Approval and Promulgation of Air Quality Implementation Plans; Massachusetts; Reasonably Available Control Technology for the 1997 8-Hour Ozone Standard, 54960-54962 [2013-21618]
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54960
Federal Register / Vol. 78, No. 174 / Monday, September 9, 2013 / Rules and Regulations
(1) Applications for licenses covering more than one fee category of special nuclear material or source material must be accompanied by the
prescribed application fee for the highest fee category.
(2) Applications for new licenses that cover both byproduct material and special nuclear material in sealed sources for use in gauging devices
will pay the appropriate application fee for fee category 1.C. only.
(b) Licensing fees. Fees for reviews of applications for new licenses, renewals, and amendments to existing licenses, preapplication consultations and other documents submitted to the NRC for review, and project manager time for fee categories subject to full cost fees are due upon
notification by the Commission in accordance with § 170.12(b).
(c) Amendment fees. Applications for amendments to export and import licenses must be accompanied by the prescribed amendment fee for
each license affected. An application for an amendment to an export or import license or approval classified in more than one fee category must
be accompanied by the prescribed amendment fee for the category affected by the amendment, unless the amendment is applicable to two or
more fee categories, in which case the amendment fee for the highest fee category would apply.
(d) Inspection fees. Inspections resulting from investigations conducted by the Office of Investigations and nonroutine inspections that result
from third-party allegations are not subject to fees. Inspection fees are due upon notification by the Commission in accordance with § 170.12(c).
(e) Generally licensed device registrations under 10 CFR 31.5. Submittals of registration information must be accompanied by the prescribed
fee.
2 Fees will not be charged for orders related to civil penalties or other civil sanctions issued by the Commission under 10 CFR 2.202 or for
amendments resulting specifically from the requirements of these orders. For orders unrelated to civil penalties or other civil sanctions, fees will
be charged for any resulting licensee-specific activities not otherwise exempted from fees under this chapter. Fees will be charged for approvals
issued under a specific exemption provision of the Commission’s regulations under Title 10 of the Code of Federal Regulations (e.g., 10 CFR
30.11, 40.14, 70.14, 73.5, and any other sections in effect now or in the future), regardless of whether the approval is in the form of a license
amendment, letter of approval, safety evaluation report, or other form. In addition to the fee shown, an applicant may be assessed an additional
fee for sealed source and device evaluations as shown in fee categories 9.A. through 9.D.
3 Full cost fees will be determined based on the professional staff time multiplied by the appropriate professional hourly rate established in
§ 170.20 in effect when the service is provided, and the appropriate contractual support services expended.
*
*
*
*
*
[FR Doc. 2013–21796 Filed 9–6–13; 8:45 am]
BILLING CODE 7590–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2013–0028; A–1–FRL–
9797–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Massachusetts; Reasonably Available
Control Technology for the 1997
8-Hour Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving State
Implementation Plan (SIP) revisions
submitted by the State of Massachusetts.
These SIP revisions consist of a
demonstration that Massachusetts meets
the requirements of reasonably available
control technology (RACT) for oxides of
nitrogen (NOX) and volatile organic
compounds (VOC) set forth by the Clean
Air Act with respect to the 1997 8-hour
ozone standard. Additionally, we are
approving updates to two existing
regulations limiting emissions of
volatile organic compounds. This action
is being taken in accordance with the
Clean Air Act.
DATES: This rule is effective on October
9, 2013.
rmajette on DSK2TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:56 Sep 06, 2013
EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2013–0028. All documents in the docket
are listed on the 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 either electronically through
www.regulations.gov 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 documents relevant to
this action 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 02108.
FOR FURTHER INFORMATION CONTACT: Bob
McConnell, Air Quality Planning Unit,
U.S. Environmental Protection Agency,
EPA New England Regional Office, 5
Post Office Square, Suite 100 (mail
code: OEP05–2), Boston, MA 02109–
3912, telephone number (617) 918–
1046, fax number (617) 918–0046, email
mcconnell.robert@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
ADDRESSES:
Dated at Rockville, Maryland, this 3rd day
of September, 2013.
For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements, and Directives
Branch, Division of Administrative Services,
Office of Administration.
