Air Plan Approval; Massachusetts; Reasonably Available Control Technology for the 2008 and 2015 Ozone Standards, 65236-65239 [2020-21146]
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Rules and Regulations
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We will publish an appropriate
amendment to 39 CFR part 20 to reflect
these changes.
Joshua J. Hofer,
Attorney, Federal Compliance.
[FR Doc. 2020–22885 Filed 10–13–20; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2019–0220; FRL–10015–
04–Region 1]
Air Plan Approval; Massachusetts;
Reasonably Available Control
Technology for the 2008 and 2015
Ozone Standards
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 SIP revision
consists of a demonstration that
Massachusetts meets the requirements
of reasonably available control
technology (RACT) for the two
precursors for ground-level ozone,
oxides of nitrogen (NOX) and volatile
SUMMARY:
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organic compounds (VOCs), set forth by
the Clean Air Act (CAA or Act) with
respect to the 2008 and 2015 ozone
National Ambient Air Quality Standards
(NAAQSs or standards). Additionally,
we are approving specific regulations
that implement the RACT requirements
by limiting air emissions of NOX and
VOC pollutants from sources within the
Commonwealth. This action is being
taken in accordance with the Clean Air
Act.
This rule is effective on
November 16, 2020.
DATES:
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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
David L. Mackintosh, Air Quality
Branch, U.S. Environmental Protection
Agency, EPA Region 1, 5 Post Office
Square—Suite 100, (Mail code 05–2),
PO 00000
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Boston, MA 02109–3912, tel. 617–918–
1584, email Mackintosh.David@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. Public Comment
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On August 3, 2020 (85 FR 46581),
EPA issued a notice of proposed
rulemaking (NPRM) for the
Commonwealth of Massachusetts. In the
NPRM, EPA proposed approval of a SIP
revision submitted by Massachusetts on
October 18, 2018 and revised by
Massachusetts on May 28, 2020. The SIP
revision contains a certification that
Massachusetts has met all RACT
requirements for the 2008 and 2015 8hour ozone NAAQSs, negative
declarations for ten Control Technique
Guidelines (CTGs), and the following
changes to Title 310 Code of
Massachusetts Regulations (CMR):
Revised section 7.00, Definitions;
revised 7.00 Appendix B: Emission
Banking, Trading, and Averaging,
subsection (4)(b) Applicability revised
section 7.08(2), Municipal Waste
Combustors; revised section 7.18, VOC
RACT subsections (3) Metal Furniture
Surface Coating, (5) Large Appliance
Surface Coating, (11) Surface Coating of
Miscellaneous Metal Parts and Products,
(12) Packaging Rotogravure and
Packaging Flexographic Printing, (14)
Paper, Film and Foil Surface Coating,
(21) Surface Coating of Plastic Parts, (24)
Flat Wood Paneling Surface Coating,
(25) Offset Lithographic Printing
Letterpress Printing; withdrawal of
section 7.18(7), Automobile Surface
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Coating; adding 7.18, VOC RACT
subsections (31) Industrial Cleaning
Solvents and (32) Fiberglass Boat
Manufacturing; revised section 7.19,
NOX RACT subsections (2) General
Provisions, (4) Large Boilers, (5)
Medium-size Boilers, (6) Small Boilers,
(7) Stationary Combustion Turbines, (8)
Stationary Reciprocating Internal
Combustion Engines, and (9) Municipal
Waste Combustor Units, and adding 310
CMR 7.26, Industry Performance
Standards subsections (20) through (25)
and (27) through (29) Environmental
Results Program for Lithographic,
Gravure, Letterpress, and Flexographic
Printing.
The NPRM provides the rationale for
EPA’s proposed approval, which will
not be restated here.
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II. Public Comment
EPA received one comment in
response to the NPRM. The comment is
outside the scope of a RACT SIP action,
does not explain (or provide a legal or
technical basis for) how the proposed
action should differ in any way, and
makes no specific mention of the
proposed action; the comment is not
germane.
