Air Plan Approval; Massachusetts; Negative Declaration for the Oil and Gas Industry, 29628-29630 [2020-09072]
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29628
Federal Register / Vol. 85, No. 96 / Monday, May 18, 2020 / Rules and Regulations
declaration simply asserts that no
sources exist in the State of New Jersey
that are subject to the 2016 Oil and Gas
CTG. The EPA has reviewed New
Jersey’s submittal and agrees with the
State’s evaluation.
III. What action is the EPA taking?
On May 13, 2019, the New Jersey
Department of Environmental Protection
(NJDEP) submitted to the EPA a SIP
revision consisting of a negative
declaration for the 2016 Oil and Gas
CTG.
The EPA is approving the revision to
the SIP submitted by the State to
address the 2016 Oil and Gas CTG for
the Ozone Transport Region and
nonattainment RACT requirements for
both the 2008 and 2015 ozone National
Ambient Air Quality Standards and is
approving their negative declaration
that no sources exist in the State of New
Jersey that would be subject to the 2016
Oil and Gas CTG.
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IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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 CAA. Accordingly, this action
merely proposes to approve 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 Order 12866 (58 FR 51735,
October 4, 1993), and 13563 (76 FR 382,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are exempt
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
VerDate Sep<11>2014
16:02 May 15, 2020
Jkt 250001
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 CAA; 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, this rulemaking action,
pertaining to New Jersey’s Negative
Declaration SIP submission, would not
be 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 any
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 21, 2020.
Peter Lopez,
Regional Administrator, Region 2.
Part 52, 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.
Subpart FF—New Jersey
2. In § 52.1582, add paragraph (q) to
read as follows:
■
§ 52.1582 Control strategy and
regulations: Ozone.
*
PO 00000
*
*
Frm 00036
*
Fmt 4700
*
Sfmt 4700
(q) Negative declarations. The State of
New Jersey has certified to the
satisfaction of the EPA that no sources
are located in the State which are
covered by the following Control
Techniques Guidelines:
(1) Oil and Natural Gas Industry
(October 2016).
(2) [Reserved]
[FR Doc. 2020–08862 Filed 5–15–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2019–0220; FRL–10008–
77–Region 1]
Air Plan Approval; Massachusetts;
Negative Declaration for the Oil and
Gas Industry
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Massachusetts. The revision provides
Massachusetts’ determination, via a
negative declaration, that there are no
facilities within its borders subject to
EPA’s 2016 Control Technique
Guideline (CTG) for the oil and gas
industry. The intended effect of this
action is to approve this item into the
Massachusetts SIP. This action is being
taken in accordance with the Clean Air
Act (CAA).
DATES: This direct final rule will be
effective July 17, 2020, unless EPA
receives adverse comments by June 17,
2020. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2019–0220 at https://
www.regulations.gov, or via email to
garcia.ariel@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
SUMMARY:
E:\FR\FM\18MYR1.SGM
18MYR1
Federal Register / Vol. 85, No. 96 / Monday, May 18, 2020 / Rules and Regulations
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. Publicly
available docket materials are available
at https://www.regulations.gov or at the
U.S. Environmental Protection Agency,
EPA Region 1 Regional Office, 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 and
facility closures due to COVID–19.
FOR FURTHER INFORMATION CONTACT:
Ariel Garcia, Environmental Protection
Specialist, Air and Radiation Division
(Mail Code 05–2), U.S. Environmental
Protection Agency, Region 1, 5 Post
Office Square, Suite 100, Boston,
Massachusetts, 02109–3912; (617) 918–
1660. garcia.ariel@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
jbell on DSKJLSW7X2PROD with RULES
I. Background
II. Summary of SIP Revision and EPA
Analysis
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On October 27, 2016, EPA published
in the Federal Register the ‘‘Final
Control Techniques Guidelines for the
Oil and Natural Gas Industry.’’ See 81
FR 74798. The CTG provided
information to state, local, and tribal air
agencies to assist them in determining
reasonably available control technology
(RACT) for volatile organic compounds
(VOC) emissions from select oil and
natural gas industry emission sources.
CAA section 182(b)(2)(A) requires that
for ozone nonattainment areas classified
as Moderate or above, states must revise
their SIPs to include provisions to
implement RACT for each category of
VerDate Sep<11>2014
16:02 May 15, 2020
Jkt 250001
VOC sources covered by a CTG
document. CAA section 184(b)(1)(B)
extends the RACT obligation to all areas
of states within the Ozone Transport
Region (OTR). Pursuant to CAA section
184(a), Massachusetts is a member state
of the OTR. States subject to RACT
requirements are required to adopt
controls that are at least as stringent as
those found within the CTG either via
the adoption of regulations, or by
issuance of single source Orders or
Permits that outline what the source is
required to do to meet RACT. If no
source for a particular CTG exists within
a state, the state must submit as a SIP
revision a negative declaration
documenting this fact.
