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

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.

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SUMMARY: On December 12, 1994, the Massachusetts Department of

Environmental Protection (MA DEP) submitted a request to redesignate

the Boston metropolitan area, including the communities of Boston,

Cambridge, Chelsea, Everett, Malden, Medford, Quincy, Revere, and

Somerville, from nonattainment to attainment for carbon monoxide (CO).

Under the Clean Air Act as amended in 1990 (CAA), designations can be

revised if sufficient data is available to warrant such revisions. In

this action, EPA is approving the Massachusetts request because it

meets the redesignation requirements set forth in the CAA.

In addition, EPA is approving two related State Implementation Plan

(SIP) submissions by Massachusetts DEP. On November 15, 1993,

Massachusetts DEP submitted a final 1990 base year emission inventory

for CO emissions, which includes emissions data for all sources of CO

in Massachusetts' CO nonattainment areas, as well as CO emissions for

the entire state. On October 29, 1993, Massachusetts DEP submitted an

oxygenated gasoline program for the Boston consolidated metropolitan

statistical area (CMSA). In this action, EPA is approving the CO

emissions inventory and oxygenated fuels SIP submissions.

DATES: This final rule will be effective April 1, 1996 unless critical

or adverse comments are received by February 29, 1996. If the effective

date is delayed, timely notice will be published in the Federal

Register.

ADDRESSES: Written comments should be sent to Susan Studlien, Acting

Director of the Air, Pesticides and Toxics Management Division, at the

EPA Regional Office listed below. Copies of the redesignation request

and the State of Massachusetts' submittal are available for public

review during normal business hours at the addresses listed below.

[[Page 2919]]

Air and Radiation Docket and Information Center, U.S. Environmental

Protection Agency, 401 M Street, SW., Washington, DC 20460, and;

Environmental Protection Agency, One Congress Street, Boston, MA 02203.

FOR FURTHER INFORMATION CONTACT: Wing Chau of the EPA Region I Air,

Pesticides and Toxics Management Division at (617) 565-3570.

SUPPLEMENTARY INFORMATION:

I. Background

In a March 15, 1991 letter to the EPA Region I Administrator, the

Governor of Massachusetts recommended the Boston metropolitan area,

which covers the nine surrounding cities (the ``Boston area''), be

designated as nonattainment for CO as required by section 107(d)(1)(A)

of the 1990 Clean Air Act Amendments (CAA) (Public Law 101-549, 104

Stat. 2399, codified at 42 U.S.C. 7401-7671q). The area was designated

nonattainment and classified as ``moderate'' under the provisions

outlined in sections 186 and 187 of the CAA. (See 56 FR 56694 (Nov. 6,

1991) and 57 FR 56762 (Nov. 30, 1992), codified at 40 CFR part 81,

Sec. 81.322.) Because the area had a design value of 9.8 ppm (based on

1986 data), the area was considered moderate. The CAA established an

attainment date of December 31, 1995, for all moderate CO areas. The

Boston area has ambient monitoring data showing attainment of the CO

NAAQS, since 1988. Therefore, in an effort to comply with the CAA and

to ensure continued attainment of the NAAQS, on December 12, 1994 the

State of Massachusetts submitted a CO redesignation request and a

maintenance plan for the Boston area. Massachusetts submitted evidence

that public hearings were held on September 29, 1994 in Springfield and

on September 30, 1994 in Boston.

II. Evaluation Criteria

Section 107(d)(3)(E) of the 1990 Clean Air Act Amendments provides

five specific requirements that an area must meet in order to be

redesignated from nonattainment to attainment.

1. The area must have attained the applicable NAAQS;

2. The area must have a fully approved SIP under section 110(k) of

CAA;

3. The air quality improvement must be permanent and enforceable;

4. The area must have a fully approved maintenance plan pursuant to

section 175A of the CAA;

5. The area must meet all applicable requirements under section 110

and Part D of the CAA.

III. Review of State Submittal

On January 17, 1995, EPA-New England determined that the

information received from the MA DEP constituted a complete

redesignation request under the general completeness criteria of 40 CFR

part 51, appendix V, Secs. 2.1 and 2.2.

The Massachusetts redesignation request for the Boston area meets

the five requirements of section 107(d)(3)(E), noted above. The

following is a brief description of how the State has fulfilled each of

these requirements.

