Air Plan Approval; Massachusetts; Infrastructure State Implementation Plan Requirements for the 2012 PM2.5, 29380-29384 [2019-13325]
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Federal Register / Vol. 84, No. 121 / Monday, June 24, 2019 / Rules and Regulations
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 23, 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,
Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: June 11, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.1870, the table in paragraph
(c) is amended by revising the entries
for 3745–19–01, 3745–19–03, 3745–19–
04 and 3745–19–05 under ‘‘Chapter
3745–19 Open Burning Standards’’ to
read as follows:
■
§ 52.1870
*
Identification of plan.
*
*
(c) * * *
*
*
EPA—APPROVED OHIO REGULATIONS
Ohio citation
Ohio
effective
date
Title/subject
*
*
*
*
Chapter 3745–19
*
3745–19–03 .....
*
*
Open burning in restricted areas .......................
3745–19–04 .....
Open burning in unrestricted areas ...................
4/30/2018
3745–19–05 .....
Permission to individuals and notification to the
Ohio EPA.
4/30/2018
*
*
*
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2018–0748; FRL–9995–41–
Region 1]
Air Plan Approval; Massachusetts;
Infrastructure State Implementation
Plan Requirements for the 2012 PM2.5
NAAQS
Environmental Protection
Agency (EPA).
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4/30/2018
*
*
*
*
6/24/2019, [Insert Federal
Register citation].
6/24/2019, [Insert Federal
Register citation].
6/24/2019, [Insert Federal
Register citation].
*
6/24/2019[Insert Federal
Register citation].
*
Final rule.
The Environmental Protection
Agency (EPA) is approving most
elements of a State Implementation Plan
(SIP) revision submitted by the
Commonwealth of Massachusetts for the
infrastructure requirements for the 2012
fine particle (PM2.5) National Ambient
Air Quality Standard (NAAQS),
including the interstate transport
requirements. We are making findings of
failure to submit for the prevention of
significant deterioration (PSD)
requirements of infrastructure SIPs for
the 2012 PM2.5 NAAQS. For
infrastructure SIP requirements for the
1997 and 2006 PM2.5 NAAQS, we are
also approving previously unaddressed
elements and converting certain
SUMMARY:
BILLING CODE 6560–50–P
AGENCY:
4/30/2018
*
ACTION:
[FR Doc. 2019–13111 Filed 6–21–19; 8:45 am]
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Notes
Open Burning Standards
Definitions ..........................................................
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3745–19–01 .....
*
EPA approval date
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*
previous conditional approvals to full
approval. We are also converting to full
approvals previous conditional
approvals for the 1997 and 2008 ozone,
2008 lead, 2010 sulfur dioxide, and
2010 nitrogen dioxide NAAQS. Finally,
EPA is approving five new or amended
definitions regarding the NAAQS and
Particulate Matter and a state Executive
Order regarding consultation by state
agencies with local governments. This
action is being taken in accordance with
the Clean Air Act.
DATES: This rule is effective on July 24,
2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2018–0748. All documents in the docket
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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, Air and
Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that if at all possible, you
communicate with 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:
Alison C. Simcox, Air Quality Branch,
U.S. Environmental Protection Agency,
EPA Region 1, 5 Post Office Square—
Suite 100, (Mail code 05–2), Boston, MA
02109–3912, tel. (617) 918–1684, email
simcox.alison@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
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I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On February 20, 2019 (84 FR 5020),
EPA published a Notice of Proposed
Rulemaking (NPRM) for the
Commonwealth of Massachusetts. This
NPRM proposed approval of most
elements of a February 9, 2018,
submission from the Massachusetts
Department of Environmental Protection
(MassDEP) regarding the infrastructure
SIP requirements of the CAA for the
2012 fine particle (PM2.5) 1 National
Ambient Air Quality Standard
(NAAQS), including the interstate
transport requirements for the 2006 and
2012 PM2.5 NAAQS. In the NPRM, we
also proposed to approve
Massachusetts’ 2012 PM2.5
infrastructure SIP submittal for a
requirement of prong 3 of CAA section
110(a)(2)(D)(i)(II) related to
nonattainment new source review
(‘‘NNSR’’), based on our proposed
1 PM
2.5 refers to particulate matter of 2.5 microns
or less in diameter, often referred to as ‘‘fine’’
particles.
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approval of revisions to the
Commonwealth’s NNSR program in a
separate, contemporaneous rulemaking.
