2918 Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Rules and Regulations

afford the public an opportunity to

participate in the rulemaking process.

Accordingly, interested persons may

submit written comments regarding this

final rule to the address noted at the

beginning of this rulemaking.

Drafting Information

The primary authors of this regulation

are Tony Sisto, Superintendent, Fort

Vancouver NHS; Dennis Burnett,

Washington Office of Ranger Activities,

NPS; and Michael Tiernan, Division of

Conservation and Wildlife, Office of the

Solicitor, Department of the Interior,

Washington, D.C.

Paperwork Reduction Act

This rulemaking does not contain

collections of information requiring

approval by the Office of Management

and Budget under 44 U.S.C. 3501, et

seq.

Compliance With Other Laws

This rule was not subject to Office of

Management and Budget review under

Executive Order 12866. The Department

of the Interior determined that this

document will not have a significant

economic effect on a substantial number

of small entities under the Regulatory

Flexibility Act (5 USC 601 et seq.). The

economic effects of this rulemaking are

local in nature and negligible in scope.

The NPS has determined that this

proposed rulemaking will not have a

significant effect on the quality of the

human environment, health and safety

because it is not expected to:

(a) increase public use to the extent of

compromising the nature and character of the

area or causing physical damage to it;

(b) Introduce incompatible uses which

compromise the nature and character of the

area or causing physical damage to it;

(c) Conflict with adjacent ownerships or

land uses; or

(d) Cause a nuisance to adjacent owners or

occupants.

Based on this determination, this

regulation is categorically excluded

from the procedural requirements of the

National Environmental Policy Act

(NEPA) by Departmental guidelines in

516 DM 6 (49 FR 21438). As such,

neither an Environmental Assessment

(EA) nor an Environmental Impact

Statement (EIS) has been prepared.

List of Subjects in 36 CFR Part 1

National parks, Penalties, Reporting

and recordkeeping requirements.

In consideration of the foregoing, 36

CFR Chapter I is amended as follows:

PART 1—GENERAL PROVISIONS

1. The authority citation for part 1

continues to read as follows:

Authority: 16 U.S.C. 1, 3, 460 1–6a(e),

469(k); D.C. Code 8–137, 40–721 (1981).

2. Section 1.3 is revised to read as

follows:

§ 1.3 Penalties

(a) A person convicted of violating a

provision of the regulations contained

in Parts 1 through 7, 12 and 13 of this

chapter, within a park area not covered

in paragraphs (b) or (c) of this section,

shall be punished by a fine as provided

by law, or by imprisonment not

exceeding 6 months, or both, and shall

be adjudged to pay all costs of the

proceedings.

(b) A person who knowingly and willfully violates any provision of the

regulations contained in parts 1 through

5, 7 and 12 of this chapter, within any

national military park, battlefield site,

national monument, or miscellaneous

memorial transferred to the jurisdiction

of the Secretary of the Interior from that

of the Secretary of War by Executive

Order No. 6166, June 10, 1933, and

enumerated in Executive Order No.

6228, July 28, 1933, shall be punished

by a fine as provided by law, or by

imprisonment for not more than 3

months, or by both.

Note: These park areas are enumerated in

a note under 5 U.S.C. 901.

(c) A person convicted of violating

any provision of the regulations

contained in parts 1 through 7 of this

chapter, within a park area established

pursuant to the Act of August 21, 1935,

49 Stat. 666, shall be punished by a fine

as provided by law and shall be

adjudged to pay all costs of the

proceedings. 16 U.S.C. 462.

(d) Notwithstanding the provisions of

paragraphs (a), (b) and (c) of this

section, a person convicted of violating

§ 2.23 of this chapter shall be punished

by a fine as provided by law. 16 U.S.C.

460.

Dated: October 20, 1995.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 96–1748 Filed 1–29–96; 8:45 am]

BILLING CODE 4310–70–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[FRL–5321–4]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes; State of Massachusetts;

Change in National Policy Regarding

Applicability of Conformity

Requirements to Redesignation

Requests

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On December 12, 1994, the

Massachusetts Department of

Environmental Protection (MA DEP)

submitted a request to redesignate the

Boston metropolitan area, including the

communities of Boston, Cambridge,

Chelsea, Everett, Malden, Medford,

Quincy, Revere, and Somerville, from

nonattainment to attainment for carbon

monoxide (CO). Under the Clean Air

Act as amended in 1990 (CAA),

designations can be revised if sufficient

data is available to warrant such

revisions. In this action, EPA is

approving the Massachusetts request

because it meets the redesignation

requirements set forth in the CAA.

In addition, EPA is approving two

related State Implementation Plan (SIP)

submissions by Massachusetts DEP. On

November 15, 1993, Massachusetts DEP

submitted a final 1990 base year

emission inventory for CO emissions,

which includes emissions data for all

sources of CO in Massachusetts’ CO

nonattainment areas, as well as CO

emissions for the entire state. On

October 29, 1993, Massachusetts DEP

submitted an oxygenated gasoline

program for the Boston consolidated

metropolitan statistical area (CMSA). In

this action, EPA is approving the CO

emissions inventory and oxygenated

fuels SIP submissions.

DATES: This final rule will be effective

April 1, 1996 unless critical or adverse

comments are received by February 29,

1996. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Written comments should

be sent to Susan Studlien, Acting

Director of the Air, Pesticides and

Toxics Management Division, at the

EPA Regional Office listed below.

