27908 Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Rules and Regulations 

EPA-APPROVED INDIANA REGULATIONS—Continued 

Indiana 

citation Subject Indiana effective date EPA approval date Notes 

1–6–2 ............... Records; notice of malfunction ............................................... 3/15/1984 5/3/1990, 55 FR 18604. 

1–6–3 ............... Preventive maintenance plans ............................................... 3/15/1984 5/3/1990, 55 FR 18604.

1–6–4 ............... Conditions under which malfunction not considered violation 3/15/1984 5/3/1990, 55 FR 18604. 

1–6–5 ............... Excessive malfunctions; department actions ......................... 3/15/1984 5/3/1990, 55 FR 18604. 

1–6–6 ............... Malfunction emission reduction program ............................... 3/15/1984 5/3/1990, 55 FR 18604. 

Rule 7. Stack Height Provisions 

1–7–1 ............... Applicability ............................................................................. 8/27/1980 3/12/1982, 47 FR 10824. 

1–7–3 ............... Actual stack height provisions ................................................ 8/27/1980 3/12/1982, 47 FR 10824. 

1–7–5 ............... Exemptions; limitations ........................................................... 8/27/1980 3/12/1982, 47 FR 10824. 

*******

* * * * * 

[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 

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 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 

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Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Rules and Regulations 27909 

1On 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. 

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. 

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, 

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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. 

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] 

■ 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 52.1132 is amended by 

adding paragraph (e) to read as follows: 

§ 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2009–0669; FRL–8871–5] 

RIN 2070–AB27 

Modification of the Significant New 

Uses of 2-Propen-1-one, 1-(4- 

morpholinyl)- 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: 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 http://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 

http://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, 

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-(4- 

morpholinyl)-(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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