
[Federal Register Volume 77, Number 15 (Tuesday, January 24, 2012)]
[Proposed Rules]
[Pages 3417-3422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1356]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2012-0008; A-1-FRL-9621-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Massachusetts; Determination of Attainment of the One-Hour Ozone 
Standard for the Springfield (Western Massachusetts) Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to determine that the Springfield 
(Western Massachusetts), serious one-hour ozone nonattainment area did 
not meet the applicable deadline of December 31, 2003 for attaining the 
one-hour National Ambient Air Quality Standard (NAAQS) for ozone. This 
proposed determination is based upon complete, certified, quality-
assured ambient air quality monitoring data for the 2001-2003 
monitoring period showing that the area had an expected ozone 
exceedance rate above the level of the now revoked one-hour ozone NAAQS 
during that period. Separate from and independent of this proposed 
determination, EPA is also proposing to determine that the Springfield 
(Western Massachusetts) serious one-hour ozone nonattainment area 
currently attains the now revoked one-hour NAAQS for ozone, based upon 
complete, quality-assured, certified ambient air monitoring data for 
the 2007-2009 and 2008-2010 monitoring

[[Page 3418]]

periods. Preliminary one-hour ozone data available for 2011 also show 
the area continues to meet the one-hour NAAQS for ozone. If EPA 
finalizes its determination that the area is currently attaining the 
one-hour standard, the obligation to submit one-hour ozone contingency 
measures will be suspended. EPA is proposing these determinations under 
the Clean Air Act.

DATES: Written comments must be received on or before February 23, 
2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2012-0008 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: arnold.anne@epa.gov
    3. Fax: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2012-0008,'' 
Anne Arnold, U.S. Environmental Protection Agency, EPA New England 
Regional Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), 
Boston, MA 02109-3912.
    5. Hand Delivery or Courier: Deliver your comments to: Anne Arnold, 
Manager, Air Quality Planning Unit, Office of Ecosystem Protection, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
5 Post Office Square, Suite 100, Boston, MA 02109-3912. Such deliveries 
are only accepted during the Regional Office's normal hours of 
operation. The Regional Office's official hours of business are Monday 
through Friday, 8:30 to 4:30, excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2012-0008. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov, or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy at Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, EPA New England Regional Office, 5 Post Office 
Square, Suite 100, Boston, MA. EPA requests that if at all possible, 
you contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30, excluding 
legal holidays.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality 
Planning Unit, U.S. Environmental Protection Agency, EPA New England 
Regional Office, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912, telephone number (617) 918-1664, fax number (617) 918-0664, email 
Burkhart.Richard@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble:

I. What is EPA proposing?
    A. Proposed Determination of Failure To Attain by Applicable 
Attainment Date
    B. Proposed Determination of Current Attainment
II. What is the background for these proposed actions?
    A. Statutory and Regulatory Background
    B. Basis and Effect of Proposed Determinations
III. What are EPA's analyses of data for purposes of determining 
attainment of the one-hour ozone standard?
    A. How does epa compute whether an area meets the one-hour ozone 
standard?
    B. EPA's Analyses of the One-Hour Ozone Data for the Springfield 
(Western Massachusetts) Area
IV. Proposed Determinations
V. Statutory and Executive Order Reviews

I. What is EPA proposing?

    EPA is proposing two separate and independent determinations for 
the Springfield (Western Massachusetts) one-hour ozone serious 
nonattainment area (hereafter, ``the Western Massachusetts area'').

A. Proposed Determination of Failure To Attain by Applicable Attainment 
Date

    EPA is proposing to determine that the Western Massachusetts area 
did not attain the one-hour ozone NAAQS by the applicable attainment 
date, December 31, 2003. This proposed determination is based upon 
complete, quality-assured and certified air quality monitoring data for 
the 2001-2003 monitoring period.

B. Proposed Determination of Current Attainment

    In addition, EPA is proposing to determine that the Western 
Massachusetts area is currently attaining the one-hour ozone NAAQS 
based upon complete, quality-assured and certified ambient air 
monitoring data for the 2007-2009 and 2008-2010 monitoring periods. If 
this proposed determination is finalized, any obligations related to 
one-hour ozone contingency measures in the Western Massachusetts area 
shall be suspended.

