Notification of Memorandum of Agreement; Massachusetts; Clean Air Act (CAA) Sections 111(d) and/or 129 Federal Plan Requirements, 57612-57615 [2022-20381]
Download as PDF
<![CDATA[
57612
Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Rules and Regulations
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 21, 2022. 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 approving Pennsylvania’s
NOX and VOC RACT requirements for
one facility for the 2008 8-hour ozone
NAAQS may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
Name of source
Adam Ortiz,
Regional Administrator, Region III.
For the reasons set out in the
preamble, 40 CFR part 52 is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Identification of plan.
*
*
(d) * * *
(1) * * *
*
*
Authority: 42 U.S.C. 7401 et seq.
State
effective
date
*
PPG Industries, Inc.—
Springdale.
*
CO–254 .......
*
Allegheny .......................
*
*
PPG Industries Springdale Plant (formerly referenced as PPG Industries, Inc.—Springdale).
*
0057–OP18a
*
Allegheny .......................
*
*
2. In § 52.2020, the table in paragraph
(d)(1) is amended by:
■ a. Revising the entry ‘‘PPG Industries,
Inc.—Springdale’’; and
■ b. Adding an entry at the end of the
table for ‘‘PPG Industries Springdale
Plant (formerly referenced as PPG
Industries, Inc.—Springdale)’’.
The revision and addition read as
follows:
■
*
1. The authority citation for part 52
continues to read as follows:
County
*
Subpart NN—Pennsylvania
§ 52.2020
■
Permit No.
1 The
Additional explanations/
§§ 52.2063 and 52.2064
citations 1
EPA approval date
12/19/96
2/28/2020
*
10/12/01, 66 FR 52050
*
*
9/21/2022 [INSERT
FEDERAL REGISTER CITATION].
*
*
See also 52.2064(l)(1).
*
52.2064(l)(1).
cross-references that are not § 52.2064 are to material that pre-date the notebook format. For more information, see § 52.2063.
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
3. Amend § 52.2064 by adding
paragraph (l) to read as follows:
■
40 CFR Part 62
§ 52.2064 EPA-approved Source-Specific
Reasonably Available Control Technology
(RACT) for Volatile Organic Compounds
(VOC) and Oxides of Nitrogen (NOX).
*
khammond on DSKJM1Z7X2PROD with RULES
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
*
*
*
*
(l) Approval of source-specific RACT
requirements for 2008 8-hour ozone
national ambient air quality standard for
PPG Springdale is incorporated as
specified. (Rulemaking Docket No.
EPA–OAR–2020–0575.)
(1) PPG Industries Springdale Plant—
Incorporating by reference Permit No.
0057–OP18a, effective February 28,
2020, as redacted by ACHD, which
supersedes Consent Order 254, issued
December 19, 1996, except for
Conditions 1.13 through 1.22, which
remain as RACT requirements. See also
§ 52.2063(c)(165)(i)(B)(2), for prior
RACT approval.
(2) [Reserved]
[FR Doc. 2022–20108 Filed 9–20–22; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
16:33 Sep 20, 2022
Jkt 256001
[EPA–R01–OAR–2021–0883; FRL–10221–
01–R1]
Notification of Memorandum of
Agreement; Massachusetts; Clean Air
Act (CAA) Sections 111(d) and/or 129
Federal Plan Requirements
Environmental Protection
Agency (EPA).
ACTION: Notification.
AGENCY:
On October 15, 2021, the
United States Environmental Protection
Agency’s (EPA) Region 1 Acting
Administrator signed a Memorandum of
Agreement (MOA) between the
Massachusetts Department of
Environmental Protection (MassDEP)
and EPA Region 1 regarding existing
affected sources subject to Clean Air Act
(CAA) sections 111(d) and/or 129
Federal Plan requirements.
Subsequently, the MOA became
effective upon signature of the MassDEP
Commissioner on November 9, 2021.
This document is informing the public
SUMMARY:
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
of the MOA and making a copy of the
document accessible.
DATES: On November 9, 2021, the MOA
between EPA Region 1 and MassDEP
was finalized upon signature of both
parties.
EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2021–0883. 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 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
ADDRESSES:
E:\FR\FM\21SER1.SGM
21SER1
Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Rules and Regulations
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:
Jessica Kilpatrick, Air Permits, Toxics, &
Indoor Programs Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 1, 5 Post
Office Square, Mail Code: 05–2, Boston,
MA 02109–0287. Telephone: 617–918–
1652. Fax: 617–918–0652 Email:
kilpatrick.jessica@epa.gov.
