[Federal Register: December 6, 2002 (Volume 67, Number 235)]
[Rules and Regulations]
[Page 72576-72579]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06de02-10]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MA069-7205a; A-1-FRL-7418-6]
Approval and Promulgation of Air Quality Implementation Plans;
Massachusetts; One-hour Ozone Attainment Demonstration for the
Massachusetts Portion of the Boston-Lawrence-Worcester, MA-NH Ozone
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Massachusetts. This action approves
Massachusetts' one-hour ozone attainment demonstration for the
Massachusetts portion of the Boston-Lawrence-Worcester, MA-NH serious
ozone nonattainment area, submitted by the Massachusetts Department of
Environmental Protection on July 27, 1998, and supplemented on
September 6, 2002. This action is based on the requirements of the
Clean Air Act (CAA) as amended in 1990, related to one-hour ozone
attainment demonstrations. EPA is establishing an attainment date of
November 15, 2007, for the entire multi-state nonattainment area, and
is approving the 2007 motor vehicle emissions budgets submitted by
Massachusetts for the Massachusetts portion of the nonattainment area.
EPA is also finding the 2003 motor vehicle emissions budgets submitted
previously by Massachusetts inadequate. A notice of proposed rulemaking
was published on this action on October 15, 2002. EPA received comments
on that proposal. In this action, EPA responds to those comments.
EFFECTIVE DATE: This rule will become effective on January 6, 2003.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection by appointment weekdays from 9 a.m. to
4 p.m., at the Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA-New England, One Congress Street, 11th Floor,
Boston, MA; and Division of Air Quality Control, Department of
Environment Protection, One Winter Street, 8th Floor, Boston, MA 02108.
Please telephone in advance before visiting.
FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, (617) 918-1664.
SUPPLEMENTARY INFORMATION: This supplementary information section is
organized as follows:
I. What Massachusetts SIP Revision Is the Topic of This Action?
II. What Previous Action Has Been Taken on This SIP revision?
III. What Motor Vehicle Emissions Budgets (MVEBs) Are We Approving?
IV. What SIP Elements Did EPA Need To Take Action on Before Full
Approval of the Attainment Demonstration Could Be Granted?
V. What Comments Were Received on the Proposed Approvals and How Has
EPA Responded to Those?
VI. EPA Action
VII. Administrative Requirements
I. What Massachusetts SIP Revision Is the Topic of This Action?
A one-hour ozone attainment demonstration SIP was submitted on July
27, 1998, by the Massachusetts Department of Environmental Protection
for the Massachusetts portion of the Boston-Lawrence-Worcester, MA-NH
serious ozone nonattainment area. The SIP revision was subject to
public notice and comment by the State and a hearing was held in June
1998. A supplement to the attainment demonstration SIP was submitted by
the Massachusetts Department of Environmental Protection on September
6, 2002. The attainment demonstration supplement included a reasonably
available control measures (RACM) analysis and 2007 motor vehicle
emissions budgets for the Massachusetts portion of the Boston-Lawrence-
Worcester, MA-NH serious ozone nonattainment area. In the supplement,
Massachusetts requested an attainment date for this area of November
15, 2007, and included a demonstration of how attainment will be
reached by that date. The supplemental SIP revision was also
[[Page 72577]]
subject to public notice and comment by Massachusetts, and a hearing
was held in July 2002.
II. What Previous Action Has Been Taken on This SIP Revision?
EPA published a notice of proposed rulemaking (NPR) for the
Massachusetts attainment demonstration SIP on October 15, 2002 (67 FR
63586). In that action, EPA proposed to approve the ozone attainment
demonstration submitted by the state, which includes a RACM analysis
and 2007 motor vehicle emissions budgets with an attainment date of
November 15, 2007. The proposed notice states EPA's conclusions
regarding the approvability of the various portions of the SIP, which
will not be repeated here. EPA also proposed to find the 2003 motor
vehicle emissions budgets inadequate. The 2003 budgets were from the
Massachusetts ozone attainment demonstration submitted in 1998. Readers
are directed to the proposal for further information.