1. Attainment of the CO NAAQS

Massachusetts has quality-assured CO ambient air monitoring data

showing that the Boston area has met the CO NAAQS. The Massachusetts

request is based on an analysis of quality-assured CO air monitoring

data which is relevant to the maintenance plan and to the redesignation

request. To attain the CO NAAQS, an area must have complete quality-

assured data showing no more than one exceedance of the standard per

year over at least two consecutive years. The ambient air CO monitoring

data for calendar year 1988 through calendar year 1993, relied upon by

Massachusetts in its redesignation request, shows no violations of the

CO NAAQS in the Boston area. The most recent ambient CO data shows no

exceedances in the calendar years 1994 and 1995. Because the area has

complete quality assured data showing no more than one exceedance of

the standard per year over at least two consecutive years (1991 and

1992), the area has met the first statutory criterion of attainment of

the CO NAAQS (40 CFR 50.9 and appendix C). Massachusetts has committed

to continue monitoring in this area in accordance with 40 CFR part 58.

2. Fully Approved SIP Under Section 110(k) of the CAA

Massachusetts's CO SIP is fully approved by EPA as meeting all the

requirements of Section 110(a)(2)(I) of the Act, including the

requirements of Part D (relating to nonattainment), which were due

prior to the date of Massachusetts' redesignation request.

Massachusetts' 1982 CO SIP was fully approved by EPA in 1983 as meeting

the CO SIP requirements in effect under the CAA at that time. The 1990

CAAA required that nonattainment areas achieve specific new

requirements depending on the severity of the nonattainment

classification. Requirements for the Boston area include the

preparation of a 1990 emission inventory with periodic updates,

adoption of an oxygenated fuels program, the development of contingency

measures, and development of conformity procedures. Each of these

requirements added by the 1990 Amendments to the CAA are discussed in

greater detail below.

Consistent with the October 14, 1994 EPA guidance from Mary D.

Nichols entitled ``Part D New Source Review (Part D NSR) Requirements

for Areas Requesting Redesignation to Attainment,'' EPA is not

requiring full approval of a Part D NSR program by Massachusetts as a

prerequisite to redesignation to attainment. Under this guidance,

nonattainment areas may be redesignated to attainment notwithstanding

the lack of a fully-approved Part D NSR program, so long as the program

is not relied upon for maintenance. Massachusetts has not relied on a

NSR program for CO sources to maintain attainment. Although EPA is not

treating a Part D NSR program as a prerequisite for redesignation, it

should be noted that EPA is in the process of taking final action on

the State's revised NSR regulation, which includes requirements for CO

nonattainment areas. Because the Boston area is being redesignated to

attainment by this action, Massachusetts' Prevention of Significant

Deterioration (PSD) requirements will be applicable to new or modified

sources in the Boston area.

A. Emission Inventory

Massachusetts submitted its base year inventory to EPA on November

15, 1993, which included estimates for CO at the statewide, county and

CO nonattainment city/town levels, as required under Section 187(a)(1)

of the CAA. EPA is approving the CO portion of the Massachusetts Base

Year emission inventory with this redesignation request.

Section 172(c)(3) of the CAA requires that nonattainment plan

provisions include a comprehensive, accurate, and current inventory of

actual emissions from all sources of relevant pollutants in the

nonattainment area. Massachusetts included the requisite inventory in

the CO SIP. The base year for the inventory was 1990, using a three

month CO season of November 1990 through January 1991. Stationary point

sources, stationary area sources, on-road mobile sources, and nonroad

mobile sources of CO were included in the inventory. Stationary sources

with emissions of greater than 100 tons per year were also included in

the inventory.

The following list presents a summary of the CO peak season daily

emissions estimates in tons per winter day by

[[Page 2920]]

source category: Point Sources, 32.77 tons per day; Area Sources,

711.95 tons per day; Mobile On-Road Sources, 3,387.69 tons per day;

Mobile Nonroad Sources, 109.36 tons per day; Total Sources, 4,241.77

tons per day. Available guidance for preparing emission inventories is

provided in the General Preamble (57 FR 13498, April 16, 1992).

Section 110(k) of the CAA sets out provisions governing the EPA's

review of base year emission inventory submittals in order to determine

approval or disapproval under section 187(a)(1). The EPA is granting

approval of the Massachusetts 1990 base year CO emissions inventory

submitted on November 15, 1993, based on the EPA's technical review of

the CO inventory. For further details, the reader is referred to the

Technical Support Document, which is available for review at the

addresses provided above.