As a result
of MassDEP’s expressed interest in
exercising its authority in the
implementation and enforcement of
CAA sections 111(d) and 129 Federal
Plan requirements for existing sources
in Massachusetts, EPA Region 1
developed and submitted a preliminary
draft of the MOA to MassDEP for its
feedback in April 2020. Region 1 staff
and legal counsel worked with MassDEP
Air and Climate Programs staff and legal
counsel to develop an agreed upon final
draft.
Both EPA and MassDEP agree that the
MOA is mutually advantageous and an
effective mechanism to protect air
quality. Accordingly, the MOA was
signed by the Acting EPA Region 1
Administrator on October 15, 2021, and
was signed by the MassDEP
Commissioner on November 9, 2021. It
addresses the functions MassDEP will
assume, and the authorities EPA will
continue to retain, for the
implementation and enforcement of the
CAA section 111(d) and/or section 129
Federal Plan requirements for affected
sources in the Commonwealth of
Massachusetts.
The MOA delineates the scope of the
agreement, the mechanism of
coordinating implementation and
enforcement authority of the Federal
Plan requirements via MassDEP’s Title
V operating permit program, standards
affected by this MOA, the roles and
responsibilities MassDEP will assume as
well as those that EPA will continue to
retain, and the administration of this
agreement. The Federal Plans that are
specifically covered by this MOA are
codified at title 40 Code of Federal
Regulations (CFR), part 62, subpart JJJ
(for ‘‘small municipal waste
combustors’’), subpart LLL (for ‘‘sewage
sludge incinerators’’), and subpart OOO
(for ‘‘municipal solid waste landfills’’).
Furthermore, the MOA also describes
the method by which EPA and MassDEP
will coordinate the implementation and
enforcement of future Federal Plans.
The text of EPA Region 1’s and
MassDEP’s MOA, effective November 9,
2021, is reproduced below:
khammond on DSKJM1Z7X2PROD with RULES
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
16:33 Sep 20, 2022
Jkt 256001
Memorandum of Agreement Between
the Massachusetts Department of
Environmental Protection and the
United States Environmental Protection
Agency Regarding Existing Affected
Sources Subject to Clean Air Act
Sections 111(d) and/or 129 Federal Plan
Requirements
I. Introduction
A. The purpose of this Memorandum
of Agreement (MOA) is to coordinate
implementation and enforcement
responsibilities and authorities between
the U.S. Environmental Protection
Agency, Region 1 (EPA), and the
Massachusetts Department of
Environmental Protection (MassDEP)
with respect to the Federal Plan
requirements for affected sources 1
promulgated by EPA pursuant to Clean
Air Act (CAA) section 111(d) and/or
section 129, as further specified herein.
The CAA section 111(d) and/or section
129 Federal Plans that are covered by
this MOA are codified at Title 40 Code
of Federal Regulations (CFR), Part 62,
subpart JJJ (for ‘‘small municipal waste
combustors’’), subpart LLL (for ‘‘sewage
sludge incinerators’’), and subpart OOO
(for ‘‘municipal solid waste landfills’’).
In addition, this MOA details the
process by which future federal plans
promulgated under Part 62 will be
implemented and enforced by MassDEP
should it accept to exercise this
responsibility. This MOA does not cover
‘‘large municipal waste combustors’’
subject to the State Plan approved by
EPA and codified at 310 CMR 7.08(2).
B. MassDEP and EPA concur that it is
mutually advantageous and the best use
of resources to coordinate their efforts in
the implementation and enforcement of
these Federal Plans by entering this
MOA.
C. MassDEP and EPA affirm their
commitment to an effective partnership
and agree to review this MOA from time
to time, as necessary.
II. Scope
A. MassDEP will exercise its authority
to implement and enforce the CAA
section 111(d) and/or section 129
Federal Plans for affected sources in the
Commonwealth of Massachusetts
through its Title V operating permits as
required under Title V of the CAA (Title
V operating permit program), as codified
in Massachusetts regulations at 310
CMR 7.00: Appendix C. See 61 FR
31442 and 66 FR 49541. Tribal lands
with affected sources, if any, are not
subject to this MOA.
1 As used in this MOA, the term ‘‘affected source’’
refers to a source subject to a Federal Plan
promulgated under CAA section 111(d) and/or
section 129.
