[Federal Register Volume 77, Number 52 (Friday, March 16, 2012)]
[Rules and Regulations]
[Pages 15607-15608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6424]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2010-0380; A-1-FRL-9648-5 ]


Approval and Promulgation of Air Quality Implementation Plans; 
Connecticut; Determination of Attainment of the One-Hour Ozone Standard 
for the Greater Connecticut Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The EPA is determining that the Greater Connecticut serious 
one-hour ozone nonattainment area did not meet the applicable deadline 
of November 15, 2007, for attaining the one-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 had an expected ozone exceedance rate above the level of 
the now revoked one-hour ozone NAAQS for the 2005-2007 monitoring 
period. Separate from and independent of this determination, EPA is 
also determining that the Greater Connecticut serious one-hour ozone 
nonattainment area currently attains the now revoked one-hour NAAQS for 
ozone, based upon complete, quality-assured, certified ambient air 
monitoring data for 2008-2010. The area first attained the one-hour 
NAAQS during the 2006-2008 monitoring period, and continued in 
attainment during the 2007-2009, and 2008-2010 monitoring periods. 
Quality assured and quality controlled, but not yet certified ozone 
data available for 2011 indicate that the area continues to attain the 
one-hour NAAQS. These determinations are made under the Clean Air Act.

DATES: Effective Date: This rule is effective on April 16, 2012.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2011-0711. 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 02109-3912. 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 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    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. Final Action
IV. Statutory and Executive Order Reviews

I. What actions is EPA taking?

    EPA is taking two separate and independent actions for the Greater 
Connecticut one-hour ozone serious nonattainment area (hereafter, ``the 
Greater Connecticut area'').

A. Determination of Failure To Attain by Applicable Attainment Date

    EPA is determining that the Greater Connecticut area did not attain 
the one-hour ozone National Ambient Air Quality Standard (NAAQS) by the 
applicable attainment date, November 15, 2007. This determination is 
based upon complete, quality-assured and certified air quality 
monitoring data for the 2005 through 2007 ozone seasons.

B. Determination of Current Attainment

    In addition, EPA is determining that the Greater Connecticut area 
is currently attaining the one-hour ozone NAAQS based upon complete, 
quality-assured and certified ambient air monitoring data showing the 
area currently monitored attainment of the one-hour ozone NAAQS, and 
that it has done so continuously since the 2006-2008 monitoring period.
    Other specific details related to these determinations and the 
rationale for EPA's action are explained in the Notice of Proposed 
Rulemaking (NPR) published on November 23, 2011 (76 FR 72377) and will 
not be restated here. No comments were received on the NPR.

II. What is the effect of these actions?

    After revocation of the one-hour ozone standard, EPA must continue 
to provide a mechanism to give effect to the one-hour anti-backsliding 
requirements. See SCAQMD v. EPA, 47 F.3d 882, at 903. In keeping with 
this responsibility, EPA has determined that Greater Connecticut failed 
to attain the one-hour ozone standard by its applicable attainment 
date. Consistent with 40 CFR 51.905(e)(2), and the South Coast 
decision, upon revocation of the one-hour ozone NAAQS for an area, EPA 
is no longer obligated to determine whether an area has attained the 
one-hour NAAQS, except insofar as it relates to effectuating the anti-
backsliding requirements that are specifically retained. EPA's 
determination here is linked solely to required, one-hour anti-
backsliding, contingency measures. A final determination of failure to 
attain will not result in reclassification of the area under the 
revoked one-hour standard, nor is EPA identifying or determining any 
new one-hour reclassification for the area. EPA is no longer required 
to reclassify an area to a higher classification for the one-hour ozone 
NAAQS based upon a determination that the area failed to attain that 
NAAQS by its attainment date. See 40 CFR 51.905(e)(2)(i)(B). Moreover, 
EPA has previously approved the one-hour ozone attainment demonstration 
and Reasonable Further Progress (ROP) plans for this area, and in doing 
so noted that although there were no state implementation plan 
contingency measure reductions applicable to the Greater Connecticut 
area for failure to attain, there were federal measures the state had 
not accounted for in its attainment demonstration that provided more 
reductions than necessary to serve the purpose of contingency measures 
for this area. See 66 FR 634, January 3, 2001. In addition, EPA has 
also determined that the Greater Connecticut area attained the one-hour 
ozone standard in 2008, and continues to

[[Page 15608]]

attain this standard. In this context, EPA has also determined that 
there are not any additional obligations, including those relating to 
one-hour ozone contingency measures, for the Greater Connecticut area 
under the one-hour ozone standard.

III. Final Action

    EPA is determining that the Greater Connecticut one-hour ozone 
nonattainment area did not meet its applicable one-hour ozone 
attainment date of November 15, 2007, based on 2005-2007 quality-
assured ozone monitoring data. Separate from and independent of this 
determination, EPA is also determining that the Greater Connecticut 
one-hour ozone nonattainment area is currently attaining the one-hour 
ozone standard, based on the most recent three years (2008-2010) of 
complete, quality-assured ozone monitoring data at all monitoring sites 
in the area. EPA's review of the data shows that the area began 
attaining the one-hour ozone standard in the 2006-2008 period, and has 
continued to attain this standard through the 2007-2009 and 2008-2010 
monitoring periods. Quality assured and quality controlled, but not yet 
certified, ozone data available for 2011 indicate that the area 
continues to attain the one-hour NAAQS.

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 
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). This rule is effective on April 16, 2012.
    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 May 15, 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: March 8, 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 H--Connecticut

0
2. Section 52.377 is amended by adding paragraph (i) to read as 
follows:


Sec.  52.377  Control strategy: Ozone.

* * * * *
    (i) Determination of Attainment for the One-Hour Ozone Standard. 
Effective April 16, 2012, EPA is determining that the Greater 
Connecticut one-hour ozone nonattainment area did not meet its 
applicable one-hour ozone attainment date of November 15, 2007, based 
on 2005-2007 complete, quality-assured ozone monitoring data. Separate 
from and independent of this determination, EPA is determining that the 
Greater Connecticut one-hour ozone nonattainment area met the one-hour 
ozone standard, based on 2008-2010 complete, quality-assured ozone 
monitoring data at all monitoring sites in the area. EPA's review of 
the ozone data shows that the area began attaining the one-hour ozone 
standard during the 2006-2008 monitoring period, and has continued 
attaining the one-hour standard through the 2007-2009 and 2008-2010 
monitoring periods.

[FR Doc. 2012-6424 Filed 3-15-12; 8:45 am]
BILLING CODE 6560-50-P