[Federal Register Volume 77, Number 103 (Tuesday, May 29, 2012)]
[Rules and Regulations]
[Pages 31496-31498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12505]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2011-0879; EPA-R01-OAR-2012-0076; FRL-9675.9]


Approval and Promulgation of Air Quality Implementation Plans; 
Massachusetts and New Hampshire; Determination of Attainment of the 
One-Hour and 1997 Eight-Hour Ozone Standards for Eastern Massachusetts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is making three separate and independent 
determinations. First, the EPA is determining 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 final determination is based upon complete, 
quality-assured, certified ambient air monitoring data that show the 
area attained the level of the now revoked one-hour ozone NAAQS for the 
2005-2007 monitoring period. Second, EPA is determining that the 
Boston-Lawrence-Worcester (Eastern Massachusetts) moderate 1997 eight-
hour ozone nonattainment area attained the 1997 eight-hour NAAQS for 
ozone by its applicable attainment date (June 15, 2010), based upon 
complete, quality-assured, certified ambient air monitoring data for 
the 2007-2009 monitoring period. Third, EPA is determining that the 
Boston-Lawrence-Worcester (Eastern Massachusetts) moderate 1997 eight-
hour ozone nonattainment area has attained the 1997 eight-hour NAAQS 
for ozone, based upon complete, quality-assured, certified ambient air 
monitoring data for 2008-2010 monitoring period, and continuing through 
2011. 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 
eight-hour ozone NAAQS shall be suspended for so long as the area 
continues to attain the 1997 ozone NAAQS.

DATES: This rule is effective on June 28, 2012.

ADDRESSES: EPA has established dockets for these actions under Docket 
Identification No. EPA-R01-OAR-2011-0879 and EPA-R01-OAR-2012-0076. All 
documents in the dockets 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. 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.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. What actions is EPA taking?

[[Page 31497]]

II. What is the background for these actions?
III. What is the effect of these actions?
IV. Final Actions
V. Statutory and Executive Order Reviews

I. What actions is EPA taking?

    EPA is making three separate and independent final determinations 
for the Boston-Lawrence-Worcester (Eastern Massachusetts), MA-NH 
serious one-hour ozone nonattainment area, and the Boston-Lawrence-
Worcester (Eastern Massachusetts) moderate 1997 eight-hour ozone 
nonattainment area.

A. Determination of Attainment for the One-Hour Ozone Standard

    First, EPA is determining that the Boston-Lawrence-Worcester 
(Eastern Massachusetts), MA-NH serious one-hour ozone nonattainment 
area has attained the one-hour ozone NAAQS, by the area's applicable 
attainment date of November 15, 2007 based upon complete, quality-
assured and certified ambient air monitoring data for the 2005-2007 
monitoring period. The Boston-Lawrence-Worcester, MA-NH one-hour ozone 
nonattainment area consists of Barnstable, Bristol, Dukes, Essex, 
Middlesex, Nantucket, Norfolk, Plymouth, Suffolk and Worcester Counties 
in Massachusetts; along with parts of Hillsborough and Rockingham 
Counties in southern New Hampshire. (See 40 CFR 81.322, and 81.330.)

B. Determinations of Attainment for the 1997 Eight-Hour Ozone Standard

    Second, EPA is determining, under section 181(b)(2)(A) of the Clean 
Air Act (CAA), that the Boston-Lawrence-Worcester (Eastern 
Massachusetts) moderate 1997 eight-hour ozone nonattainment area 
attained the 1997 eight-hour ozone NAAQS by its applicable attainment 
date (June 15, 2010). The Eastern Massachusetts 1997 eight-hour ozone 
nonattainment area consists of Barnstable, Bristol, Dukes, Essex, 
Middlesex, Nantucket, Norfolk, Plymouth, Suffolk and Worcester 
Counties, in Massachusetts.
    Finally, EPA is determining that the Boston-Lawrence-Worcester 
(Eastern Massachusetts) moderate 1997 eight-hour ozone nonattainment 
area has attained the 1997 eight-hour ozone NAAQS, based upon complete, 
quality-assured and certified ambient air monitoring data for the 2008-
2010 and 2009-2011 monitoring periods.

II. What is the background for these actions?

    On December 14, 2011 (76 FR 77739), EPA published in the Federal 
Register a Notice of Proposed Rulemaking (NPR) proposing its 
determination under section 181(b)(2) that the Boston-Lawrence-
Worcester (Eastern Massachusetts), MA-NH serious one-hour ozone 
nonattainment area attained the one-hour ozone NAAQS by November 15, 
2007, the area's applicable attainment deadline. The rationale and 
bases for EPA's proposed determination are set forth in the December 
14, 2011 NPR, and need not be restated here. EPA received no comments 
on the NPR.
    On March 13, 2012 (77 FR 14712), EPA published in the Federal 
Register an NPR proposing its determinations that the Boston-Lawrence-
Worcester (Eastern Massachusetts), MA moderate eight-hour ozone 
nonattainment area attained the 1997 eight-hour ozone NAAQS by June 15, 
2010, the area's applicable attainment deadline, and that the area 
continues to attain the 1997 8-hour ozone NAAQS. The rationale and 
bases for EPA's proposed determinations are set forth in the March 13, 
2012 NPR, and need not be restated here. EPA received no comments on 
the NPR.

III. What is the effect of these actions?

A. For the One-Hour Ozone Standard

    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, 472 F.3d 882, at 903 (DC Cir. 2006). 
In keeping with this responsibility, EPA has determined that the 
Boston-Lawrence-Worcester, MA-NH serious one-hour ozone nonattainment 
area attained the one-hour ozone standard by the area's applicable 
attainment date of November 15, 2007. In this context, EPA has also 
determined that there are no additional obligations under the revoked 
one-hour standard, including those relating to one-hour ozone 
contingency measures, for the Boston-Lawrence-Worcester, MA-NH one-hour 
ozone nonattainment area.