II. Summary of SIP Revision and EPA
Analysis
Negative Declaration for the 2016 Oil
and Natural Gas Industry CTG
On October 18, 2018, Massachusetts
submitted a SIP revision to address its
RACT requirements set forth by the
CAA for the 2008 and 2015 8-hour
ozone National Ambient Air Quality
Standards (NAAQS). As part of that
October 18, 2018 SIP revision,
Massachusetts submitted a negative
declaration for the 2016 Oil and Natural
Gas Industry CTG. The term ‘‘negative
declaration’’ means that the state has
explored whether any facilities subject
to the applicability requirements of the
CTG exist within the state and
concluded that there are no such
sources within its borders. This is
consistent with EPA’s understanding of
where sources subject to the Oil and
Natural Gas Industry CTG are located,
and so we are approving Massachusetts’
negative declaration into the SIP. Other
aspects of Massachusetts’ October 18,
2018 SIP submittal, pertaining to all
other RACT requirements, are not
addressed in this direct final rulemaking
and will be addressed in a separate
rulemaking.
III. Final Action
We are approving a negative
declaration for EPA’s 2016 CTG entitled
‘‘Control Techniques Guidelines for the
Oil and Natural Gas Industry’’ into the
Massachusetts SIP.
The EPA is publishing this action
without prior proposal because the
Agency views this as a noncontroversial
amendment and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should relevant adverse comments be
filed. This rule will be effective July 17,
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
29629
2020 without further notice unless the
Agency receives relevant adverse
comments by June 17, 2020.
If the EPA receives such comments,
then EPA will publish a notice
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period on
the proposed rule. All parties interested
in commenting on the proposed rule
should do so at this time. If no such
comments are received, the public is
advised that this rule will be effective
on July 17, 2020 and no further action
will be taken on the proposed rule.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
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);
E:\FR\FM\18MYR1.SGM
18MYR1
29630
Federal Register / Vol. 85, No. 96 / Monday, May 18, 2020 / Rules and Regulations
• 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. Section 804,
however, exempts from section 801 the
following types of rules: Rules of
particular applicability; rules relating to
agency management or personnel; and
rules of agency organization, procedure,
or practice that do not substantially
affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because
this is a rule of particular applicability,
EPA is not required to submit a rule
report regarding this action under
section 801.
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 July 17, 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 shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. 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, Incorporation by
reference, Ozone, Volatile organic
compounds.
Dated: April 21, 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.
Subpart W—Massachusetts
2. In § 52.1120, amend the table in
paragraph (e) by adding the entry for
‘‘Negative declaration for the 2016
Control Techniques Guideline for the
Oil and Natural Gas Industry’’ at the end
of the table, to read as follows:
■
§ 52.1120
*
Identification of plan.
*
*
(e) * * *
*
*
MASSACHUSETTS NON REGULATORY
Applicable
geographic or
nonattainment area
Name of nonregulatory SIP provision
*
*
Negative declaration for the 2016 Control Techniques Guidelines for the Oil and Natural Gas
Industry.
State submittal
date/effective
date
*
*
Statewide .....................
EPA approved date 3
*
10/18/2018
*
5/18/2020, [Insert Federal Register citation].
Explanations
*
Negative declaration.
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. 2020–09072 Filed 5–15–20; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
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[EPA–HQ–OPP–2019–0368; FRL–10006–98]
Methyl Mercaptan; Exemption From
the Requirement of a Tolerance
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
VerDate Sep<11>2014
16:02 May 15, 2020
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Final rule.
Frm 00038
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This regulation establishes an
exemption from the requirement of a
tolerance for residues of methyl
mercaptan in or on all food
commodities when methyl mercaptan is
used as a gopher repellent in irrigation
lines in accordance with label directions
and good agricultural practices. Acqua
Concepts, Inc. (d/b/a Ag Water
Chemical) submitted a petition to EPA
under the Federal Food, Drug, and
Cosmetic Act (FFDCA), requesting an
exemption from the requirement of a
tolerance. This regulation eliminates the
SUMMARY:
E:\FR\FM\18MYR1.SGM
18MYR1
]]>Agencies
[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Rules and Regulations]
[Pages 29628-29630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09072]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2019-0220; FRL-10008-77-Region 1]
Air Plan Approval; Massachusetts; Negative Declaration for the
Oil and Gas Industry
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the Commonwealth of
Massachusetts. The revision provides Massachusetts' determination, via
a negative declaration, that there are no facilities within its borders
subject to EPA's 2016 Control Technique Guideline (CTG) for the oil and
gas industry. The intended effect of this action is to approve this
item into the Massachusetts SIP. This action is being taken in
accordance with the Clean Air Act (CAA).
