81 FR 93627 - Air Plan Approval; MA; Infrastructure State Implementation Plan Requirements
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 245 (December 21, 2016)
Federal Register Volume 81, Issue 245 (December 21, 2016)
| Page Range | 93627-93631 | |
| FR Document | 2016-30466 |
[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)] [Rules and Regulations] [Pages 93627-93631] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30466] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2014-0720; A-1-FRL-9952-94-Region 1] Air Plan Approval; MA; Infrastructure State Implementation Plan Requirements AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving 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 [[Page 93628]] (NO2 ), and 2010 sulfur dioxide (SO2 ) National Ambient Air Quality Standards (NAAQS). EPA is also conditionally approving three aspects of the Commonwealth's submittals. In addition, we are also making findings of failure to submit pertaining to various aspects of the prevention of significant deterioration (PSD) requirements of infrastructure SIPs. Lastly, we are removing 40 CFR 52.1160 as legally obsolete. This action is being taken in accordance with the Clean Air Act. DATES: This rule is effective on January 20, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2014-0720. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available at http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. 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. The term ``the Commonwealth'' refers to the state of Massachusetts. Organization of this document. The following outline is provided to aid in locating information in this preamble. I. Background and Purpose II. Final Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. Background and Purpose On July 20, 2016 (81 FR 47133), EPA published a Notice of Proposed Rulemaking (NPR) for the State of Massachusetts which proposed approval of most elements of SIP submissions from the Commonwealth regarding the infrastructure requirements of the CAA for the 1997 ozone, 2008 lead, 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS, proposed to conditionally approve three aspects of the Commonwealth's submittals, and proposed findings of failure to submit pertaining to various aspects of the PSD requirements of infrastructure SIPs. Additionally, we proposed to remove 40 CFR 52.1160 as legally obsolete. The Commonwealth submitted its infrastructure State Implementation Plan (ISIP) for the 1997 ozone NAAQS on December 14, 2007, its ISIP for the 2008 Pb NAAQS on December 4, 2012, and its ISIPs for the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS on June 6, 2014. 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. Table 1 below provides a summary of the actions we are taking on the various portions of the Commonwealth's infrastructure submittals. Table 1--Final 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 CA CA CA CA CA control measures. (B): Ambient air quality A A A A A monitoring and data system. (C)(i): Enforcement of SIP A A A A A measures. (C)(ii): PSD program for major PF PF PF FS FS sources and major modifications. (C)(iii): Permitting program for A A A A A minor sources and minor modifications. (D)(i)(I): Contribute to NI A NS A NS nonattainment/interfere 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 A A A A A Protection (prong 4). (D)(ii): Interstate Pollution PF PF PF FS FS Abatement. (D)(ii): International Pollution A A A A A Abatement. (E)(i): Adequate resources...... A A A A A (E)(ii): State boards........... A A A A A (E)(iii): Necessary assurances NA NA NA NA NA with respect to local agencies. (F): Stationary source A A A A A monitoring system. (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 FS FS FS FS FS government officials. (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 A A A A A data. (L): Permitting fees............ A A A A A (M): Consultation and A A A A A participation by affected local entities. -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 93629]] 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. ------------------------------------------------------------------------ The specific requirements of ISIPs and the rationale for EPA's proposed actions on the Commonwealth's submittals are explained in the NPR and will not be restated here. No public comments were received on the NPR. II. Final Action EPA is approving most portions of Massachusetts ISIP submittals for the 1997 ozone, 2008 lead, 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS as outlined within Table 1 of this final rulemaking. Additionally, EPA is conditionally approving three portions of these submittals. First, for the five NAAQS listed within Table 1 we are conditionally approving an aspect of the Commonwealth's submittals 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 