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
57613
B. This MOA addresses the functions
MassDEP will assume, and the
authorities EPA will continue to retain,
as they pertain to the implementation
and enforcement of the CAA section
111(d) and/or section 129 Federal Plans
for affected sources.
III. Mechanism
A. As outlined in this MOA, MassDEP
will exercise its authority to implement
and enforce the emission standards and
other applicable requirements contained
in the section 111(d) and/or 129 Federal
Plans for affected sources through
MassDEP’s Title V operating permit
program, as codified in Massachusetts
regulations at 310 CMR 7.00: Appendix
C.
B. In its Title V operating permit
program, MassDEP defines ‘‘applicable
requirement’’ as:
‘‘. . . all of the following as they apply to
emissions units or control equipment in a
facility subject to the requirements of
Massachusetts Code 310 CMR 7.00:
Appendix C (Appendix C). This includes
requirements that have been promulgated or
approved by EPA through rule making at the
time of issuance but have future-effective
compliance dates:
*
*
*
*
*
[c]Any standard or other requirement
under 42 U.S.C. 7401, The Clean Air Act,
§ 111, including § 111(d) (New Source
Performance Standards (NSPS));
*
*
*
*
*
[g]Any standard or other requirement
governing solid waste incineration, under 42
U.S.C. 7401, The Clean Air Act, § 129;’’
See 310 CMR 7.00 Appendix C section
(1) Definitions.
C. In accordance with the language
above, MassDEP has the authority to
implement and enforce CAA section
111, including CAA section 111(d) and/
or section 129 Federal Plan standards,
through MassDEP’s Title V operating
permit program.
D. MassDEP will implement and
enforce CAA section 111(d) and/or
section 129 Federal Plan standards by
including such standards as applicable
requirements in affected sources’ Title V
operating permits when such permits
are issued or revised.
E. MassDEP has the following
authorities to implement the program:
1. Requesting information on
applicable requirements in affected
sources’ Title V operating permit
applications. Through 310 CMR 7.00:
Appendix C (3) and (10)(a), MassDEP is
authorized to apply 111(d) and/or 129
Federal Plan requirements by requesting
and receiving operating permit
applications, as well as records relating
to the operating permit or the emission
of air contaminants;
E:\FR\FM\21SER1.SGM
21SER1
57614
Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES
2. Requesting and receiving records
relating to the emission of air
contaminants. Through 310 CMR 7.00:
Appendix C (10)(a), MassDEP is
authorized to request and receive
records relating to the Title V operating
permit or the emission of air
contaminants;
3. Requiring that all applicable State
and Federal requirements be included
in Title V operating permits. Specific
conditions related to CAA section
111(d) and/or section 129 Federal Plans
will be included in an affected source’s
Title V operating permit by MassDEP
through 310 CMR 7.00: Appendix
C(3)(g)1, which specifies that all
applicable requirements must be
included in an operating permit;
4. Enforcing all conditions and
requirements of its Title V operating
permits. Enforcement of the CAA
section 111(d) and/or section 129
Federal Plans will be exercised by
MassDEP through its enforcement
provision in 310 CMR 7.00: Appendix C
(3)(f), which states that an Appendix C
qualifying facility is subject to
enforcement pursuant to the
Massachusetts General Laws and
regulations thereunder if a violation of
Appendix C occurs. Penalties for such
violations are outlined in M.G.L. c. 111,
§§ 142A and B. MassDEP also has
authority to issue civil administrative
penalties for noncompliance violations
pursuant to M.G.L. c. 21A, § 16, and 310
CMR 5.00.
IV. Standards Affected by This MOA
and Mechanism for Accepting Future
Standards
A. Upon the effective date of this
MOA, EPA recognizes MassDEP as
having implementation and
enforcement authority for Part 62,
subpart JJJ (for ‘‘small municipal waste
combustors’’), subpart LLL (for ‘‘sewage
sludge incinerators’’), and subpart OOO
(for ‘‘municipal solid waste landfills’’)
upon issuance of a Title V operating
permit with applicable requirements for
those standards written into the sourcespecific permit.
B. When EPA establishes future CAA
section 111(d) and/or section 129
Federal Plan standards, EPA will notify
MassDEP by forwarding a copy of the
applicable regulations via a letter asking
whether the standard is applicable to
sources in Massachusetts and whether
MassDEP intends to accept
implementation and enforcement
authority of the standard through
issuance of a Title V operating permit
with applicable requirements for those
standards written into the sourcespecific permit. MassDEP will notify
EPA by letter whether MassDEP intends
VerDate Sep<11>2014
16:33 Sep 20, 2022
Jkt 256001
to accept implementation and
enforcement authority of the standard
through issuance of Title V operating
permits to applicable sources.
