Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Proposed Rules 3417 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9V, 

Airspace Designations and Reporting 

Points, dated August 9, 2011 and 

effective September 15, 2011, is 

amended as follows: 

Paragraph 6010 VOR Federal Airways 

* * * * * 

V–130 (Amended) 

From Norwich, CT; INT Norwich 114° and 

Martha’s Vineyard, MA, 267° radials; to 

Martha’s Vineyard. 

V–203 (Amended) 

From INT Chester, MA 266°T/279°M and 

Albany, NY 134°(T) 147°(M) radials; Albany; 

Saranac Lake, NY; Massena, NY; INT 

Massena 047° and Montreal, Canada 188° 

radials; Montreal. The airspace within 

Canada is excluded. 

V–205 [Removed] 

V–405 (Amended) 

From INT Pottstown, PA, 222° and 

Baltimore, MD, 034° radials; Pottstown; INT 

Pottstown 050° and Solberg, NJ, 264° radials; 

Solberg; INT Solberg 044° and Carmel, NY, 

243° radials; Carmel; INT Carmel 344° and 

Pawling, NY, 204° radials; Pawling; Barnes, 

MA; Putnam, CT; Providence, RI; INT 

Providence 151° and Martha’s Vineyard, MA, 

267° radials; to Martha’s Vineyard. 

V–419 [Amended] 

From Westminster, MD to Modena, PA; 

Solberg, NJ; INT Solberg 044° and Carmel, 

NY 243° radials; Carmel; to INT Carmel 

045°(T)/057°(M) and Madison, CT 328°(T)/ 

341°(M) radials. 

* * * * * 

Paragraph 6011 United States Area 

Navigation Routes 

* * * * * 

T–212 WEARD, NY to Putnam, CT (PUT) [New] 

WEARD, NY .................................................. Fix .................................................................. (Lat. 41°45′44′′ N., long. 74°31′30′′ W.) 

WEETS, NY ................................................... Fix .................................................................. (Lat. 41°51′27′′ N., long. 74°11′52′′ W.) 

TRESA, NY .................................................... Fix .................................................................. (Lat. 41°52′50′′ N., long. 73°49′07′′ W.) 

STUBY, CT .................................................... Fix .................................................................. (Lat. 41°54′08′′ N., long. 73°26′14′′ W.) 

VEERS, CT ..................................................... Fix .................................................................. (Lat. 41°54′38′′ N., long. 73°17′06′′ W.) 

RONGE, CT .................................................... Fix .................................................................. (Lat. 41°54′53′′ N., long. 73°12′21′′ W.) 

NELIE, CT ...................................................... WP ................................................................. (Lat. 41°56′28′′ N., long. 72°41′19′′ W.) 

DARTH, CT ................................................... Fix .................................................................. (Lat. 41°57′56′′ N., long. 72°16′21′′ W.) 

Putnam, CT (PUT) ......................................... VOR/DME ...................................................... (Lat. 41°57′20′′ N., long. 71°50′39′′ W.) 

T–255 NELIE, CT to Martha’s Vineyard, MA (MVY) [New] 

NELIE, CT ...................................................... WP ................................................................. (Lat. 41°56′28′′ N., long. 72°41′19′′ W.) 

BLATT, CT .................................................... Fix .................................................................. (Lat. 41°49′37′′ N., long. 72°00′55′′ W.) 

NOXSE, RI ..................................................... Fix .................................................................. (Lat. 41°46′46′′ N., long. 71°44′28′′ W.) 

Providence, RI (PVD) .................................... VORTAC ........................................................ (Lat. 41°43′28′′ N., long. 71°25′47′′ W.) 

FALMA, RI .................................................... Fix .................................................................. (Lat. 41°22′22′′ N., long. 71°10′16′′ W.) 

Martha’s Vineyard, MA (MVY) .................... VOR/DME ...................................................... (Lat. 41°23′46′′ N., long. 70°36′46′′ W.) 

T–300 Albany, NY (ALB) to Martha’s Vineyard, MA (MVY) [New] 

Albany, NY (ALB) ......................................... VORTAC ........................................................ (Lat. 42°44′50′′ N., long. 73°48′11′′ W.) 

CANAN, NY .................................................. Fix .................................................................. (Lat. 42°29′34′′ N., long. 73°26′48′′ W.) 