taking action on in this rulemaking. However, by letter dated June 14, 2016, the Commonwealth committed to rectify this deficiency by adding a definition of NAAQS to 310 CMR 7.00 that includes a calendar date to address this issue. Therefore, EPA is conditionally approving this SIP revision. Second, we are conditionally approving the Commonwealth's submittals for element 110(a)(2)(G) pertaining to contingency plans for the 1997 ozone, 2008 ozone, 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). And last, we are conditionally approving the aspect of 110(a)(2)(D)(i)(II) for the five NAAQS listed within Table 1 pertaining to the Commonwealth's Nonattainment New Source Review (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. Massachusetts must make the above mentioned submittals to EPA by a date no later than one year from EPA's final action on these infrastructure SIPs. If the Commonwealth fails to do so, this approval will become a disapproval on that date, and we will notify Massachusetts by letter that this action has occurred. At that time, this commitment will no longer be a part of the approved Massachusetts SIP. EPA subsequently will publish a notice in the notice section of the Federal Register notifying the public that the conditional approval automatically converted to a disapproval. 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 the new legislative authority. If EPA disapproves the new submittal, these conditionally approved aspects of the Commonwealth's ISIPs will also be disapproved at that time. If EPA approves the Commonwealth's submittals, they will be fully approved in their entirety and replace the conditionally approved items in the Massachusetts SIP. If the conditional approval is converted to a disapproval, the final disapproval triggers the Federal implementation plan (FIP) requirement under section 110(c). As noted within Table 1 of this final rulemaking notice, we are also making findings of failure to submit for the aspects of the Commonwealth's ISIPs noted within CAA sections 110(a)(2)(C)(ii), (D)(i)(II), (D)(ii), J(i), and J(iii). These findings relate to inadequacies with Massachusetts' program for the prevention of significant deterioration (PSD), and are elaborated on within our July 20, 2016 NPR. As mentioned in our proposed rulemaking, the Commonwealth is subject to a PSD Federal Implementation Plan (FIP), and has implemented and enforced the federal PSD program through a delegation agreement. See 76 FR 31241; May 31, 2011. Therefore, our findings of failure to submit will 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. Furthermore, as proposed, we are incorporating 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 removing 40 CFR 52.1160 regarding Massachusetts Low Emission Vehicle program in that this section is legally obsolete. III. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of M.G.L c. 268A, sections 6 and 6A of the Commonwealth's Conflict of Interest law submitted to EPA on June 6, 2014, as described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available through http://www.regulations.gov. IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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 [[Page 93630]] Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 21, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (see section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: September 13, 2016. H. Curtis Spalding, Regional Administrator, EPA New England. Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF AIR QUALITY IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart W--Massachusetts 0 2. Section 52.1119 is amended by adding paragraphs (a)(3) through (5) to read as follows: Sec. 52.1119 Identification of plan-conditional approval * * * * * (a) * * * (3) Massachusetts submitted an infrastructure State Implementation Plan (ISIP) for the 1997 ozone national ambient air quality standard (NAAQS) on December 14, 2007, submitted an ISIP for the 2008 Pb NAAQS on December 4, 2012, and submitted ISIPs for the 2008 ozone, 2010 NO 2, and 2010 SO2 NAAQS on June 6, 2014. On June 14, 2016, Massachusetts submitted a letter committing to add a definition of NAAQS to Massachusetts regulation 310 CMR 7.00, and to submit the amended version of this regulation to EPA as a SIP revision request, by a date no later than one year from the effective date of EPA's actions on these ISIPs. In light of this commitment, the portion of the Commonwealth's ISIP submittals mentioned above made to address Clean Air Act section 110(a)(2)(A), Emission limits and other control measures, is conditionally approved. (4) Massachusetts submitted an infrastructure State Implementation Plan (ISIP) for the 1997 ozone national ambient air quality standard (NAAQS) on December 14, 2007, submitted an ISIP