Comments received on the NPR for the attainment demonstration SIP
for the Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment
area and EPA's responses are discussed in section V. below.
EPA proposed approval of the New Hampshire ozone attainment
demonstration for this nonattainment area on October 21, 2002 (67 FR
64582). Final action on the New Hampshire ozone attainment
demonstration for the New Hampshire portion of the Boston-Lawrence-
Worcester, MA-NH serious ozone nonattainment area can be found in a
document published elsewhere in this issue of the Federal Register.
III. What Motor Vehicle Emissions Budgets (MVEBs) Are We Approving?
On September 6, 2002, Massachusetts submitted motor vehicle
emissions budgets for the 2007 attainment year for the Massachusetts
portion of the Boston-Lawrence-Worcester, MA-NH serious ozone
nonattainment area in their SIP. The attainment year motor vehicle
emissions budgets established by this plan that we are approving are
86.700 tons per day for VOC and 226.363 tons per day for NOX
for the Massachusetts portion of the Boston-Lawrence-Worcester, MA-NH
serious ozone nonattainment area. Under EPA's policy\1\ for reviewing
the adequacy of motor vehicle emissions budget submissions, these
budgets were posted on the EPA Web site for public comment on September
17, 2002. As the SIP was available electronically on the Massachusetts
Department of Environmental Protection Web site at www.state.ma.us/dep/bwp/daqc/daqcpubs.htm#sip
, the public comment period was open for
thirty days. No comments were received by EPA on these budgets during
the adequacy comment period. EPA also received no comments on our
October 15, 2002, proposed approval of these budgets. EPA is approving
these 2007 motor vehicle emissions budgets because they are consistent
with the control measures in the SIP, and the SIP as a whole
demonstrates attainment of the 1-hour ozone standard. The rationale for
our approval is detailed in the October 15, 2002, proposed action.
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\1\ Memorandum from G. MacGregor, dated May 14, 1999,
``Conformity Guidance on Implementation of March 2, 1999, Conformity
Court Decision.''
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EPA is making a finding of inadequacy on the 2003 motor vehicle
emission budgets of 117.118 tons per summer day for VOC, and 243.328
tons per summer day for NOX. As the area will not attain the
one-hour ozone standard in the year 2003, the motor vehicle emissions
budgets for the year 2003 are no longer consistent with attainment.
These 2003 motor vehicle emissions budgets which were submitted on July
27, 1998, were previously found adequate through a February 19, 1999.
EPA letter, which we issued prior to EPA's Guidance for Determining the
adequacy of the submitted budgets issued November 3, 1999, With this
final action these budgets are no longer adequate and can no longer be
used in future conformity determinations.
The approved 2007 motor vehicle emissions budgets would apply in
all future conformity determinations for an analysis year of 2007 and
later. Note that a conformity determination with an analysis year
between the present and 2006 would use the year 1999 motor vehicle
emissions budgets of 147.108 tons per summer day of VOC and 262.580
tons per summer day of NOX established in the approved post-
1996 rate-of-progress plan for Massachusetts portion of the Boston-
Lawrence-Worcester, MA-NH serious ozone nonattainment area (67 FR
55121). However, at this time there is no analysis year required prior
to 2007.
IV. What SIP Elements Did EPA Need To Take Action on Before Full
Approval of the Attainment Demonstration Could Be Granted?
In the proposed rulemaking for the Massachusetts attainment
demonstration SIP published on October 15, 2002, EPA stated that it
intended to publish final rulemaking on the Massachusetts Low Emission
Vehicle (LEV) program regulations which replaced the previously
federally approved Massachusetts LEV I rules either before or at the
same time as publication of final approval of the attainment
demonstration. Approval of the emission reductions associated with this
measure is needed to fully approve the attainment demonstration.
Final approval of Massachusetts LEV SIP was granted by EPA Region
I's Regional Administrator on November 26, 2002. This approval will be
published elsewhere in the Federal Register. The approval LEV SIP will
be promulgated at 40 CFR 52.1120(c)(132).
