[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Proposed Rules]
[Pages 62532-62536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26283]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2018-0771; FRL-9987-00-Region 1]


Air Plan Approval; Massachusetts; Air Emissions Inventory, 
Emissions Statements, Source Registration, and Emergency Episode 
Planning Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve State Implementation Plan (SIP) revisions submitted by the 
Commonwealth of Massachusetts. The revisions establish a 2011 base year 
emissions inventory, an emissions statement certification, revisions to 
an existing stationary source registration program, and requirements to 
be undertaken during air pollution emergencies. This action is being 
taken under the Clean Air Act.

[[Page 62533]]


DATES: Written comments must be received on or before January 3, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2018-0771 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets. Publicly 
available docket materials are available at https://www.regulations.gov 
or at the U.S. Environmental Protection Agency, EPA Region 1 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; 
[email protected].

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.

Table of Contents

I. Background
II. Description and Evaluation of Commonwealth's Submittals
    A. Emissions Statement Certification
    B. 2011 Base Year Emissions Inventory
    C. Stationary Source Registration Requirements
    D. Emergency Episode Planning Provisions
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On March 12, 2008, the EPA revised both the primary and secondary 
NAAQS for ozone to a level of 0.075 parts per million (ppm) (annual 
fourth-highest daily maximum 8-hour average concentration, averaged 
over three years) to provide increased protection of public health and 
the environment (73 FR 16436, March 27, 2008). The 2008 ozone NAAQS 
retains the same general form and averaging time as the 0.08 ppm NAAQS 
set in 1997, but is set at a more protective level. Under the EPA's 
regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is attained 
when the 3-year average of the annual fourth highest daily maximum 8-
hour average ambient air quality ozone concentrations is less than or 
equal to 0.075 ppm. See 40 CFR 50.15.
    Effective July 20, 2012, the EPA designated as nonattainment any 
area that was violating the 2008 8-hour ozone NAAQS based on the three 
most recent years (2008-2010) of air monitoring data (77 FR 30088, May 
21, 2012). Within that rulemaking, Dukes County in Massachusetts was 
designated as a marginal ozone nonattainment area. Pursuant to section 
182(a) of the Clean Air Act (CAA), marginal ozone nonattainment areas 
are required to submit a number of SIP revisions, including, pursuant 
to section 182(a)(1), an emissions inventory containing actual emission 
estimates from all sources, and, pursuant to section 182(a)(3)(B), an 
emissions statement program to collect actual emissions data from 
certain industrial sources within the state. Massachusetts accomplishes 
the latter by means of requirements within title 310 of the Code of 
Massachusetts Regulations (CMR), specifically, within 310 CMR 7.12, 
Source Registration.
    Each time EPA revises a NAAQS, states are required by section 
110(a)(2) to submit a certification that their SIP contains the 
necessary requirements to carry out all the state's obligations under 
the CAA. These SIPs are referred to as infrastructure SIPs, and EPA 
conditionally approved several aspects of Massachusetts' infrastructure 
SIPs for the 1997 ozone, 2008 ozone, and 2010 SO2 NAAQS. See 
81 FR 93627 (December 21, 2016). On February 9, 2018, Massachusetts 
submitted 310 CMR 8.00, The Prevention and/or Abatement of Air 
Pollution Episode and Air Pollution Incident Emergencies, to satisfy 
one of the conditions within EPA's December 21, 2016, final rule.

