulated position and the approach long since universally 
adopted by the air quality management community is that the 
interpretation of the one-hour ozone standard requires rounding ambient 
air quality data consistent with the stated level of the standard, 
which is 0.12 parts per million (ppm). 40 CFR 50.9(a) states that: 
``The level of the national one-hour primary and secondary ambient air 
quality standards for ozone * * * is 0.12 parts per million. * * * The 
standard is attained when the expected number of days per calendar year 
with maximum hourly average concentrations of 0.12 parts per million * 
* * is equal to or less than 1, as determined by appendix H to this 
part.'' Thus, compliance with the NAAQS is based on comparison of air 
quality concentrations with the standard and on how many days that 
standard has been exceeded, adjusted for the number of missing days.
    For comparison with the NAAQS, EPA has communicated the data 
handling conventions for the one-hour ozone NAAQS in guidance 
documents. As early as 1979, EPA issued guidance stating that the level 
of our NAAQS dictates the number of significant figures to be used in 
determining whether the standard was exceeded. The stated level of the 
standard is taken as defining the number of significant figures to be 
used in comparisons with the standard. For example, a standard level of 
0.12 ppm means that measurements are to be rounded to two decimal 
places (0.005 rounds up), and, therefore, 0.125 ppm is the smallest 
concentration value in excess of the level of the standard. (See, 
``Guideline for the Interpretation of Ozone Air Quality Standards,'' 
EPA-450/4-79-003, OAQPS No. 1.2-108, January 1979.) EPA has 
consistently applied the rounding convention in this 1979 guideline. 
See, 68 FR 19111, April 17, 2003; 68 FR 62043, October 31, 2003; and 69 
FR 21719, April 22, 2004. Then, EPA determines attainment status under 
the one-hour ozone NAAQS on the basis of the annual average number of 
expected exceedances of the NAAQS over a three-year period. (See, 60 FR 
3349, January 17, 1995 and ``General Preamble for the Implementation of 
Title I of the Clean Air Act Amendments of 1990,'' at 57 FR 13506, 
April 16, 1992 (``General Preamble'').) EPA's determination is based 
upon data that have been collected and quality-assured in accordance 
with 40 CFR part 58, and recorded in EPA's Air Quality System (AQS) 
database. To account for missing data, the procedures found in appendix 
H to 40 CFR part 50 are used to adjust the actual number of monitored 
exceedances of the standard to yield the annual number of expected 
exceedances (``expected exceedance days'') at an air quality monitoring 
site. We determine if an area meets the one-hour ozone NAAQS by 
calculating, at each monitor, the average expected number of days over 
the standard per year (i.e., ``average number of expected exceedance 
days'') during the applicable 3-year period. See, the General Preamble, 
57 FR 13498, April 16, 1992. The term ``exceedance'' is used throughout 
this document to describe a daily maximum ozone measurement that is 
equal to or exceeds 0.125 ppm which is the level of the standard after 
rounding. An area violates the ozone standard if, over a consecutive 3-
year period, more than 3 days of expected exceedances occur at the same 
monitor. For more information please refer to 40 CFR 50.9 ``National 
one-hour primary and secondary ambient air quality standards for 
ozone'' and ``Interpretation of the one-hour Primary and Secondary 
National Ambient Air Quality Standards for Ozone'' (40 CFR part 50, 
appendix H).

B. EPA's Analysis of the One-Hour Ozone Data for the Boston-Lawrence-
Worcester, MA-NH Area

    Table 1 shows the results of one-hour ozone data for all the ozone 
monitors in the Boston-Lawrence-Worcester, MA-NH area for the three-
year period 2005-2007. In short, if the three-year average expected 
exceedances rate, shown in the far right column, is less than or equal 
to 1.0, the site meets the one-hour ozone NAAQS. If all sites in the 
area are shown to meet the one-hour ozone NAAQS, it can be determined 
that the area has attained the one-hour ozone NAAQS.