for the 2008 Pb NAAQS on December 4, 2012, and submitted ISIPs for the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS on June 6, 2014. On June 14, 2016, Massachusetts submitted a letter committing to submit portions of 310 CMR 7.00: Appendix A: Emission Offsets and Nonattainment Review, to EPA as a SIP revision request, by a date no later than one year from the effective date of EPA's actions on these ISIPs. In light of this commitment, the portions of the Commonwealth's ISIP submittals mentioned above made to address Clean Air Act section 110 (a)(2)(D)(i)(II), PSD, is conditionally approved. (5) Massachusetts submitted an infrastructure State Implementation Plan (ISIP) for the 1997 ozone national ambient air quality standard (NAAQS) on December 14, 2007, and submitted ISIPs for the 2008 ozone and 2010 SO2 NAAQS on June 6, 2014. On June 14, 2016, Massachusetts submitted a letter committing to submit 310 CMR 8.00, The Prevention and/or Abatement of Air Pollution Episode and Air Pollution Incident Emergencies, to EPA as a SIP revision request, by a date no later than one year from the effective date of EPA's actions on these ISIPs. In light of this commitment, the portions of the Commonwealth's ISIP submittals mentioned above made to address Clean Air Act section 110 (a)(2)(G), Emergency power, is conditionally approved. 0 3. Section 52.1120 is amended by adding paragraphs (c)(145) through (147) to read as follows: Sec. 52.1120 Identification of plan * * * * * (c) * * * (145) Revisions to the State Implementation Plan (SIP) submitted by the Massachusetts Department of Environmental Protection on December 14, 2007. The submittal consists of an Infrastructure SIP for the 1997 ozone national ambient air quality standard. (146) Revisions to the State Implementation Plan (SIP) submitted by the Massachusetts Department of Environmental Protection on December 4, 2012. The submittal consists of an Infrastructure SIP for the 2008 lead national ambient air quality standard. (147) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on June 6, 2014. The submittal consists of Infrastructure SIPs for the 2008 ozone, 2010 NO2 , and 2010 SO2 national ambient air quality standards. (i) Incorporation by reference. (A) Section 6, ``Financial interest of state employee, relative, or associates; disclosure,'' of the Massachusetts General Laws Annotated, chapter 268A, ``Conduct of Public Officials and Employees,'' as amended by Statute 1978, chapter 210, Sec. 9. (B) Section 6A, ``Conflict of interest of public officials; reporting requirement,'' of the Massachusetts General Laws Annotated, chapter 268A, ``Conduct of Public Officials and Employees,'' as amended by Statute 1984, chapter 189, Sec. 163. Sec. 52.1160 [Removed and Reserved] 0 4. Section 52.1160 is removed and reserved. [[Page 93631]] 0 5. In Sec. 52.1167, Table 52.1167 is amended by adding a state citation for conflict of interest law at the end of the table to read as follows: Sec. 52.1167 EPA-approved Massachusetts State regulations. * * * * * Table 52.1167--EPA-Approved Rules and Regulations [See Notes at end of Table] -------------------------------------------------------------------------------------------------------------------------------------------------------- Date State citation Title/subject Date submitted by State approved by Federal Register 52.1120(c) Comments/unapproved EPA citation sections -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * M.G.L. c. 268A, sections 6 and Conduct of Public June 6, 2014............ 12/21/16 [Insert Federal Register 147 Approved Section 6: 6A. Officials and citation]. Financial interest Employees. of state employee, relative or associates; disclosure, and Section 6A: Conflict of interest of public official; reporting requirement. -------------------------------------------------------------------------------------------------------------------------------------------------------- Notes: 1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal SIP before this date. 2. The regulations are effective statewide unless otherwise stated in comments or title section. [FR Doc. 2016-30466 Filed 12-20-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations 93627
receive adverse comments by January costs on tribal governments or preempt PART 52—APPROVAL AND
20, 2017, we will publish a timely tribal law. PROMULGATION OF
withdrawal in the Federal Register to The Congressional Review Act, 5 IMPLEMENTATION PLANS
notify the public that the direct final U.S.C. 801 et seq., as added by the Small
action will not take effect and we will ■ 1. The authority citation for part 52
Business Regulatory Enforcement continues to read as follows:
address the comments in a subsequent
Fairness Act of 1996, generally provides
final action based on the proposal. If we Authority: 42 U.S.C. 7401 et seq.
