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59338 Federal Register / Vol. 70, No.

196 / Wednesday, October 12, 2005 / Notices

opcwansley_decision2002(remanded) Massachusetts, New Hampshire and provisions for periodic review of

.pdf. Rhode Island and has determined that monitoring, emissions, and modeling
each state has adequately met its data to assess the extent to which
FOR FURTHER INFORMATION CONTACT: Art commitment to perform a MCR. EPA has refinements to emission control
Hofmeister, Air Permits Section, EPA sent a letter to each state approving their measures are needed. In those December
Region 4, at (404) 562–9115 or respective MCR as fulfilling the 16, 1999 proposed rulemakings, EPA set commitment made by each state in their forth its framework for reviewing and
SUPPLEMENTARY INFORMATION: The 1-hour ozone attainment demonstration. processing 1-hour ozone attainment
Georgia Center for Law in the Public ADDRESSES: Copies of each state’s MCR demonstrations and one element of that
Interest originally submitted a petition submittal, EPA’s approval letters and framework was a commitment for a
on behalf of the Sierra Club (Petitioner) EPA’s technical support document MCR.
to the Administrator on February 4, (TSD) are available for public inspection A MCR provides an opportunity for
2002, requesting that EPA object to a during normal business hours (9 a.m. to the state and EPA to assess if a
state title V operating permit issued by 4 p.m.) at the following address: U.S. nonattainment area is or is not making
the EPD to Oglethorpe. Other Environmental Protection Agency, sufficient progress toward attainment of
inconsistencies (with the Act) alleged by Region 1 (New England), One Congress the one-hour ozone standard. The MCR
the Petitioner were: (1) That the permit St., 11th Floor, Boston, Massachusetts, should utilize the most recent
failed to require a case-by-case telephone (617) 918–1664, please monitoring and other data to assess
maximum achievable control telephone in advance before visiting. whether the control measures relied on
technology determination for the FOR FURTHER INFORMATION CONTACT: in a SIP’s attainment demonstration
emissions of hazardous air pollutants; Richard P. Burkhart, Air Quality have resulted in adequate improvement
(2) that the permit failed to include Planning, Office of Ecosystem of the ozone air quality. The EPA
adequate monitoring of carbon Protection, U.S. Environmental believes that a MCR is a critical element
monoxide; (3) that the permit Protection Agency, EPA New England in any attainment demonstration that
impermissibly limited the enforceability Regional Office, One Congress Street, employs a long-term projection period
of a federal stack height provision; and 11th floor, (CAQ), Boston, MA 02114– and relies on a weight-of-evidence test.
(4) that the permit failed to include 2023. Phone: 617–918–1664, Fax: (617) The commitment to perform a MCR was
short-term best available control 918–0664, E-mail: required before EPA would approve
technology limits. EPA’s responses to most 1-hour ozone attainment
the above issues in the November 12, demonstrations. Moreover, even though
SUPPLEMENTARY INFORMATION: the 1-hour ozone standard has been
2002, Order were upheld by the Court;