V. What Comments Were Received on the Proposed Approvals and How Has
EPA Responded to Those?
EPA received comments on the Notice of Proposed Rulemaking
published on October 15, 2002 (67 FR 63586). A letter dated November
13, 2002, from the Alliance of Automobile Manufacturers (``the
Alliance'') provided comments on two separate EPA proposed rulemaking
notices published in the Federal Register on October 15, 2002: EPA's
proposed approval of the Massachusetts's one-hour ozone attainment
demonstration for the Massachusetts portion of the Boston-Lawrence-
Worcester, MA-NH serious ozone nonattainment area (67 FR 63586), and
EPA's proposed approval of the Massachusetts low-emission vehicle (LEV)
program (67 FR 63583). The following discussion summarizes and
responses to the comments that pertain to EPA's proposed approval of
the Massachusetts ozone attainment demonstration. Those comments that
pertain exclusively to the proposed approval of the Massachusetts LEV
program are responded to in the final rulemaking action on that program
signed by EPA Region I's Regional Administrator on November 26, 2002.
The comments and responses in the Massachusetts LEV notice are included
in the record for this final rule and apply to this notice. Publication
of the Massachusetts LEV approval notice will be published elsewhere in
the Federal Register. The approval LEV SIP will be promulgated at 40
CFR 52.1120(c)(132).
Comment: The Alliance states that the two notices published in the
Federal Register on October 15 (67 FR 63583 and 63586) can be read
inconsistently. According to the Alliance, in one notice EPA proposes
to fully approve the attainment demonstration SIP revision submitted by
Massachusetts, and in the other notice EPA ``explains several reasons
why full approval is not appropriate'' for the Massachusetts LEV
program.
[[Page 72578]]
Response: As stated in the proposed approval of the Massachusetts
LEV program (67 FR 63583), EPA proposed to approve all of the
components of the LEV program that are necessary to achieve the
emission reductions associated with the LEV program, which the state
relies on for purposes of its attainment demonstration. In EPA's
proposed action on the Massachusetts LEV program, EPA proposed no
action on the zero emission vehicle (ZEV) program, however that does
not affect the level of emission reductions from the Massachusetts LEV
program. The motor vehicle emissions budgets established in the
attainment plan do rely on the emission reductions from the December
24, 1999, version of the Massachusetts LEV program, which we are
approving elsewhere in the Federal Register. This approval of the
Massachusetts LEV program does not include the Massachusetts ZEV
program. As such, there are no inconsistencies between the two proposed
approvals published on October 15, 2002.
Comment: The Alliance requests clarification of one portion of
Table 2 in the SIP revision notice (67 FR 63586, at 63591), which
states that ``EPA will publish final rules for the CA LEV II SIP before
or at the same time as we publish final rules on the attainment
demonstration.'' The Alliance state: ``It is impossible to predict with
any certainty when the necessary rulemaking will occur in California to
amend the current ZEV rule, when the amended California program will be
submitted to EPA, and what action EPA will take on that program under
section 209. Because California withdrew from EPA's consideration the
current version of the ZEV program in July 2002, both EPA and all the
affected stakeholders have to await developments in California. We
assume that it is not EPA's intent to delay action on the rest of the
SIP submittal until EPA can proceed in the manner required by section
209 of the Clean Air Act with respect to ZEV regulations.''
Response: As stated in the proposed approval of the Massachusetts
LEV program (67 FR 63583), it was EPA's intent to approve the
Massachusetts' December 24, 1999, version of 310 CMR 7.40, the ``Low
Emission Vehicle Program'' except for those portions dealing with zero
emission vehicles. Since the ZEV portion of the Massachusetts LEV
program does not contribute further emission reductions to the
attainment demonstration, EPA can fully approve the attainment
demonstration, based on its approval of the LEV program, while not
taking action on Massachusetts ZEV program. EPA stands by its statement
in the proposed rule that it would not take final approval action of
the attainment demonstration before it took final action approving the
LEV SIP. As explained above, final approval of Massachusetts LEV SIP
was granted by EPA Region I's Regional Administrator on November 26,
2002. This approval did not take any action on sections 310 CMR
7.40(2)(a)5, 7.40(2)(a)6, 7.40(2)(a)3, 7.40(10) and 7.40(12) that
pertain to the ZEV program.