III. Final Action
EPA is approving the Massachusetts
SIP revision as meeting the
Commonwealth’s RACT obligations for
the 2008 and 2015 8-hour ozone
NAAQSs as set forth in sections 182(b),
182(f) and 184(b)(2) of the CAA, and is
adding to the SIP the Commonwealth’s
submission entitled ‘‘Reasonably
Available Control Technology State
Implementation Plan Revision 2008 and
2015 Ozone National Ambient Air
Quality Standards’’ and ‘‘RACT SIP
Revision’’ dated October 18, 2018 and
May 28, 2020 respectively. EPA is
approving negative declarations for nine
CTG categories: (1) Refinery Vacuum
Producing Systems, Wastewater
Separators, and Process Unit
Turnarounds; (2) Leaks from Petroleum
Refinery Equipment; (3) Manufacture of
Synthesized Pharmaceutical Products;
(4) Manufacture of Pneumatic Rubber
Tires; (5) Large Petroleum Dry Cleaners;
(6) Manufacture of High-Density
Polyethylene, Polypropylene, and
Polystyrene Resins; (7) Equipment Leaks
from Natural Gas/Gasoline Processing
Plants; (8) Air Oxidation Processes; and
(9) Surface Coating of Automobiles and
Light-Duty Trucks. A tenth negative
declaration, which applies to the Oil
and Natural Gas Industry CTG, was
approved by EPA on August 21, 2020
(85 FR 51666). EPA is also approving
Title 310 CMR changes to the
Massachusetts SIP, as follows: Revised
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section 7.00, Definitions; revised 7.00
Appendix B: Emission Banking,
Trading, and Averaging, subsection
(4)(b) Applicability; revised section
7.08(2), Municipal Waste Combustors;
revised section 7.18, VOC RACT
subsections (2) Compliance with
Emission Limitations, (3) Metal
Furniture Surface Coating, (5) Large
Appliance Surface Coating, (11) Surface
Coating of Miscellaneous Metal Parts
and Products, (12) Packaging
Rotogravure and Packaging
Flexographic Printing, (14) Paper, Film
and Foil Surface Coating, (20) Emission
Control Plans for Implementation of
RACT, (21) Surface Coating of Plastic
Parts, (24) Flat Wood Paneling Surface
Coating, (25) Offset Lithographic
Printing Letterpress Printing, and (30)
Adhesives and Sealants; withdrawal of
7.18, section (7) Automobile Surface
Coating; addition of 7.18 VOC RACT,
subsections (1)(g) and (h), (31) Industrial
Cleaning Solvents, and (32) Fiberglass
Boat Manufacturing; revised section
7.19, NOX RACT subsections (1)
Applicability, (2) General Provisions, (3)
Emission Control Plans for
Implementation of RACT, (4) Large
Boilers, (5) Medium-size Boilers, (6)
Small Boilers, (7) Stationary
Combustion Turbines, (8) Stationary
Reciprocating Internal Combustion
Engines, and (9) Municipal Waste
Combustor Units; and addition of 310
CMR 7.26, Industry Performance
Standards, subsections which
incorporate an Environmental Results
Program for Lithographic, Gravure,
Letterpress, and Flexographic Printing:
subsections (20) through (25), (27), (28)
except (28)(a), and (29).
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
Massachusetts regulations described in
the amendments to 40 CFR part 52 set
forth below. The EPA has made, and
will continue to make, these documents
generally available through https://
www.regulations.gov and at the EPA
Region 1 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
state implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
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65237
be incorporated by reference in the next
update to the SIP compilation.1
V. 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
1 62
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FR 27968 (May 22, 1997).
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methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 14,
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, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: September 17, 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
Authority: 42 U.S.C. 7401 et seq.