II. Description and Evaluation of Commonwealth's Submittals

A. Emissions Statement Certification

    EPA's implementation rule for the 2008 ozone NAAQS, herein referred 
to as the 2008 ozone rule, was published in the Federal Register on 
March 6, 2015. See 80 FR 12264. The 2008 ozone rule notes than many 
areas that were nonattainment for the 2008 ozone NAAQS had previously 
adopted an emissions statement reporting program due to being 
nonattainment for a prior ozone NAAQS. For these areas, the 2008 ozone 
rule indicates that the state should review its existing rule to see 
whether it still meets the requirements of section 182(a)(3)(B) of the 
CAA, and if the state determines that it does, the state may submit a 
SIP revision certification to that effect to meet this obligation for 
purposes of the 2008 ozone NAAQS.
    On February 9, 2018, Massachusetts submitted an emissions statement 
certification as a SIP revision request. The submittal notes that 
Massachusetts had previously adopted an emissions statement program 
pursuant to obligations it had under the one-hour ozone standard, and 
that EPA approved that program into the Massachusetts SIP on March 24, 
1996. See 61 FR 11556. Massachusetts reviewed its current set of air 
pollution reporting requirements and confirmed that pursuant to its 
authority under 310 CMR 7.12, Source Registration, all stationary 
sources of volatile organic compounds (VOCs) and/or nitrogen oxides 
(NOX) that emit 25 tons or more per year of those pollutants 
are required to report their emissions to the Commonwealth, along with 
a certification as to the accuracy of the reported emissions. EPA has 
approved 310 CMR 7.12 into the Massachusetts SIP, most recently on 
April 24, 2014. See 79 FR 22774. Emissions from smaller stationary 
sources that emit less than 25 tons per year of VOC and/or 
NOX are inventoried as area sources within emissions 
inventories prepared by the Commonwealth, such as the 2011 emissions 
inventory that is described in section II.B of this proposal. Given the 
above, we propose to approve Massachusetts' emissions statement

[[Page 62534]]

certification for purposes of the 2008 ozone NAAQS.

B. 2011 Base Year Emissions Inventory

    CAA section 172(c)(3) requires that each SIP include a 
``comprehensive, accurate, current inventory of actual emissions from 
all sources of the relevant pollutant or pollutants in [the] area. . . 
.'' In requiring an accounting of actual emissions from all sources of 
the relevant pollutants in the area, this section provides for the 
``base year'' inventory to include all emissions that contribute to the 
formation of a particular NAAQS pollutant. Additionally, for the 2008 
ozone NAAQS, EPA's March 6, 2015, ozone rule recommended 2011 be used 
as the base year.
    On February 9, 2018, the Commonwealth submitted to EPA an emissions 
inventory of ozone precursors for 2011 as a SIP revision request. The 
inventory was submitted to meet the CAA section 182(a)(3)(A) obligation 
to develop a base year inventory. Massachusetts conducted a public 
comment process on the inventory which concluded on February 2, 2018. 
The inventories include emission estimates in tons per summer day and 
represent emissions estimates from stationary and mobile source 
categories during a typical summer day when ozone formation is highest. 
The ozone emissions inventory catalogs NOX and VOC emissions 
because these pollutants are precursors to ozone formation. The 
Commonwealth's 2011 emissions inventory contains emission estimates for 
each county in the Commonwealth.\1\
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    \1\ Although the Massachusetts 2011 emissions inventory contains 
emissions estimates for all counties in the Commonwealth, pursuant 
to Section 182(a)(3)(A), only an inventory for the Commonwealth's 
marginal nonattainment area, Dukes county, was required.
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    The Massachusetts 2011 emission inventory documents the procedures 
used to estimate emissions from individual stationary sources, referred 
to as point sources. The inventory describes how individual industrial 
sources with emissions as low as 1 ton per year submit, by means of the 
Massachusetts Department of Environmental Protections (MA-DEPs) 
``eDEP'' online application, information on fuel use, materials use, 
air pollution control equipment, and air emissions. The Commonwealth 
transmitted its 2011 point source air emissions data to EPA's National 
Emissions Inventory (NEI) database in accordance with the requirements 
found within 40 CFR part 51, subpart A.
    Area source emission estimates are made for small, stationary 
sources of air pollution that do not emit much individually but do have 
significant emissions collectively. Examples include gasoline stations, 
automobile refinishing shops, and architectural and industrial 
maintenance coatings. The Commonwealth's area source emissions 
inventory identifies the source categories for which the Commonwealth 
relied upon EPA's estimates, provides information on any adjustments 
made to EPA estimates, and notes which categories' emission estimates 
were prepared by the Commonwealth. The inventory also explains how 
double counting was avoided between emissions from facilities 
inventoried as individual point sources and area source emission 
estimates.
    Massachusetts relied upon emission estimates obtained from EPA's 
Motor Vehicle Emissions Simulator (MOVES) model to calculate emissions 
for on-road and most non-road mobile source sectors. The Commonwealth 
provided the model with local activity inputs including vehicle miles 
traveled (VMT) provided by the Massachusetts Department of 
Transportation, and data on vehicle type from the Massachusetts 
Registry of Motor Vehicles. Massachusetts also provided inputs to the 
model for meteorological parameters and fuel characteristics.
    We propose to find that the air emission estimates for these 
sources were adequately accounted for in the Commonwealth's 2011 
emissions inventory. The methodology used to calculate emissions for 
each source category followed relevant EPA guidance, most notably the 
July 2017 guidance entitled ``Emissions Inventory Guidance for 
Implementation of Ozone and Particulate Matter National Ambient Air 
Quality Standards and Regional Haze Regulations.'' Additionally, the 
Commonwealth used appropriate, documented emission factors, or relied 
on emission estimates prepared for EPA's National Emissions Inventory. 
Furthermore, the inventory submittal is sufficiently documented as to 
the techniques used to prepare the emission estimates.
    Table 1 shows the emissions by source category, in tons per summer 
day (tpsd), from the 2011 base year emission inventory for Dukes 
County.