V. Roles and Responsibilities of
MassDEP and EPA
A. MassDEP and EPA agree to
maintain a high level of communication,
coordination, and cooperation between
their respective staffs to assure the
successful and effective administration
and implementation of the CAA section
111(d) and/or section 129 Federal Plans
for affected sources.
B. EPA commits to provide MassDEP
with technical support and assistance in
its implementation of CAA section
111(d) and/or section 129 Federal Plans
for affected sources, as necessary.
C. Both parties agree to the following
procedures:
1. MassDEP shall exercise its
authority for the implementation and
enforcement of CAA section 111(d) and/
or section 129 Federal Plan standards in
Title V operating permits, except for
applicable sources, if any, in Tribal
lands. Such implementation and
enforcement shall include as
appropriate:
a. Distribution of informational letters
and information to potentially affected
sources;
b. Receiving and reviewing notices,
reports, and compliance certifications;
c. Conducting compliance
inspections;
d. Preparing inspection reports and
sharing with EPA those reports which
find violations;
e. Requiring submittal of, receiving,
and reviewing Title V operating permit
applications from affected sources;
f. Expeditiously issuing or revising
existing Title V operating permits for
affected sources, as needed, to include
the CAA section 111(d) and/or section
129 Federal Plan standards;
g. Assuring compliance through
implementation and enforcement of the
Title V operating permit program for
affected sources; and
h. In instances where an affected
source is required to develop pollution
control parameter operating limits based
on periodic testing, ensuring that such
parameter operating limits are
enforceable after the date of a successful
performance test and the parameter
operating limits are incorporated into a
monitoring plan as expeditiously as
possible.
2. EPA retains its implementation and
enforcement authorities for CAA section
111(d) and/or section 129 Federal Plans
in Massachusetts. EPA retains sole
authority for the following functions:
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
a. Alternative site-specific nonmethane organic compounds (NMOC)
concentrations or site-specific methane
generation rate constant (k) used in
calculating the annual NMOC emission
rate (for landfills);
b. Alternative emission standards;
c. Major alternatives to test methods;
d. Major alternatives to monitoring;
e. Waivers of record keeping;
f. Alternative monitoring parameters
(if applicable);
g. Petitions for alternative control
device monitoring parameters (where
applicable); and
h. Implementation and enforcement
in Tribal lands.
D. Nothing in this MOA shall
constrain EPA’s authority to fulfill its
oversight and enforcement roles under
the CAA. This MOA shall not be
construed to contravene any provision
for any associated CAA section 111(d)
and/or section 129 Federal Plan
requirements. Furthermore, this MOA is
in addition to, and does not affect, other
EPA approvals and/or delegations under
the CAA, such as New Source Review,
the Title V Permitting Program, and the
State Implementation Plan.
E. Upon issuance of a Title V
operating permit to an affected source,
MassDEP will have the authority
necessary to enforce the CAA section
111(d) and/or section 129 Federal Plan
standards.
VI. Administration of This Agreement
A. This MOA is effective when signed
by both parties below and may be
modified at any time upon the written
agreement of MassDEP and EPA. This
MOA may be terminated by either
signatory at any time after proper
written notice.
1. EPA and MassDEP may execute this
MOA by handwritten or electronic
signatures.
2. To ensure the validity of any
electronic signatures and the legal
enforceability of this MOA, EPA
electronic signatures will comply with
the Agency’s 2018 Electronic Signature
Policy and Electronic Signature
Procedure. MassDEP signatures will
comply with all applicable
Massachusetts e-signature laws and
policies. At a minimum, an
electronically signed document must be
reproducible in a human-intelligible
form and clearly indicate: (1) that the
document was electronically signed; (2)
the unique identity of the individual
who signed the document and their
intent to sign; and (3) the date and time
it was signed. Once the MOA is signed
by a party, the document must be locked
to prevent any further alteration of this
document. An electronically signed
E:\FR\FM\21SER1.SGM
21SER1
Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Rules and Regulations
MOA delivered by email or in hard copy
shall be deemed an original document
which shall be stored and managed in
accordance with State and Federal
recordkeeping requirements. EPA and
MassDEP acknowledge that electronic
signatures carry the legal effect, validity,
or enforceability of handwritten
signatures. Therefore, the parties shall
not deny the legal effect, validity, or
enforceability of records containing
electronic signatures that they transmit
and receive on the ground that such
records, including the signature(s), are
in electronic form.