Subpart W—Massachusetts
2. In § 52.1120:
a. Amend the table in paragraph (c) by
revising the entries for ‘‘310 CMR 7.00
Definitions’’, ‘‘310 CMR 7.00 Appendix
B Emission Banking, Trading, and
Averaging’’, ‘‘310 CMR 7.08
Incinerators. Municipal Waste
Combustors 310 CMR 7.08(2)’’, ‘‘310
CMR 7.18 Volatile and Halogenated
Organic Compounds’’, ‘‘310 CMR 7.19
Reasonably Available Control
Technology (RACT) for Sources of
Oxides of Nitrogen (NOX)’’, and ‘‘310
CMR 7.26 ‘‘Industry Performance
Standards’’.
■ b. Amend the table in paragraph (e) by
adding a provision for ‘‘Reasonably
Available Control Technology State
Implementation Plan Revision 2008 and
2015 Ozone National Ambient Air
Quality Standards and RACT SIP
Revision’’ at the end of the table.
The additions and revisions read as
follows:
■
■
§ 52.1120
*
Identification of plan.
*
*
(c) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
EPA-APPROVED MASSACHUSETTS REGULATIONS
State citation
Title/subject
State effective date
*
*
Definitions .....................
*
3/9/2018 and 3/20/2020
*
10/15/2020 [Insert Federal
Register citation].
*
310 CMR 7.00 ....
*
*
Approved 90 new definitions, updated 6 definitions, and deleted definitions for: Automotive Surface Coating, Manufacturing Plant, and Propanol Substitute.
*
*
Emission Banking, Trading, and Averaging.
*
3/9/2018 ........................
*
10/15/2020 [Insert Federal
Register citation].
*
310 CMR 7.00
Appendix B.
*
Revises (4)(b) Applicability.
*
*
Incinerators. Municipal
Waste Combustors
310 CMR 7.08(2).
*
3/20/2020 ......................
*
10/15/2020 [Insert Federal
Register citation].
*
*
*
Volatile and Halogenated Organic
Compounds.
*
3/20/2020 ......................
*
10/15/2020 [Insert Federal
Register citation].
*
Reasonably Available
Control Technology
(RACT) for Sources
of Oxides of Nitrogen
(NOX).
3/20/2020 ......................
10/15/2020 [Insert Federal
Register citation].
310 CMR 7.08 ....
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310 CMR 7.18 ....
310 CMR 7.19 ....
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Explanations
*
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Withdraws subsection (7) Automobile Surface Coating; adds
new subsections (1)(g) and (h), (31) Industrial Cleaning
Solvents, (32) Fiberglass Boat Manufacturing; revises subsections (2) Compliance with Emission Limitations, (3)
Metal Furniture Surface Coating, (5) Large Appliance Surface Coating, (11) Surface Coating of Miscellaneous Metal
Parts and Products, (12) Packaging Rotogravure and
Packaging Flexographic Printing, (14) Paper, Film and Foil
Surface Coating, (20) Emission Control Plans for Implementation of Reasonably Available Control Technology,
(21) Surface Coating of Plastic Parts, (24) Flat Wood Paneling Surface Coating, (25) Offset Lithographic Printing;
and adds subsections, (30) Adhesives and Sealants.
Revises subsection (1) Applicability, (2) General Provisions,
(3) Emission Control Plans for Implementation of RACT,
(4) Large Boilers, (5) Medium-size Boilers, (6) Small Boilers, (7) Stationary Combustion Turbines, (8) Stationary
Reciprocating Internal Combustion Engines, and (9) Municipal Waste Combustor Units.
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65239
EPA-APPROVED MASSACHUSETTS REGULATIONS—Continued
State citation
Title/subject
310 CMR 7.26 ....
*
*
Industry Performance
Standards.
*
*
*
*
State effective date
*
3/9/2018 ........................
*
*
EPA approval date
*
10/15/2020 [Insert Federal
Register citation].