DATES: This direct final rule will be effective July 17, 2020, unless
EPA receives adverse comments by June 17, 2020. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2019-0220 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be
[[Page 29629]]
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, please contact the person identified in the For Further
Information Contact section. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. Publicly available docket materials are
available at https://www.regulations.gov or at the U.S. Environmental
Protection Agency, EPA Region 1 Regional Office, 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 and facility closures
due to COVID-19.
FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Environmental Protection
Specialist, Air and Radiation Division (Mail Code 05-2), U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts, 02109-3912; (617) 918-1660.
[email protected].
SUPPLEMENTARY INFORMATION:
Throughout this document whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA.
Table of Contents
I. Background
II. Summary of SIP Revision and EPA Analysis
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On October 27, 2016, EPA published in the Federal Register the
``Final Control Techniques Guidelines for the Oil and Natural Gas
Industry.'' See 81 FR 74798. The CTG provided information to state,
local, and tribal air agencies to assist them in determining reasonably
available control technology (RACT) for volatile organic compounds
(VOC) emissions from select oil and natural gas industry emission
sources. CAA section 182(b)(2)(A) requires that for ozone nonattainment
areas classified as Moderate or above, states must revise their SIPs to
include provisions to implement RACT for each category of VOC sources
covered by a CTG document. CAA section 184(b)(1)(B) extends the RACT
obligation to all areas of states within the Ozone Transport Region
(OTR). Pursuant to CAA section 184(a), Massachusetts is a member state
of the OTR. States subject to RACT requirements are required to adopt
controls that are at least as stringent as those found within the CTG
either via the adoption of regulations, or by issuance of single source
Orders or Permits that outline what the source is required to do to
meet RACT. If no source for a particular CTG exists within a state, the
state must submit as a SIP revision a negative declaration documenting
this fact.
II. Summary of SIP Revision and EPA Analysis
Negative Declaration for the 2016 Oil and Natural Gas Industry CTG
On October 18, 2018, Massachusetts submitted a SIP revision to
address its RACT requirements set forth by the CAA for the 2008 and
2015 8-hour ozone National Ambient Air Quality Standards (NAAQS). As
part of that October 18, 2018 SIP revision, Massachusetts submitted a
negative declaration for the 2016 Oil and Natural Gas Industry CTG. The
term ``negative declaration'' means that the state has explored whether
any facilities subject to the applicability requirements of the CTG
exist within the state and concluded that there are no such sources
within its borders. This is consistent with EPA's understanding of
where sources subject to the Oil and Natural Gas Industry CTG are
located, and so we are approving Massachusetts' negative declaration
into the SIP. Other aspects of Massachusetts' October 18, 2018 SIP
submittal, pertaining to all other RACT requirements, are not addressed
in this direct final rulemaking and will be addressed in a separate
rulemaking.
III. Final Action
We are approving a negative declaration for EPA's 2016 CTG entitled
``Control Techniques Guidelines for the Oil and Natural Gas Industry''
into the Massachusetts SIP.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective July
17, 2020 without further notice unless the Agency receives relevant
adverse comments by June 17, 2020.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on July 17, 2020 and no further action will be
taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
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);
[[Page 29630]]
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. Section 804, however, exempts from section 801 the
following types of rules: Rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3).
Because this is a rule of particular applicability, EPA is not required
to submit a rule report regarding this action under section 801.
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 July 17, 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 shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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, Incorporation by
reference, Ozone, Volatile organic compounds.
Dated: April 21, 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.
Subpart W--Massachusetts
0
2. In Sec. 52.1120, amend the table in paragraph (e) by adding the
entry for ``Negative declaration for the 2016 Control Techniques
Guideline for the Oil and Natural Gas Industry'' at the end of the
table, to read as follows:
Sec. 52.1120 Identification of plan.
* * * * *
(e) * * *
Massachusetts Non Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of nonregulatory SIP geographic or submittal date/ EPA approved date Explanations
provision nonattainment area effective date \3\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Negative declaration for the 2016 Statewide.......... 10/18/2018 5/18/2020, [Insert Negative
Control Techniques Guidelines Federal Register declaration.
for the Oil and Natural Gas citation].
Industry.
----------------------------------------------------------------------------------------------------------------
\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. 2020-09072 Filed 5-15-20; 8:45 am]
BILLING CODE P