II. What is the background for these proposed actions?

A. Statutory and Regulatory Background

    The Western Massachusetts one-hour ozone nonattainment area 
consists of Berkshire, Franklin, Hampden and Hampshire Counties. EPA 
designated this area as nonattainment for one-hour ozone following the 
enactment of the Clean Air Act (CAA) Amendments of 1990. Most areas of 
the country that EPA designated nonattainment for the one-hour ozone 
NAAQS were classified by operation of law as marginal, moderate, 
serious, severe, or extreme depending on the severity of the area's air 
quality problem. See CAA sections 107(d)(1)(C) and 181(a). The Western 
Massachusetts area was classified as serious. The one-hour ozone 
attainment deadline for the Western Massachusetts serious area was 
initially set for November 15, 1999, and later was extended to December 
31, 2003. See 66 FR 666 (January 3, 2001).

[[Page 3419]]

    On July 18, 1997 (62 FR 38856), EPA promulgated a new standard for 
ozone based on an 8-hour average concentration (the ``1997 8-hour ozone 
NAAQS''). EPA designated and classified most areas of the country under 
the 8-hour ozone NAAQS in an April 30, 2004 final rule. See 69 FR 
23858. EPA designated Western Massachusetts as nonattainment for the 
1997 8-hour ozone NAAQS, and at the time of designation the area did 
not meet the one-hour ozone standard.
    On April 30, 2004, EPA issued a final rule (69 FR 23951) entitled 
``Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality 
Standard--Phase 1,'' referred to as the Phase 1 Rule. Among other 
matters, this rule revoked the one-hour ozone NAAQS in most areas of 
the country, effective June 15, 2005. See 40 CFR 50.9(b); 69 FR at 
23996; and 70 FR 44470. The Phase 1 Rule also set forth how anti-
backsliding principles will ensure continued progress toward attainment 
of the eight-hour ozone NAAQS by identifying which one-hour 
requirements remain applicable in an area after revocation of the one-
hour ozone NAAQS. Although, EPA revoked the one-hour ozone standard, 
eight-hour ozone nonattainment areas remain subject to certain one-
hour, anti-backsliding requirements based on their one-hour ozone 
classification. Initially, in our rules to address the transition from 
the one-hour to the eight-hour ozone standard, EPA did not include one-
hour contingency measures among the measures retained as one-hour ozone 
anti-backsliding requirements.\1\ However, on December 23, 2006, the 
United States Court of Appeals for the District of Columbia Circuit 
determined that EPA should not have excluded these requirements (and 
certain others not relevant here) from its anti-backsliding 
requirements. See South Coast Air Quality Management District v. EPA, 
472 F.3d 882 (DC Cir. 2006), rehearing denied 489 F.3d 1245 (clarifying 
that the vacatur was limited to the issues on which the court granted 
the petitions for review). Thus, the Court vacated the provisions that 
excluded these requirements. As a result, States must continue to meet 
the obligations for one-hour ozone NAAQS contingency measures and EPA 
has issued a proposed rule that would remove the vacated provisions of 
40 CFR 51.905(e), and that addresses contingency measures for the one-
hour standard. See 74 FR 2936 (January 16, 2009) (proposed rule); and 
74 FR 7027 (February 12, 2009) (notice of public hearing and extension 
of comment period).
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    \1\ Final Rule to Implement the 8-Hour Ozone National Ambient 
Air Quality Standard--Phase 1, 69 FR 23951 (April 30, 2004).
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B. Basis and Effect of Proposed Determinations

