Approval and Promulgation of Air Quality Implementation Plans; Massachusetts; Revisions to Fossil Fuel Utilization Facilities and Source Registration Regulations and Industrial Performance Standards for Boilers, 22774-22776 [2014-08610]
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Federal Register / Vol. 79, No. 79 / Thursday, April 24, 2014 / Rules and Regulations
21, 2010 and effective December 15,
2010.
[FR Doc. 2014–09251 Filed 4–23–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2012–0951; FRL–9800–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Massachusetts; Revisions to Fossil
Fuel Utilization Facilities and Source
Registration Regulations and Industrial
Performance Standards for Boilers
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving several State
Implementation Plan (SIP) revisions
submitted by the Commonwealth of
Massachusetts. The revisions add new
monitoring, inspection, maintenance
and testing requirements for certain
fossil fuel utilization facilities, rename
and clarify stationary source emission
reporting requirements, and establish
compliance and certification standards
for new boilers. The intended effect of
this action is to approve the
Commonwealth’s revised ‘‘Fossil Fuel
Utilization Facility’’ regulation, ‘‘Source
Registration’’ regulation, and new
‘‘Industrial Performance Standards for
Boilers.’’ This action is being taken
under the Clean Air Act.
DATES: This rule is effective on May 27,
2014.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification Number EPA–R01–OAR–
2012–0951. 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 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
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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.
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:
Brendan McCahill, Air Permits, Toxics
and Indoor Programs Unit, Office of
Ecosystem Protection, U.S.
Environmental Protection Agency
Region 1, 5 Post Office Square—Suite
100, (Mail code OEP05–2), Boston, MA
02109–3912, Telephone number (617)
918–1652, Fax number (617) 918–0652,
Email McCahill.Brendan@EPA.GOV.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
INFORMATION CONTACT
Table of Contents
I. What action is EPA approving in this
document?
II. What portions of the SIP submittals will
EPA incorporate into the SIP?
III. Final Action.
IV. Statutory and Executive Order Reviews.
I. What action is EPA approving in this
document?
On February 7, 2013 (78 FR 9016),
EPA published a Notice of Proposed
Rulemaking (NPR) for the
Commonwealth of Massachusetts.
The NPR proposed approval of the
following SIP submittals:
• A June 28, 1990 and a July 11, 2001
SIP amendment revising 310 CMR 7.04
entitled, ‘‘U Fossil Fuel Utilization
Facilities,’’
• A July 11, 2001 SIP amendment
revising 310 CMR 7.12 entitled, ‘‘U
Source Registration,’’
• A September 14, 2006 SIP
amendment adopting 310 CMR
7.26(30)–(37) entitled, ‘‘Industrial
Performance Standards—U Boiler,’’ and
• A February 13, 2008 SIP
amendment that, among other things,
revises 310 CMR 7.04, corrects several
typographical errors, clarifies certain
requirements to 310 CMR 7.12 and 310
CMR 7.26(30)–(37) and updates the list
of Massachusetts cities in 310 CMR
7.00.
The specific requirements of four SIP
submittals and the rationale for EPA’s
proposed action are explained in the
NPR and will not be restated here. EPA
did not receive any public comments on
the NPR.
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II. What portions of the SIP submittals
will EPA incorporate into the SIP?
On January 18, 2013, the
Massachusetts Department of
Environmental Protection (MassDEP)
issued a letter to EPA withdrawing
outdated and obsolete submittals and
replacing them with SIP submittals
containing effective versions of the
regulations for approval into the SIP.
The letter included two attachments.
Attachment I identified the regulations
that MassDEP requests EPA to approve
into the SIP. The attachment includes
struck out versions of those regulations
MassDEP is withdrawing from
consideration and the final version of
the regulations (without strikeout) that
MassDEP requests to be included in the
SIP.
Attachment 2 includes a list of
regulations previously submitted to EPA
for approval. The list indicates the
regulation name and CMR regulation
number, CMR page number, the
MassDEP disposition of the rule (i.e.,
whether to withdraw it or have EPA act
upon it), and the reason for the
MassDEP’s disposition.
