Air Plan Approval; Massachusetts; Air Emissions Inventory, Emissions Statements, Source Registration, and Emergency Episode Planning Provisions, 62532-62536 [2018-26283]
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Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Proposed Rules
(ii) That office generated at least half
of the firm’s gross revenues and
employed at least half of the offeror’s
permanent employees.
(2) If the firm does not meet the
criteria in paragraph (1) of this
definition, factors to be considered in
determining whether a firm resides or
primarily does business in the disaster
area include—
(i) Physical location(s) of the firm’s
permanent office(s) and date any office
in the disaster area(s) was established;
(ii) Current state licenses;
(iii) Record of past work in the
disaster area(s) (e.g., how much and for
how long);
(iv) Contractual history the firm has
had with subcontractors and/or
suppliers in the disaster area;
(v) Percentage of the firm’s gross
revenues attributable to work performed
in the disaster area;
(vi) Number of permanent employees
the firm employs in the disaster area;
(vii) Membership in local and state
organizations in the disaster area; and
(viii) Other evidence that establishes
the firm resides or primarily does
business in the disaster area. For
example, sole proprietorships may
submit utility bills and bank statements.
Disaster area means the area for
which the President has declared a
major disaster under section 401 of the
Robert T. Stafford Disaster Relief and
Assistance Act (42 U.S.C. 5170), during
the period of the declaration.
Emergency response contract means a
contract with private entities that
supports assistance activities in a
disaster area, such as debris cleanup,
distribution of supplies, or
reconstruction.
§ 129.200 What contracting preferences
are available for small business concerns
located in disaster areas?
Contracting officers may set aside
solicitations for emergency response
contracts to allow only small businesses
located in the disaster area to compete.
§ 129.300 What small business goaling
credit do agencies receive for awarding an
emergency response contract to a small
business concern under this part?
If an agency awards an emergency
response contract to a local small
business concern through the use of a
local area set aside that is also set aside
under a small business or
socioeconomic set-aside (8(a),
HUBZone, SDVO, WOSB, EDWOSB),
the value of the contract shall be
doubled for purposes of determining
compliance with the goals for
procurement contracts under section
15(g)(1)(A) of the Small Business Act
(15 U.S.C. 644(g)(1)(A)). The procuring
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agency shall enter the actual contract
value, not the doubled contract value in
the required contract reporting systems,
and appropriately code the contract
action to receive the credit. SBA will
provide the double credit as part of the
Scorecard process.
§ 129.400 What are the applicable
performance requirements?
The performance requirements of
§ 125.6 of this chapter apply to small
and socioeconomic set asides under this
part. A similarly situated entity as that
term is used in § 125.6 of this chapter
must qualify as a concern located in a
disaster area.
§ 129.500 What are the penalties of
misrepresentation of size or status?
The penalties relevant to the
particular size or socioeconomic status
representation under title 13 §§ 121.108,
125.32, 126.900, and 127.700 of this
chapter are applicable to set asides
under this part.
Dated: November 8, 2018.
Linda E. McMahon,
Administrator.
[FR Doc. 2018–25705 Filed 12–3–18; 8:45 am]
BILLING CODE 8025–01–P
ENVIRONMENTAL PROTECTION
AGENCY
instructions in the ADDRESSES section of
the direct final rule located in the rules
section of this Federal Register.
FOR FURTHER INFORMATION CONTACT: Ms.
Karolina Ruan Lei, 214–665–7346, ruanlei.karolina@epa.gov.
SUPPLEMENTARY INFORMATION: In the
final rules section of this Federal
Register, the EPA is approving the
State’s SIP submittal as a direct rule
without prior proposal because the
Agency views this as noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no relevant adverse comments
are received in response to this action
no further activity is contemplated. If
the EPA receives relevant adverse
comments, the direct final rule will be
withdrawn and all public comments
received will be addressed in a
subsequent final rule based on this
proposed rule. The EPA will not
institute a second comment period. Any
parties interested in commenting on this
action should do so at this time.
For additional information, see the
direct final rule which is located in the
rules section of this Federal Register.
Dated: November 26, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018–26297 Filed 12–3–18; 8:45 am]
BILLING CODE 6560–50–P
40 CFR Part 52
[EPA–R06–OAR–2018–0676; FRL–9986–65–
Region 6]
ENVIRONMENTAL PROTECTION
AGENCY
Air Plan Approval; Texas; Emission
Statements
40 CFR Part 52
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is proposing to approve a portion of a
State Implementation Plan (SIP)
revision submitted by the State of Texas
for the 2008 8-hour ozone national
ambient air quality standards (NAAQS).
The portion of the SIP revision being
approved pertains to CAA 2008 ozone
NAAQS requirement for emission
statements in the Dallas/Fort Worth
ozone nonattainment area (DFW area).
DATES: Written comments should be
received on or before January 3, 2019.
ADDRESSES: Submit your comments,
identified by EPA–R06–OAR–2018–
0676, at https://www.regulations.gov or
via email to ruan-lei.karolina@epa.gov.
For additional information on how to
submit comments see the detailed
SUMMARY:
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[EPA–R01–OAR–2018–0771; FRL–9987–00–
Region 1]
Air Plan Approval; Massachusetts; Air
Emissions Inventory, Emissions
Statements, Source Registration, and
Emergency Episode Planning
Provisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
State Implementation Plan (SIP)
revisions submitted by the
Commonwealth of Massachusetts. The
revisions establish a 2011 base year
emissions inventory, an emissions
statement certification, revisions to an
existing stationary source registration
program, and requirements to be
undertaken during air pollution
emergencies. This action is being taken
under the Clean Air Act.
