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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: January 30, 1996 (Volume 61, Number 20)]
[Rules and Regulations]
[Page 2918-2926]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

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.

The area must have attained the applicable NAAQS;
The area must have a fully approved SIP under section 110(k) of
CAA;

The air quality improvement must be permanent and enforceable;
The area must have a fully approved maintenance plan pursuant to
section 175A of the CAA;

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.

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 qualityassured
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
Boston Nonattainment Area CO Emissions Inventory Summary (Tons per Day)
Year Area Nonroad Mobile Point Total
Massachusetts-Carbon Monoxide
Designation Classification
Date\1\ Type Date\1\ Type
Boston area:
Cities of: Cambridge,
Everett, Malden, Medford,
and Somerville.
City.
of: Boston, Chelsea, and
Revere.
Lowell area:
Lowell City.
Springfield area:
Springfield City.
Waltham area:
Waltham City.
Worcester area:
of Worcester.
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.
Berkshire County.
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
Intrastate.
Essex County (part):
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):
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..
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)
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):
Edgartown, Gay Head,
Gosnold, Oak Bluffs,
Tisbury, and West
Tisbury.
Norfolk County (part):
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.
Hampshire.
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.

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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

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