On May 29, 2019, EPA finalized its
approval of those NNSR revisions (84
FR 24719). Hence, we may now finalize
our approval of Massachusetts’ 2012
PM2.5 submittal for prong 3. In addition,
the NPRM proposed approval of the
interstate transport requirements for the
1997 PM2.5 NAAQS, which the
Commonwealth submitted on January
31, 2008. Finally, the NPRM proposed
to approve a portion of a Massachusetts
SIP submission dated May 14, 2018,
which included five new or amended
definitions in 310 Code of
Massachusetts Regulations (CMR) 7.00.
Whenever EPA promulgates a new or
revised NAAQS, CAA section 110(a)(1)
requires states to make SIP submissions
to provide for the implementation,
maintenance, and enforcement of the
NAAQS. This particular type of SIP
submission is commonly referred to as
an ‘‘infrastructure SIP.’’ These
submissions must meet the various
requirements of CAA section 110(a)(2),
as applicable. Due to ambiguity in some
of the language of CAA section
110(a)(2), EPA believes that it is
appropriate to interpret these provisions
in the specific context of acting on
infrastructure SIP submissions. EPA has
previously provided comprehensive
guidance on the application of these
provisions through a guidance
document for infrastructure SIP
submissions and through regional
actions on infrastructure submissions.2
Unless otherwise noted below, we are
following that existing approach in
acting on this submission. In addition,
in the context of acting on such
infrastructure submissions, EPA
evaluates the submitting state’s SIP for
facial compliance with statutory and
regulatory requirements, not for the
state’s implementation of its SIP.3 The
EPA has other authority to address any
issues concerning a state’s
implementation of the rules,
regulations, consent orders, etc. that
comprise its SIP.
The rationale for EPA’s proposed
action is explained in the NPRM and
2 EPA explains and elaborates on these
ambiguities and its approach to address them in its
September 13, 2013 Infrastructure SIP Guidance
(available at https://www3.epa.gov/airquality/
urbanair/sipstatus/docs/Guidance_on_
Infrastructure_SIP_Elements_Multipollutant_
FINAL_Sept_2013.pdf), as well as in numerous
agency actions, including EPA’s prior action on
Massachusetts’ infrastructure SIP to address the
1997 ozone, 2008 lead, 2008 ozone, 2010 nitrogen
dioxide, and 2010 sulfur dioxide NAAQS. 81 FR
93627 (December 21, 2016).
3 See U.S. Court of Appeals for the Ninth Circuit
decision in Montana Environmental Information
Center v. EPA, No. 16–71933 (August 30, 2018).
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will not be restated here. EPA received
no public comments on its NPRM.
II. Final Action
EPA is approving most of the
elements of the infrastructure SIP
submitted by Massachusetts on
February 9, 2018, for the 2012 PM2.5,
including the interstate transport
requirements at CAA § 110(a)(2)(D)(i)(I).
This submittal also addresses the
interstate transport requirements for the
2006 PM2.5 NAAQS, which we are
likewise approving. In addition, EPA is
approving a SIP revision submitted by
Massachusetts on January 31, 2008,
addressing the interstate transport
requirements for the 1997 PM2.5
NAAQS.
EPA’s action for each element for the
2012 PM2.5 NAAQS is stated in Table 1
below.
TABLE 1—PROPOSED ACTION ON MASSACHUSETTS’ INFRASTRUCTURE SIP
SUBMITTAL FOR THE 2012 PM2.5
NAAQS
Element
2012 PM2.5
NAAQS
(A): Emission limits and other control
measures .........................................
(B): Ambient air quality monitoring and
data system .....................................
(C)1: Enforcement of SIP measures ...
(C)2: PSD program for major sources
and major modifications ..................
(C)3: PSD program for minor sources
and minor modifications ..................
(D)1: Contribute to nonattainment/
interfere with maintenance of
NAAQS ............................................
(D)2: PSD ............................................
(D)3: Visibility Protection .....................
(D)4: Interstate Pollution Abatement ...
(D)5: International Pollution Abatement .................................................
(E)1: Adequate resources ...................
(E)2: State boards ...............................
(E)3: Necessary assurances with respect to local agencies ....................
(F): Stationary source monitoring system ...................................................
(G): Emergency power ........................
(H): Future SIP revisions .....................
(I): Nonattainment area plan or plan
revisions under part D .....................
(J)1: Consultation with government officials ................................................
(J)2: Public notification ........................
(J)3: PSD .............................................
(J)4: Visibility protection ......................
(K): Air quality modeling and data ......
(L): Permitting fees ..............................
(M): Consultation and participation by
affected local entities .......................
A
A
A
FS
A
A
FS
A
FS
A
A
A
NA
A
A
A
+
FS
A
FS
+
A
A
A
In the above table, the key is as
follows:
A ...............