therefore, sections IV.B. through IV.E. of I. General Information-Copies of revoked by EPA (70 FR 44470, June 15,
the November 12, 2002, Order are Documents 2005), the anti-backsliding provisions of
incorporated by reference into the Order EPA’s 8-hour ozone implementation
EPA’s approval letters and TSD and
Responding to Remand. rule (69 FR 23951, April 30, 2004)
each State’s MCR submittal are available
continue to require areas with
Dated: October 5, 2005. at the Regional Office, which is
outstanding commitments to perform a
J. I. Palmer, Jr., identified in the ADDRESSES section
1-hour MCR to do so.
Regional Administrator, Region 4.
above. Copies of these same items are The three 1-hour ozone
also available for public inspection nonattainment areas in New England
[FR Doc. 05–20416 Filed 10–11–05; 8:45 am]
during normal business hours, by that are the subject of this notice are as
appointment at the respective State Air follows: (1) The Massachusetts portion
Agency Division of Air Quality Control, of the Boston-Lawrence-Worcester, MA–
Department of Environmental NH area, (2) the New Hampshire portion
Protection, One Winter Street, 8th Floor, of the Boston-Lawrence-Worcester, MA–
Boston, MA 02108; Air Resources NH area, and (3) the Providence, Rhode
[A–1–FRL–7982–5] Division, Department of Environmental Island area. EPA’s final approval of the
Services, 6 Hazen Drive, P.O. Box 95, attainment demonstrations for both
Approval of Air Quality Implementation Concord, NH 03302–0095; and Office of
Plan Commitment to Submit Mid- portions of the Boston-Lawrence-
Air Resources, Department of
Course Review; Massachusetts, New Worcester, MA–NH 1-hour ozone
Environmental Management, 235
Hampshire and Rhode Island nonattainment area, each with a
Promenade Street, Providence, RI
commitment to perform a MCR, was
AGENCY: Environmental Protection 02908–5767.
published on December 6, 2002 (67 FR
Agency (EPA). II. Further Information 72574 and 67 FR 72576). EPA’s final
ACTION: Notice of commitment approval of the attainment
A. Background
fulfillment. demonstration for the Providence,
EPA’s 1996 modeling guidance Rhode Island 1-hour ozone
SUMMARY: Notice is hereby given that recognized the need to perform a mid- nonattainment area with the
the states of Massachusetts, New course review as a means for addressing commitment to perform a MCR was
Hampshire and Rhode Island have uncertainty in the modeling results. In published on April 7, 2003 (68 FR
fulfilled the enforceable commitment its December 16, 1999 proposed 16721).
each state made to EPA to complete a rulemakings on the 1-hour ozone
mid-course review (MCR) assessing attainment demonstrations for ten ozone B. MCR Guidance
whether their respective nonattainment nonattainment areas (see one example at On March 28, 2002, EPA issued a
area was or was not making sufficient 64 FR 70348), EPA stated that because memorandum entitled ‘‘Mid-Course
progress toward attainment of the one- of the uncertainty in long-term Review Guidance for the 1-Hour Ozone
hour ozone standard under the Clean projections, it believes that an Nonattainment Areas that Rely on
Air Act (CAA). EPA has reviewed the attainment demonstration that relies on Weight-of-Evidence for Attainment
MCR documents submitted by weight of evidence needs to contain Demonstration.’’ Attached to that