Copies of the redesignation request and

the State of Massachusetts’ submittal are

available for public review during

normal business hours at the addresses

listed below.
Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Rules and Regulations 2919

Air and Radiation Docket and

Information Center, U.S. Environmental

Protection Agency, 401 M Street, SW.,

Washington, DC 20460, and;

Environmental Protection Agency, One

Congress Street, Boston, MA 02203.

FOR FURTHER INFORMATION CONTACT:

Wing Chau of the EPA Region I Air,

Pesticides and Toxics Management

Division at (617) 565–3570.

SUPPLEMENTARY INFORMATION:

I. Background

In a March 15, 1991 letter to the EPA

Region I Administrator, the Governor of

Massachusetts recommended the Boston

metropolitan area, which covers the

nine surrounding cities (the ‘‘Boston

area’’), be designated as nonattainment

for CO as required by section

107(d)(1)(A) of the 1990 Clean Air Act

Amendments (CAA) (Public Law 101–

549, 104 Stat. 2399, codified at 42

U.S.C. 7401–7671q). The area was

designated nonattainment and classified

as ‘‘moderate’’ under the provisions

outlined in sections 186 and 187 of the

CAA. (See 56 FR 56694 (Nov. 6, 1991)

and 57 FR 56762 (Nov. 30, 1992),

codified at 40 CFR part 81, § 81.322.)

Because the area had a design value of

9.8 ppm (based on 1986 data), the area

was considered moderate. The CAA

established an attainment date of

December 31, 1995, for all moderate CO

areas. The Boston area has ambient

monitoring data showing attainment of

the CO NAAQS, since 1988. Therefore,

in an effort to comply with the CAA and

to ensure continued attainment of the

NAAQS, on December 12, 1994 the

State of Massachusetts submitted a CO

redesignation request and a

maintenance plan for the Boston area.

Massachusetts submitted evidence that

public hearings were held on September

29, 1994 in Springfield and on

September 30, 1994 in Boston.

II. Evaluation Criteria

Section 107(d)(3)(E) of the 1990 Clean

Air Act Amendments provides five

specific requirements that an area must

meet in order to be redesignated from

nonattainment to attainment.

1. The area must have attained the

applicable NAAQS;

2. The area must have a fully

approved SIP under section 110(k) of

CAA;

3. The air quality improvement must

be permanent and enforceable;

4. The area must have a fully

approved maintenance plan pursuant to

section 175A of the CAA;

5. The area must meet all applicable

requirements under section 110 and Part

D of the CAA.

III. Review of State Submittal

On January 17, 1995, EPA-New

England determined that the

information received from the MA DEP

constituted a complete redesignation

request under the general completeness

criteria of 40 CFR part 51, appendix V,

§§ 2.1 and 2.2.

The Massachusetts redesignation

request for the Boston area meets the

five requirements of section

107(d)(3)(E), noted above. The following

is a brief description of how the State

has fulfilled each of these requirements.

1. Attainment of the CO NAAQS

Massachusetts has quality-assured CO

ambient air monitoring data showing

that the Boston area has met the CO

NAAQS. The Massachusetts request is

based on an analysis of quality-assured

CO air monitoring data which is

relevant to the maintenance plan and to

the redesignation request. To attain the

CO NAAQS, an area must have

complete quality-assured data showing

no more than one exceedance of the

standard per year over at least two

consecutive years. The ambient air CO

monitoring data for calendar year 1988

through calendar year 1993, relied upon

by Massachusetts in its redesignation

request, shows no violations of the CO

NAAQS in the Boston area. The most

recent ambient CO data shows no

exceedances in the calendar years 1994

and 1995. Because the area has

complete quality assured data showing

no more than one exceedance of the

standard per year over at least two

consecutive years (1991 and 1992), the

area has met the first statutory criterion

of attainment of the CO NAAQS (40 CFR

50.9 and appendix C). Massachusetts

has committed to continue monitoring

in this area in accordance with 40 CFR

part 58.

2. Fully Approved SIP Under Section

110(k) of the CAA

Massachusetts’s CO SIP is fully

approved by EPA as meeting all the

requirements of Section 110(a)(2)(I) of

the Act, including the requirements of

Part D (relating to nonattainment),

which were due prior to the date of

Massachusetts’ redesignation request.

Massachusetts’ 1982 CO SIP was fully

approved by EPA in 1983 as meeting the

CO SIP requirements in effect under the

CAA at that time. The 1990 CAAA

required that nonattainment areas

achieve specific new requirements

depending on the severity of the

nonattainment classification.

Requirements for the Boston area

include the preparation of a 1990

emission inventory with periodic

updates, adoption of an oxygenated

fuels program, the development of

contingency measures, and

development of conformity procedures.

Each of these requirements added by the

1990 Amendments to the CAA are

discussed in greater detail below.

Consistent with the October 14, 1994

EPA guidance from Mary D. Nichols

entitled ‘‘Part D New Source Review

(Part D NSR) Requirements for Areas

Requesting Redesignation to

Attainment,’’ EPA is not requiring full

approval of a Part D NSR program by

Massachusetts as a prerequisite to

redesignation to attainment. Under this

guidance, nonattainment areas may be

redesignated to attainment

notwithstanding the lack of a fullyapproved Part D NSR program, so long

as the program is not relied upon for

maintenance. Massachusetts has not

relied on a NSR program for CO sources

to maintain attainment. Although EPA

is not treating a Part D NSR program as

a prerequisite for redesignation, it

should be noted that EPA is in the

process of taking final action on the

State’s revised NSR regulation, which

includes requirements for CO

nonattainment areas. Because the

Boston area is being redesignated to

attainment by this action,

Massachusetts’ Prevention of Significant

Deterioration (PSD) requirements will

be applicable to new or modified

sources in the Boston area.

