Air Plan Approval; Massachusetts; Air Emissions Inventory, Emissions Statements, Source Registration, and Emergency Episode Planning Provisions, 7299-7301 [2019-03444]
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Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Rules and Regulations
Dated: February 26, 2019.
Scott Stump,
Assistant Secretary for Career, Technical, and
Adult Education.
organization until the hearing officer
issues a written decision on any appeal
brought under this section.
For the reasons discussed in the
preamble, and under the authority of
section 414 of the Department of
Education Organization Act, 20 U.S.C.
3474, and section 437 of the General
Education Provisions Act (20 U.S.C.
1221e–3), the Secretary of Education
amends chapter IV of title 34 of the
Code of Federal Regulations as follows:
§§ 401.2, 401.3, 401.4, and 401.5
and Reserved]
PART 400—[Removed and Reserved]
PART 402—[Removed and Reserved]
■
1. Part 400 is removed and reserved.
[Removed
6. Remove and reserve §§ 401.2, 401.3,
401.4, and 401.5.
■
§§ 401.10, 401.20, 401.21, 401.22, 401.30,
and 401.31 [Removed]
7. Remove §§ 401.10, 401.20, 401.21,
401.22, 401.30, and 401.31.
■
■
8. Part 402 is removed and reserved.
PART 403—[Removed and Reserved]
PART 401—NATIVE AMERICAN
CAREER AND TECHNICAL
EDUCATION PROGRAM
■
2. Revise the authority citation for part
401 to read as follows:
■
Authority: 20 U.S.C. 2313(b), 25 U.S.C.
5321.
9. Part 403 is removed and reserved.
PART 406—[Removed and Reserved]
■
10. Part 406 is removed and reserved.
PART 410—[Removed and Reserved]
3. The heading of part 401 is revised
to read as set forth above.
■
§ 401.1
PART 411—[Removed and Reserved]
■
■
[Removed]
4. Remove § 401.1.
■
§ 401.23 [Redesignated as § 401.1 and
Amended]
5. Redesignate § 401.23 as § 401.1 and
revise newly redesignated § 401.1 to
read as follows:
§ 401.1 Is the Secretary’s decision not to
make an award under the Native American
Career and Technical Education Program
subject to a hearing?
(a) After receiving written notice from
an authorized official of the Department
that the Secretary will not award a grant
or cooperative agreement to an eligible
applicant, an Indian tribal organization
has 30 calendar days to make a written
request to the Secretary for a hearing to
review the Secretary’s decision.
(b) Within 10 business days of the
Department’s receipt of a hearing
request, the Secretary designates a
Department employee who is not
assigned to the Office of Career,
Technical, and Adult Education to serve
as a hearing officer. The hearing officer
conducts a hearing and issues a written
decision within 75 calendar days of the
Department’s receipt of the hearing
request. The hearing officer establishes
rules for the conduct of the hearing. The
hearing officer conducts the hearing
solely on the basis of written
submissions unless the officer
determines, in accordance with
standards in 34 CFR 81.6(b), that oral
argument or testimony is necessary.
(c) The Secretary does not make any
award under this part to an Indian tribal
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12. Part 411 is removed and reserved.
PART 413—[Removed and Reserved]
■
VerDate Sep<11>2014
11. Part 410 is removed and reserved.
■
13. Part 413 is removed and reserved.
[FR Doc. 2019–03661 Filed 3–1–19; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2018–0771; FRL–9989–90–
Region 1]
Air Plan Approval; Massachusetts; Air
Emissions Inventory, Emissions
Statements, Source Registration, and
Emergency Episode Planning
Provisions
7299
EPA’s 1997 ozone, 2008 ozone, and
2010 SO2 National Ambient Air Quality
Standards. This action is being taken
under the Clean Air Act.
DATES: This rule is effective on April 3,
2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2018–0771. All documents in the docket
are listed on the https://
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
Region 1 Regional Office, Office of
Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square,
Suite 100, Boston, MA. EPA requests
that if at all possible, you contact the
contact listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Bob
McConnell, Environmental Engineer,
Air Quality Planning Unit, Air Programs
Branch (Mail Code OEP05–02), U.S.
Environmental Protection Agency,
Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts 02109–3912;
(617) 918–1046; mcconnell.robert@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. The term ‘‘the Commonwealth’’
refers to Massachusetts.
Table of Contents
Environmental Protection
Agency (EPA).
ACTION: Final rule.