*
*
*
Explanations
*
*
*
Adds Environmental Results Program for Lithographic, Gravure, Letterpress, and Flexographic Printing subsections
20 through 25 and 27 through 29, except 28(a).
*
*
*
(e) * * *
MASSACHUSETTS NON REGULATORY
Applicable
geographic or
nonattainment area
Name of non regulatory SIP provision
*
*
Reasonably Available Control Technology
State Implementation Plan Revision 2008
and 2015 Ozone National Ambient Air
Quality Standards and RACT SIP Revision.
*
*
*
Statewide ....................... Submitted 10/18/2018
and 5/28/2020.
[FR Doc. 2020–21146 Filed 10–14–20; 8:45 am]
SUPPLEMENTARY INFORMATION:
BILLING CODE 6560–50–P
I. Background
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
45 CFR Part 2500
RIN 3045–AA75
Agency Operating Name, Adoption of
New Logos, & Retirement of Logos
Corporation for National and
Community Service.
ACTION: Final rule.
AGENCY:
This rule makes nonsubstantive amendments to the
Corporation for National and
Community Service’s (CNCS)
regulations to change the operating
name of the agency to ‘‘AmeriCorps,’’ to
adopt two new logos, and to retire all
existing logos, except Days of Service,
from daily use. This final rule adds a
new part—2500—to Title 45 of the Code
of Federal Regulations to reflect the
operational name change, new logos,
and retirement of logos. This rule is not
intended to change the legal effect of the
use of the name AmeriCorps as defined
in agency’s regulations.
DATES: This rule is effective on October
15, 2020.
FOR FURTHER INFORMATION CONTACT:
Amy Borgstrom at the Corporation for
National and Community Service, 250 E
Street SW, Washington, DC 20525,
aborgstrom@cns.gov, phone 202–422–
2781.
SUMMARY:
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State submittal date/
effective date
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Throughout 2017 and 2018, the
Corporation for National and
Community Service coordinated efforts
to increase its effectiveness, efficiency,
and accountability. This effort
culminated in the 2018 announcement
of CNCS’s Transformation and
Sustainability Plan (Plan) that set forth
six goals that included simplifying
CNCS’s brand. After CNCS issued the
Plan, the agency focused its efforts on
implementing the Plan’s six goals. This
rule is the outcome of the
implementation of Goal 5 to ‘‘simplify
the CNCS brand.’’
To gain insight and knowledge about
the CNCS brand, the agency engaged in
a multi-stage, in-depth research analysis
that included an open comment period,
in-depth interviews, and a survey of
nearly 4,000 members, volunteers,
grantees, sponsors, and service program
alumni. The results of this research
showed that 80 percent of the general
public is not familiar with CNCS. Only
12 percent of the general public can
correctly identify the main purpose of
CNCS. Of CNCS’s actual grantees and
sponsors, 50 percent said it can be
difficult to explain the AmeriCorps and
Senior Corps programs.
After conducting a lengthy research
and development process and
considering feedback from stakeholders,
staff, and the public, the agency is
adopting a new name: AmeriCorps. The
agency is adopting the following two
official logos and retiring for use all
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EPA approved date
*
10/15/2020 [Insert
Federal Register
citation].
Explanation
*
Includes negative
declarations for 10
CTGs.
existing logos, including those for the
following programs: Foster
Grandparents, Senior Companions,
RSVP, AmeriCorps State and National,
AmeriCorps VISTA, AmeriCorps NCCC,
and the Volunteer Generation Fund.
The adoption of an operating name for
CNCS does not change the legal name of
the agency, which will remain the
Corporation for National and
Community Service. Thus, Congress
will continue to appropriate funds to
CNCS (and the agency’s Congressional
Budget Request would still be issued as
CNCS). The formal title of the head of
the agency (i.e., for purposes of
Presidential appointment and Senate
confirmation) will remain the Chief
Executive Officer of the Corporation for
National and Community Service.
