Air Plan Approval; Massachusetts; Negative Declaration for the Oil and Gas Industry, 51666-51668 [2020-16725]
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Federal Register / Vol. 85, No. 163 / Friday, August 21, 2020 / Rules and Regulations
EPA-APPROVED MISSOURI REGULATIONS—Continued
Missouri
citation
State
effective
date
Title
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EPA approval date
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Explanation
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Chapter 2—Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
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10–2.320 ........
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Control of Emissions from Production of Pesticides
and Herbicides.
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[FR Doc. 2020–16440 Filed 8–20–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2019–0220; FRL–10012–
83-Region 1]
Air Plan Approval; Massachusetts;
Negative Declaration for the Oil and
Gas Industry
Environmental Protection
Agency (EPA).
ACTION: 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 with respect to both the 2008
and 2015 Ozone National Ambient Air
Quality Standards (NAAQS). The
intended effect of this action is to
approve this item into the non
regulatory portion of the Massachusetts
SIP. This action is being taken under the
Clean Air Act.
DATES: This rule is effective on
September 21, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2019–0220. 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
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SUMMARY:
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1/30/19
*
*
8/21/20, [insert Federal
Register citation].
*
*
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 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
I. Background and Purpose
II. Response to Comment
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On May 18, 2020, EPA published a
Notice of Proposed Rulemaking (NPRM;
see 85 FR 29678) with an associated
Direct Final Rule (DFR; see 85 FR
29628) for the Commonwealth of
Massachusetts. The DFR approved a
negative declaration for Massachusetts
for EPA’s 2016 Control Technique
Guideline (CTG) for the oil and gas
industry. We received one relevant
adverse comment on the NPRM, and so
withdrew the DFR via a Withdrawal
Notice published on June 26, 2020. See
85 FR 38327. Other specific
requirements of Massachusetts’
submittal and the rationale for EPA’s
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*
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action are explained in the DFR and will
not be restated here. Our response to the
adverse comment on the NPRM is
summarized and responded to in
section II below.
II. Response to Comment
We received one relevant adverse
comment on the NPRM. A summary of
the comment, and our response, follows.
Comment: EPA provides no
explanation of why Massachusetts’ SIP
is acceptable. EPA’s mere
‘‘understanding’’ is not enough to
approve a SIP, EPA must evaluate the
merits of the SIP and independently
verify the accuracy of Massachusetts’
assertions. EPA must check sources of
information for any sources subject to
the oil and natural gas industry CTG.
Response: First, we note that the
commenter does not provide any
information to contradict
Massachusetts’ finding that no sources
subject to EPA’s 2016 CTG for the oil
and gas industry exist within the
Commonwealth. EPA is not aware of
any information indicating that a facility
subject to the 2016 oil and gas CTG
exists within the Commonwealth of
Massachusetts. Additionally, we note
that EPA has historically allowed states
to submit a negative declaration for a
particular CTG category if the state finds
that no sources exist in the state which
would be subject to that CTG. EPA has
addressed the idea of negative
declarations numerous times and for
various NAAQS including in the
General Preamble to the 1990
Amendments,1 the 2006 RACT Q&A
Memo,2 and the 2008 Ozone
Implementation Rule.3 In each of these
1 ‘‘State Implementation Plans; General Preamble
for the Implementation of Title I of the Clean Air
Act Amendments of 1990,’’ (57 FR 13498 at 13512
(April 16, 1992)).
2 ‘‘RACT Q’s and A’s—Reasonably Available
Control Technology RACT: Questions and
Answers’’ Memorandum from William T. Harnett,
May 18, 2006.
3 ‘‘Implementation of the 2008 National Ambient
Air Quality Standards for Ozone: State
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Federal Register / Vol. 85, No. 163 / Friday, August 21, 2020 / Rules and Regulations
documents, EPA asserted that if no
sources exist in the nonattainment area
for a particular CTG category, the state
would be allowed to submit a negative
declaration SIP revision. This principle
also applies to states in the ozone
transport region.
Second, we note that Massachusetts’
finding is consistent with information
contained within EPA data resources of
industrial activity within the United
States, such as the National Emissions
Inventory (NEI) database of sources of
air pollution, which is available at:
https://www.epa.gov/air-emissionsinventories/national-emissionsinventory-nei. And last, we note that
EPA Region 1 worked with
Massachusetts, and EPA headquarters’
technical experts on the CTG, to review
the applicability criteria of EPA’s 2016
oil and gas CTG to assist the
Commonwealth of Massachusetts with
its determination.
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.
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;
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Implementation Plan Requirements,’’ (80 FR 12263
at 12278 (March 6, 2015)).
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• 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. Section 804,
however, exempts from section 801 the
following types of rules: rules of
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51667
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 October 20, 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. 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: July 27, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
For the reasons stated in the
preamble, the EPA amends Part 52 of
chapter I, title 40 of the Code of Federal
Regulations 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
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Identification of plan.
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(e) * * *
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Federal Register / Vol. 85, No. 163 / Friday, August 21, 2020 / Rules and Regulations
MASSACHUSETTS NON-REGULATORY
Name of nonregulatory SIP provision
*
*
*
Negative declaration for the 2016 Control Techniques
Guidelines for the Oil and Natural Gas Industry.
Applicable
geographic or
nonattainment
area
State
submittal date/
effective date
*
Statewide .......
*
10/18/2018
EPA approved date
3
*
8/21/2020 [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.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2016–0243; FRL–10009–65–
OAR]
RIN 2060–AO66
National Emission Standards for
Hazardous Air Pollutants: Plywood and
Composite Wood Products Residual
Risk and Technology Review
Correction
In rule document 2020–12725
appearing on pages 49434–49469 in the
issue of August 13, 2020, make the
following correction:
§ 63.2282
[Corrected]
On page 49459, in § 63.2282, in the
third column, in the ninth line down,
‘‘August 13, 2021]’’ should read
‘‘August 13, 2020’’.