SUMMARY:
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Table of Contents
Written comments must be
received on or before January 3, 2019.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2018–0771 at https://
www.regulations.gov, or via email to
mcconnell.robert@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. Publicly
available docket materials are available
at https://www.regulations.gov or at the
U.S. Environmental Protection Agency,
EPA Region 1 Regional Office, Office of
Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square—
Suite 100, Boston, MA. EPA requests
that if at all possible, you contact the
contact listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
ADDRESSES:
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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. The term ‘‘the Commonwealth’’
refers to the State of Massachusetts.
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I. Background
II. Description and Evaluation of
Commonwealth’s Submittals
A. Emissions Statement Certification
B. 2011 Base Year Emissions Inventory
C. Stationary Source Registration
Requirements
D. Emergency Episode Planning Provisions
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On March 12, 2008, the EPA revised
both the primary and secondary NAAQS
for ozone to a level of 0.075 parts per
million (ppm) (annual fourth-highest
daily maximum 8-hour average
concentration, averaged over three
years) to provide increased protection of
public health and the environment (73
FR 16436, March 27, 2008). The 2008
ozone NAAQS retains the same general
form and averaging time as the 0.08
ppm NAAQS set in 1997, but is set at
a more protective level. Under the EPA’s
regulations at 40 CFR part 50, the 2008
8-hour ozone NAAQS is attained when
the 3-year average of the annual fourth
highest daily maximum 8-hour average
ambient air quality ozone
concentrations is less than or equal to
0.075 ppm. See 40 CFR 50.15.
Effective July 20, 2012, the EPA
designated as nonattainment any area
that was violating the 2008 8-hour
ozone NAAQS based on the three most
recent years (2008–2010) of air
monitoring data (77 FR 30088, May 21,
2012). Within that rulemaking, Dukes
County in Massachusetts was
designated as a marginal ozone
nonattainment area. Pursuant to section
182(a) of the Clean Air Act (CAA),
marginal ozone nonattainment areas are
required to submit a number of SIP
revisions, including, pursuant to section
182(a)(1), an emissions inventory
containing actual emission estimates
from all sources, and, pursuant to
section 182(a)(3)(B), an emissions
statement program to collect actual
emissions data from certain industrial
sources within the state. Massachusetts
accomplishes the latter by means of
requirements within title 310 of the
Code of Massachusetts Regulations
(CMR), specifically, within 310 CMR
7.12, Source Registration.
Each time EPA revises a NAAQS,
states are required by section 110(a)(2)
to submit a certification that their SIP
contains the necessary requirements to
carry out all the state’s obligations
under the CAA. These SIPs are referred
to as infrastructure SIPs, and EPA
conditionally approved several aspects
of Massachusetts’ infrastructure SIPs for
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62533
the 1997 ozone, 2008 ozone, and 2010
SO2 NAAQS. See 81 FR 93627
(December 21, 2016). On February 9,
2018, Massachusetts submitted 310
CMR 8.00, The Prevention and/or
Abatement of Air Pollution Episode and
Air Pollution Incident Emergencies, to
satisfy one of the conditions within
EPA’s December 21, 2016, final rule.
II. Description and Evaluation of
Commonwealth’s Submittals
A. Emissions Statement Certification
EPA’s implementation rule for the
2008 ozone NAAQS, herein referred to
as the 2008 ozone rule, was published
in the Federal Register on March 6,
2015. See 80 FR 12264. The 2008 ozone
rule notes than many areas that were
nonattainment for the 2008 ozone
NAAQS had previously adopted an
emissions statement reporting program
due to being nonattainment for a prior
ozone NAAQS. For these areas, the 2008
ozone rule indicates that the state
should review its existing rule to see
whether it still meets the requirements
of section 182(a)(3)(B) of the CAA, and
if the state determines that it does, the
state may submit a SIP revision
certification to that effect to meet this
obligation for purposes of the 2008
ozone NAAQS.
On February 9, 2018, Massachusetts
submitted an emissions statement
certification as a SIP revision request.
The submittal notes that Massachusetts
had previously adopted an emissions
statement program pursuant to
obligations it had under the one-hour
ozone standard, and that EPA approved
that program into the Massachusetts SIP
on March 24, 1996. See 61 FR 11556.
Massachusetts reviewed its current set
of air pollution reporting requirements
and confirmed that pursuant to its
authority under 310 CMR 7.12, Source
Registration, all stationary sources of
volatile organic compounds (VOCs)
and/or nitrogen oxides (NOX) that emit
25 tons or more per year of those
pollutants are required to report their
emissions to the Commonwealth, along
with a certification as to the accuracy of
the reported emissions. EPA has
approved 310 CMR 7.12 into the
Massachusetts SIP, most recently on
April 24, 2014. See 79 FR 22774.
Emissions from smaller stationary
sources that emit less than 25 tons per
year of VOC and/or NOX are inventoried
as area sources within emissions
inventories prepared by the
Commonwealth, such as the 2011
emissions inventory that is described in
section II.B of this proposal. Given the
above, we propose to approve
Massachusetts’ emissions statement
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certification for purposes of the 2008
ozone NAAQS.
