Prevention of Significant Deterioration (PSD) Program; Massachusetts; Announcing Delegation Agreement Between EPA and Massachusetts Department of Environmental Protection, 31241-31242 [2011-12950]
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Federal Register / Vol. 76, No. 104 / Tuesday, May 31, 2011 / Rules and Regulations
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 1, 2011. 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
40 CFR part 52 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 et seq.
Subpart B—Alabama
2. Section 52.62 is amended by adding
paragraph (b) to read as follows:
■
§ 52.62 Control strategy: Sulfur oxides and
particulate matter.
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*
*
*
*
(b) Determination of Attaining Data.
EPA has determined, as of May 31,
2011, the Chattanooga, Tennessee,
nonattainment area has attaining data
for the 1997 annual PM2.5 NAAQS. This
determination, in accordance with 40
CFR 52.1004(c), suspends the
requirements for this area to submit an
attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
planning SIPs related to attainment of
the standard for as long as this area
VerDate Mar<15>2010
14:21 May 27, 2011
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ACTION:
Subpart L—Georgia
This document announces
that effective April 11, 2011, EPA
Region 1 has signed an agreement with
the Massachusetts Department of
Environmental Protection (MassDEP)
delegating authority to implement and
enforce the Federal Prevention of
Significant Deterioration (PSD) program
to the MassDEP. Therefore, effective that
date, MassDEP is the implementing
authority for the PSD program in
Massachusetts. This document explains
the consequences of this change for
owners and operators of sources that
have PSD permits or that will need such
permits in the future.
DATES: Effective Date: EPA’s PSD
program delegation agreement with the
MassDEP is effective on April 11, 2011.
ADDRESSES: The Delegation Agreement
is available either electronically through
https://www.epa.gov/NE/communities/
nseemissions.html or in hard copy at the
Office of Ecosystem Protection, 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 to 4:30,
excluding legal holidays.
Copies of the Delegation Agreement
are also available for public inspection
during normal business hours, by
appointment at the Division of Air
Quality Control, Department of
Environmental Protection, One Winter
Street, 8th Floor, Boston, MA.
FOR FURTHER INFORMATION CONTACT:
Brendan McCahill, EPA Region 1, (617)
918–1652, or send an e-mail to
mccahill.brendan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background: On June 30, 1982 EPA
delegated authority to implement the
Federal PSD program in 40 CFR 52.21
to the MassDEP. On December 31, 2002,
EPA published in the Federal Register
revisions to the Federal PSD regulations
(67 FR 80186). A final rule revising the
Federal portions of implementation
plans in 40 CFR part 52 to include the
revisions to the Federal PSD regulations
was published in the Federal Register
on March 10, 2003. Both of these actions
were effective on March 3, 2003.
On February 27, 2003, the MassDEP
notified the Regional Administrator of
EPA Region 1 that the MassDEP would
not accept authority for the
3. Section 52.578 is amended by
adding paragraph (b) to read as follows:
■
§ 52.578 Control Strategy: Sulfur oxides
and particulate matter.
*
*
*
*
*
(b) Determination of Attaining Data.
EPA has determined, as of May 31,
2011, the Chattanooga, Tennessee,
nonattainment area has attaining data
for the 1997 annual PM2.5 NAAQS. This
determination, in accordance with 40
CFR 52.1004(c), suspends the
requirements for this area to submit an
attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
planning SIPs related to attainment of
the standard for as long as this area
continues to meet the 1997 annual PM2.5
NAAQS.
Subpart RR—Tennessee
4. Section 52.2231 is amended by
adding paragraph (c) to read as follows:
■
*
*
*
*
(c) Determination of Attaining Data.
EPA has determined, as of May 31,
2011, the Chattanooga, Tennessee,
nonattainment area has attaining data
for the 1997 annual PM2.5 NAAQS. This
determination, in accordance with 40
CFR 52.1004(c), suspends the
requirements for this area to submit an
attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
planning SIPs related to attainment of
the standard for as long as this area
continues to meet the 1997 annual PM2.5
NAAQS.
[FR Doc. 2011–13269 Filed 5–27–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[A–1–FRL–9310–9]
Prevention of Significant Deterioration
(PSD) Program; Massachusetts;
Announcing Delegation Agreement
Between EPA and Massachusetts
Department of Environmental
Protection
Environmental Protection
Agency (EPA).
AGENCY:
PO 00000
Frm 00025
Fmt 4700
Announcement of delegation
agreement.
SUMMARY:
*
Dated: May 19, 2011.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
*
continues to meet the 1997 annual PM2.5
NAAQS.
§ 52.2231 Control strategy: Sulfur oxides
and particulate matter.
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter.