Based on the information from the
two attachments, EPA is incorporating
the latest versions of 310 CMR 7.00,
‘‘Massachusetts Cities & Towns with
Corresponding DEP Regional Offices
and Air Pollution Districts,’’ 310 CMR
7.04(2) and 7.04(4)(a), 310 CMR 7.12
and 310 CMR 7.26(30–37) into the SIP.
The February 13, 2008 SIP submittal
included the latest version of the 310
CMR 7.00, 310 CMR 7.04(2) and
7.04(4)(a) and 310 CMR 7.26(30–37).
Numerous SIP submittals provided a
portion of 310 CMR 7.12. The August 9,
2001 SIP submittal included provision
310 CMR 7.12(1)(a)1. The September 14,
2006 SIP submitted included provisions
310 CMR 7.12(2)(c), 310 CMR 7.12(3)
and 310 CMR 7.12(4). The February 13,
2008 SIP submittal included provisions
310 CMR 7.12(1)(a)2–9, (1)(b) and (1)(c),
and 310 CMR 7.12(2)(a) and (b).
These versions of the regulations are
the versions that were made available in
the docket for the February 7, 2013 NPR.
We are re-stating this information here,
not because anything has changed since
the publication of the NPR, but rather
for clarity given the complex history of
these submissions
In addition, as described in the
January 18, 2013 letter, the MassDEP
has withdrawn the following regulations
from inclusion into the SIP; 310 CMR
7.02, 310 CMR 7.03, 310 CMR 7.11, and
310 CMR 7.26(28)–(29).
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III. Final Action
EPA is approving the following SIP
submittals as a revision to the
Massachusetts SIP:
• The June 28, 1990 SIP amendment
revising 310 CMR 7.04,
• The July 11, 2001 SIP amendment
revising 310 CMR 7.12,
• The September 14, 2006 SIP
amendment revising 310 CMR 7.12, and
• The February 13, 2008 SIP
amendment revising 310 CMR 7.04, 310
CMR 7.12, 310 CMR 7.26(30)–(37), and
updating the list of Massachusetts cities
in 310 CMR 7.00.
With today’s final action, EPA has
completed its action on Massachusetts’s
February 13, 2008 SIP submittal.
Nothing more regarding this submittal is
pending before EPA.
The Agency has reviewed this request
for revision of the Federally-approved
State implementation plan for
conformance with the provisions of the
1990 amendments enacted on November
15, 1990. The Agency has determined
that this action conforms with those
requirements irrespective of the fact that
the submittal preceded the date of
enactment.
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 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
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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 June 23, 2014.
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).)
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22775
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 27, 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)(140) to read as
follows:
■
§ 52.1120
Identification of plan.
*
*
*
*
*
(c) * * *
(140) Revisions to the State
Implementation Plan submitted by the
Massachusetts Department of
Environmental Protection on Protection
on August 9, 2001, September 14, 2006,
and February 18, 2008.
(i) Incorporation by reference.
(A) Provision 310 CMR 7.12(1)(a)1 of
310 CMR 7.12, ‘‘U Source Registration’’
effective on August 3, 2001.
(B) Provisions 310 CMR 7.12(2)(c),
7.12(3), and 7.12(4) of 310 CMR 7.12, ‘‘U
Source Registration’’ effective on
September 23, 2005.
(C) Provision 310 CMR 7.00, Table
entitled, ‘‘Massachusetts Cities & Towns
with Corresponding DEP Regional
Offices and Air Pollution Districts’’
effective on December 28, 2007.
(D) Provisions 310 CMR 7.04(2) and
7.04(4)(a) of 310 CMR 7.04, ‘‘U Fossil
Fuel Utilization Facilities’’ effective on
December 28, 2007.
(E) Provisions 310 CMR 7.12(1)(a)2
through 9, (1)(b), (1)(c), (2)(a) and (b) of
310 CMR 7.12, ‘‘U Source Registration’’
effective on December 28, 2007.
(F) Provisions 310 CMR 7.26(30)
through (37) of 310 CMR 7.26 ‘‘Industry
Performance Standards’’ effective on
December 28, 2007.
(ii) Additional materials.
(A) A letter from the Massachusetts
Department of Environmental Protection
dated August 9, 2001 submitting a
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revision to the State Implementation
Plan.
(B) A letter from the Massachusetts
Department of Environmental Protection
dated September 14, 2006 submitting a
revision to the State Implementation
Plan.
