Approval and Promulgation of Air Quality Implementation Plans; Massachusetts; Revised Carbon Monoxide Maintenance Plan for Lowell, 27908-27910 [2011-11722]
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Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Rules and Regulations
EPA-APPROVED INDIANA REGULATIONS—Continued
Indiana
citation
1–6–2
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Indiana
effective date
Subject
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Records; notice of malfunction ...............................................
Preventive maintenance plans ...............................................
Conditions under which malfunction not considered violation
Excessive malfunctions; department actions .........................
Malfunction emission reduction program ...............................
EPA approval date
3/15/1984
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FR
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FR
8/27/1980
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Notes
18604.
18604.
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18604.
18604.
3/12/1982, 47 FR 10824.
3/12/1982, 47 FR 10824.
3/12/1982, 47 FR 10824.
Rule 7. Stack Height Provisions
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Applicability .............................................................................
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Exemptions; limitations ...........................................................
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[FR Doc. 2011–11726 Filed 5–12–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2010–0445; A–1–FRL–
9305–1]
Approval and Promulgation of Air
Quality Implementation Plans;
Massachusetts; Revised Carbon
Monoxide Maintenance Plan for Lowell
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Massachusetts.
This SIP submittal contains revisions to
the carbon monoxide (CO) maintenance
plan for Lowell, Massachusetts.
Specifically, Massachusetts has revised
the contingency plan portion of the
original maintenance plan. The
intended effect of this action is to
approve this revision to the Lowell CO
maintenance plan. This action is being
taken in accordance with the Clean Air
Act.
DATES: Effective Date: This rule is
effective on June 13, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2010–0445. All documents in the docket
are listed on the https://
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
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SUMMARY:
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form. Publicly available docket
materials are available either
electronically through https://
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.
Copies of the documents relevant to
this action are also available for public
inspection during normal business
hours, by appointment at Division of Air
Quality Control, Department of
Environmental Protection, One Winter
Street, 8th Floor, Boston, MA 02108.
FOR FURTHER INFORMATION CONTACT:
Anne K. McWilliams, Air Quality
Planning Unit, U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, 5 Post Office Square—Suite
100, (mail code OEP05–2), Boston, MA
02109—3912, telephone number (617)
918–1697, fax number (617) 918–0697,
email mcwilliams.anne@epa,gov.
SUPPLEMENTARY INFORMATION:
carbon monoxide (CO) maintenance
plan for Lowell, Massachusetts. (A
redesignation request and a
maintenance plan for the Lowell CO
nonattainment area were approved by
EPA on February 19, 2002 (67 FR
7272).) The modification changes the
triggering mechanism which will be
used by the State to determine if
contingency measures need to be
implemented in Lowell.
On February 17, 2011, EPA proposed
approval of this SIP revision (76 FR
9281). EPA received no comments on
the proposed rulemaking.
Table of Contents
III. Summary of SIP Revision
I. Background and Purpose
II. What action is EPA taking?
III. Summary of SIP Revision
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background and Purpose
On April 14, 2010, the Massachusetts
Department of Environmental Protection
(DEP) submitted a revision to its State
Implementation Plan (SIP) for
Massachusetts. The SIP revision
consists of a minor modification to the
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II. What action is EPA taking?
EPA is approving revisions to the
Lowell carbon monoxide maintenance
plan submitted by the State of
Massachusetts on April 14, 2010.
Specifically, EPA is approving the
State’s modification of the portion of the
maintenance plan used to determine
when contingency measures need to be
triggered to reduce CO concentrations in
Lowell. This action will allow the
discontinuation of CO monitoring in the
Lowell maintenance area. Other specific
requirements of the revised carbon
monoxide plan for Lowell,
Massachusetts and the rationale for
EPA’s proposed action are explained in
the Notice of Proposed Rulemaking
(NPR) and will not be restated here.