B. Nothing in this agreement shall be
construed to restrict in any way the
authority of either MassDEP or EPA in
fulfilling its responsibilities under State
or Federal law, respectively.
VII. Signatures
For the United States, Deborah Szaro,
Acting Regional Administrator, EPA
Region 1, October 15, 2021.
For the Commonwealth of
Massachusetts, Martin Suuberg,
Commissioner, Massachusetts
Department of Environmental
Protection, November 9, 2021.
This document informs the public of
EPA Region 1 and MassDEP’s November
9, 2021 MOA. In addition, a copy of the
MOA signed by EPA Region 1 and
MassDEP is available in the docket for
this action identified in the ADDRESSES
section above.
List of Subjects in 40 CFR Part 62
Environmental protection, Air
pollution control, Administrative
practice and procedure, Industrial
facilities, Intergovernmental relations,
Reporting and recordkeeping
requirements, Waste treatment and
disposal.
I. General Information
Dated: September 15, 2022.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2022–20381 Filed 9–20–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
khammond on DSKJM1Z7X2PROD with RULES
[EPA–HQ–OPP–2021–0153; FRL–10187–01–
OCSPP]
Novaluron; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of novaluron in
or on multiple crops that are discussed
SUMMARY:
VerDate Sep<11>2014
16:33 Sep 20, 2022
Jkt 256001
later in this document. Interregional
Research Project Number 4 (IR–4)
requested these tolerances under the
Federal Food, Drug, and Cosmetic Act
(FFDCA).
DATES: This regulation is effective
September 21, 2022. Objections and
requests for hearings must be received
on or before November 21, 2022, 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–2021–0153, 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 and the OPP
Docket is (202) 566–1744. For the latest
status information on EPA/DC services,
docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Marietta Echeverria, Acting Director,
Registration Division (7505T), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460–0001;
main telephone number: (202) 566–
1030; email address: RDFRNotices@
epa.gov.
SUPPLEMENTARY 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
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
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
57615
regulations at 40 CFR part 180 through
the Office of the Federal Register’s eCFR site at https://www.ecfr.gov/
current/title-40.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a(g), 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–2021–0153 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
November 21, 2022. 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
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2021–0153, by one of the following
methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
comments. Do not submit electronically
any information you consider to be CBI
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/where-sendcomments-epa-dockets.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
II. Summary of Petitioned-For
Tolerance
In the Federal Register of June 28,
2021 (86 FR 33922) (FRL–10025–08),
EPA issued a document pursuant to
FFDCA section 408(d)(3), 21 U.S.C.
E:\FR\FM\21SER1.SGM
21SER1
]]>Agencies
[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Rules and Regulations]
[Pages 57612-57615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20381]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R01-OAR-2021-0883; FRL-10221-01-R1]
Notification of Memorandum of Agreement; Massachusetts; Clean Air
Act (CAA) Sections 111(d) and/or 129 Federal Plan Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notification.
-----------------------------------------------------------------------
SUMMARY: On October 15, 2021, the United States Environmental
Protection Agency's (EPA) Region 1 Acting Administrator signed a
Memorandum of Agreement (MOA) between the Massachusetts Department of
Environmental Protection (MassDEP) and EPA Region 1 regarding existing
affected sources subject to Clean Air Act (CAA) sections 111(d) and/or
129 Federal Plan requirements. Subsequently, the MOA became effective
upon signature of the MassDEP Commissioner on November 9, 2021. This
document is informing the public of the MOA and making a copy of the
document accessible.
DATES: On November 9, 2021, the MOA between EPA Region 1 and MassDEP
was finalized upon signature of both parties.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2021-0883. 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 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
[[Page 57613]]
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: Jessica Kilpatrick, Air Permits,
Toxics, & Indoor Programs Branch, Air and Radiation Division, U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square, Mail
Code: 05-2, Boston, MA 02109-0287. Telephone: 617-918-1652. Fax: 617-
918-0652 Email: [email protected].
SUPPLEMENTARY INFORMATION: As a result of MassDEP's expressed interest
in exercising its authority in the implementation and enforcement of
CAA sections 111(d) and 129 Federal Plan requirements for existing
sources in Massachusetts, EPA Region 1 developed and submitted a
preliminary draft of the MOA to MassDEP for its feedback in April 2020.