B. Oxygenated Gasoline

Motor vehicles are significant contributors of CO emissions. An

important measure toward reducing these emissions is the use of

cleaner-burning oxygenated gasoline. Extra oxygen, contained within the

oxygenate in the fuel, enhances fuel combustion and helps to offset

fuel-rich operating conditions, particularly during vehicle starting,

which are more prevalent in the winter.

Section 211(m) of the CAA requires that CO nonattainment areas,

with a design value of 9.5 parts per million based on data for the 2-

year period of 1988 and 1989, submit a SIP revision for an oxygenated

fuel program for such area. The oxygenated fuel requirement must apply

to all fuel refiners or marketers who sell or dispense gasoline in the

Metropolitan Statistical area (MSA) or Consolidated Statistical Area

(CMSA) in which the nonattainment area is located. The Boston area has

a design value above 9.5 parts per million based on 1986 and 1987 data

(1988 and 1989 data was not used due to insufficient data at one of the

CO monitors) and consequently were subject to the requirement to adopt

an oxygenated fuel program. Massachusetts submitted an oxygenated fuel

SIP revision for the Boston CO nonattainment area to EPA on October 29,

1993. As noted in Massachusetts' redesignation request, the State

intends to relegate the oxygenated fuel program to contingency status

upon EPA's approval of Massachusetts' redesignation request. As part of

this action, EPA is approving Massachusetts' oxygenated fuel program

for the Boston CO area.

The oxygenated gasoline program is one in which all oxygenated

gasoline must contain a minimum oxygen content of 2.7 percent by weight

of oxygen. Under section 211(m)(4) of the CAA, EPA also issued

requirements for the labeling of gasoline pumps used to dispense

oxygenated gasoline, as well as guidelines on the establishment of an

appropriate control period. These labeling requirements and control

period guidelines may be found in 57 FR 47849, dated October 20, 1992.

Massachusetts' oxygenated gasoline regulation requires the minimum 2.7

percent oxygen content in the Boston CMSA. The regulation also contains

the necessary labeling regulations, enforcement procedures, and

oxygenate test methods. For a more detailed description of the manner

in which Massachusetts' oxygenated fuels program meets the requirements

of Section 211(m) of the CAA, the reader is referred to the Technical

Support Document, which is available for review at the addresses

provided above.

As mentioned above, Massachusetts has chosen to convert its

oxygenated fuels requirement in the Boston CMSA to a contingency

measure in its maintenance plan upon redesignation. Because

Massachusetts attained the CO standard based on data before the

oxygenated fuel program was implemented in the Boston CMSA, oxygenated

gasoline was not necessary to reach attainment. In its demonstration of

maintenance, described below, the State has shown that oxygenated

gasoline in the Boston CMSA is not necessary for continued maintenance

of the CO NAAQS. Consequently, by this action, EPA is both approving

Massachusetts' oxygenated fuels regulation and simultaneously approving

its use as a contingency measure for the Boston area.

C. Conformity

Under section 176(c) of the CAA, states were required to submit

revisions to their SIPs that include criteria and procedures to ensure

that Federal actions conform to the air quality planning goals in the

applicable SIPs. The requirement to determine conformity applies to

transportation plans, programs and projects developed, funded or

approved under Title 23 U.S.C. or the Federal Transit Act

(``transportation conformity''), as well as all other Federal actions

(``general conformity''). Congress provided for the State revisions to

be submitted one year after the date of promulgation of final EPA

conformity regulations.

EPA promulgated final transportation conformity regulations on

November 24, 1993 (58 FR 62188) and final general conformity

regulations on November 30, 1993 (58 FR 63214). These conformity rules

require that the States adopt both transportation and general

conformity provisions in the SIP for areas designated nonattainment or

subject to a maintenance plan approved under CAA section 175A. Pursuant

to Sec. 51.396 of the transportation conformity rule, the State of

Massachusetts was required to submit a SIP revision containing

transportation conformity criteria and procedures consistent with those

established in the Federal rule by November 25, 1994. Similarly,

pursuant to Sec. 51.851 of the general conformity rule, Massachusetts

was required to submit a SIP revision containing general conformity

criteria and procedures consistent with those established in the

Federal rule by December 1, 1994. Massachusetts submitted its

transportation conformity SIP revision to EPA on December 30, 1994.