(C) A letter from the Massachusetts
Department of Environmental Protection
dated February 13, 2008 submitting a
revision to the State Implementation
Plan.
(D) A letter from the Massachusetts
Department of Environmental Protection
dated January 18, 2013 withdrawing
certain outdated and obsolete regulation
submittals and replacing them with
currently effective versions of the
regulation for approval and inclusion
into the SIP.
3. In § 52.1167, Table 52.1167 is
amended by adding new entries in
numerical order for 310 CMR 7.00, 310
CMR 7.04(2), 310 CMR 7.04(4)(a), 310
CMR 7.12, and 310 CMR 7.26(30)–(37)
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]
Date
submitted
by state
Date
approved
by EPA
State citation
Title/Subject
*
310 CMR 7.00 ......
*
Table of MA cities
and towns with
corresponding
DEP Regional
offices.
*
11/13/07
4/24/14
*
310 CMR 7.04(2)
*
U Fossil fuel Utilization Facilities.
*
11/13/07
4/24/14
310 CMR
7.04(4)(a).
U Fossil Fuel Utilization Facilities.
11/13/07
4/24/14
*
310 CMR 7.12 ......
*
U Source Registration.
*
5/31/01,
8/23/05 &
11/13/07
4/24/14
*
310 CMR
7.26(30)–(37).
*
Industry Performance Standards—U Boilers.
*
11/13/07
4/24/14
*
*
Federal Register
citation
52.1120(c)
*
*
[Insert Federal
Register page
number where
the document
begins].
[Insert Federal
Register page
number where
the document
begins].
*
*
[Insert Federal
Register page
number where
the document
begins].
*
*
[Insert Federal
Register page
number where
the document
begins].
*
*
*
*
[Insert Federal
Register page
number where
the document
begins].
Comments/Unapproved sections
*
*
*
140
140
140
140
140
*
*
Clarifies new applicability requirements for smoke density instrument removal for certain facilities.
Requires inspection, maintenance
testing at facilities with heat inputs
over 3 MMBtu/ hr (excluding combustion turbines and engines); requires posting of test results near
facilities.
*
*
Revises applicability threshold emission levels, expands list of sources
required to report emissions, and
clarifies types of information reported.
*
*
Sets standards for certain types of
new boilers: replaces requirements
to obtain a plan approval under
310 CMR 7.02(2).
*
*
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.
Editorial Note: This document was
received for publication by the Office of
the Federal Register on April 11, 2014.
[FR Doc. 2014–08610 Filed 4–23–14; 8:45 am]
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Agencies
[Federal Register Volume 79, Number 79 (Thursday, April 24, 2014)]
[Rules and Regulations]
[Pages 22774-22776]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08610]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2012-0951; FRL-9800-2]
Approval and Promulgation of Air Quality Implementation Plans;
Massachusetts; Revisions to Fossil Fuel Utilization Facilities and
Source Registration Regulations and Industrial Performance Standards
for Boilers
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving several
State Implementation Plan (SIP) revisions submitted by the Commonwealth
of Massachusetts. The revisions add new monitoring, inspection,
maintenance and testing requirements for certain fossil fuel
utilization facilities, rename and clarify stationary source emission
reporting requirements, and establish compliance and certification
standards for new boilers. The intended effect of this action is to
approve the Commonwealth's revised ``Fossil Fuel Utilization Facility''
regulation, ``Source Registration'' regulation, and new ``Industrial
Performance Standards for Boilers.'' This action is being taken under
the Clean Air Act.
DATES: This rule is effective on May 27, 2014.
ADDRESSES: EPA has established a docket for this action under Docket
Identification Number EPA-R01-OAR-2012-0951. 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 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 Monday through Friday, 8:30 a.m. to 4:30 p.m.,
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: Brendan McCahill, Air Permits, Toxics
and Indoor Programs Unit, Office of Ecosystem Protection, U.S.
Environmental Protection Agency Region 1, 5 Post Office Square--Suite
100, (Mail code OEP05-2), Boston, MA 02109-3912, Telephone number (617)
918-1652, Fax number (617) 918-0652, Email McCahill.Brendan@EPA.GOV.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. What action is EPA approving in this document?
II. What portions of the SIP submittals will EPA incorporate into
the SIP?