Region 1 staff and legal counsel worked with MassDEP Air and Climate
Programs staff and legal counsel to develop an agreed upon final draft.
Both EPA and MassDEP agree that the MOA is mutually advantageous
and an effective mechanism to protect air quality. Accordingly, the MOA
was signed by the Acting EPA Region 1 Administrator on October 15,
2021, and was signed by the MassDEP Commissioner on November 9, 2021.
It addresses the functions MassDEP will assume, and the authorities EPA
will continue to retain, for the implementation and enforcement of the
CAA section 111(d) and/or section 129 Federal Plan requirements for
affected sources in the Commonwealth of Massachusetts.
The MOA delineates the scope of the agreement, the mechanism of
coordinating implementation and enforcement authority of the Federal
Plan requirements via MassDEP's Title V operating permit program,
standards affected by this MOA, the roles and responsibilities MassDEP
will assume as well as those that EPA will continue to retain, and the
administration of this agreement. The Federal Plans that are
specifically covered by this MOA are codified at title 40 Code of
Federal Regulations (CFR), part 62, subpart JJJ (for ``small municipal
waste combustors''), subpart LLL (for ``sewage sludge incinerators''),
and subpart OOO (for ``municipal solid waste landfills''). Furthermore,
the MOA also describes the method by which EPA and MassDEP will
coordinate the implementation and enforcement of future Federal Plans.
The text of EPA Region 1's and MassDEP's MOA, effective November 9,
2021, is reproduced below:
Memorandum of Agreement Between the Massachusetts Department of
Environmental Protection and the United States Environmental Protection
Agency Regarding Existing Affected Sources Subject to Clean Air Act
Sections 111(d) and/or 129 Federal Plan Requirements
I. Introduction
A. The purpose of this Memorandum of Agreement (MOA) is to
coordinate implementation and enforcement responsibilities and
authorities between the U.S. Environmental Protection Agency, Region 1
(EPA), and the Massachusetts Department of Environmental Protection
(MassDEP) with respect to the Federal Plan requirements for affected
sources \1\ promulgated by EPA pursuant to Clean Air Act (CAA) section
111(d) and/or section 129, as further specified herein. The CAA section
111(d) and/or section 129 Federal Plans that are covered by this MOA
are codified at Title 40 Code of Federal Regulations (CFR), Part 62,
subpart JJJ (for ``small municipal waste combustors''), subpart LLL
(for ``sewage sludge incinerators''), and subpart OOO (for ``municipal
solid waste landfills''). In addition, this MOA details the process by
which future federal plans promulgated under Part 62 will be
implemented and enforced by MassDEP should it accept to exercise this
responsibility. This MOA does not cover ``large municipal waste
combustors'' subject to the State Plan approved by EPA and codified at
310 CMR 7.08(2).
---------------------------------------------------------------------------
\1\ As used in this MOA, the term ``affected source'' refers to
a source subject to a Federal Plan promulgated under CAA section
111(d) and/or section 129.
---------------------------------------------------------------------------
B. MassDEP and EPA concur that it is mutually advantageous and the
best use of resources to coordinate their efforts in the implementation
and enforcement of these Federal Plans by entering this MOA.
C. MassDEP and EPA affirm their commitment to an effective
partnership and agree to review this MOA from time to time, as
necessary.
II. Scope
A. MassDEP will exercise its authority to implement and enforce the
CAA section 111(d) and/or section 129 Federal Plans for affected
sources in the Commonwealth of Massachusetts through its Title V
operating permits as required under Title V of the CAA (Title V
operating permit program), as codified in Massachusetts regulations at
310 CMR 7.00: Appendix C. See 61 FR 31442 and 66 FR 49541. Tribal lands
with affected sources, if any, are not subject to this MOA.
B. This MOA addresses the functions MassDEP will assume, and the
authorities EPA will continue to retain, as they pertain to the
implementation and enforcement of the CAA section 111(d) and/or section
129 Federal Plans for affected sources.
III. Mechanism
A. As outlined in this MOA, MassDEP will exercise its authority to
implement and enforce the emission standards and other applicable
requirements contained in the section 111(d) and/or 129 Federal Plans
for affected sources through MassDEP's Title V operating permit
program, as codified in Massachusetts regulations at 310 CMR 7.00:
Appendix C.