This SIP was determined to be administratively and technically complete

on March 16, 1995; however, this SIP has not been fully approved by

EPA. Massachusetts has not submitted its general conformity SIP

revision.

Although this redesignation request was submitted to EPA after the

due dates for the SIP revisions for transportation conformity [58 FR

62188] and general conformity [58 FR 63214] rules , EPA believes it is

reasonable to interpret the conformity requirements as not being

applicable requirements for purposes of evaluating the redesignation

request under section 107(d). The rationale for this is based on a

combination of two factors. First, the requirement to submit SIP

revisions to comply with the conformity provisions of the Act continues

to apply to areas after redesignation to attainment. Therefore, the

State remains obligated to adopt the transportation and general

conformity rules even after redesignation and would risk sanctions for

failure to do so. While redesignation of an area to attainment enables

the area to avoid further compliance with most requirements of section

110 and part D, since those requirements are linked to the

nonattainment status of an area, the conformity requirements apply to

both nonattainment and maintenance areas. Second, EPA's federal

conformity rules require the performance of conformity analyses in the

absence of state-adopted rules. Therefore, a delay in adopting State

rules does not relieve an area from the obligation to implement

conformity requirements.

[[Page 2921]]

Because areas are subject to the conformity requirements regardless

of whether they are redesignated to attainment and must implement

conformity under Federal rules if State rules are not yet adopted, EPA

believes it is reasonable to view these requirements as not being

applicable requirements for purposes of evaluating a redesignation

request.

Therefore, with this notice, EPA is modifying its national policy

regarding the interpretation of the provisions of section 107(d)(3)(E)

concerning the applicable requirements for purposes of reviewing a

carbon monoxide redesignation request.

Under this new policy, for the reasons just discussed, EPA believes

that the CO redesignation request for the Boston area may be approved

notwithstanding the lack of submitted and approved state transportation

and general conformity rules.

3. Improvement in Air Quality Due to Permanent and Enforceable Measures

EPA approved Massachusetts' CO SIP under the 1977 CAA. Emission

reductions achieved through the implementation of control measures

contained in that SIP are enforceable. These measures were:

transportation plan reviews, a basic Inspection and Maintenance

Program, right turn on red, and the Federal Motor Vehicle Control

Program. As discussed above, the State initially attained the NAAQS in

1988 with monitored attainment through the 1994-1995 CO season. This

indicates that the improvements are due to the permanent and

enforceable measures contained in the 1982 CO SIP.

The State of Massachusetts has demonstrated that actual enforceable

emission reductions are responsible for the air quality improvement and

that the CO emissions in the base year are not artificially low due to

local economic downturn. EPA finds that the combination of certain

existing EPA-approved SIP and federal measures contribute to the

permanence and enforceability of reduction in ambient CO levels that

have allowed the area to attain the NAAQS.

4. Fully Approved Maintenance Plan Under Section 175A

Section 175A of the CAA sets forth the elements of a maintenance

plan for areas seeking redesignation from nonattainment to attainment.

The plan must demonstrate continued attainment of the applicable

NAAQS for at least ten years after the Administrator approves a

redesignation to attainment. Eight years after the redesignation, the

state must submit a revised maintenance plan which demonstrates

attainment for the ten years following the initial ten-year period. To

provide for the possibility of future NAAQS violations, the maintenance

plan must contain contingency measures, with a schedule for

implementation adequate to assure prompt correction of any air quality

problems. In this notice, EPA is approving the State of Massachusetts'

maintenance plan for the Boston area because EPA finds that

Massachusetts' submittal meets the requirements of section 175A.

A. Attainment Emission Inventory

As previously noted, on November 15, 1993, the State of

Massachusetts submitted a comprehensive inventory of CO emissions for

the Boston area. The inventory includes emissions from area,

stationary, and mobile sources using 1990 as the base year for

calculations.

The State submittal contains the detailed inventory data and

summaries by county and source category. The comprehensive base year

emissions inventory was submitted in the National Emission Data System

format. This inventory was prepared in accordance with EPA guidance.

