97-18408. Approval and Promulgation of Implementation Plans; Massachusetts  

  • [Federal Register Volume 62, Number 134 (Monday, July 14, 1997)]
    [Rules and Regulations]
    [Pages 37510-37514]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-18408]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 52
    
    [MA-7197a; FRL-5847-1]
    
    
    Approval and Promulgation of Implementation Plans; Massachusetts
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
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    SUMMARY: The EPA today is approving State Implementation Plan (SIP) 
    revisions submitted by the Commonwealth of Massachusetts. These 
    revisions consist of 1990 base year ozone emission inventories, and 
    establishment of a Photochemical Assessment Monitoring System (PAMS) 
    network.
        The inventories were submitted by the Commonwealth to satisfy a 
    Clean Air Act (CAA) requirement that States containing ozone 
    nonattainment areas submit inventories of actual ozone precursor 
    emissions in accordance with guidance from the EPA. The ozone emission 
    inventories submitted by the Commonwealth are for the Springfield 
    serious area, and the Massachusetts portion of the Boston-Lawrence-
    Worcester serious area. The PAMS SIP revision was submitted to satisfy 
    the requirements of the CAA and the PAMS regulations. The intended 
    effect of this action is to approve as a revision to the Massachusetts 
    SIP the state's 1990 base year ozone emission inventories, and to 
    approve the PAMS network into the State's SIP.
    
    DATES: This action will become effective on September 12, 1997 unless 
    notice is received by August 13, 1997 that adverse or critical comments 
    will be submitted. If the effective date is delayed, timely notice will 
    be published in the Federal Register.
    
    ADDRESSES: Written comments on this action should be addressed to Susan 
    Studlien, Deputy Director, Office of Ecosystem Protection, 
    Environmental Protection Agency, Region I, JFK Federal Building, 
    Boston, Massachusetts, 02203. Copies of the documents relevant to this 
    action are available for public inspection during normal business hours 
    at the EPA Region I office, and at the Massachusetts Department of 
    Environmental Protection, Division of Air Quality Control, One Winter 
    Street, 7th Floor, Boston, Massachusetts, 02108-4746. Persons 
    interested in examining these documents should make an appointment with 
    the appropriate office at least 24 hours before the visiting day.
    
    FOR FURTHER INFORMATION CONTACT: Robert F. McConnell, Air Quality 
    Planning Group, EPA Region I, JFK Federal Building, Boston, 
    Massachusetts, 02203; telephone (617) 565-9266.
    
    SUPPLEMENTARY INFORMATION: Massachusetts submitted its 1990 base year 
    emission inventories of ozone precursors to the EPA on November 13, 
    1992. Revisions to the inventories were received on November 15, 1993, 
    November 15, 1994, and March 31, 1997. The Commonwealth submitted a SIP 
    revision establishing a PAMS network into the State's overall ambient 
    air quality monitoring network on November 15, 1993. This document is 
    divided into four parts:
    