NA .............
FS .............
+ ................
Approve.
Not applicable.
Finding of failure to submit.
Not germane to infrastructure SIPs.
We are converting to full approval
previous conditional approvals for
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elements A and E(ii) for the 1997 and
2006 PM2.5 NAAQS and previous
conditional approvals for element A for
the 1997 ozone, 2008 lead, 2008 ozone,
2010 nitrogen dioxide, and 2010 sulfur
dioxide NAAQS. For the 1997 and 2006
PM2.5 NAAQS, we are also approving
prong 4 of section 110(a)(2)(D)(i)(II) and
the section 115-related (international
pollution abatement) requirements of
section 110(a)(2)(D)(ii).
We are issuing a finding of failure to
submit for the PSD-related requirements
of (C)2, (D)2, (D)4, (J)1, and (J)3.
Massachusetts, however, is already
subject to a Federal Implementation
Plan (FIP) for PSD, and so EPA will
have no additional FIP obligations
under section 110(c) of the Act once this
action is finalized as proposed.
Furthermore, this action will not subject
the Commonwealth to mandatory
sanctions.
EPA is also approving, and
incorporating into the Massachusetts
SIP, definitions of National Ambient Air
Quality Standards (NAAQS) or Federal
Ambient Air Quality Standards, PM10 or
Particulate Matter 10, PM10 Emissions,
PM2.5 or Particulate Matter 2.5, and
PM2.5 Emissions in 310 CMR 7.00 that
Massachusetts included in a submittal
to EPA dated May 14, 2018.
EPA is also approving, and
incorporating into the Massachusetts
SIP, Massachusetts Executive Order 145,
Consultation with Cities & Towns on
Administrative Mandates, effective
November 20, 1978, which
Massachusetts included for approval in
its infrastructure SIP submittal for the
2012 PM2.5 NAAQS.
Finally, on March 4, 2019, EPA
finalized a rule converting the
conditional approval at 40 CFR
52.1119(a)(5) to full approval but
inadvertently neglected to remove
§ 52.1119(a)(5) from the CFR. See 84 FR
7299; see also 40 CFR 52.1120. In
today’s action we are remedying that
ministerial oversight by removing and
reserving § 52.1119(a)(5).
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 Executive
Order 145 and the part of 310 CMR 7.00
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
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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.3
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
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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 August 23, 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,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
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Dated: June 17, 2019.
Deborah Szaro,
Acting Regional Administrator, EPA Region
1.
Subpart W—Massachusetts
§ 52.1119
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
[Amended]
2. Section 52.1119 is amended by
removing and reserving paragraphs
(a)(3) and (a)(5).
■ 3. Section 52.1120 is amended:
■ a. In the table in paragraph (c), by
revising the entry ‘‘310 CMR 7.00’’ and
adding a new state citation for
‘‘Executive Order 145’’ at the end of the
table; and
■ b. In the table in paragraph (e) by
adding entries for ‘‘Infrastructure SIP for
2012 PM2.5 NAAQS,’’ ‘‘Infrastructure
■
29383
SIP for 1997 PM2.5 NAAQS,’’
‘‘Infrastructure SIP for 2006 PM2.5
NAAQS,’’ ‘‘Infrastructure SIP for the
1997 Ozone NAAQS,’’ ‘‘Infrastructure
SIP for the 2008 Lead NAAQS,’’
‘‘Infrastructure SIP for the 2008 Ozone
NAAQS,’’ ‘‘Infrastructure SIP for the
2010 NO2 NAAQS,’’ and ‘‘Infrastructure
SIP for the 2010 SO2 NAAQS’’ at the
end of the table.
The revision and additions read as
follows:
§ 52.1120
*
Identification of plan
*
*
(c) * * *
*
*
EPA APPROVED MASSACHUSETTS REGULATIONS
State
effective
date
EPA approval date 1
Explanations
State citation
Title/subject
*
310 CMR 7.00 ................
*
*
Definitions .................................
*
3/9/2018
*
6/24/2019 [Insert Federal Register citation].
*
*
Approved 5 new or updated
definitions.
*
Executive Order 145 ......
*
*
Consultation with Cities and
Towns
on
Administrative
Mandates.
*
11/20/1978
*
6/24/2019 [Insert Federal Register citation].
*
*
Approval as part of 2012 PM2.5
infrastructure SIP.
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.
