Air Plan Approval; Massachusetts; Transport State Implementation Plan for the 2015 Ozone Standard, 5572-5574 [2020-01113]
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Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Rules and Regulations
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).
C. Petitions for Judicial Review
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 March 31, 2020. 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
Name of
non-regulatory
SIP revision
*
*
Section 110(a)(2) Infrastructure
Requirements for the 2015
Ozone NAAQS.
40 CFR part 52 is amended as follows:
State
submittal
date
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2008–0108; FRL–10004–
34–Region 1]
Air Plan Approval; Massachusetts;
Transport State Implementation Plan
for the 2015 Ozone Standard
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 section 110(a)(2)(D)(i)(I)
of the Clean Air Act for the 2015 ozone
national ambient air quality standard
(NAAQS) (i.e., ozone transport SIP). The
EPA is approving the submission as
meeting the requirement that each SIP
contain adequate provisions to prohibit
emissions that will significantly
contribute to nonattainment or interfere
with maintenance of the 2015 ozone
NAAQS in any other state. This action
SUMMARY:
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Dated: December 26, 2019.
Diana Esher,
Acting Regional Administrator, Region III.
District of Columbia.
BILLING CODE 6560–50–P
15:45 Jan 30, 2020
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Applicable
geographic
area
[FR Doc. 2020–00885 Filed 1–30–20; 8:45 am]
VerDate Sep<11>2014
shall not postpone the effectiveness of
such rule or action. This action,
pertaining to the District of Columbia’s
infrastructure requirements for the 2015
ozone NAAQS under CAA section
110(a)(2), may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
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1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart J—District of Columbia
2. Amend § 52.470 in the table in
paragraph (e) by adding an entry for
‘‘Section 110(a)(2) Infrastructure
Requirements for the 2015 Ozone
NAAQS’’ at the end of the table to read
as follows:
■
§ 52.470
*
Identification of plan.
*
*
(e) * * *
*
*
EPA
approval
date
Additional explanation
*
1/31/2020, [Insert Federal
Register citation].
*
*
*
This action addresses the following CAA elements:
110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II), (D)(ii), (E), (F),
(G), (H), (J), (K), (L), and (M). PSD related portions are
addressed by the FIP in 40 CFR 52.499.
is being taken in accordance with the
Clean Air Act.
DATES: This rule is effective on March 2,
2020.
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—
PO 00000
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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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
I. Background
II. Response to Comment
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., transport
SIPs). The formal SIP revisions were
submitted by Massachusetts on January
31, 2008; February 9, 2018; and
September 27, 2018, respectively. In this
action, we are approving the transport
SIP for the 2015 ozone NAAQS. We
previously approved the transport SIPs
for the 1997 and 2008 ozone NAAQS.
See 84 FR 59728 (November 6, 2019).
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Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Rules and Regulations
The rationale for EPA’s proposed
action is given in the NPRM and will
not be restated here. EPA received one
public comment on the NPRM.
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II. Response to Comment
EPA received a comment during the
comment period stating that EPA cannot
finalize action on this SIP revision as it
relies on ‘‘a rule that a court has now
vacated,’’ referring to the September 13,
2019, ruling by the United States Court
of Appeals for the District of Columbia
Circuit in Wisconsin v. EPA, 938 F.3d
303, on EPA’s Cross State Air Pollution
Rule Update for the 2008 Ozone
NAAQS (‘‘CSAPR Update’’), 81 FR
74504 (October 26, 2016). The
commenter stated that the EPA must
disapprove this revision as a result of
the court decision.
As an initial matter, the commenter is
incorrect; the court remanded the
CSAPR Update to EPA but did not
vacate it. Wisconsin, 938 F.3d at 336.
Furthermore, the commenter does not
specify how it believes the Wisconsin
decision should impact the EPA’s
evaluation of the Commonwealth’s
Transport SIP for the 2015 ozone
NAAQS.1 Nonetheless, our proposed
approval did not rely on any analysis
conducted for, or determinations made
in, the CSAPR Update. See 84 FR at
40347–48. Rather, our proposed
approval relied on an evaluation of air
quality in 2023 to determine that
emissions from Massachusetts ‘‘will’’
not significantly contribute to
nonattainment or interfere with
maintenance of the 2015 ozone NAAQS
in any downwind state. See id. The
Wisconsin opinion affirmed that EPA’s
reliance on the evaluation of air quality
in a future year is a reasonable
interpretation of the Good Neighbor
Provision. 938 F.3d at 322.
Consequently, the commenter has not
identified any basis on which EPA must
disapprove Massachusetts’ Transport
SIP for the 2015 ozone NAAQS in light
of the Wisconsin decision.
EPA’s proposal demonstrates that
Massachusetts will not significantly
contribute to nonattainment or interfere
with maintenance of the 2015 ozone
NAAQS in any other state, and
Wisconsin v. EPA does not affect that
finding or otherwise impact approval of
the Commonwealth’s Transport SIP for
the 2015 ozone NAAQS.
110(a)(2)(D)(i)(I) for the 2015 ozone
NAAQS as a revision to the
Massachusetts SIP.
