81_FR_47272 81 FR 47133 - Air Plan Approval; Massachusetts; Infrastructure State Implementation Plan Requirements

81 FR 47133 - Air Plan Approval; Massachusetts; Infrastructure State Implementation Plan Requirements

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 139 (July 20, 2016)

Page Range47133-47144
FR Document2016-17069

The Environmental Protection Agency (EPA) is proposing to approve most elements of State Implementation Plan (SIP) submissions from Massachusetts regarding the infrastructure requirements of the Clean Air Act (CAA or Act) for the 1997 ozone, 2008 lead (Pb), 2008 ozone, 2010 nitrogen dioxide (NO<INF>2</INF>), and 2010 sulfur dioxide (SO<INF>2</INF>) National Ambient Air Quality Standards (NAAQS). EPA is also proposing to conditionally approve three aspects of the Commonwealth's submittals. In addition, we are also proposing findings of failure to submit pertaining to various aspects of the prevention of significant deterioration (PSD) requirements of infrastructure SIPs. Lastly, we are proposing to remove 40 CFR 52.1160 as legally obsolete. The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA.

Federal Register, Volume 81 Issue 139 (Wednesday, July 20, 2016)
[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Proposed Rules]
[Pages 47133-47144]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17069]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2014-0720; FRL-9949-29-Region 1]


Air Plan Approval; Massachusetts; Infrastructure State 
Implementation Plan Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve most elements of State Implementation Plan (SIP) submissions 
from Massachusetts regarding the infrastructure requirements of the 
Clean Air Act (CAA or Act) for the 1997 ozone, 2008 lead (Pb), 2008 
ozone, 2010 nitrogen dioxide (NO2), and 2010 sulfur dioxide 
(SO2) National Ambient Air Quality Standards (NAAQS). EPA is 
also proposing to conditionally approve three aspects of the 
Commonwealth's submittals. In addition, we are also proposing findings 
of failure to submit pertaining to various aspects of the

[[Page 47134]]

prevention of significant deterioration (PSD) requirements of 
infrastructure SIPs. Lastly, we are proposing to remove 40 CFR 52.1160 
as legally obsolete.
    The infrastructure requirements are designed to ensure that the 
structural components of each state's air quality management program 
are adequate to meet the state's responsibilities under the CAA.

DATES: Comments must be received on or before August 19, 2016.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2014-0720, at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Bob McConnell, Environmental Engineer, 
Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02), 
U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, 
Suite 100, Boston, Massachusetts, 02109-3912; (617) 918-1046; 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. Additionally, the term ``the 
Commonwealth'' refers to the state of Massachusetts.
    This SUPPLEMENTARY INFORMATION section is arranged as follows:

I. What should I consider as I prepare my comments for EPA?
II. What is the background of these SIP submissions?
    A. What Massachusetts SIP submissions does this rulemaking 
address?
    B. Why did the state make these SIP submissions?
    C. What is the scope of this rulemaking?
III. What guidance is EPA using to evaluate these SIP submissions?
IV. What is the result of EPA's review of these SIP submissions?
    A. Section 110(a)(2)(A)--Emission Limits and Other Control 
Measures
    B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data 
System
    C. Section 110(a)(2)(C)--Program for Enforcement of Control 
Measures and for Construction or Modification of Stationary Sources
    i. Sub-Element 1: Enforcement of SIP Measures
    ii. Sub-Element 2: Preconstruction Program for Major Sources and 
Major Modifications
    iii. Sub-Element 3: Preconstruction Permitting for Minor Sources 
and Minor Modifications
    D. Section 110(a)(2)(D)--Interstate Transport
    i. Sub-Element 1: Section 110(a)(2)(D)(i)(I)--Contribute to 
Nonattainment (Prong 1) and Interfere With Maintenance of the NAAQS 
(Prong 2)
    ii. Sub-Element 2: Section 110(a)(2)(D)(i)(II)--PSD (Prong 3)
    iii. Sub-Element 3: Section 110(a)(2)(D)(i)(II)--Visibility 
Protection (Prong 4)
    iv. Sub-Element 4: Section 110(a)(2)(D)(ii)--Interstate 
Pollution Abatement
    v. Sub-Element 5: Section 110(a)(2)(D)(ii)--International 
Pollution Abatement
    E. Section 110(a)(2)(E)--Adequate Resources
    i. Sub-Element 1: Adequate Personnel, Funding, and Legal 
Authority Under State Law To Carry Out Its SIP, and Related Issues
    ii. Sub-Element 2: State Board Requirements Under Section 128 of 
the CAA
    F. Section 110(a)(2)(F)--Stationary Source Monitoring System
    G. Section 110(a)(2)(G)--Emergency Powers
    H. Section 110(a)(2)(H)--Future SIP Revisions
    I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan 
Revisions Under Part D
    J. Section 110(a)(2)(J)--Consultation With Government Officials; 
Public Notifications; PSD; Visibility Protection
    i. Sub-Element 1: Consultation With Government Officials
    ii. Sub-Element 2: Public Notification
    iii. Sub-Element 3: PSD
    iv. Visibility Protection
    K. Section 110(a)(2)(K)--Air Quality Modeling/Data
    L. Section 110(a)(2)(L)--Permitting Fees
    M. Section 110(a)(2)(M)--Consultation/Participation by Affected 
Local Entities
V. What action is EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date, and page number).
    2. Follow directions--EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What is the background of these SIP submissions?

A. What Massachusetts SIP submissions does this rulemaking address?

    This rulemaking addresses submissions from the Massachusetts 
Department of Environmental Protection (MassDEP). The Commonwealth 
submitted its infrastructure State Implementation Plan (ISIP) for the 
1997 ozone NAAQS on December 14, 2007, its ISIP for the 200b Pb NAAQS 
on December 4, 2012, and its ISIPs for the 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS on June 6, 2014.

B. Why did the state make these SIP submissions?

    Under sections 110(a)(1) and (2) of the CAA, states are required to 
submit infrastructure SIPs to ensure that their SIPs provide for 
implementation, maintenance, and enforcement of the NAAQS, including 
the 1997 ozone, 2008 Pb, 2008 ozone, 2010 NO2, and 2010 
SO2 NAAQS. These submissions must contain any revisions 
needed for meeting the applicable SIP requirements of section 
110(a)(2), or certifications that their existing SIPs for the NAAQS 
already meet those requirements.
    EPA highlighted this statutory requirement in an October 2, 2007, 
guidance document entitled ``Guidance

[[Page 47135]]

on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 
8-hour Ozone and PM2.5 (Fine Particle) National Ambient Air 
Quality Standards'' (2007 Memo). On September 25, 2009, EPA issued an 
additional guidance document pertaining to the 2006 PM2.5 
NAAQS entitled ``Guidance on SIP Elements Required Under Sections 
110(a)(1) and (2) for the 2006 24-Hour Fine Particle (PM2.5) 
National Ambient Air Quality Standards (NAAQS)'' (2009 Memo), followed 
by the October 14, 2011, ``Guidance on infrastructure SIP Elements 
Required Under Sections 110(a)(1) and (2) for the 2008 Lead (Pb) 
National Ambient Air Quality Standards (NAAQS)'' (2011 Memo). Most 
recently, EPA issued ``Guidance on Infrastructure State Implementation 
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and (2)'' on 
September 13, 2013 (2013 Memo). The SIP submissions referenced in this 
rulemaking pertain to the applicable requirements of section 110(a)(1) 
and (2) and address the 1997 ozone, 2008 Pb, 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS.

C. What is the scope of this rulemaking?

    EPA is proposing approval of most aspects of the SIP submissions 
from Massachusetts that address the infrastructure requirements of CAA 
sections 110(a)(1) and 110(a)(2) for the 1997 ozone, 2008 Pb, 2008 
ozone, 2010 NO2, and 2010 SO2 NAAQS. 
Additionally, we are proposing approval of a statute submitted by 
Massachusetts that supports the infrastructure SIP submittals, 
proposing conditional approval of certain aspects of the Commonwealth's 
submittals as discussed below, and proposing findings of failure to 
submit for a number of ISIP provisions that pertain to the State's PSD 
program.
    The requirement for states to make a SIP submission of this type 
arises out of CAA sections 110(a)(1) and 110(a)(2). Pursuant to these 
sections, each state must submit a SIP that provides for the 
implementation, maintenance, and enforcement of each primary or 
secondary NAAQS. States must make such SIP submission ``within 3 years 
(or such shorter period as the Administrator may prescribe) after the 
promulgation of'' a new or revised NAAQS. This requirement is triggered 
by the promulgation of a new or revised NAAQS and is not conditioned 
upon EPA's taking any other action. Section 110(a)(2) includes the 
specific elements that ``each such plan'' must address.
    EPA commonly refers to such SIP submissions made for the purpose of 
satisfying the requirements of CAA sections 110(a)(1) and 110(a)(2) as 
``infrastructure SIP'' submissions. Although the term ``infrastructure 
SIP'' does not appear in the CAA, EPA uses the term to distinguish this 
particular type of SIP submission from submissions that are intended to 
satisfy other SIP requirements under the CAA, such as ``nonattainment 
SIP'' or ``attainment plan SIP'' submissions to address the planning 
requirements of part D of title I of the CAA.
    This rulemaking will not cover three substantive areas that are not 
integral to acting on a state's infrastructure SIP submission: (i) 
Existing provisions related to excess emissions during periods of 
start-up, shutdown, or malfunction at sources (``SSM'' emissions) that 
may be contrary to the CAA and EPA's policies addressing such excess 
emissions; (ii) existing provisions related to ``director's variance'' 
or ``director's discretion'' that purport to permit revisions to SIP-
approved emissions limits with limited public process or without 
requiring further approval by EPA, that may be contrary to the CAA 
(``director's discretion''); and, (iii) existing provisions for PSD 
programs that may be inconsistent with current requirements of EPA's 
``Final New Source Review (NSR) Improvement Rule,'' 67 FR 80186 
(December 31, 2002), as amended by 72 FR 32526 (June 13, 2007) (``NSR 
Reform''). Instead, EPA has the authority to address each one of these 
substantive areas separately. A detailed history, interpretation, and 
rationale for EPA's approach to infrastructure SIP requirements can be 
found in EPA's May 13, 2014, proposed rule entitled, ``Infrastructure 
SIP Requirements for the 2008 Lead NAAQS'' in the section, ``What is 
the scope of this rulemaking?'' (See 79 FR 27241; May 13, 2014).

III. What guidance is EPA using to evaluate these SIP submissions?

    EPA reviews each infrastructure SIP submission for compliance with 
the applicable statutory provisions of section 110(a)(2), as 
appropriate. Historically, EPA has elected to use non-binding guidance 
documents to make recommendations for states' development and EPA 
review of infrastructure SIPs, in some cases conveying needed 
interpretations on newly arising issues and in some cases conveying 
interpretations that have already been developed and applied to 
individual SIP submissions for particular elements. EPA guidance 
applicable to these infrastructure SIP submissions is embodied in 
several documents. Specifically, attachment A of the 2007 Memo 
(Required Section 110 SIP Elements) identifies the statutory elements 
that states need to submit in order to satisfy the requirements for an 
infrastructure SIP submission. The 2009 Memo provides additional 
guidance for certain elements regarding the 2006 PM2.5 
NAAQS, and the 2011 Memo provides guidance specific to the 2008 Pb 
NAAQS. Lastly, the 2013 Memo identifies and further clarifies aspects 
of infrastructure SIPs that are not NAAQS specific.

IV. What is the result of EPA's review of these SIP submissions?

    Pursuant to section 110(a), and as noted in the 2011 Memo and the 
2013 Memo, states must provide reasonable notice and opportunity for 
public hearing for all infrastructure SIP submissions. MassDEP held a 
public hearing on the ISIP for the 2008 Pb NAAQS on June 12, 2012, and 
held a public hearing on the ISIPs for the 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS on September 6, 2013.
    EPA is soliciting comment on our evaluation of the state's 
infrastructure SIP submissions in this notice of proposed rulemaking. 
Massachusetts provided detailed synopses of how various components of 
its SIP meet each of the requirements in section 110(a)(2) for the 1997 
ozone, 2008 Pb, 2008 ozone, 2010 NO2, and 2010 
SO2 NAAQS, as applicable. The following review evaluates the 
state's submissions in light of section 110(a)(2) requirements and 
relevant EPA guidance.

A. Section 110(a)(2)(A)--Emission Limits and Other Control Measures

    This section requires SIPs to include enforceable emission limits 
and other control measures, means or techniques, schedules for 
compliance, and other related matters. However, EPA has long 
interpreted emission limits and control measures for attaining the 
standards as being due when nonattainment planning requirements are 
due.\1\ In the context of an infrastructure SIP, EPA is not evaluating 
the existing SIP provisions for this purpose. Instead, EPA is only 
evaluating whether the state's SIP has basic structural provisions for 
the implementation of the NAAQS.
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    \1\ See, e.g., EPA's final rule on ``National Ambient Air 
Quality Standards for Lead.'' 73 FR 66964, 67034 (Nov. 12, 2008).
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    Massachusetts General Law (M.G.L.) c.21A, Sec.  8, Executive Office 
of Energy and Environmental Affairs Organization of Departments; 
powers, duties and functions, creates and sets forth the

[[Page 47136]]

powers and duties of the Department of Environmental Protection 
(MassDEP) within the Executive Office of Energy and Environmental 
Affairs. In addition, M.G.L. c.111, Sec. Sec.  142A through 142N, 
which, collectively, are referred to as the Massachusetts Pollution 
Control Laws, provide MassDEP with broad authority to prevent pollution 
or contamination of the atmosphere and to prescribe and establish 
appropriate regulations. Furthermore, M.G.L. c.21A, Sec.  18, Permit 
applications and compliance assurance fees; timeline action schedules; 
regulations, authorizes MassDEP to establish fees applicable to the 
regulatory programs it administers.
    MassDEP has adopted numerous regulations within the Code of 
Massachusetts Regulations (CMR) in furtherance of the objectives set 
out by these statutes, including 310 CMR 4.00: Timely Action & Fee 
Schedule Regulations, 310 CMR 6.00, Ambient Air Quality Standards for 
the Commonwealth of Massachusetts, and 310 CMR 7.00: Air Pollution 
Control Regulations. For example, many SIP-approved State air quality 
regulations within 310 CMR 7.00 provide enforceable emission 
limitations and other control measures, means or techniques, schedules 
for compliance, and other related matters that satisfy the requirements 
of the CAA section 110(a)(2)(A) for the 1997 ozone, 2008 Pb, 2008 
ozone, 2010 NO2, and 2010 SO2 NAAQS, including 
but not limited to 7.18, Volatile and Halogenated Organic Compounds, 
7.19, Reasonably Available Control Technology (RACT) for Sources of 
NOX, and 7.29, Emission Standards for Power Plants.
    We note, however, that we are conditionally approving this element 
because the SIP-approved version of 310 CMR 7.00 uses the term 
``National Ambient Air Quality Standards (NAAQS),'' but does not 
contain a definition for this term. Therefore, there is uncertainty as 
to which versions of the NAAQS the term incorporates. By letter dated 
June 14, 2016, Massachusetts committed to submitting for inclusion in 
the SIP, by a date no later than one year from conditional approval of 
Massachusetts' infrastructure submissions, a definition for NAAQS in 
310 CMR 7.00 that would reflect the current versions of the various 
NAAQS we are proposing to act on in this rulemaking.
    In recognition of the above, EPA proposes that Massachusetts has 
met the infrastructure SIP requirements of section 110(a)(2)(A) with 
respect to the 1997 ozone, 2008 Pb, 2008 ozone, 2010 NO2, 
and 2010 SO2 NAAQS, with the exception of the issue related 
to a definition of NAAQS in 310 CMR 7.00, for which we are proposing a 
conditional approval.
    In addition to the above, we are proposing to remove as legally 
obsolete 40 CFR 52.1160, which was promulgated on January 24, 1995 (60 
FR 4737). Section 52.1160 provides that ``Massachusetts' adopted LEV 
[Low Emission Vehicle] program must be revised to the extent necessary 
for the state to comply with all aspects of the requirements of 40 CFR 
51.120,'' a provision that was promulgated in the same action (60 FR 
4736) and that required certain states to adopt the Ozone Transport 
Commission (OTC) LEV program or equivalent measures. (The OTC LEV 
program is based on California's LEV program and requires that only 
cleaner ``LEV'' cars be sold in the states in which it has been 
adopted). On March 11, 1997, however, the U.S. Court of Appeals for the 
District of Columbia Circuit vacated the provisions of 40 CFR 52.120. 
See Virginia v. EPA, 108 F.3d 1397. Nonetheless, the Commonwealth has 
adopted a Low Emission Vehicle Program based on California's LEV 
program (310 CMR 7.40), the latest version of which was approved into 
the SIP on December 23, 2002 (67 FR 78181). Because of the vacatur, EPA 
concludes that 40 CFR 52.1160 is obsolete and proposes to remove it 
from the CFR.
    As previously noted, EPA is not proposing to approve or disapprove 
any existing state provisions or rules related to SSM or director's 
discretion in the context of section 110(a)(2)(A).

B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data System

    This section requires SIPs to include provisions to provide for 
establishing and operating ambient air quality monitors, collecting and 
analyzing ambient air quality data, and making these data available to 
EPA upon request. Each year, states submit annual air monitoring 
network plans to EPA for review and approval. EPA's review of these 
annual monitoring plans includes our evaluation of whether the state: 
(i) Monitors air quality at appropriate locations throughout the state 
using EPA-approved Federal Reference Methods or Federal Equivalent 
Method monitors; (ii) submits data to EPA's Air Quality System (AQS) in 
a timely manner; and, (iii) provides EPA Regional Offices with prior 
notification of any planned changes to monitoring sites or the network 
plan.
    Under MGL c.111, Sec. Sec.  142B to 142D, MassDEP operates an air 
monitoring network. EPA approved the state's most recent Annual Air 
Monitoring Network Plan for Pb, ozone, NO2, and 
SO2 on November 13, 2015. Furthermore, MassDEP populates AQS 
with air quality monitoring data in a timely manner, and provides EPA 
with prior notification when considering a change to its monitoring 
network or plan. EPA proposes that MassDEP has met the infrastructure 
SIP requirements of section 110(a)(2)(B) with respect to the 1997 
ozone, 2008 Pb, 2008 ozone, 2010 NO2, and 2010 
SO2 NAAQS.