    After revocation of the one-hour ozone standard, EPA must continue 
to provide a mechanism to give effect to the one-hour ozone anti-
backsliding requirements. See SCAQMD v. EPA, 47 F.3d 882, at 903. In 
keeping with this responsibility with respect to specific one-hour 
anti-backsliding measures, such as contingency measures, EPA proposes 
to determine that Western Massachusetts failed to attain the one-hour 
ozone standard by its applicable attainment date. (CAA sections 301(a) 
and 181(b)(2)). Consistent with 40 CFR 51.905(e)(2) and the South Coast 
decision, upon revocation of the one-hour ozone NAAQS for an area, EPA 
is no longer obligated to determine whether an area has attained the 
one-hour NAAQS, except insofar as it relates to effectuating the anti-
backsliding requirements that are specifically retained. EPA's 
determination here is linked solely to required one-hour anti-
backsliding contingency measures. A final determination of failure to 
attain will not result in reclassification of the area under the 
revoked one-hour standard, nor is EPA identifying or determining any 
new one-hour reclassification for the area. EPA is no longer required 
to reclassify an area to a higher classification for the one-hour ozone 
NAAQS based upon a determination that the area failed to attain that 
NAAQS by its attainment date. See 40 CFR 51.905(e)(2)(i)(B). Thus, even 
if we finalize our proposed determination that the area failed to 
attain the one-hour ozone NAAQS by its attainment deadline, the area 
will not be reclassified to a higher classification. Moreover, EPA has 
previously approved the attainment demonstration and Reasonable Further 
Progress (RFP) plans for this area, and in doing so noted that although 
there were no approved state implementation plan contingency measures 
applicable to the Western Massachusetts area for failure to attain, 
there were federal measures which the state had not accounted for in 
its attainment demonstration, and which provided more reductions than 
necessary to serve the purpose of contingency measures for this area. 
See 66 FR 666, January 3, 2001. In addition, as explained elsewhere in 
this notice, EPA is proposing to determine that the Western 
Massachusetts area is currently attaining the one-hour ozone standard. 
The area has been in attainment of the revoked standard since 2009. In 
this context, even if EPA's proposed determination that the area did 
not attain the standard by the 2003 deadline is finalized, it will not 
trigger any additional obligations for the area under the one-hour 
ozone standard. Under EPA's ``Clean Data Policy'' interpretation, which 
was first articulated for the one-hour standard and then codified for 
the 8-hour ozone standard (40 CFR 51.918),\2\ a determination of 
attainment suspends obligations for attainment-related requirements for 
that standard, including contingency measures. See, for example, 
determination of one-hour ozone attainment for Baton Rouge, 75 FR 6570 
(February 10, 2010).
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    \2\ The U.S. Court of Appeals for the District of Columbia 
Circuit upheld the provisions of 40 CFR 51.918, which codified the 
Clean Data Policy. Previously Courts of Appeals for several other 
Circuits upheld the Clean Data Policy under the one-hour standard. 
See NRDC v. EPA, 571 F.3d 1245 (DC Cir. 2009); Sierra Club v. EPA, 
99 F. 3d 1551 (10th Cir.1996); Sierra Club v. EPA, 375 F.3d 537 (7th 
Cir. 2004) and Our Children's EarthFoundation v. EPA, No. 04-73032 
(9th Cir. June 28, 2005) (memorandum opinion).
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III. What are EPA's analyses of data for purposes of determining 
attainment of the one-hour ozone standard?

A. How does EPA compute whether an area meets the one-hour ozone 
standard?

    Although the one-hour ozone NAAQS as promulgated in 40 CFR 50.9 
does not address specific data handling conventions, EPA's publicly 
articulated position and the approach long since universally adopted by 
the air quality management community is that the interpretation of the 
one-hour ozone standard requires rounding ambient air quality data 
consistent with the stated level of the standard, which is 0.12 parts 
per million (ppm). 40 CFR 50.9(a) states that: ``The level of the 
national one-hour primary and secondary ambient air quality standards 
for ozone * * * is 0.12 parts per million. * * * The standard is 
attained when the expected number of days per calendar year with 
maximum hourly average concentrations of 0.12 parts per million * * * 
is equal to or less than 1, as determined by appendix H to this part.'' 
Thus, compliance with the NAAQS is based on comparison of air quality 
concentrations with the standard and on how many days that standard has 
been exceeded, adjusted for the number of missing days.
    For comparison with the NAAQS, EPA has clearly communicated the 
data handling conventions for the one-hour ozone NAAQS in guidance 
documents.

[[Page 3420]]