B. For the Eight-Hour Ozone Standard

    In accordance with CAA section 181(b)(2)(A), EPA is determining 
that the Boston-Lawrence-Worcester (Eastern Massachusetts) moderate 
1997 eight-hour ozone nonattainment area attained the 1997 ozone NAAQS 
by its applicable attainment date of June 15, 2010. The effect of this 
determination of attainment by the area's attainment date is to 
discharge EPA's obligation under section 181(b)(2)(A), and to establish 
that, in accordance with that section, the area will not be 
reclassified for failure to attain by its applicable attainment date.
    EPA is also determining that the Boston-Lawrence-Worcester (Eastern 
Massachusetts) moderate 1997 eight-hour ozone nonattainment area has 
attained the 1997 eight-hour ozone NAAQS, based upon the most recent 
complete, quality-assured and certified ambient air monitoring data, 
for the 2008-2010 and 2009-2011 monitoring periods. Under the 
provisions of EPA's ozone implementation rule (see 40 CFR 51.918), a 
determination that the area is attaining the 1997 eight-hour ozone 
standard suspends the requirements for the Boston-Lawrence-Worcester 
(Eastern Massachusetts) moderate 1997 eight-hour 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 eight-hour ozone NAAQS for so long as the area continues to attain 
the 1997 ozone NAAQS.
    EPA's determination that the area has attained the 1997 eight-hour 
ozone standard does not constitute a redesignation to attainment for 
that standard under CAA section 107(d)(3), because EPA has not yet 
approved a maintenance plan for the area, as required under section 
175A of the CAA, nor determined that the area has met the other 
requirements for redesignation. Thus, the classification and 
designation status of the area remains moderate nonattainment for the 
1997 eight-hour ozone NAAQS until such time as EPA determines that it 
meets the CAA requirements for redesignation to attainment. If EPA 
subsequently determines, after notice-and-comment rulemaking in the 
Federal Register, that the Boston-Lawrence-Worcester (Eastern 
Massachusetts) moderate 1997 eight-hour ozone area's basis for the 
suspension of these requirements no longer exists, then the area would 
thereafter have to address the pertinent requirements.

IV. Final Actions

    EPA is making three separate and independent determinations. First, 
EPA is determining 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, 
quality-assured ozone monitoring data. Second, EPA is determining, 
pursuant to CAA section 181(b)(2)(A), that the Boston-Lawrence-
Worcester (Eastern Massachusetts) moderate 1997 eight-hour ozone 
nonattainment area met the applicable eight-hour ozone attainment

[[Page 31498]]

date of June 15, 2010, based on 2007-2009 complete, certified, quality-
assured ozone monitoring data. Third, EPA is determining that the 
Boston-Lawrence-Worcester (Eastern Massachusetts) moderate 1997 eight-
hour ozone nonattainment area has attained the applicable eight-hour 
ozone standard based on complete, certified, quality-assured ozone 
monitoring data for 2008-2010 and 2009-2011.

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/
or 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).
    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 July 30, 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: May 14, 2012.
Ira W. Leighton,
Acting 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 W--Massachusetts

0
2. Section 52.1129 is amended by adding paragraphs (f) and (g) to read 
as follows:


Sec.  52.1129  Control strategy: Ozone.

* * * * *
    (f) Determination of Attainment for the One-Hour Ozone Standard. 
Effective June 28, 2012, EPA is determining that the Boston-Lawrence-
Worcester, MA-NH one-hour ozone nonattainment area met the one-hour 
ozone standard, by the area's applicable attainment date of November 
15, 2007, based on 2005-2007 complete, certified, quality-assured ozone 
monitoring data at all monitoring sites in the area.
    (g) Determination of Attainment. (1) Determination of Attainment by 
Attainment Date; and
    (2) Determination of Attainment. Effective June 28, 2012.
    (i) Determination of Attainment by the Area's Attainment Date. EPA 
is determining that the Boston-Lawrence-Worcester, MA eight-hour ozone 
nonattainment area met the applicable June 15, 2010 attainment deadline 
for the 1997 eight-hour ozone standard.
    (ii) EPA is determining that the Boston-Lawrence-Worcester, MA 
eight-hour ozone nonattainment area has attained the 1997 eight-hour 
ozone standard. Under the provisions of EPA's ozone implementation rule 
(see 40 CFR 51.918), this determination suspends the reasonable further 
progress and attainment demonstration requirements of section 182(b)(1) 
and related requirements of section 172(c)(9) of the Clean Air Act for 
as long as the area continues to attain the 1997 eight-hour ozone 
standard. If EPA determines, after notice-and comment rulemaking, that 
the Boston-Lawrence-Worcester, MA area no longer meets the 1997 ozone 
NAAQS, this determination shall be withdrawn.

Subpart EE--New Hampshire

0
3. Section 52.1534 is amended by adding paragraph (f) to read as 
follows:


Sec.  52.1534  Control strategy: Ozone.

* * * * *
    (f) Determination of Attainment for the One-Hour Ozone Standard. 
Effective June 28, 2012, EPA is determining that the Boston-Lawrence-
Worcester, MA-NH one-hour ozone nonattainment area met the one-hour 
ozone standard, by the area's applicable attainment date of November 
15, 2007, based on 2005-2007 complete, certified, quality-assured ozone 
monitoring data at all monitoring sites in the area.

[FR Doc. 2012-12505 Filed 5-25-12; 8:45 am]
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