Jkt 229001
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
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. Statutory and Executive Order Reviews
I. Background and Purpose
On February 14, 2013 (78 FR 10583),
EPA published a Notice of Proposed
Rulemaking (NPR) for the State of
Massachusetts. The NPR proposed
approval of Massachusetts’ January 31,
2008 SIP submittal that demonstrates
that the state has adopted air pollution
control strategies that represent RACT
for purposes of compliance with the
1997 8-hour ozone standard. In
addition, the NPR proposed approval of
two revised regulations (and associated
definitions) submitted by Massachusetts
as a SIP revision on June 1, 2010: 310
CMR 7.18(8), ‘‘Solvent Metal
Degreasing;’’ and 310 CMR 7.24(6),
‘‘Dispensing of Motor Vehicle Fuel.’’
The specific details of the January 31,
2008 RACT demonstration and the two
revised regulations and the rationale for
EPA’s proposed action 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 the RACT
certification in Massachusetts’ January
31, 2008 SIP submittal that
demonstrates that the state has adopted
air pollution control strategies that
represent RACT for purposes of
compliance with the 1997 8-hour ozone
standard. EPA previously approved
other portions of Massachusetts’ January
31, 2008 SIP submittal on August 22,
2012 (77 FR 50595), and Massachusetts
withdrew certain other portions of the
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09SER1
Federal Register / Vol. 78, No. 174 / Monday, September 9, 2013 / Rules and Regulations
submittal in a letter dated January 18,
2013. Therefore, with today’s final
action, EPA has completed its action on
Massachusetts’ January 31, 2008 SIP
submittal. Nothing more regarding this
submittal is pending before EPA.
In addition, we are approving two
revised regulations submitted by
Massachusetts on June 1, 2010: 310
CMR 7.18(8), ‘‘Solvent Metal
Degreasing;’’ and 310 CMR 7.24(6),
‘‘Dispensing of Motor Vehicle Fuel.’’
Furthermore, we are also approving the
following new and revised definitions
in 310 CMR 7.00 that are associated
with these regulations: Isolate; minor
modification; routine maintenance;
solvent metal degreasing; special and
extreme solvent metal cleaning; and
substantial modification.
rmajette on DSK2TPTVN1PROD with RULES
III. 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 Order 12866 (58 FR 51735,
October 4, 1993);
• 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);
VerDate Mar<15>2010
14:56 Sep 06, 2013
Jkt 229001
• 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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law. 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 November 8,
2013. 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,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
54961
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: March 22, 2013.
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
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart W—Massachusetts
2. Section 52.1120 is amended by
adding paragraph (c)(138) to read as
follows:
■
§ 52.1120
Identification of plan.
*
*
*
*
*
(c) * * *
(138) Revisions to the State
Implementation Plan submitted by the
Massachusetts Department of
Environmental Protection on June 1,
2010.
(i) Incorporation by reference.
(A) Massachusetts Regulation 310
CMR 7.18(8), ‘‘U Solvent Metal
Degreasing,’’ effective on March 6, 2009.
(B) Massachusetts Regulation 310
CMR 7.24(6), ‘‘U Dispensing of Motor
Vehicle Fuel,’’ effective on March 1,
2009.
(C) The definitions of the following
terms contained in Massachusetts
Regulation 310 CMR 7.00, ‘‘Statutory
Authority; Legend; Preamble;
Definitions,’’ effective on March 1, 2009:
isolate; minor modification; routine
maintenance; solvent metal degreasing;
special and extreme solvent metal
cleaning; substantial modification.
■ 3. Section 52.1129 is amended by
adding paragraph (j) to read as follows:
§ 52.1129
Control strategy: Ozone.
*
*
*
*
*
(j) Approval—Reasonably Available
Control Technology Demonstration for
the 1997 8-hour ozone standard
submitted by the Massachusetts
Department of Environmental Protection
on January 31, 2008. The revision
consists of the state’s certification that
with regard to the 1997 8-hour ozone
standard, Reasonably Available Control
Technology controls have been
implemented for all sources in the state
covered by EPA’s Control Techniques
Guidelines (CTG) and for all major
sources of volatile organic compound
and nitrogen oxide emissions. The
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09SER1
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Federal Register / Vol. 78, No. 174 / Monday, September 9, 2013 / Rules and Regulations
submittal also includes negative
declaration for several CTG categories.