*
*
*
*
*
(e) * * *
MASSACHUSETTS NON REGULATORY
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Name of
non regulatory
SIP provision
Applicable
geographic or
nonattainment area
State submittal
date/effective
date
EPA approved
date 3
Explanations
*
Infrastructure SIP
submittal for
2012 PM2.5
NAAQS.
*
Statewide .................
*
February 9, 2018 .....
*
June 24, 2019 [Insert Federal
Register citation].
Infrastructure SIP
submittal for
1997 PM2.5
NAAQS.
Statewide .................
January 1, 2008 ......
June 24, 2019 [Insert Federal
Register citation].
Infrastructure SIP
submittal for
2006 PM2.5
NAAQS.
Statewide .................
September 21, 2009
June 24, 2019 [Insert Federal
Register citation].
Infrastructure SIP
submittal for
1997 Ozone
NAAQS.
Infrastructure SIP
submittal for
2008 Lead
NAAQS.
Infrastructure SIP
submittal for
2008 Ozone
NAAQS.
Statewide .................
February 9, 2018 .....
Statewide .................
February 9, 2018 .....
Statewide .................
February 9, 2018 .....
June 24, 2019 [Insert Federal
Register citation].
June 24, 2019 [Insert Federal
Register citation].
June 24, 2019 [Insert Federal
Register citation].
*
*
*
Approved with respect to requirements for CAA section 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J),
(K), (L), and (M) with the exception of the PSD-related requirements of (C), (D), and (J). Approval includes interstate transport requirements.
Converts conditional approval to full approval for CAA
section 110(a)(2)(A) and E(ii). Approves interstate
transport, visibility protection, and international air
pollution abatement requirements of CAA section
110(a)(2)(D).
Converts conditional approval to full approval for CAA
section 110(a)(2)(A) and E(ii). Approves interstate
transport, visibility protection, and international air
pollution abatement requirements of CAA section
110(a)(2)(D).
Converts conditional approval for CAA section
110(a)(2)(A), which was conditionally approved December 21, 2016, to full approval.
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Converts conditional approval for CAA section
110(a)(2)(A), which was conditionally approved December 21, 2016, to full approval.
Converts conditional approval for CAA section
110(a)(2)(A), which was conditionally approved December 21, 2016, to full approval.
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MASSACHUSETTS NON REGULATORY—Continued
Name of
non regulatory
SIP provision
Infrastructure SIP
submittal for
2010 NO2
NAAQS.
Infrastructure SIP
submittal for
2010 SO2
NAAQS.
*
Applicable
geographic or
nonattainment area
State submittal
date/effective
date
EPA approved
date 3
Explanations
Statewide .................
February 9, 2018 .....
Converts conditional approval for CAA section
110(a)(2)(A), which was conditionally approved December 21, 2016, to full approval.
Statewide .................
February 9, 2018 .....
June 24, 2019 [Insert Federal
Register citation].
June 24, 2019 [Insert Federal
Register citation].
*
*
*
Converts conditional approval for CAA section
110(a)(2)(A), which was conditionally approved December 21, 2016, to full approval.
*
*
*
3 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.
4. Section 52.1131 is amended by
revising the entries for paragraphs (c)
and (f) and adding paragraph (h) to read
as follows:
■
§ 52.1131
matter.
Control strategy: Particulate
jbell on DSK3GLQ082PROD with RULES
*
*
*
*
*
(c) Conditional Approval (satisfied)—
Submittal from the Massachusetts
Department of Environmental
Protection, dated April 4, 2008, to
address the Clean Air Act (CAA)
infrastructure requirements for the 1997
PM2.5 NAAQS is conditionally approved
for CAA elements 110(a)(2)(A) and
(E)(ii). This conditional approval is
contingent upon Massachusetts taking
actions to meet requirements of these
elements within one year of conditional
approval, as committed to in a letter
from the state to EPA Region 1 dated
July 12, 2012. The Massachusetts
Department of Environmental Protection
made a submittal to satisfy these
conditions on February 9, 2018. EPA
approved the submittal and converted
the conditional approval to a full
approval on June 24, 2019.
*
*
*
*
*
(f) Conditional Approval (satisfied)—
Submittal from the Massachusetts
Department of Environmental
Protection, dated September 21, 2009,
with supplements submitted on January
13, 2011, and August 19, 2011, to
address the Clean Air Act (CAA)
infrastructure requirements for the 2006
PM2.5 NAAQS is conditionally approved
for CAA elements 110(a)(2)(A) and
(E)(ii). This conditional approval is
contingent upon Massachusetts taking
actions to meet requirements of these
elements within one year of conditional
approval, as committed to in a letter
from the state to EPA Region 1 dated
July 12, 2012. The Massachusetts
Department of Environmental Protection
made a submittal to satisfy these
conditions on February 9, 2018. EPA
VerDate Sep<11>2014
16:11 Jun 21, 2019
Jkt 247001
approved the submittal and converted
the conditional approval to a full
approval on June 24, 2019.