As early as 1979, EPA's guidance stated that the level of our NAAQS 
dictates the number of significant figures to be used in determining 
whether the standard was exceeded. The stated level of the standard 
defines the number of significant figures to be used in comparisons 
with the standard. For example, a standard level of 0.12 ppm means that 
measurements are to be rounded to two decimal places (0.005 rounds up), 
and, therefore, 0.125 ppm is the smallest concentration value in excess 
of the level of the standard. See ``Guideline for the Interpretation of 
Ozone Air Quality Standards,'' EPA-450/4-79-003, OAQPS No. 1.2-108, 
January 1979. EPA has consistently applied the rounding convention in 
this 1979 guideline. See 68 FR 19111, April 17, 2003; 68 FR 62043, 
October 31, 2003; and 69 FR 21719, April 22, 2004. EPA determines 
attainment status under the one-hour ozone NAAQS on the basis of the 
annual average number of expected exceedances of the NAAQS over a 
three-year period. See 60 FR 3349, January 17, 1995 and also the 
``General Preamble for the Implementation of Title I of the Clean Air 
Act Amendments of 1990,'' at 57 FR 13506, April 16, 1992 (``General 
Preamble''). EPA's determination is based upon data that have been 
collected and quality-assured in accordance with 40 CFR 58, and 
recorded in EPA's Air Quality System (AQS) database. To account for 
missing data, the procedures found in appendix H to 40 CFR 50 are used 
to adjust the actual number of monitored exceedances of the standard to 
yield the annual number of expected exceedances (``expected exceedance 
days'') at an air quality monitoring site. We determine if an area 
meets the one-hour ozone NAAQS by calculating, at each monitor, the 
average expected number of days over the standard per year (i.e., 
``average number of expected exceedance days'') during the applicable 
3-year period. See the General Preamble, 57 FR 13498, April 16, 1992. 
The term ``exceedance'' is used throughout this document to describe a 
daily maximum ozone measurement that is equal to or exceeds 0.125 ppm 
which is the level of the one-hour standard after rounding. An area 
violates the ozone standard if, over a consecutive 3-year period, more 
than 3 days of expected exceedances occur at the same monitor. For more 
information please refer to 40 CFR 50.9, ``National one-hour primary 
and secondary ambient air quality standards for ozone'' and 
``Interpretation of the one-hour Primary and Secondary National Ambient 
Air Quality Standards for Ozone'' (40 CFR part 50, appendix H).

B. EPA's Analyses of the One-Hour Ozone Data for the Springfield 
(Western Massachusetts) Area

    Tables 1, 2 and 3 show one-hour ozone data for the Western 
Massachusetts area, for each of the three-year periods 2001-2003, 2007-
2009, and 2008-2010. The tables show the actual exceedance days, the 
expected exceedance days, and the 3-year average expected exceedance 
rate for each monitor in the Western Massachusetts area. The standard 
for the one-hour ozone NAAQS is 0.12 ppm and attainment is achieved 
when the number of expected exceedances is 1.0 or less averaged over a 
three-year period. EPA calculates the expected exceedances based on the 
number of times a site exceeds the 0.12 ppm standard averaged over a 
three-year period and then adjusts for missing data. In short, if the 
three-year average expected exceedances rate is less than or equal to 
1.0, the site meets the one-hour ozone NAAQS. If all sites in the area 
meet the one-hour ozone standard, then the area meets the one-hour 
NAAQS during that time period.

                                             Table 1--One-Hour Ozone Data for the Western Massachusetts Area
                                                                       [2001-2003]
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                                                                                                         Actual                          3-Year average
                  EPA AQS ID                                  Site                      Year         exceedance days      Expected          expected
                                                                                                     over 0.124 ppm    exceedance days   exceedance rate
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250034002.....................................  Adams...........................              2001                 0               0.0               0.0
                                                                                              2002                 0               0.0  ................
                                                                                              2003                 0               0.0  ................
250130003.....................................  Agawam \3\......................              2001                 0               0.0  ................
                                                                                              2002                 2               2.0  ................
                                                                                              2003  ................  ................  ................
250130008.....................................  Chicopee........................              2001                 2               2.0               2.0
                                                                                              2002                 4               4.0  ................
                                                                                              2003                 0               0.0  ................
250150103.....................................  N. Amherst......................              2001                 1               1.0               0.7
                                                                                              2002                 1               1.0  ................
                                                                                              2003                 0               0.0  ................
250154002.....................................  Ware............................              2001                 2               2.0               1.3
                                                                                              2002                 2               2.0  ................
                                                                                              2003                 0               0.0  ................
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    \3\ Site shutdown in 2002. No expected exceedance rate 
calculated for 2001-2003.