C. Section 110(a)(2)(C)--Program for Enforcement of Control Measures 
and for Construction or Modification of Stationary Sources

    States are required to include a program providing for enforcement 
of all SIP measures and the regulation of construction of new or 
modified stationary sources to meet NSR requirements under PSD and 
nonattainment new source review (NNSR) programs. Part C of the CAA 
(sections 160-169B) addresses PSD, while part D of the CAA (sections 
171-193) addresses NNSR requirements.
    The evaluation of each state's submission addressing the 
infrastructure SIP requirements of section 110(a)(2)(C) covers the 
following: (i) Enforcement of SIP measures; (ii) PSD program for major 
sources and major modifications; and, (iii) permitting program for 
minor sources and minor modifications. A discussion of greenhouse gas 
(GHG) permitting and the ``Tailoring Rule'' \2\ is included within our 
evaluation of the PSD provisions of the Commonwealth's submittals.
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    \2\ In EPA's April 28, 2011 proposed rulemaking for several 
states' infrastructure SIPs for the 1997 ozone and PM2.5 
NAAQS, we stated that each state's PSD program must meet applicable 
requirements for evaluation of all regulated NSR pollutants in PSD 
permits (See 76 FR 23757 at 23760). This view was reiterated in 
EPA's August 2, 2012 proposed rulemaking for several infrastructure 
SIPs for the 2006 PM2.5 NAAQS (See 77 FR 45992 at 45998). 
In other words, if a state lacks provisions needed to adequately 
address Pb, NOX as a precursor to ozone, PM2.5 
precursors, PM2.5 and PM10 condensables, 
PM2.5 increments, or the Federal GHG permitting 
thresholds, the provisions of section 110(a)(2)(C) requiring a 
suitable PSD permitting program must be considered not to be met 
irrespective of the NAAQS that triggered the requirement to submit 
an infrastructure SIP, including the 2008 Pb NAAQS.
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i. Sub-Element 1: Enforcement of SIP Measures
    MassDEP staffs and implements an enforcement program pursuant to 
authorities provided within the following laws: M.G.L. c.111, Sec.  2C, 
Pollution violations; orders of department of environmental protection, 
which authorizes MassDEP

[[Page 47137]]

to issue orders enforcing pollution control regulations generally; 
M.G.L. c.111, Sec. Sec.  142A through 142O, Massachusetts Pollution 
Control Laws, which, among other things, more specifically authorize 
MassDEP to adopt regulations to control air pollution, enforce such 
regulations, and issue penalties for non-compliance; and, M.G.L. c.21A, 
Sec.  16, Civil Administrative Penalties, which provides additional 
authorizations for MassDEP to assess penalties for failure to comply 
with the Commonwealth's air pollution control laws and regulations. 
Moreover, SIP-approved regulations, such as 310 CMR 7.02(12)(e) and 
(f), provide a program for the enforcement of SIP measures. 
Accordingly, EPA proposes that Massachusetts has met this requirement 
of section 110(a)(2)(C) with respect to the 1997 ozone, 2008 Pb, 2008 
ozone, 2010 NO2, and 2010 SO2 NAAQS.
ii. Sub-Element 2: Preconstruction Program for Major Sources and Major 
Modifications
    Sub-element 2 of section 110(a)(2)(C) requires that states provide 
for the regulation of modification and construction of any stationary 
source as necessary to assure that the NAAQS are achieved, including a 
program to meet PSD and NNSR requirements. PSD applies to new major 
sources or modifications made to major sources for pollutants where the 
area in which the source is located is in attainment of, or 
unclassifiable with regard to, the relevant NAAQS, and NNSR requires 
similar actions in nonattainment areas.
    Massachusetts does not have an approved state PSD program and has 
made no submittals addressing the PSD sub-element of section 
110(a)(2)(C). The Commonwealth has long been subject to a Federal 
Implementation Plan (FIP), however, and has implemented and enforced 
the federal PSD program through a delegation agreement. See 76 FR 
31241; May 31, 2011. Accordingly, EPA is proposing a finding of failure 
to submit with respect to the PSD-related requirements of this sub-
element for the 2010 NO2 and 2010 SO2 NAAQS.\3\ 
See CAA section 110(c)(1). This finding, however, does not trigger any 
additional FIP obligation by the EPA under section 110(c)(1), because 
the deficiency is addressed by the FIP already in place. Moreover the 
state is not subject to mandatory sanctions solely as a result of this 
finding, because the SIP submittal deficiencies are neither with 
respect to a sub-element that is required under part D nor in response 
to a SIP call under section 110(k)(5) of the Act.
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    \3\ EPA has previously issued findings of failure to submit 
infrastructure SIPs addressing the PSD-related requirements of 
section 110(a)(2) for the 1997 ozone NAAQS, 73 FR 16205 (Mar. 27, 
2008), the 2008 ozone NAAQS, 78 FR 2882 (Jan. 15, 2013), and the 
2008 Pb NAAQS, 78 FR 12961 (Feb. 26, 2013), and Massachusetts has 
made no additional submissions to address the PSD-related 
requirements for these NAAQS since those previous findings.
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iii. Sub-Element 3: Preconstruction Permitting for Minor Sources and 
Minor Modifications
    To address the pre-construction regulation of the modification and 
construction of minor stationary sources and minor modifications of 
major stationary sources, an infrastructure SIP submission should 
identify the existing EPA-approved SIP provisions and/or include new 
provisions that govern the minor source pre-construction program that 
regulates emissions of the relevant NAAQS pollutants. EPA's most recent 
approval of the Commonwealth's minor NSR program occurred on April 5, 
1995 (60 FR 17226). Since this date, Massachusetts and EPA have relied 
on the existing minor NSR program to ensure that new and modified 
sources not captured by the major NSR permitting programs do not 
interfere with attainment and maintenance of the 1997 ozone, 2008 Pb, 
2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.
    In summary, we are proposing to find that Massachusetts has met the 
enforcement related aspects of Section 110(a)(2)(C) discussed above 
within sub-element 1, and the preconstruction permitting requirements 
for minor sources discussed in sub-element 3, for the 1997 ozone, 2008 
Pb, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS. 
Also, we are proposing, pursuant to section 110(c)(1), to find that the 
state has failed to make required submissions related to major source 
preconstruction permitting for the 2010 NO2 and 2010 
SO2 NAAQS for the reasons provided in sub-element 2 above.

D. Section 110(a)(2)(D)--Interstate Transport

    This section contains a comprehensive set of air quality management 
elements pertaining to the transport of air pollution that states must 
address. It covers the following 5 topics, categorized as sub-elements: 
Sub-element 1, Contribute to nonattainment, and interfere with 
maintenance of a NAAQS; Sub-element 2, PSD; Sub-element 3, Visibility 
protection; Sub-element 4, Interstate pollution abatement; and Sub-
element 5, International pollution abatement. Sub-elements 1 through 3 
above are found under section 110(a)(2)(D)(i) of the Act, and these 
items are further categorized into the 4 prongs discussed below, 2 of 
which are found within sub-element 1. Sub-elements 4 and 5 are found 
under section 110(a)(2)(D)(ii) of the Act and include provisions 
insuring compliance with sections 115 and 126 of the Act relating to 
interstate and international pollution abatement.
i. Sub-Element 1: Section 110(a)(2)(D)(i)(I)--Contribute to 
Nonattainment (Prong 1) and Interfere With Maintenance of the NAAQS 
(Prong 2)
    With respect to the 2008 Pb NAAQS, the 2011 Memo notes that the 
physical properties of Pb prevent it from experiencing the same travel 
or formation phenomena as PM2.5 or ozone. Specifically, 
there is a sharp decrease in Pb concentrations as the distance from a 
Pb source increases. Accordingly, although it may be possible for a 
source in a state to emit Pb at a location and in such quantities that 
contribute significantly to nonattainment in, or interfere with 
maintenance by, any other state, EPA anticipates that this would be a 
rare situation (e.g., sources emitting large quantities of Pb in close 
proximity to state boundaries). The 2011 Memo suggests that the 
applicable interstate transport requirements of section 
110(a)(2)(D)(i)(I) with respect to Pb can be met through a state's 
assessment as to whether or not emissions from Pb sources located in 
close proximity to its borders have emissions that impact a neighboring 
state such that they contribute significantly to nonattainment or 
interfere with maintenance in that state.
    Massachusetts' infrastructure SIP submission for the 2008 Pb NAAQS 
notes that there are no major sources of Pb emissions located in close 
proximity to any of the state's borders with neighboring states, or 
elsewhere in the state. Our review of data within our National 
Emissions Inventory (NEI) database confirms this, and also indicates 
that there is no group of sources anywhere within the state likely to 
emit enough Pb to cause ambient concentrations to approach the Pb 
NAAQS. Therefore, we propose that Massachusetts has met this set of 
requirements related to section 110(a)(2)(D)(i)(I) for the 2008 Pb 
NAAQS.
    Massachusetts' infrastructure SIP submission for the 2010 
NO2 NAAQS notes that Massachusetts sources do not contribute 
to non-attainment or maintenance in other states, given that all 
surrounding states are designated as ``unclassifiable/attainment.'' 
This statement is accurate, and indeed there are no NO2 
nonattainment areas

[[Page 47138]]

anywhere in the United States. 77 FR 9532 (Feb. 17, 2012). We examined 
the design values from NO2 monitors in Massachusetts and 
neighboring states based on data collected between 2012 and 2014. In 
Massachusetts, the highest design value was 49 parts per billion 
(ppb)(versus the NO2 standard of 100 ppb) at a monitor in 
Boston. The highest design value we found in a neighboring state was 58 
ppb in Queens, NY. We believe that with the continued implementation of 
Massachusetts PSD FIP, and the Commonwealth's NSR regulations, the 
state's low monitored values of NO2 will continue. In other 
words, the NO2 emissions from Massachusetts are not expected 
to cause or contribute to a violation of the 2010 NO2 NAAQS 
in another state, and these emissions are not likely to interfere with 
the maintenance of the 2010 NO2 NAAQS in another state. 
Therefore, we propose that Massachusetts has met this set of 
requirements related to section 110(a)(2)(D)(i)(I) for the 2010 
NO2 NAAQS.
    In today's rulemaking, we are not proposing to approve or 
disapprove Massachusetts' compliance with section 110(a)(2)(D)(i)(I) 
with respect to the 1997 ozone, 2008 ozone, or 2010 SO2 
NAAQS, since the Commonwealth's SIP revisions upon which we are acting 
today do not include a submittal with respect to transport for sub-
element 1, prongs 1 and 2 for these pollutants. Effective August 12, 
2015, EPA found that Massachusetts, among a number of other states, had 
not made a complete good neighbor SIP submittal for the 2008 ozone 
NAAQS to meet the requirements of section 110(a)(2)(D)(i)(I). See 80 FR 
39961 (July 13, 2015).
ii. Sub-Element 2: Section 110(a)(2)(D)(i)(II)--PSD (Prong 3)
    One aspect of section 110(a)(2)(D)(i)(II) requires SIPs to include 
provisions prohibiting any source or other type of emissions activity 
in one state from interfering with measures required to prevent 
significant deterioration of air quality in another state. A state's 
infrastructure SIP submittal cannot be considered approvable for prong 
3 unless EPA has issued final approval of the state's PSD SIP, or 
alternatively, has issued final approval of a SIP that EPA has 
otherwise found adequate to prohibit interference with other states' 
measures to prevent significant deterioration of air quality.
    As discussed under element C above, Massachusetts is currently 
subject to a PSD FIP. Therefore, we are proposing a finding of failure 
to submit for prong 3 of 110(a)(2)(D)(i)(II) with respect to the PSD 
requirement, in the same manner as discussed under element C above. 
However, this finding will not trigger any sanctions or additional FIP 
obligation.
    Under prong 3 of 110(a)(2)(D)(i)(II), EPA also reviews the 
potential for in-state sources not subject to PSD to interfere with PSD 
in an attainment or unclassifiable area of another state. EPA guidance 
recommends that a ``fully approved nonattainment [new source review 
(NNSR)] program with respect to any previous NAAQS may generally be 
considered by the EPA as adequate for purposes of meeting this 
requirement of prong 3 with respect to sources and pollutants subject 
to such program.'' 2013 Guidance at 32. EPA last approved the 
Commonwealth's NNSR program on October 27, 2000. 65 FR 64360. Because 
Massachusetts is located within the Ozone Transport Region, see CAA 
Sec.  184(a), 42 U.S.C. 7511c(a), sources emitting 50 tpy or more of 
NOX or VOCs are subject to the requirements that would be 
applicable to major stationary sources if the area were classified as a 
moderate nonattainment area, CAA Sec. Sec.  182(f)(1), 184(b)(2), 42 
U.S.C. 7511a, 7511c. In other words, even if located in an area 
designated attainment for ozone, such sources are not subject to PSD, 
but rather, are to be subject to NNSR. Massachusetts' SIP-approved NNSR 
regulations, however, apply by their terms only to nonattainment 
areas,\4\ meaning that sources of 50 tpy or more of VOCs or 
NOX in much of Massachusetts are not covered by either the 
PSD FIP or the state's EPA-approved NNSR program and, thus, the state 
has not shown that it has met this requirement of prong 3. The 
Commonwealth has promulgated and implements NNSR regulations, however, 
that make the state's NNSR program applicable to such sources 
regardless of area designation. In a letter dated June 14, 2016, the 
Commonwealth committed to submitting for inclusion in the SIP, by a 
date no later than one year from conditional approval of Massachusetts' 
infrastructure submissions, the necessary provisions that would make 
its EPA-approved NSSR program applicable to such sources. Accordingly, 
we propose to conditionally approve Massachusetts' submittals for the 
1997 ozone, 2008 Pb, 2008 ozone, 2010 NO2, and 2010 
SO2 NAAQS for this aspect of prong 3.
---------------------------------------------------------------------------

    \4\ At the time EPA last approved Massachusetts' NNSR 
regulations (October 27, 2000; 65 FR at 64361), the Western 
Massachusetts area was nonattainment for the one-hour ozone 
standard, and the Eastern Massachusetts area was attaining the 
standard, but destined to become nonattainment as of January 16, 
2001, upon EPA's reinstatement of the one-hour ozone NAAQS for that 
area.
---------------------------------------------------------------------------

iii. Sub-Element 3: Section 110(a)(2)(D)(i)(II)--Visibility Protection 
(Prong 4)
    With regard to the applicable requirements for visibility 
protection of section 110(a)(2)(D)(i)(II), states are subject to 
visibility and regional haze program requirements under part C of the 
CAA (which includes sections 169A and 169B). The 2009 Memo, the 2011 
Memo, and 2013 Memo state that these requirements can be satisfied by 
an approved SIP addressing reasonably attributable visibility 
impairment, if required, or an approved SIP addressing regional haze.
    The Commonwealth's Regional Haze SIP was approved by EPA on 
September 13, 2013. See 78 FR 57487. Accordingly, EPA proposes that 
Massachusetts has met the visibility protection requirements of 
110(a)(2)(D)(i)(II) for the 1997 ozone, 2008 Pb, 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS.
iv. Sub-Element 4: Section 110(a)(2)(D)(ii)--Interstate Pollution 
Abatement
    One aspect of section 110(a)(2)(D)(ii) requires each SIP to contain 
adequate provisions requiring compliance with the applicable 
requirements of section 126 relating to interstate pollution abatement. 
Section 126(a) requires new or modified sources to notify neighboring 
states of potential impacts from the source. The statute does not 
specify the method by which the source should provide the notification. 
As mentioned elsewhere in this notice, Massachusetts is currently 
subject to a PSD FIP and it did not make submittals addressing the PSD-
related requirements of section 126(a). Therefore, we are proposing to 
make a finding of failure to submit for section 110(a)(2)(D)(ii) 
regarding PSD-related notice of interstate pollution with respect to 
the 2010 NO2 and 2010 SO2 NAAQS.\5\ This finding 
does not trigger any additional FIP obligation by the EPA under section 
110(c)(1), because the federal PSD rules address the notification 
issue. See 40 CFR 52.21(q), 124.10(c)(vii); see also id. Sec.  52.1165. 
Nor does the finding trigger any sanctions. Massachusetts has no 
obligations under any other provision of section 126.
---------------------------------------------------------------------------

    \5\ As discussed earlier, supra n.3, EPA has previously issued 
findings of failure to submit for Massachusetts for the PSD-related 
requirements of 110(a)(2)(D)(ii) for the 1997 ozone, 2008 ozone, and 
2008 Pb NAAQS.

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[[Page 47139]]

v. Sub-Element 5: Section 110(a)(2)(D)(ii)--International Pollution 
Abatement
    One portion of section 110(a)(2)(D)(ii) requires each SIP to 
contain adequate provisions requiring compliance with the applicable 
requirements of section 115 relating to international pollution 
abatement. Massachusetts does not have any pending obligations under 
section 115 for the 1997 ozone, 2008 Pb, 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS. Therefore, EPA is 
proposing that the Commonwealth has met the applicable infrastructure 
SIP requirements of section 110(a)(2)(D)(ii) related to section 115 of 
the CAA (international pollution abatement) for the 1997 ozone, 2008 
Pb, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

E. Section 110(a)(2)(E)--Adequate Resources

    This section requires each state to provide for adequate personnel, 
funding, and legal authority under state law to carry out its SIP, and 
related issues. Additionally, section 110(a)(2)(E)(ii) requires each 
state to comply with the requirements with respect to state boards 
under section 128. Finally, section 110(a)(2)(E)(iii) requires that, 
where a state relies upon local or regional governments or agencies for 
the implementation of its SIP provisions, the state retain 
responsibility for ensuring adequate implementation of SIP obligations 
with respect to relevant NAAQS. This last sub-element, however, is 
inapplicable to this action, because Massachusetts does not rely upon 
local or regional governments or agencies for the implementation of its 
SIP provisions.
Sub-Element 1: Adequate Personnel, Funding, and Legal Authority Under 
State Law To Carry Out Its SIP, and Related Issues
    Massachusetts, through its infrastructure SIP submittals, has 
documented that its air agency has the requisite authority and 
resources to carry out its SIP obligations. Massachusetts General Laws 
c. 111, sections 142A to 142N, provide MassDEP with the authority to 
carry out the state's implementation plan. The Massachusetts SIP, as 
originally submitted in 1971 and subsequently amended, provides 
descriptions of the staffing and funding necessary to carry out the 
plan. In the submittals, MassDEP provides assurances that it has 
adequate personnel and funding to carry out the SIP during the five 
years following infrastructure SIP submission and in future years. 
Additionally, the Commonwealth receives CAA section 103 and 105 grant 
funds through Performance Partnership agreements and provides state 
matching funds, which together enable Massachusetts to carry out its 
SIP requirements. In light of the foregoing, EPA proposes that 
Massachusetts has met the infrastructure SIP requirements of this 
portion of section 110(a)(2)(E) with respect to the 1997 ozone, 2008 
Pb, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.
Sub-Element 2: State Board Requirements Under Section 128 of the CAA
    Section 110(a)(2)(E) also requires each SIP to contain provisions 
that comply with the state board requirements of section 128(a) of the 
CAA. That provision contains two explicit requirements: (1) That any 
board or body which approves permits or enforcement orders under this 
chapter shall have at least a majority of members who represent the 
public interest and do not derive any significant portion of their 
income from persons subject to permits and enforcement orders under 
this chapter, and (2) that any potential conflicts of interest by 
members of such board or body or the head of an executive agency with 
similar powers be adequately disclosed.
    Massachusetts does not have a state board that approves permits or 
enforcement orders under the CAA. Instead, permits and enforcement 
orders are approved by the Commissioner of MassDEP. Thus, Massachusetts 
is not subject to the requirements of paragraph (a)(1) of section 128. 
As to the conflict of interest provisions of section 128(a)(2), 
Massachusetts has cited to M.G.L. c. 268A, sections 6 and 6A of the 
Commonwealth's Conflict of Interest law in its June 6, 2014 
infrastructure SIP submittal for the 2008 ozone, 2010 NO2, 
and 2010 SO2 NAAQS and requested that these sections be 
included in the SIP to satisfy this infrastructure SIP requirement.\6\ 
Pursuant to these state provisions, state employees in Massachusetts, 
including the head of an executive agency with authority to approve air 
permits or enforcement orders, are required to disclose potential 
conflicts of interest to, among others, the state ethics commission. We 
are proposing to find that M.G.L. c. 268A, sections 6 and 6A satisfy 
the requirements of section 110(a)(2)(E)(ii) of the Clean Air Act, to 
approve them into the Massachusetts SIP, and, consequently, to approve 
the Commonwealth's ISIP submittals for section 110(a)(2)(E)(ii) for the 
1997 ozone, 2008 Pb, 2008 ozone, 2010 NO2, and 2010 
SO2 NAAQS.
---------------------------------------------------------------------------

    \6\ In its June 6, 2014 submittal, Massachusetts also requested 
that M.G.L. c. 268A, section 7 be added to the SIP. By letter dated 
June 14, 2016, however, Massachusetts withdrew section 7 from 
consideration for inclusion in the SIP. Section 7 contains state-
specific penalties that are not needed to satisfy CAA section 
110(a)(2)(E)(ii).
---------------------------------------------------------------------------

F. Section 110(a)(2)(F)--Stationary Source Monitoring System

    States must establish a system to monitor emissions from stationary 
sources and submit periodic emissions reports. Each plan shall also 
require the installation, maintenance, and replacement of equipment, 
and the implementation of other necessary steps, by owners or operators 
of stationary sources to monitor emissions from such sources. The state 
plan shall also require periodic reports on the nature and amounts of 
emissions and emissions-related data from such sources, and correlation 
of such reports by each state agency with any emission limitations or 
standards established pursuant to this chapter. Lastly, the reports 
shall be available at reasonable times for public inspection.
    Pursuant to M.G.L. c.111, sections 142A to 142D, MassDEP has the 
necessary authority to maintain and operate air monitoring stations, 
and coordinates with EPA in determining the types and locations of 
ambient air monitors across the state. The Commonwealth uses this 
authority to collect information on air emissions from sources in the 
state. Additionally, Massachusetts statutes and regulations provide 
that emissions data shall be available for public inspection. See, 
e.g., M.G.L. c.111, section 142B; 310 CMR sections 3.33(5), 7.12(4)(b); 
7.14(1). The following SIP-approved regulations enable the 
accomplishment of the Commonwealth's emissions recording and reporting 
objectives:
    1. 310 CMR 7.12, Source Registration.
    2. 310 CMR 7.13, Stack Testing.
    3. 310 CMR 7.14, Monitoring Devices and Reports.
    EPA recognizes that Massachusetts routinely collects information on 
air emissions from its industrial sources and makes this information 
available to the public. EPA, therefore, proposes that the Commonwealth 
has met the infrastructure SIP requirements of section 110(a)(2)(F) 
with respect to the 1997 ozone, 2008 Pb, 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS.