*
*
*
*
*
(h) Approval—Submittal from the
Massachusetts Department of
Environmental Protection, dated
February 9, 2018, to address the Clean
Air Act (CAA) infrastructure
requirements for the 2012 PM2.5
NAAQS. This submittal satisfies
requirements of CAA sections
110(a)(2)(A), (B), (C), (D), (E), (F), (G),
(H), (J), (K), (L), and (M), with the
exception of PSD-related requirements
of (C), (D), and (J). Approval includes
interstate transport requirements. EPA
approved the submittal on June 24,
2019.
[FR Doc. 2019–13325 Filed 6–21–19; 8:45 am]
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2018–0206, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2018–0206; FRL–9994–67]
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
Trifloxystrobin; Pesticide Tolerances
I. General Information
AGENCY:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
A. Does this action apply to me?
This regulation establishes
tolerances for residues of trifloxystrobin
in or on tea (dried and instant). Bayer
CropScience requested these tolerances
under the Federal Food, Drug, and
Cosmetic Act (FFDCA).
DATES: This regulation is effective June
24, 2019. Objections and requests for
hearings must be received on or before
August 23, 2019 and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
SUMMARY:
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
E:\FR\FM\24JNR1.SGM
24JNR1
]]>Agencies
[Federal Register Volume 84, Number 121 (Monday, June 24, 2019)]
[Rules and Regulations]
[Pages 29380-29384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13325]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2018-0748; FRL-9995-41-Region 1]
Air Plan Approval; Massachusetts; Infrastructure State
Implementation Plan Requirements for the 2012 PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving most
elements of a State Implementation Plan (SIP) revision submitted by the
Commonwealth of Massachusetts for the infrastructure requirements for
the 2012 fine particle (PM2.5) National Ambient Air Quality
Standard (NAAQS), including the interstate transport requirements. We
are making findings of failure to submit for the prevention of
significant deterioration (PSD) requirements of infrastructure SIPs for
the 2012 PM2.5 NAAQS. For infrastructure SIP requirements
for the 1997 and 2006 PM2.5 NAAQS, we are also approving
previously unaddressed elements and converting certain previous
conditional approvals to full approval. We are also converting to full
approvals previous conditional approvals for the 1997 and 2008 ozone,
2008 lead, 2010 sulfur dioxide, and 2010 nitrogen dioxide NAAQS.
Finally, EPA is approving five new or amended definitions regarding the
NAAQS and Particulate Matter and a state Executive Order regarding
consultation by state agencies with local governments. This action is
being taken in accordance with the Clean Air Act.
DATES: This rule is effective on July 24, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2018-0748. All documents in the docket
[[Page 29381]]
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, Air and Radiation Division, 5 Post Office
Square--Suite 100, Boston, MA. EPA requests that if at all possible,
you communicate with 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: Alison C. Simcox, Air Quality Branch,
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square--Suite 100, (Mail code 05-2), Boston, MA 02109-3912, tel. (617)
918-1684, email [email protected].
SUPPLEMENTARY INFORMATION:
Throughout this document whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA.
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 February 20, 2019 (84 FR 5020), EPA published a Notice of
Proposed Rulemaking (NPRM) for the Commonwealth of Massachusetts. This
NPRM proposed approval of most elements of a February 9, 2018,
submission from the Massachusetts Department of Environmental
Protection (MassDEP) regarding the infrastructure SIP requirements of
the CAA for the 2012 fine particle (PM2.5) \1\ National
Ambient Air Quality Standard (NAAQS), including the interstate
transport requirements for the 2006 and 2012 PM2.5 NAAQS. In
the NPRM, we also proposed to approve Massachusetts' 2012
PM2.5 infrastructure SIP submittal for a requirement of
prong 3 of CAA section 110(a)(2)(D)(i)(II) related to nonattainment new
source review (``NNSR''), based on our proposed approval of revisions
to the Commonwealth's NNSR program in a separate, contemporaneous
rulemaking. On May 29, 2019, EPA finalized its approval of those NNSR
revisions (84 FR 24719). Hence, we may now finalize our approval of
Massachusetts' 2012 PM2.5 submittal for prong 3. In
addition, the NPRM proposed approval of the interstate transport
requirements for the 1997 PM2.5 NAAQS, which the
Commonwealth submitted on January 31, 2008. Finally, the NPRM proposed
to approve a portion of a Massachusetts SIP submission dated May 14,
2018, which included five new or amended definitions in 310 Code of
Massachusetts Regulations (CMR) 7.00.