B. In its Title V operating permit program, MassDEP defines
``applicable requirement'' as:
``. . . all of the following as they apply to emissions units or
control equipment in a facility subject to the requirements of
Massachusetts Code 310 CMR 7.00: Appendix C (Appendix C). This
includes requirements that have been promulgated or approved by EPA
through rule making at the time of issuance but have future-
effective compliance dates:
* * * * *
[c]Any standard or other requirement under 42 U.S.C. 7401, The
Clean Air Act, Sec. 111, including Sec. 111(d) (New Source
Performance Standards (NSPS));
* * * * *
[g]Any standard or other requirement governing solid waste
incineration, under 42 U.S.C. 7401, The Clean Air Act, Sec. 129;''
See 310 CMR 7.00 Appendix C section (1) Definitions.
C. In accordance with the language above, MassDEP has the authority
to implement and enforce CAA section 111, including CAA section 111(d)
and/or section 129 Federal Plan standards, through MassDEP's Title V
operating permit program.
D. MassDEP will implement and enforce CAA section 111(d) and/or
section 129 Federal Plan standards by including such standards as
applicable requirements in affected sources' Title V operating permits
when such permits are issued or revised.
E. MassDEP has the following authorities to implement the program:
1. Requesting information on applicable requirements in affected
sources' Title V operating permit applications. Through 310 CMR 7.00:
Appendix C (3) and (10)(a), MassDEP is authorized to apply 111(d) and/
or 129 Federal Plan requirements by requesting and receiving operating
permit applications, as well as records relating to the operating
permit or the emission of air contaminants;
[[Page 57614]]
2. Requesting and receiving records relating to the emission of air
contaminants. Through 310 CMR 7.00: Appendix C (10)(a), MassDEP is
authorized to request and receive records relating to the Title V
operating permit or the emission of air contaminants;
3. Requiring that all applicable State and Federal requirements be
included in Title V operating permits. Specific conditions related to
CAA section 111(d) and/or section 129 Federal Plans will be included in
an affected source's Title V operating permit by MassDEP through 310
CMR 7.00: Appendix C(3)(g)1, which specifies that all applicable
requirements must be included in an operating permit;
4. Enforcing all conditions and requirements of its Title V
operating permits. Enforcement of the CAA section 111(d) and/or section
129 Federal Plans will be exercised by MassDEP through its enforcement
provision in 310 CMR 7.00: Appendix C (3)(f), which states that an
Appendix C qualifying facility is subject to enforcement pursuant to
the Massachusetts General Laws and regulations thereunder if a
violation of Appendix C occurs. Penalties for such violations are
outlined in M.G.L. c. 111, Sec. Sec. 142A and B. MassDEP also has
authority to issue civil administrative penalties for noncompliance
violations pursuant to M.G.L. c. 21A, Sec. 16, and 310 CMR 5.00.
IV. Standards Affected by This MOA and Mechanism for Accepting Future
Standards
A. Upon the effective date of this MOA, EPA recognizes MassDEP as
having implementation and enforcement authority for Part 62, subpart
JJJ (for ``small municipal waste combustors''), subpart LLL (for
``sewage sludge incinerators''), and subpart OOO (for ``municipal solid
waste landfills'') upon issuance of a Title V operating permit with
applicable requirements for those standards written into the source-
specific permit.
B. When EPA establishes future CAA section 111(d) and/or section
129 Federal Plan standards, EPA will notify MassDEP by forwarding a
copy of the applicable regulations via a letter asking whether the
standard is applicable to sources in Massachusetts and whether MassDEP
intends to accept implementation and enforcement authority of the
standard through issuance of a Title V operating permit with applicable
requirements for those standards written into the source-specific
permit. MassDEP will notify EPA by letter whether MassDEP intends to
accept implementation and enforcement authority of the standard through
issuance of Title V operating permits to applicable sources.
V. Roles and Responsibilities of MassDEP and EPA
A. MassDEP and EPA agree to maintain a high level of communication,
coordination, and cooperation between their respective staffs to assure
the successful and effective administration and implementation of the
CAA section 111(d) and/or section 129 Federal Plans for affected
sources.
