36404 Federal Register / Vol. 77, No. 118 / Tuesday, June 19, 2012 / Rules and Regulations 

1The data capture for the Adams ozone monitor 

for 2011 was below EPA data capture requirements 

for the 1997 8-hour ozone NAAQS. In addition the 

3-year period between 2009 and 2011 had low data 

capture. The Adams monitor is a mountain top 

monitor and the road to the site was not accessible 

until early May in both 2010 and 2011, due to snow 

and ice. The Massachusetts Department of 

Environmental Protection recently performed a 

missing data analysis for this site in accordance 

with the regulatory requirements of 40 CFR Part 50, 

Appendix I, for both 2010 and 2011. The 

Massachusetts missing data analysis used a 

combination of meteorology and air quality data for 

ozone monitors near the Adams site for the missing 

days to decisively conclude that on the days with 

missing ozone data, the ozone levels, if captured, 

would have been below both the 1997 8-hour ozone 

NAAQS and the 2008 8-hour ozone NAAQS. Thus, 

by rule, these days can be counted for the purpose 

of meeting the data completeness requirement. The 

missing data analysis for this site was approved by 

EPA on April 27, 2012. The approval letter is in the 

Docket for this action. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2011–0960; FRL–9688–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Massachusetts; Determination of 

Attainment of the 1997 Ozone Standard 

for the Western Massachusetts 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is making two 

separate and independent 

determinations. First, EPA is making a 

final determination that the Springfield 

(Western Massachusetts) moderate 1997 

8-hour ozone nonattainment area has 

attained the 1997 8-hour National 

Ambient Air Quality Standard (NAAQS) 

for ozone. This determination is based 

upon complete, quality-assured, 

certified ambient air monitoring data 

that show the area has monitored 

attainment of the 1997 8-hour ozone 

NAAQS for the 2007–2009 and 2008– 

2010 monitoring periods. In addition, 

complete, quality-assured, certified 

ambient air monitoring data for 2011 

indicate that the area continues to attain 

the standard. Under the provisions of 

EPA’s ozone implementation rule, the 

requirements for this area to submit an 

attainment demonstration, a reasonable 

further progress plan, contingency 

measures, and other planning State 

Implementation Plans related to 

attainment of the 1997 8-hour ozone 

NAAQS shall be suspended for so long 

as the area continues to attain the 1997 

ozone NAAQS. In addition, EPA is 

determining that this area attained the 

1997 ozone NAAQS as of June 15, 2010, 

its applicable attainment date. 

DATES: Effective Date: This rule is 

effective on July 19, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2011–0960. All documents in the docket 

are listed on the 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 

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. 

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 actions is EPA taking? 

II. What is the background for these actions? 

III. What is the effect of these actions? 

IV. Final Actions 

V. Statutory and Executive Order Reviews 

I. What actions is EPA taking? 

EPA is making two separate and 

independent determinations. First, EPA 

is determining that the Springfield 

(Western Massachusetts) moderate 

8-hour ozone nonattainment area has 

attained the 1997 8-hour ozone National 

Ambient Air Quality Standard 

(NAAQS). This determination is based 

upon complete, quality-assured and 

certified ambient air monitoring data 

that show the area has monitored 

attainment of the 1997 ozone NAAQS 

for the 2007–2009 and 2008–2010 

monitoring periods. In addition, 

complete, quality-assured, certified 

ambient air monitoring data for 2011 1

indicate that the area continues to attain 

the standard. Second, EPA is 

determining, under section 181(b)(2)(A) 

of the Clean Air Act (CAA), that this 

area attained the 1997 8-hour ozone 

NAAQS by its applicable attainment 

date (June 15, 2010). 

II. What is the background for these 

actions? 

On January 23, 2012 (77 FR 3220), 

EPA published in the Federal Register 

a Notice of Proposed Rulemaking (NPR) 

proposing the determinations that are 

the subject of this final rulemaking 

action. The rationale and bases for 

EPA’s actions are set forth in the 

January 23, 2012 NPR, and need not be 

restated here. EPA received no 

comments on the NPR. 

