
[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)]
[Rules and Regulations]
[Pages 93627-93631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30466]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2014-0720; A-1-FRL-9952-94-Region 1]


Air Plan Approval; MA; Infrastructure State Implementation Plan 
Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving most 
elements of State Implementation Plan (SIP) submissions from 
Massachusetts regarding the infrastructure requirements of the Clean 
Air Act (CAA or Act) for the 1997 ozone, 2008 lead (Pb), 2008 ozone, 
2010 nitrogen dioxide

[[Page 93628]]

(NO2), and 2010 sulfur dioxide (SO2) National 
Ambient Air Quality Standards (NAAQS). EPA is also conditionally 
approving three aspects of the Commonwealth's submittals. In addition, 
we are also making findings of failure to submit pertaining to various 
aspects of the prevention of significant deterioration (PSD) 
requirements of infrastructure SIPs. Lastly, we are removing 40 CFR 
52.1160 as legally obsolete. This action is being taken in accordance 
with the Clean Air Act.

DATES: This rule is effective on January 20, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2014-0720. All documents in the docket 
are listed on the http://www.regulations.gov Web site. 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 http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
New England Regional Office, Office of Ecosystem Protection, Air 
Quality Planning Unit, 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: Bob McConnell, Environmental Engineer, 
Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02), 
U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, 
Suite 100, Boston, Massachusetts, 02109-3912; (617) 918-1046; 
mcconnell.robert@epa.gov.

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

I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On July 20, 2016 (81 FR 47133), EPA published a Notice of Proposed 
Rulemaking (NPR) for the State of Massachusetts which proposed approval 
of most elements of SIP submissions from the Commonwealth regarding the 
infrastructure requirements of the CAA for the 1997 ozone, 2008 lead, 
2008 ozone, 2010 NO2, and 2010 SO2 NAAQS, 
proposed to conditionally approve three aspects of the Commonwealth's 
submittals, and proposed findings of failure to submit pertaining to 
various aspects of the PSD requirements of infrastructure SIPs. 
Additionally, we proposed to remove 40 CFR 52.1160 as legally obsolete. 
The Commonwealth submitted its infrastructure State Implementation Plan 
(ISIP) for the 1997 ozone NAAQS on December 14, 2007, its ISIP for the 
2008 Pb NAAQS on December 4, 2012, and its ISIPs for the 2008 ozone, 
2010 NO2, and 2010 SO2 NAAQS on June 6, 2014.
    Under sections 110(a)(1) and (2) of the CAA, states are required to 
submit infrastructure SIPs to ensure that their SIPs provide for 
implementation, maintenance, and enforcement of the NAAQS, including 
the 1997 ozone, 2008 Pb, 2008 ozone, 2010 NO2, and 2010 
SO2 NAAQS. These submissions must contain any revisions 
needed for meeting the applicable SIP requirements of section 
110(a)(2), or certifications that their existing SIPs for the NAAQS 
already meet those requirements. Table 1 below provides a summary of 
the actions we are taking on the various portions of the Commonwealth's 
infrastructure submittals.

