[Federal Register Volume 77, Number 14 (Monday, January 23, 2012)]
[Proposed Rules]
[Pages 3220-3222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1223]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2011-0960; A-1-FRL-9621-2]


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: Proposed rule.

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SUMMARY: The EPA is proposing two separate and independent 
determinations regarding the Springfield (Western Massachusetts) 
moderate 1997 8-hour ozone nonattainment area. First, EPA is proposing 
to determine that the Western Massachusetts nonattainment area has 
attained the 1997 8-hour National Ambient Air Quality Standard (NAAQS) 
for ozone, 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. 
Preliminary data for 2011 indicate the area continues to attain the 
standard. If this proposed determination is made final, 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. Second, based on complete, quality-assured and 
certified air monitoring data for 2007-2009, EPA is proposing to 
determine that the Western Massachusetts nonattainment area also 
attained the 1997 ozone NAAQS as of June 15, 2010, its applicable 
attainment date.

DATES: Written comments must be received on or before February 22, 
2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2011-0960 by one of the following methods:
    1. 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-2011-0960,'' 
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-
2011-0960. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 www.regulations.gov, or 
email, information that you consider to be CBI or otherwise protected.
    The 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 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 
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 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: 

[[Page 3221]]

    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. What is the background for these actions?
IV. What is EPA's analysis of the relevant air quality data?
V. Proposed Actions
VI. Statutory and Executive Order Reviews

I. What actions is EPA taking?

    EPA is proposing to determine that the Springfield (Western 
Massachusetts) moderate 8-hour ozone nonattainment area (hereafter 
``the Western Massachusetts area'') has attained the 1997 8-hour NAAQS 
for ozone. 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. Preliminary data available for 2011 
indicate the area continues to attain the standard. In addition, 
pursuant to section 181(b)(2)(A) of the Clean Air Act (CAA), and based 
upon complete, quality assured and certified air monitoring data for 
2007-2009, EPA is proposing to determine that this area attained the 
1997 ozone NAAQS by its applicable attainment date (June 15, 2010).

II. What is the effect of these actions?

    If EPA's determination that the area is attaining the standard is 
made final, under the provisions of EPA's ozone implementation rule 
(see 40 CFR Section 51.918), 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 would be 
suspended for so long as the area continues to attain the 1997 8-hour 
ozone NAAQS. This proposed action, if finalized, would not constitute a 
redesignation to attainment under the Clean Air Act (CAA) section 
107(d)(3), because we would not yet have an approved maintenance plan 
for the area as required under section 175A of the CAA, nor a 
determination that the area has met the other requirements for 
redesignation. The classification and designation status of the area 
would remain moderate nonattainment for the 1997 8-hour ozone NAAQS 
until such time as EPA determines that the area meets the CAA 
requirements for redesignation to attainment.
    If this determination of attainment is finalized and 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 CAA requirements. It should be noted, that Massachusetts 
submitted an attainment demonstration, reasonable further progress 
(RFP) plan and contingency measures for this area on January 31, 2008. 
EPA has not taken action on the attainment demonstration but has 
proposed approval of the RFP plan and contingency measures for the 
Western Massachusetts area. (See 75 FR 57221, September 20, 2010.)
    In addition, under section 181(b)(2)(A) of the CAA and the 
provisions of EPA's ozone implementation rule (see 40 CFR Section 
51.902(a)), EPA is proposing to determine, that the Western 
Massachusetts area attained the 1997 ozone NAAQS by its applicable 
attainment date of June 15, 2010. The effect of a final determination 
of attainment by the area's attainment date would be to discharge EPA's 
obligation under section 181(b)(2)(A), and to establish that, in 
accordance with that section, the area would not be reclassified for 
failure to attain by its applicable attainment date.

III. What is the background for these actions?

    On April 30, 2004 (69 FR 23857), EPA designated as nonattainment 
any area that was violating the 1997 8-hour ozone NAAQS based on the 
three most recent years (2001-2003) of air quality data. The Western 
Massachusetts area was designated as a moderate ozone nonattainment 
area. The Western Massachusetts nonattainment area consists of 
Berkshire, Franklin, Hampden and Hampshire counties. Recent air quality 
data indicate that the Western Massachusetts area is attaining the 1997 
8-hour ozone standard.

