Air Plan Approval; Massachusetts; Transport State Implementation Plans for the 1997 and 2008 Ozone Standards, 59728-59730 [2019-23593]
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Federal Register / Vol. 84, No. 215 / Wednesday, November 6, 2019 / Rules and Regulations
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T07–0686 to read as
follows:
■
§ 165.T07–0686 Safety Zone; San Juan
Harbor, San Juan, PR.
(a) Location. A moving safety zone is
established in the following area:
(1) The waters around Liquefied Gas
(LNG) carriers entering San Juan Harbor
in an area one half mile around each
vessel, beginning one mile north of the
San Juan Harbor #1 Sea Buoy, in
approximate position 18–29.3 N, 66–
07.6 W and continuing until the vessel
is moored at the Puma Energy dock,
Catan˜o Oil dock, or Wharf B in
approximate position 18–25.8 N, 66–
06.5 W. All coordinates are North
American Datum 1983.
(2) The waters around Liquefied Gas
carriers in a 50-yard radius around each
vessel when moored at the Puma Energy
dock, Catan˜o Oil dock, or Wharf B.
(3) The waters around Liquefied Gas
carriers departing San Juan Harbor in an
area one half mile around each vessel
beginning at the Puma Energy Dock,
Catan˜o Oil dock, or Wharf B in
approximate position 18–25.8 N, 66–
06.5 W when the vessel gets underway,
and continuing until the stern passes
the San Juan Harbor #1 Sea Buoy, in
approximate position 18–28.3 N, 66–
07.6 W. All coordinates referenced use
datum: NAD 83.
(b) Definition. As used in this section,
the term ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port (COTP) San Juan in the
enforcement of the safety zone.
(c) Regulations. (1) No person or
vessel may enter, transit, or remain in
the safety zone unless authorized by the
COTP San Juan, Puerto Rico, or a
designated Coast Guard commissioned,
warrant, or petty officer. Those in the
safety zone must comply with all lawful
orders or directions given to them by the
COTP or the designated Coast Guard
commissioned, warrant, or petty officer.
(2) Persons desiring to transit the area
of the safety zones may contact the
COTP San Juan or his designated
representative to seek permission to
transit the area. If permission is granted,
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all persons and vessels must comply
with the instructions of the COTP or his
designated representative.
(3) Vessels encountering emergencies,
which require transit through the
moving safety zone, should contact the
Coast Guard patrol craft or Duty Officer
on VHF Channel 16. In the event of an
emergency, the Coast Guard patrol craft
may authorize a vessel to transit through
the safety zone with a Coast Guard
designated escort.
(4) The COTP and the Duty Officer at
Sector San Juan, Puerto Rico, can be
contacted at telephone number 787–
289–2041. The Coast Guard Patrol
Commander enforcing the safety zone
can be contacted on VHF–FM channels
16 and 22A.
(5) All persons and vessels must
comply with the instructions of onscene patrol personnel. On-scene patrol
personnel include commissioned,
warrant, or petty officers of the U.S.
Coast Guard. Coast Guard Auxiliary and
local or state officials may be present to
inform vessel operators of the
requirements of this section, and other
applicable laws.
(d) Notification. The zone described
in paragraphs (a)(1) through (3) of this
section will be activated upon entry of
an LNG carrier into the navigable waters
of the United States in the San Juan
Captain of the Port Zone. An LNG
carrier will be identifiable by the Bravo
flag (red international signal flag under
Pub. 102, International Code of Signals)
flying from the outermost halyard
(above the pilot house) where it can
most easily be seen. In addition to
visual identification of an LNG carrier,
Coast Guard Sector San Juan will give
notice through Mariners Broadcast
Notice to Mariners for the purpose of
enforcement of the temporary safety
zone.
(e) Enforcement period. This section
will be enforced from 12:01 a.m. on
November 16, 2019 through 11:59 p.m.
on February 28, 2020.
Dated: October 31, 2019.
E.P. King,
Captain, U.S. Coast Guard, Captain of the
Port San Juan.
[FR Doc. 2019–24158 Filed 11–5–19; 8:45 am]
BILLING CODE 9110–04–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2008–0108; FRL–10001–
37–Region 1]
Air Plan Approval; Massachusetts;
Transport State Implementation Plans
for the 1997 and 2008 Ozone Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the Commonwealth of
Massachusetts that address the
interstate transport of air pollution
requirements of the Clean Air Act for
the 1997 and 2008 ozone national
ambient air quality standards (NAAQS)
(i.e., ozone transport SIPs). The
intended effect of this action is to
approve the two transport SIPs as
revisions to the Massachusetts SIP. This
action is being taken in accordance with
the Clean Air Act.