---------------------------------------------------------------------------
\1\ PM2.5 refers to particulate matter of 2.5 microns
or less in diameter, often referred to as ``fine'' particles.
---------------------------------------------------------------------------
Whenever EPA promulgates a new or revised NAAQS, CAA section
110(a)(1) requires states to make SIP submissions to provide for the
implementation, maintenance, and enforcement of the NAAQS. This
particular type of SIP submission is commonly referred to as an
``infrastructure SIP.'' These submissions must meet the various
requirements of CAA section 110(a)(2), as applicable. Due to ambiguity
in some of the language of CAA section 110(a)(2), EPA believes that it
is appropriate to interpret these provisions in the specific context of
acting on infrastructure SIP submissions. EPA has previously provided
comprehensive guidance on the application of these provisions through a
guidance document for infrastructure SIP submissions and through
regional actions on infrastructure submissions.\2\ Unless otherwise
noted below, we are following that existing approach in acting on this
submission. In addition, in the context of acting on such
infrastructure submissions, EPA evaluates the submitting state's SIP
for facial compliance with statutory and regulatory requirements, not
for the state's implementation of its SIP.\3\ The EPA has other
authority to address any issues concerning a state's implementation of
the rules, regulations, consent orders, etc. that comprise its SIP.
---------------------------------------------------------------------------
\2\ EPA explains and elaborates on these ambiguities and its
approach to address them in its September 13, 2013 Infrastructure
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior
action on Massachusetts' infrastructure SIP to address the 1997
ozone, 2008 lead, 2008 ozone, 2010 nitrogen dioxide, and 2010 sulfur
dioxide NAAQS. 81 FR 93627 (December 21, 2016).
\3\ See U.S. Court of Appeals for the Ninth Circuit decision in
Montana Environmental Information Center v. EPA, No. 16-71933
(August 30, 2018).
---------------------------------------------------------------------------
The rationale for EPA's proposed action is explained in the NPRM
and will not be restated here. EPA received no public comments on its
NPRM.
II. Final Action
EPA is approving most of the elements of the infrastructure SIP
submitted by Massachusetts on February 9, 2018, for the 2012
PM2.5, including the interstate transport requirements at
CAA Sec. 110(a)(2)(D)(i)(I). This submittal also addresses the
interstate transport requirements for the 2006 PM2.5 NAAQS,
which we are likewise approving. In addition, EPA is approving a SIP
revision submitted by Massachusetts on January 31, 2008, addressing the
interstate transport requirements for the 1997 PM2.5 NAAQS.
EPA's action for each element for the 2012 PM2.5 NAAQS
is stated in Table 1 below.
Table 1--Proposed Action on Massachusetts' Infrastructure SIP Submittal
for the 2012 PM2.5 NAAQS
------------------------------------------------------------------------
2012 PM2.5
Element NAAQS
------------------------------------------------------------------------
(A): Emission limits and other control measures........... A
(B): Ambient air quality monitoring and data system....... A
(C)1: Enforcement of SIP measures......................... A
(C)2: PSD program for major sources and major FS
modifications............................................
(C)3: PSD program for minor sources and minor A
modifications............................................
(D)1: Contribute to nonattainment/interfere with A
maintenance of NAAQS.....................................
(D)2: PSD................................................. FS
(D)3: Visibility Protection............................... A
(D)4: Interstate Pollution Abatement...................... FS
(D)5: International Pollution Abatement................... A
(E)1: Adequate resources.................................. A
(E)2: State boards........................................ A
(E)3: Necessary assurances with respect to local agencies. NA
(F): Stationary source monitoring system.................. A
(G): Emergency power...................................... A
(H): Future SIP revisions................................. A
(I): Nonattainment area plan or plan revisions under part +
D........................................................
(J)1: Consultation with government officials.............. FS
(J)2: Public notification................................. A
(J)3: PSD................................................. FS
(J)4: Visibility protection............................... +
(K): Air quality modeling and data........................ A
(L): Permitting fees...................................... A
(M): Consultation and participation by affected local A
entities.................................................
------------------------------------------------------------------------
In the above table, the key is as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
A.............................. Approve.
NA............................. Not applicable.
FS............................. Finding of failure to submit.
+.............................. Not germane to infrastructure SIPs.