B. EPA commits to provide MassDEP with technical support and
assistance in its implementation of CAA section 111(d) and/or section
129 Federal Plans for affected sources, as necessary.
C. Both parties agree to the following procedures:
1. MassDEP shall exercise its authority for the implementation and
enforcement of CAA section 111(d) and/or section 129 Federal Plan
standards in Title V operating permits, except for applicable sources,
if any, in Tribal lands. Such implementation and enforcement shall
include as appropriate:
a. Distribution of informational letters and information to
potentially affected sources;
b. Receiving and reviewing notices, reports, and compliance
certifications;
c. Conducting compliance inspections;
d. Preparing inspection reports and sharing with EPA those reports
which find violations;
e. Requiring submittal of, receiving, and reviewing Title V
operating permit applications from affected sources;
f. Expeditiously issuing or revising existing Title V operating
permits for affected sources, as needed, to include the CAA section
111(d) and/or section 129 Federal Plan standards;
g. Assuring compliance through implementation and enforcement of
the Title V operating permit program for affected sources; and
h. In instances where an affected source is required to develop
pollution control parameter operating limits based on periodic testing,
ensuring that such parameter operating limits are enforceable after the
date of a successful performance test and the parameter operating
limits are incorporated into a monitoring plan as expeditiously as
possible.
2. EPA retains its implementation and enforcement authorities for
CAA section 111(d) and/or section 129 Federal Plans in Massachusetts.
EPA retains sole authority for the following functions:
a. Alternative site-specific non-methane organic compounds (NMOC)
concentrations or site-specific methane generation rate constant (k)
used in calculating the annual NMOC emission rate (for landfills);
b. Alternative emission standards;
c. Major alternatives to test methods;
d. Major alternatives to monitoring;
e. Waivers of record keeping;
f. Alternative monitoring parameters (if applicable);
g. Petitions for alternative control device monitoring parameters
(where applicable); and
h. Implementation and enforcement in Tribal lands.
D. Nothing in this MOA shall constrain EPA's authority to fulfill
its oversight and enforcement roles under the CAA. This MOA shall not
be construed to contravene any provision for any associated CAA section
111(d) and/or section 129 Federal Plan requirements. Furthermore, this
MOA is in addition to, and does not affect, other EPA approvals and/or
delegations under the CAA, such as New Source Review, the Title V
Permitting Program, and the State Implementation Plan.
E. Upon issuance of a Title V operating permit to an affected
source, MassDEP will have the authority necessary to enforce the CAA
section 111(d) and/or section 129 Federal Plan standards.
VI. Administration of This Agreement
A. This MOA is effective when signed by both parties below and may
be modified at any time upon the written agreement of MassDEP and EPA.
This MOA may be terminated by either signatory at any time after proper
written notice.
1. EPA and MassDEP may execute this MOA by handwritten or
electronic signatures.
2. To ensure the validity of any electronic signatures and the
legal enforceability of this MOA, EPA electronic signatures will comply
with the Agency's 2018 Electronic Signature Policy and Electronic
Signature Procedure. MassDEP signatures will comply with all applicable
Massachusetts e-signature laws and policies. At a minimum, an
electronically signed document must be reproducible in a human-
intelligible form and clearly indicate: (1) that the document was
electronically signed; (2) the unique identity of the individual who
signed the document and their intent to sign; and (3) the date and time
it was signed. Once the MOA is signed by a party, the document must be
locked to prevent any further alteration of this document. An
electronically signed
[[Page 57615]]
MOA delivered by email or in hard copy shall be deemed an original
document which shall be stored and managed in accordance with State and
Federal recordkeeping requirements. EPA and MassDEP acknowledge that
electronic signatures carry the legal effect, validity, or
enforceability of handwritten signatures. Therefore, the parties shall
not deny the legal effect, validity, or enforceability of records
containing electronic signatures that they transmit and receive on the
ground that such records, including the signature(s), are in electronic
form.
B. Nothing in this agreement shall be construed to restrict in any
way the authority of either MassDEP or EPA in fulfilling its
responsibilities under State or Federal law, respectively.
VII. Signatures
For the United States, Deborah Szaro, Acting Regional
Administrator, EPA Region 1, October 15, 2021.
For the Commonwealth of Massachusetts, Martin Suuberg,
Commissioner, Massachusetts Department of Environmental Protection,
November 9, 2021.
This document informs the public of EPA Region 1 and MassDEP's
November 9, 2021 MOA. In addition, a copy of the MOA signed by EPA
Region 1 and MassDEP is available in the docket for this action
identified in the ADDRESSES section above.
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Administrative
practice and procedure, Industrial facilities, Intergovernmental
relations, Reporting and recordkeeping requirements, Waste treatment
and disposal.
Dated: September 15, 2022.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2022-20381 Filed 9-20-22; 8:45 am]
BILLING CODE 6560-50-P