G. Section 110(a)(2)(G)--Emergency Powers

    This section requires that a plan provide for authority that is 
analogous to what is provided in section 303 of the

[[Page 47140]]

CAA, and adequate contingency plans to implement such authority. 
Section 303 of the CAA provides authority to the EPA Administrator to 
seek a court order to restrain any source from causing or contributing 
to emissions that present an ``imminent and substantial endangerment to 
public health or welfare, or the environment.'' Section 303 further 
authorizes the Administrator to issue ``such orders as may be necessary 
to protect public health or welfare or the environment'' in the event 
that ``it is not practicable to assure prompt protection . . . by 
commencement of such civil action.''
    We propose to find that the Commonwealth's ISIP submittals 
demonstrate that certain state statutes and regulations provide for 
authority comparable to that in section 303. Massachusetts' submittals 
cite M.G.L. c.111, section 2B, Air Pollution Emergencies, which 
authorizes the Commissioner of the MassDEP to ``declare an air 
pollution emergency'' if the Commissioner ``determines that the 
condition or impending condition of the atmosphere in the Commonwealth 
. . . constitutes a present or reasonably imminent danger to health.'' 
During such an air pollution emergency, the Commissioner is authorized 
pursuant to section 2B, to ``take whatever action is necessary to 
maintain and protect the public health, including but not limited to . 
. . prohibiting, restricting and conditioning emissions of dangerous or 
potentially dangerous air contaminants from whatever source derived . . 
. .'' Additionally, sections 2B and 2C authorize the Commissioner to 
issue emergency orders.
    Moreover, M.G.L. c. 21A, section 8 provides that, ``[i]n regulating 
. . . any pollution prevention, control or abatement plan [or] strategy 
. . . through any . . . departmental action affecting or prohibiting 
the emission . . . of any hazardous substance to the environment . . . 
the department may consider the potential effects of such plans [and] 
strategies . . . on public health and safety and the environment . . . 
and said department shall act to minimize and prevent damage or threat 
of damage to the environment.''
    These duties are implemented, in part, under MassDEP regulations at 
310 CMR 8.00, Prevention and Abatement of Air Pollution Episodes and 
Air Pollution Incident Emergencies, which EPA most recently approved 
into the SIP on October 4, 2002. See 67 FR 62184. These regulations 
establish levels that would constitute significant harm or imminent and 
substantial endangerment to health for ambient concentrations of 
pollutants subject to a NAAQS, consistent with the significant harm 
levels and procedures for state emergency episode plans established by 
EPA in 40 CFR 51.150 and 51.151.\7\ Finally, M.G.L. c.111, section 2B 
authorizes the state to seek injunctive relief in the superior court 
for violation of an emergency order issued by the MassDEP Commissioner. 
While no single Massachusetts statute or regulation mirrors the 
authorities of CAA section 303, we propose to find that the combination 
of state statutes and regulations discussed herein provide for 
comparable authority to immediately bring suit to restrain, and issue 
orders against, any person causing or contributing to air pollution 
that presents an imminent and substantial endangerment to public health 
or welfare, or the environment.\8\
---------------------------------------------------------------------------

    \7\ The Commonwealth's Contaminant Concentration Levels are 
found within Table 1 of 310 CMR 8.01, and match EPA's levels from 40 
CFR part 51.151 with the exception of the averaging time used for 
ozone. Massachusetts uses a 1-hour averaging time, which is slightly 
more protective that the 2-hour averaging time EPA provides for this 
pollutant.
    \8\ By letter dated June 14, 2016, MassDEP stated that it 
likewise interprets M.G.L. c.111, section 2B and M.G.L. c. 21A, 
section 8 as together providing MassDEP with authority comparable to 
that granted to the Administrator by CAA section 303.
---------------------------------------------------------------------------

    Section 110(a)(2)(G) also requires that, for any NAAQS, States have 
an approved contingency plan for any Air Quality Control Region (AQCR) 
within the state that is classified as Priority I, IA, or II. See 40 
CFR 51.152(c). A contingency plan is not required if the entire state 
is classified as Priority III for a particular pollutant. Id. The 
entire state is classified as Priority III for nitrogen dioxide, but 
contains priority classifications of I or II for particulate matter, 
sulfur oxides, carbon monoxide, and ozone. See 40 CFR 52.1121. 
Consequently, as relevant to this proposed rulemaking action, 
Massachusetts' SIP must contain an emergency contingency plan meeting 
the specific requirements of 40 CFR 51.151 and 51.152 with respect to 
SO2 and ozone.\9\
---------------------------------------------------------------------------

    \9\ Those regulations do not specifically address Pb. See also 
40 CFR 51.150.
---------------------------------------------------------------------------

    Although Massachusetts has adopted 310 CMR 8.00, The Prevention 
and/or Abatement of Air Pollution Episode and Air Pollution Incident 
Emergencies, which is modeled on EPA's example regulations for 
emergency contingency plans at 40 CFR part 51, appendix L, the version 
of the regulation that is currently in the SIP does not fully satisfy 
40 CFR 51.152. For instance, it does not specify any ``emission control 
actions to be taken at each episode stage,'' as required by 40 CFR 
51.152(a)(3). By letter dated June 14, 2016, MassDEP has committed to 
submitting for inclusion in the SIP, by a date no later than one year 
from conditional approval of Massachusetts' infrastructure submissions, 
a regulation satisfying the contingency plan requirements of element G.
    With respect to Pb, we note that Pb is not explicitly included in 
the contingency plan requirements of subpart H. In addition, we note 
that there are no large sources of Pb in Massachusetts. Specifically, a 
review of the National Emission Inventory shows that there are no 
sources of Pb in Massachusetts that exceed EPA's reporting threshold of 
0.5 tons per year. Although not expected, if that situation were to 
change, Massachusetts does have general authority (e.g., M.G.L. c. 21A, 
section 8 and c. 111, section 2B) to restrain any source from causing 
imminent and substantial endangerment.
    Consequently, EPA proposes that Massachusetts has met the 
applicable infrastructure SIP requirements of section 110(a)(2)(G) with 
respect to the 2008 Pb NAAQS. Furthermore, because all AQCRs in the 
state are classified as Priority III for NO2, EPA also 
proposes that the Commonwealth has met the applicable requirements of 
section 110(a)(2)(G) for the 2010 NO2 NAAQS. For the 1997 
ozone, 2008 ozone, and 2010 SO2 NAAQS, EPA proposes to 
approve Massachusetts' submittals with respect to the CAA section 303 
comparable authority requirement of element G, but to conditionally 
approve with respect to the contingency plan requirements of element G, 
based on MassDEP's commitment to submit a regulation satisfying such 
requirements within one year of final action on the infrastructure 
submissions EPA is evaluating in this notice.

H. Section 110(a)(2)(H)--Future SIP Revisions

    This section requires that a state's SIP provide for revision from 
time to time as may be necessary to take account of changes in the 
NAAQS or availability of improved methods for attaining the NAAQS and 
whenever the EPA finds that the SIP is substantially inadequate. 
Massachusetts General Laws c. 111, section 142D provides in relevant 
part that, ``From time to time the department shall review the ambient 
air quality standards and plans for implementation, maintenance and 
attainment of such standards adopted pursuant to this section and, 
after public hearings, shall amend such standards and implementation 
plan so as to minimize the economic cost of such standards and plan for 
implementation, provided,

[[Page 47141]]

however, that such standards shall not be less than the minimum federal 
standards.''
    EPA proposes that Massachusetts has met the infrastructure SIP 
requirements of CAA section 110(a)(2)(H) with respect to the 1997 
ozone, 2008 Pb, 2008 ozone, 2010 NO2, and 2010 
SO2 NAAQS.

I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions 
Under Part D

    The CAA requires that each plan or plan revision for an area 
designated as a nonattainment area meet the applicable requirements of 
part D of the CAA. Part D relates to nonattainment areas. EPA has 
determined that section 110(a)(2)(I) is not applicable to the 
infrastructure SIP process. Instead, EPA takes action on part D 
attainment plans through separate processes.

J. Section 110(a)(2)(J)--Consultation With Government Officials; Public 
Notifications; PSD; Visibility Protection

    The evaluation of the submissions from Massachusetts with respect 
to the requirements of CAA section 110(a)(2)(J) are described below.
i. Sub-Element 1: Consultation With Government Officials
    Section 110(a)(2)(J) requires states to provide a process for 
consultation with local governments and Federal Land Managers (FLMs) 
carrying out NAAQS implementation requirements pursuant to Section 121 
relating to consultation.
    Pursuant to EPA-approved Massachusetts regulations at 310 CMR 
7.02(12)(g)(2), MassDEP notifies the public ``by advertisement in a 
newspaper having wide circulation'' in the area of the particular 
facility of the opportunity to comment on certain proposed permitting 
actions and sends ``a copy of the notice of public comment to the 
applicant, the EPA, and officials and agencies having jurisdiction over 
the community in which the facility is located, including local air 
pollution control agencies, chief executives of said community, and any 
regional land use planning agency.'' Massachusetts did not make a 
submittal, however, with respect to the requirement to consult with 
FLMs. As previously mentioned, Massachusetts does not have an approved 
state PSD program, but rather is subject to a PSD FIP. The FIP includes 
a provision requiring consultation with FLMs. See 40 CFR 52.21(p). 
Consequently, with respect to the 1997 ozone, 2008 Pb, 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS, EPA proposes that 
Massachusetts has met the consultation with local governments 
requirement of this portion of section 110(a)(2)(J), but proposes a 
finding of failure to submit with respect to the FLM consultation 
requirement. Because the federal PSD program, which Massachusetts 
implements and enforces, addresses the FLM consultation requirement, a 
finding of failure to submit will not result in sanctions or new FIP 
obligations.
ii. Sub-Element 2: Public Notification
    Section 110(a)(2)(J) also requires states to: Notify the public if 
NAAQS are exceeded in an area; advise the public of health hazards 
associated with exceedances; and enhance public awareness of measures 
that can be taken to prevent exceedances and of ways in which the 
public can participate in regulatory and other efforts to improve air 
quality.
    Massachusetts regulations specify criteria for air pollution 
episodes and incidents and provide for notice to the public via news 
media and other means of communication. See 310 CMR 8.00. The 
Commonwealth also provides a daily air quality forecast to inform the 
public about concentrations of fine particles and, during the ozone 
season, provides similar information for ozone. Real time air quality 
data for NAAQS pollutants are also available on the MassDEP's Web site, 
as are information about health hazards associated with NAAQS 
pollutants and ways in which the public can participate in regulatory 
efforts related to air quality. The Commonwealth is also an active 
partner in EPA's AirNow and EnviroFlash air quality alert programs, 
which notify the public of air quality levels through EPA's Web site, 
alerts, and press releases. In light of the above, we propose to find 
that Massachusetts has met the infrastructure SIP requirements of this 
portion of section 110(a)(2)(J) with respect to the 1997 ozone, 2008 
Pb, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.
iii. Sub-Element 3: PSD
    States must meet applicable requirements of section 110(a)(2)(C) 
related to PSD. The Commonwealth's PSD program in the context of 
infrastructure SIPs has already been discussed in the paragraphs 
addressing sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 
110(a)(2)(D)(ii), and our proposed actions for those sections are 
consistent with the proposed actions for this portion of section 
110(a)(2)(J). Specifically, we propose a finding of failure to submit 
with respect to the PSD sub-element of section 110(a)(2)(J) for the 
2010 NO2 and 2010 SO2 NAAQS,\10\ and note that 
such a finding will not result in any sanctions or new FIP obligations.
---------------------------------------------------------------------------

    \10\ As discussed earlier, supra n.3, EPA has previously issued 
findings of failure to submit for Massachusetts for PSD-related 
infrastructure requirements for the 1997 ozone, 2008 ozone, and 2008 
Pb NAAQS.
---------------------------------------------------------------------------

iv. Sub-Element 4: Visibility Protection
    With regard to the applicable requirements for visibility 
protection, states are subject to visibility and regional haze program 
requirements under part C of the CAA (which includes sections 169A and 
169B). In the event of the establishment of a new NAAQS, however, the 
visibility and regional haze program requirements under part C do not 
change. Thus, we find that there is no new visibility obligation 
``triggered'' under section 110(a)(2)(J) when a new NAAQS becomes 
effective. In other words, the visibility protection requirements of 
section 110(a)(2)(J) are not germane to infrastructure SIPs for the 
1997 ozone, 2008 Pb, 2008 ozone, 2010 NO2, and 2010 
SO2 NAAQS.

K. Section 110(a)(2)(K)--Air Quality Modeling/Data

    To satisfy element K, the state air agency must demonstrate that it 
has the authority to perform air quality modeling to predict effects on 
air quality of emissions of any NAAQS pollutant and submit such data to 
EPA upon request.
    Pursuant to the authority granted by M.G.L. c.111, sections 142B-
142D, the MassDEP has the authority to maintain and operate air 
sampling stations and devices, make or perform ``such examinations, 
inspections, observations, determinations, laboratory analyses, and 
surveys; maintain such records; and perform such other acts as it deems 
necessary to conduct an adequate air pollution control program . . . 
.'' The agency is further authorized to require sources to report 
monitoring and emissions data. MassDEP accomplishes these objectives 
via a number of regulations, including the following:

310 CMR 7.02, Plan Approval and Emission Limitations;
310 CMR 7.12, Source Registration;
310 CMR 7.14, Monitoring Devices and Reports; and,
310 CMR 7.00, Appendix A--Emissions Offsets and Nonattainment 
Review.

    The state also collaborates with the Ozone Transport Commission 
(OTC), the Mid-Atlantic Regional Air Management Association, and EPA in 
order to perform large scale urban airshed modeling. EPA proposes that

[[Page 47142]]

Massachusetts has met the infrastructure SIP requirements of section 
110(a)(2)(K) with respect to the 1997 ozone, 2008 Pb, 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS.

L. Section 110(a)(2)(L)--Permitting Fees

    This section requires SIPs to mandate that each major stationary 
source pay permitting fees to cover the cost of reviewing, approving, 
implementing, and enforcing a permit.
    Massachusetts implements and operates the Title V permit program, 
which EPA approved on September 28, 2001. See 66 FR 49541. In addition, 
M.G.L. c. 21A, section 18 authorizes MassDEP to promulgate regulations 
establishing fees. To collect fees from sources of air emissions, the 
MassDEP promulgated and implements 310 CMR 4.00, Timely Action Schedule 
and Fee Provisions. These regulations set permit compliance fees, 
including fees for Title V operating permits. EPA proposes that the 
Commonwealth has met the infrastructure SIP requirements of section 
110(a)(2)(L) for the 1997 ozone, 2008 Pb, 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS.

M. Section 110(a)(2)(M)--Consultation/Participation by Affected Local 
Entities

    To satisfy element M, states must consult with, and allow 
participation from, local political subdivisions affected by the SIP. 
Pursuant to M.G.L. c.111, section 142D, MassDEP must hold public 
hearings prior to revising its SIP. In addition, M.G.L. c. 30A, 
Massachusetts Administrative Procedures Act, requires MassDEP to 
provide notice and the opportunity for public comment and hearing prior 
to adoption of any regulation. Moreover, the Commonwealth's Executive 
Order No. 145 requires state agencies, including MassDEP, to provide 
notice to the Local Government Advisory Committee to solicit input on 
the impact of proposed regulations and other administrative actions on 
local governments. Therefore, EPA proposes that Massachusetts has met 
the infrastructure SIP requirements of section 110(a)(2)(M) with 
respect to the 1997 ozone, 2008 Pb, 2008 ozone, 2010 NO2, 
and 2010 SO2 NAAQS.

V. What action is EPA taking?

    EPA is proposing to approve most portions of the SIP submissions 
from Massachusetts certifying that its current SIP is sufficient to 
meet the required infrastructure elements under sections 110(a)(1) and 
(2) for the 1997 ozone, 2008 Pb, 2008 ozone, 2010 NO2, and 
2010 SO2 NAAQS, with the exception of certain aspects 
relating to PSD which we have either already made, or are proposing, a 
finding of failure to submit. Additionally, we are proposing to 
conditionally approve several aspects of the Commonwealth's submittals. 
EPA's proposed action for each element for each NAAQS is stated in 
Table 1 below.

                 Table 1--Proposed Action on MA Infrastructure SIP Submittals for Various NAAQS
----------------------------------------------------------------------------------------------------------------
                       Element                        1997 Ozone    2008 Pb   2008 Ozone   2010 NO2    2010 SO2
----------------------------------------------------------------------------------------------------------------
(A): Emission limits and other control measures.....           CA          CA          CA          CA          CA
(B): Ambient air quality monitoring and data system.          A           A           A           A           A
(C)(i): Enforcement of SIP measures.................          A           A           A           A           A
(C)(ii): PSD program for major sources and major             PF          PF          PF          FS          FS
 modifications......................................
(C)(iii): Permitting program for minor sources and            A           A           A           A           A
 minor modifications................................
(D)(i)(I): Contribute to nonattainment/interfere             NI           A          NS           A          NS
 with maintenance of NAAQS (prongs 1 and 2).........
(D)(i)(II): PSD (prong 3)...........................        PF/CA       PF/CA       PF/CA       FS/CA       FS/CA
(D)(i)(II): Visibility Protection (prong 4).........          A           A           A           A           A
(D)(ii): Interstate Pollution Abatement.............         PF          PF          PF          FS          FS
(D)(ii): International Pollution Abatement..........          A           A           A           A           A
(E)(i): Adequate resources..........................          A           A           A           A           A
(E)(ii): State boards...............................          A           A           A           A           A
(E)(iii): Necessary assurances with respect to local         NA          NA          NA          NA          NA
 agencies...........................................
(F): Stationary source monitoring system............          A           A           A           A           A
(G): Emergency power................................           CA         A            CA         A            CA
(H): Future SIP revisions...........................          A           A           A           A           A
(I): Nonattainment area plan or plan revisions under          +           +           +           +           +
 part D.............................................
(J)(i): Consultation with government officials......         FS          FS          FS          FS          FS
(J)(ii): Public notification........................          A           A           A           A           A
(J)(iii): PSD.......................................         PF          PF          PF          FS          FS
(J)(iv): Visibility protection......................          +           +           +           +           +
(K): Air quality modeling and data..................          A           A           A           A           A
(L): Permitting fees................................          A           A           A           A           A
(M): Consultation and participation by affected               A           A           A           A           A
 local entities.....................................
----------------------------------------------------------------------------------------------------------------
In the above table, the key is as follows:
A--Approve.
CA--Conditional approval.
FS--Finding of failure to submit.
NA--Not applicable.
NI--Not included in submittal we are acting on in today's action.
NS--No Submittal.
PF--Prior finding of failure to submit.
+--Not germane to infrastructure SIPs.