SHIGY, MA .................................................... Fix .................................................................. (Lat. 42°23′58′′ N., long. 73°19′01′′ W.) 

STELA, MA ................................................... Fix .................................................................. (Lat. 42°16′53′′ N., long. 73°09′14′′ W.) 

MOLDS, MA .................................................. Fix .................................................................. (Lat. 42°12′31′′ N., long. 73°03′13′′ W.) 

TOMES, MA .................................................. Fix .................................................................. (Lat. 42°08′43′′ N., long. 72°58′01′′ W.) 

COBOL, MA .................................................. Fix .................................................................. (Lat. 42°05′13′′ N., long. 72°53′14′′ W.) 

NELIE, CT ...................................................... WP ................................................................. (Lat. 41°56′28′′ N., long. 72°41′19′′ W.) 

WIPOR, CT .................................................... Fix .................................................................. (Lat. 41°39′23′′ N., long. 72°10′38′′ W.) 

Norwich, CT (ORW) ...................................... VOR/DME ...................................................... (Lat. 41°33′23′′ N., long. 72°59′58′′ W.) 

LAFAY, RI ..................................................... Fix .................................................................. (Lat. 41°27′45′′ N., long. 71°43′16′′ W.) 

MINNK, RI ..................................................... Fix .................................................................. (Lat. 41°21′41′′ N., long. 71°25′27′′ W.) 

FALMA, RI .................................................... Fix .................................................................. (Lat. 41°22′22′′ N., long. 71°10′16′′ W.) 

Martha’s Vineyard, MA (MVY) .................... VOR/DME ...................................................... (Lat. 41°23′46′′ N., long. 70°36′46′′ W.) 

Issued in Washington, DC, on January 17, 

2012. 

Gary A. Norek, 

Acting Manager, Airspace, Regulations and 

ATC Procedures Group. 

[FR Doc. 2012–1395 Filed 1–23–12; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2012–0008; A–1–FRL– 

9621–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Massachusetts; Determination of 

Attainment of the One-Hour Ozone 

Standard for the Springfield (Western 

Massachusetts) Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

determine that the Springfield (Western 

Massachusetts), serious one-hour ozone 

nonattainment area did not meet the 

applicable deadline of December 31, 

2003 for attaining the one-hour National 

Ambient Air Quality Standard (NAAQS) 

for ozone. This proposed determination 

is based upon complete, certified, 

quality-assured ambient air quality 

monitoring data for the 2001–2003 

monitoring period showing that the area 

had an expected ozone exceedance rate 

above the level of the now revoked onehour ozone NAAQS during that period. 

Separate from and independent of this 

proposed determination, EPA is also 

proposing to determine that the 

Springfield (Western Massachusetts) 

serious one-hour ozone nonattainment 

area currently attains the now revoked 

one-hour NAAQS for ozone, based upon 

complete, quality-assured, certified 

ambient air monitoring data for the 

2007–2009 and 2008–2010 monitoring 


srobinson on DSK4SPTVN1PROD with PROPOSALS
3418 Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Proposed Rules 

periods. Preliminary one-hour ozone 

data available for 2011 also show the 

area continues to meet the one-hour 

NAAQS for ozone. If EPA finalizes its 

determination that the area is currently 

attaining the one-hour standard, the 

obligation to submit one-hour ozone 

contingency measures will be 

suspended. EPA is proposing these 

determinations under the Clean Air Act. 

DATES: Written comments must be 

received on or before February 23, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2012–0008 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: arnold.anne@epa.gov 

3. Fax: (617) 918–0047. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2012–0008,’’ 

Anne Arnold, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square, 

Suite 100 (mail code: OEP05–2), Boston, 

MA 02109–3912. 

5. Hand Delivery or Courier: Deliver 

your comments to: Anne Arnold, 

Manager, Air Quality Planning Unit, 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square, Suite 100, Boston, MA 

02109–3912. Such deliveries are only 

accepted during the Regional Office’s 

normal hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2012– 

0008. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov, or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. 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 in www.regulations.gov or 

in hard copy at Office of Ecosystem 

Protection, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square, 

Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Richard P. Burkhart, Air Quality 

Planning Unit, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square, 

Suite 100, Boston, MA 02109–3912, 

telephone number (617) 918–1664, fax 

number (617) 918–0664, email 

Burkhart.Richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble: 

I. What is EPA proposing? 

A. Proposed Determination of Failure To 

Attain by Applicable Attainment Date 

B. Proposed Determination of Current 

Attainment 

II. What is the background for these proposed 

actions? 