B. 2011 Base Year Emissions Inventory
CAA section 172(c)(3) requires that
each SIP include a ‘‘comprehensive,
accurate, current inventory of actual
emissions from all sources of the
relevant pollutant or pollutants in [the]
area. . . .’’ In requiring an accounting
of actual emissions from all sources of
the relevant pollutants in the area, this
section provides for the ‘‘base year’’
inventory to include all emissions that
contribute to the formation of a
particular NAAQS pollutant.
Additionally, for the 2008 ozone
NAAQS, EPA’s March 6, 2015, ozone
rule recommended 2011 be used as the
base year.
On February 9, 2018, the
Commonwealth submitted to EPA an
emissions inventory of ozone precursors
for 2011 as a SIP revision request. The
inventory was submitted to meet the
CAA section 182(a)(3)(A) obligation to
develop a base year inventory.
Massachusetts conducted a public
comment process on the inventory
which concluded on February 2, 2018.
The inventories include emission
estimates in tons per summer day and
represent emissions estimates from
stationary and mobile source categories
during a typical summer day when
ozone formation is highest. The ozone
emissions inventory catalogs NOX and
VOC emissions because these pollutants
are precursors to ozone formation. The
Commonwealth’s 2011 emissions
inventory contains emission estimates
for each county in the Commonwealth.1
The Massachusetts 2011 emission
inventory documents the procedures
used to estimate emissions from
individual stationary sources, referred
to as point sources. The inventory
describes how individual industrial
sources with emissions as low as 1 ton
per year submit, by means of the
Massachusetts Department of
Environmental Protections (MA–DEPs)
‘‘eDEP’’ online application, information
on fuel use, materials use, air pollution
control equipment, and air emissions.
The Commonwealth transmitted its
2011 point source air emissions data to
EPA’s National Emissions Inventory
(NEI) database in accordance with the
requirements found within 40 CFR part
51, subpart A.
Area source emission estimates are
made for small, stationary sources of air
pollution that do not emit much
individually but do have significant
emissions collectively. Examples
include gasoline stations, automobile
refinishing shops, and architectural and
industrial maintenance coatings. The
Commonwealth’s area source emissions
inventory identifies the source
categories for which the Commonwealth
relied upon EPA’s estimates, provides
information on any adjustments made to
EPA estimates, and notes which
categories’ emission estimates were
prepared by the Commonwealth. The
inventory also explains how double
counting was avoided between
emissions from facilities inventoried as
individual point sources and area
source emission estimates.
Massachusetts relied upon emission
estimates obtained from EPA’s Motor
Vehicle Emissions Simulator (MOVES)
model to calculate emissions for on-road
and most non-road mobile source
sectors. The Commonwealth provided
the model with local activity inputs
including vehicle miles traveled (VMT)
provided by the Massachusetts
Department of Transportation, and data
on vehicle type from the Massachusetts
Registry of Motor Vehicles.
Massachusetts also provided inputs to
the model for meteorological parameters
and fuel characteristics.
We propose to find that the air
emission estimates for these sources
were adequately accounted for in the
Commonwealth’s 2011 emissions
inventory. The methodology used to
calculate emissions for each source
category followed relevant EPA
guidance, most notably the July 2017
guidance entitled ‘‘Emissions Inventory
Guidance for Implementation of Ozone
and Particulate Matter National
Ambient Air Quality Standards and
Regional Haze Regulations.’’
Additionally, the Commonwealth used
appropriate, documented emission
factors, or relied on emission estimates
prepared for EPA’s National Emissions
Inventory. Furthermore, the inventory
submittal is sufficiently documented as
to the techniques used to prepare the
emission estimates.
Table 1 shows the emissions by
source category, in tons per summer day
(tpsd), from the 2011 base year emission
inventory for Dukes County.
TABLE 1—EMISSIONS INVENTORY SUMMARY FOR DUKES COUNTY
[Tons/summer day]
Dukes County
Source ......................................................................................................................................................................
Point .........................................................................................................................................................................
Area ..........................................................................................................................................................................
Nonroad ...................................................................................................................................................................
Onroad .....................................................................................................................................................................
Biogenic ...................................................................................................................................................................
VOC
0.09
1.20
4.01
0.10
3.31
NOX
0.67
0.06
6.47
0.21
0.19
Totals ................................................................................................................................................................
8.71
7.00
Additional details regarding the
Massachusetts emissions inventory are
included in the Commonwealth’s 2011
Periodic Emissions Inventory document,
which is available in the docket for this
proposed rulemaking. The inventories
are based on the most current and
accurate information available to the
Commonwealth at the time the
inventories were being developed.
Additionally, the inventories
comprehensively address all source
categories in the Commonwealth’s
nonattainment area and were developed
consistent with the relevant EPA
inventory guidance. For these reasons,
we are proposing to approve the 2011
base year emissions inventory for Dukes
county into the Massachusetts SIP as
meeting the requirements of CAA
section 172(c)(3).
1 Although the Massachusetts 2011 emissions
inventory contains emissions estimates for all
counties in the Commonwealth, pursuant to Section
182(a)(3)(A), only an inventory for the
Commonwealth’s marginal nonattainment area,
Dukes county, was required.