4. In § 52.1167, Table 52.1167 is
amended by adding new entries to
■
existing state citations for 310 CMR
7.18(8) and 310 CMR 7.24(6) in order of
‘‘Date approved by EPA’’ to read as
follows:
§ 52.1167 EPA-approved Massachusetts
State regulations.
*
*
*
*
*
TABLE 52.1167—EPA-APPROVED RULES AND REGULATIONS
[See Notes at end of Table]
State citation
*
310 CMR
7.18(8).
*
*
6/1/10
*
*
Federal register
citation
*
9/9/13
6/1/10
*
52.1120(c)
*
[Insert Federal
Register page
number where
the document
begins].
*
Dispensing of Motor Vehicle
Fuel.
*
Date
approved by
EPA
*
Solvent Metal Degreasing ..
*
310 CMR
7.24(6).
Date
submitted
by State
Title/subject
*
[Insert Federal
Register page
number where
the document
begins].
*
*
[Insert next available paragraph
number in sequence].
*
9/9/13
Comments/unapproved
sections
*
*
[Insert next available paragraph
number in sequence].
*
*
*
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.
being taken in accordance with the
Clean Air Act.
[FR Doc. 2013–21618 Filed 9–6–13; 8:45 am]
BILLING CODE 6560–50–P
This rule is effective on October
9, 2013.
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2012–0198; A–1–FRL–
9900–63–Region1]
Approval and Promulgation of Air
Quality Implementation Plans;
Connecticut; NOX Emission Trading
Orders as Single Source SIP Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving State
Implementation Plan (SIP) revisions
submitted by the State of Connecticut.
These revisions approve NOX Emission
Trading Orders (trading orders) allowing
facilities to create and/or use emission
credits to comply with the NOX
emission limits required by Regulations
of Connecticut State Agencies (RCSA)
section 22a–174–22 (Control of Nitrogen
Oxides). The intended effect of this
action is to allow facilities to determine
the most cost-effective way to comply
with the state regulation. This action is
rmajette on DSK2TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:56 Sep 06, 2013
Jkt 229001
EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2010–0198. All documents in the
electronic docket are listed on the
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 either
electronically through
www.regulations.gov 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 Permits,
Toxics and Indoor Programs 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
ADDRESSES:
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
Monday through Friday, 8:30 to 4:30,
excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Donald Dahl, Air Permits, Toxics, and
Indoor Programs Unit, Office of
Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, 5 Post
Office Square, Suite 100, (OEP05–2),
Boston, MA 02109–3912, phone number
(617) 918–1657, fax number (617) 918–
0657, email Dahl.Donald@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. What is the background for this action?
II. What comments did EPA receive?
III. What facilities are affected by this action?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews.
I. What is the background for this
action?
On November 29, 2012 (77 FR 71140),
EPA published a Notice of Proposed
Rulemaking (NPR) for the State of
Connecticut. The NPR proposed
approval of 148 source-specific trading
orders that allow 50 sources to trade
emission credits in order to comply
with state regulations for reducing
E:\FR\FM\09SER1.SGM
09SER1
Agencies
[Federal Register Volume 78, Number 174 (Monday, September 9, 2013)]
[Rules and Regulations]
[Pages 54960-54962]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21618]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2013-0028; A-1-FRL-9797-3]
Approval and Promulgation of Air Quality Implementation Plans;
Massachusetts; Reasonably Available Control Technology for the 1997 8-
Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving State Implementation Plan (SIP) revisions
submitted by the State of Massachusetts. These SIP revisions consist of
a demonstration that Massachusetts meets the requirements of reasonably
available control technology (RACT) for oxides of nitrogen
(NOX) and volatile organic compounds (VOC) set forth by the
Clean Air Act with respect to the 1997 8-hour ozone standard.
Additionally, we are approving updates to two existing regulations
limiting emissions of volatile organic compounds. This action is being
taken in accordance with the Clean Air Act.
DATES: This rule is effective on October 9, 2013.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2013-0028. All documents in the docket
are listed on the 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 either electronically through
www.regulations.gov 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 documents relevant to this action 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 02108.