31241
Sfmt 4700
E:\FR\FM\31MYR1.SGM
31MYR1
31242
Federal Register / Vol. 76, No. 104 / Tuesday, May 31, 2011 / Rules and Regulations
implementation of the amended PSD
program and was ending its June 30,
1982, agreement with EPA to assume
responsibility for implementing the
Federal PSD regulations. The letter from
the MassDEP explained that the
MassDEP would no longer implement
the Federal PSD program as of March 3,
2003. Consequently, as of March 3,
2003, sources of air pollution located in
Massachusetts and subject to the
Federal PSD program were required to
apply for and receive a PSD permit from
EPA New England before beginning
actual construction.
On June 17, 2003, EPA published a
Federal Register announcing the
MassDEP’s decision to end its
delegation agreement with the EPA and
explaining the consequences of this
decision for owners and operators of
sources that have PSD permits or that
will need such permits in the future (68
FR 35881).
On April 4, 2011, the Commissioner
of the MassDEP signed a delegation
agreement under which EPA would
again delegate responsibility for
conducting source review under the
Federal PSD regulations to the
MassDEP.
II. Final Action: On April 11, 2011,
the Regional Administrator of EPA
Region 1 signed the delegation
agreement, which is entitled
‘‘Agreement for Delegation of the
Federal Prevention of Significant
Deterioration Program by the United
States Environmental Protection
Agency, Region 1 to the Massachusetts
Department of Environmental
Protection,’’ and which sets forth the
terms and conditions according to
which the MassDEP agrees to
implement and enforce the Federal PSD
program. The Regional Administrator’s
signature on the delegation agreement
grants full delegation of the Federal PSD
regulations at 40 CFR 52.21 to the
MassDEP pursuant to the terms and
conditions of the delegation agreement,
40 CFR 52.21(u), and the requirements
of the Clean Air Act.
Effective on April 11, 2011, all permit
applications for new or modified major
sources and all other information
pursuant to 40 CFR 52.21 for sources in
Local agency
the Commonwealth of Massachusetts,
and all inquiries regarding the
implementation of 40 CFR 52.21 in the
Commonwealth, should be sent directly
to the MassDEP at the following
address: Massachusetts Department of
Environmental Protection, One Winter
Street, Boston, MA, 02108. In addition,
the MassDEP will assume responsibility
to administer and enforce all PSD
permits issued in Massachusetts,
including those PSD permits already
issued by EPA. EPA retains authority to
issue and administer permits in certain
limited areas of federal jurisdiction
defined in the delegation agreement,
and also retains authority to issue a PSD
permit to Pioneer Valley Energy Center
(PVEC) in Westfield, Massachusetts.
Finally, EPA retains certain oversight
roles regarding federal requirements,
which are set forth in detail in the
delegation agreement.
[FR Doc. 2011–12950 Filed 5–27–11; 8:45 am]
BILLING CODE 6560–50–P
FOR FURTHER INFORMATION CONTACT:
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: May 13, 2011.
Ira W. Leighton,
Acting Regional Administrator, EPA New
England.
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R09–OAR–2010–0418; FRL–9249–3]
Table of Contents
Revisions to the California State
Implementation Plan, Santa Barbara
County Air Pollution Control District
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
AGENCY:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
I. Proposed Action
EPA is finalizing a limited
approval and limited disapproval of
revisions to the Santa Barbara County
On August 2, 2010 (75 FR 45082),
EPA proposed a limited approval and
limited disapproval of the following
rules that were submitted for
incorporation into the California SIP.
SUMMARY:
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SBCAPCD ................................................
333
Jkt 223001
Idalia Perez, EPA Region IX, (415) 942–
3248, perez.idalia@epa.gov.
40 CFR Part 52
361
14:21 May 27, 2011
ADDRESSES:
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
SBCAPCD ................................................
VerDate Mar<15>2010
Effective Date: This rule is
effective on June 30, 2011.
DATES:
EPA has established docket
number EPA–R09–OAR–2010–0418 for
this action. The index to the docket is
available electronically at https://
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
Rule No.
We proposed a limited approval
because we determined that these rules
Air Pollution Control District
(SBCAPCD) portion of the California
State Implementation Plan (SIP). This
action was proposed in the Federal
Register on August 2, 2010 and
concerns oxides of nitrogen (NOx)
emissions from boilers, steam generators
and process heaters with a rated heat
input rate greater than 2 million BTU/
hr and less than 5 million BTU/hr and
internal combustion engines with a
rated brake horse power of 50 or greater.
Under authority of the Clean Air Act as
amended in 1990 (CAA or the Act), this
action simultaneously approves local
rules that regulates these emission
sources and directs California to correct
rule deficiencies.
Rule title
Small Boilers, Steam Generators and Process
Heaters.
Control of Emissions from Reciprocating Internal
Combustion Engines.
improve the SIP and are largely
consistent with the relevant CAA
PO 00000
Adopted
Frm 00026
Fmt 4700
Sfmt 4700
Submitted
01/17/08
07/18/08
06/19/08
10/20/08
requirements. We simultaneously
proposed a limited disapproval because
E:\FR\FM\31MYR1.SGM
31MYR1
]]>Agencies
[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Rules and Regulations]
[Pages 31241-31242]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12950]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[A-1-FRL-9310-9]
Prevention of Significant Deterioration (PSD) Program;
Massachusetts; Announcing Delegation Agreement Between EPA and
Massachusetts Department of Environmental Protection
AGENCY: Environmental Protection Agency (EPA).