Although the 1990 inventory can be considered representative of

attainment conditions because the NAAQS was not violated during 1990,

Massachusetts established CO emissions for the attainment year, 1993,

as well as four forecast years out to the year 2010 (1995, 2000, 2005,

and 2010) in their redesignation request. These estimates were derived

from the State's 1990 emissions inventory. The future emission

estimates are based on assumptions about economic and vehicle miles

travelled growth. These assumptions are documented in the Massachusetts

Growth Factors report dated November 1993.

1990 CO Base Year Emissions Inventory Boston Nonattainment Area (Tons per Day)

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Year Area Nonroad Mobile Point Total

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1990......................................... 126.76 59.04 343.41 7.62 536.83

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Boston Nonattainment Area CO Emissions Inventory Summary (Tons per Day)

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Year Area Nonroad Mobile Point Total

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1990......................................... 126.76 59.04 343.41 7.62 536.83

1993......................................... 128.32 59.823 305.43 7.96 501.53

1995......................................... 129.35 60.344 280.10 8.19 477.98

2000......................................... 131.20 62.995 147.56 8.87 350.625

2005......................................... 134.39 64.961 125.93 9.69 334.97

2010......................................... 137.93 66.695 121.75 10.05 336.425

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B. Demonstration of Maintenance-Projected Inventories

Total CO emissions were projected from 1990 base year out to 2010.

These projected inventories were prepared in accordance with EPA

guidance. Massachusetts will not implement the Oxygenated Fuel program

in the Boston CMSA unless a violation is measured. The projections show

that calculated CO emissions, assuming no oxygenated fuels program, are

not expected to exceed the level of the base year inventory during this

time period. Therefore, it is anticipated that the Boston area will

maintain the CO standard without the program, and the oxygenated fuel

program would not need to be implemented following redesignation,

except as a contingency measure.

C. Verification of Continued Attainment

Continued attainment of the CO NAAQS in the Boston area depends, in

part, on the State's efforts toward tracking indicators of continued

attainment during the maintenance period. The State has also committed

to

[[Page 2922]]

submit periodic inventories of CO emissions every three years.

D. Contingency Plan

The level of CO emissions in the Boston area will largely determine

its ability to stay in compliance with the CO NAAQS in the future.

Despite the State's best efforts to demonstrate continued compliance

with the NAAQS, the ambient air pollutant concentrations may exceed or

violate the NAAQS. Section 175A(d) of the CAA requires that the

contingency provisions include a requirement that the State implement

all measures contained in the SIP prior to redesignation. Therefore,

Massachusetts has provided contingency measures with a schedule for

implementation in the event of a future CO air quality problem. The

plan contains triggering mechanisms to determine when contingency

measures are needed.

Massachusetts has developed a contingency plan which contains a mix

of contingency measures that will address site specific CO problems and

regional CO emissions. The first set of contingency measures deals with

localized CO problems, which is either an engineering fix or traffic

flow improvement at any site which triggers the need for the

contingency measure. The second set of contingency measures deals with

regional CO emissions, which include the implementation of an

oxygenated fuels program throughout the Boston CMSA, implementation of

an enhanced inspection and maintenance program and implementation of

travel demand measures.

In order to be an adequate maintenance plan, the plan should

include at least one contingency measure that will go into effect with

a triggering event. Massachusetts is relying largely on a contingency

measure that is expected to be implemented regardless of any triggering

event, namely, enhanced Inspection and Maintenance (I/M). Massachusetts

is implementing I/M to meet other requirements of the CAA and it has

the additional benefit of reducing CO emissions. Massachusetts has two

measures that will not go into effect unless a triggering event occurs,

namely oxygenated fuels and traffic flow improvements.

E. Subsequent Maintenance Plan Revisions

In accordance with section 175A(b) of the CAA, the State has agreed

to submit a revised maintenance SIP eight years after the area is

redesignated to attainment. Such revised SIP will provide for

maintenance for an additional ten years.

5. Meeting Applicable Requirements of Section 110 and Part D

In Section III.2. above, EPA sets forth the basis for its

conclusion that Massachusetts has a fully approved SIP which meets the

applicable requirements of Section 110 and Part D of the CAA.