However, the agency will use the
adopted operating name in virtually
every other context, including referring
to the head of the agency as the Chief
Executive Officer of AmeriCorps.
Changing the operational name does
not change the mission or structure of
the agency’s programs, their names, or
their funding streams. Rather, it will
focus and unify promotion efforts under
one operating name and the two new
logos to elevate awareness of the
opportunities for all Americans.
II. Regulatory Procedures
Inapplicability of Prior Public Notice
and Delayed Effective Date
Requirements
This regulation involves matters
relating to agency management and
involves a technical change regarding
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[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Rules and Regulations]
[Pages 65236-65239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21146]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2019-0220; FRL-10015-04-Region 1]
Air Plan Approval; Massachusetts; Reasonably Available Control
Technology for the 2008 and 2015 Ozone Standards
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 SIP revision consists of a demonstration that
Massachusetts meets the requirements of reasonably available control
technology (RACT) for the two precursors for ground-level ozone, oxides
of nitrogen (NOX) and volatile organic compounds (VOCs), set
forth by the Clean Air Act (CAA or Act) with respect to the 2008 and
2015 ozone National Ambient Air Quality Standards (NAAQSs or
standards). Additionally, we are approving specific regulations that
implement the RACT requirements by limiting air emissions of
NOX and VOC pollutants from sources within the Commonwealth.
This action is being taken in accordance with the Clean Air Act.
DATES: This rule is effective on November 16, 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: David L. Mackintosh, 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.
617-918-1584, email [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Public Comment
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On August 3, 2020 (85 FR 46581), EPA issued a notice of proposed
rulemaking (NPRM) for the Commonwealth of Massachusetts. In the NPRM,
EPA proposed approval of a SIP revision submitted by Massachusetts on
October 18, 2018 and revised by Massachusetts on May 28, 2020. The SIP
revision contains a certification that Massachusetts has met all RACT
requirements for the 2008 and 2015 8-hour ozone NAAQSs, negative
declarations for ten Control Technique Guidelines (CTGs), and the
following changes to Title 310 Code of Massachusetts Regulations (CMR):
Revised section 7.00, Definitions; revised 7.00 Appendix B: Emission
Banking, Trading, and Averaging, subsection (4)(b) Applicability
revised section 7.08(2), Municipal Waste Combustors; revised section
7.18, VOC RACT subsections (3) Metal Furniture Surface Coating, (5)
Large Appliance Surface Coating, (11) Surface Coating of Miscellaneous
Metal Parts and Products, (12) Packaging Rotogravure and Packaging
Flexographic Printing, (14) Paper, Film and Foil Surface Coating, (21)
Surface Coating of Plastic Parts, (24) Flat Wood Paneling Surface
Coating, (25) Offset Lithographic Printing Letterpress Printing;
withdrawal of section 7.18(7), Automobile Surface
[[Page 65237]]
Coating; adding 7.18, VOC RACT subsections (31) Industrial Cleaning
Solvents and (32) Fiberglass Boat Manufacturing; revised section 7.19,
NOX RACT subsections (2) General Provisions, (4) Large
Boilers, (5) Medium-size Boilers, (6) Small Boilers, (7) Stationary
Combustion Turbines, (8) Stationary Reciprocating Internal Combustion
Engines, and (9) Municipal Waste Combustor Units, and adding 310 CMR
7.26, Industry Performance Standards subsections (20) through (25) and
(27) through (29) Environmental Results Program for Lithographic,
Gravure, Letterpress, and Flexographic Printing.
The NPRM provides the rationale for EPA's proposed approval, which
will not be restated here.
II. Public Comment
EPA received one comment in response to the NPRM. The comment is
outside the scope of a RACT SIP action, does not explain (or provide a
legal or technical basis for) how the proposed action should differ in
any way, and makes no specific mention of the proposed action; the
comment is not germane.