                                       Table 1--Final Action on MA Infrastructure SIP Submittals for Various NAAQS
--------------------------------------------------------------------------------------------------------------------------------------------------------
             Element                    1997 Ozone                2008 Pb               2008 Ozone               2010 NO2                2010 SO2
--------------------------------------------------------------------------------------------------------------------------------------------------------
(A): Emission limits and other    CA                      CA                      CA                      CA                      CA
 control measures.
(B): Ambient air quality          A                       A                       A                       A                       A
 monitoring and data system.
(C)(i): Enforcement of SIP        A                       A                       A                       A                       A
 measures.
(C)(ii): PSD program for major    PF                      PF                      PF                      FS                      FS
 sources and major modifications.
(C)(iii): Permitting program for  A                       A                       A                       A                       A
 minor sources and minor
 modifications.
(D)(i)(I): Contribute to          NI                      A                       NS                      A                       NS
 nonattainment/interfere with
 maintenance of NAAQS (prongs 1
 and 2).
(D)(i)(II): PSD (prong 3).......  PF/CA                   PF/CA                   PF/CA                   FS/CA                   FS/CA
(D)(i)(II): Visibility            A                       A                       A                       A                       A
 Protection (prong 4).
(D)(ii): Interstate Pollution     PF                      PF                      PF                      FS                      FS
 Abatement.
(D)(ii): International Pollution  A                       A                       A                       A                       A
 Abatement.
(E)(i): Adequate resources......  A                       A                       A                       A                       A
(E)(ii): State boards...........  A                       A                       A                       A                       A
(E)(iii): Necessary assurances    NA                      NA                      NA                      NA                      NA
 with respect to local agencies.
(F): Stationary source            A                       A                       A                       A                       A
 monitoring system.
(G): Emergency power............  CA                      A                       CA                      A                       CA
(H): Future SIP revisions.......  A                       A                       A                       A                       A
(I): Nonattainment area plan or   +                       +                       +                       +                       +
 plan revisions under part D.
(J)(i): Consultation with         FS                      FS                      FS                      FS                      FS
 government officials.
(J)(ii): Public notification....  A                       A                       A                       A                       A
(J)(iii): PSD...................  PF                      PF                      PF                      FS                      FS
(J)(iv): Visibility protection..  +                       +                       +                       +                       +
(K): Air quality modeling and     A                       A                       A                       A                       A
 data.
(L): Permitting fees............  A                       A                       A                       A                       A
(M): Consultation and             A                       A                       A                       A                       A
 participation by affected local
 entities.
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[[Page 93629]]

    In the above table, the key is as follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
A......................................  Approve.
CA.....................................  Conditional approval.
FS.....................................  Finding of failure to submit.
NA.....................................  Not applicable.
NI.....................................  Not included in submittal we
                                          are acting on in today's
                                          action.
NS.....................................  No Submittal.
PF.....................................  Prior finding of failure to
                                          submit.
+......................................  Not germane to infrastructure
                                          SIPs.
------------------------------------------------------------------------

    The specific requirements of ISIPs and the rationale for EPA's 
proposed actions on the Commonwealth's submittals are explained in the 
NPR and will not be restated here. No public comments were received on 
the NPR.