On April 14, 2010, the Massachusetts
Department of Environmental Protection
submitted a SIP revision to EPA that
contains a modification to its CO
maintenance plan for the Lowell CO
maintenance area. The modifications to
the maintenance plan change the
triggering mechanism by which
contingency measures would be
implemented and will allow the State to
discontinue CO monitoring in the
Lowell maintenance area. CO
concentrations measured in Lowell have
E:\FR\FM\13MYR1.SGM
13MYR1
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Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Rules and Regulations
been below the National Ambient Air
Quality Standard (NAAQS) for nearly 25
years, and in recent years, maximum
measured concentrations have been less
than 30% of the 9 parts per million
(ppm) 8-hour CO standard.1 In this SIP
revision, the State of Massachusetts is
establishing an alternative triggering
mechanism, which will rely on CO data
from a nearby CO monitor in Worcester,
Massachusetts (MA).
Under the previous maintenance plan,
contingency measures in Lowell were
triggered when a violation of the CO
NAAQS was measured in Lowell. Under
the revised maintenance plan,
Massachusetts will rely on data from the
Worcester CO monitor to determine
when and if monitoring will be reestablished in the Lowell maintenance
area, and, in some circumstances, when
contingency measures will be triggered
in the Lowell maintenance area.
Massachusetts will discontinue CO
monitoring in Lowell. Massachusetts
DEP will continue to collect and review
CO monitoring data from nearby
Worcester, MA on an on-going basis. In
the event the second highest CO
concentration in any calendar year
monitored in Worcester reaches 75
percent of the federal 1-hour or 8-hour
NAAQS for CO (35 and 9 ppm,
respectively), Massachusetts will,
within 9 months of recording such
concentrations, re-establish a CO
monitoring site in Lowell consistent
with EPA siting criteria, and resume
analyzing and reporting those data.
Massachusetts will continue to commit
to implement its contingency program
in Lowell in the event that a CO
violation (the ‘‘contingency trigger″) is
monitored at the re-established Lowell
monitoring site at any time during the
maintenance period and to consider one
or more of the other EPA-approved
measures listed in the 2001
Maintenance Plan if necessary to reduce
CO levels.
If the Worcester CO monitor measures
a violation of the either the federal
1-hour or 8-hour NAAQS for CO, the
contingency measures in 2001
Maintenance Plan for Lowell will be
implemented in Lowell, as well as
triggering contingency measures in
Worcester under the terms of the
existing Maintenance Plan for
Worcester, until a re-established Lowell
CO monitor shows that the area is in
attainment of the CO standard.
1 On January 28, 2011, EPA proposed to retain the
existing CO standard. In this action, EPA has also
proposed an increase in near-road CO monitoring.
Due to the low CO concentrations recorded at the
Lowell monitor and applicable siting criteria, this
monitor would not meet the requirements for a
near-road monitor.
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17:40 May 12, 2011
Jkt 223001
When implementing contingency
measures, Massachusetts will review
and implement the measures necessary
to remedy the violation, including
transportation control measures (TCM)
or other additional vehicle or fuel
controls.
IV. Final Action
EPA is approving the revisions to the
Lowell CO maintenance plan submitted
by the State of Massachusetts on April
14, 2010. Specifically, EPA is approving
the State’s request to modify the portion
of the maintenance plan used to
determine when contingency measures
need to be implemented in Lowell. As
described in more detail above, the State
will shut down the Lowell CO monitor
and rely on data from the CO monitor
in Worcester to determine when and if
monitoring will be reestablished in the
Lowell maintenance area, and, in some
circumstances, when contingency
measures will be triggered in the Lowell
maintenance area.
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this 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);
• 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
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27909
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 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.
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 this action 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 12, 2011.
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, Carbon monoxide,
Incorporation by reference,
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27910
Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Rules and Regulations
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
ENVIRONMENTAL PROTECTION
AGENCY
Dated: April 29, 2011.
Ira W. Leighton,
Acting Regional Administrator, EPA Region
1.
RIN 2070–AB27
40 CFR Part 721
[EPA–HQ–OPPT–2009–0669; FRL–8871–5]
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 52—[AMENDED]
Authority: 42 U.S.C. 7401 et seq.