ACTION: Announcement of delegation agreement.
-----------------------------------------------------------------------
SUMMARY: This document announces that effective April 11, 2011, EPA
Region 1 has signed an agreement with the Massachusetts Department of
Environmental Protection (MassDEP) delegating authority to implement
and enforce the Federal Prevention of Significant Deterioration (PSD)
program to the MassDEP. Therefore, effective that date, MassDEP is the
implementing authority for the PSD program in Massachusetts. This
document explains the consequences of this change for owners and
operators of sources that have PSD permits or that will need such
permits in the future.
DATES: Effective Date: EPA's PSD program delegation agreement with the
MassDEP is effective on April 11, 2011.
ADDRESSES: The Delegation Agreement is available either electronically
through https://www.epa.gov/NE/communities/nseemissions.html or in hard
copy at the Office of Ecosystem Protection, 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 to 4:30, excluding legal
holidays.
Copies of the Delegation Agreement are also available for public
inspection during normal business hours, by appointment at the Division
of Air Quality Control, Department of Environmental Protection, One
Winter Street, 8th Floor, Boston, MA.
FOR FURTHER INFORMATION CONTACT: Brendan McCahill, EPA Region 1, (617)
918-1652, or send an e-mail to mccahill.brendan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background: On June 30, 1982 EPA delegated authority to
implement the Federal PSD program in 40 CFR 52.21 to the MassDEP. On
December 31, 2002, EPA published in the Federal Register revisions to
the Federal PSD regulations (67 FR 80186). A final rule revising the
Federal portions of implementation plans in 40 CFR part 52 to include
the revisions to the Federal PSD regulations was published in the
Federal Register on March 10, 2003. Both of these actions were
effective on March 3, 2003.
On February 27, 2003, the MassDEP notified the Regional
Administrator of EPA Region 1 that the MassDEP would not accept
authority for the
[[Page 31242]]
implementation of the amended PSD program and was ending its June 30,
1982, agreement with EPA to assume responsibility for implementing the
Federal PSD regulations. The letter from the MassDEP explained that the
MassDEP would no longer implement the Federal PSD program as of March
3, 2003. Consequently, as of March 3, 2003, sources of air pollution
located in Massachusetts and subject to the Federal PSD program were
required to apply for and receive a PSD permit from EPA New England
before beginning actual construction.
On June 17, 2003, EPA published a Federal Register announcing the
MassDEP's decision to end its delegation agreement with the EPA and
explaining the consequences of this decision for owners and operators
of sources that have PSD permits or that will need such permits in the
future (68 FR 35881).
On April 4, 2011, the Commissioner of the MassDEP signed a
delegation agreement under which EPA would again delegate
responsibility for conducting source review under the Federal PSD
regulations to the MassDEP.
II. Final Action: On April 11, 2011, the Regional Administrator of
EPA Region 1 signed the delegation agreement, which is entitled
``Agreement for Delegation of the Federal Prevention of Significant
Deterioration Program by the United States Environmental Protection
Agency, Region 1 to the Massachusetts Department of Environmental
Protection,'' and which sets forth the terms and conditions according
to which the MassDEP agrees to implement and enforce the Federal PSD
program. The Regional Administrator's signature on the delegation
agreement grants full delegation of the Federal PSD regulations at 40
CFR 52.21 to the MassDEP pursuant to the terms and conditions of the
delegation agreement, 40 CFR 52.21(u), and the requirements of the
Clean Air Act.
Effective on April 11, 2011, all permit applications for new or
modified major sources and all other information pursuant to 40 CFR
52.21 for sources in the Commonwealth of Massachusetts, and all
inquiries regarding the implementation of 40 CFR 52.21 in the
Commonwealth, should be sent directly to the MassDEP at the following
address: Massachusetts Department of Environmental Protection, One
Winter Street, Boston, MA, 02108. In addition, the MassDEP will assume
responsibility to administer and enforce all PSD permits issued in
Massachusetts, including those PSD permits already issued by EPA. EPA
retains authority to issue and administer permits in certain limited
areas of federal jurisdiction defined in the delegation agreement, and
also retains authority to issue a PSD permit to Pioneer Valley Energy
Center (PVEC) in Westfield, Massachusetts. Finally, EPA retains certain
oversight roles regarding federal requirements, which are set forth in
detail in the delegation agreement.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 13, 2011.
Ira W. Leighton,
Acting Regional Administrator, EPA New England.
[FR Doc. 2011-12950 Filed 5-27-11; 8:45 am]
BILLING CODE 6560-50-P