Final Action

EPA is approving the Boston CO maintenance plan because it meets

the requirements set forth in section 175A of the CAA. In addition, the

Agency is approving the request and redesignating the Boston CO area to

attainment, because the State has demonstrated compliance with the

requirements of section 107(d)(3)(E) for redesignation. EPA is also

approving Massachusetts' 1990 base year CO emissions inventory and the

State's oxygenated gasoline program for the Boston CMSA. The EPA is

publishing this action without prior proposal because the Agency views

this as a noncontroversial amendment and anticipates no adverse

comments. However, in a separate document in this Federal Register

publication, the EPA is proposing to approve the SIP revision should

adverse or critical comments be filed. This action will be effective

April 1, 1996 unless, by February 29, 1996 adverse or critical comments

are received. If the EPA receives such comments, this action will be

withdrawn before the effective date by publishing a subsequent document

that will withdraw the final action. All public comments received will

then be addressed in a subsequent final rule based on this action

serving as a proposed rule. The EPA will not institute a second comment

period on this action. Any parties interested in commenting on this

action should do so at this time. If no such comments are received, the

public is advised that this action will be effective April 1, 1996.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP shall be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

The CO SIP is designed to satisfy the requirements of part D of the

CAA and to provide for attainment and maintenance of the CO NAAQS. This

final redesignation should not be interpreted as authorizing the State

to delete, alter, or rescind any of the CO emission limitations and

restrictions contained in the approved CO SIP. Changes to CO SIP

regulations rendering them less stringent than those contained in the

EPA approved plan cannot be made unless a revised plan for attainment

and maintenance is submitted to and approved by EPA. Unauthorized

relaxations, deletions, and changes could result in both a finding of

non-implementation (section 179(a) of the CAA) and in a SIP deficiency

call made pursuant to sections 110(a)(2)(H) and 110(k)(2) of the CAA.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000. SIP approvals under section 110 and subchapter I, part D of the

CAA do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the federal SIP

approval does not impose any new requirements, it does not have any

economic impact on any small entities. Redesignation of an area to

attainment under section 107(d)(3)(E) of the CAA does not impose any

new requirements on small entities.

Redesignation is an action that affects the status of a

geographical area and does not impose any regulatory requirements on

sources. Accordingly, I certify that the approval of the redesignation

request will not have an impact on any small entities.

Unfunded Mandates

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 25,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector, or to

State, local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under section 175A and

section 187(a)(1) of the Clean Air Act. The rules and commitments

approved in this action may bind State, local and tribal governments to

perform certain actions and also may ultimately

[[Page 2923]]

lead to the private sector being required to certain duties. To the

extent that the imposition of any mandate upon the State, local or

tribal governments either as the owner or operator of a source or as

mandate upon the private sector, EPA's action will impose no new

requirements under State law; such sources are already subject to these

requirements under State law. Accordingly, no additional costs to

State, local, or tribal governments, or to the private sector, results

from this action. EPA has also determined that this final action does

not include a mandate that may result in estimated costs of $100

million or more to State, local, or tribal governments in the aggregate

or to the private sector.

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Ozone.

40 CFR Part 81

Air pollution control, National parks, and Wilderness areas.

Dated: September 29, 1995.

John P. DeVillars,

Regional Administrator.

Chapter I, title 40 of the Code of Federal Regulations is amended

as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42.U.S.C. 7401-7671q.

Subpart W--Massachusetts

2. Section 52.1120 is amended by adding paragraph (c)(107) to read

as follows:

Sec. 52.1120 Identification of plan.

* * * * *

(c) * * *

(107) Massachusetts submitted the Oxygenated Gasoline Program on

October 29, 1993. This submittal satisfies the requirements of section

211(m) of the Clean Air Act, as amended.

(i) Incorporation by reference.

(A) Letter dated October 29, 1993 which included the oxygenated

gasoline program, amendments to the Massachusetts Air Pollution Control

Regulations, 310 CMR 7.00, with an effective date of March 1, 1994,

requesting that the submittal be approved and adopted as part of

Massachusetts' SIP.

(ii) Additional materials.

(A) The Technical Support Document for the Redesignation of the

Boston Area as Attainment for Carbon Monoxide submitted on December 12,

1994.

3. Section 52.1132 is added to read as follows:

Sec. 52.1132 Control strategy: Carbon Monoxide.

(a) Approval-On November 13, 1992, the Massachusetts Department of

Environmental Protection submitted a revision to the carbon monoxide

State Implementation Plan for the 1990 base year emission inventory.

