
[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Rules and Regulations]
[Pages 7299-7301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03444]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2018-0771; FRL-9989-90-Region 1]


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

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. 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. These SIP revisions were 
submitted to meet Clean Air Act requirements with respect to EPA's 1997 
ozone, 2008 ozone, and 2010 SO2 National Ambient Air Quality 
Standards. This action is being taken under the Clean Air Act.

DATES: This rule is effective on April 3, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2018-0771. 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, 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 Massachusetts.

Table of Contents

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

I. Background and Purpose

    On December 4, 2018, (83 FR 62532), EPA published a notice of 
proposed rulemaking (NPRM) for the Commonwealth of Massachusetts. The 
NPRM proposed approval of 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. The 2011 emissions inventory and the 
emissions statement

[[Page 7300]]

certification submittals were made to meet, in part, requirements for 
marginal nonattainment areas for the 2008 ozone national ambient air 
quality standard (NAAQS). The Commonwealth revised its stationary 
source registration program primarily to match the lead reporting 
threshold within 40 CFR part 51, subpart A. Massachusetts submitted its 
regulation governing procedures during air pollution emergencies to 
meet the infrastructure planning requirement found within section 
110(a)(2)(G) of the Clean Air Act (CAA). Other specific requirements of 
the Commonwealth's SIP revisions and the rationale for our proposed 
action are explained in the NPRM and will not be restated here.
    We did not receive any comments on our NPRM.

II. Final Action

    EPA is approving SIP revisions submitted by the Commonwealth of 
Massachusetts representing a 2011 base year emissions inventory, an 
emissions statement certification, and revisions to 310 CMR 7.12, 
Source Registration. We are also converting our previous conditional 
approval of 310 CMR 8.00, The Prevention and/or Abatement of Air 
Pollution Episodes and Air Pollution Incident Emergencies, to a full 
approval.

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 310 CMR 
7.12, Source Registration, and 310 CMR 8.00, The Prevention and/or 
Abatement of Air Pollution Episodes and Air Pollution Incident 
Emergencies, 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 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). Therefore, these materials have been approved by EPA for 
inclusion in the State implementation plan, have been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference in 
the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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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);
     This action 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).
    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 May 3, 2019. 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, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: February 20, 2019.
Deborah A. Szaro,
Acting 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:


[[Page 7301]]


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

Subpart W--Massachusetts

0
2. In Sec.  52.1120(c), amend the table by:
0
a. Revising the entry ``310 CMR 7.12'';
0
b. Removing the fourth entry for ``Regulations for Prevention And/or 
Abatement of Air Pollution Episode and Air Pollution Incident 
Emergencies'' and the entry ``310 CMR 8.02 and 8.03''; and
0
c. Adding an entry ``310 CMR 8.00'' before the entry ``310 CMR 60.02''.
    The revision and addition reads as follows:


Sec.  52.1120  Identification of plan.

* * * * *
    (c) * * *

                                     EPA Approved Massachusetts Regulations
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                                                         State
       State citation            Title/subject      effective date  EPA approval date \1\       Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
310 CMR 7.12...............  U Source Registration        3/9/2018  3/4/2019, [Insert      Revisions made to
                                                                     Federal Register       existing
                                                                     citation].             requirements and
                                                                                            procedures for
                                                                                            emissions reporting.
 
                                                  * * * * * * *
310 CMR 8.00...............  The Prevention and/or        4/1/1994  3/4/2019, [Insert      Incorporates full
                              Abatement of Air                       Federal Register       version of 310 CMR
                              Pollution Episode                      citation].             8.00 into the
                              and Air Pollution                                             Massachusetts SIP,
                              Incident Emergencies.                                         and converts
                                                                                            conditional approval
                                                                                            at Sec.
                                                                                            52.1119(a)(5) to
                                                                                            full approval.
 
                                                  * * * * * * *
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\1\ 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.

* * * * *

0
3. Section 52.1125 is amended by adding paragraph (e) to read as 
follows:


Sec.  52.1125  Emission inventories.

* * * * *
    (e) The Commonwealth of Massachusetts submitted base year emission 
inventories representing emissions for calendar year 2011 for the Dukes 
county marginal 8-hour ozone nonattainment area on February 9, 2018, as 
a revision to the Massachusetts SIP. The 2011 base year emission 
inventory requirement of section 182(a)(1) of the Clean Air Act, as 
amended in 1990, has been satisfied for this area. The inventory 
consists of emission estimates of volatile organic compounds and 
nitrogen oxides, and applies to point, area, non-road mobile, on-road 
mobile and biogenic sources. The inventories were submitted as 
revisions to the Massachusetts SIP in partial fulfillment of 
obligations for nonattainment areas under EPA's 2008 8-hour ozone 
standard.

0
4. Section 52.1129 is amended by adding paragraph (l) to read as 
follows:


Sec.  52.1129  Control strategy: Ozone.

* * * * *
    (l) On February 9, 2018, Massachusetts submitted a certification 
that its air emissions reporting requirements applicable to stationary 
sources meet the emission statement requirements of section 
182(a)(3)(B) of the Clean Air Act. The certification was submitted as a 
SIP revision in partial fulfillment of obligations for nonattainment 
areas under EPA's 2008 8-hour ozone standard.

0
5. In Sec.  52.1167, Table 52.1167 is amended by adding entries for 
state citations ``310 CMR 7.12'' and ``310 CMR 8'' in numerical order 
by state citation and date approved by EPA 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         Date         Federal                      Comments/
    State citation       Title/subject    submitted   approved by      Register      52.1120(c)     unapproved
                                           by State       EPA          citation                      sections
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
310 CMR 7.12..........  U Source           5/10/2018     4/3/2019  [Insert Federal               Revisions made
                         Registration.                              Register                      to existing
                                                                    citation].                    requirements
                                                                                                  and procedures
                                                                                                  for emissions
                                                                                                  reporting.
 
                                                  * * * * * * *
310 CMR 8.............  The Prevention      2/9/2018     4/3/2019  [Insert Federal  ...........  Incorporates
                         and/or                                     Register                      full version
                         Abatement of                               citation].                    of 310 CMR
                         Air Pollution                                                            8.00 into the
                         Episode and                                                              Massachusetts
                         Air Pollution                                                            SIP, and
                         Incident                                                                 converts
                         Emergencies.                                                             conditional
                                                                                                  approval at
                                                                                                  Sec.
                                                                                                  52.1119(a)(5)
                                                                                                  to full
                                                                                                  approval.
 
                                                  * * * * * * *
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[FR Doc. 2019-03444 Filed 3-1-19; 8:45 am]
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