I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the Commonwealth of
Massachusetts. The revisions establish a
2011 base year emissions inventory, an
emissions statement certification,
revisions to an existing stationary
source registration program, and
requirements to be undertaken during
air pollution emergencies. These SIP
revisions were submitted to meet Clean
Air Act requirements with respect to
I. Background and Purpose
On December 4, 2018, (83 FR 62532),
EPA published a notice of proposed
rulemaking (NPRM) for the
Commonwealth of Massachusetts. The
NPRM proposed approval of a 2011 base
year emissions inventory, an emissions
statement certification, revisions to an
existing stationary source registration
program, and requirements to be
undertaken during air pollution
emergencies. The 2011 emissions
inventory and the emissions statement
AGENCY:
SUMMARY:
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Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Rules and Regulations
certification submittals were made to
meet, in part, requirements for marginal
nonattainment areas for the 2008 ozone
national ambient air quality standard
(NAAQS). The Commonwealth revised
its stationary source registration
program primarily to match the lead
reporting threshold within 40 CFR part
51, subpart A. Massachusetts submitted
its regulation governing procedures
during air pollution emergencies to
meet the infrastructure planning
requirement found within section
110(a)(2)(G) of the Clean Air Act (CAA).
Other specific requirements of the
Commonwealth’s SIP revisions and the
rationale for our proposed action are
explained in the NPRM and will not be
restated here.
We did not receive any comments on
our NPRM.
II. Final Action
EPA is approving SIP revisions
submitted by the Commonwealth of
Massachusetts representing a 2011 base
year emissions inventory, an emissions
statement certification, and revisions to
310 CMR 7.12, Source Registration. We
are also converting our previous
conditional approval of 310 CMR 8.00,
The Prevention and/or Abatement of Air
Pollution Episodes and Air Pollution
Incident Emergencies, to a full approval.
III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of 310 CMR
7.12, Source Registration, and 310 CMR
8.00, The Prevention and/or Abatement
of Air Pollution Episodes and Air
Pollution Incident Emergencies,
described in the amendments to 40 CFR
part 52 set forth below. The EPA has
made, and will continue to make, these
documents generally available through
https://www.regulations.gov and at the
EPA Region 1 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference in the next
update to the SIP compilation.1
1 62
FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• This action is not an Executive
Order 13771 regulatory action because
this action is not significant under
Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
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or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by May 3, 2019.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: February 20, 2019.
Deborah A. Szaro,
Acting Regional Administrator, EPA
Region 1.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
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7301
Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
Subpart W—Massachusetts
2. In § 52.1120(c), amend the table by:
a. Revising the entry ‘‘310 CMR 7.12’’;
b. Removing the fourth entry for
‘‘Regulations for Prevention And/or
■
■
■
Abatement of Air Pollution Episode and
Air Pollution Incident Emergencies’’
and the entry ‘‘310 CMR 8.02 and 8.03’’;
and
c. Adding an entry ‘‘310 CMR 8.00’’
before the entry ‘‘310 CMR 60.02’’.
■
The revision and addition reads as
follows:
§ 52.1120
*
Identification of plan.
*
*
*
*
(c) * * *
EPA APPROVED MASSACHUSETTS REGULATIONS
State citation
State effective
date
Title/subject
EPA approval date 1
Explanations
*
*
*
310 CMR 7.12 ....... U Source Registration .........................................
*
3/9/2018
*
*
*
3/4/2019, [Insert FedRevisions made to existing requirements and
eral Register citation].
procedures for emissions reporting.
*
*
*
310 CMR 8.00 ....... The Prevention and/or Abatement of Air Pollution Episode and Air Pollution Incident Emergencies.
*
4/1/1994
*
*
*
3/4/2019, [Insert FedIncorporates full version of 310 CMR 8.00 into
eral Register citation].
the Massachusetts SIP, and converts conditional approval at § 52.1119(a)(5) to full approval.
*
1 To
*
*
*
*
*
*
determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
*
*
*
*
*
3. Section 52.1125 is amended by
adding paragraph (e) to read as follows:
■
§ 52.1125
Emission inventories.
*
*
*
*
*
(e) The Commonwealth of
Massachusetts submitted base year
emission inventories representing
emissions for calendar year 2011 for the
Dukes county marginal 8-hour ozone
nonattainment area on February 9, 2018,
as a revision to the Massachusetts SIP.
The 2011 base year emission inventory
requirement of section 182(a)(1) of the
Clean Air Act, as amended in 1990, has
been satisfied for this area. The
inventory consists of emission estimates
of volatile organic compounds and
nitrogen oxides, and applies to point,
area, non-road mobile, on-road mobile
and biogenic sources. The inventories
were submitted as revisions to the
Massachusetts SIP in partial fulfillment
of obligations for nonattainment areas
under EPA’s 2008 8-hour ozone
standard.