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C. Stationary Source Registration
Requirements
On May 10, 2018, Massachusetts
submitted updates to 310 CMR 7.12,
Source Registration, which provides the
applicability levels and reporting
requirements for industrial sources to
use to report air emissions data to the
Commonwealth. The revisions include
an exemption for small combustion
sources whose only emissions come
from burning oil or gas, a revision to the
annual reporting due date for some
filers, and a lowered reporting threshold
for lead.
The Commonwealth’s previous
reporting thresholds had been quite low,
requiring approximately 2,300
individual facilities to report their air
emissions to the Commonwealth, and
was considerably lower than required
by the federal reporting guidelines
found within 40 CFR part 51, subpart A,
Air Emissions Reporting Requirements.
Subpart A essentially only requires
sources considered major for Title V
permitting purposes to report their
emissions to the state. The
Commonwealth’s reporting
requirements will continue to be more
stringent than what is minimally
required by 40 CFR part 51, subpart A,
after accounting for the exemption.
Additionally, emissions from the small,
exempted sources will be covered
within the area source portion of the
emission inventories that the
Commonwealth periodically prepares.
Subpart A’s air emissions reporting
requirements directs states to report
their data to EPA by December 31 of the
year following that in which the
emissions occurred. To accomplish this,
states set reporting deadlines generally
in the springtime for sources to report
their emissions to the state.
Massachusetts has moved up some of its
reporting deadlines for sources
reporting to the Commonwealth in order
to provide the Commonwealth with
more time to review the submitted
information and prepare electronic files
for submittal to EPA.
In February of 2015, EPA made a
number of changes to the air emissions
reporting requirements of 40 CFR part
51, subpart A, including a lowering of
the threshold for sources emitting lead
from 5 tons per year to 0.5 tons per year.
The Commonwealth is, therefore,
modifying its lead reporting threshold to
match the new federal reporting
threshold of 0.5 tons per year.
In addition to the above,
Massachusetts made several other minor
updates and clarifications to 310 CMR
7.12. These changes, as well as
additional details regarding the changes
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described above, are available within
the Commonwealth’s SIP submittal
which is available in the docket for this
action. We are proposing approval of
these revisions for the reasons stated
above.
D. Emergency Episode Planning
Provisions
On February 9, 2018, Massachusetts
submitted 310 CMR 8.00, The
Prevention and/or Abatement of Air
Pollution Episode and Air Pollution
Incident Emergencies, to EPA as a SIP
revision request. The Commonwealth
submitted this regulation in response to
EPA’s December 21, 2016, final rule,
which conditionally approved one
aspect of the Commonwealth’s
Infrastructure SIP submissions for CAA
section 110(a)(2)(G) for the 1997 ozone,
2008 ozone, and 2010 SO2 NAAQS. See
81 FR 93629. Specifically, EPA
conditionally approved the submissions
for the contingency plan requirements
of section 110(a)(2)(G). Additional
details regarding EPA’s rationale for
requiring that the Commonwealth revise
its SIP to address this issue are
explained within our July 20, 2016,
Notice of Proposed Rulemaking. See 81
FR 47133.
We propose that 310 CMR 8.00
satisfies the contingency plan
requirements of CAA section
110(a)(2)(G) and implementing
regulations at 40 CFR part 51, subpart H.
More specifically, 310 CMR 8.00 is
modeled on EPA’s example regulations
for emergency contingency plans at 40
CFR part 51, appendix L, and specifies
episode criteria and control actions for
air pollution alerts, warnings, and
emergencies to prevent ambient
pollution concentrations from reaching
significant harm levels, thereby
satisfying 40 CFR 51.151 and
51.152(a)(1) and (3). See 310 CMR 8.03
and 8.07. Section 8.03 also specifically
provides for acquisition of forecasts of
atmospheric stagnation conditions from
the National Weather Service (NWS),
thereby satisfying 40 CFR 51.152(b)(1).
See 310 CMR 8.03(1)(a). Moreover, the
Commonwealth, as a matter of practice,
posts on the internet daily forecasted
ozone and fine particle levels through
the EPA AirNow and EPA EnviroFlash
systems. Information regarding these
two systems is available on EPA’s
website at https://www.airnow.gov.
Notices are sent out to EnviroFlash
participants when levels are forecast to
exceed the current 8-hour ozone and
fine particle standards. In addition,
when levels are expected to exceed
these standards in Massachusetts, the
media are alerted via a press release,
and the NWS is alerted to issue an Air
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62535
Quality Advisory through the normal
NWS weather alert system. See also 310
CMR 8.05(4). These actions are similar
to the notification and communication
requirements of 40 CFR 51.152(a)(2),
(b)(1), and (b)(3). Finally,
Massachusetts’ emergency contingency
plan satisfies 40 CFR 51.152(b)(2)
insofar as 310 CMR 8.22 authorizes state
and local police, fire department
officials, and public health officials to
enforce compliance with applicable
emergency control action requirements.
For these reasons, EPA proposes that
310 CMR 8.00 satisfies the requirements
of CAA § 110(a)(2)(G) and 40 CFR part
51, subpart H. Consequently, we
propose to approve 310 CMR 8.00 into
the Massachusetts SIP and to convert to
full approvals the previous conditional
approvals for the contingency plan
requirements of CAA § 110(a)(2)(G) for
the 1997 ozone, 2008 ozone, and 2010
SO2 NAAQS infrastructure SIPs.