A. Statutory and Regulatory Background 

B. Basis and Effect of Proposed 

Determinations 

III. What are EPA’s analyses of data for 

purposes of determining attainment of 

the one-hour ozone standard? 

A. How does epa compute whether an area 

meets the one-hour ozone standard? 

B. EPA’s Analyses of the One-Hour Ozone 

Data for the Springfield (Western 

Massachusetts) Area 

IV. Proposed Determinations 

V. Statutory and Executive Order Reviews 

I. What is EPA proposing? 

EPA is proposing two separate and 

independent determinations for the 

Springfield (Western Massachusetts) 

one-hour ozone serious nonattainment 

area (hereafter, ‘‘the Western 

Massachusetts area’’). 

A. Proposed Determination of Failure 

To Attain by Applicable Attainment 

Date 

EPA is proposing to determine that 

the Western Massachusetts area did not 

attain the one-hour ozone NAAQS by 

the applicable attainment date, 

December 31, 2003. This proposed 

determination is based upon complete, 

quality-assured and certified air quality 

monitoring data for the 2001–2003 

monitoring period. 

B. Proposed Determination of Current 

Attainment 

In addition, EPA is proposing to 

determine that the Western 

Massachusetts area is currently attaining 

the one-hour ozone NAAQS based upon 

complete, quality-assured and certified 

ambient air monitoring data for the 

2007–2009 and 2008–2010 monitoring 

periods. If this proposed determination 

is finalized, any obligations related to 

one-hour ozone contingency measures 

in the Western Massachusetts area shall 

be suspended. 

II. What is the background for these 

proposed actions? 

A. Statutory and Regulatory Background 

The Western Massachusetts one-hour 

ozone nonattainment area consists of 

Berkshire, Franklin, Hampden and 

Hampshire Counties. EPA designated 

this area as nonattainment for one-hour 

ozone following the enactment of the 

Clean Air Act (CAA) Amendments of 

1990. Most areas of the country that 

EPA designated nonattainment for the 

one-hour ozone NAAQS were classified 

by operation of law as marginal, 

moderate, serious, severe, or extreme 

depending on the severity of the area’s 

air quality problem. See CAA sections 

107(d)(1)(C) and 181(a). The Western 

Massachusetts area was classified as 

serious. The one-hour ozone attainment 

deadline for the Western Massachusetts 

serious area was initially set for 

November 15, 1999, and later was 

extended to December 31, 2003. See 66 

FR 666 (January 3, 2001). 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Proposed Rules 3419 

1Final Rule to Implement the 8-Hour Ozone 

National Ambient Air Quality Standard—Phase 1, 

69 FR 23951 (April 30, 2004). 

2The U.S. Court of Appeals for the District of 

Columbia Circuit upheld the provisions of 40 CFR 

51.918, which codified the Clean Data Policy. 

Previously Courts of Appeals for several other 

Circuits upheld the Clean Data Policy under the 

one-hour standard. See NRDC v. EPA, 571 F.3d 

1245 (DC Cir. 2009); Sierra Club v. EPA, 99 F. 3d 

1551 (10th Cir.1996); Sierra Club v. EPA, 375 F.3d 

537 (7th Cir. 2004) and Our Children’s 

EarthFoundation v. EPA, No. 04–73032 (9th Cir. 

June 28, 2005) (memorandum opinion). 

On July 18, 1997 (62 FR 38856), EPA 

promulgated a new standard for ozone 

based on an 8-hour average 

concentration (the ‘‘1997 8-hour ozone 

NAAQS’’). EPA designated and 

classified most areas of the country 

under the 8-hour ozone NAAQS in an 

April 30, 2004 final rule. See 69 FR 

23858. EPA designated Western 

Massachusetts as nonattainment for the 

1997 8-hour ozone NAAQS, and at the 

time of designation the area did not 

meet the one-hour ozone standard. 