    I. Background Information
    II. Analysis of State Submission
    III. Final Action
    IV. Administrative Requirements
    
    I. Background Information
    
    1. Emission Inventory:
    
        Under the CAA as amended in 1990, States have the responsibility to 
    inventory emissions contributing to NAAQS nonattainment, to track these 
    emissions over time, and to ensure that control strategies are being 
    implemented that reduce emissions and move areas towards attainment. 
    The CAA requires ozone nonattainment areas designated as moderate, 
    serious, severe, and extreme to submit a plan within three years of 
    1990 to reduce volatile organic compound (VOC) emissions by 15 percent 
    within six years after 1990. The baseline level of emissions, from 
    which the 15 percent reduction is calculated, is determined by 
    adjusting the base year inventory to exclude biogenic emissions and to 
    exclude certain emission reductions not creditable towards the 15 
    percent. The 1990 base year emissions inventory is the primary 
    inventory from which the periodic inventory, the Reasonable Further 
    Progress (RFP) projection inventory, and the modeling inventory are 
    derived. Further information on these inventories and their purpose can 
    be found in the ``Emission Inventory Requirements for Ozone State 
    Implementation Plans,'' U.S. Environmental Protection Agency, Office of 
    Air Quality Planning and Standards, Research Triangle Park, North 
    Carolina, March 1991. The base year inventory may also serve as part of 
    statewide inventories for purposes of regional modeling in transport 
    areas. The base year inventory plays an important role in modeling 
    demonstrations for areas classified as moderate and above.
        The air quality planning requirements for marginal to extreme ozone 
    nonattainment areas are set out in section 182(a)-(e) of title I of the 
    CAA. The EPA has issued a General Preamble describing the EPA's 
    preliminary views on how the agency intends to review SIP revisions 
    submitted under title I of the Act, including requirements for the 
    preparation of the 1990 base year inventory [see 57 FR 13502 (April 16, 
    1992) and 57 FR 18070 (April 28, 1992)]. In this action EPA will rely 
    on the General Preamble's interpretation of the CAA, and the reader 
    should refer to the General Preamble for a more detailed discussion of 
    the interpretations of title I advanced in today's rule and the 
    supporting rationale.
        Those States containing ozone nonattainment areas classified as 
    marginal to extreme are required under section 182(a)(1) of the CAA to 
    submit a final, comprehensive, accurate, and current inventory of 
    actual ozone season, weekday emissions from all sources within 2 years 
    of enactment (November 15, 1992). This inventory is for calendar year 
    1990 and is denoted as the base year inventory. It includes both 
    anthropogenic and biogenic sources of volatile organic compound (VOC), 
    nitrogen oxides (NOX), and carbon monoxide (CO). The 
    inventory is to address actual VOC, NOX, and CO
    
    [[Page 37511]]
    
    emissions for the area during a peak ozone season, which is generally 
    comprised of the summer months. All stationary point and area sources, 
    as well as mobile sources within the nonattainment area, are to be 
    included in the compilation. Available guidance for preparing emission 
    inventories is provided in the General Preamble (57 FR 13498 (April 16, 
    1992)).
    
    2. PAMS Network
    
        On November 15, 1993, the Massachusetts Department of Environmental 
    Protection (DEP) submitted to the EPA a SIP revision incorporating PAMS 
    into the ambient air quality monitoring network of State or Local Air 
    Monitoring Stations (SLAMS) and National Air Monitoring Stations 
    (NAMS). The Commonwealth will establish and maintain PAMS as part of 
    its overall ambient air quality monitoring network.
        Section 182(c)(1) of the CAA and the General Preamble (57 FR 13515) 
    require that the EPA promulgate rules for enhanced monitoring of ozone, 
    NOX, and VOCs no later than 18 months after the date of the 
    enactment of the Act. These rules will provide a mechanism for 
    obtaining more comprehensive and representative data on ozone air 
    pollution in areas designated nonattainment and classified as serious, 
    severe, or extreme.
        The final PAMS rule was promulgated by the EPA on February 12, 1993 
    (58 FR 8452). Section 58.40(a) of the revised rule requires the State 
    to submit a PAMS network description, including a schedule for 
    implementation, to the Administrator within six months after 
    promulgation or by August 12, 1993. Further, Sec. 58.20(f) requires the 
    State to provide for the establishment and maintenance of a PAMS 
    network within nine months after promulgation of the final rule or by 
    November 12, 1993.
        On December 30, 1993, the Massachusetts DEP submitted a PAMS 
    network description. The EPA sent the Commonwealth a letter on May 17, 
    1994 finding the submittal administratively complete. This submittal 
    was reviewed and approved on July 21, 1994 by the EPA and was judged to 
    satisfy the requirements of section 58.40(a). Since network 
    descriptions may change annually, they are not part of the SIP as 
    recommended by the document, ``Guideline for the Implementation of the 
    Ambient Air Monitoring Regulations, 40 CFR part 58'' (EPA-450/4-78-038, 
    OAQPS, November 1979). However, the network description is negotiated 
    and approved during the annual review as required by 40 CFR sections 
    58.25 and 58.36, respectively, and any revision must be reviewed as 
    provided at 40 CFR section 58.46.
        The Massachusetts PAMS SIP revision is intended to meet the 
    requirements of section 182(c)(1) of the Act and to comply with the 
    PAMS regulations, codified at 40 CFR part 58. The Massachusetts DEP 
    held several public hearings on the PAMS SIP revision during October, 
    1993.
    