DATES: This rule is effective on
December 6, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2008–0108. 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, Air and
Radiation Division, 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:
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
SUMMARY:
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Federal Register / Vol. 84, No. 215 / Wednesday, November 6, 2019 / Rules and Regulations
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On August 14, 2019 (84 FR 40344),
EPA published a Notice of Proposed
Rulemaking (NPRM) for the
Commonwealth of Massachusetts.
The NPRM proposed approval of SIP
revisions that address the interstate
transport of air pollution requirements
of section 110(a)(2)(D)(i)(I) of the Clean
Air Act for the 1997, 2008, and 2015
ozone national ambient air quality
standards (NAAQS) (i.e., ozone
transport SIPs). The formal SIP revisions
were submitted by Massachusetts on
January 31, 2008; February 9, 2018; and
September 27, 2018. In today’s action,
we are approving the transport SIPs for
the 1997 and 2008 ozone NAAQS. We
will take final action on the transport
SIP for the 2015 ozone NAAQS at a later
date.
The rationale for EPA’s proposed
action is explained in the NPRM and
will not be restated here. One public
comment was received on the NPRM.
II. Response to Comments
EPA received one comment during
the comment period stating that EPA
cannot ‘‘rely on a rule that a court has
now vacated,’’ referring to the recent
ruling by the United States Court of
Appeals for the District of Columbia
Circuit in Wisconsin v. EPA, No. 16–
1406, 2019 WL 4383259 (D.C. Cir. Sept.
13, 2019), on EPA’s Cross State Air
Pollution Rule Update for the 2008
Ozone NAAQS (‘‘CSAPR Update Rule’’),
81 FR 74504 (October 26, 2016). As an
initial matter, the commenter is
incorrect; the court remanded the
CSAPR Update Rule to EPA but did not
vacate it. Wisconsin, 2019 WL 4383259,
at *26. In any event, our proposed
approval of the Commonwealth’s
Transport SIP for the 1997 ozone
NAAQS did not rely on the CSAPR
Update Rule. Thus, the court’s ruling in
Wisconsin does not affect our approval
of Massachusetts’ Transport SIP for the
1997 ozone NAAQS.
With respect to the 2008 ozone
NAAQS, our proposed approval relied
in part on EPA’s finding in the CSAPR
Update Rule that emissions from
Massachusetts do not significantly
contribute to nonattainment or interfere
with maintenance of the 2008 ozone
NAAQS in any downwind state, see 84
FR at 40346–47 (citing 81 FR at 74506).
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However, no party challenged that
aspect of the CSAPR Update in
Wisconsin and nothing in the Wisconsin
court’s opinion overturned that finding
or called it into doubt. Consequently,
Wisconsin v. EPA likewise does not bar
approval of the Commonwealth’s
Transport SIP for the 2008 ozone
NAAQS.
III. Final Action
EPA is approving transport SIPs that
were submitted to address interstate
transport requirements for CAA section
110(a)(2)(D)(i)(I) for the 1997 and 2008
ozone NAAQS as a revision to the
Massachusetts SIP.
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);
• 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);
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59729
• 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Particulate matter, Sulfur oxides,
Volatile organic compounds.
Dated: October 22, 2019.
Dennis Deziel,
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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59730
Federal Register / Vol. 84, No. 215 / Wednesday, November 6, 2019 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.1120 is amended in the
table in paragraph (e) by adding entries
for ‘‘Interstate transport requirements of
■
CAA for 1997 Ozone NAAQS,’’ and
‘‘Interstate transport requirements of
CAA for 2008 Ozone NAAQS’’ at the
end of the table to read as follows;
§ 52.1120
*
Identification of plan
*
*
(e) * * *
*
*
MASSACHUSETTS NON REGULATORY
Name of nonregulatory SIP provision
Applicable geographic or nonattainment area
State submittal
date/effective date
EPA approved date 3
*
*
Interstate transport requirements
of CAA for 1997 Ozone
NAAQS.
Interstate transport requirements
of CAA for 2008 Ozone
NAAQS.
*
Statewide ..............
*
January 31, 2008 ..
*
November 6, 2019 [Insert Federal Register citation].
Statewide ..............
February 9, 2018 ..
November 6, 2019 [Insert Federal Register citation].
deaf (TDD) may leave a message for
these individuals with the Federal Relay
Service (FRS) at 1–800–877–8339, 24
hours a day, 7 days a week.
[FR Doc. 2019–23593 Filed 11–5–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
SUPPLEMENTARY INFORMATION:
Bureau of Land Management
I. Background
This final rule is effective
November 6, 2019.