IV. What is EPA's analysis of the relevant air quality data?

    The EPA has reviewed the ambient air monitoring data for ozone, 
consistent with the requirements contained in 40 CFR Part 50 and 
recorded in the Air Quality Data System (AQS) database, for Western 
Massachusetts, from 2007 through 2010.
    Under EPA regulations at 40 CFR part 50, the 1997 8-hour ozone 
standard is attained at a site when the 3-year average of the annual 
fourth-highest daily maximum 8-hour average ozone concentrations at an 
ozone monitor is less than or equal to 0.08 parts per million (ppm) 
(i.e., 0.084 ppm, based on the rounding convention in 40 CFR Part 50, 
Appendix I). This 3-year average is referred to as the design value. 
When the design value is less than or equal to 0.084 ppm at each 
monitoring site within the area, then the area is meeting the NAAQS. 
Also, the data completeness requirement is met when the 3-year average 
of the percent of days with valid ambient monitoring data is more than 
90%, and no single year has less than 75% data completeness as 
determined in Appendix I of 40 CFR Part 50.
    Table 1 shows the fourth-highest daily maximum 8-hour average ozone 
concentrations for the four Western Massachusetts area monitors for the 
years 2007-2009, and the ozone design values for these same monitors 
based on 2007-2009. Table 2 shows similar data for the 2008-2010 
monitoring period.

    Table 1--2007-2009 Fourth-High 8-Hour Average Ozone Concentrations and 2007-2009 Design Values (Parts per
                                   Million) in the Western Massachusetts Area
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                                                                                                   Design value
            Site ID               Site location    4th High 2007   4th High 2008   4th High 2009    (2007-2009)
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250034002.....................  Adams \1\.......           0.080           0.072           0.066           0.072
250130008.....................  Chicopee........           0.098           0.078           0.076           0.084
250150103.....................  N. Amherst......           0.080           0.073           0.070           0.074
250154002.....................  Ware............           0.087           0.079           0.076           0.080
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[[Page 3222]]


    Table 2--2008-2010 Fourth-High 8-Hour Average Ozone Concentrations and 2008-2010 Design Values (Parts per
                                   Million) in the Western Massachusetts Area
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                                                                                                   Design value
         Site ID               Site location       4th High 2008   4th High 2009   4th High 2010    (2008-2010)
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250034002...............  Adams \1\.............           0.072           0.066           0.073           0.070
250130008...............  Chicopee..............           0.078           0.076           0.074           0.076
250150103...............  N. Amherst............           0.073           0.070           0.069           0.070
250154002...............  Ware..................           0.079           0.076           0.076           0.077
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    EPA's review of these data indicates that the Western Massachusetts 
area attained the 1997 8-hour ozone NAAQS and met its applicable 
attainment deadline, based on 2007-2009 data. Our review also shows 
that the area continues to attain the standard, based on complete, 
quality-assured and certified data for the 2008-2010 monitoring period. 
Preliminary ozone data for the 2011 ozone monitoring season also 
indicate attainment.
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    \1\ The data capture percentage for this ozone monitor was below 
EPA data capture requirements for the 1997 8-hour ozone NAAQS, for 
both the 2007-2009 and 2008-2010 monitoring periods. The 
Massachusetts Department of Environmental Protection performed a 
missing data analysis for this site in accordance with the 
regulatory requirements of 40 CFR part 50, Appendix I. 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 the 1997 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 December 15, 2011. The approval letter is in the Docket for 
this action.
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    EPA is soliciting public comments on the issues discussed in this 
notice or on other relevant matters pertaining to this rulemaking 
action. These comments will be considered before EPA takes 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. Proposed Actions

    EPA is proposing two separate and independent determinations. 
First, EPA is proposing to determine that the Western Massachusetts 
1997 8-hour ozone moderate nonattainment area has attained the 1997 8-
hour ozone standard, based on complete, quality-assured data for the 
2007-2009 and 2008-2010 monitoring periods. Preliminary data available 
for 2011 indicate the area continues to attain the standard. As 
provided in 40 CFR 51.918, if EPA finalizes this determination, it 
would suspend the requirements for Massachusetts to submit planning 
SIPs related to attainment of the 1997 8-hour ozone NAAQS for this 
area, for so long as the area continues to attain the standard.\2\ In 
addition, under section 181(b)(2)(A) of the Clean Air Act and the 
provisions of EPA's ozone implementation rule (see 40 CFR Section 
51.902(a)), based upon complete, quality-assured and certified data for 
2007-2009, EPA is proposing to determine that this area has attained 
the 1997 ozone NAAQS by its applicable attainment date of June 15, 
2010.
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    \2\ Massachusetts submitted an attainment demonstration and 
contingency measures for this area on Jan. 31, 2008. EPA has not 
taken action on the attainment demonstration, but has proposed 
approval of the reasonable further progress plan and contingency 
measures. (See 75 FR 57221, Sept. 10, 2010.)
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VI. Statutory and Executive Order Reviews

    These actions propose to make determinations of attainment based on 
air quality, and would, if finalized, result in the suspension of 
certain Federal requirements, and would not impose additional 
requirements beyond those imposed by state law. For that reason, these 
proposed actions:
     Are not a ``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 the 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, this rule 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: January 9, 2012.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2012-1223 Filed 1-20-12; 8:45 am]
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