VI. EPA Action
As described above, EPA does not believe any of the comments
received on the proposal published for the attainment demonstration SIP
revision for the Massachusetts portion of the Boston-Lawrence-
Worcester, MA-NH serious ozone nonattainment area change the basis for
our proposed approval. Thus, EPA is approving the ground-level one-hour
ozone attainment demonstration SIP for the Massachusetts portion of the
Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area. EPA
is also approving the attainment date for this area as November 15,
2007. EPA also approves both the RACM analysis and the 2007 volatile
organic compound and nitrogen oxide motor vehicle emissions budgets for
the Massachusetts portion of the Boston-Lawrence-Worcester, MA-NH
serious ozone nonattainment area for use in transportation conformity.
Lastly, EPA is finding the 2003 motor vehicle emissions budgets
previously submitted by Massachusetts inadequate.
VII. Administrative Requirements
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 state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule 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 rule 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 (Public Law 10-4).
This rule 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 rule
implementing a federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule 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, 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 for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, 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 rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
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 rule and other
required information to the U.S. Senate,
[[Page 72579]]
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 February 4, 2003. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: November 26, 2002.
Robert W. Varney,
Regional Administrator, EPA-New England.
1. Part 52 of chapter I, title 40 of the Code of Federal
Regulations is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart W--Massachusetts
2. Section 52.1127 is amended by revising the table to read as
follows:
Sec. 52.1127 Attainment dates for national standards.
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Pollutant
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Air quality control region SO 2
---------------------- PM 10 NO 2 CO O 3
Primary Secondary
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AQCR 42: Hartford-New Haven-Springfield (a) (b) (a) (a) (a) (c)
Interstate Area (See 40 CFR 81.26)...........
AQCR 117: Berkshire Intrastat Area (See 40 CFR (a) (b) (a) (a) (a) (c)
81.141)......................................
AQCR 118: Central Mass Intrastate Area (See (a) (b) (a) (a) (a) (d)
4r0 CFR 81.142)..............................
AQCR 119: Metropolitan Boston Intrastate Area (a) (b) (a) (a) (a) (d)
(See 40 CFR 81.19)...........................
AQCR 120: Metropolitan Providence Interstate (a) (b) (a) (a) (a) (d)
Area (See 40 CFR 81.31)......................
AQCR 121: Merrimack Valley-Southern NH (a) (b) (a) (a) (a) (d)
Interstate Area (See 40 CFR 81.81)...........
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a. Air quality presently below primary standards or area is unclassifiabale.
b. Air quality levels presently secondary standatrds or area is unclassifiable.
c. December 31, 2003.
d. November 15, 2007.
3. Section 52.1129 of subpart W is amended by adding paragraph (d)
to read as follows:
Sec. 52.1129 Control strategy: Ozone.
* * * * *
(d) Approval--Revisions to the State Implementation Plan submitted
by the Massachusetts Department of Environmental protection on July 27,
1998, and September 6, 2002. The revisions are for the purpose of
satisfying the one-hour ozone attainment demonstration requirements of
section 182(c)92)(A) pof the Clean Air Act, for the Boston-Lawrence-
Worcester, MA-NH serious ozone nonattiainment area. The revision
establishes a one-hour attainment date of November 15, 2007l, for the
Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area. This
revision establishes motor vehicle emissions budgets for 2007 of 86.7
tons per day of volatile organic compounds and 226.363 tons per day of
nitrogen oxides to be used in transportation conformity in the
Massachusets portion of the Boston-Lawrence-Worcester, MA-NH serious
ozone nonattainment area.
[FR Doc. 02-30841 Filed 12-5-02; 8:45 am]
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