■
[FR Doc. C1–2020–12725 Filed 8–20–20; 8:45 am]
BILLING CODE 1300–01–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2019–0460; FRL–10010–98]
Flupyradifurone; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of
flupyradifurone in or on multiple
commodities which are identified and
discussed later in this document. The
Interregional Project Number 4 (IR–4)
and the registrant, Bayer CropScience,
requested these tolerances under the
Federal Food, Drug, and Cosmetic Act
(FFDCA).
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SUMMARY:
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This regulation is effective
August 21, 2020. Objections and
requests for hearings must be received
on or before October 20, 2020 and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2019–0460, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805.
Please note that due to the public
health emergency, the EPA Docket
Center (EPA/DC) and Reading Room
was closed to public visitors on March
31, 2020. Our EPA/DC staff will
continue to provide customer service
via email, phone, and webform. For
further information on EPA/DC services,
docket contact information and the
current status of the EPA/DC and
Reading Room, please visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
[FR Doc. 2020–16725 Filed 8–20–20; 8:45 am]
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
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Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Publishing Office’s eCFR site at https://www.ecfr.gov/cgi-bin/
text-idx?&c=ecfr&tpl=/ecfrbrowse/
Title40/40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2019–0460 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before October 20, 2020. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
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]]>Agencies
[Federal Register Volume 85, Number 163 (Friday, August 21, 2020)]
[Rules and Regulations]
[Pages 51666-51668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16725]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2019-0220; FRL-10012-83-Region 1]
Air Plan Approval; Massachusetts; Negative Declaration for the
Oil and Gas Industry
AGENCY: Environmental Protection Agency (EPA).
ACTION: 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 with respect to both the 2008 and 2015 Ozone National
Ambient Air Quality Standards (NAAQS). The intended effect of this
action is to approve this item into the non regulatory portion of the
Massachusetts SIP. This action is being taken under the Clean Air Act.
DATES: This rule is effective on September 21, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2019-0220. 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 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 and Purpose
II. Response to Comment
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On May 18, 2020, EPA published a Notice of Proposed Rulemaking
(NPRM; see 85 FR 29678) with an associated Direct Final Rule (DFR; see
85 FR 29628) for the Commonwealth of Massachusetts. The DFR approved a
negative declaration for Massachusetts for EPA's 2016 Control Technique
Guideline (CTG) for the oil and gas industry. We received one relevant
adverse comment on the NPRM, and so withdrew the DFR via a Withdrawal
Notice published on June 26, 2020. See 85 FR 38327. Other specific
requirements of Massachusetts' submittal and the rationale for EPA's
action are explained in the DFR and will not be restated here. Our
response to the adverse comment on the NPRM is summarized and responded
to in section II below.
II. Response to Comment
We received one relevant adverse comment on the NPRM. A summary of
the comment, and our response, follows.
Comment: EPA provides no explanation of why Massachusetts' SIP is
acceptable. EPA's mere ``understanding'' is not enough to approve a
SIP, EPA must evaluate the merits of the SIP and independently verify
the accuracy of Massachusetts' assertions. EPA must check sources of
information for any sources subject to the oil and natural gas industry
CTG.
Response: First, we note that the commenter does not provide any
information to contradict Massachusetts' finding that no sources
subject to EPA's 2016 CTG for the oil and gas industry exist within the
Commonwealth. EPA is not aware of any information indicating that a
facility subject to the 2016 oil and gas CTG exists within the
Commonwealth of Massachusetts. Additionally, we note that EPA has
historically allowed states to submit a negative declaration for a
particular CTG category if the state finds that no sources exist in the
state which would be subject to that CTG. EPA has addressed the idea of
negative declarations numerous times and for various NAAQS including in
the General Preamble to the 1990 Amendments,\1\ the 2006 RACT Q&A
Memo,\2\ and the 2008 Ozone Implementation Rule.\3\ In each of these
[[Page 51667]]
documents, EPA asserted that if no sources exist in the nonattainment
area for a particular CTG category, the state would be allowed to
submit a negative declaration SIP revision. This principle also applies
to states in the ozone transport region.
---------------------------------------------------------------------------
\1\ ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
(57 FR 13498 at 13512 (April 16, 1992)).
\2\ ``RACT Q's and A's--Reasonably Available Control Technology
RACT: Questions and Answers'' Memorandum from William T. Harnett,
May 18, 2006.
\3\ ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements,'' (80
FR 12263 at 12278 (March 6, 2015)).
---------------------------------------------------------------------------
Second, we note that Massachusetts' finding is consistent with
information contained within EPA data resources of industrial activity
within the United States, such as the National Emissions Inventory
(NEI) database of sources of air pollution, which is available at:
https://www.epa.gov/air-emissions-inventories/national-emissions-inventory-nei. And last, we note that EPA Region 1 worked with
Massachusetts, and EPA headquarters' technical experts on the CTG, to
review the applicability criteria of EPA's 2016 oil and gas CTG to
assist the Commonwealth of Massachusetts with its determination.
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.
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. 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 October 20, 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. 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: July 27, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
For the reasons stated in the preamble, the EPA amends Part 52 of
chapter I, title 40 of the Code of Federal Regulations 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) * * *
[[Page 51668]]
Massachusetts Non-Regulatory
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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 8/21/2020 [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. 2020-16725 Filed 8-20-20; 8:45 am]
BILLING CODE 6560-50-P