III. Proposed Action
EPA is proposing to approve SIP
revisions submitted by the
Commonwealth of Massachusetts
representing a 2011 base year emissions
inventory, an emissions statement
certification, revisions to 310 CMR 7.12,
Source Registration, and 310 CMR 8.00,
The Prevention and/or Abatement of Air
Pollution Episode and Air Pollution
Incident Emergencies. EPA also
proposes to convert to full approvals the
previous conditional approvals for the
contingency plan requirements of CAA
§ 110(a)(2)(G) for the 1997 ozone, 2008
ozone, and 2010 SO2 NAAQS
infrastructure SIPs. EPA is soliciting
public comments on the issues
discussed in this document or on other
relevant matters. These comments will
be considered before taking final action.
Interested parties may participate in the
Federal rulemaking procedure by
submitting written comments to this
proposed rulemaking by following the
instructions listed in the ADDRESSES
section of this Federal Register.
IV. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
310 CMR 7.12, Source Registration,
discussed in section 2.C. of this
preamble, and 310 CMR 8.00, The
Prevention and/or Abatement of Air
Pollution Episodes and Air Pollution
Incident Emergencies, discussed in
section 2. D. of this preamble. The EPA
has made, and will continue to make,
these documents generally available
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through https://www.regulations.gov
and at the EPA Region 1 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this proposed action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this proposed action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• This action is not expected to be an
Executive Order 13771 regulatory action
because this action is not significant
under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
VerDate Sep<11>2014
16:41 Dec 03, 2018
Jkt 247001
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: November 28, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
[FR Doc. 2018–26283 Filed 12–3–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 147
[EPA–HQ–OW–2018–0669; FRL–9987–17–
OW]
State of North Dakota Underground
Injection Control Program; Class I, III,
IV, and V Primacy Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) proposes to approve an
application from the State of North
Dakota under the Safe Drinking Water
Act (SDWA) to revise the State’s
existing Underground Injection Control
(UIC) program for Class I, III, IV, and V
injection wells located within the State,
except those in Indian country. North
Dakota is revising its UIC Class I, III, IV,
and V program regulations to transfer
primary enforcement authority from the
North Dakota Department of Health to
the North Dakota Department of
Environmental Quality.
DATES: Comments must be received on
or before January 8, 2019. A public
hearing is scheduled to be held on
January 8, 2019 from 2 p.m. to 5 p.m.
and 6 p.m. to 8 p.m., central daylight
time. The hearing will be held only if
requests are received within 30 days of
publication. If no requests are received
SUMMARY:
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
by January 3, 2019, the hearing will be
cancelled. Confirmation or cancellation
of the public hearing will be announced
on January 3, 2019, on the EPA Region
VIII’s website at: https://www.epa.gov/
uic/underground-injection-control-eparegion-8-co-mt-nd-sd-ut-and-wy.
ADDRESSES: Hearing location: North
Dakota Department of Health’s fourth
floor Conference Room, 918 East Divide
Avenue, Bismarck, North Dakota.
Requests for a public hearing may be
mailed or emailed to: Omar SierraLopez, U.S. Environmental Protection
Agency, Region VIII, Mail Code: 8WP–
SUI, 1595 Wynkoop Street, Denver,
Colorado 80202–1129, or sierralopez.omar@epa.gov.
Docket Review and Comments
Requested: The application and
supplemental docket materials are
available electronically on https://
www.regulations.gov, identified by
Docket ID No. EPA–HQ–OW–2018–
0669. Submit your comments to the
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or withdrawn. The EPA may
publish any comments received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system).
For additional submission methods,
the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kyle
Carey, Drinking Water Protection
Division, Office of Ground Water and
Drinking Water (4606M), U.S.
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460; telephone number: (202) 564–
2322; fax number: (202) 564–3754;
email address: carey.kyle@epa.gov, or
Omar Sierra-Lopez, Underground
Injection Control Unit, Safe Drinking
Water Program, Office of Water
Protection (8WP–SUI), U.S.
Environmental Protection Agency,
Region VIII, 1595 Wynkoop Street,
E:\FR\FM\04DEP1.SGM
04DEP1
]]>Agencies
[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Proposed Rules]
[Pages 62532-62536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26283]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2018-0771; FRL-9987-00-Region 1]
Air Plan Approval; Massachusetts; Air Emissions Inventory,
Emissions Statements, Source Registration, and Emergency Episode
Planning Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve State Implementation Plan (SIP) revisions submitted by the
Commonwealth of Massachusetts. The revisions establish a 2011 base year
emissions inventory, an emissions statement certification, revisions to
an existing stationary source registration program, and requirements to
be undertaken during air pollution emergencies. This action is being
taken under the Clean Air Act.
[[Page 62533]]
DATES: Written comments must be received on or before January 3, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2018-0771 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets. Publicly
available docket materials are available at https://www.regulations.gov
or at the U.S. Environmental Protection Agency, EPA Region 1 Regional
Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5
Post Office Square--Suite 100, Boston, MA. EPA requests that if at all
possible, you contact the contact listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Bob McConnell, Environmental Engineer,
Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02),
U.S. Environmental Protection Agency, Region 1, 5 Post Office Square,
Suite 100, Boston, Massachusetts, 02109-3912; (617) 918-1046;
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. The term ``the Commonwealth''
refers to the State of Massachusetts.