III. What is the effect of these actions? 

Under the provisions of EPA’s ozone 

implementation rule (see 40 CFR 

Section 51.918), a determination that 

the area is attaining the standard 

suspends the requirements for the 

Western Massachusetts moderate ozone 

nonattainment area to submit an 

attainment demonstration, a reasonable 

further progress plan, section 172(c)(9) 

contingency measures, and any other 

planning State Implementation Plans 

(SIPs) related to attainment of the 1997 

8-hour ozone NAAQS for so long as the 

area continues to attain the 1997 ozone 

NAAQS. 

This action does not constitute a 

redesignation to attainment under CAA 

section 107(d)(3), because EPA has not 

yet approved a maintenance plan for the 

area, as required under section 175A of 

the CAA, nor made a determination that 

the area has met the other requirements 

for redesignation. The classification and 

designation status of the area remains 

moderate nonattainment for the 1997 8- 

hour ozone NAAQS until such time as 

EPA determines that it meets the CAA 

requirements for redesignation to 

attainment. If EPA subsequently 

determines, after notice-and-comment 

rulemaking in the Federal Register, that 

the area has violated the 1997 8-hour 

ozone standard, the basis for the 

suspension of these requirements would 

no longer exist, and the area would 

thereafter have to address the pertinent 

requirements. In addition, in accordance 

with CAA section 181(b)(2)(A), EPA is 

determining that the Western 

Massachusetts 1997 8-hour ozone 

nonattainment area attained the 1997 

ozone NAAQS by its applicable 

attainment date of June 15, 2010. The 


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Federal Register / Vol. 77, No. 118 / Tuesday, June 19, 2012 / Rules and Regulations 36405 

effect of this determination of 

attainment by the area’s attainment date 

is to discharge EPA’s obligation under 

section 181(b)(2)(A), and to establish 

that, in accordance with that section, 

the area will not be reclassified for 

failure to attain by its applicable 

attainment date. 

IV. Final Actions 

EPA is making two separate and 

independent determinations. First, EPA 

is determining that the Western 

Massachusetts 8-hour ozone 

nonattainment area has attained the 

1997 8-hour ozone standard based on 

complete, quality-assured and certified 

ozone monitoring data from 2007–2009 

and from 2008–2010. In addition, 

complete, quality-assured, certified 

ambient air monitoring data for 2011 

indicate the area continues to attain the 

standard. As provided in 40 CFR 51.918, 

this determination suspends the 

requirements for Massachusetts to 

submit an attainment demonstration, a 

reasonable further progress plan, 

contingency measures under section 

172(c)(9), and any other planning SIP 

related to attainment of the 1997 8-hour 

ozone NAAQS for this area, for so long 

as the area continues to attain the 1997 

ozone standard. Furthermore, pursuant 

to CAA section 181(b)(2)(A) EPA is 

determining that the Western 

Massachusetts 8-hour ozone 

nonattainment area attained the 1997 

8-hour ozone NAAQS by its applicable 

attainment date (June 15, 2010). 

IV. Statutory and Executive Order 

Reviews 

These actions make determinations of 

attainment based on air quality, result in 

the suspension of certain Federal 

requirements, and/or would not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

these 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 

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. 

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 these actions 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 August 20, 2012. 

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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: June 6, 2012. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

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 52.1129 is amended by 

adding paragraph (h) to read as follows: 

§ 52.1129 Control strategy: Ozone. 

* * * * * 

(h) Determinations of Attainment: 

Effective July 19, 2012. 

(1) Determination of Attainment. EPA 

is determining that the Springfield 

(Western Massachusetts) 8-hour ozone 

nonattainment area has attained the 

1997 8-hour ozone standard. Under the 

provisions of EPA’s ozone 

implementation rule (see 40 CFR 

51.918), this determination suspends 

the reasonable further progress and 

attainment demonstration requirements 

of section 182(b)(1) and related 

requirements of section 172(c)(9) of the 

Clean Air Act for as long as the area 

continues to attain the 1997 8-hour 

ozone standard. If EPA determines, after 

notice-and comment rulemaking, that 

the Western Massachusetts area no 

longer meets the 1997 ozone NAAQS, 

this determination shall be withdrawn. 

(2) Determination of Attainment by 

the Area’s Attainment Date. EPA has 

determined that the Springfield 

(Western Massachusetts) 8-hour ozone 

nonattainment area met the applicable 

June 15, 2010 attainment deadline for 

the 1997 8-hour ozone standard. 

[FR Doc. 2012–14719 Filed 6–18–12; 8:45 am] 

BILLING CODE 6560–50–P 


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