[[Page 77741]]



          Table 1--Average Expected Exceedance Rate for the One-Hour Ozone Standard in the Boston-Lawrence-Worcester, MA-NH Area for 2005-2007
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                              Exceedances (days over 0.124 ppm)
                                                                                                   -----------------------------------------------------
                  EPA AQS ID                                  Site                      Year                                             3-Year average
                                                                                                         Actual         Adjusted for        expected
                                                                                                                        missing data     exceedance rate
--------------------------------------------------------------------------------------------------------------------------------------------------------
Massachusetts:
    250250041.................................  Boston-Long Island..............              2005                 0               0.0               0.0
                                                2006                                             0               0.0
                                                2007                                             0               0.0
    250250042.................................  Boston-Roxbury..................              2005                 0               0.0               0.0
                                                2006                                             0               0.0
                                                2007                                             0               0.0
    250170009.................................  Chelmsford......................              2005                 0               0.0               0.0
                                                2006                                             0               0.0
                                                2007                                             0               0.0
    250051002.................................  Fairhaven.......................              2005                 0               0.0               0.7
                                                2006                                             2               2.0
                                                2007                                             0               0.0
    250095005.................................  Haverhill.......................              2005                 0               0.0               0.0
                                                2006                                             0               0.0
                                                2007                                             0               0.0
    250092006.................................  Lynn............................              2005                 0               0.0               0.0
                                                2006                                             0               0.0
                                                2007                                             0               0.0
    250213003.................................  Milton..........................              2005                 1               0.0               0.3
                                                2006                                             0               0.0
                                                2007                                             0               0.0
    250094004.................................  Newbury.........................              2005                 0               1.0               0.0
                                                2006                                             0               0.0
                                                2007                                             0               0.0
    250070001.................................  Oak Bluffs......................              2005                 0               0.0               0.7
                                                2006                                             2               2.1
                                                2007                                             0               0.0
    250171102.................................  Stow............................              2005                 0               0.0               0.0
                                                2006                                             0               0.0
                                                2007                                             0               0.0
    250010002.................................  Truro...........................              2005                 0               0.0               0.0
                                                2006                                             0               0.0
                                                2007                                             0               0.0
    250270015.................................  Worcester.......................              2005                 0               0.0               0.0
                                                2006                                             0               0.0
                                                2007                                             0               0.0
New Hampshire:
    330111011.................................  Nashua..........................              2005                 0               0.0               0.0
                                                2006                                             0               0.0
                                                2007                                             0               0.0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As shown in Table 1, the Boston-Lawrence-Worcester, MA-NH one-hour 
ozone nonattainment area attained the one-hour ozone NAAQS by its 
attainment deadline of November 15, 2007, since all ozone monitors had 
expected exceedances rates below 1.0. Thus EPA is proposing to 
determine that, based on the 2005-2007 complete, quality-assured and 
certified ozone data in the AQS database, the Boston-Lawrence-
Worcester, MA-NH area met the 1-hour ozone NAAQS by its applicable 
attainment date of November 15, 2007.

IV. Proposed Determination

    For the reasons set forth in this notice, EPA is proposing to 
determine that the Boston-Lawrence-Worcester, MA-NH one-hour ozone 
nonattainment area met its applicable one-hour ozone attainment date of 
November 15, 2007, based on 2005-2007 complete, certified and quality-
assured ozone monitoring data. EPA is soliciting public comments on the 
issues discussed in this notice or on other relevant matters. EPA will 
consider these comments before final action. Interested parties may 
participate in the Federal rulemaking procedure by submitting written 
comments to the EPA New England Regional Office listed in the ADDRESSES 
section of this Federal Register.

V. Statutory and Executive Order Reviews

    This action proposes to make a determination of attainment based on 
monitored air quality data, and does not impose additional requirements 
beyond those imposed by state law. For that reason, this proposed 
action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is 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.);
     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);

[[Page 77742]]

     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is 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
     Does 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, this action does 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.

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.

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

    Dated: December 6, 2011.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2011-32059 Filed 12-13-11; 8:45 am]
BILLING CODE 6560-50-P