          Table 1--Emissions Inventory Summary for Dukes County
                            [Tons/summer day]
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                                                   Dukes County
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Source..................................             VOC             NOX
Point...................................            0.09            0.67
Area....................................            1.20            0.06
Nonroad.................................            4.01            6.47
Onroad..................................            0.10            0.21
Biogenic................................            3.31            0.19
                                         -------------------------------
    Totals..............................            8.71            7.00
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    Additional details regarding the Massachusetts emissions inventory 
are included in the Commonwealth's 2011 Periodic Emissions Inventory 
document, which is available in the docket for this proposed 
rulemaking. The inventories are based on the most current and accurate 
information available to the Commonwealth at the time the inventories 
were being developed. Additionally, the inventories comprehensively 
address all source categories in the Commonwealth's nonattainment area 
and were developed consistent with the relevant EPA inventory guidance. 
For these reasons, we are proposing to approve the 2011 base year 
emissions inventory for Dukes county into the Massachusetts SIP as 
meeting the requirements of CAA section 172(c)(3).

[[Page 62535]]

C. Stationary Source Registration Requirements

    On May 10, 2018, Massachusetts submitted updates to 310 CMR 7.12, 
Source Registration, which provides the applicability levels and 
reporting requirements for industrial sources to use to report air 
emissions data to the Commonwealth. The revisions include an exemption 
for small combustion sources whose only emissions come from burning oil 
or gas, a revision to the annual reporting due date for some filers, 
and a lowered reporting threshold for lead.
    The Commonwealth's previous reporting thresholds had been quite 
low, requiring approximately 2,300 individual facilities to report 
their air emissions to the Commonwealth, and was considerably lower 
than required by the federal reporting guidelines found within 40 CFR 
part 51, subpart A, Air Emissions Reporting Requirements. Subpart A 
essentially only requires sources considered major for Title V 
permitting purposes to report their emissions to the state. The 
Commonwealth's reporting requirements will continue to be more 
stringent than what is minimally required by 40 CFR part 51, subpart A, 
after accounting for the exemption. Additionally, emissions from the 
small, exempted sources will be covered within the area source portion 
of the emission inventories that the Commonwealth periodically 
prepares.
    Subpart A's air emissions reporting requirements directs states to 
report their data to EPA by December 31 of the year following that in 
which the emissions occurred. To accomplish this, states set reporting 
deadlines generally in the springtime for sources to report their 
emissions to the state. Massachusetts has moved up some of its 
reporting deadlines for sources reporting to the Commonwealth in order 
to provide the Commonwealth with more time to review the submitted 
information and prepare electronic files for submittal to EPA.
    In February of 2015, EPA made a number of changes to the air 
emissions reporting requirements of 40 CFR part 51, subpart A, 
including a lowering of the threshold for sources emitting lead from 5 
tons per year to 0.5 tons per year. The Commonwealth is, therefore, 
modifying its lead reporting threshold to match the new federal 
reporting threshold of 0.5 tons per year.
    In addition to the above, Massachusetts made several other minor 
updates and clarifications to 310 CMR 7.12. These changes, as well as 
additional details regarding the changes described above, are available 
within the Commonwealth's SIP submittal which is available in the 
docket for this action. We are proposing approval of these revisions 
for the reasons stated above.