------------------------------------------------------------------------
We are converting to full approval previous conditional approvals
for
[[Page 29382]]
elements A and E(ii) for the 1997 and 2006 PM2.5 NAAQS and
previous conditional approvals for element A for the 1997 ozone, 2008
lead, 2008 ozone, 2010 nitrogen dioxide, and 2010 sulfur dioxide NAAQS.
For the 1997 and 2006 PM2.5 NAAQS, we are also approving
prong 4 of section 110(a)(2)(D)(i)(II) and the section 115-related
(international pollution abatement) requirements of section
110(a)(2)(D)(ii).
We are issuing a finding of failure to submit for the PSD-related
requirements of (C)2, (D)2, (D)4, (J)1, and (J)3. Massachusetts,
however, is already subject to a Federal Implementation Plan (FIP) for
PSD, and so EPA will have no additional FIP obligations under section
110(c) of the Act once this action is finalized as proposed.
Furthermore, this action will not subject the Commonwealth to mandatory
sanctions.
EPA is also approving, and incorporating into the Massachusetts
SIP, definitions of National Ambient Air Quality Standards (NAAQS) or
Federal Ambient Air Quality Standards, PM10 or Particulate Matter 10,
PM10 Emissions, PM2.5 or Particulate Matter 2.5, and PM2.5 Emissions in
310 CMR 7.00 that Massachusetts included in a submittal to EPA dated
May 14, 2018.
EPA is also approving, and incorporating into the Massachusetts
SIP, Massachusetts Executive Order 145, Consultation with Cities &
Towns on Administrative Mandates, effective November 20, 1978, which
Massachusetts included for approval in its infrastructure SIP submittal
for the 2012 PM2.5 NAAQS.
Finally, on March 4, 2019, EPA finalized a rule converting the
conditional approval at 40 CFR 52.1119(a)(5) to full approval but
inadvertently neglected to remove Sec. 52.1119(a)(5) from the CFR. See
84 FR 7299; see also 40 CFR 52.1120. In today's action we are remedying
that ministerial oversight by removing and reserving Sec.
52.1119(a)(5).
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 Executive
Order 145 and the part of 310 CMR 7.00 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.\3\
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 August 23, 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, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
[[Page 29383]]
Dated: June 17, 2019.
Deborah 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:
Authority: 42 U.S.C. 7401 et seq.
Subpart W--Massachusetts
Sec. 52.1119 [Amended]
0
2. Section 52.1119 is amended by removing and reserving paragraphs
(a)(3) and (a)(5).
0
3. Section 52.1120 is amended:
0
a. In the table in paragraph (c), by revising the entry ``310 CMR
7.00'' and adding a new state citation for ``Executive Order 145'' at
the end of the table; and
0
b. In the table in paragraph (e) by adding entries for ``Infrastructure
SIP for 2012 PM2.5 NAAQS,'' ``Infrastructure SIP for 1997
PM2.5 NAAQS,'' ``Infrastructure SIP for 2006
PM2.5 NAAQS,'' ``Infrastructure SIP for the 1997 Ozone
NAAQS,'' ``Infrastructure SIP for the 2008 Lead NAAQS,''
``Infrastructure SIP for the 2008 Ozone NAAQS,'' ``Infrastructure SIP
for the 2010 NO2 NAAQS,'' and ``Infrastructure SIP for the
2010 SO2 NAAQS'' at the end of the table.
The revision and additions read as follows:
Sec. 52.1120 Identification of plan
* * * * *
(c) * * *
EPA Approved Massachusetts Regulations
----------------------------------------------------------------------------------------------------------------
State EPA approval date
State citation Title/subject effective date \1\ Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
310 CMR 7.00...................... Definitions........ 3/9/2018 6/24/2019 [Insert Approved 5 new or
Federal Register updated
citation]. definitions.
* * * * * * *
Executive Order 145............... Consultation with 11/20/1978 6/24/2019 [Insert Approval as part
Cities and Towns Federal Register of 2012 PM2.5
on Administrative citation]. infrastructure
Mandates. SIP.
----------------------------------------------------------------------------------------------------------------
\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.
* * * * *
(e) * * *
Massachusetts Non Regulatory
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name of non regulatory SIP Applicable geographic or State submittal date/effective
provision nonattainment area date EPA approved date \3\ Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure SIP submittal for Statewide...................... February 9, 2018............... June 24, 2019 [Insert Approved with respect to
2012 PM2.5 NAAQS. Federal Register requirements for CAA
citation]. section 110(a)(2)(A),
(B), (C), (D), (E), (F),
(G), (H), (J), (K), (L),
and (M) with the
exception of the PSD-
related requirements of
(C), (D), and (J).
