Approval of Air Quality Implementation Plan Commitment to Submit Mid-Course Review; Massachusetts, New Hampshire and Rhode Island, 59338-59340 [05-20420]
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59338
Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Notices
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Art
Hofmeister, Air Permits Section, EPA
Region 4, at (404) 562–9115 or
hofmeister.art@epa.gov.
FOR FURTHER INFORMATION CONTACT:
The
Georgia Center for Law in the Public
Interest originally submitted a petition
on behalf of the Sierra Club (Petitioner)
to the Administrator on February 4,
2002, requesting that EPA object to a
state title V operating permit issued by
the EPD to Oglethorpe. Other
inconsistencies (with the Act) alleged by
the Petitioner were: (1) That the permit
failed to require a case-by-case
maximum achievable control
technology determination for the
emissions of hazardous air pollutants;
(2) that the permit failed to include
adequate monitoring of carbon
monoxide; (3) that the permit
impermissibly limited the enforceability
of a federal stack height provision; and
(4) that the permit failed to include
short-term best available control
technology limits. EPA’s responses to
the above issues in the November 12,
2002, Order were upheld by the Court;
therefore, sections IV.B. through IV.E. of
the November 12, 2002, Order are
incorporated by reference into the Order
Responding to Remand.
SUPPLEMENTARY INFORMATION:
Dated: October 5, 2005.
J. I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. 05–20416 Filed 10–11–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[A–1–FRL–7982–5]
Approval of Air Quality Implementation
Plan Commitment to Submit MidCourse Review; Massachusetts, New
Hampshire and Rhode Island
Environmental Protection
Agency (EPA).
ACTION: Notice of commitment
fulfillment.
AGENCY:
19:48 Oct 11, 2005
Jkt 208001
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
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 onehour ozone standard under the Clean
Air Act (CAA). EPA has reviewed the
MCR documents submitted by
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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:
burkhart.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Background
EPA’s 1996 modeling guidance
recognized the need to perform a midcourse 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
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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-LawrenceWorcester, 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
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Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Notices
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
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19:48 Oct 11, 2005
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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 1hour 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.
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59339
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 1hour 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 gridpoint 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
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59340
Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Notices
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 1hour 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
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19:48 Oct 11, 2005
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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
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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
ENVIRONMENTAL PROTECTION
AGENCY
[OPP–2005–0101; FRL–7740–9]
Pesticide Program Dialogue
Committee Meeting
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: Pursuant to the Federal
Advisory Committee Act, EPA gives
notice of a public meeting of the
Pesticide Program Dialogue Committee
(PPDC) on October 20 and 21, 2005. A
draft agenda has been developed and is
posted on EPA’s web site. Agenda topics
will include: Pesticide performance
measures; human studies; farmworker
safety; spray drift; Pesticide Registration
Improvement Act Workgroup on Process
Improvements Update; integrated
testing strategy and vision; updates on
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]]>Agencies
[Federal Register Volume 70, Number 196 (Wednesday, October 12, 2005)]
[Notices]
[Pages 59338-59340]
From the Federal Register Online via the Government Printing 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: burkhart.richard@epa.gov.
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]
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