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Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Notices 59339

memorandum was a technical guidance eastern Massachusetts has had ozone i. Administrative Review
document dated January 2002 entitled design values below the now-revoked The New Hampshire MCR lists all the
‘‘Recommended Approach For NAAQS since the end of the 2003 ozone measures that have been implemented
Performing Mid-course Review of SIP’s season. Since the ozone design values and approved by EPA into the NH SIP.
To Meet the 1-hour NAAQS for Ozone.’’ are already below the NAAQS for 1- The document goes on to list additional
The technical guidance contains three hour ozone, eastern Massachusetts is control measures that will impact ozone
basic steps: (1) Perform an obviously on track to reach attainment precursor emissions in New Hampshire
administrative test (e.g., demonstrate by its 2007 deadline. Precursor emission in a positive way. This section fulfills
whether the appropriate emission limits data for eastern Massachusetts for both the required administrative review.
were adopted and implemented); (2) Nitrogen Oxides (NOX) and Volatile
analyze available air quality, Organic Compounds (VOC) also show a ii. Air Quality, Meteorology, Emissions
meteorology, emissions and modeling substantial downward trend since 1990. and Modeling Data Analysis
data and document findings; and (3) This along with the ozone trends The New Hampshire MCR contains
document conclusions regarding discussed above definitely shows the air quality, meteorology, and emissions
whether progress toward attainment is eastern Massachusetts area is on track to analysis for southern New Hampshire.
being made using a weight of evidence achieve attainment of the 1-hour ozone New Hampshire states and EPA agrees
determination (which may or may not standard by 2007. In summary, the air that 1-hour design values in all areas of
include new modeling analyses). quality, meteorology, and emissions New Hampshire have been below the
C. Review of MCR Submittals from analysis prepared by Massachusetts DEP level of the 1-hour ozone standard since
Massachusetts, New Hampshire and satisfies EPA requirements, and shows 1998. However, this nonattainment area
Rhode Island eastern Massachusetts is on target to is a part of the eastern Massachusetts 1-
achieve attainment by 2007. hour nonattainment area so air quality
This section compares the content of
each state’s MCR submittal to the iii. Document Conclusions Regarding in the entire multi-state area should be
requirements in EPA’s January 2002 Whether Progress Toward Attainment Is reviewed. Based on the Massachusetts
technical guidance. A TSD with more Being Made Using a Weight of Evidence MCR discussed above, it appears that
detail on EPA’s review has been Determination the entire area (both the Massachusetts
prepared and is available from EPA at portion and the New Hampshire
The Massachusetts MCR document portion) is on target to achieve
the address provided in the ADDRESSES states that ‘‘Massachusetts is fully
section above. attainment by 2007.
implementing all control programs New Hampshire also examined
1. Massachusetts MCR Submittal identified in the 2002 attainment emission trends for the four counties in
demonstration. All regional and federal southern New Hampshire. The trends in
The MCR for the Massachusetts
programs from which additional both VOC and NOX between 1996 and
portion of the Boston–Lawrence–
reductions were anticipated are being 2007 are both downward. The trends in
Worcester, MA–NH 1-hour ozone
implemented according to schedule. both VOC and NOX between 2002 and
nonattainment area was submitted by
Trajectory analyses results continue to 2007 are also downward. Based on New
the Massachusetts Department of
demonstrate that high ozone Hampshire’s ozone and precursors
Environmental Protection (DEP) on
concentrations at the Fairhaven and emission analysis coupled with
December 23, 2004.
Truro monitors in EMA [eastern Massachusetts’ similar analysis, this
i. Administrative Review Massachusetts] are largely due to ozone area is on target to attain by 2007 and
The Massachusetts DEP lists measures transport from upwind areas.’’ The thus this requirement is fulfilled.
adopted to meet CAA mandates and document goes on to state that ozone
design values and 1-hour ozone levels iii. Document Conclusions Regarding
rate-of-progress (ROP) requirements. Whether Progress Toward Attainment Is
The MCR lists the name of the control continue to trend downward in eastern
Massachusetts, furthermore ozone Being Made Using a Weight of Evidence
strategy or measure, whether it is a state Determination
or federal program, the rule approval precursor trends are also downward,
date, and regulatory citation. and provides data to back up these New Hampshire documents several
Massachusetts also lists additional claims. EPA agrees with the key parameters that show the State is on
control measures that were not part of Massachusetts DEP analysis. track to achieve attainment by 2007.
the Massachusetts SIP and that After reviewing the Massachusetts First, all portions of New Hampshire,
Massachusetts had not yet committed to MCR with respect to EPA guidance, EPA not just the nonattainment area, are
adopt, but that it anticipates will be concludes that the Massachusetts DEP currently meeting the 1-hour NAAQS
adopted in time to provide additional has submitted an acceptable MCR for ozone. One-hour ozone design
reductions prior to the 2007 ozone fulfilling the commitment values continue to trend even lower.
season. The administrative review Massachusetts made in its one-hour Ozone precursor emissions within New
analysis prepared by MA DEP satisfies attainment demonstration for the Hampshire continue to trend
EPA requirements. Massachusetts portion of the Boston– downward. New Hampshire uses
Lawrence–Worcester, MA–NH serious trajectory modeling and references to
ii. Air Quality, Meteorology, Emissions 1-hour zone nonattainment area. additional photochemical ozone grid-
and Modeling Data Analysis point modeling to add additional
2. New Hampshire MCR Submittal
The Massachusetts DEP submittal evidence to their MCR demonstration.
analyzes ozone and precursor emissions The MCR for the New Hampshire The trajectories show that at the two
trends, and looks at trajectory analysis portion of the Boston–Lawrence– sites in Eastern Massachusetts that have
of ozone exceedances in eastern Worcester MA–NH 1-hour ozone 1-hour air quality near the 1-hour
Massachusetts. The results of the ozone nonattainment area was submitted by NAAQS, New Hampshire emissions
data analysis show a downward trend in the New Hampshire Department of have no impact. The photochemical
the ozone design values for eastern Environmental Services (DES) on modeling referenced by New Hampshire
Massachusetts. The results show that December 30, 2004. also shows that lower ozone values are

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59340 Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Notices