    II. Analysis of State Submission
    
    1. Emission Inventory
    
    A. Procedural Background
        The Act requires States to observe certain procedural requirements 
    in developing emission inventory submissions to the EPA. Section 
    110(a)(2) of the Act provides that each emission inventory submitted by 
    a State must be adopted after reasonable notice and public 
    hearing.1 Final approval of the inventory will not occur 
    until the State revises the inventory to address public comments. 
    Changes to the inventory that impact the 15 percent reduction 
    calculation and require a revised control strategy will constitute a 
    SIP revision. EPA created a ``de minimis'' exception to the public 
    hearing requirement for minor changes. EPA defines ``de minimis'' for 
    such purposes to be those in which the 15 percent reduction calculation 
    and the associated control strategy or the maintenance plan showing, do 
    not change. States will aggregate all such ``de minimis'' changes 
    together when making the determination as to whether the change 
    constitutes a SIP revision. The State will need to make the change 
    through the formal SIP revision process, in conjunction with the change 
    to the control measure or other SIP programs.2 Section 
    110(a)(2) of the Act similarly provides that each revision to an 
    implementation plan submitted by a State under the Act must be adopted 
    by such State after reasonable notice and public hearing.
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        \1\ Also Section 172(c)(7) of the Act requires that plan 
    provisions for nonattainment areas meet the applicable provisions of 
    section 110(a)(2).
        \2\ Memorandum from John Calcagni, Director, Air Quality 
    Management Division, and William G. Laxton, Director, Technical 
    Support Division, to Regional Air Division Directors, Region I-X, 
    ``Public Hearing Requirements for 1990 Base-Year Emission 
    Inventories for Ozone and Carbon Monoxide Nonattainment Areas,'' 
    September 29, 1992.
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        On November 13, 1992, the Commonwealth of Massachusetts submitted 
    to the EPA as a SIP revision the 1990 base year inventories for the two 
    serious ozone nonattainment areas. Prior to the Commonwealth's 
    submittal of final inventories to the EPA on November 13, 1992, the 
    State had submitted draft inventories to EPA on May 1, 1992. EPA 
    reviewed the draft inventories and sent comments to the state by letter 
    dated September 1, 1992. The revised inventories submitted to EPA on 
    November 13, 1992, addressed many of EPA's comments. EPA reviewed the 
    November 13, 1992 submittal and provided comments to the State through 
    the hearing process by letter dated August 5, 1993. These comments 
    included comments developed by an EPA contractor's review of the 
    Massachusetts inventories. The contractor's comments are summarized 
    within reports dated April 12 and May 25, 1993. Massachusetts submitted 
    revisions to its final 1990 base year emission inventories on November 
    15, 1993, November 15, 1994, and March 31, 1997. The State held several 
    public hearings on the emission inventories, the last of which occurred 
    on February 13 and 14, 1997.
        The EPA Region I Office has compared the final Massachusetts 
    inventories with the deficiencies noted in the various comment letters 
    and concluded that Massachusetts has adequately addressed the issues 
    presented in the comment letters.
    B. Emission Inventory Review
        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 182(a)(1) (see 57 FR 13565-13566 
    (April 16, 1992)). The EPA is approving the Massachusetts ozone base 
    year emission inventories submitted to the EPA in final form on 
    November 15, 1994, based on the Levels I, II, and III review findings. 
    This section outlines the review procedures performed to determine if 
    the base year emission inventories are acceptable or should be 
    disapproved.
        The Levels I and II review process is used to determine that all 
    components of the base year inventory are present. The review also 
    evaluates the level of supporting documentation provided by the State 
    and assesses whether the emissions were developed according to current 
    EPA guidance.
        The Level III review process is outlined here and consists of 10 
    points that the inventory must include. For a base year emission 
    inventory to be acceptable it must pass all of the following acceptance 
    criteria:
        1. An approved Inventory Preparation Plan (IPP) was provided and 
    the QA program contained in the IPP was performed and its 
    implementation documented.
        2. Adequate documentation was provided that enabled the reviewer to
    