■ 4. Section 52.1129 is amended by
adding paragraph (l) to read as follows:
§ 52.1129
Control strategy: Ozone.
*
*
*
*
*
(l) On February 9, 2018,
Massachusetts submitted a certification
that its air emissions reporting
requirements applicable to stationary
sources meet the emission statement
requirements of section 182(a)(3)(B) of
the Clean Air Act. The certification was
submitted as a SIP revision in partial
fulfillment of obligations for
nonattainment areas under EPA’s 2008
8-hour ozone standard.
5. In § 52.1167, Table 52.1167 is
amended by adding entries for state
citations ‘‘310 CMR 7.12’’ and ‘‘310
CMR 8’’ in numerical order by state
citation and date approved by EPA to
read as follows:
■
§ 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
Federal Register
citation
State citation
Title/subject
*
310 CMR 7.12 ..........
*
U Source Registration .....
*
5/10/2018
4/3/2019
*
*
[Insert Federal Register
citation].
*
310 CMR 8 ...............
*
The Prevention and/or
Abatement of Air Pollution Episode and Air
Pollution Incident Emergencies.
*
2/9/2018
4/3/2019
*
*
[Insert Federal Register
citation].
*
*
*
*
*
*
*
*
52.1120(c)
Comments/unapproved sections
*
*
Revisions made to existing requirements and procedures for emissions
reporting.
*
*
Incorporates full version of 310 CMR
8.00 into the Massachusetts SIP,
and converts conditional approval at
§ 52.1119(a)(5) to full approval.
*
*
....................
*
*
[FR Doc. 2019–03444 Filed 3–1–19; 8:45 am]
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]]>Agencies
[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Rules and Regulations]
[Pages 7299-7301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03444]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2018-0771; FRL-9989-90-Region 1]
Air Plan Approval; Massachusetts; Air Emissions Inventory,
Emissions Statements, Source Registration, and Emergency Episode
Planning Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the Commonwealth of
Massachusetts. The revisions establish a 2011 base year emissions
inventory, an emissions statement certification, revisions to an
existing stationary source registration program, and requirements to be
undertaken during air pollution emergencies. These SIP revisions were
submitted to meet Clean Air Act requirements with respect to EPA's 1997
ozone, 2008 ozone, and 2010 SO2 National Ambient Air Quality
Standards. This action is being taken under the Clean Air Act.
DATES: This rule is effective on April 3, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2018-0771. All documents in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
Region 1 Regional Office, Office of Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square, Suite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Bob McConnell, Environmental Engineer,
Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02),
U.S. Environmental Protection Agency, Region 1, 5 Post Office Square,
Suite 100, Boston, Massachusetts 02109-3912; (617) 918-1046;
mcconnell.robert@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. The term ``the Commonwealth''
refers to Massachusetts.
Table of Contents
I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On December 4, 2018, (83 FR 62532), EPA published a notice of
proposed rulemaking (NPRM) for the Commonwealth of Massachusetts. The
NPRM proposed approval of a 2011 base year emissions inventory, an
emissions statement certification, revisions to an existing stationary
source registration program, and requirements to be undertaken during
air pollution emergencies. The 2011 emissions inventory and the
emissions statement
[[Page 7300]]
certification submittals were made to meet, in part, requirements for
marginal nonattainment areas for the 2008 ozone national ambient air
quality standard (NAAQS). The Commonwealth revised its stationary
source registration program primarily to match the lead reporting
threshold within 40 CFR part 51, subpart A. Massachusetts submitted its
regulation governing procedures during air pollution emergencies to
meet the infrastructure planning requirement found within section
110(a)(2)(G) of the Clean Air Act (CAA). Other specific requirements of
the Commonwealth's SIP revisions and the rationale for our proposed
action are explained in the NPRM and will not be restated here.
We did not receive any comments on our NPRM.
II. Final Action
EPA is approving SIP revisions submitted by the Commonwealth of
Massachusetts representing a 2011 base year emissions inventory, an
emissions statement certification, and revisions to 310 CMR 7.12,
Source Registration. We are also converting our previous conditional
approval of 310 CMR 8.00, The Prevention and/or Abatement of Air
Pollution Episodes and Air Pollution Incident Emergencies, to a full
approval.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of 310 CMR
7.12, Source Registration, and 310 CMR 8.00, The Prevention and/or
Abatement of Air Pollution Episodes and Air Pollution Incident
Emergencies, described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
generally available through https://www.regulations.gov and at the EPA
Region 1 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference in
the next update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
This action is not an Executive Order 13771 regulatory
action because this action is not significant under Executive Order
12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 3, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: February 20, 2019.