forecast for 2007. The New Hampshire adequately met its commitment to approves a state demonstration that the
submittal meets this requirement. perform a MCR. This action is being state is implementing a federal standard,
The New Hampshire DES has taken for the following one-hour and does not alter the relationship or
submitted an acceptable MCR and has nonattainment areas: (1) The the distribution of power and
fulfilled the commitment it made in its Massachusetts portion of the Boston– responsibilities established in the Clean
one-hour ozone attainment Lawrence–Worcester, MA–NH area, (2) Air Act. This action also is not subject
demonstration for the Boston– the New Hampshire portion of the to Executive Order 13045 ‘‘Protection of
Lawrence–Worcester MA–NH serious 1- Boston–Lawrence–Worcester, MA–NH Children from Environmental Health
hour zone nonattainment area. area, and (3) the Providence, Rhode Risks and Safety Risks’’ (62 FR 19885,
Island area. EPA has sent a letter to each April 23, 1997), because it is not
3. Rhode Island MCR Submittal state approving their respective MCR as economically significant.
The MCR for the Rhode Island 1-hour fulfilling the commitment made by each In reviewing SIP submissions as well
ozone nonattainment area was state in their 1-hour ozone attainment as submission of reports that fulfill a
submitted on June 16, 2005. demonstration. Copies of these letters state commitment, EPA’s role is to
i. Administrative Review are available from EPA at the address approve state choices, provided that
provided in the ADDRESSES section they meet the criteria of the Clean Air
The Rhode Island MCR states that above. Act. In this context, in the absence of a
Rhode Island is on track to implement prior existing requirement for the state
all of the state and federal emission IV. Statutory and Executive Order
Reviews to use voluntary consensus standards
control measures required by the CAA. (VCS), EPA has no authority to
The section goes further to state that Under Executive Order 12866 (58 FR disapprove a SIP submission or a SIP
Rhode Island has already achieved 51735, October 4, 1993), this action is commitment for failure to use VCS. It
attainment for the one-hour ozone not a ‘‘significant regulatory action’’ and would thus be inconsistent with
standard, and states that with the therefore is not subject to review by the applicable law for EPA, when it reviews
additional ozone precursor reductions Office of Management and Budget. For a SIP submission or a SIP commitment,
that will occur both in Rhode Island and this reason, this action is also not to use VCS in place of a SIP submission
upwind of Rhode Island, one-hour subject to Executive Order 13211, that otherwise satisfies the provisions of
ozone concentrations will continue to ‘‘Actions Concerning Regulations That the Clean Air Act. Thus, the
decline into the future. Significantly Affect Energy Supply, requirements of section 12(d) of the
Distribution, or Use’’ (66 FR 28355, May National Technology Transfer and
ii. Air Quality, Meteorology, Emissions 22, 2001). This action merely approves
and Modeling Data Analysis Advancement Act of 1995 (15 U.S.C.
the states’ mid-course review as meeting 272 note) do not apply. This action does
As stated above, Rhode Island federal requirements and imposes no not impose an information collection
presents evidence that it has already additional requirements beyond those burden under the provisions of the
achieved attainment of the one-hour imposed by state law. Accordingly, the Paperwork Reduction Act of 1995 (44
ozone standard. All design values for Administrator certifies that this action U.S.C. 3501 et seq.).
one-hour ozone are below 124 ppb. will not have a significant economic
Rhode Island also provides ozone trends impact on a substantial number of small Authority: 42 U.S.C. 7401 et seq.
and trajectory analyses that support the entities under the Regulatory Flexibility Dated: September 26, 2005.
findings that ozone in Rhode Island is Act (5 U.S.C. 601 et seq.). Because this Robert W. Varney,
below the 1-hour NAAQS and will action approves pre-existing Regional Administrator, EPA New England.
continue to decline in the future. The requirements under state law and does [FR Doc. 05–20420 Filed 10–11–05; 8:45 am]
trajectories show that upwind emissions not impose any additional enforceable
affect ozone in Rhode Island and these duty beyond that required by state law,
emissions will continue to decline in it does not contain any unfunded
the future lowering ozone in Rhode mandate or significantly or uniquely ENVIRONMENTAL PROTECTION
Island even more. affect small governments, as described AGENCY
in the Unfunded Mandates Reform Act
iii. Document Conclusions Regarding of 1995 (Pub. L. 104–4). [OPP–2005–0101; FRL–7740–9]
Whether Progress Toward Attainment Is This action also does not have tribal
Being Made Using a Weight of Evidence implications because it will not have a Pesticide Program Dialogue
Determination substantial direct effect on one or more Committee Meeting
Rhode Island has already achieved Indian tribes, on the relationship AGENCY: Environmental Protection
attainment of the one-hour standard. between the Federal Government and Agency (EPA).
This requirement is met. Indian tribes, or on the distribution of ACTION: Notice.
After reviewing Rhode Island’s MCR power and responsibilities between the
submittal, EPA agrees with Rhode Federal Government and Indian tribes, SUMMARY: Pursuant to the Federal
Island that it has already achieved as specified by Executive Order 13175 Advisory Committee Act, EPA gives
attainment of the one-hour ozone (65 FR 67249, November 9, 2000). This notice of a public meeting of the
NAAQS and approves the Rhode Island action also does not have federalism Pesticide Program Dialogue Committee
submittal as fulfilling the commitment implications because it does not have (PPDC) on October 20 and 21, 2005. A
Rhode Island made in its one-hour substantial direct effects on the states, draft agenda has been developed and is
attainment demonstration. on the relationship between the national posted on EPA’s web site. Agenda topics
government and the states, or on the will include: Pesticide performance
III. Final Action distribution of power and measures; human studies; farmworker
EPA has reviewed the MCR responsibilities among the various safety; spray drift; Pesticide Registration
documents submitted by Massachusetts, levels of government, as specified in Improvement Act Workgroup on Process
New Hampshire and Rhode Island and Executive Order 13132 (64 FR 43255, Improvements Update; integrated
has determined that each state has August 10, 1999), because it merely testing strategy and vision; updates on

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