IV. Statutory and Executive Order
Reviews
III. Final Action
EPA is approving a transport SIP that
was submitted to address interstate
transport requirements for CAA section
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
1 For our response to the comment as it pertains
to the Massachusetts’ transport SIPs for the 1997
and 2008 ozone NAAQS, see 84 FR 59728
(November 6, 2019).
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15:45 Jan 30, 2020
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5573
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, Volatile organic
compounds.
Dated: January 13, 2020.
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:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.1120, the table in paragraph
(e) is amended by adding an entry for
‘‘Interstate transport requirements of
CAA for 2015 Ozone NAAQS’’ after the
entry for ‘‘Interstate transport
requirements of CAA for 2008 Ozone
NAAQS’’ to read as follows:
■
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Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Rules and Regulations
§ 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
Explanations
*
Interstate transport requirements of CAA for 2015
Ozone NAAQS.
*
*
Statewide ..........................
*
September 27, 2018 .........
*
*
1/31/2020
[Insert Federal Register
citation].
*
Approved with respect to
requirements for CAA
section 110(a)(2)(D)(i)(I).
*
*
*
*
*
*
*
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.
[FR Doc. 2020–01113 Filed 1–30–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 60, 61, and 63
[EPA–R01–OAR–2020–0006; FRL–10004–
44–Region 1]
Notice of Memorandum of Agreement
for Delegation of Authority;
Connecticut; New Source Performance
Standards and National Emissions
Standards for Hazardous Air Pollutants
Environmental Protection
Agency (EPA).
ACTION: Final action.
AGENCY:
On October 2, 2019, the
Environmental Protection Agency (EPA)
Region 1 Administrator signed a
Memorandum of Agreement (MOA)
between EPA Region 1 and the
Connecticut Department of Energy and
Environmental Protection (CT DEEP) for
delegation of New Source Performance
Standards (NSPS) and National
Emissions Standards for Hazardous Air
Pollutants (NESHAPs). The MOA was
signed by the Commissioner of CT DEEP
on September 10, 2019. To inform the
public of the EPA and CT DEEP’s
October 2, 2019 MOA regarding
delegation of NSPS and NESHAPs, the
EPA is making a copy of the MOA
available through this document.
DATES: On October 2, 2019, the EPA
finalized a Memorandum of Agreement
between EPA Region 1 and the CT DEEP
regarding delegation of NSPS and
NESHAPs.
ADDRESSES: The EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2020–0006. All documents in the docket
are listed on the https://
www.regulations.gov website. Although
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SUMMARY:
VerDate Sep<11>2014
15:45 Jan 30, 2020
Jkt 250001
listed in the index, some information
may not be 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, Air Permits, Toxics,
and Indoor Programs Branch, 5 Post
Office Square—Suite 100, Boston, MA.
The 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:
Susan Lancey, Air Permits, Toxics, and
Indoor Programs Branch, U.S.
Environmental Protection Agency, EPA
Region 1, 5 Post Office Square—Suite
100, (Mail code 05–2), Boston, MA
02109–3912, telephone number (617)
918–1656, email lancey.susan@epa.gov.
SUPPLEMENTARY INFORMATION: In a letter
dated August 14, 2019, EPA Region 1
suggested that CT DEEP and EPA Region
1 update the protocol for delegation of
NSPS and NESHAPs and develop a
delegation MOA between EPA Region 1
and CT DEEP. The MOA was signed by
the Commissioner of CT DEEP on
September 10, 2019 and was signed by
the Region 1 Administrator on October
2, 2019. The MOA summarizes the
approved delegation mechanisms, the
procedures for delegation, and the
conditions of delegation. The delegation
mechanisms being used for delegation
of 40 CFR parts 60, 61, and 63 were
previously approved by EPA Region 1
and have not changed, as described in
more detail below in the MOA. The
PO 00000
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August 14, 2019 letter provided a list of
previously delegated NSPS and
NESHAPs, in order to reconfirm
delegation of those standards. In
addition, the letter provided a checklist
for CT DEEP to complete and return to
indicate its acceptance of delegation of
subsequent standards in parts 60, 61,
and 63 for Title V permitted sources,
and to request delegation for parts 60
and 61 for all sources, including nonTitle V permitted sources. The text of
EPA Region 1 and CT DEEP’s October 2,
2019 MOA is reproduced below:
Memorandum of Agreement Between
Connecticut Department of Energy and
Environmental Protection (CT DEEP)
and U.S. EPA Region 1 for Delegation
of National Emissions Standards for
Hazardous Air Pollutants (NESHAPs)
and New Source Performance
Standards (NSPS)
I. Delegation Mechanisms
On April 23, 1999, EPA approved CT
DEEP’s delegation mechanism to accept
delegation of the Clean Air Act (CAA)
Section 111 and Section 112 federal
standards for sources that have obtained
a CAA Title V operating permit. See 64
FR 19922. This Memorandum of
Agreement (MOA) reconfirms the
delegation mechanism approved in the
April 23, 1999 Federal Register notice
for delegation of part 60 NSPS, part 61
NESHAPs, and part 63 NESHAPs for
Title V permitted sources upon issuance
of the Title V permit incorporating the
applicable standards for affected
sources. EPA’s April 23, 1999 approval
referenced the delegation procedures in
a letter dated October 7, 1996 from CT
DEEP to EPA Region 1. This MOA
revises the delegation procedures
contained in the October 7, 1996 letter
and provides revised conditions of
delegation.