    [[Page 37512]]
    
    determine the emission estimation procedures and the data sources used 
    to develop the inventory.
        3. The point source inventory must be complete.
        4. Point source emissions must have been prepared or calculated 
    according to the current EPA guidance.
        5. The area source inventory must be complete.
        6. The area source emissions must have been prepared or calculated 
    according to the current EPA guidance.
        7. Biogenic emissions must have been prepared according to current 
    EPA guidance or another approved technique.
        8. The method (e.g., Highway Performance Modeling System or a 
    network transportation planning model) used to develop vehicle miles 
    travelled (VMT) estimates must follow EPA guidance, which is detailed 
    in the document, ``Procedures for Emission Inventory Preparation, 
    Volume IV: Mobile Sources,'' U.S. Environmental Protection Agency, 
    Office of Mobile Sources and Office of Air Quality Planning and 
    Standards, Ann Arbor, Michigan, and Research Triangle Park, North 
    Carolina, December 1992.
        9. The MOBILE model (or EMFAC model for California only) was 
    correctly used to produce emission factors for each of the vehicle 
    classes.
        10. Non-road mobile emissions were prepared according to current 
    EPA guidance for all of the source categories.
        The base year emission inventory will be approved if it passes 
    Levels I, II, and III of the review process. Detailed Level I and II 
    review procedures can be found in ``Quality Review Guidelines for 1990 
    Base Year Emission Inventories,'' U.S. Environmental Protection Agency, 
    Office of Air Quality Planning and Standards, Research Triangle Park, 
    NC, July 27, 1992. Level III review procedures are specified in EPA 
    memoranda noted in the margin.3
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        \3\ Memorandum from J. David Mobley, Chief, Emissions Inventory 
    Branch, to Air Branch Chiefs, Region I-X, ``Final Emission Inventory 
    Level III Acceptance Criteria,'' October 7, 1992; and memorandum 
    from John S. Seitz, Director, Office of Air Quality Planning and 
    Standards, to Regional Air Division Directors, Region I-X, 
    ``Emission Inventory Issues,'' June 24, 1993.
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        The emission inventories prepared by Massachusetts for its two, 
    serious ozone nonattainment areas meet each of Level III's ten 
    criteria. Documentation of the EPA's evaluation, including details of 
    the review procedure, is contained within the technical support 
    document prepared for the Massachusetts 1990 base year inventory, which 
    is available to the public as part of the docket supporting this 
    action.
    