Subpart W—Massachusetts
2. Section 52.1132 is amended by
adding paragraph (e) to read as follows:
■
§ 52.1132 Control strategy: Carbon
Monoxide.
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(e) Approval—On April 14, 2010, the
Massachusetts Department of
Environmental Protection submitted a
modification to the Lowell maintenance
plan approved in paragraph (c) of this
section. Massachusetts will not conduct
CO monitoring in Lowell, but instead
commits to continue to collect and
review CO monitoring data from nearby
Worcester, MA on an on-going basis. In
the event the second highest CO
concentration in any calendar year
monitored in Worcester reaches 75
percent of the federal 1-hour or 8-hour
national ambient air quality standard for
CO, Massachusetts will, within
9 months of recording such
concentrations, re-establish a CO
monitoring site in Lowell consistent
with EPA citing criteria, and resume
analyzing and reporting those data.
Massachusetts commits to implement its
contingency program in Lowell in the
event that a CO violation is monitored
at the re-established Lowell monitoring
site at any time during the maintenance
period. If the Worcester CO monitor
measures a violation of either the
federal 1-hour or 8-hour NAAQS for CO,
contingency measures will be
implemented in Lowell as well, until a
re-established CO monitor in Lowell
shows that the area is in attainment of
the CO standard.
[FR Doc. 2011–11722 Filed 5–12–11; 8:45 am]
BILLING CODE 6560–50–P
15:13 May 12, 2011
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is finalizing an
amendment to the significant new use
rule (SNUR) under the Toxic Substances
Control Act (TSCA) for 2–Propen-1-one,
1-(4-morpholinyl)- (CAS No. 5117–12–
4). This action requires persons who
intend to manufacture, import, or
process the chemical substance for a use
that is designated as a significant new
use by this final rule to notify EPA at
least 90 days before commencing that
activity. EPA believes that this action is
necessary because the chemical
substance may be hazardous to human
health. The required notification would
provide EPA with the opportunity to
evaluate the intended use and, if
necessary, to prohibit or limit that
activity before it occurs.
DATES: This final rule is effective June
13, 2011.
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPPT–2009–0669. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(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 in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPPT
Docket. The OPPT Docket is located in
the EPA Docket Center (EPA/DC) at Rm.
3334, EPA West Bldg., 1301
Constitution Ave., NW., Washington,
DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number of
the EPA/DC Public Reading Room is
(202) 566–1744, and the telephone
number for the OPPT Docket is (202)
566–0280. Docket visitors are required
to show photographic identification,
SUMMARY:
1. The authority citation for part 52
continues to read as follows:
■
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Modification of the Significant New
Uses of 2-Propen-1-one, 1-(4morpholinyl)-
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pass through a metal detector, and sign
the EPA visitor log. All visitor bags are
processed through an X-ray machine
and subject to search. Visitors will be
provided an EPA/DC badge that must be
visible at all times in the building and
returned upon departure.
FOR FURTHER INFORMATION CONTACT: For
technical information contact: Tracey
Klosterman, Chemical Control Division
(7405M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–2209; e-mail address:
klosterman.tracey@epa.gov.
For general information contact: The
TSCA–Hotline, ABVI–Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; e-mail address: TSCA–
Hotline@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
You may be potentially affected by
this action if you manufacture, import,
process, or use 2-Propen-1-one, 1-(4morpholinyl)-(CAS No. 5117–12–4).
Potentially affected entities may
include, but are not limited to:
• Manufacturers, importers, or
processors of the subject chemical
substance (NAICS codes 325 and
324110), e.g., chemical manufacturing
and petroleum refineries.
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. To determine whether
you or your business may be affected by
this action, you should carefully
examine the applicability provisions in
§ 721.5. If you have any questions
regarding the applicability of this action
to a particular entity, consult the
technical person listed under FOR
FURTHER INFORMATION CONTACT.