that before a rule may take effect, the
do not receive timely adverse
comments, the direct final action will be agency promulgating the rule must Subpart F—California
effective without further notice on submit a rule report, which includes a
February 21, 2017. copy of the rule, to each House of the ■ 2. Section 52.282 is amended by
Congress and to the Comptroller General adding paragraph (j) to read as follows:
V. Statutory and Executive Order of the United States. The EPA will
Reviews § 52.282 Control strategy and regulations:
submit a report containing this action Ozone
This action makes a determination and other required information to the
* * * * *
based on air quality data and does not U.S. Senate, the U.S. House of (j) Determination of attainment. The
impose additional requirements beyond Representatives and the Comptroller EPA has determined that, as of February
those imposed by state law. For that General of the United States prior to 21, 2017, the Mariposa County 2008 8-
reason, the action: publication of the rule in the Federal hour ozone nonattainment area in
• Is not a ‘‘significant regulatory Register. A major rule cannot take effect California has attained the 2008 ozone
action’’ subject to review by the Office until 60 days after it is published in the standard, based upon complete, quality-
of Management and Budget under Federal Register. This action is not a assured and certified data for 2013–
Executive Order 12866 (58 FR 51735, ‘‘major rule’’ as defined by 5 U.S.C. 2015. Under the provisions of the EPA’s
October 4, 1993); 804(2). ozone implementation rule (see 40 CFR
• does not impose an information
Under section 307(b)(1) of the Clean 51.1118), this determination suspends
collection burden under the provisions
Air Act, petitions for judicial review of the requirements for the area to submit
of the Paperwork Reduction Act (44
this action must be filed in the United attainment demonstrations and
U.S.C. 3501 et seq.);
• is certified as not having a States Court of Appeals for the associated reasonably available control
significant economic impact on a appropriate circuit by February 21, measures, reasonable further progress
substantial number of small entities plans, contingency measures for failure
2017. Filing a petition for
under the Regulatory Flexibility Act (5 to attain or make reasonable further
reconsideration by the Administrator of
U.S.C. 601 et seq.); progress and other planning SIPs related
this final rule does not affect the finality to attainment of the 2008 ozone
• does not contain any unfunded of this action for the purposes of judicial
mandate or significantly or uniquely standard for as long as the area
review nor does it extend the time continues to attain the 2008 ozone
affect small governments, as described within which a petition for judicial
in the Unfunded Mandates Reform Act standard. If the EPA determines, after
review may be filed, and shall not notice-and-comment rulemaking, that
of 1995 (Pub. L. 104–4); postpone the effectiveness of such rule
• does not have Federalism the Mariposa County ozone
or action. Parties with objections to this nonattainment area no longer meets the
implications as specified in Executive
direct final rule are encouraged to file a 2008 ozone standard, the corresponding
Order 13132 (64 FR 43255, August 10,
1999); comment in response to the parallel determination of attainment for this area
• is not an economically significant notice of proposed rulemaking for this shall be withdrawn.
regulatory action based on health or action published in the Proposed Rules [FR Doc. 2016–30477 Filed 12–20–16; 8:45 am]
safety risks subject to Executive Order section of today’s Federal Register, BILLING CODE 6560–50–P
13045 (62 FR 19885, April 23, 1997); rather than file an immediate petition
• is not a significant regulatory action for judicial review of this direct final
subject to Executive Order 13211 (66 FR rule, so that the EPA can withdraw this ENVIRONMENTAL PROTECTION
28355, May 22, 2001); direct final rule and address the AGENCY
• is not subject to the requirements of comment in the proposed rulemaking. 40 CFR Part 52
section 12(d) of the National This action may not be challenged later
Technology Transfer and Advancement in proceedings to enforce its [EPA–R01–OAR–2014–0720; A–1–FRL–
Act of 1995 (15 U.S.C. 272 note) because requirements (see section 307(b)(2)). 9952–94–Region 1]
application of those requirements would
be inconsistent with the CAA; and List of Subjects in 40 CFR Part 52 Air Plan Approval; MA; Infrastructure
• does not provide the EPA with the State Implementation Plan
discretionary authority to address, as Environmental protection, Air Requirements
appropriate, disproportionate human pollution control, Incorporation by
AGENCY: Environmental Protection
health or environmental effects, using reference, Intergovernmental relations,
Agency (EPA).
practicable and legally permissible Oxides of Nitrogen, Ozone, Volatile
ACTION: Final rule.
methods, under Executive Order 12898 organic compounds.
asabaliauskas on DSK3SPTVN1PROD with RULES
(59 FR 7629, February 16, 1994). Dated: December 2, 2016. SUMMARY: The Environmental Protection
In addition, this rule does not have Deborah Jordan, Agency (EPA) is approving most
tribal implications as specified by elements of State Implementation Plan
Acting Regional Administrator, Region IX.