III. Final Action.
IV. Statutory and Executive Order Reviews.
I. What action is EPA approving in this document?
On February 7, 2013 (78 FR 9016), EPA published a Notice of
Proposed Rulemaking (NPR) for the Commonwealth of Massachusetts.
The NPR proposed approval of the following SIP submittals:
A June 28, 1990 and a July 11, 2001 SIP amendment revising
310 CMR 7.04 entitled, ``U Fossil Fuel Utilization Facilities,''
A July 11, 2001 SIP amendment revising 310 CMR 7.12
entitled, ``U Source Registration,''
A September 14, 2006 SIP amendment adopting 310 CMR
7.26(30)-(37) entitled, ``Industrial Performance Standards--U Boiler,''
and
A February 13, 2008 SIP amendment that, among other
things, revises 310 CMR 7.04, corrects several typographical errors,
clarifies certain requirements to 310 CMR 7.12 and 310 CMR 7.26(30)-
(37) and updates the list of Massachusetts cities in 310 CMR 7.00.
The specific requirements of four SIP submittals and the rationale
for EPA's proposed action are explained in the NPR and will not be
restated here. EPA did not receive any public comments on the NPR.
II. What portions of the SIP submittals will EPA incorporate into the
SIP?
On January 18, 2013, the Massachusetts Department of Environmental
Protection (MassDEP) issued a letter to EPA withdrawing outdated and
obsolete submittals and replacing them with SIP submittals containing
effective versions of the regulations for approval into the SIP. The
letter included two attachments. Attachment I identified the
regulations that MassDEP requests EPA to approve into the SIP. The
attachment includes struck out versions of those regulations MassDEP is
withdrawing from consideration and the final version of the regulations
(without strikeout) that MassDEP requests to be included in the SIP.
Attachment 2 includes a list of regulations previously submitted to
EPA for approval. The list indicates the regulation name and CMR
regulation number, CMR page number, the MassDEP disposition of the rule
(i.e., whether to withdraw it or have EPA act upon it), and the reason
for the MassDEP's disposition.
Based on the information from the two attachments, EPA is
incorporating the latest versions of 310 CMR 7.00, ``Massachusetts
Cities & Towns with Corresponding DEP Regional Offices and Air
Pollution Districts,'' 310 CMR 7.04(2) and 7.04(4)(a), 310 CMR 7.12 and
310 CMR 7.26(30-37) into the SIP. The February 13, 2008 SIP submittal
included the latest version of the 310 CMR 7.00, 310 CMR 7.04(2) and
7.04(4)(a) and 310 CMR 7.26(30-37). Numerous SIP submittals provided a
portion of 310 CMR 7.12. The August 9, 2001 SIP submittal included
provision 310 CMR 7.12(1)(a)1. The September 14, 2006 SIP submitted
included provisions 310 CMR 7.12(2)(c), 310 CMR 7.12(3) and 310 CMR
7.12(4). The February 13, 2008 SIP submittal included provisions 310
CMR 7.12(1)(a)2-9, (1)(b) and (1)(c), and 310 CMR 7.12(2)(a) and (b).
These versions of the regulations are the versions that were made
available in the docket for the February 7, 2013 NPR. We are re-stating
this information here, not because anything has changed since the
publication of the NPR, but rather for clarity given the complex
history of these submissions
In addition, as described in the January 18, 2013 letter, the
MassDEP has withdrawn the following regulations from inclusion into the
SIP; 310 CMR 7.02, 310 CMR 7.03, 310 CMR 7.11, and 310 CMR 7.26(28)-
(29).
[[Page 22775]]
III. Final Action
EPA is approving the following SIP submittals as a revision to the
Massachusetts SIP:
The June 28, 1990 SIP amendment revising 310 CMR 7.04,
The July 11, 2001 SIP amendment revising 310 CMR 7.12,
The September 14, 2006 SIP amendment revising 310 CMR
7.12, and
The February 13, 2008 SIP amendment revising 310 CMR 7.04,
310 CMR 7.12, 310 CMR 7.26(30)-(37), and updating the list of
Massachusetts cities in 310 CMR 7.00.
With today's final action, EPA has completed its action on
Massachusetts's February 13, 2008 SIP submittal. Nothing more regarding
this submittal is pending before EPA.