The inventory was submitted by the State of Massachusetts to satisfy

Federal requirements under section 182(a)(1) of the Clean Air Act as

amended in 1990, as a revision to the carbon monoxide State

Implementation Plan.

(i) Approval--On December 12, 1994, the Massachusetts Department of

Environmental Protection submitted a request to redesignate the Boston

Area carbon monoxide nonattainment area to attainment for carbon

monoxide. As part of the redesignation request, the State submitted a

maintenance plan as required by 175A of the Clean Air Act, as amended

in 1990. Elements of the section 175A maintenance plan include a base

year (1993 attainment year) emission inventory for carbon monoxide, a

demonstration of maintenance of the carbon monoxide NAAQS with

projected emission inventories to the year 2010 for carbon monoxide, a

plan to verify continued attainment, a contingency plan, and an

obligation to submit a subsequent maintenance plan revision in 8 years

as required by the Clean Air Act. If the area records a violation of

the carbon monoxide NAAQS (which must be confirmed by the State),

Massachusetts will implement one or more appropriate contingency

measure(s) which are contained in the contingency plan. The menu of

contingency measures includes an enhanced motor vehicle inspection and

maintenance program and implementation of the oxygenated fuels program.

The redesignation request and maintenance plan meet the redesignation

requirements in sections 107(d)(3)(E) and 175A of the Act as amended in

1990, respectively. The redesignation meets the Federal requirements of

section 182(a)(1) of the Clean Air Act as a revision to the

Massachusetts Carbon Monoxide State Implementation Plan for the above

mentioned area.

PART 81--[AMENDED]

Subpart C--Section 107 Attainment Status Designations

1. The authority citation for part 81 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

2. In Sec. 81.322, the table for ``Massachusetts-Carbon Monoxide''

is revised to read as follows:

Sec. 81.322 Massachusetts.

* * * * *

Massachusetts-Carbon Monoxide

--------------------------------------------------------------------------------------------------------------------------------------------------------

Designation Classification

Designated area -----------------------------------------------------------------------------------------------------------------------

Date\1\ Type Date\1\ Type

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Boston area:

Middlesex County (part) April 1, 1996............... Attainment. ............................ ............................

Cities of: Cambridge,

Everett, Malden, Medford,

and Somerville.

Norfolk County (part) Quincy April 1, 1996............... Attainment. ............................ ............................

City.

Suffolk County (part) Cities April 1, 1996............... Attainment. ............................ ............................

of: Boston, Chelsea, and

Revere.

Lowell area:

Middlesex County (part) ............................ Nonattainment............... ............................ Not classified.

Lowell City.

Springfield area:

Hampden County (part) ............................ Nonattainment............... ............................ Not classified.

Springfield City.

Waltham area:

Middlesex County (part) ............................ Nonattainment............... ............................ Not classified.

Waltham City.

Worcester area:

Worcester County (part) City ............................ Nonattainment............... ............................ Not classified.

of Worcester.

[[Page 2924]]

AQCR 042 Hartford-New Haven- ............................ Unclassifiable/Attainment... ............................ ............................

Springfield.

Franklin County:

Hampden County (part):

Cities of: Chicopee,

Holyoke, and Westfield.

Townships of: Agawam,

Blandford, Brimfield,

Chester, East

Longmeadow, Granville,

Hampden, Holland,

Longmeadow, Ludlow,

Monson, Montgomery,

Palmer, Russell,

Southwick, Tolland,

Wales, West

Springfield, and

Wilbraham.

Hampshire County (part):

City of Northampton.

Townships of: Amherst,

Belchertown,

Chesterfield,

Cummington, Eastampton,

Goshen, Granby, Hadley,

Hatfield, Huntington,

Middlefield, Pelham,

Southampton, South

Hadley, Ware,

Westhampton,

Williamsburg, and

Worthington.

AQCR 117 Berkshire Intrastate ............................ Unclassifiable/Attainment... ............................ ............................

Berkshire County.

AQCR 118 Central Massachusetts ............................ Unclassifiable/Attainment... ............................ ............................

Intrastate.

Middlesex County (part):

Townships of: Ashby,

Shirley, and Townsend

Worcester County (part):

Cities of: Leominster,

Fitchburg, and Gardner.