Executive Order 13175 (65 FR 67249, (SIP) submissions from Massachusetts
November 9, 2000), because the SIP Chapter I, title 40 of the Code of regarding the infrastructure
obligations discussed herein do not Federal Regulations is amended as requirements of the Clean Air Act (CAA
apply to Indian tribes, and thus this follows: or Act) for the 1997 ozone, 2008 lead
action will not impose substantial direct (Pb), 2008 ozone, 2010 nitrogen dioxide
VerDate Sep<11>2014 17:05 Dec 20, 2016 Jkt 241001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\21DER1.SGM 21DER1](https://thefederalregister.org/doc/81_FR_93872/page/1.svg)
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Technology Transfer and Advancement Dated: September 13, 2016. (5) Massachusetts submitted an
Act of 1995 (15 U.S.C. 272 note) because H. Curtis Spalding, infrastructure State Implementation
application of those requirements would Regional Administrator, EPA New England. Plan (ISIP) for the 1997 ozone national
be inconsistent with the Clean Air Act; ambient air quality standard (NAAQS)
Part 52 of chapter I, title 40 of the
and on December 14, 2007, and submitted
• Does not provide EPA with the Code of Federal Regulations is amended
ISIPs for the 2008 ozone and 2010 SO2
discretionary authority to address, as as follows:
NAAQS on June 6, 2014. On June 14,
appropriate, disproportionate human PART 52—APPROVAL AND 2016, Massachusetts submitted a letter
health or environmental effects, using PROMULGATION OF AIR QUALITY committing to submit 310 CMR 8.00,
practicable and legally permissible IMPLEMENTATION PLANS The Prevention and/or Abatement of Air
methods, under Executive Order 12898 Pollution Episode and Air Pollution
(59 FR 7629, February 16, 1994). ■ 1. The authority citation for part 52 Incident Emergencies, to EPA as a SIP
In addition, the SIP is not approved continues to read as follows: revision request, by a date no later than
to apply on any Indian reservation land one year from the effective date of EPA’s
Authority: 42 U.S.C. 7401 et seq.
or in any other area where EPA or an actions on these ISIPs. In light of this
Indian tribe has demonstrated that a Subpart W—Massachusetts commitment, the portions of the
tribe has jurisdiction. In those areas of Commonwealth’s ISIP submittals
Indian country, the rule does not have ■ 2. Section 52.1119 is amended by mentioned above made to address Clean
tribal implications and will not impose adding paragraphs (a)(3) through (5) to Air Act section 110 (a)(2)(G), Emergency
substantial direct costs on tribal read as follows: power, is conditionally approved.
governments or preempt tribal law as
§ 52.1119 Identification of plan-conditional ■ 3. Section 52.1120 is amended by
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). approval adding paragraphs (c)(145) through
The Congressional Review Act, 5 * * * * * (147) to read as follows:
U.S.C. 801 et seq., as added by the Small (a) * * *
§ 52.1120 Identification of plan
Business Regulatory Enforcement (3) Massachusetts submitted an
infrastructure State Implementation * * * * *
Fairness Act of 1996, generally provides
Plan (ISIP) for the 1997 ozone national (c) * * *
that before a rule may take effect, the
agency promulgating the rule must ambient air quality standard (NAAQS) (145) Revisions to the State
submit a rule report, which includes a on December 14, 2007, submitted an Implementation Plan (SIP) submitted by
copy of the rule, to each House of the ISIP for the 2008 Pb NAAQS on the Massachusetts Department of
Congress and to the Comptroller General December 4, 2012, and submitted ISIPs Environmental Protection on December
of the United States. EPA will submit a for the 2008 ozone, 2010 NO2, and 2010 14, 2007. The submittal consists of an
report containing this action and other SO2 NAAQS on June 6, 2014. On June Infrastructure SIP for the 1997 ozone
required information to the U.S. Senate, 14, 2016, Massachusetts submitted a national ambient air quality standard.
the U.S. House of Representatives, and letter committing to add a definition of (146) Revisions to the State
the Comptroller General of the United NAAQS to Massachusetts regulation 310 Implementation Plan (SIP) submitted by
States prior to publication of the rule in CMR 7.00, and to submit the amended the Massachusetts Department of
the Federal Register. A major rule version of this regulation to EPA as a Environmental Protection on December
cannot take effect until 60 days after it SIP revision request, by a date no later 4, 2012. The submittal consists of an
is published in the Federal Register. than one year from the effective date of Infrastructure SIP for the 2008 lead
This action is not a ‘‘major rule’’ as EPA’s actions on these ISIPs. In light of national ambient air quality standard.