    In addition, we are proposing to incorporate into the Massachusetts 
SIP sections 6 and 6A of the state's Conflict of Interest law, which 
the Commonwealth submitted on June 6, 2014, and are proposing to remove 
40 CFR 52.1160 regarding Massachusetts LEV in that it is legally 
obsolete.
    As shown in Table 1, we are proposing to issue a finding of failure 
to submit for sub-element J(i) pertaining to the requirement for 
consultation with FLMs for all five of the cited NAAQS, and note that 
in light of the PSD FIP, this finding will not result in sanctions or 
new FIP obligations. Additionally, we are also proposing to issue 
findings of failure to submit with respect to the PSD-related elements 
in sections 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for

[[Page 47143]]

the 2010 NO2 and 2010 SO2 NAAQS. As noted above, 
Massachusetts is already subject to a FIP for PSD, and so EPA will have 
no additional FIP obligations under section 110(c) of the Act if this 
action is finalized as proposed. Furthermore, the state will not be 
subject to mandatory sanctions as a result of these actions.
    EPA is proposing to conditionally approve an aspect of the 
Commonwealth's submittal for element 110(a)(2)(A) pertaining to ambient 
air quality standards because the current, SIP-approved version of 310 
CMR 7.00, Air Pollution Control, does not reflect the current version 
of the various NAAQS we are proposing to act on in this rulemaking. 
However, by letter dated June 14, 2016, the Commonwealth committed to 
add a definition of NAAQS 310 CMR 7.00 that includes a calendar date to 
address this issue. For this reason, EPA is proposing to conditionally 
approve this SIP revision provided that the Commonwealth submits to EPA 
an updated version of 310 CMR 7.00. Additionally, we are proposing to 
conditionally approve the Commonwealth's submittals for element 
110(a)(2)(G) pertaining to contingency plans for the 1997 and 2008 
ozone NAAQS, and 2010 SO2 NAAQS, pursuant to Massachusetts 
commitment within their June 14, 2016 letter, to submit a regulation 
meeting the contingency plan requirement of element 110(a)(2)(G) by a 
date no later than one year from EPA's final action on these 
infrastructure SIPs. And last, we are proposing to conditionally 
approve the aspect of 110(a)(2)(D)(i)(II) for the 1997 ozone, 2008 Pb, 
2008 ozone, 2010 NO2, and 2010 SO2 NAAQS 
pertaining to the Commonwealth's NNSR program pursuant to the state's 
June 14, 2016 letter committing to submit portions of 310 CMR 7.00: 
Appendix A, to EPA as a SIP revision request by one year from our final 
action on these ISIPs.
    Under section 110(k)(4) of the Act, EPA may conditionally approve a 
plan based on a commitment from the State to adopt specific enforceable 
measures by a date certain, but not later than one year from the date 
of approval. If EPA conditionally approves these commitments in a final 
rulemaking action, Massachusetts must meet its commitments to: Submit 
an updated version of 310 CMR 7.00, Air Pollution Control, containing a 
calendar date to clarify which NAAQS are being referenced, to fully 
meet the requirements of element 110(a)(2)(A); submit revisions to its 
SIP-approved nonattainment new source review regulations to fully meet 
the requirements of element 110(a)(2)(D)(i)(II); and, submit a 
regulation addressing the contingency plan requirement of section 
110(a)(2)(G). If the State fails to do so, this action will become a 
disapproval one year from the date of final approval. EPA will notify 
the State by letter that this action has occurred. At that time, these 
commitments will no longer be a part of the approved Massachusetts SIP. 
EPA subsequently will publish a document in the Federal Register 
notifying the public that the conditional approval(s) automatically 
converted to a disapproval(s). If the State meets its commitments 
within the applicable time frame, the conditionally approved 
submissions will remain a part of the SIP until EPA takes final action 
approving or disapproving them. If EPA disapproves the new submittals, 
the conditionally approved regulations will also be disapproved at that 
time. If EPA approves the submittals, the regulations will be fully 
approved in its entirety and replace the conditionally approved program 
in the SIP. If EPA determines that it cannot issue a final conditional 
approval or if the conditional approvals are converted to disapprovals, 
such action will trigger the Federal implementation plan (FIP) 
requirement under section 110(c).
    EPA is soliciting public comments on the issues discussed in this 
proposal or on other relevant matters. These comments will be 
considered before EPA takes final action. Interested parties may 
participate in the Federal rulemaking procedure by submitting written 
comments to the EPA New England Regional Office listed in the ADDRESSES 
section of this Federal Register, or by submitting comments 
electronically, by mail, or through hand delivery/courier following the 
directions in the ADDRESSES section of this Federal Register.

VI. Incorporation by Reference

    In this rulemaking, the EPA is proposing to include in a final EPA 
rule regulatory text that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference into the Massachusetts SIP M.G.L c. 268A, 
sections 6 and 6A of the Commonwealth's Conflict of Interest law 
submitted to EPA on June 6, 2014. The EPA has made, and will continue 
to make, this document generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

VII. Statutory and Executive Order Reviews

    Under the CAA, 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 proposed 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 proposed 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);
     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

[[Page 47144]]

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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Sulfur Oxides, Reporting and recordkeeping 
requirements.

    Dated: July 5, 2016.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2016-17069 Filed 7-19-16; 8:45 am]
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                                                    adopted consultation procedures for the                  110(k)(5) (SIP call) starts a sanctions               Act of 1995 (15 U.S.C. 272 note) because
                                                    implementation of transportation                         clock. The section 110(a)(2)(E)(ii)                   application of those requirements would
                                                    conformity which includes the                            provisions (the provisions being                      be inconsistent with the CAA; and
                                                    development of mobile inventories for                    proposed for disapproval in today’s                     • Does not provide EPA with the
                                                    SIP development and the requirements                     notice) were not submitted to meet                    discretionary authority to address, as
                                                    that link transportation planning and air                requirements for Part D or a SIP call,                appropriate, disproportionate human
                                                    quality planning in nonattainment and                    and therefore, if EPA takes final action              health or environmental effects, using
                                                    maintenance areas. These consultation                    to disapprove this submittal, no                      practicable and legally permissible
                                                    and participation procedures have been                   sanctions will be triggered. However, if              methods, under Executive Order 12898
                                                    approved in the Alabama SIP as the                       this disapproval action is finalized, that            (59 FR 7629, February 16, 1994).
                                                    non-regulatory provisions: ‘‘Alabama                     final action will trigger the requirement               The SIP is not approved to apply on
                                                    Interagency Transportation Conformity                    under section 110(c) that EPA                         any Indian reservation land or in any
                                                    Memorandum of Agreement’’ and                            promulgate a federal implementation                   other area where EPA or an Indian tribe
                                                    ‘‘Conformity SIP for Birmingham and                      plan (FIP) no later than 2 years from the             has demonstrated that a tribe has
                                                    Jackson County.’’ These provisions were                  date of the disapproval unless the State              jurisdiction. In those areas of Indian
                                                    approved on May 11, 2000, and March                      corrects the deficiency, and EPA                      country, the rule does not have tribal
                                                    26, 2009, respectively. See 65 FR 30362                  approves the plan or plan revision                    implications as specified by Executive
                                                    and 74 FR 13118. Required partners                       before EPA promulgates such FIP.                      Order 13175 (65 FR 67249, November 9,
                                                    covered by Alabama’s consultation                                                                              2000), nor will it impose substantial
                                                    procedures include federal, state and                    VI. Statutory and Executive Order
                                                                                                                                                                   direct costs on tribal governments or
                                                    local transportation and air quality                     Reviews
                                                                                                                                                                   preempt tribal law.
                                                    agency officials. The state and local                       Under the CAA, the Administrator is
                                                    transportation agency officials are most                 required to approve a SIP submission                  List of Subjects in 40 CFR Part 52
                                                    directly impacted by transportation                      that complies with the provisions of the                Environmental protection, Air
                                                    conformity requirements and are                          Act and applicable federal regulations.               pollution control, Incorporation by
                                                    required to provide public involvement                   See 42 U.S.C. 7410(k); 40 CFR 52.02(a).               reference, Intergovernmental relations,
                                                    for their activities including the analysis              Thus, in reviewing SIP submissions,                   Nitrogen dioxide, Ozone, Reporting and
                                                    demonstrating how they meet                              EPA’s role is to approve state choices,               recordkeeping requirements, Volatile
                                                    transportation conformity requirements.                  provided that they meet the criteria of               organic compounds.
                                                    Additionally, Alabama has consulted                      the CAA. Accordingly, this proposed                     Authority: 42 U.S.C. 7401 et seq.
                                                    with FLMs as a requirement of its                        action merely approves state law as
                                                    regional haze SIP. EPA has made the                      meeting federal requirements and does                   Dated: July 8, 2016.
                                                    preliminary determination that                           not impose additional requirements                    Heather McTeer Toney,
                                                    Alabama’s SIP and practices adequately                   beyond those imposed by state law. For                Regional Administrator, Region 4.
                                                    demonstrate consultation with affected                   that reason, this proposed action:                    [FR Doc. 2016–17053 Filed 7–19–16; 8:45 am]
                                                    local entities related to the 2010 1-hour                   • Is not a significant regulatory action           BILLING CODE 6560–50–P
                                                    NO2 NAAQS when necessary.                                subject to review by the Office of
                                                    V. Proposed Action                                       Management and Budget under
                                                                                                             Executive Orders 12866 (58 FR 51735,                  ENVIRONMENTAL PROTECTION
                                                       With the exception of interstate                      October 4, 1993) and 13563 (76 FR 3821,               AGENCY
                                                    transport provisions pertaining to                       January 21, 2011);
                                                    visibility protection requirements of                       • Does not impose an information                   40 CFR Part 52
                                                    section 110(a)(2)(D)(i)(II) (prong 4), and               collection burden under the provisions                [EPA–R01–OAR–2014–0720; FRL–9949–29–
                                                    the state board requirements of section                  of the Paperwork Reduction Act (44                    Region 1]
                                                    110(a)(2)(E)(ii), EPA is proposing to                    U.S.C. 3501 et seq.);
                                                    approve that certain elements in                            • Is certified as not having a                     Air Plan Approval; Massachusetts;
                                                    Alabama’s April 23, 2013, and                            significant economic impact on a                      Infrastructure State Implementation
                                                    December 9, 2015, SIP submissions for                    substantial number of small entities                  Plan Requirements
                                                    the 2010 1-hour NO2 NAAQS have met                       under the Regulatory Flexibility Act (5
                                                    the above-described infrastructure SIP                   U.S.C. 601 et seq.);                                  AGENCY:  Environmental Protection
                                                    requirements. EPA is proposing to                           • Does not contain any unfunded                    Agency (EPA).
                                                    disapprove section 110(a)(2)(E)(ii) of                   mandate or significantly or uniquely                  ACTION: Proposed rule.
                                                    Alabama’s infrastructure submissions                     affect small governments, as described
                                                    because the State’s implementation plan                  in the Unfunded Mandates Reform Act                   SUMMARY:   The Environmental Protection
                                                    does not contain provisions to comply                    of 1995 (Pub. L. 104–4);                              Agency (EPA) is proposing to approve
                                                    with section 128 of the Act, and thus                       • Does not have Federalism                         most elements of State Implementation
                                                    Alabama’s April 23, 2013, and                            implications as specified in Executive                Plan (SIP) submissions from
                                                    December 9, 2015, infrastructure SIP                     Order 13132 (64 FR 43255, August 10,                  Massachusetts regarding the
                                                    submissions do not meet the                              1999);                                                infrastructure requirements of the Clean
                                                    requirements of the Act. The interstate                     • Is not an economically significant               Air Act (CAA or Act) for the 1997
                                                    transport requirements of section                        regulatory action based on health or                  ozone, 2008 lead (Pb), 2008 ozone, 2010
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                                                    110(a)(2)(D)(i)(II) (prong 4) will be                    safety risks subject to Executive Order               nitrogen dioxide (NO2), and 2010 sulfur
                                                    addressed by EPA in a future action.                     13045 (62 FR 19885, April 23, 1997);                  dioxide (SO2) National Ambient Air
                                                       Under section 179(a) of the CAA, final                   • Is not a significant regulatory action           Quality Standards (NAAQS). EPA is
                                                    disapproval of a submittal (or portion                   subject to Executive Order 13211 (66 FR               also proposing to conditionally approve
                                                    thereof) that addresses a requirement of                 28355, May 22, 2001);                                 three aspects of the Commonwealth’s
                                                    a CAA Part D Plan or is required in                         • Is not subject to requirements of                submittals. In addition, we are also
                                                    response to a finding of substantial                     section 12(d) of the National                         proposing findings of failure to submit
                                                    inadequacy as described in CAA section                   Technology Transfer and Advancement                   pertaining to various aspects of the


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                                                    47134                  Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules

                                                    prevention of significant deterioration                  II. What is the background of these SIP               VII. Statutory and Executive Order Reviews
                                                    (PSD) requirements of infrastructure                           submissions?
                                                                                                                A. What Massachusetts SIP submissions              I. What should I consider as I prepare
                                                    SIPs. Lastly, we are proposing to remove                                                                       my comments for EPA?
                                                                                                                   does this rulemaking address?
                                                    40 CFR 52.1160 as legally obsolete.
                                                                                                                B. Why did the state make these SIP                   When submitting comments,
                                                       The infrastructure requirements are                         submissions?
                                                    designed to ensure that the structural                                                                         remember to:
                                                                                                                C. What is the scope of this rulemaking?
                                                    components of each state’s air quality                                                                            1. Identify the rulemaking by docket
                                                                                                             III. What guidance is EPA using to evaluate
                                                    management program are adequate to                             these SIP submissions?                          number and other identifying
                                                    meet the state’s responsibilities under                  IV. What is the result of EPA’s review of             information (subject heading, Federal
                                                    the CAA.                                                       these SIP submissions?                          Register date, and page number).
                                                                                                                A. Section 110(a)(2)(A)—Emission Limits               2. Follow directions—EPA may ask
                                                    DATES: Comments must be received on                            and Other Control Measures                      you to respond to specific questions or
                                                    or before August 19, 2016.                                  B. Section 110(a)(2)(B)—Ambient Air                organize comments by referencing a
                                                    ADDRESSES: Submit your comments,                               Quality Monitoring/Data System                  Code of Federal Regulations (CFR) part
                                                    identified by Docket ID Number EPA–                         C. Section 110(a)(2)(C)—Program for                or section number.
                                                    R01–OAR–2014–0720, at http://                                  Enforcement of Control Measures and for            3. Explain why you agree or disagree;
                                                                                                                   Construction or Modification of
                                                    www.regulations.gov, or via email to                           Stationary Sources
                                                                                                                                                                   suggest alternatives and substitute
                                                    arnold.anne@epa.gov. For comments                           i. Sub-Element 1: Enforcement of SIP               language for your requested changes.
                                                    submitted at Regulations.gov, follow the                       Measures                                           4. Describe any assumptions and
                                                    online instructions for submitting                          ii. Sub-Element 2: Preconstruction Program         provide any technical information and/
                                                    comments. Once submitted, comments                             for Major Sources and Major                     or data that you used.
                                                    cannot be edited or removed from                               Modifications                                      5. If you estimate potential costs or
                                                    Regulations.gov. For either manner of                       iii. Sub-Element 3: Preconstruction                burdens, explain how you arrived at
                                                    submission, the EPA may publish any                            Permitting for Minor Sources and Minor          your estimate in sufficient detail to
                                                                                                                   Modifications                                   allow for it to be reproduced.
                                                    comment received to its public docket.
                                                                                                                D. Section 110(a)(2)(D)—Interstate                    6. Provide specific examples to
                                                    Do not submit electronically any                               Transport
                                                    information you consider to be                                                                                 illustrate your concerns, and suggest
                                                                                                                i. Sub-Element 1: Section
                                                    Confidential Business Information (CBI)                        110(a)(2)(D)(i)(I)—Contribute to
                                                                                                                                                                   alternatives.
                                                    or other information whose disclosure is                       Nonattainment (Prong 1) and Interfere
                                                                                                                                                                      7. Explain your views as clearly as
                                                    restricted by statute. Multimedia                              With Maintenance of the NAAQS (Prong            possible, avoiding the use of profanity
                                                    submissions (audio, video, etc.) must be                       2)                                              or personal threats.
                                                    accompanied by a written comment.                           ii. Sub-Element 2: Section                            8. Make sure to submit your
                                                    The written comment is considered the                          110(a)(2)(D)(i)(II)—PSD (Prong 3)               comments by the comment period
                                                    official comment and should include                         iii. Sub-Element 3: Section                        deadline identified.
                                                                                                                   110(a)(2)(D)(i)(II)—Visibility Protection
                                                    discussion of all points you wish to                           (Prong 4)                                       II. What is the background of these SIP
                                                    make. The EPA will generally not                            iv. Sub-Element 4: Section                         submissions?
                                                    consider comments or comment                                   110(a)(2)(D)(ii)—Interstate Pollution
                                                    contents located outside of the primary                                                                        A. What Massachusetts SIP submissions
                                                                                                                   Abatement
                                                    submission (i.e., on the web, cloud, or                     v. Sub-Element 5: Section 110(a)(2)(D)(ii)—        does this rulemaking address?
                                                    other file sharing system). For                                International Pollution Abatement                  This rulemaking addresses
                                                    additional submission methods, please                       E. Section 110(a)(2)(E)—Adequate                   submissions from the Massachusetts
                                                    contact the person identified in the FOR                       Resources                                       Department of Environmental Protection
                                                                                                                i. Sub-Element 1: Adequate Personnel,              (MassDEP). The Commonwealth
                                                    FURTHER INFORMATION CONTACT section.
                                                                                                                   Funding, and Legal Authority Under
                                                    For the full EPA public comment policy,                                                                        submitted its infrastructure State
                                                                                                                   State Law To Carry Out Its SIP, and
                                                    information about CBI or multimedia                            Related Issues                                  Implementation Plan (ISIP) for the 1997
                                                    submissions, and general guidance on                        ii. Sub-Element 2: State Board                     ozone NAAQS on December 14, 2007,
                                                    making effective comments, please visit                        Requirements Under Section 128 of the           its ISIP for the 200b Pb NAAQS on
                                                    http://www2.epa.gov/dockets/                                   CAA                                             December 4, 2012, and its ISIPs for the
                                                    commenting-epa-dockets.                                     F. Section 110(a)(2)(F)—Stationary Source          2008 ozone, 2010 NO2, and 2010 SO2
                                                                                                                   Monitoring System                               NAAQS on June 6, 2014.
                                                    FOR FURTHER INFORMATION CONTACT: Bob
                                                                                                                G. Section 110(a)(2)(G)—Emergency
                                                    McConnell, Environmental Engineer,                             Powers                                          B. Why did the state make these SIP
                                                    Air Quality Planning Unit, Air Programs                     H. Section 110(a)(2)(H)—Future SIP                 submissions?
                                                    Branch (Mail Code OEP05–02), U.S.                              Revisions                                         Under sections 110(a)(1) and (2) of the
                                                    Environmental Protection Agency,                            I. Section 110(a)(2)(I)—Nonattainment Area
                                                                                                                                                                   CAA, states are required to submit
                                                    Region 1, 5 Post Office Square, Suite                          Plan or Plan Revisions Under Part D
                                                                                                                J. Section 110(a)(2)(J)—Consultation With          infrastructure SIPs to ensure that their
                                                    100, Boston, Massachusetts, 02109–
                                                                                                                   Government Officials; Public                    SIPs provide for implementation,
                                                    3912; (617) 918–1046;
                                                                                                                   Notifications; PSD; Visibility Protection       maintenance, and enforcement of the
                                                    mcconnell.robert@epa.gov.
                                                                                                                i. Sub-Element 1: Consultation With                NAAQS, including the 1997 ozone,
                                                    SUPPLEMENTARY INFORMATION:                                     Government Officials                            2008 Pb, 2008 ozone, 2010 NO2, and
                                                    Throughout this document whenever                           ii. Sub-Element 2: Public Notification             2010 SO2 NAAQS. These submissions
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                                                    ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean                 iii. Sub-Element 3: PSD                            must contain any revisions needed for
                                                    EPA. Additionally, the term ‘‘the                           iv. Visibility Protection                          meeting the applicable SIP requirements
                                                    Commonwealth’’ refers to the state of                       K. Section 110(a)(2)(K)—Air Quality
                                                                                                                   Modeling/Data
                                                                                                                                                                   of section 110(a)(2), or certifications that
                                                    Massachusetts.                                                                                                 their existing SIPs for the NAAQS
                                                                                                                L. Section 110(a)(2)(L)—Permitting Fees
                                                       This SUPPLEMENTARY INFORMATION                                                                              already meet those requirements.
                                                                                                                M. Section 110(a)(2)(M)—Consultation/
                                                    section is arranged as follows:                                Participation by Affected Local Entities          EPA highlighted this statutory
                                                    I. What should I consider as I prepare my                V. What action is EPA taking?                         requirement in an October 2, 2007,
                                                        comments for EPA?                                    VI. Incorporation by Reference                        guidance document entitled ‘‘Guidance


