[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Rules and Regulations]
[Pages 5572-5574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01113]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2008-0108; FRL-10004-34-Region 1]


Air Plan Approval; Massachusetts; Transport State Implementation 
Plan for the 2015 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the Commonwealth of 
Massachusetts that address the interstate transport of air pollution 
requirements of section 110(a)(2)(D)(i)(I) of the Clean Air Act for the 
2015 ozone national ambient air quality standard (NAAQS) (i.e., ozone 
transport SIP). The EPA is approving the submission as meeting the 
requirement that each SIP contain adequate provisions to prohibit 
emissions that will significantly contribute to nonattainment or 
interfere with maintenance of the 2015 ozone NAAQS in any other state. 
This action is being taken in accordance with the Clean Air Act.

DATES: This rule is effective on March 2, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2008-0108. All documents in the docket 
are listed on the https://www.regulations.gov website. 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 at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
Region 1 Regional Office, Air and Radiation Division, 5 Post Office 
Square--Suite 100, Boston, MA. EPA requests that if at all possible, 
you contact the contact 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 a.m. to 4:30 p.m., 
excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Branch, 
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office 
Square--Suite 100, (Mail code 05-2), Boston, MA 02109--3912, tel. (617) 
918-1684, email simcox.alison@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background
II. Response to Comment
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On August 14, 2019 (84 FR 40344), EPA published a notice of 
proposed rulemaking (NPRM) for the Commonwealth of Massachusetts. The 
NPRM proposed approval of SIP revisions that address the interstate 
transport of air pollution requirements of section 110(a)(2)(D)(i)(I) 
of the Clean Air Act for the 1997, 2008, and 2015 ozone national 
ambient air quality standards (NAAQS) (i.e., transport SIPs). The 
formal SIP revisions were submitted by Massachusetts on January 31, 
2008; February 9, 2018; and September 27, 2018, respectively. In this 
action, we are approving the transport SIP for the 2015 ozone NAAQS. We 
previously approved the transport SIPs for the 1997 and 2008 ozone 
NAAQS. See 84 FR 59728 (November 6, 2019).

[[Page 5573]]

    The rationale for EPA's proposed action is given in the NPRM and 
will not be restated here. EPA received one public comment on the NPRM.

II. Response to Comment

    EPA received a comment during the comment period stating that EPA 
cannot finalize action on this SIP revision as it relies on ``a rule 
that a court has now vacated,'' referring to the September 13, 2019, 
ruling by the United States Court of Appeals for the District of 
Columbia Circuit in Wisconsin v. EPA, 938 F.3d 303, on EPA's Cross 
State Air Pollution Rule Update for the 2008 Ozone NAAQS (``CSAPR 
Update''), 81 FR 74504 (October 26, 2016). The commenter stated that 
the EPA must disapprove this revision as a result of the court 
decision.
    As an initial matter, the commenter is incorrect; the court 
remanded the CSAPR Update to EPA but did not vacate it. Wisconsin, 938 
F.3d at 336. Furthermore, the commenter does not specify how it 
believes the Wisconsin decision should impact the EPA's evaluation of 
the Commonwealth's Transport SIP for the 2015 ozone NAAQS.\1\ 
Nonetheless, our proposed approval did not rely on any analysis 
conducted for, or determinations made in, the CSAPR Update. See 84 FR 
at 40347-48. Rather, our proposed approval relied on an evaluation of 
air quality in 2023 to determine that emissions from Massachusetts 
``will'' not significantly contribute to nonattainment or interfere 
with maintenance of the 2015 ozone NAAQS in any downwind state. See id. 
The Wisconsin opinion affirmed that EPA's reliance on the evaluation of 
air quality in a future year is a reasonable interpretation of the Good 
Neighbor Provision. 938 F.3d at 322. Consequently, the commenter has 
not identified any basis on which EPA must disapprove Massachusetts' 
Transport SIP for the 2015 ozone NAAQS in light of the Wisconsin 
decision.
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    \1\ For our response to the comment as it pertains to the 
Massachusetts' transport SIPs for the 1997 and 2008 ozone NAAQS, see 
84 FR 59728 (November 6, 2019).
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    EPA's proposal demonstrates that Massachusetts will not 
significantly contribute to nonattainment or interfere with maintenance 
of the 2015 ozone NAAQS in any other state, and Wisconsin v. EPA does 
not affect that finding or otherwise impact approval of the 
Commonwealth's Transport SIP for the 2015 ozone NAAQS.

III. Final Action

    EPA is approving a transport SIP that was submitted to address 
interstate transport requirements for CAA section 110(a)(2)(D)(i)(I) 
for the 2015 ozone NAAQS as a revision to the Massachusetts SIP.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 regulatory action because 
this action is not significant under Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is 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.);
     Does 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);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is 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
     Does 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Particulate matter, Volatile 
organic compounds.

    Dated: January 13, 2020.
Dennis Deziel,
 Regional Administrator, EPA Region 1.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

0
2. In Sec.  52.1120, the table in paragraph (e) is amended by adding an 
entry for ``Interstate transport requirements of CAA for 2015 Ozone 
NAAQS'' after the entry for ``Interstate transport requirements of CAA 
for 2008 Ozone NAAQS'' to read as follows:

[[Page 5574]]

 Sec.  52.1120   Identification of plan.

* * * * *
    (e) * * *

                                          Massachusetts Non Regulatory
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                                      Applicable        State submittal
   Name of  nonregulatory  SIP       geographic or      date/effective    EPA approved  date     Explanations
            provision             nonattainment area         date                 \3\
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                                                  * * * * * * *
Interstate transport              Statewide.........  September 27, 2018  1/31/2020           Approved with
 requirements of CAA for 2015                                             [Insert Federal      respect to
 Ozone NAAQS.                                                              Register            requirements for
                                                                           citation].          CAA section
                                                                                               110(a)(2)(D)(i)(I
                                                                                               ).
 
                                                  * * * * * * *
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\3\ To determine the EPA effective date for a specific provision listed in this table, consult the Federal
  Register notice cited in this column for the particular provision.


[FR Doc. 2020-01113 Filed 1-30-20; 8:45 am]
BILLING CODE 6560-50-P