                                             Table 2--One-Hour Ozone Data for the Western Massachusetts Area
                                                                       [2007-2009]
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                                                                                                         Actual                          3-Year average
                  EPA AQS ID                                  Site                      Year         exceedance days      Expected          expected
                                                                                                     over 0.124 ppm    exceedance days   exceedance rate
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250034002.....................................  Adams...........................              2007                 0               0.0               0.0

[[Page 3421]]

 
                                                                                              2008                 0               0.0  ................
                                                                                              2009                 0               0.0  ................
250130008.....................................  Chicopee........................              2007                 3               3.0               1.0
                                                                                              2008                 0               0.0  ................
                                                                                              2009                 0               0.0  ................
250150103.....................................  N. Amherst......................              2007                 0               0.0               0.0
                                                                                              2008                 0               0.0  ................
                                                                                              2009                 0               0.0  ................
250154002.....................................  Ware............................              2007                 2               2.1               0.7
                                                                                              2008                 0               0.0  ................
                                                                                              2009                 0               0.0  ................
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                                             Table 3--One-Hour Ozone Data for the Western Massachusetts Area
                                                                       [2008-2010]
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                                                                                                         Actual                          3-Year average
                  EPA AQS ID                                  Site                      Year         exceedance days      Expected          expected
                                                                                                     over 0.124 ppm    exceedance days   exceedance rate
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250034002.....................................  Adams...........................              2008                 0               0.0               0.0
                                                                                              2009                 0               0.0  ................
                                                                                              2010                 0               0.0  ................
250130008.....................................  Chicopee........................              2008                 0               0.0               0.0
                                                                                              2009                 0               0.0  ................
                                                                                              2010                 0               0.0  ................
250150103.....................................  N. Amherst......................              2008                 0               0.0               0.0
                                                                                              2009                 0               0.0  ................
                                                                                              2010                 0               0.0  ................
250154002.....................................  Ware............................              2008                 0               0.0               0.0
                                                                                              2009                 0               0.0  ................
                                                                                              2010                 0               0.0  ................
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    EPA has reviewed and evaluated these data in order to make two 
separate proposed determinations. First, EPA addresses whether the 
Western Massachusetts area attained the one-hour ozone standard by the 
applicable attainment date. As shown in Table 1, the Western 
Massachusetts one-hour ozone nonattainment area did not meet its 
attainment deadline of December 31, 2003, since two ozone monitors in 
the area had expected exceedance rates above 1.0. However, as Table 2 
shows, the area subsequently attained the one-hour ozone standard based 
on 2007-2009 ozone data, and the area continues to meet the one-hour 
standard based on complete, quality- assured and certified data for 
2008-2010 (Table 3). Preliminary ozone data available for 2011 show 
that the area continues in attainment of the one-hour ozone standard. 
Thus, EPA is also proposing to determine that based on complete, 
quality-assured and certified ozone monitoring data, the Western 
Massachusetts area has attained and continues to attain the one-hour 
ozone NAAQS.

IV. Proposed Determinations

    For the reasons set forth in this notice, EPA is proposing to 
determine that the Western Massachusetts one-hour ozone nonattainment 
area did not meet its applicable one-hour ozone attainment date of 
December 31, 2003, based on complete, quality-assured and certified 
ozone monitoring data for 2001-2003.\4\ Separate from and independent 
of this proposed determination, EPA is also proposing to determine that 
the Western Massachusetts one-hour ozone nonattainment area is 
currently attaining the one-hour ozone standard, based on, complete, 
quality-assured and certified ozone monitoring data for the 2007-2009 
and 2008-2010 monitoring periods. Preliminary data available for 2011 
indicate that the area continues to attain the one-hour NAAQS. If EPA 
finalizes its proposed determination that the Western Massachusetts 
area is currently attaining the one-hour ozone standard, any obligation 
to submit contingency measures for the one-hour ozone standard shall be 
suspended.
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    \4\ For the reasons set forth above, a final determination that 
the Western Massachusetts one-hour ozone nonattainment area did not 
meet its applicable one-hour ozone attainment deadline will not 
result in reclassification of the area for the one-hour standard, 
nor in any additional air quality obligations for the area.
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    EPA is soliciting public comments on the issues discussed in this 
notice or on other relevant matters. These comments will be considered 
before taking final action. Interested parties may participate in the 
Federal rulemaking process by submitting written comments to the EPA 
New England Regional Office listed in the ADDRESSES section of this 
Federal Register.

V. Statutory and Executive Order Reviews

    These actions propose to make determinations of attainment or 
nonattainment based on monitored air quality data and do not impose 
additional requirements beyond those imposed by statute or regulation. 
For that reason, these proposed actions:
     Are not ``significant regulatory actions'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the 
provisions

[[Page 3422]]

of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Do not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Do not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, these actions do not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: January 11, 2012.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2012-1356 Filed 1-23-12; 8:45 am]
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