CT DEEP can accept delegation of part
60 NSPS and part 61 NESHAPs for all
stationary sources, including non-Title
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]]>Agencies
[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Rules and Regulations]
[Pages 5572-5574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01113]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2008-0108; FRL-10004-34-Region 1]
Air Plan Approval; Massachusetts; Transport State Implementation
Plan for the 2015 Ozone Standard
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 section 110(a)(2)(D)(i)(I) of the Clean Air Act for the
2015 ozone national ambient air quality standard (NAAQS) (i.e., ozone
transport SIP). The EPA is approving the submission as meeting the
requirement that each SIP contain adequate provisions to prohibit
emissions that will significantly contribute to nonattainment or
interfere with maintenance of the 2015 ozone NAAQS in any other state.
This action is being taken in accordance with the Clean Air Act.
DATES: This rule is effective on March 2, 2020.
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 ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background
II. Response to Comment
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., transport SIPs). The
formal SIP revisions were submitted by Massachusetts on January 31,
2008; February 9, 2018; and September 27, 2018, respectively. In this
action, we are approving the transport SIP for the 2015 ozone NAAQS. We
previously approved the transport SIPs for the 1997 and 2008 ozone
NAAQS. See 84 FR 59728 (November 6, 2019).
[[Page 5573]]
The rationale for EPA's proposed action is given in the NPRM and
will not be restated here. EPA received one public comment on the NPRM.
II. Response to Comment
EPA received a comment during the comment period stating that EPA
cannot finalize action on this SIP revision as it relies on ``a rule
that a court has now vacated,'' referring to the September 13, 2019,
ruling by the United States Court of Appeals for the District of
Columbia Circuit in Wisconsin v. EPA, 938 F.3d 303, on EPA's Cross
State Air Pollution Rule Update for the 2008 Ozone NAAQS (``CSAPR
Update''), 81 FR 74504 (October 26, 2016). The commenter stated that
the EPA must disapprove this revision as a result of the court
decision.
As an initial matter, the commenter is incorrect; the court
remanded the CSAPR Update to EPA but did not vacate it. Wisconsin, 938
F.3d at 336. Furthermore, the commenter does not specify how it
believes the Wisconsin decision should impact the EPA's evaluation of
the Commonwealth's Transport SIP for the 2015 ozone NAAQS.\1\
Nonetheless, our proposed approval did not rely on any analysis
conducted for, or determinations made in, the CSAPR Update. See 84 FR
at 40347-48. Rather, our proposed approval relied on an evaluation of
air quality in 2023 to determine that emissions from Massachusetts
``will'' not significantly contribute to nonattainment or interfere
with maintenance of the 2015 ozone NAAQS in any downwind state. See id.
The Wisconsin opinion affirmed that EPA's reliance on the evaluation of
air quality in a future year is a reasonable interpretation of the Good
Neighbor Provision. 938 F.3d at 322. Consequently, the commenter has
not identified any basis on which EPA must disapprove Massachusetts'
Transport SIP for the 2015 ozone NAAQS in light of the Wisconsin
decision.
---------------------------------------------------------------------------
\1\ For our response to the comment as it pertains to the
Massachusetts' transport SIPs for the 1997 and 2008 ozone NAAQS, see
84 FR 59728 (November 6, 2019).
---------------------------------------------------------------------------
EPA's proposal demonstrates that Massachusetts will not
significantly contribute to nonattainment or interfere with maintenance
of the 2015 ozone NAAQS in any other state, and Wisconsin v. EPA does
not affect that finding or otherwise impact approval of the
Commonwealth's Transport SIP for the 2015 ozone NAAQS.
III. Final Action
EPA is approving a transport SIP that was submitted to address
interstate transport requirements for CAA section 110(a)(2)(D)(i)(I)
for the 2015 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, Volatile
organic compounds.
Dated: January 13, 2020.
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:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.1120, the table in paragraph (e) is amended by adding an
entry for ``Interstate transport requirements of CAA for 2015 Ozone
NAAQS'' after the entry for ``Interstate transport requirements of CAA
for 2008 Ozone NAAQS'' to read as follows:
[[Page 5574]]
Sec. 52.1120 Identification of plan.
* * * * *
(e) * * *
Massachusetts Non Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of nonregulatory SIP geographic or date/effective EPA approved date Explanations
provision nonattainment area date \3\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Interstate transport Statewide......... September 27, 2018 1/31/2020 Approved with
requirements of CAA for 2015 [Insert Federal respect to
Ozone NAAQS. Register requirements for
citation]. CAA section
110(a)(2)(D)(i)(I
).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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.
[FR Doc. 2020-01113 Filed 1-30-20; 8:45 am]
BILLING CODE 6560-50-P