A. Emission Inventory

Massachusetts submitted its base year

inventory to EPA on November 15,

1993, which included estimates for CO

at the statewide, county and CO

nonattainment city/town levels, as

required under Section 187(a)(1) of the

CAA. EPA is approving the CO portion

of the Massachusetts Base Year emission

inventory with this redesignation

request.

Section 172(c)(3) of the CAA requires

that nonattainment plan provisions

include a comprehensive, accurate, and

current inventory of actual emissions

from all sources of relevant pollutants in

the nonattainment area. Massachusetts

included the requisite inventory in the

CO SIP. The base year for the inventory

was 1990, using a three month CO

season of November 1990 through

January 1991. Stationary point sources,

stationary area sources, on-road mobile

sources, and nonroad mobile sources of

CO were included in the inventory.

Stationary sources with emissions of

greater than 100 tons per year were also

included in the inventory.

The following list presents a summary

of the CO peak season daily emissions

estimates in tons per winter day by
2920 Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Rules and Regulations

source category: Point Sources, 32.77

tons per day; Area Sources, 711.95 tons

per day; Mobile On-Road Sources,

3,387.69 tons per day; Mobile Nonroad

Sources, 109.36 tons per day; Total

Sources, 4,241.77 tons per day.

Available guidance for preparing

emission inventories is provided in the

General Preamble (57 FR 13498, April

16, 1992).

Section 110(k) of the CAA sets out

provisions governing the EPA’s review

of base year emission inventory

submittals in order to determine

approval or disapproval under section

187(a)(1). The EPA is granting approval

of the Massachusetts 1990 base year CO

emissions inventory submitted on

November 15, 1993, based on the EPA’s

technical review of the CO inventory.

For further details, the reader is referred

to the Technical Support Document,

which is available for review at the

addresses provided above.

B. Oxygenated Gasoline

Motor vehicles are significant

contributors of CO emissions. An

important measure toward reducing

these emissions is the use of cleanerburning oxygenated gasoline. Extra

oxygen, contained within the oxygenate

in the fuel, enhances fuel combustion

and helps to offset fuel-rich operating

conditions, particularly during vehicle

starting, which are more prevalent in

the winter.

Section 211(m) of the CAA requires

that CO nonattainment areas, with a

design value of 9.5 parts per million

based on data for the 2-year period of

1988 and 1989, submit a SIP revision for

an oxygenated fuel program for such

area. The oxygenated fuel requirement

must apply to all fuel refiners or

marketers who sell or dispense gasoline

in the Metropolitan Statistical area

(MSA) or Consolidated Statistical Area

(CMSA) in which the nonattainment

area is located. The Boston area has a

design value above 9.5 parts per million

based on 1986 and 1987 data (1988 and

1989 data was not used due to

insufficient data at one of the CO

monitors) and consequently were

subject to the requirement to adopt an

oxygenated fuel program. Massachusetts

submitted an oxygenated fuel SIP

revision for the Boston CO

nonattainment area to EPA on October

29, 1993. As noted in Massachusetts’

redesignation request, the State intends

to relegate the oxygenated fuel program

to contingency status upon EPA’s

approval of Massachusetts’

redesignation request. As part of this

action, EPA is approving Massachusetts’

oxygenated fuel program for the Boston

CO area.

The oxygenated gasoline program is

one in which all oxygenated gasoline

must contain a minimum oxygen

content of 2.7 percent by weight of

oxygen. Under section 211(m)(4) of the

CAA, EPA also issued requirements for

the labeling of gasoline pumps used to

dispense oxygenated gasoline, as well as

guidelines on the establishment of an

appropriate control period. These

labeling requirements and control

period guidelines may be found in 57

FR 47849, dated October 20, 1992.

Massachusetts’ oxygenated gasoline

regulation requires the minimum 2.7

percent oxygen content in the Boston

CMSA. The regulation also contains the

necessary labeling regulations,

enforcement procedures, and oxygenate

test methods. For a more detailed

description of the manner in which

Massachusetts’ oxygenated fuels

program meets the requirements of

Section 211(m) of the CAA, the reader

is referred to the Technical Support

Document, which is available for review

at the addresses provided above.

As mentioned above, Massachusetts

has chosen to convert its oxygenated

fuels requirement in the Boston CMSA

to a contingency measure in its

maintenance plan upon redesignation.

Because Massachusetts attained the CO

standard based on data before the

oxygenated fuel program was

implemented in the Boston CMSA,

oxygenated gasoline was not necessary

to reach attainment. In its

demonstration of maintenance,

described below, the State has shown

that oxygenated gasoline in the Boston

CMSA is not necessary for continued

maintenance of the CO NAAQS.

Consequently, by this action, EPA is

both approving Massachusetts’

oxygenated fuels regulation and

simultaneously approving its use as a

contingency measure for the Boston

area.

C. Conformity

Under section 176(c) of the CAA,

states were required to submit revisions

to their SIPs that include criteria and

procedures to ensure that Federal

actions conform to the air quality

planning goals in the applicable SIPs.

The requirement to determine

conformity applies to transportation

plans, programs and projects developed,

funded or approved under Title 23

U.S.C. or the Federal Transit Act

(‘‘transportation conformity’’), as well as

all other Federal actions (‘‘general

conformity’’). Congress provided for the

State revisions to be submitted one year

after the date of promulgation of final

EPA conformity regulations.