    2. PAMS Network
    
        The Massachusetts PAMS SIP revision will provide the Commonwealth 
    with the authority to establish and operate the PAMS sites, will secure 
    State funds for PAMS, and will provide the EPA with the authority to 
    enforce the implementation of PAMS, since its implementation is 
    required by the Act.
        The criteria used to review the proposed SIP revision are derived 
    from the PAMS regulations, codified at 40 CFR Part 58, and are included 
    in ``Guideline for the Implementation of the Ambient Air Monitoring 
    Regulations, 40 CFR part 58'' (EPA-450/4-78-038, Office of Air Quality 
    Planning and Standards, November 1979), the September 2, 1993, 
    memorandum from G. T. Helms entitled, ``Final Boilerplate Language for 
    the PAMS SIP Submittal,'' the CAA, and the General Preamble.
        The September 2, 1993, Helms memorandum stipulates that the PAMS 
    SIP, at a minimum, must:
        1. Provide for monitoring of criteria pollutants, such as ozone and 
    nitrogen dioxide and non-criteria pollutants, such as nitrogen oxides, 
    speciated VOCs, including carbonyls, as well as meteorological 
    parameters;
        2. Provide a copy of the approved (or proposed) PAMS network 
    description, including the phase-in schedule, for public inspection 
    during the public notice and/or comment period provided for in the SIP 
    revision or, alternatively, provide information to the public upon 
    request concerning the State's plans for implementing the rules;
        3. Make reference to the fact that PAMS will become a part of the 
    State or local air monitoring stations (SLAMS) network;
        4. Provide a statement that SLAMS will employ Federal reference 
    methods (FRM) or equivalent methods while most PAMS sampling will be 
    conducted using methods approved by the EPA.
        The Massachusetts PAMS SIP revision provides that the Commonwealth 
    will implement PAMS as required in 40 CFR part 58, as amended February 
    12, 1993. The State will amend its SLAMS and its NAMS monitoring 
    systems to include the PAMS requirements. It will develop its PAMS 
    network design and establish monitoring sites pursuant to 40 CFR part 
    58 in accordance with an approved network description and as negotiated 
    with the EPA through the 105 grant process on an annual basis. The 
    Commonwealth has begun implementing its PAMS network as required in 40 
    CFR part 58.
        The Massachusetts PAMS SIP revision also includes a provision to 
    meet quality assurance requirements as contained in 40 CFR part 58, 
    Appendix A. The Commonwealth's SIP revision also assures EPA that the 
    State's PAMS monitors will meet monitoring methodology requirements 
    contained in 40 CFR part 58, Appendix C. Lastly, the Commonwealth's SIP 
    revision requires that the Massachusetts PAMS network will be phased in 
    over a period of five years as required in 40 CFR section 58.44. The 
    State's PAMS SIP submittal and the EPA's technical support document are 
    available for viewing at the EPA Region I Office as outlined under the 
    ``Addresses'' section of this Federal Register document. The 
    Commonwealth's PAMS SIP submittal is also available for viewing at the 
    Massachusetts State Office as outlined under the ``Addresses'' section 
    of this Federal Register document.
    
    III. Final Action
    
    1. Emission Inventory
    
        Massachusetts has submitted complete inventories containing point, 
    area, biogenic, on-road mobile, and non-road mobile source data, and 
    accompanying documentation. Emissions from these sources are presented 
    in the following table:
    
                                                         VOC \4\                                                    
                                       [Ozone Seasonal Emissions in Tons Per Day]                                   
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                                                        Point       On-road      Non-road                           
                    NAA                 Area source     source       mobile       mobile      Biogenic      Total   
                                         emissions    emissions    emissions    emissions                 emissions 
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    Springfield.......................        52.64        13.71        62.24        29.59       277.22       435.40
    
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    Bos-Law-Wor.......................       313.42        50.57       286.54       177.46       374.02     1202.01 
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    \4\ Note that these VOC inventory numbers include emissions of perchloroethylene and acetone. EPA has determined
      that these VOCs are photochemically non-reactive and do not significantly contribute to ozone production.     
      Therefore, these inventory numbers have been adjusted to remove emissions of these VOCs in the proposed       
      conditional interim approval of Massachusetts' 15 percent plan published elsewhere in today's Federal         
      Register.                                                                                                     
    
    
                                                           NOX                                                      
                                       [Ozone Seasonal Emissions in Tons Per Day]                                   
    ----------------------------------------------------------------------------------------------------------------
                                                        Point       On-road      Non-road                           
                    NAA                 Area source     source       mobile       mobile      Biogenic      Total   
                                         emissions    emissions    emissions    emissions                 emissions 
    ----------------------------------------------------------------------------------------------------------------
    Springfield.......................         4.40        19.29        74.48        19.90           NA       118.07
    Bos-Law-Wor.......................        28.09       298.77       332.30       156.28           NA       815.44
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                                                           CO                                                       
                                       [Ozone Seasonal Emissions in Tons Per Day]                                   
    ----------------------------------------------------------------------------------------------------------------
                                                        Point       On-road      Non-road                           
                    NAA                 Area source     source       mobile       mobile      Biogenic      Total   
                                         emissions    emissions    emissions    emissions                 emissions 
    ----------------------------------------------------------------------------------------------------------------
    Springfield.......................         7.93         6.70       484.31       178.22           NA       677.16
    Bos-Law-Wor.......................        45.51        33.62      2064.06      1176.46           NA      3319.65
    ----------------------------------------------------------------------------------------------------------------
    
