[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Rules and Regulations]
[Pages 2918-2926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1589]
=======================================================================
-----------------------------------------------------------------------
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.
[[Page 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,
Sec. 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, Secs. 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 fully-approved 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
[[Page 2920]]
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
cleaner-burning 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 Sec. 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 Sec. 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.
[[Page 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 EPA-approved 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 ten-year 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 Maintenance-Projected 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
[[Page 2922]]
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
[[Page 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:
Sec. 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:
Sec. 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 Sec. 81.322, the table for ``Massachusetts-Carbon Monoxide''
is revised to read as follows:
Sec. 81.322 Massachusetts.
* * * * *
Massachusetts-Carbon Monoxide
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area -----------------------------------------------------------------------------------------------------------------------
Date\1\ Type Date\1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boston area:
Middlesex County (part) April 1, 1996............... Attainment. ............................ ............................
Cities of: Cambridge,
Everett, Malden, Medford,
and Somerville.
Norfolk County (part) Quincy April 1, 1996............... Attainment. ............................ ............................
City.
Suffolk County (part) Cities April 1, 1996............... Attainment. ............................ ............................
of: Boston, Chelsea, and
Revere.
Lowell area:
Middlesex County (part) ............................ Nonattainment............... ............................ Not classified.
Lowell City.
Springfield area:
Hampden County (part) ............................ Nonattainment............... ............................ Not classified.
Springfield City.
Waltham area:
Middlesex County (part) ............................ Nonattainment............... ............................ Not classified.
Waltham City.
Worcester area:
Worcester County (part) City ............................ Nonattainment............... ............................ Not classified.
of Worcester.
[[Page 2924]]
AQCR 042 Hartford-New Haven- ............................ Unclassifiable/Attainment... ............................ ............................
Springfield.
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 ............................ Unclassifiable/Attainment... ............................ ............................
Berkshire County.
AQCR 118 Central Massachusetts ............................ Unclassifiable/Attainment... ............................ ............................
Intrastate.
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 ............................ Unclassifiable/Attainment... ............................ ............................
Intrastate.
[[Page 2925]]
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 ............................ Unclassifiable/Attainment... ............................ ............................
Interstate.
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 ............................ Unclassifiable/Attainment... ............................ ............................
Hampshire.
[[Page 2926]]
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\This date is November 15, 1990, unless otherwise noted.
[FR Doc. 96-1589 Filed 1-29-96; 8:45 am]
BILLING CODE 6560-50-P