EPA promulgated final transportation

conformity regulations on November 24,

1993 (58 FR 62188) and final general

conformity regulations on November 30,

1993 (58 FR 63214). These conformity

rules require that the States adopt both

transportation and general conformity

provisions in the SIP for areas

designated nonattainment or subject to

a maintenance plan approved under

CAA section 175A. Pursuant to § 51.396

of the transportation conformity rule,

the State of Massachusetts was required

to submit a SIP revision containing

transportation conformity criteria and

procedures consistent with those

established in the Federal rule by

November 25, 1994. Similarly, pursuant

to § 51.851 of the general conformity

rule, Massachusetts was required to

submit a SIP revision containing general

conformity criteria and procedures

consistent with those established in the

Federal rule by December 1, 1994.

Massachusetts submitted its

transportation conformity SIP revision

to EPA on December 30, 1994. This SIP

was determined to be administratively

and technically complete on March 16,

1995; however, this SIP has not been

fully approved by EPA. Massachusetts

has not submitted its general conformity

SIP revision.

Although this redesignation request

was submitted to EPA after the due

dates for the SIP revisions for

transportation conformity [58 FR 62188]

and general conformity [58 FR 63214]

rules , EPA believes it is reasonable to

interpret the conformity requirements as

not being applicable requirements for

purposes of evaluating the redesignation

request under section 107(d). The

rationale for this is based on a

combination of two factors. First, the

requirement to submit SIP revisions to

comply with the conformity provisions

of the Act continues to apply to areas

after redesignation to attainment.

Therefore, the State remains obligated to

adopt the transportation and general

conformity rules even after

redesignation and would risk sanctions

for failure to do so. While redesignation

of an area to attainment enables the area

to avoid further compliance with most

requirements of section 110 and part D,

since those requirements are linked to

the nonattainment status of an area, the

conformity requirements apply to both

nonattainment and maintenance areas.

Second, EPA’s federal conformity rules

require the performance of conformity

analyses in the absence of state-adopted

rules. Therefore, a delay in adopting

State rules does not relieve an area from

the obligation to implement conformity

requirements.
Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Rules and Regulations 2921

Because areas are subject to the

conformity requirements regardless of

whether they are redesignated to

attainment and must implement

conformity under Federal rules if State

rules are not yet adopted, EPA believes

it is reasonable to view these

requirements as not being applicable

requirements for purposes of evaluating

a redesignation request.

Therefore, with this notice, EPA is

modifying its national policy regarding

the interpretation of the provisions of

section 107(d)(3)(E) concerning the

applicable requirements for purposes of

reviewing a carbon monoxide

redesignation request.

Under this new policy, for the reasons

just discussed, EPA believes that the CO

redesignation request for the Boston

area may be approved notwithstanding

the lack of submitted and approved state

transportation and general conformity

rules.

3. Improvement in Air Quality Due to

Permanent and Enforceable Measures

EPA approved Massachusetts’ CO SIP

under the 1977 CAA. Emission

reductions achieved through the

implementation of control measures

contained in that SIP are enforceable.

These measures were: transportation

plan reviews, a basic Inspection and

Maintenance Program, right turn on red,

and the Federal Motor Vehicle Control

Program. As discussed above, the State

initially attained the NAAQS in 1988

with monitored attainment through the

1994–1995 CO season. This indicates

that the improvements are due to the

permanent and enforceable measures

contained in the 1982 CO SIP.

The State of Massachusetts has

demonstrated that actual enforceable

emission reductions are responsible for

the air quality improvement and that the

CO emissions in the base year are not

artificially low due to local economic

downturn. EPA finds that the

combination of certain existing EPAapproved SIP and federal measures

contribute to the permanence and

enforceability of reduction in ambient

CO levels that have allowed the area to

attain the NAAQS.

4. Fully Approved Maintenance Plan

Under Section 175A

Section 175A of the CAA sets forth

the elements of a maintenance plan for

areas seeking redesignation from

nonattainment to attainment.

The plan must demonstrate continued

attainment of the applicable NAAQS for

at least ten years after the Administrator

approves a redesignation to attainment.

Eight years after the redesignation, the

state must submit a revised maintenance

plan which demonstrates attainment for

the ten years following the initial tenyear period. To provide for the

possibility of future NAAQS violations,

the maintenance plan must contain

contingency measures, with a schedule

for implementation adequate to assure

prompt correction of any air quality

problems. In this notice, EPA is

approving the State of Massachusetts’

maintenance plan for the Boston area

because EPA finds that Massachusetts’

submittal meets the requirements of

section 175A.

A. Attainment Emission Inventory

As previously noted, on November 15,

1993, the State of Massachusetts

submitted a comprehensive inventory of

CO emissions for the Boston area. The

inventory includes emissions from area,

stationary, and mobile sources using

1990 as the base year for calculations.

The State submittal contains the

detailed inventory data and summaries

by county and source category. The

comprehensive base year emissions

inventory was submitted in the National

Emission Data System format. This

inventory was prepared in accordance

with EPA guidance.

Although the 1990 inventory can be

considered representative of attainment

conditions because the NAAQS was not

violated during 1990, Massachusetts

established CO emissions for the

attainment year, 1993, as well as four

forecast years out to the year 2010

(1995, 2000, 2005, and 2010) in their

redesignation request. These estimates

were derived from the State’s 1990

emissions inventory. The future

emission estimates are based on

assumptions about economic and

vehicle miles travelled growth. These

assumptions are documented in the

Massachusetts Growth Factors report

dated November 1993.