III. Final Action
EPA is approving the Massachusetts SIP revision as meeting the
Commonwealth's RACT obligations for the 2008 and 2015 8-hour ozone
NAAQSs as set forth in sections 182(b), 182(f) and 184(b)(2) of the
CAA, and is adding to the SIP the Commonwealth's submission entitled
``Reasonably Available Control Technology State Implementation Plan
Revision 2008 and 2015 Ozone National Ambient Air Quality Standards''
and ``RACT SIP Revision'' dated October 18, 2018 and May 28, 2020
respectively. EPA is approving negative declarations for nine CTG
categories: (1) Refinery Vacuum Producing Systems, Wastewater
Separators, and Process Unit Turnarounds; (2) Leaks from Petroleum
Refinery Equipment; (3) Manufacture of Synthesized Pharmaceutical
Products; (4) Manufacture of Pneumatic Rubber Tires; (5) Large
Petroleum Dry Cleaners; (6) Manufacture of High-Density Polyethylene,
Polypropylene, and Polystyrene Resins; (7) Equipment Leaks from Natural
Gas/Gasoline Processing Plants; (8) Air Oxidation Processes; and (9)
Surface Coating of Automobiles and Light-Duty Trucks. A tenth negative
declaration, which applies to the Oil and Natural Gas Industry CTG, was
approved by EPA on August 21, 2020 (85 FR 51666). EPA is also approving
Title 310 CMR changes to the Massachusetts SIP, as follows: Revised
section 7.00, Definitions; revised 7.00 Appendix B: Emission Banking,
Trading, and Averaging, subsection (4)(b) Applicability; revised
section 7.08(2), Municipal Waste Combustors; revised section 7.18, VOC
RACT subsections (2) Compliance with Emission Limitations, (3) Metal
Furniture Surface Coating, (5) Large Appliance Surface Coating, (11)
Surface Coating of Miscellaneous Metal Parts and Products, (12)
Packaging Rotogravure and Packaging Flexographic Printing, (14) Paper,
Film and Foil Surface Coating, (20) Emission Control Plans for
Implementation of RACT, (21) Surface Coating of Plastic Parts, (24)
Flat Wood Paneling Surface Coating, (25) Offset Lithographic Printing
Letterpress Printing, and (30) Adhesives and Sealants; withdrawal of
7.18, section (7) Automobile Surface Coating; addition of 7.18 VOC
RACT, subsections (1)(g) and (h), (31) Industrial Cleaning Solvents,
and (32) Fiberglass Boat Manufacturing; revised section 7.19,
NOX RACT subsections (1) Applicability, (2) General
Provisions, (3) Emission Control Plans for Implementation of RACT, (4)
Large Boilers, (5) Medium-size Boilers, (6) Small Boilers, (7)
Stationary Combustion Turbines, (8) Stationary Reciprocating Internal
Combustion Engines, and (9) Municipal Waste Combustor Units; and
addition of 310 CMR 7.26, Industry Performance Standards, subsections
which incorporate an Environmental Results Program for Lithographic,
Gravure, Letterpress, and Flexographic Printing: subsections (20)
through (25), (27), (28) except (28)(a), and (29).
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Massachusetts regulations described in the amendments to 40 CFR part 52
set forth below. The EPA has made, and will continue to make, these
documents generally available through https://www.regulations.gov and
at the EPA Region 1 Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the state implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference in
the next update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. 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);
[Igr]s 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
[[Page 65238]]
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 14, 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, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: September 17, 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:
0
a. Amend the table in paragraph (c) by revising the entries for ``310
CMR 7.00 Definitions'', ``310 CMR 7.00 Appendix B Emission Banking,
Trading, and Averaging'', ``310 CMR 7.08 Incinerators. Municipal Waste
Combustors 310 CMR 7.08(2)'', ``310 CMR 7.18 Volatile and Halogenated
Organic Compounds'', ``310 CMR 7.19 Reasonably Available Control
Technology (RACT) for Sources of Oxides of Nitrogen (NOX)'',
and ``310 CMR 7.26 ``Industry Performance Standards''.