This action may also affect certain
entities through pre-existing import
certification and export notification
rules under TSCA. Chemical importers
are subject to the TSCA section 13 (15
U.S.C. 2612) import certification
requirements promulgated at 19 CFR
12.118 through 12.127; see also 19 CFR
127.28. Chemical importers must certify
that the shipment of the chemical
substance complies with all applicable
rules and orders under TSCA. Importers
of chemicals subject to a modified
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]]>Agencies
[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Rules and Regulations]
[Pages 27908-27910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11722]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2010-0445; A-1-FRL-9305-1]
Approval and Promulgation of Air Quality Implementation Plans;
Massachusetts; Revised Carbon Monoxide Maintenance Plan for Lowell
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Massachusetts. This SIP submittal contains
revisions to the carbon monoxide (CO) maintenance plan for Lowell,
Massachusetts. Specifically, Massachusetts has revised the contingency
plan portion of the original maintenance plan. The intended effect of
this action is to approve this revision to the Lowell CO maintenance
plan. This action is being taken in accordance with the Clean Air Act.
DATES: Effective Date: This rule is effective on June 13, 2011.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2010-0445. All documents in the docket
are listed on the https://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 https://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.
Copies of the documents relevant to this action are also available
for public inspection during normal business hours, by appointment at
Division of Air Quality Control, Department of Environmental
Protection, One Winter Street, 8th Floor, Boston, MA 02108.
FOR FURTHER INFORMATION CONTACT: Anne K. McWilliams, Air Quality
Planning Unit, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, 5 Post Office Square--
Suite 100, (mail code OEP05-2), Boston, MA 02109--3912, telephone
number (617) 918-1697, fax number (617) 918-0697, email
mcwilliams.anne@epa,gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and Purpose
II. What action is EPA taking?
III. Summary of SIP Revision
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background and Purpose
On April 14, 2010, the Massachusetts Department of Environmental
Protection (DEP) submitted a revision to its State Implementation Plan
(SIP) for Massachusetts. The SIP revision consists of a minor
modification to the carbon monoxide (CO) maintenance plan for Lowell,
Massachusetts. (A redesignation request and a maintenance plan for the
Lowell CO nonattainment area were approved by EPA on February 19, 2002
(67 FR 7272).) The modification changes the triggering mechanism which
will be used by the State to determine if contingency measures need to
be implemented in Lowell.
On February 17, 2011, EPA proposed approval of this SIP revision
(76 FR 9281). EPA received no comments on the proposed rulemaking.
II. What action is EPA taking?
EPA is approving revisions to the Lowell carbon monoxide
maintenance plan submitted by the State of Massachusetts on April 14,
2010. Specifically, EPA is approving the State's modification of the
portion of the maintenance plan used to determine when contingency
measures need to be triggered to reduce CO concentrations in Lowell.
This action will allow the discontinuation of CO monitoring in the
Lowell maintenance area. Other specific requirements of the revised
carbon monoxide plan for Lowell, Massachusetts and the rationale for
EPA's proposed action are explained in the Notice of Proposed
Rulemaking (NPR) and will not be restated here.
III. Summary of SIP Revision
On April 14, 2010, the Massachusetts Department of Environmental
Protection submitted a SIP revision to EPA that contains a modification
to its CO maintenance plan for the Lowell CO maintenance area. The
modifications to the maintenance plan change the triggering mechanism
by which contingency measures would be implemented and will allow the
State to discontinue CO monitoring in the Lowell maintenance area. CO
concentrations measured in Lowell have
[[Page 27909]]
been below the National Ambient Air Quality Standard (NAAQS) for nearly
25 years, and in recent years, maximum measured concentrations have
been less than 30% of the 9 parts per million (ppm) 8-hour CO
standard.\1\ In this SIP revision, the State of Massachusetts is
establishing an alternative triggering mechanism, which will rely on CO
data from a nearby CO monitor in Worcester, Massachusetts (MA).
---------------------------------------------------------------------------
\1\ On January 28, 2011, EPA proposed to retain the existing CO
standard. In this action, EPA has also proposed an increase in near-
road CO monitoring. Due to the low CO concentrations recorded at the
Lowell monitor and applicable siting criteria, this monitor would
not meet the requirements for a near-road monitor.