        Massachusetts has satisfied all of the EPA's requirements for 
    providing a comprehensive, accurate, and current inventory of actual 
    ozone precursor emissions in the Springfield and Boston-Lawrence-
    Worcester serious ozone nonattainment areas. The inventories are 
    complete and approvable according to the criteria set out in the 
    November 12, 1992 memorandum from J. David Mobley, Chief Emission 
    Inventory Branch, TSD to G. T. Helms, Chief Ozone/Carbon Monoxide 
    Programs Branch, AQMD. In today's final action, the EPA is approving 
    the SIP 1990 base year ozone emission inventories submitted by the 
    Commonwealth for the Springfield area and the Massachusetts portion of 
    the Boston-Lawrence-Worcester nonattainment area as meeting the 
    requirements of section 182(a)(1) of the CAA.
    
    2. PAMS Network
    
        In today's action, the EPA is fully approving the revision to the 
    Massachusetts ozone SIP for PAMS.
        The EPA is publishing these actions without prior proposal because 
    the Agency views them as noncontroversial amendments and anticipates no 
    adverse comments. However, in a separate document in this Federal 
    Register publication, the EPA is proposing to approve these SIP 
    revisions and is soliciting public comment on them. This action will be 
    effective September 12, 1997 unless, by August 13, 1997, 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 actions. All public comments received will 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 Septermber 12, 1997.
        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.
    
    IV. Administrative Requirements
    
    A. Executive Order 12866
    
        This action has been classified as a Table 3 action for signature 
    by the Regional Administrator under the procedures published in the 
    Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
    July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
    Air and Radiation. The Office of Management and Budget (OMB) has 
    exempted this regulatory action from E.O. 12866 review.
    
    B. Regulatory Flexibility Act
    
        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 
    Clean Air Act 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, the 
    Administrator certifies that it does not have a significant impact on 
    any small entities affected. Moreover, due to the
    
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    nature of the Federal-State relationship under the CAA, preparation of 
    a flexibility analysis would constitute Federal inquiry into the 
    economic reasonableness of state action. The Clean Air Act forbids EPA 
    to base its actions concerning SIPs on such grounds. Union Electric Co. 
    v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
    
    C. Unfunded Mandates
    
        Under Sections 202 of the Unfunded Mandates Reform Act of 1995 
    (``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
    must prepare a budgetary impact statement to accompany any proposed or 
    final rule that includes a Federal mandate that may result in estimated 
    costs to State, local, or tribal governments in the aggregate; or to 
    the private sector, of $100 million or more. Under Section 205, EPA 
    must select the most cost-effective and least burdensome alternative 
    that achieves the objectives of the rule and is consistent with 
    statutory requirements. Section 203 requires EPA to establish a plan 
    for informing and advising any small governments that may be 
    significantly or uniquely impacted by the rule.
        EPA has determined that the approval action promulgated does not 
    include a Federal mandate that may result in estimated costs of $100 
    million or more to either State, local, or tribal governments in the 
    aggregate, or to the private sector. This Federal action approves pre-
    existing requirements under State or local law, and imposes no new 
    requirements. Accordingly, no additional costs to State, local, or 
    tribal governments, or to the private sector, result from this action.
    
    D. Submission to Congress and the General Accounting Office
    
        Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
    Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
    containing this rule and other required information to the U.S. Senate, 
    the U.S. House of Representatives and the Comptroller General of the 
    General Accounting Office prior to publication of the rule in today's 
    Federal Register. This rule is not a ``major rule'' as defined by 5 
    U.S.C. 804(2).
    