On April 30, 2004, EPA issued a final 

rule (69 FR 23951) entitled ‘‘Final Rule 

To Implement the 8-Hour Ozone 

National Ambient Air Quality 

Standard—Phase 1,’’ referred to as the 

Phase 1 Rule. Among other matters, this 

rule revoked the one-hour ozone 

NAAQS in most areas of the country, 

effective June 15, 2005. See 40 CFR 

50.9(b); 69 FR at 23996; and 70 FR 

44470. The Phase 1 Rule also set forth 

how anti-backsliding principles will 

ensure continued progress toward 

attainment of the eight-hour ozone 

NAAQS by identifying which one-hour 

requirements remain applicable in an 

area after revocation of the one-hour 

ozone NAAQS. Although, EPA revoked 

the one-hour ozone standard, eight-hour 

ozone nonattainment areas remain 

subject to certain one-hour, antibacksliding requirements based on their 

one-hour ozone classification. Initially, 

in our rules to address the transition 

from the one-hour to the eight-hour 

ozone standard, EPA did not include 

one-hour contingency measures among 

the measures retained as one-hour 

ozone anti-backsliding requirements.1

However, on December 23, 2006, the 

United States Court of Appeals for the 

District of Columbia Circuit determined 

that EPA should not have excluded 

these requirements (and certain others 

not relevant here) from its antibacksliding requirements. See South 

Coast Air Quality Management District 

v. EPA, 472 F.3d 882 (DC Cir. 2006), 

rehearing denied 489 F.3d 1245 

(clarifying that the vacatur was limited 

to the issues on which the court granted 

the petitions for review). Thus, the 

Court vacated the provisions that 

excluded these requirements. As a 

result, States must continue to meet the 

obligations for one-hour ozone NAAQS 

contingency measures and EPA has 

issued a proposed rule that would 

remove the vacated provisions of 40 

CFR 51.905(e), and that addresses 

contingency measures for the one-hour 

standard. See 74 FR 2936 (January 16, 

2009) (proposed rule); and 74 FR 7027 

(February 12, 2009) (notice of public 

hearing and extension of comment 

period). 

B. Basis and Effect of Proposed 

Determinations 

After revocation of the one-hour 

ozone standard, EPA must continue to 

provide a mechanism to give effect to 

the one-hour ozone anti-backsliding 

requirements. See SCAQMD v. EPA, 47 

F.3d 882, at 903. In keeping with this 

responsibility with respect to specific 

one-hour anti-backsliding measures, 

such as contingency measures, EPA 

proposes to determine that Western 

Massachusetts failed to attain the onehour ozone standard by its applicable 

attainment date. (CAA sections 301(a) 

and 181(b)(2)). Consistent with 40 CFR 

51.905(e)(2) and the South Coast 

decision, upon revocation of the onehour ozone NAAQS for an area, EPA is 

no longer obligated to determine 

whether an area has attained the onehour NAAQS, except insofar as it relates 

to effectuating the anti-backsliding 

requirements that are specifically 

retained. EPA’s determination here is 

linked solely to required one-hour antibacksliding contingency measures. A 

final determination of failure to attain 

will not result in reclassification of the 

area under the revoked one-hour 

standard, nor is EPA identifying or 

determining any new one-hour 

reclassification for the area. EPA is no 

longer required to reclassify an area to 

a higher classification for the one-hour 

ozone NAAQS based upon a 

determination that the area failed to 

attain that NAAQS by its attainment 

date. See 40 CFR 51.905(e)(2)(i)(B). 

Thus, even if we finalize our proposed 

determination that the area failed to 

attain the one-hour ozone NAAQS by its 

attainment deadline, the area will not be 

reclassified to a higher classification. 

Moreover, EPA has previously approved 

the attainment demonstration and 

Reasonable Further Progress (RFP) plans 

for this area, and in doing so noted that 

although there were no approved state 

implementation plan contingency 

measures applicable to the Western 

Massachusetts area for failure to attain, 

there were federal measures which the 

state had not accounted for in its 

attainment demonstration, and which 

provided more reductions than 

necessary to serve the purpose of 

contingency measures for this area. See 

66 FR 666, January 3, 2001. In addition, 

as explained elsewhere in this notice, 

EPA is proposing to determine that the 

Western Massachusetts area is currently 

attaining the one-hour ozone standard. 