---------------------------------------------------------------------------
Under the previous maintenance plan, contingency measures in Lowell
were triggered when a violation of the CO NAAQS was measured in Lowell.
Under the revised maintenance plan, Massachusetts will rely on data
from the Worcester CO monitor to determine when and if monitoring will
be re-established in the Lowell maintenance area, and, in some
circumstances, when contingency measures will be triggered in the
Lowell maintenance area.
Massachusetts will discontinue CO monitoring in Lowell.
Massachusetts DEP will continue to collect and review CO monitoring
data from nearby Worcester, MA on an on-going basis. In the event the
second highest CO concentration in any calendar year monitored in
Worcester reaches 75 percent of the federal 1-hour or 8-hour NAAQS for
CO (35 and 9 ppm, respectively), Massachusetts will, within 9 months of
recording such concentrations, re-establish a CO monitoring site in
Lowell consistent with EPA siting criteria, and resume analyzing and
reporting those data. Massachusetts will continue to commit to
implement its contingency program in Lowell in the event that a CO
violation (the ``contingency trigger'') is monitored at the re-
established Lowell monitoring site at any time during the maintenance
period and to consider one or more of the other EPA-approved measures
listed in the 2001 Maintenance Plan if necessary to reduce CO levels.
If the Worcester CO monitor measures a violation of the either the
federal 1-hour or 8-hour NAAQS for CO, the contingency measures in 2001
Maintenance Plan for Lowell will be implemented in Lowell, as well as
triggering contingency measures in Worcester under the terms of the
existing Maintenance Plan for Worcester, until a re-established Lowell
CO monitor shows that the area is in attainment of the CO standard.
When implementing contingency measures, Massachusetts will review
and implement the measures necessary to remedy the violation, including
transportation control measures (TCM) or other additional vehicle or
fuel controls.
IV. Final Action
EPA is approving the revisions to the Lowell CO maintenance plan
submitted by the State of Massachusetts on April 14, 2010.
Specifically, EPA is approving the State's request to modify the
portion of the maintenance plan used to determine when contingency
measures need to be implemented in Lowell. As described in more detail
above, the State will shut down the Lowell CO monitor and rely on data
from the CO monitor in Worcester to determine when and if monitoring
will be reestablished in the Lowell maintenance area, and, in some
circumstances, when contingency measures will be triggered in the
Lowell maintenance area.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this 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);
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 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.
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 this action 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 12, 2011. 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, Carbon monoxide,
Incorporation by reference,
[[Page 27910]]
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: April 29, 2011.
Ira W. Leighton,
Acting Regional Administrator, EPA Region 1.
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 52.1132 is amended by adding paragraph (e) to read as
follows:
Sec. 52.1132 Control strategy: Carbon Monoxide.
* * * * *
(e) Approval--On April 14, 2010, the Massachusetts Department of
Environmental Protection submitted a modification to the Lowell
maintenance plan approved in paragraph (c) of this section.
Massachusetts will not conduct CO monitoring in Lowell, but instead
commits to continue to collect and review CO monitoring data from
nearby Worcester, MA on an on-going basis. In the event the second
highest CO concentration in any calendar year monitored in Worcester
reaches 75 percent of the federal 1-hour or 8-hour national ambient air
quality standard for CO, Massachusetts will, within 9 months of
recording such concentrations, re-establish a CO monitoring site in
Lowell consistent with EPA citing criteria, and resume analyzing and
reporting those data. Massachusetts commits to implement its
contingency program in Lowell in the event that a CO violation is
monitored at the re-established Lowell monitoring site at any time
during the maintenance period. If the Worcester CO monitor measures a
violation of either the federal 1-hour or 8-hour NAAQS for CO,
contingency measures will be implemented in Lowell as well, until a re-
established CO monitor in Lowell shows that the area is in attainment
of the CO standard.
[FR Doc. 2011-11722 Filed 5-12-11; 8:45 am]
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