1990 CO BASE YEAR EMISSIONS INVENTORY BOSTON NONATTAINMENT AREA (TONS PER DAY)

Year Area Nonroad Mobile Point Total

1990 ..................................................................................................... 126.76 59.04 343.41 7.62 536.83

BOSTON NONATTAINMENT AREA CO EMISSIONS INVENTORY SUMMARY (TONS PER DAY)

Year Area Nonroad Mobile Point Total

1990 ..................................................................................................... 126.76 59.04 343.41 7.62 536.83

1993 ..................................................................................................... 128.32 59.823 305.43 7.96 501.53

1995 ..................................................................................................... 129.35 60.344 280.10 8.19 477.98

2000 ..................................................................................................... 131.20 62.995 147.56 8.87 350.625

2005 ..................................................................................................... 134.39 64.961 125.93 9.69 334.97

2010 ..................................................................................................... 137.93 66.695 121.75 10.05 336.425

B. Demonstration of MaintenanceProjected Inventories

Total CO emissions were projected

from 1990 base year out to 2010. These

projected inventories were prepared in

accordance with EPA guidance.

Massachusetts will not implement the

Oxygenated Fuel program in the Boston

CMSA unless a violation is measured.

The projections show that calculated CO

emissions, assuming no oxygenated

fuels program, are not expected to

exceed the level of the base year

inventory during this time period.

Therefore, it is anticipated that the

Boston area will maintain the CO

standard without the program, and the

oxygenated fuel program would not

need to be implemented following

redesignation, except as a contingency

measure.

C. Verification of Continued Attainment

Continued attainment of the CO

NAAQS in the Boston area depends, in

part, on the State’s efforts toward

tracking indicators of continued

attainment during the maintenance

period. The State has also committed to
2922 Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Rules and Regulations

submit periodic inventories of CO

emissions every three years.

D. Contingency Plan

The level of CO emissions in the

Boston area will largely determine its

ability to stay in compliance with the

CO NAAQS in the future. Despite the

State’s best efforts to demonstrate

continued compliance with the NAAQS,

the ambient air pollutant concentrations

may exceed or violate the NAAQS.

Section 175A(d) of the CAA requires

that the contingency provisions include

a requirement that the State implement

all measures contained in the SIP prior

to redesignation. Therefore,

Massachusetts has provided

contingency measures with a schedule

for implementation in the event of a

future CO air quality problem. The plan

contains triggering mechanisms to

determine when contingency measures

are needed.

Massachusetts has developed a

contingency plan which contains a mix

of contingency measures that will

address site specific CO problems and

regional CO emissions. The first set of

contingency measures deals with

localized CO problems, which is either

an engineering fix or traffic flow

improvement at any site which triggers

the need for the contingency measure.

The second set of contingency measures

deals with regional CO emissions,

which include the implementation of an

oxygenated fuels program throughout

the Boston CMSA, implementation of an

enhanced inspection and maintenance

program and implementation of travel

demand measures.

In order to be an adequate

maintenance plan, the plan should

include at least one contingency

measure that will go into effect with a

triggering event. Massachusetts is

relying largely on a contingency

measure that is expected to be

implemented regardless of any

triggering event, namely, enhanced

Inspection and Maintenance (I/M).

Massachusetts is implementing I/M to

meet other requirements of the CAA and

it has the additional benefit of reducing

CO emissions. Massachusetts has two

measures that will not go into effect

unless a triggering event occurs, namely

oxygenated fuels and traffic flow

improvements.

E. Subsequent Maintenance Plan

Revisions

In accordance with section 175A(b) of

the CAA, the State has agreed to submit

a revised maintenance SIP eight years

after the area is redesignated to

attainment. Such revised SIP will

provide for maintenance for an

additional ten years.

5. Meeting Applicable Requirements of

Section 110 and Part D

In Section III.2. above, EPA sets forth

the basis for its conclusion that

Massachusetts has a fully approved SIP

which meets the applicable

requirements of Section 110 and Part D

of the CAA.

Final Action

EPA is approving the Boston CO

maintenance plan because it meets the

requirements set forth in section 175A

of the CAA. In addition, the Agency is

approving the request and redesignating

the Boston CO area to attainment,

because the State has demonstrated

compliance with the requirements of

section 107(d)(3)(E) for redesignation.

EPA is also approving Massachusetts’

1990 base year CO emissions inventory

and the State’s oxygenated gasoline

program for the Boston CMSA. The EPA

is publishing this action without prior

proposal because the Agency views this

as a noncontroversial amendment and

anticipates no adverse comments.

However, in a separate document in this

Federal Register publication, the EPA is

proposing to approve the SIP revision

should adverse or critical comments be

filed. This action will be effective April

1, 1996 unless, by February 29, 1996

adverse or critical comments are

received. If the EPA receives such

comments, this action will be

withdrawn before the effective date by

publishing a subsequent document that

will withdraw the final action. All

public comments received will then be

addressed in a subsequent final rule

based on this action serving as a

proposed rule. The EPA will not

institute a second comment period on

this action. Any parties interested in

commenting on this action should do so

at this time. If no such comments are

received, the public is advised that this

action will be effective April 1, 1996.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

The CO SIP is designed to satisfy the

requirements of part D of the CAA and

to provide for attainment and

maintenance of the CO NAAQS. This

final redesignation should not be

interpreted as authorizing the State to

delete, alter, or rescind any of the CO

emission limitations and restrictions

contained in the approved CO SIP.