    E. Petitions for Judicial Review
    
        Under section 307(b)(1) of the Clean Air Act, petitions for 
    judicial review of this action must be filed in the United States Court 
    of Appeals for the appropriate circuit by September 12, 1997. Filing a 
    petition for reconsideration by the Administrator of this final rule 
    does not affect the finality of this rule for the purposes of judicial 
    review nor does it extend the time within which a petition for judicial 
    review may be filed, and shall not postpone the effectiveness of such 
    rule or action. This action may not be challenged later in proceedings 
    to enforce its requirements. (See section 307(b)(2).) EPA encourages 
    interested parties to comment in response to the proposed rule rather 
    than petition for judicial review, unless the objection arises after 
    the comment period allowed for in the proposal.
    
    List of Subjects in 40 CFR Part 52
    
        Environmental protection, Air pollution control, Carbon monoxide, 
    Hydrocarbons, Incorporation by reference, Nitrogen dioxide, Ozone, 
    Reporting and recordkeeping requirements.
    
        Note: Incorporation by reference of the State Implementation 
    Plan for the State of Massachusetts was approved by the Director of 
    the Federal Register on July 1, 1982.
    
        Dated: June 13, 1997.
    John P. DeVillars,
    Regional Administrator, Region I.
        40 CFR part 52 is amended as follows:
    
    PART 52--[AMENDED]
    
        1. The authority citation for part 52 continues to read as follows:
    
        Authority: 42 U.S.C. 7401-7641q.
    
    Subpart W--Massachusetts
    
        2. Section 52.1120 is amended by adding paragraph (c)(113) to read 
    as follows:
    
    
    Sec. 52.1120  Identification of plan.
    
    * * * * *
        (c) * * *
        (113) A revision to the Massachusetts SIP regarding ozone 
    monitoring. The Commonwealth of Massachusetts will modify its SLAMS and 
    its NAMS monitoring systems to include a PAMS network design and 
    establish monitoring sites. The Commonwealth's SIP revision satisfies 
    40 CFR 58.20(f) PAMS requirements.
        (i) Incorporation by reference.
        (A) Massachusetts PAMS Network Plan, which incorporates PAMS into 
    the ambient air quality monitoring network of State or Local Air 
    Monitoring Stations (SLAMS) and National Air Monitoring Stations 
    (NAMS).
        (ii) Additional material.
        (A) Letter from the Massachusetts Department of Environmental 
    Protection dated December 30, 1993 submitting a revision to the 
    Massachusetts State Implementation Plan.
        3. Section 52.1125 is added to read as follows:
    
    
    Sec. 52.1125  Emission inventories.
    
        (a) The Governor's designee for the Commonwealth of Massachusetts 
    submitted the 1990 base year emission inventories for the Springfield 
    nonattainment area and the Massachusetts portion of the Boston-
    Lawrence-Worcester ozone nonattainment area on November 13, 1992 as a 
    revision to the State Implementation Plan (SIP). Revisions to the 
    inventories were submitted on November 15, 1993, and November 15, 1994, 
    and March 31, 1997. The 1990 base year emission inventory requirement 
    of section 182(a)(1) of the Clean Air Act, as amended in 1990, has been 
    satisfied for these areas.
        (b) The inventories are for the ozone precursors which are volatile 
    organic compounds, nitrogen oxides, and carbon monoxide. The 
    inventories covers point, area, non-road mobile, on-road mobile, and 
    biogenic sources.
        (c) Taken together, the Springfield nonattainment area and the 
    Massachusetts portion of the Boston-Lawrence-Worcester nonattainment 
    area encompass the entire geographic area of the State. Both areas are 
    classified as serious ozone nonattainment areas.
    
    [FR Doc. 97-18408 Filed 7-11-97; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
9/12/1997
Published:
07/14/1997
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
97-18408
Dates:
This action will become effective on September 12, 1997 unless notice is received by August 13, 1997 that adverse or critical comments will be submitted. If the effective date is delayed, timely notice will be published in the Federal Register.
Pages:
37510-37514 (5 pages)
Docket Numbers:
MA-7197a, FRL-5847-1
PDF File:
97-18408.pdf
CFR: (1)
40 CFR 52.1120