0
b. Amend the table in paragraph (e) by adding a provision for
``Reasonably Available Control Technology State Implementation Plan
Revision 2008 and 2015 Ozone National Ambient Air Quality Standards and
RACT SIP Revision'' at the end of the table.
The additions and revisions read as follows:
Sec. 52.1120 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Massachusetts Regulations
----------------------------------------------------------------------------------------------------------------
State citation Title/subject State effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
310 CMR 7.00............ Definitions......... 3/9/2018 and 3/20/ 10/15/2020 [Insert Approved 90 new
2020. Federal Register definitions,
citation]. updated 6
definitions, and
deleted definitions
for: Automotive
Surface Coating,
Manufacturing
Plant, and Propanol
Substitute.
* * * * * * *
310 CMR 7.00 Appendix B. Emission Banking, 3/9/2018............ 10/15/2020 [Insert Revises (4)(b)
Trading, and Federal Register Applicability.
Averaging. citation].
* * * * * * *
310 CMR 7.08............ Incinerators. 3/20/2020........... 10/15/2020 [Insert ....................
Municipal Waste Federal Register
Combustors 310 CMR citation].
7.08(2).
* * * * * * *
310 CMR 7.18............ Volatile and 3/20/2020........... 10/15/2020 [Insert Withdraws subsection
Halogenated Organic Federal Register (7) Automobile
Compounds. citation]. Surface Coating;
adds new
subsections (1)(g)
and (h), (31)
Industrial Cleaning
Solvents, (32)
Fiberglass Boat
Manufacturing;
revises subsections
(2) Compliance with
Emission
Limitations, (3)
Metal Furniture
Surface Coating,
(5) Large Appliance
Surface Coating,
(11) Surface
Coating of
Miscellaneous Metal
Parts and Products,
(12) Packaging
Rotogravure and
Packaging
Flexographic
Printing, (14)
Paper, Film and
Foil Surface
Coating, (20)
Emission Control
Plans for
Implementation of
Reasonably
Available Control
Technology, (21)
Surface Coating of
Plastic Parts, (24)
Flat Wood Paneling
Surface Coating,
(25) Offset
Lithographic
Printing; and adds
subsections, (30)
Adhesives and
Sealants.
310 CMR 7.19............ Reasonably Available 3/20/2020........... 10/15/2020 [Insert Revises subsection
Control Technology Federal Register (1) Applicability,
(RACT) for Sources citation]. (2) General
of Oxides of Provisions, (3)
Nitrogen (NOX). Emission Control
Plans for
Implementation of
RACT, (4) Large
Boilers, (5) Medium-
size Boilers, (6)
Small Boilers, (7)
Stationary
Combustion
Turbines, (8)
Stationary
Reciprocating
Internal Combustion
Engines, and (9)
Municipal Waste
Combustor Units.
[[Page 65239]]
* * * * * * *
310 CMR 7.26............ Industry Performance 3/9/2018............ 10/15/2020 [Insert Adds Environmental
Standards. Federal Register Results Program for
citation]. Lithographic,
Gravure,
Letterpress, and
Flexographic
Printing
subsections 20
through 25 and 27
through 29, except
28(a).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
Massachusetts Non Regulatory
----------------------------------------------------------------------------------------------------------------
State submittal
Name of non regulatory SIP Applicable geographic or date/effective EPA approved Explanation
provision nonattainment area date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Reasonably Available Control Statewide..................... Submitted 10/18/ 10/15/2020 Includes
Technology State 2018 and 5/28/ [Insert negative
Implementation Plan Revision 2020. Federal declarations
2008 and 2015 Ozone National Register for 10 CTGs.
Ambient Air Quality citation].
Standards and RACT SIP
Revision.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2020-21146 Filed 10-14-20; 8:45 am]
BILLING CODE 6560-50-P