FOR FURTHER INFORMATION CONTACT: Bob McConnell, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston,
MA 02109-3912, telephone number (617) 918-1046, fax number (617) 918-
0046, email mcconnell.robert@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
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. Statutory and Executive Order Reviews
I. Background and Purpose
On February 14, 2013 (78 FR 10583), EPA published a Notice of
Proposed Rulemaking (NPR) for the State of Massachusetts. The NPR
proposed approval of Massachusetts' January 31, 2008 SIP submittal that
demonstrates that the state has adopted air pollution control
strategies that represent RACT for purposes of compliance with the 1997
8-hour ozone standard. In addition, the NPR proposed approval of two
revised regulations (and associated definitions) submitted by
Massachusetts as a SIP revision on June 1, 2010: 310 CMR 7.18(8),
``Solvent Metal Degreasing;'' and 310 CMR 7.24(6), ``Dispensing of
Motor Vehicle Fuel.''
The specific details of the January 31, 2008 RACT demonstration and
the two revised regulations and the rationale for EPA's proposed action
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 the RACT certification in Massachusetts' January
31, 2008 SIP submittal that demonstrates that the state has adopted air
pollution control strategies that represent RACT for purposes of
compliance with the 1997 8-hour ozone standard. EPA previously approved
other portions of Massachusetts' January 31, 2008 SIP submittal on
August 22, 2012 (77 FR 50595), and Massachusetts withdrew certain other
portions of the
[[Page 54961]]
submittal in a letter dated January 18, 2013. Therefore, with today's
final action, EPA has completed its action on Massachusetts' January
31, 2008 SIP submittal. Nothing more regarding this submittal is
pending before EPA.
In addition, we are approving two revised regulations submitted by
Massachusetts on June 1, 2010: 310 CMR 7.18(8), ``Solvent Metal
Degreasing;'' and 310 CMR 7.24(6), ``Dispensing of Motor Vehicle
Fuel.'' Furthermore, we are also approving the following new and
revised definitions in 310 CMR 7.00 that are associated with these
regulations: Isolate; minor modification; routine maintenance; solvent
metal degreasing; special and extreme solvent metal cleaning; and
substantial modification.
III. 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 Order
12866 (58 FR 51735, October 4, 1993);
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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law. 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 November 8, 2013. 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, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 22, 2013.
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 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 52.1120 is amended by adding paragraph (c)(138) to read as
follows:
Sec. 52.1120 Identification of plan.
* * * * *
(c) * * *
(138) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on June 1, 2010.
(i) Incorporation by reference.
(A) Massachusetts Regulation 310 CMR 7.18(8), ``U Solvent Metal
Degreasing,'' effective on March 6, 2009.
(B) Massachusetts Regulation 310 CMR 7.24(6), ``U Dispensing of
Motor Vehicle Fuel,'' effective on March 1, 2009.
(C) The definitions of the following terms contained in
Massachusetts Regulation 310 CMR 7.00, ``Statutory Authority; Legend;
Preamble; Definitions,'' effective on March 1, 2009: isolate; minor
modification; routine maintenance; solvent metal degreasing; special
and extreme solvent metal cleaning; substantial modification.
0
3. Section 52.1129 is amended by adding paragraph (j) to read as
follows:
Sec. 52.1129 Control strategy: Ozone.
* * * * *
(j) Approval--Reasonably Available Control Technology Demonstration
for the 1997 8-hour ozone standard submitted by the Massachusetts
Department of Environmental Protection on January 31, 2008. The
revision consists of the state's certification that with regard to the
1997 8-hour ozone standard, Reasonably Available Control Technology
controls have been implemented for all sources in the state covered by
EPA's Control Techniques Guidelines (CTG) and for all major sources of
volatile organic compound and nitrogen oxide emissions. The
[[Page 54962]]
submittal also includes negative declaration for several CTG
categories.
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4. In Sec. 52.1167, Table 52.1167 is amended by adding new entries to
existing state citations for 310 CMR 7.18(8) and 310 CMR 7.24(6) in
order of ``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
State citation Title/subject submitted approved by Federal register 52.1120(c) Comments/unapproved
by State EPA citation sections
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
310 CMR 7.18(8)................... Solvent Metal 6/1/10 9/9/13 [Insert Federal [Insert next .....................
Degreasing. Register page number available paragraph
where the document number in sequence].
begins].
* * * * * * *
310 CMR 7.24(6)................... Dispensing of Motor 6/1/10 9/9/13 [Insert Federal [Insert next .....................
Vehicle Fuel. Register page number available paragraph
where the document number in sequence].
begins].
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
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. 2013-21618 Filed 9-6-13; 8:45 am]
BILLING CODE 6560-50-P