ADDRESSES: You may send inquiries or
suggestions to Director (630), Bureau of
Land Management, 2134LM, 1849 C
Street NW, Washington, DC 20240;
Attention: RIN 1004–AE70.
FOR FURTHER INFORMATION CONTACT:
Lorenzo Trimble, Acting Chief, Division
of Fluid Minerals, 202–912–7342,
ltrimble@blm.gov; Alfred Elser, Acting
Chief, Division of Solid Minerals, 202–
912–7114, aelser@blm.gov; or Chandra
Little, Regulatory Affairs, 202–912–
7403, cclittle@blm.gov. Persons who use
a telecommunications device for the
The BLM has specific authority to
charge fees for processing applications
and other documents relating to public
lands under section 304 of the Federal
Land Policy and Management Act of
1976 (FLPMA), 43 U.S.C. 1734. In 2005,
the BLM published a final cost recovery
rule (70 FR 58854) that established new
fees or revised fees and service charges
for processing documents related to its
minerals programs (‘‘2005 Cost
Recovery Rule’’). In addition, the 2005
Cost Recovery Rule also established the
method the BLM would use to adjust
those fees and service charges on an
annual basis.
At 43 CFR 3000.12(a), the regulations
provide that the BLM will annually
adjust fees established in subchapter C
(43 CFR parts 3000–3900) according to
changes in the Implicit Price Deflator for
Gross Domestic Product (IPD–GDP),
which is published quarterly by the U.S.
Department of Commerce. See also 43
CFR 3000.10. This final rule updates
those fees and service charges consistent
with that direction. The fee adjustments
in this rule are based on the
mathematical formula set forth in the
2005 Cost Recovery Rule. The public
had an opportunity to comment on that
adjustment procedure as part of the
2005 rulemaking. Accordingly, the
Department of the Interior for good
cause finds under 5 U.S.C. 553(b)(B) and
(d)(3) that notice and public comment
procedures are unnecessary and that the
fee adjustments in this rule may be
3 To determine the EPA effective date for a
specific provision listed in this table, consult the
Federal Register document cited in this column for
the particular provision.
43 CFR Part 3000
[18X.LLWO310000.L13100000.PP0000]
RIN 1004–AE70
Minerals Management: Adjustment of
Cost Recovery Fees
Bureau of Land Management,
Interior.
ACTION: Final rule.
AGENCY:
This final rule updates the
fees set forth in the Bureau of Land
Management (BLM) mineral resources
regulations for the processing of certain
minerals program-related actions. It also
adjusts certain filing fees for mineralsrelated documents. These updated fees
include those for actions such as lease
renewals and mineral patent
adjudications.
SUMMARY:
DATES:
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Explanations
*
*
Approved with respect to requirements for CAA section
110(a)(2)(D)(i)(I).
Approved with respect to requirements for CAA section
110(a)(2)(D)(i)(I).
effective less than 30 days after
publication. See 43 CFR 3000.10(c).
II. Discussion of Final Rule
As set forth in the 2005 Cost Recovery
Rule, the fee updates are based on the
change in the IPD–GDP. The BLM’s
minerals program publishes the updated
cost recovery fees, which become
effective on October 1, the start of the
fiscal year (FY).
This rule updates the cost recovery
fees established by the cost recovery fee
rule published on September 28, 2018
(83 FR 48957), effective October 1, 2018.
This rule updates the cost recovery fees
used in Fiscal Year 2019 for Fiscal Year
2020. The update adjusts the 2019 fees
based on the change in the IPD–GDP
from the 4th Quarter of 2017 to the 4th
Quarter of 2018.
Under this rule, 24 fees will remain
the same and 24 fees will increase. Of
the 24 fees that are being increased by
this rule, 13 will increase by $5 each,
seven will increase by $10 each, two
will increase by $15 each, and two will
increase by more than $15. The largest
increase, $75, will be applied to the fee
for adjudicating a mineral patent
application containing more than 10
claims, which will increase from $3,215
to $3,290. The fee for adjudicating a
patent application containing 10 or
fewer claims will increase by $40, from
$1,605 to $1,645. It is important to note
that the ‘‘real’’ values of the fees are not
actually increasing, since real values
account for the effect of inflation. In real
terms, the values of the fees are simply
being adjusted to account for the
changes in the prices of goods and
services produced in the United States.