Table of Contents
I. Background
II. Description and Evaluation of Commonwealth's Submittals
A. Emissions Statement Certification
B. 2011 Base Year Emissions Inventory
C. Stationary Source Registration Requirements
D. Emergency Episode Planning Provisions
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On March 12, 2008, the EPA revised both the primary and secondary
NAAQS for ozone to a level of 0.075 parts per million (ppm) (annual
fourth-highest daily maximum 8-hour average concentration, averaged
over three years) to provide increased protection of public health and
the environment (73 FR 16436, March 27, 2008). The 2008 ozone NAAQS
retains the same general form and averaging time as the 0.08 ppm NAAQS
set in 1997, but is set at a more protective level. Under the EPA's
regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is attained
when the 3-year average of the annual fourth highest daily maximum 8-
hour average ambient air quality ozone concentrations is less than or
equal to 0.075 ppm. See 40 CFR 50.15.
Effective July 20, 2012, the EPA designated as nonattainment any
area that was violating the 2008 8-hour ozone NAAQS based on the three
most recent years (2008-2010) of air monitoring data (77 FR 30088, May
21, 2012). Within that rulemaking, Dukes County in Massachusetts was
designated as a marginal ozone nonattainment area. Pursuant to section
182(a) of the Clean Air Act (CAA), marginal ozone nonattainment areas
are required to submit a number of SIP revisions, including, pursuant
to section 182(a)(1), an emissions inventory containing actual emission
estimates from all sources, and, pursuant to section 182(a)(3)(B), an
emissions statement program to collect actual emissions data from
certain industrial sources within the state. Massachusetts accomplishes
the latter by means of requirements within title 310 of the Code of
Massachusetts Regulations (CMR), specifically, within 310 CMR 7.12,
Source Registration.
Each time EPA revises a NAAQS, states are required by section
110(a)(2) to submit a certification that their SIP contains the
necessary requirements to carry out all the state's obligations under
the CAA. These SIPs are referred to as infrastructure SIPs, and EPA
conditionally approved several aspects of Massachusetts' infrastructure
SIPs for the 1997 ozone, 2008 ozone, and 2010 SO2 NAAQS. See
81 FR 93627 (December 21, 2016). On February 9, 2018, Massachusetts
submitted 310 CMR 8.00, The Prevention and/or Abatement of Air
Pollution Episode and Air Pollution Incident Emergencies, to satisfy
one of the conditions within EPA's December 21, 2016, final rule.
II. Description and Evaluation of Commonwealth's Submittals
A. Emissions Statement Certification
EPA's implementation rule for the 2008 ozone NAAQS, herein referred
to as the 2008 ozone rule, was published in the Federal Register on
March 6, 2015. See 80 FR 12264. The 2008 ozone rule notes than many
areas that were nonattainment for the 2008 ozone NAAQS had previously
adopted an emissions statement reporting program due to being
nonattainment for a prior ozone NAAQS. For these areas, the 2008 ozone
rule indicates that the state should review its existing rule to see
whether it still meets the requirements of section 182(a)(3)(B) of the
CAA, and if the state determines that it does, the state may submit a
SIP revision certification to that effect to meet this obligation for
purposes of the 2008 ozone NAAQS.
On February 9, 2018, Massachusetts submitted an emissions statement
certification as a SIP revision request. The submittal notes that
Massachusetts had previously adopted an emissions statement program
pursuant to obligations it had under the one-hour ozone standard, and
that EPA approved that program into the Massachusetts SIP on March 24,
1996. See 61 FR 11556. Massachusetts reviewed its current set of air
pollution reporting requirements and confirmed that pursuant to its
authority under 310 CMR 7.12, Source Registration, all stationary
sources of volatile organic compounds (VOCs) and/or nitrogen oxides
(NOX) that emit 25 tons or more per year of those pollutants
are required to report their emissions to the Commonwealth, along with
a certification as to the accuracy of the reported emissions. EPA has
approved 310 CMR 7.12 into the Massachusetts SIP, most recently on
April 24, 2014. See 79 FR 22774. Emissions from smaller stationary
sources that emit less than 25 tons per year of VOC and/or
NOX are inventoried as area sources within emissions
inventories prepared by the Commonwealth, such as the 2011 emissions
inventory that is described in section II.B of this proposal. Given the
above, we propose to approve Massachusetts' emissions statement
[[Page 62534]]
certification for purposes of the 2008 ozone NAAQS.
B. 2011 Base Year Emissions Inventory
CAA section 172(c)(3) requires that each SIP include a
``comprehensive, accurate, current inventory of actual emissions from
all sources of the relevant pollutant or pollutants in [the] area. . .
.'' In requiring an accounting of actual emissions from all sources of
the relevant pollutants in the area, this section provides for the
``base year'' inventory to include all emissions that contribute to the
formation of a particular NAAQS pollutant. Additionally, for the 2008
ozone NAAQS, EPA's March 6, 2015, ozone rule recommended 2011 be used
as the base year.
On February 9, 2018, the Commonwealth submitted to EPA an emissions
inventory of ozone precursors for 2011 as a SIP revision request. The
inventory was submitted to meet the CAA section 182(a)(3)(A) obligation
to develop a base year inventory. Massachusetts conducted a public
comment process on the inventory which concluded on February 2, 2018.
The inventories include emission estimates in tons per summer day and
represent emissions estimates from stationary and mobile source
categories during a typical summer day when ozone formation is highest.