The area has been in attainment of the 

revoked standard since 2009. In this 

context, even if EPA’s proposed 

determination that the area did not 

attain the standard by the 2003 deadline 

is finalized, it will not trigger any 

additional obligations for the area under 

the one-hour ozone standard. Under 

EPA’s ‘‘Clean Data Policy’’ 

interpretation, which was first 

articulated for the one-hour standard 

and then codified for the 8-hour ozone 

standard (40 CFR 51.918),2 a 

determination of attainment suspends 

obligations for attainment-related 

requirements for that standard, 

including contingency measures. See, 

for example, determination of one-hour 

ozone attainment for Baton Rouge, 75 

FR 6570 (February 10, 2010). 

III. What are EPA’s analyses of data for 

purposes of determining attainment of 

the one-hour ozone standard? 

A. How does EPA compute whether an 

area meets the one-hour ozone 

standard? 

Although the one-hour ozone NAAQS 

as promulgated in 40 CFR 50.9 does not 

address specific data handling 

conventions, EPA’s publicly articulated 

position and the approach long since 

universally adopted by the air quality 

management community is that the 

interpretation of the one-hour ozone 

standard requires rounding ambient air 

quality data consistent with the stated 

level of the standard, which is 0.12 parts 

per million (ppm). 40 CFR 50.9(a) states 

that: ‘‘The level of the national one-hour 

primary and secondary ambient air 

quality standards for ozone * * * is 

0.12 parts per million. * * * The 

standard is attained when the expected 

number of days per calendar year with 

maximum hourly average 

concentrations of 0.12 parts per million 

* * * is equal to or less than 1, as 

determined by appendix H to this part.’’ 

Thus, compliance with the NAAQS is 

based on comparison of air quality 

concentrations with the standard and on 

how many days that standard has been 

exceeded, adjusted for the number of 

missing days. 

For comparison with the NAAQS, 

EPA has clearly communicated the data 

handling conventions for the one-hour 

ozone NAAQS in guidance documents. 


srobinson on DSK4SPTVN1PROD with PROPOSALS
3420 Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Proposed Rules 

3Site shutdown in 2002. No expected exceedance 

rate calculated for 2001–2003. 

As early as 1979, EPA’s guidance stated 

that the level of our NAAQS dictates the 

number of significant figures to be used 

in determining whether the standard 

was exceeded. The stated level of the 

standard defines the number of 

significant figures to be used in 

comparisons with the standard. For 

example, a standard level of 0.12 ppm 

means that measurements are to be 

rounded to two decimal places (0.005 

rounds up), and, therefore, 0.125 ppm is 

the smallest concentration value in 

excess of the level of the standard. See 

‘‘Guideline for the Interpretation of 

Ozone Air Quality Standards,’’ EPA– 

450/4–79–003, OAQPS No. 1.2–108, 

January 1979. EPA has consistently 

applied the rounding convention in this 

1979 guideline. See 68 FR 19111, April 

17, 2003; 68 FR 62043, October 31, 

2003; and 69 FR 21719, April 22, 2004. 

EPA determines attainment status under 

the one-hour ozone NAAQS on the basis 

of the annual average number of 

expected exceedances of the NAAQS 

over a three-year period. See 60 FR 

3349, January 17, 1995 and also the 

‘‘General Preamble for the 

Implementation of Title I of the Clean 

Air Act Amendments of 1990,’’ at 57 FR 

13506, April 16, 1992 (‘‘General 

Preamble’’). EPA’s determination is 

based upon data that have been 

collected and quality-assured in 

accordance with 40 CFR 58, and 

recorded in EPA’s Air Quality System 

(AQS) database. To account for missing 

data, the procedures found in appendix 

H to 40 CFR 50 are used to adjust the 

actual number of monitored 

exceedances of the standard to yield the 

annual number of expected exceedances 

(‘‘expected exceedance days’’) at an air 

quality monitoring site. We determine if 

an area meets the one-hour ozone 

NAAQS by calculating, at each monitor, 

the average expected number of days 

over the standard per year (i.e., ‘‘average 

number of expected exceedance days’’) 

during the applicable 3-year period. See 

the General Preamble, 57 FR 13498, 

April 16, 1992. The term ‘‘exceedance’’ 

is used throughout this document to 

describe a daily maximum ozone 

measurement that is equal to or exceeds 

0.125 ppm which is the level of the onehour standard after rounding. An area 

violates the ozone standard if, over a 

consecutive 3-year period, more than 3 

days of expected exceedances occur at 

the same monitor. For more information 

please refer to 40 CFR 50.9, ‘‘National 

one-hour primary and secondary 

ambient air quality standards for ozone’’ 

and ‘‘Interpretation of the one-hour 

Primary and Secondary National 

Ambient Air Quality Standards for 

Ozone’’ (40 CFR part 50, appendix H). 