II. Final Action

    EPA is approving most portions of Massachusetts ISIP submittals for 
the 1997 ozone, 2008 lead, 2008 ozone, 2010 NO2, and 2010 
SO2 NAAQS as outlined within Table 1 of this final 
rulemaking.
    Additionally, EPA is conditionally approving three portions of 
these submittals. First, for the five NAAQS listed within Table 1 we 
are conditionally approving an aspect of the Commonwealth's submittals 
for element 110(a)(2)(A) pertaining to ambient air quality standards 
because the current, SIP-approved version of 310 CMR 7.00, Air 
Pollution Control, does not reflect the current version of the various 
NAAQS we are taking action on in this rulemaking. However, by letter 
dated June 14, 2016, the Commonwealth committed to rectify this 
deficiency by adding a definition of NAAQS to 310 CMR 7.00 that 
includes a calendar date to address this issue. Therefore, EPA is 
conditionally approving this SIP revision. Second, we are conditionally 
approving the Commonwealth's submittals for element 110(a)(2)(G) 
pertaining to contingency plans for the 1997 ozone, 2008 ozone, and 
2010 SO2 NAAQS pursuant to Massachusetts commitment within 
their June 14, 2016 letter to submit a regulation meeting the 
contingency plan requirement of element 110(a)(2)(G). And last, we are 
conditionally approving the aspect of 110(a)(2)(D)(i)(II) for the five 
NAAQS listed within Table 1 pertaining to the Commonwealth's 
Nonattainment New Source Review (NNSR) program pursuant to the state's 
June 14, 2016 letter committing to submit portions of 310 CMR 7.00: 
Appendix A, to EPA as a SIP revision request. Massachusetts must make 
the above mentioned submittals to EPA by a date no later than one year 
from EPA's final action on these infrastructure SIPs. If the 
Commonwealth fails to do so, this approval will become a disapproval on 
that date, and we will notify Massachusetts by letter that this action 
has occurred. At that time, this commitment will no longer be a part of 
the approved Massachusetts SIP. EPA subsequently will publish a notice 
in the notice section of the Federal Register notifying the public that 
the conditional approval automatically converted to a disapproval. If 
the State meets its commitments within the applicable time frame, the 
conditionally approved submissions will remain a part of the SIP until 
EPA takes final action approving or disapproving the new legislative 
authority. If EPA disapproves the new submittal, these conditionally 
approved aspects of the Commonwealth's ISIPs will also be disapproved 
at that time. If EPA approves the Commonwealth's submittals, they will 
be fully approved in their entirety and replace the conditionally 
approved items in the Massachusetts SIP. If the conditional approval is 
converted to a disapproval, the final disapproval triggers the Federal 
implementation plan (FIP) requirement under section 110(c).
    As noted within Table 1 of this final rulemaking notice, we are 
also making findings of failure to submit for the aspects of the 
Commonwealth's ISIPs noted within CAA sections 110(a)(2)(C)(ii), 
(D)(i)(II), (D)(ii), J(i), and J(iii). These findings relate to 
inadequacies with Massachusetts' program for the prevention of 
significant deterioration (PSD), and are elaborated on within our July 
20, 2016 NPR. As mentioned in our proposed rulemaking, the Commonwealth 
is subject to a PSD Federal Implementation Plan (FIP), and has 
implemented and enforced the federal PSD program through a delegation 
agreement. See 76 FR 31241; May 31, 2011. Therefore, our findings of 
failure to submit will not trigger any additional FIP obligation by the 
EPA under section 110(c)(1), because the deficiency is addressed by the 
FIP already in place. Moreover, the state is not subject to mandatory 
sanctions solely as a result of this finding, because the SIP submittal 
deficiencies are neither with respect to a sub-element that is required 
under part D nor in response to a SIP call under section 110(k)(5) of 
the Act.
    Furthermore, as proposed, we are incorporating into the 
Massachusetts SIP sections 6 and 6A of the state's Conflict of Interest 
law, which the Commonwealth submitted on June 6, 2014, and are removing 
40 CFR 52.1160 regarding Massachusetts Low Emission Vehicle program in 
that this section is legally obsolete.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of M.G.L c. 
268A, sections 6 and 6A of the Commonwealth's Conflict of Interest law 
submitted to EPA on June 6, 2014, as described in the amendments to 40 
CFR part 52 set forth below. The EPA has made, and will continue to 
make, these documents generally available through http://www.regulations.gov.

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);
     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

[[Page 93630]]

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).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 21, 2017. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (see section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: September 13, 2016.
H. Curtis Spalding,
Regional Administrator, EPA New England.

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

PART 52--APPROVAL AND PROMULGATION OF AIR QUALITY IMPLEMENTATION 
PLANS

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

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

Subpart W--Massachusetts

0
2. Section 52.1119 is amended by adding paragraphs (a)(3) through (5) 
to read as follows:


Sec.  52.1119  Identification of plan-conditional approval

* * * * *
    (a) * * *
    (3) Massachusetts submitted an infrastructure State Implementation 
Plan (ISIP) for the 1997 ozone national ambient air quality standard 
(NAAQS) on December 14, 2007, submitted an ISIP for the 2008 Pb NAAQS 
on December 4, 2012, and submitted ISIPs for the 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS on June 6, 2014. On June 
14, 2016, Massachusetts submitted a letter committing to add a 
definition of NAAQS to Massachusetts regulation 310 CMR 7.00, and to 
submit the amended version of this regulation to EPA as a SIP revision 
request, by a date no later than one year from the effective date of 
EPA's actions on these ISIPs. In light of this commitment, the portion 
of the Commonwealth's ISIP submittals mentioned above made to address 
Clean Air Act section 110(a)(2)(A), Emission limits and other control 
measures, is conditionally approved.
    (4) Massachusetts submitted an infrastructure State Implementation 
Plan (ISIP) for the 1997 ozone national ambient air quality standard 
(NAAQS) on December 14, 2007, submitted an ISIP for the 2008 Pb NAAQS 
on December 4, 2012, and submitted ISIPs for the 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS on June 6, 2014. On June 
14, 2016, Massachusetts submitted a letter committing to submit 
portions of 310 CMR 7.00: Appendix A: Emission Offsets and 
Nonattainment Review, to EPA as a SIP revision request, by a date no 
later than one year from the effective date of EPA's actions on these 
ISIPs. In light of this commitment, the portions of the Commonwealth's 
ISIP submittals mentioned above made to address Clean Air Act section 
110 (a)(2)(D)(i)(II), PSD, is conditionally approved.
    (5) Massachusetts submitted an infrastructure State Implementation 
Plan (ISIP) for the 1997 ozone national ambient air quality standard 
(NAAQS) on December 14, 2007, and submitted ISIPs for the 2008 ozone 
and 2010 SO2 NAAQS on June 6, 2014. On June 14, 2016, 
Massachusetts submitted a letter committing to submit 310 CMR 8.00, The 
Prevention and/or Abatement of Air Pollution Episode and Air Pollution 
Incident Emergencies, to EPA as a SIP revision request, by a date no 
later than one year from the effective date of EPA's actions on these 
ISIPs. In light of this commitment, the portions of the Commonwealth's 
ISIP submittals mentioned above made to address Clean Air Act section 
110 (a)(2)(G), Emergency power, is conditionally approved.

0
3. Section 52.1120 is amended by adding paragraphs (c)(145) through 
(147) to read as follows:


Sec.  52.1120  Identification of plan

* * * * *
    (c) * * *
    (145) Revisions to the State Implementation Plan (SIP) submitted by 
the Massachusetts Department of Environmental Protection on December 
14, 2007. The submittal consists of an Infrastructure SIP for the 1997 
ozone national ambient air quality standard.
    (146) Revisions to the State Implementation Plan (SIP) submitted by 
the Massachusetts Department of Environmental Protection on December 4, 
2012. The submittal consists of an Infrastructure SIP for the 2008 lead 
national ambient air quality standard.
    (147) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on June 6, 2014. 
The submittal consists of Infrastructure SIPs for the 2008 ozone, 2010 
NO2, and 2010 SO2 national ambient air quality 
standards.
    (i) Incorporation by reference.
    (A) Section 6, ``Financial interest of state employee, relative, or 
associates; disclosure,'' of the Massachusetts General Laws Annotated, 
chapter 268A, ``Conduct of Public Officials and Employees,'' as amended 
by Statute 1978, chapter 210, Sec.  9.
    (B) Section 6A, ``Conflict of interest of public officials; 
reporting requirement,'' of the Massachusetts General Laws Annotated, 
chapter 268A, ``Conduct of Public Officials and Employees,'' as amended 
by Statute 1984, chapter 189, Sec.  163.


Sec.  52.1160  [Removed and Reserved]

0
4. Section 52.1160 is removed and reserved.

[[Page 93631]]


0
5. In Sec.  52.1167, Table 52.1167 is amended by adding a state 
citation for conflict of interest law at the end of the table to read 
as follows:


Sec.  52.1167  EPA-approved Massachusetts State regulations.

* * * * *

                                                    Table 52.1167--EPA-Approved Rules and Regulations
                                                               [See Notes at end of Table]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     Date
         State citation              Title/subject      Date submitted by State  approved by      Federal  Register      52.1120(c)  Comments/unapproved
                                                                                     EPA              citation                             sections
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                                                                      * * * * * * *
M.G.L. c. 268A, sections 6 and    Conduct of Public    June 6, 2014............     12/21/16  [Insert Federal Register          147  Approved Section 6:
 6A.                               Officials and                                               citation].                             Financial interest
                                   Employees.                                                                                         of state employee,
                                                                                                                                      relative or
                                                                                                                                      associates;
                                                                                                                                      disclosure, and
                                                                                                                                      Section 6A:
                                                                                                                                      Conflict of
                                                                                                                                      interest of public
                                                                                                                                      official;
                                                                                                                                      reporting
                                                                                                                                      requirement.
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Notes:
1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal SIP before this
  date.
2. The regulations are effective statewide unless otherwise stated in comments or title section.

[FR Doc. 2016-30466 Filed 12-20-16; 8:45 am]
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