The ozone emissions inventory catalogs NOX and VOC emissions
because these pollutants are precursors to ozone formation. The
Commonwealth's 2011 emissions inventory contains emission estimates for
each county in the Commonwealth.\1\
---------------------------------------------------------------------------
\1\ Although the Massachusetts 2011 emissions inventory contains
emissions estimates for all counties in the Commonwealth, pursuant
to Section 182(a)(3)(A), only an inventory for the Commonwealth's
marginal nonattainment area, Dukes county, was required.
---------------------------------------------------------------------------
The Massachusetts 2011 emission inventory documents the procedures
used to estimate emissions from individual stationary sources, referred
to as point sources. The inventory describes how individual industrial
sources with emissions as low as 1 ton per year submit, by means of the
Massachusetts Department of Environmental Protections (MA-DEPs)
``eDEP'' online application, information on fuel use, materials use,
air pollution control equipment, and air emissions. The Commonwealth
transmitted its 2011 point source air emissions data to EPA's National
Emissions Inventory (NEI) database in accordance with the requirements
found within 40 CFR part 51, subpart A.
Area source emission estimates are made for small, stationary
sources of air pollution that do not emit much individually but do have
significant emissions collectively. Examples include gasoline stations,
automobile refinishing shops, and architectural and industrial
maintenance coatings. The Commonwealth's area source emissions
inventory identifies the source categories for which the Commonwealth
relied upon EPA's estimates, provides information on any adjustments
made to EPA estimates, and notes which categories' emission estimates
were prepared by the Commonwealth. The inventory also explains how
double counting was avoided between emissions from facilities
inventoried as individual point sources and area source emission
estimates.
Massachusetts relied upon emission estimates obtained from EPA's
Motor Vehicle Emissions Simulator (MOVES) model to calculate emissions
for on-road and most non-road mobile source sectors. The Commonwealth
provided the model with local activity inputs including vehicle miles
traveled (VMT) provided by the Massachusetts Department of
Transportation, and data on vehicle type from the Massachusetts
Registry of Motor Vehicles. Massachusetts also provided inputs to the
model for meteorological parameters and fuel characteristics.
We propose to find that the air emission estimates for these
sources were adequately accounted for in the Commonwealth's 2011
emissions inventory. The methodology used to calculate emissions for
each source category followed relevant EPA guidance, most notably the
July 2017 guidance entitled ``Emissions Inventory Guidance for
Implementation of Ozone and Particulate Matter National Ambient Air
Quality Standards and Regional Haze Regulations.'' Additionally, the
Commonwealth used appropriate, documented emission factors, or relied
on emission estimates prepared for EPA's National Emissions Inventory.
Furthermore, the inventory submittal is sufficiently documented as to
the techniques used to prepare the emission estimates.
Table 1 shows the emissions by source category, in tons per summer
day (tpsd), from the 2011 base year emission inventory for Dukes
County.
Table 1--Emissions Inventory Summary for Dukes County
[Tons/summer day]
------------------------------------------------------------------------
---------------------------------------------------------
Dukes County
------------------------------------------------------------------------
Source.................................. VOC NOX
Point................................... 0.09 0.67
Area.................................... 1.20 0.06
Nonroad................................. 4.01 6.47
Onroad.................................. 0.10 0.21
Biogenic................................ 3.31 0.19
-------------------------------
Totals.............................. 8.71 7.00
------------------------------------------------------------------------
Additional details regarding the Massachusetts emissions inventory
are included in the Commonwealth's 2011 Periodic Emissions Inventory
document, which is available in the docket for this proposed
rulemaking. The inventories are based on the most current and accurate
information available to the Commonwealth at the time the inventories
were being developed. Additionally, the inventories comprehensively
address all source categories in the Commonwealth's nonattainment area
and were developed consistent with the relevant EPA inventory guidance.
For these reasons, we are proposing to approve the 2011 base year
emissions inventory for Dukes county into the Massachusetts SIP as
meeting the requirements of CAA section 172(c)(3).
[[Page 62535]]
C. Stationary Source Registration Requirements
On May 10, 2018, Massachusetts submitted updates to 310 CMR 7.12,
Source Registration, which provides the applicability levels and
reporting requirements for industrial sources to use to report air
emissions data to the Commonwealth. The revisions include an exemption
for small combustion sources whose only emissions come from burning oil
or gas, a revision to the annual reporting due date for some filers,
and a lowered reporting threshold for lead.
The Commonwealth's previous reporting thresholds had been quite
low, requiring approximately 2,300 individual facilities to report
their air emissions to the Commonwealth, and was considerably lower
than required by the federal reporting guidelines found within 40 CFR
part 51, subpart A, Air Emissions Reporting Requirements. Subpart A
essentially only requires sources considered major for Title V
permitting purposes to report their emissions to the state. The
Commonwealth's reporting requirements will continue to be more
stringent than what is minimally required by 40 CFR part 51, subpart A,
after accounting for the exemption. Additionally, emissions from the
small, exempted sources will be covered within the area source portion
of the emission inventories that the Commonwealth periodically
prepares.
Subpart A's air emissions reporting requirements directs states to
report their data to EPA by December 31 of the year following that in
which the emissions occurred. To accomplish this, states set reporting
deadlines generally in the springtime for sources to report their
emissions to the state. Massachusetts has moved up some of its
reporting deadlines for sources reporting to the Commonwealth in order
to provide the Commonwealth with more time to review the submitted
information and prepare electronic files for submittal to EPA.