The Agency has reviewed this request for revision of the Federally-
approved State implementation plan for conformance with the provisions
of the 1990 amendments enacted on November 15, 1990. The Agency has
determined that this action conforms with those requirements
irrespective of the fact that the submittal preceded the date of
enactment.
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 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 June 23, 2014. 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 27, 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)(140) to read as
follows:
Sec. 52.1120 Identification of plan.
* * * * *
(c) * * *
(140) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on Protection on
August 9, 2001, September 14, 2006, and February 18, 2008.
(i) Incorporation by reference.
(A) Provision 310 CMR 7.12(1)(a)1 of 310 CMR 7.12, ``U Source
Registration'' effective on August 3, 2001.
(B) Provisions 310 CMR 7.12(2)(c), 7.12(3), and 7.12(4) of 310 CMR
7.12, ``U Source Registration'' effective on September 23, 2005.
(C) Provision 310 CMR 7.00, Table entitled, ``Massachusetts Cities
& Towns with Corresponding DEP Regional Offices and Air Pollution
Districts'' effective on December 28, 2007.
(D) Provisions 310 CMR 7.04(2) and 7.04(4)(a) of 310 CMR 7.04, ``U
Fossil Fuel Utilization Facilities'' effective on December 28, 2007.
(E) Provisions 310 CMR 7.12(1)(a)2 through 9, (1)(b), (1)(c),
(2)(a) and (b) of 310 CMR 7.12, ``U Source Registration'' effective on
December 28, 2007.
(F) Provisions 310 CMR 7.26(30) through (37) of 310 CMR 7.26
``Industry Performance Standards'' effective on December 28, 2007.
(ii) Additional materials.
(A) A letter from the Massachusetts Department of Environmental
Protection dated August 9, 2001 submitting a
[[Page 22776]]
revision to the State Implementation Plan.
(B) A letter from the Massachusetts Department of Environmental
Protection dated September 14, 2006 submitting a revision to the State
Implementation Plan.
(C) A letter from the Massachusetts Department of Environmental
Protection dated February 13, 2008 submitting a revision to the State
Implementation Plan.
(D) A letter from the Massachusetts Department of Environmental
Protection dated January 18, 2013 withdrawing certain outdated and
obsolete regulation submittals and replacing them with currently
effective versions of the regulation for approval and inclusion into
the SIP.
0
3. In Sec. 52.1167, Table 52.1167 is amended by adding new entries in
numerical order for 310 CMR 7.00, 310 CMR 7.04(2), 310 CMR 7.04(4)(a),
310 CMR 7.12, and 310 CMR 7.26(30)-(37) 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 7.00........................ Table of MA cities and 11/13/07 4/24/14 [Insert Federal 140 ...........................
towns with Register page number
corresponding DEP where the document
Regional offices. begins].
* * * * * * *
310 CMR 7.04(2)..................... U Fossil fuel 11/13/07 4/24/14 [Insert Federal 140 Clarifies new applicability
Utilization Register page number requirements for smoke
Facilities. where the document density instrument removal
begins]. for certain facilities.
310 CMR 7.04(4)(a).................. U Fossil Fuel 11/13/07 4/24/14 [Insert Federal 140 Requires inspection,
Utilization Register page number maintenance testing at
Facilities. where the document facilities with heat
begins]. inputs over 3 MMBtu/ hr
(excluding combustion
turbines and engines);
requires posting of test
results near facilities.
* * * * * * *
310 CMR 7.12........................ U Source Registration. 5/31/01, 8/ 4/24/14 [Insert Federal 140 Revises applicability
23/05 & 11/ Register page number threshold emission levels,
13/07 where the document expands list of sources
begins]. required to report
emissions, and clarifies
types of information
reported.
* * * * * * *
310 CMR 7.26(30)-(37)............... Industry Performance 11/13/07 4/24/14 [Insert Federal 140 Sets standards for certain
Standards--U Boilers. Register page number types of new boilers:
where the document replaces requirements to
begins]. obtain a plan approval
under 310 CMR 7.02(2).
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
Editorial Note: This document was received for publication by the
Office of the Federal Register on April 11, 2014.
[FR Doc. 2014-08610 Filed 4-23-14; 8:45 am]
BILLING CODE 6560-50-P