Deborah A. Szaro,
Acting Regional Administrator, EPA Region 1.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
[[Page 7301]]
Authority: 42 U.S.C. 7401 et seq.
Subpart W--Massachusetts
0
2. In Sec. 52.1120(c), amend the table by:
0
a. Revising the entry ``310 CMR 7.12'';
0
b. Removing the fourth entry for ``Regulations for Prevention And/or
Abatement of Air Pollution Episode and Air Pollution Incident
Emergencies'' and the entry ``310 CMR 8.02 and 8.03''; and
0
c. Adding an entry ``310 CMR 8.00'' before the entry ``310 CMR 60.02''.
The revision and addition reads as follows:
Sec. 52.1120 Identification of plan.
* * * * *
(c) * * *
EPA Approved Massachusetts Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date \1\ Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
310 CMR 7.12............... U Source Registration 3/9/2018 3/4/2019, [Insert Revisions made to
Federal Register existing
citation]. requirements and
procedures for
emissions reporting.
* * * * * * *
310 CMR 8.00............... The Prevention and/or 4/1/1994 3/4/2019, [Insert Incorporates full
Abatement of Air Federal Register version of 310 CMR
Pollution Episode citation]. 8.00 into the
and Air Pollution Massachusetts SIP,
Incident Emergencies. and converts
conditional approval
at Sec.
52.1119(a)(5) to
full approval.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ To determine the EPA effective date for a specific provision listed in this table, consult the Federal
Register notice cited in this column for the particular provision.
* * * * *
0
3. Section 52.1125 is amended by adding paragraph (e) to read as
follows:
Sec. 52.1125 Emission inventories.
* * * * *
(e) The Commonwealth of Massachusetts submitted base year emission
inventories representing emissions for calendar year 2011 for the Dukes
county marginal 8-hour ozone nonattainment area on February 9, 2018, as
a revision to the Massachusetts SIP. The 2011 base year emission
inventory requirement of section 182(a)(1) of the Clean Air Act, as
amended in 1990, has been satisfied for this area. The inventory
consists of emission estimates of volatile organic compounds and
nitrogen oxides, and applies to point, area, non-road mobile, on-road
mobile and biogenic sources. The inventories were submitted as
revisions to the Massachusetts SIP in partial fulfillment of
obligations for nonattainment areas under EPA's 2008 8-hour ozone
standard.
0
4. Section 52.1129 is amended by adding paragraph (l) to read as
follows:
Sec. 52.1129 Control strategy: Ozone.
* * * * *
(l) On February 9, 2018, Massachusetts submitted a certification
that its air emissions reporting requirements applicable to stationary
sources meet the emission statement requirements of section
182(a)(3)(B) of the Clean Air Act. The certification was submitted as a
SIP revision in partial fulfillment of obligations for nonattainment
areas under EPA's 2008 8-hour ozone standard.
0
5. In Sec. 52.1167, Table 52.1167 is amended by adding entries for
state citations ``310 CMR 7.12'' and ``310 CMR 8'' in numerical order
by state citation and date approved by EPA to read as follows:
Sec. 52.1167 EPA-approved Massachusetts State regulations.
* * * * *
Table 52.1167--EPA-Approved Rules and Regulations
[See Notes at end of table]
----------------------------------------------------------------------------------------------------------------
Date Date Federal Comments/
State citation Title/subject submitted approved by Register 52.1120(c) unapproved
by State EPA citation sections
----------------------------------------------------------------------------------------------------------------
* * * * * * *
310 CMR 7.12.......... U Source 5/10/2018 4/3/2019 [Insert Federal Revisions made
Registration. Register to existing
citation]. requirements
and procedures
for emissions
reporting.
* * * * * * *
310 CMR 8............. The Prevention 2/9/2018 4/3/2019 [Insert Federal ........... Incorporates
and/or Register full version
Abatement of citation]. of 310 CMR
Air Pollution 8.00 into the
Episode and Massachusetts
Air Pollution SIP, and
Incident converts
Emergencies. conditional
approval at
Sec.
52.1119(a)(5)
to full
approval.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-03444 Filed 3-1-19; 8:45 am]
BILLING CODE 6560-50-P