Changes to CO SIP regulations rendering

them less stringent than those contained

in the EPA approved plan cannot be

made unless a revised plan for

attainment and maintenance is

submitted to and approved by EPA.

Unauthorized relaxations, deletions,

and changes could result in both a

finding of non-implementation (section

179(a) of the CAA) and in a SIP

deficiency call made pursuant to

sections 110(a)(2)(H) and 110(k)(2) of

the CAA.

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000. SIP approvals under

section 110 and subchapter I, part D of

the CAA do not create any new

requirements, but simply approve

requirements that the State is already

imposing. Therefore, because the federal

SIP approval does not impose any new

requirements, it does not have any

economic impact on any small entities.

Redesignation of an area to attainment

under section 107(d)(3)(E) of the CAA

does not impose any new requirements

on small entities.

Redesignation is an action that affects

the status of a geographical area and

does not impose any regulatory

requirements on sources. Accordingly, I

certify that the approval of the

redesignation request will not have an

impact on any small entities.

Unfunded Mandates

Under Sections 202, 203, and 205 of

the Unfunded Mandates Reform Act of

1995 (‘‘Unfunded Mandates Act’’),

signed into law on March 25, 1995, EPA

must undertake various actions in

association with proposed or final rules

that include a Federal mandate that may

result in estimated costs of $100 million

or more to the private sector, or to State,

local, or tribal governments in the

aggregate.

Through submission of this state

implementation plan or plan revision,

the State and any affected local or tribal

governments have elected to adopt the

program provided for under section

175A and section 187(a)(1) of the Clean

Air Act. The rules and commitments

approved in this action may bind State,

local and tribal governments to perform

certain actions and also may ultimately
Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Rules and Regulations 2923

lead to the private sector being required

to certain duties. To the extent that the

imposition of any mandate upon the

State, local or tribal governments either

as the owner or operator of a source or

as mandate upon the private sector,

EPA’s action will impose no new

requirements under State law; such

sources are already subject to these

requirements under State law.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, results from this

action. EPA has also determined that

this final action does not include a

mandate that may result in estimated

costs of $100 million or more to State,

local, or tribal governments in the

aggregate or to the private sector.

List of Subjects

40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Ozone.

40 CFR Part 81

Air pollution control, National parks,

and Wilderness areas.

Dated: September 29, 1995.

John P. DeVillars,

Regional Administrator.

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. 7401–7671q.

Subpart W—Massachusetts

2. Section 52.1120 is amended by

adding paragraph (c)(107) to read as

follows:

§ 52.1120 Identification of plan.

* * * * *

(c) * * *

(107) Massachusetts submitted the

Oxygenated Gasoline Program on

October 29, 1993. This submittal

satisfies the requirements of section

211(m) of the Clean Air Act, as

amended.

(i) Incorporation by reference.

(A) Letter dated October 29, 1993

which included the oxygenated gasoline

program, amendments to the

Massachusetts Air Pollution Control

Regulations, 310 CMR 7.00, with an

effective date of March 1, 1994,

requesting that the submittal be

approved and adopted as part of

Massachusetts’ SIP.

(ii) Additional materials.

(A) The Technical Support Document

for the Redesignation of the Boston Area

as Attainment for Carbon Monoxide

submitted on December 12, 1994.

3. Section 52.1132 is added to read as

follows:

§ 52.1132 Control strategy: Carbon

Monoxide.

(a) Approval-On November 13, 1992,

the Massachusetts Department of

Environmental Protection submitted a

revision to the carbon monoxide State

Implementation Plan for the 1990 base

year emission inventory. The inventory

was submitted by the State of

Massachusetts to satisfy Federal

requirements under section 182(a)(1) of

the Clean Air Act as amended in 1990,

as a revision to the carbon monoxide

State Implementation Plan.

(i) Approval—On December 12, 1994,

the Massachusetts Department of

Environmental Protection submitted a

request to redesignate the Boston Area

carbon monoxide nonattainment area to

attainment for carbon monoxide. As part

of the redesignation request, the State

submitted a maintenance plan as

required by 175A of the Clean Air Act,

as amended in 1990. Elements of the

section 175A maintenance plan include

a base year (1993 attainment year)

emission inventory for carbon

monoxide, a demonstration of

maintenance of the carbon monoxide

NAAQS with projected emission

inventories to the year 2010 for carbon

monoxide, a plan to verify continued

attainment, a contingency plan, and an

obligation to submit a subsequent

maintenance plan revision in 8 years as

required by the Clean Air Act. If the area

records a violation of the carbon

monoxide NAAQS (which must be

confirmed by the State), Massachusetts

will implement one or more appropriate

contingency measure(s) which are

contained in the contingency plan. The

menu of contingency measures includes

an enhanced motor vehicle inspection

and maintenance program and

implementation of the oxygenated fuels

program. The redesignation request and

maintenance plan meet the

redesignation requirements in sections

107(d)(3)(E) and 175A of the Act as

amended in 1990, respectively. The

redesignation meets the Federal

requirements of section 182(a)(1) of the

Clean Air Act as a revision to the

Massachusetts Carbon Monoxide State

Implementation Plan for the above

mentioned area.

PART 81—[AMENDED]

Subpart C—Section 107 Attainment

Status Designations

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. In § 81.322, the table for

‘‘Massachusetts-Carbon Monoxide’’ is

revised to read as follows:

§ 81.322 Massachusetts.

