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[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]

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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.

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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 http://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 http://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).
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    \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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    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]
BILLING CODE 6560-50-P
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