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                                                                           Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules                                                     47135

                                                    on SIP Elements Required Under                           sections 110(a)(1) and 110(a)(2) as                   of the 2007 Memo (Required Section
                                                    Sections 110(a)(1) and (2) for the 1997                  ‘‘infrastructure SIP’’ submissions.                   110 SIP Elements) identifies the
                                                    8-hour Ozone and PM2.5 (Fine Particle)                   Although the term ‘‘infrastructure SIP’’              statutory elements that states need to
                                                    National Ambient Air Quality                             does not appear in the CAA, EPA uses                  submit in order to satisfy the
                                                    Standards’’ (2007 Memo). On September                    the term to distinguish this particular               requirements for an infrastructure SIP
                                                    25, 2009, EPA issued an additional                       type of SIP submission from                           submission. The 2009 Memo provides
                                                    guidance document pertaining to the                      submissions that are intended to satisfy              additional guidance for certain elements
                                                    2006 PM2.5 NAAQS entitled ‘‘Guidance                     other SIP requirements under the CAA,                 regarding the 2006 PM2.5 NAAQS, and
                                                    on SIP Elements Required Under                           such as ‘‘nonattainment SIP’’ or                      the 2011 Memo provides guidance
                                                    Sections 110(a)(1) and (2) for the 2006                  ‘‘attainment plan SIP’’ submissions to                specific to the 2008 Pb NAAQS. Lastly,
                                                    24-Hour Fine Particle (PM2.5) National                   address the planning requirements of                  the 2013 Memo identifies and further
                                                    Ambient Air Quality Standards                            part D of title I of the CAA.                         clarifies aspects of infrastructure SIPs
                                                    (NAAQS)’’ (2009 Memo), followed by                          This rulemaking will not cover three               that are not NAAQS specific.
                                                    the October 14, 2011, ‘‘Guidance on                      substantive areas that are not integral to
                                                    infrastructure SIP Elements Required                     acting on a state’s infrastructure SIP                IV. What is the result of EPA’s review
                                                    Under Sections 110(a)(1) and (2) for the                 submission: (i) Existing provisions                   of these SIP submissions?
                                                    2008 Lead (Pb) National Ambient Air                      related to excess emissions during                      Pursuant to section 110(a), and as
                                                    Quality Standards (NAAQS)’’ (2011                        periods of start-up, shutdown, or                     noted in the 2011 Memo and the 2013
                                                    Memo). Most recently, EPA issued                         malfunction at sources (‘‘SSM’’                       Memo, states must provide reasonable
                                                    ‘‘Guidance on Infrastructure State                       emissions) that may be contrary to the                notice and opportunity for public
                                                    Implementation Plan (SIP) Elements                       CAA and EPA’s policies addressing                     hearing for all infrastructure SIP
                                                    under Clean Air Act Sections 110(a)(1)                   such excess emissions; (ii) existing                  submissions. MassDEP held a public
                                                    and (2)’’ on September 13, 2013 (2013                    provisions related to ‘‘director’s                    hearing on the ISIP for the 2008 Pb
                                                    Memo). The SIP submissions referenced                    variance’’ or ‘‘director’s discretion’’ that          NAAQS on June 12, 2012, and held a
                                                    in this rulemaking pertain to the                        purport to permit revisions to SIP-                   public hearing on the ISIPs for the 2008
                                                    applicable requirements of section                       approved emissions limits with limited                ozone, 2010 NO2, and 2010 SO2 NAAQS
                                                    110(a)(1) and (2) and address the 1997                   public process or without requiring                   on September 6, 2013.
                                                    ozone, 2008 Pb, 2008 ozone, 2010 NO2,                    further approval by EPA, that may be                    EPA is soliciting comment on our
                                                    and 2010 SO2 NAAQS.                                      contrary to the CAA (‘‘director’s                     evaluation of the state’s infrastructure
                                                                                                             discretion’’); and, (iii) existing                    SIP submissions in this notice of
                                                    C. What is the scope of this rulemaking?                 provisions for PSD programs that may                  proposed rulemaking. Massachusetts
                                                       EPA is proposing approval of most                     be inconsistent with current                          provided detailed synopses of how
                                                    aspects of the SIP submissions from                      requirements of EPA’s ‘‘Final New                     various components of its SIP meet each
                                                    Massachusetts that address the                           Source Review (NSR) Improvement                       of the requirements in section 110(a)(2)
                                                    infrastructure requirements of CAA                       Rule,’’ 67 FR 80186 (December 31,                     for the 1997 ozone, 2008 Pb, 2008
                                                    sections 110(a)(1) and 110(a)(2) for the                 2002), as amended by 72 FR 32526 (June                ozone, 2010 NO2, and 2010 SO2
                                                    1997 ozone, 2008 Pb, 2008 ozone, 2010                    13, 2007) (‘‘NSR Reform’’). Instead, EPA              NAAQS, as applicable. The following
                                                    NO2, and 2010 SO2 NAAQS.                                 has the authority to address each one of              review evaluates the state’s submissions
                                                    Additionally, we are proposing approval                  these substantive areas separately. A                 in light of section 110(a)(2)
                                                    of a statute submitted by Massachusetts                  detailed history, interpretation, and                 requirements and relevant EPA
                                                    that supports the infrastructure SIP                     rationale for EPA’s approach to                       guidance.
                                                    submittals, proposing conditional                        infrastructure SIP requirements can be
                                                    approval of certain aspects of the                       found in EPA’s May 13, 2014, proposed                 A. Section 110(a)(2)(A)—Emission
                                                    Commonwealth’s submittals as                             rule entitled, ‘‘Infrastructure SIP                   Limits and Other Control Measures
                                                    discussed below, and proposing                           Requirements for the 2008 Lead                          This section requires SIPs to include
                                                    findings of failure to submit for a                      NAAQS’’ in the section, ‘‘What is the                 enforceable emission limits and other
                                                    number of ISIP provisions that pertain                   scope of this rulemaking?’’ (See 79 FR                control measures, means or techniques,
                                                    to the State’s PSD program.                              27241; May 13, 2014).                                 schedules for compliance, and other
                                                       The requirement for states to make a                                                                        related matters. However, EPA has long
                                                    SIP submission of this type arises out of                III. What guidance is EPA using to
                                                                                                             evaluate these SIP submissions?                       interpreted emission limits and control
                                                    CAA sections 110(a)(1) and 110(a)(2).                                                                          measures for attaining the standards as
                                                    Pursuant to these sections, each state                      EPA reviews each infrastructure SIP                being due when nonattainment
                                                    must submit a SIP that provides for the                  submission for compliance with the                    planning requirements are due.1 In the
                                                    implementation, maintenance, and                         applicable statutory provisions of
                                                                                                                                                                   context of an infrastructure SIP, EPA is
                                                    enforcement of each primary or                           section 110(a)(2), as appropriate.
                                                                                                                                                                   not evaluating the existing SIP
                                                    secondary NAAQS. States must make                        Historically, EPA has elected to use
                                                                                                                                                                   provisions for this purpose. Instead,
                                                    such SIP submission ‘‘within 3 years (or                 non-binding guidance documents to
                                                                                                                                                                   EPA is only evaluating whether the
                                                    such shorter period as the Administrator                 make recommendations for states’
                                                                                                                                                                   state’s SIP has basic structural
                                                    may prescribe) after the promulgation                    development and EPA review of
                                                                                                                                                                   provisions for the implementation of the
                                                    of’’ a new or revised NAAQS. This                        infrastructure SIPs, in some cases
                                                                                                                                                                   NAAQS.
                                                    requirement is triggered by the                          conveying needed interpretations on
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                                                                                                                                                                     Massachusetts General Law (M.G.L.)
                                                    promulgation of a new or revised                         newly arising issues and in some cases
                                                                                                                                                                   c.21A, § 8, Executive Office of Energy
                                                    NAAQS and is not conditioned upon                        conveying interpretations that have
                                                                                                                                                                   and Environmental Affairs Organization
                                                    EPA’s taking any other action. Section                   already been developed and applied to
                                                                                                                                                                   of Departments; powers, duties and
                                                    110(a)(2) includes the specific elements                 individual SIP submissions for
                                                                                                                                                                   functions, creates and sets forth the
                                                    that ‘‘each such plan’’ must address.                    particular elements. EPA guidance
                                                       EPA commonly refers to such SIP                       applicable to these infrastructure SIP                  1 See, e.g., EPA’s final rule on ‘‘National Ambient
                                                    submissions made for the purpose of                      submissions is embodied in several                    Air Quality Standards for Lead.’’ 73 FR 66964,
                                                    satisfying the requirements of CAA                       documents. Specifically, attachment A                 67034 (Nov. 12, 2008).



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                                                    47136                  Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules

                                                    powers and duties of the Department of                   exception of the issue related to a                   recent Annual Air Monitoring Network
                                                    Environmental Protection (MassDEP)                       definition of NAAQS in 310 CMR 7.00,                  Plan for Pb, ozone, NO2, and SO2 on
                                                    within the Executive Office of Energy                    for which we are proposing a                          November 13, 2015. Furthermore,
                                                    and Environmental Affairs. In addition,                  conditional approval.                                 MassDEP populates AQS with air
                                                    M.G.L. c.111, §§ 142A through 142N,                        In addition to the above, we are                    quality monitoring data in a timely
                                                    which, collectively, are referred to as                  proposing to remove as legally obsolete               manner, and provides EPA with prior
                                                    the Massachusetts Pollution Control                      40 CFR 52.1160, which was                             notification when considering a change
                                                    Laws, provide MassDEP with broad                         promulgated on January 24, 1995 (60 FR                to its monitoring network or plan. EPA
                                                    authority to prevent pollution or                        4737). Section 52.1160 provides that                  proposes that MassDEP has met the
                                                    contamination of the atmosphere and to                   ‘‘Massachusetts’ adopted LEV [Low                     infrastructure SIP requirements of
                                                    prescribe and establish appropriate                      Emission Vehicle] program must be                     section 110(a)(2)(B) with respect to the
                                                    regulations. Furthermore, M.G.L. c.21A,                  revised to the extent necessary for the               1997 ozone, 2008 Pb, 2008 ozone, 2010
                                                    § 18, Permit applications and                            state to comply with all aspects of the               NO2, and 2010 SO2 NAAQS.
                                                    compliance assurance fees; timeline                      requirements of 40 CFR 51.120,’’ a
                                                    action schedules; regulations,                           provision that was promulgated in the                 C. Section 110(a)(2)(C)—Program for
                                                    authorizes MassDEP to establish fees                     same action (60 FR 4736) and that                     Enforcement of Control Measures and
                                                    applicable to the regulatory programs it                 required certain states to adopt the                  for Construction or Modification of
                                                    administers.                                             Ozone Transport Commission (OTC)                      Stationary Sources
                                                       MassDEP has adopted numerous                          LEV program or equivalent measures.                      States are required to include a
                                                    regulations within the Code of                           (The OTC LEV program is based on                      program providing for enforcement of
                                                    Massachusetts Regulations (CMR) in                       California’s LEV program and requires                 all SIP measures and the regulation of
                                                    furtherance of the objectives set out by                 that only cleaner ‘‘LEV’’ cars be sold in             construction of new or modified
                                                    these statutes, including 310 CMR 4.00:                  the states in which it has been adopted).             stationary sources to meet NSR
                                                    Timely Action & Fee Schedule                             On March 11, 1997, however, the U.S.                  requirements under PSD and
                                                    Regulations, 310 CMR 6.00, Ambient Air                   Court of Appeals for the District of                  nonattainment new source review
                                                    Quality Standards for the                                Columbia Circuit vacated the provisions               (NNSR) programs. Part C of the CAA
                                                    Commonwealth of Massachusetts, and                       of 40 CFR 52.120. See Virginia v. EPA,                (sections 160–169B) addresses PSD,
                                                    310 CMR 7.00: Air Pollution Control                      108 F.3d 1397. Nonetheless, the                       while part D of the CAA (sections 171–
                                                    Regulations. For example, many SIP-                      Commonwealth has adopted a Low                        193) addresses NNSR requirements.
                                                    approved State air quality regulations                   Emission Vehicle Program based on                        The evaluation of each state’s
                                                    within 310 CMR 7.00 provide                              California’s LEV program (310 CMR                     submission addressing the
                                                    enforceable emission limitations and                     7.40), the latest version of which was                infrastructure SIP requirements of
                                                    other control measures, means or                         approved into the SIP on December 23,                 section 110(a)(2)(C) covers the
                                                    techniques, schedules for compliance,                    2002 (67 FR 78181). Because of the                    following: (i) Enforcement of SIP
                                                    and other related matters that satisfy the               vacatur, EPA concludes that 40 CFR                    measures; (ii) PSD program for major
                                                    requirements of the CAA section                          52.1160 is obsolete and proposes to                   sources and major modifications; and,
                                                    110(a)(2)(A) for the 1997 ozone, 2008                    remove it from the CFR.                               (iii) permitting program for minor
                                                    Pb, 2008 ozone, 2010 NO2, and 2010                         As previously noted, EPA is not                     sources and minor modifications. A
                                                    SO2 NAAQS, including but not limited                     proposing to approve or disapprove any                discussion of greenhouse gas (GHG)
                                                    to 7.18, Volatile and Halogenated                        existing state provisions or rules related            permitting and the ‘‘Tailoring Rule’’ 2 is
                                                    Organic Compounds, 7.19, Reasonably                      to SSM or director’s discretion in the                included within our evaluation of the
                                                    Available Control Technology (RACT)                      context of section 110(a)(2)(A).                      PSD provisions of the Commonwealth’s
                                                    for Sources of NOX, and 7.29, Emission                   B. Section 110(a)(2)(B)—Ambient Air                   submittals.
                                                    Standards for Power Plants.
                                                                                                             Quality Monitoring/Data System                        i. Sub-Element 1: Enforcement of SIP
                                                       We note, however, that we are
                                                    conditionally approving this element                        This section requires SIPs to include              Measures
                                                    because the SIP-approved version of 310                  provisions to provide for establishing                   MassDEP staffs and implements an
                                                    CMR 7.00 uses the term ‘‘National                        and operating ambient air quality                     enforcement program pursuant to
                                                    Ambient Air Quality Standards                            monitors, collecting and analyzing                    authorities provided within the
                                                    (NAAQS),’’ but does not contain a                        ambient air quality data, and making                  following laws: M.G.L. c.111, § 2C,
                                                    definition for this term. Therefore, there               these data available to EPA upon                      Pollution violations; orders of
                                                    is uncertainty as to which versions of                   request. Each year, states submit annual              department of environmental
                                                    the NAAQS the term incorporates. By                      air monitoring network plans to EPA for               protection, which authorizes MassDEP
                                                    letter dated June 14, 2016,                              review and approval. EPA’s review of
                                                    Massachusetts committed to submitting                    these annual monitoring plans includes                  2 In EPA’s April 28, 2011 proposed rulemaking
                                                    for inclusion in the SIP, by a date no                   our evaluation of whether the state: (i)              for several states’ infrastructure SIPs for the 1997
                                                    later than one year from conditional                     Monitors air quality at appropriate                   ozone and PM2.5 NAAQS, we stated that each state’s
                                                    approval of Massachusetts’                               locations throughout the state using                  PSD program must meet applicable requirements
                                                                                                                                                                   for evaluation of all regulated NSR pollutants in
                                                    infrastructure submissions, a definition                 EPA-approved Federal Reference                        PSD permits (See 76 FR 23757 at 23760). This view
                                                    for NAAQS in 310 CMR 7.00 that would                     Methods or Federal Equivalent Method                  was reiterated in EPA’s August 2, 2012 proposed
                                                    reflect the current versions of the                      monitors; (ii) submits data to EPA’s Air              rulemaking for several infrastructure SIPs for the
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                                                    various NAAQS we are proposing to act                    Quality System (AQS) in a timely                      2006 PM2.5 NAAQS (See 77 FR 45992 at 45998). In
                                                                                                                                                                   other words, if a state lacks provisions needed to
                                                    on in this rulemaking.                                   manner; and, (iii) provides EPA                       adequately address Pb, NOX as a precursor to ozone,
                                                       In recognition of the above, EPA                      Regional Offices with prior notification              PM2.5 precursors, PM2.5 and PM10 condensables,
                                                    proposes that Massachusetts has met the                  of any planned changes to monitoring                  PM2.5 increments, or the Federal GHG permitting
                                                    infrastructure SIP requirements of                       sites or the network plan.                            thresholds, the provisions of section 110(a)(2)(C)
                                                                                                                                                                   requiring a suitable PSD permitting program must
                                                    section 110(a)(2)(A) with respect to the                    Under MGL c.111, §§ 142B to 142D,                  be considered not to be met irrespective of the
                                                    1997 ozone, 2008 Pb, 2008 ozone, 2010                    MassDEP operates an air monitoring                    NAAQS that triggered the requirement to submit an
                                                    NO2, and 2010 SO2 NAAQS, with the                        network. EPA approved the state’s most                infrastructure SIP, including the 2008 Pb NAAQS.