* * * * *

MASSACHUSETTS-CARBON MONOXIDE

Designated area

Designation Classification

Date 1 Type Date 1 Type

Boston area:

Middlesex County (part) Cities of: Cambridge,

Everett, Malden, Medford, and Somerville.

April 1, 1996 ........... Attainment. .................................

Norfolk County (part) Quincy City ...................... April 1, 1996 ........... Attainment. .................................

Suffolk County (part) Cities of: Boston, Chelsea, and Revere.April 1, 1996 ........... Attainment. .................................

Lowell area:

Middlesex County (part) Lowell City .................. ................................. Nonattainment ......... ................................. Not classified.

Springfield area:

Hampden County (part) Springfield City ............ ................................. Nonattainment ......... ................................. Not classified.

Waltham area:

Middlesex County (part) Waltham City .............. ................................. Nonattainment ......... ................................. Not classified.

Worcester area:

Worcester County (part) City of Worcester ....... ................................. Nonattainment ......... ................................. Not classified.
2924 Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Rules and Regulations

MASSACHUSETTS-CARBON MONOXIDE—Continued

Designated area

Designation Classification

Date 1 Type Date 1 Type

AQCR 042 Hartford-New Haven-Springfield ..... ................................. Unclassifiable/Attainment..................................

Franklin County:

Hampden County (part):

Cities of: Chicopee, Holyoke, and Westfield. Townships of: Agawam, Blandford,

Brimfield, Chester, East Longmeadow,

Granville, Hampden, Holland, Longmeadow, Ludlow, Monson, Montgomery,

Palmer, Russell, Southwick, Tolland,

Wales, West Springfield, and Wilbraham.

Hampshire County (part):

City of Northampton. Townships of: Amherst, Belchertown, Chesterfield,

Cummington, Eastampton, Goshen,

Granby, Hadley, Hatfield, Huntington,

Middlefield, Pelham, Southampton,

South Hadley, Ware, Westhampton, Williamsburg, and Worthington.

AQCR 117 Berkshire Intrastate Berkshire County ... ................................. Unclassifiable/Attainment..................................

AQCR 118 Central Massachusetts Intrastate ........... ................................. Unclassifiable/Attainment..................................

Middlesex County (part):

Townships of: Ashby, Shirley, and Townsend

Worcester County (part):

Cities of: Leominster, Fitchburg, and Gardner. Townships of: Ashburnham, Athol,

Auburn, Barre, Berlin, Blackstone,

Boylston, Brookfield, Charlton, Clinton,

Douglas, Dudley, East Holden,

Hopedale, Hubbardstown, Lancaster,

Leicester, Lunenburg, Mendon, Millbury,

Millville, New Braintree, Northborough,

Northbridge, North Brookfield, Oakham,

Oxford, Paxton, Petersham, Phillipston,

Princeton, Royalston, Rutland,

Shewsbury, Southbridge, Spencer, Sterling, Sutton, Templeton, Upton,

Uxbridge, Warren, Webster,

Westborough, West Boylston, West

Brookfield, Westminster, and

Winchendon

AQCR 119 Metropolitan Boston Intrastate ............... ................................. Unclassifiable/Attainment..................................
Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Rules and Regulations 2925

MASSACHUSETTS-CARBON MONOXIDE—Continued

Designated area

Designation Classification

Date 1 Type Date 1 Type

Essex County (part):

Cities of: Beverly, Gloucester, Lynn, Peabody, and Salem. Townships of:

Danvers, Essex, Ipswitch, Lynnfield,

Manchester, Marblehead, Middletown,

Nahant, Rockport, Saugus, Swampscott,

Topsfield, and Wenham.

................................. ................................. .................................

Middlesex County (part):

Cities of: Marlborough, Melrose, Newton,

and Woburn. Townships of: Acton, Arlington, Ashland, Bedford, Belmont,

Boxborough, Burlington, Concord, Framingham, Holliston, Hopkinton, Hudson,

Lexington, Lincoln, Maynard, Natick,

North Reading, Reading, Sherborn,

Stoneham, Stow, Sudbury, Wakefield,

Watertown, Wayland, Wilmington, and

Winchester.

Norfolk County (part):

Townships of: Avon, Braintree, Brookline,

Canton, Cohasset, Dedham, Dover, Holbrook, Medfield, Millis, Milton, Needham,

Norfolk, Norwood, Randolph, Sharon,

Stoughton, Walpole, Wellesley,

Westwood, and Weymouth.

................................. ................................. .................................

Plymouth County:

City of Brockton. Townships of: Abington,

Bridgewater, Duxbury, East Bridgewater,

Hanover, Hanson, Hingham, and Hull..

AQCR 120 Metropolitan Providence Interstate ........ ................................. Unclassifiable/Attainment..................................

Barnstable County (part):

Townships of: Barnstable, Bourne, Brewster, Chatham, Dennis, Eastham, Falmouth, Harwich, Mashpee, Orleans,

Provincetown, Sandwich, Truro,

Wellfleet, and Yarmouth.

Bristol County (part)

Cities of: Attleboro, Fall River, New Bedford, and Taunton. Townships of:

Acushnet, Berkley, Dartmouth, Dighton,

Fairhaven, Freetown, Mansfield, North

Attleborough, Norton, Raynham, Rehoboth, Seekonk, Somerset, Swansea, and

Westport.

................................. ................................. .................................

Dukes County (part):

Townships of: Chilmark, Edgartown, Gay

Head, Gosnold, Oak Bluffs, Tisbury, and

West Tisbury.