The calculations that resulted in the
new fees are included in the table
below:
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]]>Agencies
[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
[Rules and Regulations]
[Pages 59728-59730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23593]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2008-0108; FRL-10001-37-Region 1]
Air Plan Approval; Massachusetts; Transport State Implementation
Plans for the 1997 and 2008 Ozone Standards
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 that address the interstate transport of air pollution
requirements of the Clean Air Act for the 1997 and 2008 ozone national
ambient air quality standards (NAAQS) (i.e., ozone transport SIPs). The
intended effect of this action is to approve the two transport SIPs as
revisions to the Massachusetts SIP. This action is being taken in
accordance with the Clean Air Act.
DATES: This rule is effective on December 6, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2008-0108. 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, Air and Radiation Division, 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: 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
[[Page 59729]]
``we,'' ``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On August 14, 2019 (84 FR 40344), EPA published a Notice of
Proposed Rulemaking (NPRM) for the Commonwealth of Massachusetts.
The NPRM proposed approval of SIP revisions that address the
interstate transport of air pollution requirements of section
110(a)(2)(D)(i)(I) of the Clean Air Act for the 1997, 2008, and 2015
ozone national ambient air quality standards (NAAQS) (i.e., ozone
transport SIPs). The formal SIP revisions were submitted by
Massachusetts on January 31, 2008; February 9, 2018; and September 27,
2018. In today's action, we are approving the transport SIPs for the
1997 and 2008 ozone NAAQS. We will take final action on the transport
SIP for the 2015 ozone NAAQS at a later date.
The rationale for EPA's proposed action is explained in the NPRM
and will not be restated here. One public comment was received on the
NPRM.
II. Response to Comments
EPA received one comment during the comment period stating that EPA
cannot ``rely on a rule that a court has now vacated,'' referring to
the recent ruling by the United States Court of Appeals for the
District of Columbia Circuit in Wisconsin v. EPA, No. 16-1406, 2019 WL
4383259 (D.C. Cir. Sept. 13, 2019), on EPA's Cross State Air Pollution
Rule Update for the 2008 Ozone NAAQS (``CSAPR Update Rule''), 81 FR
74504 (October 26, 2016). As an initial matter, the commenter is
incorrect; the court remanded the CSAPR Update Rule to EPA but did not
vacate it. Wisconsin, 2019 WL 4383259, at *26. In any event, our
proposed approval of the Commonwealth's Transport SIP for the 1997
ozone NAAQS did not rely on the CSAPR Update Rule. Thus, the court's
ruling in Wisconsin does not affect our approval of Massachusetts'
Transport SIP for the 1997 ozone NAAQS.
With respect to the 2008 ozone NAAQS, our proposed approval relied
in part on EPA's finding in the CSAPR Update Rule that emissions from
Massachusetts do not significantly contribute to nonattainment or
interfere with maintenance of the 2008 ozone NAAQS in any downwind
state, see 84 FR at 40346-47 (citing 81 FR at 74506). However, no party
challenged that aspect of the CSAPR Update in Wisconsin and nothing in
the Wisconsin court's opinion overturned that finding or called it into
doubt. Consequently, Wisconsin v. EPA likewise does not bar approval of
the Commonwealth's Transport SIP for the 2008 ozone NAAQS.
III. Final Action
EPA is approving transport SIPs that were submitted to address
interstate transport requirements for CAA section 110(a)(2)(D)(i)(I)
for the 1997 and 2008 ozone NAAQS as a revision to the Massachusetts
SIP.
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);
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides,
Volatile organic compounds.
Dated: October 22, 2019.
Dennis Deziel,
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 59730]]
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.1120 is amended in the table in paragraph (e) by adding
entries for ``Interstate transport requirements of CAA for 1997 Ozone
NAAQS,'' and ``Interstate transport requirements of CAA for 2008 Ozone
NAAQS'' at the end of the table to read as follows;
Sec. 52.1120 Identification of plan
* * * * *
(e) * * *
---------------------------------------------------------------------------
\3\ To determine the EPA effective date for a specific provision
listed in this table, consult the Federal Register document cited in
this column for the particular provision.
Massachusetts Non Regulatory
----------------------------------------------------------------------------------------------------------------
Name of nonregulatory SIP Applicable geographic State submittal date/ EPA approved
provision or nonattainment area effective date date \3\ Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Interstate transport Statewide.............. January 31, 2008....... November 6, Approved with
requirements of CAA for 2019 [Insert respect to
1997 Ozone NAAQS. Federal requirements
Register for CAA
citation]. section
110(a)(2)(D)(i
)(I).
Interstate transport Statewide.............. February 9, 2018....... November 6, Approved with
requirements of CAA for 2019 [Insert respect to
2008 Ozone NAAQS. Federal requirements
Register for CAA
citation]. section
110(a)(2)(D)(i
)(I).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2019-23593 Filed 11-5-19; 8:45 am]
BILLING CODE 6560-50-P