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                                                                           Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules                                          47137

                                                    to issue orders enforcing pollution                      Moreover the state is not subject to                  below, 2 of which are found within sub-
                                                    control regulations generally; M.G.L.                    mandatory sanctions solely as a result of             element 1. Sub-elements 4 and 5 are
                                                    c.111, §§ 142A through 142O,                             this finding, because the SIP submittal               found under section 110(a)(2)(D)(ii) of
                                                    Massachusetts Pollution Control Laws,                    deficiencies are neither with respect to              the Act and include provisions insuring
                                                    which, among other things, more                          a sub-element that is required under                  compliance with sections 115 and 126
                                                    specifically authorize MassDEP to adopt                  part D nor in response to a SIP call                  of the Act relating to interstate and
                                                    regulations to control air pollution,                    under section 110(k)(5) of the Act.                   international pollution abatement.
                                                    enforce such regulations, and issue
                                                                                                             iii. Sub-Element 3: Preconstruction                   i. Sub-Element 1: Section
                                                    penalties for non-compliance; and,
                                                                                                             Permitting for Minor Sources and Minor                110(a)(2)(D)(i)(I)—Contribute to
                                                    M.G.L. c.21A, § 16, Civil Administrative
                                                                                                             Modifications                                         Nonattainment (Prong 1) and Interfere
                                                    Penalties, which provides additional
                                                                                                                To address the pre-construction                    With Maintenance of the NAAQS (Prong
                                                    authorizations for MassDEP to assess
                                                                                                             regulation of the modification and                    2)
                                                    penalties for failure to comply with the
                                                    Commonwealth’s air pollution control                     construction of minor stationary sources                 With respect to the 2008 Pb NAAQS,
                                                    laws and regulations. Moreover, SIP-                     and minor modifications of major                      the 2011 Memo notes that the physical
                                                    approved regulations, such as 310 CMR                    stationary sources, an infrastructure SIP             properties of Pb prevent it from
                                                    7.02(12)(e) and (f), provide a program                   submission should identify the existing               experiencing the same travel or
                                                    for the enforcement of SIP measures.                     EPA-approved SIP provisions and/or                    formation phenomena as PM2.5 or
                                                    Accordingly, EPA proposes that                           include new provisions that govern the                ozone. Specifically, there is a sharp
                                                    Massachusetts has met this requirement                   minor source pre-construction program                 decrease in Pb concentrations as the
                                                    of section 110(a)(2)(C) with respect to                  that regulates emissions of the relevant              distance from a Pb source increases.
                                                    the 1997 ozone, 2008 Pb, 2008 ozone,                     NAAQS pollutants. EPA’s most recent                   Accordingly, although it may be
                                                    2010 NO2, and 2010 SO2 NAAQS.                            approval of the Commonwealth’s minor                  possible for a source in a state to emit
                                                                                                             NSR program occurred on April 5, 1995                 Pb at a location and in such quantities
                                                    ii. Sub-Element 2: Preconstruction                       (60 FR 17226). Since this date,                       that contribute significantly to
                                                    Program for Major Sources and Major                      Massachusetts and EPA have relied on                  nonattainment in, or interfere with
                                                    Modifications                                            the existing minor NSR program to                     maintenance by, any other state, EPA
                                                       Sub-element 2 of section 110(a)(2)(C)                 ensure that new and modified sources                  anticipates that this would be a rare
                                                    requires that states provide for the                     not captured by the major NSR                         situation (e.g., sources emitting large
                                                    regulation of modification and                           permitting programs do not interfere                  quantities of Pb in close proximity to
                                                    construction of any stationary source as                 with attainment and maintenance of the                state boundaries). The 2011 Memo
                                                    necessary to assure that the NAAQS are                   1997 ozone, 2008 Pb, 2008 ozone, 2010                 suggests that the applicable interstate
                                                    achieved, including a program to meet                    NO2, and 2010 SO2 NAAQS.                              transport requirements of section
                                                    PSD and NNSR requirements. PSD                              In summary, we are proposing to find               110(a)(2)(D)(i)(I) with respect to Pb can
                                                    applies to new major sources or                          that Massachusetts has met the                        be met through a state’s assessment as
                                                    modifications made to major sources for                  enforcement related aspects of Section                to whether or not emissions from Pb
                                                    pollutants where the area in which the                   110(a)(2)(C) discussed above within sub-              sources located in close proximity to its
                                                    source is located is in attainment of, or                element 1, and the preconstruction                    borders have emissions that impact a
                                                    unclassifiable with regard to, the                       permitting requirements for minor                     neighboring state such that they
                                                    relevant NAAQS, and NNSR requires                        sources discussed in sub-element 3, for               contribute significantly to
                                                    similar actions in nonattainment areas.                  the 1997 ozone, 2008 Pb, 2008 ozone,                  nonattainment or interfere with
                                                       Massachusetts does not have an                        2010 NO2, and 2010 SO2 NAAQS. Also,                   maintenance in that state.
                                                    approved state PSD program and has                       we are proposing, pursuant to section                    Massachusetts’ infrastructure SIP
                                                    made no submittals addressing the PSD                    110(c)(1), to find that the state has failed          submission for the 2008 Pb NAAQS
                                                    sub-element of section 110(a)(2)(C). The                 to make required submissions related to               notes that there are no major sources of
                                                    Commonwealth has long been subject to                    major source preconstruction permitting               Pb emissions located in close proximity
                                                    a Federal Implementation Plan (FIP),                     for the 2010 NO2 and 2010 SO2 NAAQS                   to any of the state’s borders with
                                                    however, and has implemented and                         for the reasons provided in sub-element               neighboring states, or elsewhere in the
                                                    enforced the federal PSD program                         2 above.                                              state. Our review of data within our
                                                    through a delegation agreement. See 76                                                                         National Emissions Inventory (NEI)
                                                    FR 31241; May 31, 2011. Accordingly,                     D. Section 110(a)(2)(D)—Interstate                    database confirms this, and also
                                                    EPA is proposing a finding of failure to                 Transport                                             indicates that there is no group of
                                                    submit with respect to the PSD-related                      This section contains a                            sources anywhere within the state likely
                                                    requirements of this sub-element for the                 comprehensive set of air quality                      to emit enough Pb to cause ambient
                                                    2010 NO2 and 2010 SO2 NAAQS.3 See                        management elements pertaining to the                 concentrations to approach the Pb
                                                    CAA section 110(c)(1). This finding,                     transport of air pollution that states                NAAQS. Therefore, we propose that
                                                    however, does not trigger any additional                 must address. It covers the following 5               Massachusetts has met this set of
                                                    FIP obligation by the EPA under section                  topics, categorized as sub-elements:                  requirements related to section
                                                    110(c)(1), because the deficiency is                     Sub-element 1, Contribute to                          110(a)(2)(D)(i)(I) for the 2008 Pb
                                                    addressed by the FIP already in place.                   nonattainment, and interfere with                     NAAQS.
                                                                                                             maintenance of a NAAQS; Sub-element                      Massachusetts’ infrastructure SIP
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                                                       3 EPA has previously issued findings of failure to
                                                                                                             2, PSD; Sub-element 3, Visibility                     submission for the 2010 NO2 NAAQS
                                                    submit infrastructure SIPs addressing the PSD-           protection; Sub-element 4, Interstate                 notes that Massachusetts sources do not
                                                    related requirements of section 110(a)(2) for the
                                                    1997 ozone NAAQS, 73 FR 16205 (Mar. 27, 2008),           pollution abatement; and Sub-element                  contribute to non-attainment or
                                                    the 2008 ozone NAAQS, 78 FR 2882 (Jan. 15, 2013),        5, International pollution abatement.                 maintenance in other states, given that
                                                    and the 2008 Pb NAAQS, 78 FR 12961 (Feb. 26,             Sub-elements 1 through 3 above are                    all surrounding states are designated as
                                                    2013), and Massachusetts has made no additional
                                                    submissions to address the PSD-related
                                                                                                             found under section 110(a)(2)(D)(i) of                ‘‘unclassifiable/attainment.’’ This
                                                    requirements for these NAAQS since those previous        the Act, and these items are further                  statement is accurate, and indeed there
                                                    findings.                                                categorized into the 4 prongs discussed               are no NO2 nonattainment areas


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                                                    47138                  Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules

                                                    anywhere in the United States. 77 FR                     of 110(a)(2)(D)(i)(II) with respect to the            2008 ozone, 2010 NO2, and 2010 SO2
                                                    9532 (Feb. 17, 2012). We examined the                    PSD requirement, in the same manner as                NAAQS for this aspect of prong 3.
                                                    design values from NO2 monitors in                       discussed under element C above.
                                                    Massachusetts and neighboring states                     However, this finding will not trigger                iii. Sub-Element 3: Section
                                                    based on data collected between 2012                     any sanctions or additional FIP                       110(a)(2)(D)(i)(II)—Visibility Protection
                                                    and 2014. In Massachusetts, the highest                  obligation.                                           (Prong 4)
                                                    design value was 49 parts per billion                      Under prong 3 of 110(a)(2)(D)(i)(II),
                                                                                                                                                                      With regard to the applicable
                                                    (ppb)(versus the NO2 standard of 100                     EPA also reviews the potential for in-
                                                                                                                                                                   requirements for visibility protection of
                                                    ppb) at a monitor in Boston. The highest                 state sources not subject to PSD to
                                                                                                             interfere with PSD in an attainment or                section 110(a)(2)(D)(i)(II), states are
                                                    design value we found in a neighboring
                                                                                                             unclassifiable area of another state. EPA             subject to visibility and regional haze
                                                    state was 58 ppb in Queens, NY. We
                                                                                                             guidance recommends that a ‘‘fully                    program requirements under part C of
                                                    believe that with the continued
                                                    implementation of Massachusetts PSD                      approved nonattainment [new source                    the CAA (which includes sections 169A
                                                    FIP, and the Commonwealth’s NSR                          review (NNSR)] program with respect to                and 169B). The 2009 Memo, the 2011
                                                    regulations, the state’s low monitored                   any previous NAAQS may generally be                   Memo, and 2013 Memo state that these
                                                    values of NO2 will continue. In other                    considered by the EPA as adequate for                 requirements can be satisfied by an
                                                    words, the NO2 emissions from                            purposes of meeting this requirement of               approved SIP addressing reasonably
                                                    Massachusetts are not expected to cause                  prong 3 with respect to sources and                   attributable visibility impairment, if
                                                    or contribute to a violation of the 2010                 pollutants subject to such program.’’                 required, or an approved SIP addressing
                                                    NO2 NAAQS in another state, and these                    2013 Guidance at 32. EPA last approved                regional haze.
                                                    emissions are not likely to interfere with               the Commonwealth’s NNSR program on                       The Commonwealth’s Regional Haze
                                                    the maintenance of the 2010 NO2                          October 27, 2000. 65 FR 64360. Because                SIP was approved by EPA on September
                                                    NAAQS in another state. Therefore, we                    Massachusetts is located within the                   13, 2013. See 78 FR 57487. Accordingly,
                                                    propose that Massachusetts has met this                  Ozone Transport Region, see CAA                       EPA proposes that Massachusetts has
                                                    set of requirements related to section                   § 184(a), 42 U.S.C. 7511c(a), sources                 met the visibility protection
                                                    110(a)(2)(D)(i)(I) for the 2010 NO2                      emitting 50 tpy or more of NOX or VOCs                requirements of 110(a)(2)(D)(i)(II) for the
                                                    NAAQS.                                                   are subject to the requirements that                  1997 ozone, 2008 Pb, 2008 ozone, 2010
                                                      In today’s rulemaking, we are not                      would be applicable to major stationary               NO2, and 2010 SO2 NAAQS.
                                                    proposing to approve or disapprove                       sources if the area were classified as a
                                                    Massachusetts’ compliance with section                   moderate nonattainment area, CAA                      iv. Sub-Element 4: Section
                                                    110(a)(2)(D)(i)(I) with respect to the                   §§ 182(f)(1), 184(b)(2), 42 U.S.C. 7511a,             110(a)(2)(D)(ii)—Interstate Pollution
                                                    1997 ozone, 2008 ozone, or 2010 SO2                      7511c. In other words, even if located in             Abatement
                                                    NAAQS, since the Commonwealth’s SIP                      an area designated attainment for ozone,
                                                    revisions upon which we are acting                       such sources are not subject to PSD, but                 One aspect of section 110(a)(2)(D)(ii)
                                                    today do not include a submittal with                    rather, are to be subject to NNSR.                    requires each SIP to contain adequate
                                                    respect to transport for sub-element 1,                  Massachusetts’ SIP-approved NNSR                      provisions requiring compliance with
                                                    prongs 1 and 2 for these pollutants.                     regulations, however, apply by their                  the applicable requirements of section
                                                    Effective August 12, 2015, EPA found                     terms only to nonattainment areas,4                   126 relating to interstate pollution
                                                    that Massachusetts, among a number of                    meaning that sources of 50 tpy or more                abatement. Section 126(a) requires new
                                                    other states, had not made a complete                    of VOCs or NOX in much of                             or modified sources to notify
                                                    good neighbor SIP submittal for the                      Massachusetts are not covered by either               neighboring states of potential impacts
                                                    2008 ozone NAAQS to meet the                             the PSD FIP or the state’s EPA-approved               from the source. The statute does not
                                                    requirements of section                                  NNSR program and, thus, the state has                 specify the method by which the source
                                                    110(a)(2)(D)(i)(I). See 80 FR 39961 (July                not shown that it has met this                        should provide the notification. As
                                                    13, 2015).                                               requirement of prong 3. The                           mentioned elsewhere in this notice,
                                                    ii. Sub-Element 2: Section                               Commonwealth has promulgated and                      Massachusetts is currently subject to a
                                                    110(a)(2)(D)(i)(II)—PSD (Prong 3)                        implements NNSR regulations,                          PSD FIP and it did not make submittals
                                                                                                             however, that make the state’s NNSR                   addressing the PSD-related
                                                       One aspect of section                                 program applicable to such sources                    requirements of section 126(a).
                                                    110(a)(2)(D)(i)(II) requires SIPs to                     regardless of area designation. In a letter           Therefore, we are proposing to make a
                                                    include provisions prohibiting any                       dated June 14, 2016, the Commonwealth                 finding of failure to submit for section
                                                    source or other type of emissions                        committed to submitting for inclusion                 110(a)(2)(D)(ii) regarding PSD-related
                                                    activity in one state from interfering                   in the SIP, by a date no later than one               notice of interstate pollution with
                                                    with measures required to prevent                        year from conditional approval of                     respect to the 2010 NO2 and 2010 SO2
                                                    significant deterioration of air quality in              Massachusetts’ infrastructure                         NAAQS.5 This finding does not trigger
                                                    another state. A state’s infrastructure                  submissions, the necessary provisions
                                                    SIP submittal cannot be considered                                                                             any additional FIP obligation by the
                                                                                                             that would make its EPA-approved                      EPA under section 110(c)(1), because
                                                    approvable for prong 3 unless EPA has                    NSSR program applicable to such
                                                    issued final approval of the state’s PSD                                                                       the federal PSD rules address the
                                                                                                             sources. Accordingly, we propose to                   notification issue. See 40 CFR 52.21(q),
                                                    SIP, or alternatively, has issued final                  conditionally approve Massachusetts’
                                                    approval of a SIP that EPA has                                                                                 124.10(c)(vii); see also id. § 52.1165. Nor
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                                                                                                             submittals for the 1997 ozone, 2008 Pb,               does the finding trigger any sanctions.
                                                    otherwise found adequate to prohibit
                                                    interference with other states’ measures                                                                       Massachusetts has no obligations under
                                                                                                               4 At the time EPA last approved Massachusetts’
                                                    to prevent significant deterioration of air                                                                    any other provision of section 126.
                                                                                                             NNSR regulations (October 27, 2000; 65 FR at
                                                    quality.                                                 64361), the Western Massachusetts area was
                                                       As discussed under element C above,                   nonattainment for the one-hour ozone standard, and      5 As discussed earlier, supra n.3, EPA has

                                                                                                             the Eastern Massachusetts area was attaining the      previously issued findings of failure to submit for
                                                    Massachusetts is currently subject to a                  standard, but destined to become nonattainment as     Massachusetts for the PSD-related requirements of
                                                    PSD FIP. Therefore, we are proposing a                   of January 16, 2001, upon EPA’s reinstatement of      110(a)(2)(D)(ii) for the 1997 ozone, 2008 ozone, and
                                                    finding of failure to submit for prong 3                 the one-hour ozone NAAQS for that area.               2008 Pb NAAQS.



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                                                                           Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules                                              47139

                                                    v. Sub-Element 5: Section                                Commonwealth receives CAA section                       requirements of section 110(a)(2)(E)(ii)
                                                    110(a)(2)(D)(ii)—International Pollution                 103 and 105 grant funds through                         of the Clean Air Act, to approve them
                                                    Abatement                                                Performance Partnership agreements                      into the Massachusetts SIP, and,
                                                       One portion of section 110(a)(2)(D)(ii)               and provides state matching funds,                      consequently, to approve the
                                                    requires each SIP to contain adequate                    which together enable Massachusetts to                  Commonwealth’s ISIP submittals for
                                                                                                             carry out its SIP requirements. In light                section 110(a)(2)(E)(ii) for the 1997
                                                    provisions requiring compliance with
                                                                                                             of the foregoing, EPA proposes that                     ozone, 2008 Pb, 2008 ozone, 2010 NO2,
                                                    the applicable requirements of section
                                                                                                             Massachusetts has met the                               and 2010 SO2 NAAQS.
                                                    115 relating to international pollution
                                                                                                             infrastructure SIP requirements of this
                                                    abatement. Massachusetts does not have                                                                           F. Section 110(a)(2)(F)—Stationary
                                                                                                             portion of section 110(a)(2)(E) with
                                                    any pending obligations under section                                                                            Source Monitoring System
                                                                                                             respect to the 1997 ozone, 2008 Pb, 2008
                                                    115 for the 1997 ozone, 2008 Pb, 2008                                                                               States must establish a system to
                                                                                                             ozone, 2010 NO2, and 2010 SO2
                                                    ozone, 2010 NO2, and 2010 SO2                                                                                    monitor emissions from stationary
                                                                                                             NAAQS.
                                                    NAAQS. Therefore, EPA is proposing                                                                               sources and submit periodic emissions
                                                    that the Commonwealth has met the                        Sub-Element 2: State Board                              reports. Each plan shall also require the
                                                    applicable infrastructure SIP                            Requirements Under Section 128 of the                   installation, maintenance, and
                                                    requirements of section 110(a)(2)(D)(ii)                 CAA
                                                                                                                                                                     replacement of equipment, and the
                                                    related to section 115 of the CAA                           Section 110(a)(2)(E) also requires each              implementation of other necessary
                                                    (international pollution abatement) for                  SIP to contain provisions that comply                   steps, by owners or operators of
                                                    the 1997 ozone, 2008 Pb, 2008 ozone,                     with the state board requirements of                    stationary sources to monitor emissions
                                                    2010 NO2, and 2010 SO2 NAAQS.                            section 128(a) of the CAA. That                         from such sources. The state plan shall
                                                    E. Section 110(a)(2)(E)—Adequate                         provision contains two explicit                         also require periodic reports on the
                                                    Resources                                                requirements: (1) That any board or                     nature and amounts of emissions and
                                                                                                             body which approves permits or                          emissions-related data from such
                                                       This section requires each state to                   enforcement orders under this chapter                   sources, and correlation of such reports
                                                    provide for adequate personnel,                          shall have at least a majority of members               by each state agency with any emission
                                                    funding, and legal authority under state                 who represent the public interest and do                limitations or standards established
                                                    law to carry out its SIP, and related                    not derive any significant portion of                   pursuant to this chapter. Lastly, the
                                                    issues. Additionally, section                            their income from persons subject to                    reports shall be available at reasonable
                                                    110(a)(2)(E)(ii) requires each state to                  permits and enforcement orders under                    times for public inspection.
                                                    comply with the requirements with                        this chapter, and (2) that any potential                   Pursuant to M.G.L. c.111, sections
                                                    respect to state boards under section                    conflicts of interest by members of such                142A to 142D, MassDEP has the
                                                    128. Finally, section 110(a)(2)(E)(iii)                  board or body or the head of an                         necessary authority to maintain and
                                                    requires that, where a state relies upon                 executive agency with similar powers be                 operate air monitoring stations, and
                                                    local or regional governments or                         adequately disclosed.                                   coordinates with EPA in determining
                                                    agencies for the implementation of its                      Massachusetts does not have a state                  the types and locations of ambient air
                                                    SIP provisions, the state retain                         board that approves permits or                          monitors across the state. The
                                                    responsibility for ensuring adequate                     enforcement orders under the CAA.                       Commonwealth uses this authority to
                                                    implementation of SIP obligations with                   Instead, permits and enforcement orders                 collect information on air emissions
                                                    respect to relevant NAAQS. This last                     are approved by the Commissioner of                     from sources in the state. Additionally,
                                                    sub-element, however, is inapplicable to                 MassDEP. Thus, Massachusetts is not                     Massachusetts statutes and regulations
                                                    this action, because Massachusetts does                  subject to the requirements of paragraph                provide that emissions data shall be
                                                    not rely upon local or regional                          (a)(1) of section 128. As to the conflict               available for public inspection. See, e.g.,
                                                    governments or agencies for the                          of interest provisions of section                       M.G.L. c.111, section 142B; 310 CMR
                                                    implementation of its SIP provisions.                    128(a)(2), Massachusetts has cited to                   sections 3.33(5), 7.12(4)(b); 7.14(1). The
                                                    Sub-Element 1: Adequate Personnel,                       M.G.L. c. 268A, sections 6 and 6A of the                following SIP-approved regulations
                                                    Funding, and Legal Authority Under                       Commonwealth’s Conflict of Interest                     enable the accomplishment of the
                                                    State Law To Carry Out Its SIP, and                      law in its June 6, 2014 infrastructure SIP              Commonwealth’s emissions recording
                                                    Related Issues                                           submittal for the 2008 ozone, 2010 NO2,                 and reporting objectives:
                                                                                                             and 2010 SO2 NAAQS and requested                           1. 310 CMR 7.12, Source Registration.
                                                      Massachusetts, through its                             that these sections be included in the                     2. 310 CMR 7.13, Stack Testing.
                                                    infrastructure SIP submittals, has                       SIP to satisfy this infrastructure SIP                     3. 310 CMR 7.14, Monitoring Devices
                                                    documented that its air agency has the                   requirement.6 Pursuant to these state                   and Reports.
                                                    requisite authority and resources to                     provisions, state employees in                             EPA recognizes that Massachusetts
                                                    carry out its SIP obligations.                           Massachusetts, including the head of an                 routinely collects information on air
                                                    Massachusetts General Laws c. 111,                       executive agency with authority to                      emissions from its industrial sources
                                                    sections 142A to 142N, provide                           approve air permits or enforcement                      and makes this information available to
                                                    MassDEP with the authority to carry out                  orders, are required to disclose potential              the public. EPA, therefore, proposes that
                                                    the state’s implementation plan. The                     conflicts of interest to, among others,                 the Commonwealth has met the
                                                    Massachusetts SIP, as originally                         the state ethics commission. We are                     infrastructure SIP requirements of
                                                    submitted in 1971 and subsequently                                                                               section 110(a)(2)(F) with respect to the
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                                                                                                             proposing to find that M.G.L. c. 268A,
                                                    amended, provides descriptions of the                    sections 6 and 6A satisfy the                           1997 ozone, 2008 Pb, 2008 ozone, 2010
                                                    staffing and funding necessary to carry                                                                          NO2, and 2010 SO2 NAAQS.
                                                    out the plan. In the submittals, MassDEP                   6 In its June 6, 2014 submittal, Massachusetts also