defined by 5 U.S.C. 804(2). this commitment, the portion of the (147) Revisions to the State
Under section 307(b)(1) of the Clean Commonwealth’s ISIP submittals Implementation Plan submitted by the
Air Act, petitions for judicial review of mentioned above made to address Clean Massachusetts Department of
this action must be filed in the United Air Act section 110(a)(2)(A), Emission Environmental Protection on June 6,
States Court of Appeals for the limits and other control measures, is 2014. The submittal consists of
appropriate circuit by February 21, conditionally approved. Infrastructure SIPs for the 2008 ozone,
2017. Filing a petition for (4) Massachusetts submitted an 2010 NO2, and 2010 SO2 national
reconsideration by the Administrator of infrastructure State Implementation ambient air quality standards.
this final rule does not affect the finality Plan (ISIP) for the 1997 ozone national (i) Incorporation by reference.
of this action for the purposes of judicial ambient air quality standard (NAAQS) (A) Section 6, ‘‘Financial interest of
review nor does it extend the time on December 14, 2007, submitted an state employee, relative, or associates;
within which a petition for judicial ISIP for the 2008 Pb NAAQS on disclosure,’’ of the Massachusetts
review may be filed, and shall not December 4, 2012, and submitted ISIPs General Laws Annotated, chapter 268A,
postpone the effectiveness of such rule for the 2008 ozone, 2010 NO2, and 2010 ‘‘Conduct of Public Officials and
or action. This action may not be SO2 NAAQS on June 6, 2014. On June Employees,’’ as amended by Statute
challenged later in proceedings to 14, 2016, Massachusetts submitted a 1978, chapter 210, § 9.
enforce its requirements. (see section letter committing to submit portions of (B) Section 6A, ‘‘Conflict of interest of
307(b)(2).) 310 CMR 7.00: Appendix A: Emission public officials; reporting requirement,’’
Offsets and Nonattainment Review, to of the Massachusetts General Laws
asabaliauskas on DSK3SPTVN1PROD with RULES
List of Subjects in 40 CFR Part 52 EPA as a SIP revision request, by a date Annotated, chapter 268A, ‘‘Conduct of
Environmental protection, Air no later than one year from the effective Public Officials and Employees,’’ as
pollution control, Incorporation by date of EPA’s actions on these ISIPs. In amended by Statute 1984, chapter 189,
reference, Intergovernmental relations, light of this commitment, the portions of § 163.
Lead, Nitrogen dioxide, Ozone, the Commonwealth’s ISIP submittals
§ 52.1160 [Removed and Reserved]
Reporting and recordkeeping mentioned above made to address Clean
requirements, Sulfur oxides, Volatile Air Act section 110 (a)(2)(D)(i)(II), PSD, ■ 4. Section 52.1160 is removed and
organic compounds. is conditionally approved. reserved.
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![Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations 93631
■5. In § 52.1167, Table 52.1167 is conflict of interest law at the end of the § 52.1167 EPA-approved Massachusetts
amended by adding a state citation for table to read as follows: State regulations.
* * * * *
TABLE 52.1167—EPA-APPROVED RULES AND REGULATIONS
[See Notes at end of Table]
Date
Date submitted Federal Comments/unapproved
State citation Title/subject approved by 52.1120(c)
by State Register citation sections
EPA
* * * * * * *
M.G.L. c. 268A, sec- Conduct of Public June 6, 2014 .... 12/21/16 [Insert Federal 147 Approved Section 6: Financial
tions 6 and 6A. Officials and Em- Register cita- interest of state employee,
ployees. tion]. relative or associates; dis-
closure, and Section 6A:
Conflict of interest of public
official; reporting require-
ment.
Notes:
1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal SIP be-
fore this date.