In February of 2015, EPA made a number of changes to the air
emissions reporting requirements of 40 CFR part 51, subpart A,
including a lowering of the threshold for sources emitting lead from 5
tons per year to 0.5 tons per year. The Commonwealth is, therefore,
modifying its lead reporting threshold to match the new federal
reporting threshold of 0.5 tons per year.
In addition to the above, Massachusetts made several other minor
updates and clarifications to 310 CMR 7.12. These changes, as well as
additional details regarding the changes described above, are available
within the Commonwealth's SIP submittal which is available in the
docket for this action. We are proposing approval of these revisions
for the reasons stated above.
D. Emergency Episode Planning Provisions
On February 9, 2018, Massachusetts submitted 310 CMR 8.00, The
Prevention and/or Abatement of Air Pollution Episode and Air Pollution
Incident Emergencies, to EPA as a SIP revision request. The
Commonwealth submitted this regulation in response to EPA's December
21, 2016, final rule, which conditionally approved one aspect of the
Commonwealth's Infrastructure SIP submissions for CAA section
110(a)(2)(G) for the 1997 ozone, 2008 ozone, and 2010 SO2
NAAQS. See 81 FR 93629. Specifically, EPA conditionally approved the
submissions for the contingency plan requirements of section
110(a)(2)(G). Additional details regarding EPA's rationale for
requiring that the Commonwealth revise its SIP to address this issue
are explained within our July 20, 2016, Notice of Proposed Rulemaking.
See 81 FR 47133.
We propose that 310 CMR 8.00 satisfies the contingency plan
requirements of CAA section 110(a)(2)(G) and implementing regulations
at 40 CFR part 51, subpart H. More specifically, 310 CMR 8.00 is
modeled on EPA's example regulations for emergency contingency plans at
40 CFR part 51, appendix L, and specifies episode criteria and control
actions for air pollution alerts, warnings, and emergencies to prevent
ambient pollution concentrations from reaching significant harm levels,
thereby satisfying 40 CFR 51.151 and 51.152(a)(1) and (3). See 310 CMR
8.03 and 8.07. Section 8.03 also specifically provides for acquisition
of forecasts of atmospheric stagnation conditions from the National
Weather Service (NWS), thereby satisfying 40 CFR 51.152(b)(1). See 310
CMR 8.03(1)(a). Moreover, the Commonwealth, as a matter of practice,
posts on the internet daily forecasted ozone and fine particle levels
through the EPA AirNow and EPA EnviroFlash systems. Information
regarding these two systems is available on EPA's website at https://www.airnow.gov. Notices are sent out to EnviroFlash participants when
levels are forecast to exceed the current 8-hour ozone and fine
particle standards. In addition, when levels are expected to exceed
these standards in Massachusetts, the media are alerted via a press
release, and the NWS is alerted to issue an Air Quality Advisory
through the normal NWS weather alert system. See also 310 CMR 8.05(4).
These actions are similar to the notification and communication
requirements of 40 CFR 51.152(a)(2), (b)(1), and (b)(3). Finally,
Massachusetts' emergency contingency plan satisfies 40 CFR 51.152(b)(2)
insofar as 310 CMR 8.22 authorizes state and local police, fire
department officials, and public health officials to enforce compliance
with applicable emergency control action requirements.
For these reasons, EPA proposes that 310 CMR 8.00 satisfies the
requirements of CAA Sec. 110(a)(2)(G) and 40 CFR part 51, subpart H.
Consequently, we propose to approve 310 CMR 8.00 into the Massachusetts
SIP and to convert to full approvals the previous conditional approvals
for the contingency plan requirements of CAA Sec. 110(a)(2)(G) for the
1997 ozone, 2008 ozone, and 2010 SO2 NAAQS infrastructure
SIPs.
III. Proposed Action
EPA is proposing to approve SIP revisions submitted by the
Commonwealth of Massachusetts representing a 2011 base year emissions
inventory, an emissions statement certification, revisions to 310 CMR
7.12, Source Registration, and 310 CMR 8.00, The Prevention and/or
Abatement of Air Pollution Episode and Air Pollution Incident
Emergencies. EPA also proposes to convert to full approvals the
previous conditional approvals for the contingency plan requirements of
CAA Sec. 110(a)(2)(G) for the 1997 ozone, 2008 ozone, and 2010
SO2 NAAQS infrastructure SIPs. EPA is soliciting public
comments on the issues discussed in this document or on other relevant
matters. These comments will be considered before taking final action.
Interested parties may participate in the Federal rulemaking procedure
by submitting written comments to this proposed rulemaking by following
the instructions listed in the ADDRESSES section of this Federal
Register.
IV. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference 310 CMR 7.12, Source Registration, discussed in section 2.C.
of this preamble, and 310 CMR 8.00, The Prevention and/or Abatement of
Air Pollution Episodes and Air Pollution Incident Emergencies,
discussed in section 2. D. of this preamble. The EPA has made, and will
continue to make, these documents generally available
[[Page 62536]]
through https://www.regulations.gov and at the EPA Region 1 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
This action is not expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: November 28, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
[FR Doc. 2018-26283 Filed 12-3-18; 8:45 am]
BILLING CODE 6560-50-P