B. EPA’s Analyses of the One-Hour 

Ozone Data for the Springfield (Western 

Massachusetts) Area 

Tables 1, 2 and 3 show one-hour 

ozone data for the Western 

Massachusetts area, for each of the 

three-year periods 2001–2003, 2007– 

2009, and 2008–2010. The tables show 

the actual exceedance days, the 

expected exceedance days, and the 

3-year average expected exceedance rate 

for each monitor in the Western 

Massachusetts area. The standard for the 

one-hour ozone NAAQS is 0.12 ppm 

and attainment is achieved when the 

number of expected exceedances is 1.0 

or less averaged over a three-year 

period. EPA calculates the expected 

exceedances based on the number of 

times a site exceeds the 0.12 ppm 

standard averaged over a three-year 

period and then adjusts for missing 

data. In short, if the three-year average 

expected exceedances rate is less than 

or equal to 1.0, the site meets the onehour ozone NAAQS. If all sites in the 

area meet the one-hour ozone standard, 

then the area meets the one-hour 

NAAQS during that time period. 

TABLE 1—ONE-HOUR OZONE DATA FOR THE WESTERN MASSACHUSETTS AREA

[2001–2003] 

EPA AQS ID Site Year 

Actual 

exceedance days 

over 0.124 ppm 

Expected 

exceedance days 

3-Year average 

expected 

exceedance rate 

250034002 ................................ Adams ....................................... 2001 0 0.0 0.0 

2002 0 0.0 ............................

2003 0 0.0 ............................

250130003 ................................ Agawam 3 .................................. 2001 0 0.0 ............................

2002 2 2.0 ............................

2003 ............................ ............................ ............................

250130008 ................................ Chicopee ................................... 2001 2 2.0 2.0 

2002 4 4.0 ............................

2003 0 0.0 ............................

250150103 ................................ N. Amherst ................................ 2001 1 1.0 0.7 

2002 1 1.0 ............................

2003 0 0.0 ............................

250154002 ................................ Ware ......................................... 2001 2 2.0 1.3 

2002 2 2.0 ............................

2003 0 0.0 ............................

TABLE 2—ONE-HOUR OZONE DATA FOR THE WESTERN MASSACHUSETTS AREA

[2007–2009] 

EPA AQS ID Site Year 

Actual 

exceedance days 

over 0.124 ppm 

Expected 

exceedance days 

3-Year average 

expected 

exceedance rate 

250034002 ................................ Adams ....................................... 2007 0 0.0 0.0 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Proposed Rules 3421 

4For the reasons set forth above, a final 

determination that the Western Massachusetts onehour ozone nonattainment area did not meet its 

applicable one-hour ozone attainment deadline will 

not result in reclassification of the area for the onehour standard, nor in any additional air quality 

obligations for the area. 

TABLE 2—ONE-HOUR OZONE DATA FOR THE WESTERN MASSACHUSETTS AREA—Continued 

[2007–2009] 

EPA AQS ID Site Year 

Actual 

exceedance days 

over 0.124 ppm 

Expected 

exceedance days 

3-Year average 

expected 

exceedance rate 

2008 0 0.0 ............................

2009 0 0.0 ............................

250130008 ................................ Chicopee ................................... 2007 3 3.0 1.0 

2008 0 0.0 ............................

2009 0 0.0 ............................

250150103 ................................ N. Amherst ................................ 2007 0 0.0 0.0 

2008 0 0.0 ............................

2009 0 0.0 ............................

250154002 ................................ Ware ......................................... 2007 2 2.1 0.7 

2008 0 0.0 ............................

2009 0 0.0 ............................

TABLE 3—ONE-HOUR OZONE DATA FOR THE WESTERN MASSACHUSETTS AREA

[2008–2010] 

EPA AQS ID Site Year 

Actual 

exceedance days 

over 0.124 ppm 

Expected 

exceedance days 

3-Year average 

expected 

exceedance rate 

250034002 ................................ Adams ....................................... 2008 0 0.0 0.0 

2009 0 0.0 ............................

2010 0 0.0 ............................

250130008 ................................ Chicopee ................................... 2008 0 0.0 0.0 

2009 0 0.0 ............................