D. Emergency Episode Planning Provisions

    On February 9, 2018, Massachusetts submitted 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. The 
Commonwealth submitted this regulation in response to EPA's December 
21, 2016, final rule, which conditionally approved one aspect of the 
Commonwealth's Infrastructure SIP submissions for CAA section 
110(a)(2)(G) for the 1997 ozone, 2008 ozone, and 2010 SO2 
NAAQS. See 81 FR 93629. Specifically, EPA conditionally approved the 
submissions for the contingency plan requirements of section 
110(a)(2)(G). Additional details regarding EPA's rationale for 
requiring that the Commonwealth revise its SIP to address this issue 
are explained within our July 20, 2016, Notice of Proposed Rulemaking. 
See 81 FR 47133.
    We propose that 310 CMR 8.00 satisfies the contingency plan 
requirements of CAA section 110(a)(2)(G) and implementing regulations 
at 40 CFR part 51, subpart H. More specifically, 310 CMR 8.00 is 
modeled on EPA's example regulations for emergency contingency plans at 
40 CFR part 51, appendix L, and specifies episode criteria and control 
actions for air pollution alerts, warnings, and emergencies to prevent 
ambient pollution concentrations from reaching significant harm levels, 
thereby satisfying 40 CFR 51.151 and 51.152(a)(1) and (3). See 310 CMR 
8.03 and 8.07. Section 8.03 also specifically provides for acquisition 
of forecasts of atmospheric stagnation conditions from the National 
Weather Service (NWS), thereby satisfying 40 CFR 51.152(b)(1). See 310 
CMR 8.03(1)(a). Moreover, the Commonwealth, as a matter of practice, 
posts on the internet daily forecasted ozone and fine particle levels 
through the EPA AirNow and EPA EnviroFlash systems. Information 
regarding these two systems is available on EPA's website at https://www.airnow.gov. Notices are sent out to EnviroFlash participants when 
levels are forecast to exceed the current 8-hour ozone and fine 
particle standards. In addition, when levels are expected to exceed 
these standards in Massachusetts, the media are alerted via a press 
release, and the NWS is alerted to issue an Air Quality Advisory 
through the normal NWS weather alert system. See also 310 CMR 8.05(4). 
These actions are similar to the notification and communication 
requirements of 40 CFR 51.152(a)(2), (b)(1), and (b)(3). Finally, 
Massachusetts' emergency contingency plan satisfies 40 CFR 51.152(b)(2) 
insofar as 310 CMR 8.22 authorizes state and local police, fire 
department officials, and public health officials to enforce compliance 
with applicable emergency control action requirements.
    For these reasons, EPA proposes that 310 CMR 8.00 satisfies the 
requirements of CAA Sec.  110(a)(2)(G) and 40 CFR part 51, subpart H. 
Consequently, we propose to approve 310 CMR 8.00 into the Massachusetts 
SIP and to convert to full approvals the previous conditional approvals 
for the contingency plan requirements of CAA Sec.  110(a)(2)(G) for the 
1997 ozone, 2008 ozone, and 2010 SO2 NAAQS infrastructure 
SIPs.

III. Proposed Action

    EPA is proposing to approve SIP revisions submitted by the 
Commonwealth of Massachusetts representing a 2011 base year emissions 
inventory, an emissions statement certification, revisions to 310 CMR 
7.12, Source Registration, and 310 CMR 8.00, The Prevention and/or 
Abatement of Air Pollution Episode and Air Pollution Incident 
Emergencies. EPA also proposes to convert to full approvals the 
previous conditional approvals for the contingency plan requirements of 
CAA Sec.  110(a)(2)(G) for the 1997 ozone, 2008 ozone, and 2010 
SO2 NAAQS infrastructure SIPs. EPA is soliciting public 
comments on the issues discussed in this document or on other relevant 
matters. These comments will be considered before taking final action. 
Interested parties may participate in the Federal rulemaking procedure 
by submitting written comments to this proposed rulemaking by following 
the instructions listed in the ADDRESSES section of this Federal 
Register.

IV. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference 310 CMR 7.12, Source Registration, discussed in section 2.C. 
of this preamble, and 310 CMR 8.00, The Prevention and/or Abatement of 
Air Pollution Episodes and Air Pollution Incident Emergencies, 
discussed in section 2. D. of this preamble. The EPA has made, and will 
continue to make, these documents generally available

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through https://www.regulations.gov and at the EPA Region 1 Office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information).

V. 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 proposed 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 proposed 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);
     This action is not expected to be 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: November 28, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
[FR Doc. 2018-26283 Filed 12-3-18; 8:45 am]
 BILLING CODE 6560-50-P