Approval includes
interstate transport
requirements.
Infrastructure SIP submittal for Statewide...................... January 1, 2008................ June 24, 2019 [Insert Converts conditional
1997 PM2.5 NAAQS. Federal Register approval to full approval
citation]. for CAA section
110(a)(2)(A) and E(ii).
Approves interstate
transport, visibility
protection, and
international air
pollution abatement
requirements of CAA
section 110(a)(2)(D).
Infrastructure SIP submittal for Statewide...................... September 21, 2009............. June 24, 2019 [Insert Converts conditional
2006 PM2.5 NAAQS. Federal Register approval to full approval
citation]. for CAA section
110(a)(2)(A) and E(ii).
Approves interstate
transport, visibility
protection, and
international air
pollution abatement
requirements of CAA
section 110(a)(2)(D).
Infrastructure SIP submittal for Statewide...................... February 9, 2018............... June 24, 2019 [Insert Converts conditional
1997 Ozone NAAQS. Federal Register approval for CAA section
citation]. 110(a)(2)(A), which was
conditionally approved
December 21, 2016, to
full approval.
Infrastructure SIP submittal for Statewide...................... February 9, 2018............... June 24, 2019 [Insert Converts conditional
2008 Lead NAAQS. Federal Register approval for CAA section
citation]. 110(a)(2)(A), which was
conditionally approved
December 21, 2016, to
full approval.
Infrastructure SIP submittal for Statewide...................... February 9, 2018............... June 24, 2019 [Insert Converts conditional
2008 Ozone NAAQS. Federal Register approval for CAA section
citation]. 110(a)(2)(A), which was
conditionally approved
December 21, 2016, to
full approval.
[[Page 29384]]
Infrastructure SIP submittal for Statewide...................... February 9, 2018............... June 24, 2019 [Insert Converts conditional
2010 NO2 NAAQS. Federal Register approval for CAA section
citation]. 110(a)(2)(A), which was
conditionally approved
December 21, 2016, to
full approval.
Infrastructure SIP submittal for Statewide...................... February 9, 2018............... June 24, 2019 [Insert Converts conditional
2010 SO2 NAAQS. Federal Register approval for CAA section
citation]. 110(a)(2)(A), which was
conditionally approved
December 21, 2016, to
full approval.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\3\ 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
4. Section 52.1131 is amended by revising the entries for paragraphs
(c) and (f) and adding paragraph (h) to read as follows:
Sec. 52.1131 Control strategy: Particulate matter.
* * * * *
(c) Conditional Approval (satisfied)--Submittal from the
Massachusetts Department of Environmental Protection, dated April 4,
2008, to address the Clean Air Act (CAA) infrastructure requirements
for the 1997 PM2.5 NAAQS is conditionally approved for CAA
elements 110(a)(2)(A) and (E)(ii). This conditional approval is
contingent upon Massachusetts taking actions to meet requirements of
these elements within one year of conditional approval, as committed to
in a letter from the state to EPA Region 1 dated July 12, 2012. The
Massachusetts Department of Environmental Protection made a submittal
to satisfy these conditions on February 9, 2018. EPA approved the
submittal and converted the conditional approval to a full approval on
June 24, 2019.
* * * * *
(f) Conditional Approval (satisfied)--Submittal from the
Massachusetts Department of Environmental Protection, dated September
21, 2009, with supplements submitted on January 13, 2011, and August
19, 2011, to address the Clean Air Act (CAA) infrastructure
requirements for the 2006 PM2.5 NAAQS is conditionally
approved for CAA elements 110(a)(2)(A) and (E)(ii). This conditional
approval is contingent upon Massachusetts taking actions to meet
requirements of these elements within one year of conditional approval,
as committed to in a letter from the state to EPA Region 1 dated July
12, 2012. The Massachusetts Department of Environmental Protection made
a submittal to satisfy these conditions on February 9, 2018. EPA
approved the submittal and converted the conditional approval to a full
approval on June 24, 2019.
* * * * *
(h) Approval--Submittal from the Massachusetts Department of
Environmental Protection, dated February 9, 2018, to address the Clean
Air Act (CAA) infrastructure requirements for the 2012 PM2.5
NAAQS. This submittal satisfies requirements of CAA sections
110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and
(M), with the exception of PSD-related requirements of (C), (D), and
(J). Approval includes interstate transport requirements. EPA approved
the submittal on June 24, 2019.
[FR Doc. 2019-13325 Filed 6-21-19; 8:45 am]
BILLING CODE 6560-50-P