2010 0 0.0 ............................

250150103 ................................ N. Amherst ................................ 2008 0 0.0 0.0 

2009 0 0.0 ............................

2010 0 0.0 ............................

250154002 ................................ Ware ......................................... 2008 0 0.0 0.0 

2009 0 0.0 ............................

2010 0 0.0 ............................

EPA has reviewed and evaluated 

these data in order to make two separate 

proposed determinations. First, EPA 

addresses whether the Western 

Massachusetts area attained the onehour ozone standard by the applicable 

attainment date. As shown in Table 1, 

the Western Massachusetts one-hour 

ozone nonattainment area did not meet 

its attainment deadline of December 31, 

2003, since two ozone monitors in the 

area had expected exceedance rates 

above 1.0. However, as Table 2 shows, 

the area subsequently attained the onehour ozone standard based on 2007– 

2009 ozone data, and the area continues 

to meet the one-hour standard based on 

complete, quality- assured and certified 

data for 2008–2010 (Table 3). 

Preliminary ozone data available for 

2011 show that the area continues in 

attainment of the one-hour ozone 

standard. Thus, EPA is also proposing to 

determine that based on complete, 

quality-assured and certified ozone 

monitoring data, the Western 

Massachusetts area has attained and 

continues to attain the one-hour ozone 

NAAQS. 

IV. Proposed Determinations 

For the reasons set forth in this notice, 

EPA is proposing to determine that the 

Western Massachusetts one-hour ozone 

nonattainment area did not meet its 

applicable one-hour ozone attainment 

date of December 31, 2003, based on 

complete, quality-assured and certified 

ozone monitoring data for 2001–2003.4

Separate from and independent of this 

proposed determination, EPA is also 

proposing to determine that the Western 

Massachusetts one-hour ozone 

nonattainment area is currently 

attaining the one-hour ozone standard, 

based on, complete, quality-assured and 

certified ozone monitoring data for the 

2007–2009 and 2008–2010 monitoring 

periods. Preliminary data available for 

2011 indicate that the area continues to 

attain the one-hour NAAQS. If EPA 

finalizes its proposed determination that 

the Western Massachusetts area is 

currently attaining the one-hour ozone 

standard, any obligation to submit 

contingency measures for the one-hour 

ozone standard shall be suspended. 

EPA is soliciting public comments on 

the issues discussed in this notice or on 

other relevant matters. These comments 

will be considered before taking final 

action. Interested parties may 

participate in the Federal rulemaking 

process by submitting written comments 

to the EPA New England Regional Office 

listed in the ADDRESSES section of this 

Federal Register. 

V. Statutory and Executive Order 

Reviews 

These actions propose to make 

determinations of attainment or 

nonattainment based on monitored air 

quality data and do not impose 

additional requirements beyond those 

imposed by statute or regulation. For 

that reason, these proposed actions: 

• Are not ‘‘significant regulatory 

actions’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 


srobinson on DSK4SPTVN1PROD with PROPOSALS
3422 Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Proposed Rules 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Do not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Do not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, these actions do not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: January 11, 2012. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2012–1356 Filed 1–23–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2011–0848; FRL–9620–7] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; State of West 

Virginia; Control of Emissions From 

Existing Hospital/Medical/Infectious 

Waste Incinerator Units, Plan Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve a 

revision to the West Virginia hospital/ 

medical/infectious waste incinerator 

(HMIWI) Section 111(d)/129 plan (the 

‘‘plan’’). The revision contains a 

modified state rule for solid waste 

combustion that was updated as a result 

of the October 6, 2009 amendments to 

federal Emission Guidelines (EG) and 

New Source Performance Standards 

(NSPS), 40 CFR part 60, subparts Ce and 

Ec respectively. This revision and 

approval action relate only to HMIWI 

units. In the Final Rules section of this 

Federal Register, EPA is approving the 

State of West Virginia’s HMIWI plan 

revision submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

action and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

DATES: Comments must be received in 

writing by February 23, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0848 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: cox.kathleen@epa.gov. 

C. Mail: EPA–R03–OAR–2011–0848, 

Kathleen Cox, Associate Director, Office 

of Air Permits and Toxics, Mailcode 

3AP10, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2011– 

0848. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. 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 in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the West Virginia Division 

of Air Quality, 601 57th Street SE., 

Charleston, West Virginia 25304. 


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