Townships of:

Ashburnham, Athol,

Auburn, Barre, Berlin,

Blackstone, Boylston,

Brookfield, Charlton,

Clinton, Douglas,

Dudley, East Holden,

Hopedale, Hubbardstown,

Lancaster, Leicester,

Lunenburg, Mendon,

Millbury, Millville,

New Braintree,

Northborough,

Northbridge, North

Brookfield, Oakham,

Oxford, Paxton,

Petersham, Phillipston,

Princeton, Royalston,

Rutland, Shewsbury,

Southbridge, Spencer,

Sterling, Sutton,

Templeton, Upton,

Uxbridge, Warren,

Webster, Westborough,

West Boylston, West

Brookfield,

Westminster, and

Winchendon

AQCR 119 Metropolitan Boston ............................ Unclassifiable/Attainment... ............................ ............................

Intrastate.

[[Page 2925]]

Essex County (part):

Cities of: Beverly, ............................ ............................ ............................ ............................

Gloucester, Lynn,

Peabody, and Salem.

Townships of: Danvers,

Essex, Ipswitch,

Lynnfield, Manchester,

Marblehead, Middletown,

Nahant, Rockport,

Saugus, Swampscott,

Topsfield, and Wenham.

Middlesex County (part):

Cities of: Marlborough,

Melrose, Newton, and

Woburn. Townships of:

Acton, Arlington,

Ashland, Bedford,

Belmont, Boxborough,

Burlington, Concord,

Framingham, Holliston,

Hopkinton, Hudson,

Lexington, Lincoln,

Maynard, Natick, North

Reading, Reading,

Sherborn, Stoneham,

Stow, Sudbury,

Wakefield, Watertown,

Wayland, Wilmington,

and Winchester.

Norfolk County (part):

Townships of: Avon, ............................ ............................ ............................ ............................

Braintree, Brookline,

Canton, Cohasset,

Dedham, Dover,

Holbrook, Medfield,

Millis, Milton,

Needham, Norfolk,

Norwood, Randolph,

Sharon, Stoughton,

Walpole, Wellesley,

Westwood, and Weymouth.

Plymouth County:

City of Brockton. Townships

of: Abington, Bridgewater,

Duxbury, East Bridgewater,

Hanover, Hanson, Hingham,

and Hull..

AQCR 120 Metropolitan Providence ............................ Unclassifiable/Attainment... ............................ ............................

Interstate.

Barnstable County (part):

Townships of:

Barnstable, Bourne,

Brewster, Chatham,

Dennis, Eastham,

Falmouth, Harwich,

Mashpee, Orleans,

Provincetown, Sandwich,

Truro, Wellfleet, and

Yarmouth.

Bristol County (part)

Cities of: Attleboro, ............................ ............................ ............................ ............................

Fall River, New

Bedford, and Taunton.

Townships of: Acushnet,

Berkley, Dartmouth,

Dighton, Fairhaven,

Freetown, Mansfield,

North Attleborough,

Norton, Raynham,

Rehoboth, Seekonk,

Somerset, Swansea, and

Westport.

Dukes County (part):

Townships of: Chilmark, ............................ ............................ ............................ ............................

Edgartown, Gay Head,

Gosnold, Oak Bluffs,

Tisbury, and West

Tisbury.

Norfolk County (part):

Townships of: ............................ ............................ ............................ ............................

Bellingham, Foxborough,

Franklin, and Wrenton.

Plymouth County (part):

Townships of: Carver,

Halifax, Kingston,

Lakeville, Marion,

Mattapoisett,

Middleborough,

Plymouth, Plympton,

Rochester, and Warham.

Worcester County (part) Milford

Township.

AQCR 121 Merrimack Valley-S New ............................ Unclassifiable/Attainment... ............................ ............................

Hampshire.

[[Page 2926]]

Essex County (part):

Townships of: Andover,

Amesbury, Boxford,

Georgetown, Groveland,

Haverhill, Lawerence,

Merrimac, Methuen,

Newbury, Newburyport,

North Andover, Rowley,

Salisbury, and West

Newbury.

Middlesex County (part):

Townships of: Ayer,

Billerica, Carlisle,

Chelmsford, Dracut,

Dunstable, Groton,

Littleton,

Pepperell,Tewksbury,

Tyngsborough, and

Westford.

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\1\This date is November 15, 1990, unless otherwise noted.

[FR Doc. 96-1589 Filed 1-29-96; 8:45 am]

BILLING CODE 6560-50-P