................................. ................................. .................................

Norfolk County (part):

Townships of: Bellingham, Foxborough,

Franklin, and Wrenton.

................................. ................................. .................................

Plymouth County (part):

Townships of: Carver, Halifax, Kingston,

Lakeville, Marion, Mattapoisett,

Middleborough, Plymouth, Plympton,

Rochester, and Warham.

Worcester County (part) Milford Township.

AQCR 121 Merrimack Valley-S New Hampshire ..... ................................. Unclassifiable/Attainment..................................
2926 Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Rules and Regulations

MASSACHUSETTS-CARBON MONOXIDE—Continued

Designated area

Designation Classification

Date 1 Type Date 1 Type

Essex County (part):

Townships of: Andover, Amesbury,

Boxford, Georgetown, Groveland, Haverhill, Lawerence, Merrimac, Methuen,

Newbury, Newburyport, North Andover,

Rowley, Salisbury, and West Newbury.

Middlesex County (part):

Townships of: Ayer, Billerica, Carlisle,

Chelmsford, Dracut, Dunstable, Groton,

Littleton, Pepperell,Tewksbury,

Tyngsborough, and Westford.

1This date is November 15, 1990, unless otherwise noted.

[FR Doc. 96–1589 Filed 1–29–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[SIPTRAX No. PA075–4001; PA075–4002;

PA024–4005; FRL–5329–1]

Approval and Promulgation of

Implementation Plans; Designation of

Areas for Air Quality Planning

Purposes; Redesignation of the

Philadelphia County Carbon Monoxide

Area to Attainment and Approval of the

Area’s Maintenance Plan and the

Philadelphia County 1990 Base Year

Carbon Monoxide Emission Inventory;

Commonwealth of Pennsylvania

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a

maintenance plan and a request to

redesignate part of Philadelphia County

from nonattainment to attainment for

carbon monoxide (CO) and is also

approving the 1990 base year CO

emissions inventory for Philadelphia

County. The maintenance plan,

redesignation request and 1990 base

year CO emissions inventory were

submitted by the Commonwealth of

Pennsylvania. Under the 1990

amendments of the Clean Air Act (CAA)

designations can be revised if sufficient

data is available to warrant such

revisions. In this action, EPA is

approving the Pennsylvania request

because it meets the maintenance plan

and redesignation requirements set forth

in the CAA. This action is being taken

under section 110 of the CAA.

EFFECTIVE DATE: This action will become

effective on March 15, 1996 unless,

within 30 days of publication, adverse

or critical comments are received. If the

effective date is delayed, timely notice

will be published in the Federal

Register.

ADDRESSES: Comments may be mailed to

Marcia L. Spink, Associate Director, Air

Programs, Mailcode 3AT00, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air, Radiation, and Toxics

Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107; Pennsylvania Department of

Environmental Protection, Bureau of Air

Quality, P.O. Box 8468, 400 Market

Street, Harrisburg, Pennsylvania 17105

and Philadelphia Department of Public

Health, Air Management Services, 321

University Avenue, Philadelphia,

Pennsylvania 19104.

FOR FURTHER INFORMATION CONTACT:

Kelly L. Bunker, (215) 597–4554.

SUPPLEMENTARY INFORMATION: On

September 8, 1995 the Commonwealth

of Pennsylvania submitted a request for

parallel processing of a redesignation

request and maintenance plan for the

Philadelphia portion of the

Philadelphia-Camden County CO

nonattainment area and supplemented

the request on October 30, 1995, in

order to formalize the submittal as an

official revision to its State

Implementation Plan (SIP). The SIP

revision consists of a maintenance plan

and a request to redesignate part of

Philadelphia County from

nonattainment to attainment for carbon

monoxide and the 1990 base year CO

emissions inventory for Philadelphia

County.

I. Background

Part of Philadelphia County in

Pennsylvania, specifically the high

traffic areas within the Central Business

District and certain other high traffic

density areas of the City of Philadelphia,

was a pre-1990 CO nonattainment area

and continued to be designated as

nonattainment for CO by operation of

law as per section 107 (d)(1)(C)(i) of the

Clean Air Act Amendments of 1990.

The National Ambient Air Quality

Standard (NAAQS) for CO is 9.5 parts

per million (ppm). Philadelphia County

is part of the Philadelphia-Camden

County CO nonattainment area. CO

nonattainment areas can be classified as

moderate or serious, based on their

design values. Since the Philadelphia

CO nonattainment area had a design

value of 11.6 ppm (based on 1988 and

1989 data), the area was classified as

moderate. The CAA established an

attainment date of December 31, 1995,

for all moderate CO areas. Philadelphia

County has ambient air quality

monitoring data showing attainment of

the CO NAAQS from 1990 through

1994. No exceedances or violations of

the CO NAAQS have been monitored in

Philadelphia County to date during

calendar year 1995. Therefore, in an

effort to comply with the CAA and to

ensure continued attainment of the

NAAQS, on September 8, 1995 and

October 30, 1995 the Commonwealth of

Pennsylvania submitted a CO

redesignation request and a

maintenance plan for Philadelphia

County. Pennsylvania submitted

evidence that a public hearing was held

on October 16, 1995 in Philadelphia.

II. Evaluation Criteria

Section 107(d)(3)(E) of the 1990 Clean

Air Act Amendments provides five

specific requirements that an area must

meet in order to be redesignated from

nonattainment to attainment.

1. The area must have attained the

applicable NAAQS;

2. The area must have a fully

approved SIP under section 110(k) of

CAA;