                                                    provides assurances that it has adequate                 requested that M.G.L. c. 268A, section 7 be added       G. Section 110(a)(2)(G)—Emergency
                                                    personnel and funding to carry out the                   to the SIP. By letter dated June 14, 2016, however,     Powers
                                                                                                             Massachusetts withdrew section 7 from
                                                    SIP during the five years following                      consideration for inclusion in the SIP. Section 7
                                                                                                                                                                       This section requires that a plan
                                                    infrastructure SIP submission and in                     contains state-specific penalties that are not needed   provide for authority that is analogous
                                                    future years. Additionally, the                          to satisfy CAA section 110(a)(2)(E)(ii).                to what is provided in section 303 of the


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                                                    47140                  Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules

                                                    CAA, and adequate contingency plans                      significant harm levels and procedures                 2016, MassDEP has committed to
                                                    to implement such authority. Section                     for state emergency episode plans                      submitting for inclusion in the SIP, by
                                                    303 of the CAA provides authority to                     established by EPA in 40 CFR 51.150                    a date no later than one year from
                                                    the EPA Administrator to seek a court                    and 51.151.7 Finally, M.G.L. c.111,                    conditional approval of Massachusetts’
                                                    order to restrain any source from                        section 2B authorizes the state to seek                infrastructure submissions, a regulation
                                                    causing or contributing to emissions                     injunctive relief in the superior court for            satisfying the contingency plan
                                                    that present an ‘‘imminent and                           violation of an emergency order issued                 requirements of element G.
                                                    substantial endangerment to public                       by the MassDEP Commissioner. While                        With respect to Pb, we note that Pb is
                                                    health or welfare, or the environment.’’                 no single Massachusetts statute or                     not explicitly included in the
                                                    Section 303 further authorizes the                       regulation mirrors the authorities of                  contingency plan requirements of
                                                    Administrator to issue ‘‘such orders as                  CAA section 303, we propose to find                    subpart H. In addition, we note that
                                                    may be necessary to protect public                       that the combination of state statutes                 there are no large sources of Pb in
                                                    health or welfare or the environment’’ in                and regulations discussed herein                       Massachusetts. Specifically, a review of
                                                    the event that ‘‘it is not practicable to                provide for comparable authority to                    the National Emission Inventory shows
                                                    assure prompt protection . . . by                        immediately bring suit to restrain, and                that there are no sources of Pb in
                                                    commencement of such civil action.’’                     issue orders against, any person causing               Massachusetts that exceed EPA’s
                                                       We propose to find that the                           or contributing to air pollution that                  reporting threshold of 0.5 tons per year.
                                                    Commonwealth’s ISIP submittals                           presents an imminent and substantial                   Although not expected, if that situation
                                                    demonstrate that certain state statutes                  endangerment to public health or                       were to change, Massachusetts does
                                                    and regulations provide for authority                    welfare, or the environment.8                          have general authority (e.g., M.G.L. c.
                                                    comparable to that in section 303.                          Section 110(a)(2)(G) also requires that,            21A, section 8 and c. 111, section 2B)
                                                    Massachusetts’ submittals cite M.G.L.                    for any NAAQS, States have an                          to restrain any source from causing
                                                    c.111, section 2B, Air Pollution                         approved contingency plan for any Air                  imminent and substantial
                                                    Emergencies, which authorizes the                        Quality Control Region (AQCR) within                   endangerment.
                                                    Commissioner of the MassDEP to                           the state that is classified as Priority I,               Consequently, EPA proposes that
                                                    ‘‘declare an air pollution emergency’’ if                IA, or II. See 40 CFR 51.152(c). A                     Massachusetts has met the applicable
                                                    the Commissioner ‘‘determines that the                   contingency plan is not required if the                infrastructure SIP requirements of
                                                    condition or impending condition of the                  entire state is classified as Priority III for         section 110(a)(2)(G) with respect to the
                                                    atmosphere in the Commonwealth . . .                     a particular pollutant. Id. The entire                 2008 Pb NAAQS. Furthermore, because
                                                    constitutes a present or reasonably                      state is classified as Priority III for                all AQCRs in the state are classified as
                                                    imminent danger to health.’’ During                      nitrogen dioxide, but contains priority                Priority III for NO2, EPA also proposes
                                                    such an air pollution emergency, the                     classifications of I or II for particulate             that the Commonwealth has met the
                                                    Commissioner is authorized pursuant to                   matter, sulfur oxides, carbon monoxide,                applicable requirements of section
                                                    section 2B, to ‘‘take whatever action is                 and ozone. See 40 CFR 52.1121.                         110(a)(2)(G) for the 2010 NO2 NAAQS.
                                                    necessary to maintain and protect the                    Consequently, as relevant to this                      For the 1997 ozone, 2008 ozone, and
                                                    public health, including but not limited                 proposed rulemaking action,                            2010 SO2 NAAQS, EPA proposes to
                                                    to . . . prohibiting, restricting and                    Massachusetts’ SIP must contain an                     approve Massachusetts’ submittals with
                                                    conditioning emissions of dangerous or                   emergency contingency plan meeting                     respect to the CAA section 303
                                                    potentially dangerous air contaminants                   the specific requirements of 40 CFR                    comparable authority requirement of
                                                    from whatever source derived . . . .’’                   51.151 and 51.152 with respect to SO2                  element G, but to conditionally approve
                                                    Additionally, sections 2B and 2C                                                                                with respect to the contingency plan
                                                                                                             and ozone.9
                                                    authorize the Commissioner to issue                         Although Massachusetts has adopted                  requirements of element G, based on
                                                    emergency orders.                                        310 CMR 8.00, The Prevention and/or                    MassDEP’s commitment to submit a
                                                       Moreover, M.G.L. c. 21A, section 8                    Abatement of Air Pollution Episode and                 regulation satisfying such requirements
                                                    provides that, ‘‘[i]n regulating . . . any               Air Pollution Incident Emergencies,                    within one year of final action on the
                                                    pollution prevention, control or                         which is modeled on EPA’s example                      infrastructure submissions EPA is
                                                    abatement plan [or] strategy . . .                       regulations for emergency contingency                  evaluating in this notice.
                                                    through any . . . departmental action
                                                                                                             plans at 40 CFR part 51, appendix L, the               H. Section 110(a)(2)(H)—Future SIP
                                                    affecting or prohibiting the emission
                                                                                                             version of the regulation that is                      Revisions
                                                    . . . of any hazardous substance to the
                                                                                                             currently in the SIP does not fully                      This section requires that a state’s SIP
                                                    environment . . . the department may
                                                                                                             satisfy 40 CFR 51.152. For instance, it                provide for revision from time to time
                                                    consider the potential effects of such
                                                                                                             does not specify any ‘‘emission control                as may be necessary to take account of
                                                    plans [and] strategies . . . on public
                                                                                                             actions to be taken at each episode                    changes in the NAAQS or availability of
                                                    health and safety and the environment
                                                                                                             stage,’’ as required by 40 CFR                         improved methods for attaining the
                                                    . . . and said department shall act to
                                                                                                             51.152(a)(3). By letter dated June 14,                 NAAQS and whenever the EPA finds
                                                    minimize and prevent damage or threat
                                                    of damage to the environment.’’                            7 The Commonwealth’s Contaminant
                                                                                                                                                                    that the SIP is substantially inadequate.
                                                       These duties are implemented, in                      Concentration Levels are found within Table 1 of
                                                                                                                                                                    Massachusetts General Laws c. 111,
                                                    part, under MassDEP regulations at 310                   310 CMR 8.01, and match EPA’s levels from 40 CFR       section 142D provides in relevant part
                                                    CMR 8.00, Prevention and Abatement of                    part 51.151 with the exception of the averaging time   that, ‘‘From time to time the department
                                                    Air Pollution Episodes and Air Pollution                 used for ozone. Massachusetts uses a 1-hour            shall review the ambient air quality
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                                                                                                             averaging time, which is slightly more protective
                                                    Incident Emergencies, which EPA most                     that the 2-hour averaging time EPA provides for this
                                                                                                                                                                    standards and plans for implementation,
                                                    recently approved into the SIP on                        pollutant.                                             maintenance and attainment of such
                                                    October 4, 2002. See 67 FR 62184. These                    8 By letter dated June 14, 2016, MassDEP stated      standards adopted pursuant to this
                                                    regulations establish levels that would                  that it likewise interprets M.G.L. c.111, section 2B   section and, after public hearings, shall
                                                    constitute significant harm or imminent                  and M.G.L. c. 21A, section 8 as together providing     amend such standards and
                                                                                                             MassDEP with authority comparable to that granted
                                                    and substantial endangerment to health                   to the Administrator by CAA section 303.               implementation plan so as to minimize
                                                    for ambient concentrations of pollutants                   9 Those regulations do not specifically address      the economic cost of such standards and
                                                    subject to a NAAQS, consistent with the                  Pb. See also 40 CFR 51.150.                            plan for implementation, provided,


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                                                                           Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules                                                    47141

                                                    however, that such standards shall not                   110(a)(2)(J), but proposes a finding of               the 2010 NO2 and 2010 SO2 NAAQS,10
                                                    be less than the minimum federal                         failure to submit with respect to the                 and note that such a finding will not
                                                    standards.’’                                             FLM consultation requirement. Because                 result in any sanctions or new FIP
                                                      EPA proposes that Massachusetts has                    the federal PSD program, which                        obligations.
                                                    met the infrastructure SIP requirements                  Massachusetts implements and
                                                    of CAA section 110(a)(2)(H) with respect                                                                       iv. Sub-Element 4: Visibility Protection
                                                                                                             enforces, addresses the FLM
                                                    to the 1997 ozone, 2008 Pb, 2008 ozone,                  consultation requirement, a finding of                   With regard to the applicable
                                                    2010 NO2, and 2010 SO2 NAAQS.                            failure to submit will not result in                  requirements for visibility protection,
                                                                                                             sanctions or new FIP obligations.                     states are subject to visibility and
                                                    I. Section 110(a)(2)(I)—Nonattainment                                                                          regional haze program requirements
                                                    Area Plan or Plan Revisions Under Part                   ii. Sub-Element 2: Public Notification                under part C of the CAA (which
                                                    D                                                                                                              includes sections 169A and 169B). In
                                                       The CAA requires that each plan or                       Section 110(a)(2)(J) also requires                 the event of the establishment of a new
                                                    plan revision for an area designated as                  states to: Notify the public if NAAQS                 NAAQS, however, the visibility and
                                                    a nonattainment area meet the                            are exceeded in an area; advise the                   regional haze program requirements
                                                    applicable requirements of part D of the                 public of health hazards associated with              under part C do not change. Thus, we
                                                    CAA. Part D relates to nonattainment                     exceedances; and enhance public                       find that there is no new visibility
                                                    areas. EPA has determined that section                   awareness of measures that can be taken               obligation ‘‘triggered’’ under section
                                                    110(a)(2)(I) is not applicable to the                    to prevent exceedances and of ways in                 110(a)(2)(J) when a new NAAQS
                                                    infrastructure SIP process. Instead, EPA                 which the public can participate in                   becomes effective. In other words, the
                                                    takes action on part D attainment plans                  regulatory and other efforts to improve               visibility protection requirements of
                                                    through separate processes.                              air quality.                                          section 110(a)(2)(J) are not germane to
                                                                                                                Massachusetts regulations specify                  infrastructure SIPs for the 1997 ozone,
                                                    J. Section 110(a)(2)(J)—Consultation                                                                           2008 Pb, 2008 ozone, 2010 NO2, and
                                                    With Government Officials; Public                        criteria for air pollution episodes and
                                                                                                             incidents and provide for notice to the               2010 SO2 NAAQS.
                                                    Notifications; PSD; Visibility Protection
                                                                                                             public via news media and other means                 K. Section 110(a)(2)(K)—Air Quality
                                                       The evaluation of the submissions
                                                    from Massachusetts with respect to the                   of communication. See 310 CMR 8.00.                   Modeling/Data
                                                    requirements of CAA section 110(a)(2)(J)                 The Commonwealth also provides a                        To satisfy element K, the state air
                                                    are described below.                                     daily air quality forecast to inform the              agency must demonstrate that it has the
                                                                                                             public about concentrations of fine                   authority to perform air quality
                                                    i. Sub-Element 1: Consultation With                      particles and, during the ozone season,               modeling to predict effects on air
                                                    Government Officials                                     provides similar information for ozone.               quality of emissions of any NAAQS
                                                       Section 110(a)(2)(J) requires states to               Real time air quality data for NAAQS                  pollutant and submit such data to EPA
                                                    provide a process for consultation with                  pollutants are also available on the                  upon request.
                                                    local governments and Federal Land                       MassDEP’s Web site, as are information                  Pursuant to the authority granted by
                                                    Managers (FLMs) carrying out NAAQS                       about health hazards associated with                  M.G.L. c.111, sections 142B–142D, the
                                                    implementation requirements pursuant                     NAAQS pollutants and ways in which                    MassDEP has the authority to maintain
                                                    to Section 121 relating to consultation.                 the public can participate in regulatory              and operate air sampling stations and
                                                       Pursuant to EPA-approved                              efforts related to air quality. The                   devices, make or perform ‘‘such
                                                    Massachusetts regulations at 310 CMR                     Commonwealth is also an active partner                examinations, inspections, observations,
                                                    7.02(12)(g)(2), MassDEP notifies the                     in EPA’s AirNow and EnviroFlash air                   determinations, laboratory analyses, and
                                                    public ‘‘by advertisement in a                           quality alert programs, which notify the              surveys; maintain such records; and
                                                    newspaper having wide circulation’’ in                   public of air quality levels through                  perform such other acts as it deems
                                                    the area of the particular facility of the               EPA’s Web site, alerts, and press                     necessary to conduct an adequate air
                                                    opportunity to comment on certain                        releases. In light of the above, we                   pollution control program . . . .’’ The
                                                    proposed permitting actions and sends                    propose to find that Massachusetts has                agency is further authorized to require
                                                    ‘‘a copy of the notice of public comment                 met the infrastructure SIP requirements               sources to report monitoring and
                                                    to the applicant, the EPA, and officials                 of this portion of section 110(a)(2)(J)               emissions data. MassDEP accomplishes
                                                    and agencies having jurisdiction over                    with respect to the 1997 ozone, 2008 Pb,              these objectives via a number of
                                                    the community in which the facility is                   2008 ozone, 2010 NO2, and 2010 SO2                    regulations, including the following:
                                                    located, including local air pollution                   NAAQS.                                                310 CMR 7.02, Plan Approval and Emission
                                                    control agencies, chief executives of                                                                              Limitations;
                                                    said community, and any regional land                    iii. Sub-Element 3: PSD                               310 CMR 7.12, Source Registration;
                                                    use planning agency.’’ Massachusetts                                                                           310 CMR 7.14, Monitoring Devices and
                                                    did not make a submittal, however, with                     States must meet applicable                            Reports; and,
                                                    respect to the requirement to consult                    requirements of section 110(a)(2)(C)                  310 CMR 7.00, Appendix A—Emissions
                                                                                                             related to PSD. The Commonwealth’s                        Offsets and Nonattainment Review.
                                                    with FLMs. As previously mentioned,
                                                    Massachusetts does not have an                           PSD program in the context of                           The state also collaborates with the
                                                    approved state PSD program, but rather                   infrastructure SIPs has already been                  Ozone Transport Commission (OTC),
                                                    is subject to a PSD FIP. The FIP includes                discussed in the paragraphs addressing                the Mid-Atlantic Regional Air
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                                                    a provision requiring consultation with                  sections 110(a)(2)(C), 110(a)(2)(D)(i)(II),           Management Association, and EPA in
                                                    FLMs. See 40 CFR 52.21(p).                               and 110(a)(2)(D)(ii), and our proposed                order to perform large scale urban
                                                    Consequently, with respect to the 1997                   actions for those sections are consistent             airshed modeling. EPA proposes that
                                                    ozone, 2008 Pb, 2008 ozone, 2010 NO2,                    with the proposed actions for this
                                                    and 2010 SO2 NAAQS, EPA proposes                         portion of section 110(a)(2)(J).                        10 As discussed earlier, supra n.3, EPA has

                                                                                                             Specifically, we propose a finding of                 previously issued findings of failure to submit for
                                                    that Massachusetts has met the                                                                                 Massachusetts for PSD-related infrastructure
                                                    consultation with local governments                      failure to submit with respect to the PSD             requirements for the 1997 ozone, 2008 ozone, and
                                                    requirement of this portion of section                   sub-element of section 110(a)(2)(J) for               2008 Pb NAAQS.



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                                                    47142                           Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules

                                                    Massachusetts has met the                                                   infrastructure SIP requirements of                                    administrative actions on local
                                                    infrastructure SIP requirements of                                          section 110(a)(2)(L) for the 1997 ozone,                              governments. Therefore, EPA proposes
                                                    section 110(a)(2)(K) with respect to the                                    2008 Pb, 2008 ozone, 2010 NO2, and                                    that Massachusetts has met the
                                                    1997 ozone, 2008 Pb, 2008 ozone, 2010                                       2010 SO2 NAAQS.                                                       infrastructure SIP requirements of
                                                    NO2, and 2010 SO2 NAAQS.                                                                                                                          section 110(a)(2)(M) with respect to the
                                                                                                                                M. Section 110(a)(2)(M)—Consultation/
                                                    L. Section 110(a)(2)(L)—Permitting Fees                                                                                                           1997 ozone, 2008 Pb, 2008 ozone, 2010
                                                                                                                                Participation by Affected Local Entities                              NO2, and 2010 SO2 NAAQS.
                                                       This section requires SIPs to mandate
                                                    that each major stationary source pay                                          To satisfy element M, states must                                  V. What action is EPA taking?
                                                    permitting fees to cover the cost of                                        consult with, and allow participation
                                                    reviewing, approving, implementing,                                         from, local political subdivisions                                      EPA is proposing to approve most
                                                    and enforcing a permit.                                                     affected by the SIP. Pursuant to M.G.L.                               portions of the SIP submissions from
                                                       Massachusetts implements and                                             c.111, section 142D, MassDEP must                                     Massachusetts certifying that its current
                                                    operates the Title V permit program,                                        hold public hearings prior to revising its                            SIP is sufficient to meet the required
                                                    which EPA approved on September 28,                                         SIP. In addition, M.G.L. c. 30A,                                      infrastructure elements under sections
                                                    2001. See 66 FR 49541. In addition,                                         Massachusetts Administrative                                          110(a)(1) and (2) for the 1997 ozone,
                                                    M.G.L. c. 21A, section 18 authorizes                                        Procedures Act, requires MassDEP to                                   2008 Pb, 2008 ozone, 2010 NO2, and
                                                    MassDEP to promulgate regulations                                           provide notice and the opportunity for                                2010 SO2 NAAQS, with the exception of
                                                    establishing fees. To collect fees from                                     public comment and hearing prior to                                   certain aspects relating to PSD which
                                                    sources of air emissions, the MassDEP                                       adoption of any regulation. Moreover,                                 we have either already made, or are
                                                    promulgated and implements 310 CMR                                          the Commonwealth’s Executive Order                                    proposing, a finding of failure to submit.
                                                    4.00, Timely Action Schedule and Fee                                        No. 145 requires state agencies,                                      Additionally, we are proposing to
                                                    Provisions. These regulations set permit                                    including MassDEP, to provide notice to                               conditionally approve several aspects of
                                                    compliance fees, including fees for Title                                   the Local Government Advisory                                         the Commonwealth’s submittals. EPA’s
                                                    V operating permits. EPA proposes that                                      Committee to solicit input on the impact                              proposed action for each element for
                                                    the Commonwealth has met the                                                of proposed regulations and other                                     each NAAQS is stated in Table 1 below.