2. The regulations are effective statewide unless otherwise stated in comments or title section.
[FR Doc. 2016–30466 Filed 12–20–16; 8:45 am] and redesignation request on June 16, for today’s action is discussed in detail
BILLING CODE 6560–50–P 2016. in EPA’s proposal, dated September 28,
DATES: This final rule is effective 2016 (81 FR 66578). In that rulemaking,
December 21, 2016. we noted that, under EPA regulations at
ENVIRONMENTAL PROTECTION 40 CFR part 50, the 2008 ozone NAAQS
ADDRESSES: EPA has established a
AGENCY is attained in an area when the 3-year
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0372. All average of the annual fourth highest
40 CFR Parts 52 and 81 daily maximum 8-hour average
documents in the docket are listed in
the http://www.regulations.gov Web concentration is equal to or less than
[EPA–R05–OAR–2016–0372; FRL–9956–59–
site. Although listed in the index, some 0.075 ppm, when truncated after the
Region 5] thousandth decimal place, at all of the
information is not publicly available,
e.g., Confidential Business Information ozone monitoring sites in the area. (See
Air Plan Approval; Ohio; 40 CFR 50.15 and appendix P to 40 CFR
Redesignation of the Columbus, Ohio or other information whose disclosure is
restricted by statute. Certain other part 50.) Under the CAA, EPA may
Area to Attainment of the 2008 Ozone redesignate nonattainment areas to
Standard material, such as copyrighted material,
is not placed on the Internet and will be attainment if sufficient complete,
AGENCY: Environmental Protection publicly available only in hard copy quality-assured data are available to
Agency (EPA). form. Publicly available docket determine that the area has attained the
ACTION: Final rule. materials are available either through standard and if it meets the other CAA
http://www.regulations.gov, or please redesignation requirements in section
SUMMARY: The Environmental Protection contact the person identified in the FOR 107(d)(3)(E). The proposed rule, dated
Agency (EPA) is finding that the FURTHER INFORMATION CONTACT section September 28, 2016, provides a detailed
Columbus, Ohio area is attaining the for additional availability information. discussion of how Ohio has met these
2008 ozone National Ambient Air FOR FURTHER INFORMATION CONTACT: CAA requirements.
Quality Standard (NAAQS or standard) Kathleen D’Agostino, Environmental As discussed in the proposed rule,
and redesignating the area to attainment Scientist, Attainment Planning and quality-assured and certified monitoring
for the 2008 ozone NAAQS because the Maintenance Section, Air Programs data for 2013–2015 and preliminary
area meets the statutory requirements Branch (AR–18J), Environmental data for 2016 show that the Columbus
for redesignation under the Clean Air Protection Agency, Region 5, 77 West area has attained and continues to attain
Act (CAA or Act). The Columbus area Jackson Boulevard, Chicago, Illinois the 2008 ozone standard. In the
includes Delaware, Fairfield, Knox, 60604, (312) 886–1767, maintenance plan submitted for the
Licking, and Mason Counties. EPA is dagostino.kathleen@epa.gov. area, Ohio has demonstrated that the
also approving, as a revision to the Ohio SUPPLEMENTARY INFORMATION: ozone standard will be maintained in
State Implementation Plan (SIP), the Throughout this document whenever the area through 2030. Finally, Ohio has
state’s plan for maintaining the 2008 ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean adopted 2020 and 2030 VOC and NOX
ozone standard through 2030 in the EPA. MVEBs for the Columbus area that are
asabaliauskas on DSK3SPTVN1PROD with RULES
Columbus area. Finally, EPA finds supported by Ohio’s maintenance
adequate and is approving the state’s I. What is being addressed in this demonstration.
2020 and 2030 volatile organic document?
II. What comments did we receive on
compound (VOC) and oxides of nitrogen This rule takes action on the June 16,
the proposed rule?
(NOX) Motor Vehicle Emission Budgets 2016, submission from Ohio EPA
(MVEBs) for the Columbus area. The requesting redesignation of the EPA provided a 30-day review and
Ohio Environmental Protection Agency Columbus area to attainment for the comment period for the September 28,
(Ohio EPA) submitted the SIP revision 2008 ozone standard. The background 2016, proposed rule. The comment
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Document Created: 2018-02-14 09:12:10
Document Modified: 2018-02-14 09:12:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on January 20, 2017. | |
| 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] | |
| FR Citation | 81 FR 93627 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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