                                                                           TABLE 1—PROPOSED ACTION ON MA INFRASTRUCTURE SIP SUBMITTALS FOR VARIOUS NAAQS
                                                                                                                                                                                           1997         2008           2008     2010        2010
                                                                                                              Element                                                                      Ozone         Pb            Ozone    NO2         SO2

                                                    (A): Emission limits and other control measures .........................................................                                CA          CA             CA       CA          CA
                                                    (B): Ambient air quality monitoring and data system ..................................................                                    A          A              A        A           A
                                                    (C)(i): Enforcement of SIP measures ..........................................................................                           A           A               A       A           A
                                                    (C)(ii): PSD program for major sources and major modifications ...............................                                           PF          PF             PF       FS          FS
                                                    (C)(iii): Permitting program for minor sources and minor modifications .....................                                             A           A              A        A            A
                                                    (D)(i)(I): Contribute to nonattainment/interfere with maintenance of NAAQS (prongs
                                                       1 and 2) ....................................................................................................................         NI           A             NS       A          NS
                                                    (D)(i)(II): PSD (prong 3) ...............................................................................................              PF/CA        PF/CA          PF/CA   FS/CA       FS/CA
                                                    (D)(i)(II): Visibility Protection (prong 4) ........................................................................                     A            A              A       A           A
                                                    (D)(ii): Interstate Pollution Abatement .........................................................................                       PF           PF             PF      FS          FS
                                                    (D)(ii): International Pollution Abatement .....................................................................                         A            A              A       A           A
                                                    (E)(i): Adequate resources ...........................................................................................                   A            A              A       A           A
                                                    (E)(ii): State boards ......................................................................................................             A            A              A       A           A
                                                    (E)(iii): Necessary assurances with respect to local agencies ....................................                                      NA           NA             NA      NA          NA
                                                    (F): Stationary source monitoring system ....................................................................                            A            A              A       A           A
                                                    (G): Emergency power .................................................................................................                  CA            A             CA       A          CA
                                                    (H): Future SIP revisions .............................................................................................                  A            A              A       A           A
                                                    (I): Nonattainment area plan or plan revisions under part D ......................................                                       +            +              +       +           +
                                                    (J)(i): Consultation with government officials ...............................................................                          FS           FS             FS      FS          FS
                                                    (J)(ii): Public notification ...............................................................................................             A            A              A       A           A
                                                    (J)(iii): PSD ...................................................................................................................       PF           PF             PF      FS          FS
                                                    (J)(iv): Visibility protection ............................................................................................              +            +              +       +           +
                                                    (K): Air quality modeling and data ...............................................................................                       A            A              A       A           A
                                                    (L): Permitting fees ......................................................................................................              A            A              A       A           A
                                                    (M): Consultation and participation by affected local entities ......................................                                    A            A              A       A           A
                                                       In the above table, the key is as follows:
                                                       A—Approve.
                                                       CA—Conditional approval.
                                                       FS—Finding of failure to submit.
                                                       NA—Not applicable.
                                                       NI—Not included in submittal we are acting on in today’s action.
                                                       NS—No Submittal.
                                                       PF—Prior finding of failure to submit.
                                                       +—Not germane to infrastructure SIPs.
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                                                      In addition, we are proposing to                                          CFR 52.1160 regarding Massachusetts                                   and note that in light of the PSD FIP,
                                                    incorporate into the Massachusetts SIP                                      LEV in that it is legally obsolete.                                   this finding will not result in sanctions
                                                    sections 6 and 6A of the state’s Conflict                                     As shown in Table 1, we are                                         or new FIP obligations. Additionally, we
                                                    of Interest law, which the                                                  proposing to issue a finding of failure to                            are also proposing to issue findings of
                                                    Commonwealth submitted on June 6,                                           submit for sub-element J(i) pertaining to                             failure to submit with respect to the
                                                    2014, and are proposing to remove 40                                        the requirement for consultation with                                 PSD-related elements in sections
                                                                                                                                FLMs for all five of the cited NAAQS,                                 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for



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                                                                           Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules                                            47143

                                                    the 2010 NO2 and 2010 SO2 NAAQS. As                      110(a)(2)(D)(i)(II); and, submit a                    VII. Statutory and Executive Order
                                                    noted above, Massachusetts is already                    regulation addressing the contingency                 Reviews
                                                    subject to a FIP for PSD, and so EPA                     plan requirement of section 110(a)(2)(G).                Under the CAA, the Administrator is
                                                    will have no additional FIP obligations                  If the State fails to do so, this action will         required to approve a SIP submission
                                                    under section 110(c) of the Act if this                  become a disapproval one year from the                that complies with the provisions of the
                                                    action is finalized as proposed.                         date of final approval. EPA will notify               Act and applicable Federal regulations.
                                                    Furthermore, the state will not be                       the State by letter that this action has              42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                    subject to mandatory sanctions as a                      occurred. At that time, these                         Thus, in reviewing SIP submissions,
                                                    result of these actions.                                 commitments will no longer be a part of               EPA’s role is to approve state choices,
                                                       EPA is proposing to conditionally                     the approved Massachusetts SIP. EPA                   provided that they meet the criteria of
                                                    approve an aspect of the                                 subsequently will publish a document
                                                    Commonwealth’s submittal for element                                                                           the Clean Air Act. Accordingly, this
                                                                                                             in the Federal Register notifying the                 proposed action merely approves state
                                                    110(a)(2)(A) pertaining to ambient air                   public that the conditional approval(s)
                                                    quality standards because the current,                                                                         law as meeting Federal requirements
                                                                                                             automatically converted to a                          and does not impose additional
                                                    SIP-approved version of 310 CMR 7.00,                    disapproval(s). If the State meets its
                                                    Air Pollution Control, does not reflect                                                                        requirements beyond those imposed by
                                                                                                             commitments within the applicable                     state law. For that reason, this proposed
                                                    the current version of the various                       time frame, the conditionally approved
                                                    NAAQS we are proposing to act on in                                                                            action:
                                                                                                             submissions will remain a part of the                    • Is not a significant regulatory action
                                                    this rulemaking. However, by letter                      SIP until EPA takes final action
                                                    dated June 14, 2016, the Commonwealth                                                                          subject to review by the Office of
                                                                                                             approving or disapproving them. If EPA                Management and Budget under
                                                    committed to add a definition of                         disapproves the new submittals, the
                                                    NAAQS 310 CMR 7.00 that includes a                                                                             Executive Orders 12866 (58 FR 51735,
                                                                                                             conditionally approved regulations will               October 4, 1993) and 13563 (76 FR 3821,
                                                    calendar date to address this issue. For                 also be disapproved at that time. If EPA
                                                    this reason, EPA is proposing to                                                                               January 21, 2011);
                                                                                                             approves the submittals, the regulations                 • Does not impose an information
                                                    conditionally approve this SIP revision                  will be fully approved in its entirety and
                                                    provided that the Commonwealth                                                                                 collection burden under the provisions
                                                                                                             replace the conditionally approved                    of the Paperwork Reduction Act (44
                                                    submits to EPA an updated version of                     program in the SIP. If EPA determines
                                                    310 CMR 7.00. Additionally, we are                                                                             U.S.C. 3501 et seq.);
                                                                                                             that it cannot issue a final conditional                 • Is certified as not having a
                                                    proposing to conditionally approve the                   approval or if the conditional approvals
                                                    Commonwealth’s submittals for element                                                                          significant economic impact on a
                                                                                                             are converted to disapprovals, such                   substantial number of small entities
                                                    110(a)(2)(G) pertaining to contingency                   action will trigger the Federal
                                                    plans for the 1997 and 2008 ozone                                                                              under the Regulatory Flexibility Act (5
                                                                                                             implementation plan (FIP) requirement                 U.S.C. 601 et seq.);
                                                    NAAQS, and 2010 SO2 NAAQS,                               under section 110(c).
                                                    pursuant to Massachusetts commitment                                                                              • Does not contain any unfunded
                                                    within their June 14, 2016 letter, to                       EPA is soliciting public comments on               mandate or significantly or uniquely
                                                    submit a regulation meeting the                          the issues discussed in this proposal or              affect small governments, as described
                                                    contingency plan requirement of                          on other relevant matters. These                      in the Unfunded Mandates Reform Act
                                                    element 110(a)(2)(G) by a date no later                  comments will be considered before                    of 1995 (Pub. L. 104–4);
                                                    than one year from EPA’s final action on                 EPA takes final action. Interested parties               • Does not have Federalism
                                                    these infrastructure SIPs. And last, we                  may participate in the Federal                        implications as specified in Executive
                                                    are proposing to conditionally approve                   rulemaking procedure by submitting                    Order 13132 (64 FR 43255, August 10,
                                                    the aspect of 110(a)(2)(D)(i)(II) for the                written comments to the EPA New                       1999);
                                                    1997 ozone, 2008 Pb, 2008 ozone, 2010                    England Regional Office listed in the                    • Is not an economically significant
                                                    NO2, and 2010 SO2 NAAQS pertaining                       ADDRESSES section of this Federal                     regulatory action based on health or
                                                    to the Commonwealth’s NNSR program                       Register, or by submitting comments                   safety risks subject to Executive Order
                                                    pursuant to the state’s June 14, 2016                    electronically, by mail, or through hand              13045 (62 FR 19885, April 23, 1997);
                                                    letter committing to submit portions of                  delivery/courier following the                           • Is not a significant regulatory action
                                                    310 CMR 7.00: Appendix A, to EPA as                      directions in the ADDRESSES section of                subject to Executive Order 13211 (66 FR
                                                    a SIP revision request by one year from                  this Federal Register.                                28355, May 22, 2001);
                                                    our final action on these ISIPs.                         VI. Incorporation by Reference                           • Is not subject to requirements of
                                                       Under section 110(k)(4) of the Act,                                                                         section 12(d) of the National
                                                    EPA may conditionally approve a plan                       In this rulemaking, the EPA is                      Technology Transfer and Advancement
                                                    based on a commitment from the State                     proposing to include in a final EPA rule              Act of 1995 (15 U.S.C. 272 note) because
                                                    to adopt specific enforceable measures                   regulatory text that includes                         application of those requirements would
                                                    by a date certain, but not later than one                incorporation by reference. In                        be inconsistent with the Clean Air Act;
                                                    year from the date of approval. If EPA                   accordance with requirements of 1 CFR                 and
                                                    conditionally approves these                             51.5, the EPA is proposing to                            • Does not provide EPA with the
                                                    commitments in a final rulemaking                        incorporate by reference into the                     discretionary authority to address, as
                                                    action, Massachusetts must meet its                      Massachusetts SIP M.G.L c. 268A,                      appropriate, disproportionate human
                                                    commitments to: Submit an updated                        sections 6 and 6A of the                              health or environmental effects, using
                                                    version of 310 CMR 7.00, Air Pollution                   Commonwealth’s Conflict of Interest                   practicable and legally permissible
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                                                    Control, containing a calendar date to                   law submitted to EPA on June 6, 2014.                 methods, under Executive Order 12898
                                                    clarify which NAAQS are being                            The EPA has made, and will continue                   (59 FR 7629, February 16, 1994).
                                                    referenced, to fully meet the                            to make, this document generally                         In addition, the SIP is not approved
                                                    requirements of element 110(a)(2)(A);                    available electronically through                      to apply on any Indian reservation land
                                                    submit revisions to its SIP-approved                     www.regulations.gov and/or in hard                    or in any other area where EPA or an
                                                    nonattainment new source review                          copy at the appropriate EPA office (see               Indian tribe has demonstrated that a
                                                    regulations to fully meet the                            the ADDRESSES section of this preamble                tribe has jurisdiction. In those areas of
                                                    requirements of element                                  for more information).                                Indian country, the rule does not have


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                                                    47144                  Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules

                                                    tribal implications and will not impose                  information you consider to be                        County, Kentucky. The Ohio portion of
                                                    substantial direct costs on tribal                       Confidential Business Information (CBI)               the nonattainment area contains the
                                                    governments or preempt tribal law as                     or other information whose disclosure is              Walter C. Beckjord power plant
                                                    specified by Executive Order 13175 (65                   restricted by statute. Multimedia                     (Beckjord plant). The Kentucky portion
                                                    FR 67249, November 9, 2000).                             submissions (audio, video, etc.) must be              of the nonattainment area has less than
                                                                                                             accompanied by a written comment.                     nine tons of total SO2 emissions per
                                                    List of Subjects in 40 CFR Part 52
                                                                                                             The written comment is considered the                 year, but it contains the SO2 monitor
                                                      Environmental protection, Air                          official comment and should include                   which had violated the SO2 standard as
                                                    pollution control, Incorporation by                      discussion of all points you wish to                  of 2011.
                                                    reference, Intergovernmental relations,                  make. EPA will generally not consider                    By April 4, 2015, Ohio and Kentucky
                                                    Lead, Nitrogen dioxide, Ozone,                           comments or comment contents located                  were required to submit nonattainment
                                                    Particulate matter, Sulfur Oxides,                       outside of the primary submission (i.e.               plan SIPs that meet the requirements of
                                                    Reporting and recordkeeping                              on the web, cloud, or other file sharing              sections 172(c) and 191–192 of the CAA,
                                                    requirements.                                            system). For additional submission                    and provide for attainment of the
                                                      Dated: July 5, 2016.                                   methods, please contact the person                    NAAQS as expeditiously as practicable,
                                                    H. Curtis Spalding,                                      identified in the FOR FURTHER                         but no later than October 4, 2018. Ohio’s
                                                                                                             INFORMATION CONTACT section. For the                  analysis found the Beckjord plant to be
                                                    Regional Administrator, EPA New England.
                                                                                                             full EPA public comment policy,                       the main contributor to SO2 monitored
                                                    [FR Doc. 2016–17069 Filed 7–19–16; 8:45 am]
                                                                                                             information about CBI or multimedia                   levels in the nonattainment area. In
                                                    BILLING CODE 6560–50–P
                                                                                                             submissions, and general guidance on                  2011, the Beckjord plant had reported
                                                                                                             making effective comments, please visit               90,835 tons of SO2 emissions. However,
                                                    ENVIRONMENTAL PROTECTION                                 http://www2.epa.gov/dockets/                          in late 2014, the Beckjord plant
                                                    AGENCY                                                   commenting-epa-dockets.                               permanently ceased operations. Its coal-
                                                                                                             FOR FURTHER INFORMATION CONTACT:                      fired electricity generating units were
                                                    40 CFR Parts 52 and 81                                   Mary Portanova, Environmental                         shut down as of September 2014, and its
                                                                                                             Engineer, Control Strategies Section, Air             oil-fired units ceased operations by the
                                                    [EPA–R05–OAR–2015–0599; FRL–9949–28–
                                                    Region 5]
                                                                                                             Programs Branch (AR–18J),                             end of 2014. Sulfur dioxide emissions at
                                                                                                             Environmental Protection Agency,                      the Beckjord plant totaled 32,603 tons in
                                                    Designation of Areas for Air Quality                     Region 5, 77 West Jackson Boulevard,                  2014, and zero tons in 2015. Currently,
                                                    Planning Purposes; Ohio;                                 Chicago, Illinois 60604, (312) 353–5954,              the total point, area, and mobile source
                                                    Redesignation of the Ohio Portion of                     portanova.mary@epa.gov.                               SO2 emissions in the entire Campbell-
                                                    the Campbell-Clermont KY-OH Sulfur                       SUPPLEMENTARY INFORMATION:                            Clermont KY-OH nonattainment area
                                                    Dioxide Nonattainment Area                               Throughout this document whenever                     are approximately 17 tons per year (tpy).
                                                                                                             ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           Because of the significant, permanent
                                                    AGENCY:  Environmental Protection                        EPA. This SUPPLEMENTARY INFORMATION                   and enforceable reduction in SO2
                                                    Agency (EPA).                                            section is arranged as follows:                       emissions affecting the nonattainment
                                                    ACTION: Proposed rule.                                                                                         area, and because the Campbell County
                                                                                                             I. Background
                                                                                                             II. Redesignation Requirements                        SO2 monitor’s three-year SO2 design
                                                    SUMMARY:   In accordance with the Clean                                                                        value 1 for 2012–2014 had fallen below
                                                                                                             III. Determination of Attainment
                                                    Air Act (CAA), the Environmental                         IV. Ohio’s Section 110(k) SIP                         the SO2 NAAQS, Ohio chose to submit
                                                    Protection Agency (EPA) is proposing to                  V. Permanent and Enforceable Emission                 a redesignation request in 2015, in lieu
                                                    redesignate the Ohio portion of the                            Reductions                                      of a nonattainment SIP. On August 11,
                                                    Campbell-Clermont KY-OH sulfur                           VI. Requirements for the Area Under Section           2015, the Ohio Environmental
                                                    dioxide (SO2) nonattainment area from                          110 and Part D
                                                                                                             VII. Maintenance Plan
                                                                                                                                                                   Protection Agency (Ohio EPA)
                                                    nonattainment to attainment. The Ohio                                                                          submitted its request to EPA to
                                                    portion of this area consists of Pierce                  VIII. What action is EPA taking?
                                                                                                             IX. Statutory and Executive Order Reviews             redesignate the Ohio portion of the
                                                    Township in Clermont County, Ohio.                                                                             Campbell-Clermont KY-OH
                                                    EPA is also proposing to approve Ohio’s                  I. Background                                         nonattainment area to attainment. For
                                                    maintenance plan submitted on August                        On June 2, 2010 (75 FR 35520, June                 the reasons set forth in this document,
                                                    11, 2015. The primary emission source                    22, 2010), EPA established a revised                  EPA is proposing to redesignate the area
                                                    in the area has permanently closed, and                  primary SO2 national ambient air                      to attainment.
                                                    the air quality in the area is now                       quality standard (NAAQS) of 75 parts
                                                    meeting the SO2 standard.                                                                                      II. Redesignation Requirements
                                                                                                             per billion (ppb), which is met at a
                                                    DATES: Comments must be received on                      monitoring site when the three-year                     Under CAA section 107(d)(3)(E), there
                                                    or before August 19, 2016.                               average of the 99th percentile of daily               are five criteria which must be met
                                                    ADDRESSES: Submit your comments,                         maximum one-hour concentrations does                  before a nonattainment area may be
                                                    identified by Docket ID No. EPA–R05–                     not exceed 75 ppb. On August 5, 2013                  redesignated to attainment.
                                                    OAR–2015–0599 at http://                                 (78 FR 47191), EPA published its initial                1. EPA has determined that the
                                                    www.regulations.gov or via email to                      air quality designations for the SO2                  relevant NAAQS has been attained in
                                                    persoon.carolyn@epa.gov. For                             NAAQS based upon air quality
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                                                                                                                                                                   the area.
                                                    comments submitted at Regulations.gov,                   monitoring data for calendar years
                                                    follow the online instructions for                       2009–2011. In that action, the Campbell-                1 The design value is a statistic computed
                                                    submitting comments. Once submitted,                     Clermont KY-OH area was designated                    according to the data handling procedures of the
                                                    comments cannot be edited or removed                     nonattainment for the SO2 NAAQS. The                  NAAQS (in 40 CFR part 50 appendix T) that, by
                                                    from Regulations.gov. For either manner                  Campbell-Clermont KY-OH                               comparison to the level of the NAAQS, indicates
                                                                                                                                                                   whether the area is violating the NAAQS. For SO2,
                                                    of submission, EPA may publish any                       nonattainment area is comprised of                    the design value is the three-year average of the
                                                    comment received to its public docket.                   Pierce Township in Clermont County,                   annual 99th percentile of one-hour daily maximum
                                                    Do not submit electronically any                         Ohio, and five census tracts in Campbell              concentrations.



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Document Created: 2018-02-08 07:57:02
Document Modified: 2018-02-08 07:57:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before August 19, 2016.
ContactBob McConnell, Environmental Engineer, Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts, 02109-3912; (617) 918-1046; [email protected]
FR Citation81 FR 47133 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Sulfur Oxides and Reporting and Recordkeeping Requirements

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