[Federal Register Volume 65, Number 249 (Wednesday, December 27, 2000)]
[Rules and Regulations]
[Pages 81743-81748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32845]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R1-7218a; A-1-FRL-6894-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Connecticut, Massachusetts and Rhode Island; Nitrogen Oxides Budget and 
Allowance Trading Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving and promulgating State Implementation Plan 
(SIP) revisions submitted by the States of Connecticut, Massachusetts 
and Rhode Island. The SIP revisions for each of these states 
establishes a nitrogen oxides budget and trading program in response to 
EPA's regulation ``Finding of Significant Contribution and Rulemaking 
for Certain States in the Ozone Transport Assessment Group Region for 
Purposes of Reducing Regional Transport of Ozone,'' otherwise known as 
the `` NOX SIP Call.'' The SIP revision for each of the 
States includes a narrative description and regulation establishing a 
statewide NOX budget and NOX allowance trading 
program for large electricity generating and industrial sources 
beginning in the year 2003. The Massachusetts SIP also included 
revisions to existing regulations to assure consistency with the 
NOX budget and allowance trading program.
    The intended effect of these actions is to approve these SIP 
strengthening measures for the Connecticut, Massachusetts and Rhode 
Island ozone SIP's. This action is being taken in accordance with 
section 110 of the Clean Air Act (CAA). Further, we determined that the 
submittal from each of these three states meets the air quality 
objective of the NOX SIP call requirements and we will take 
action in a future rulemaking on whether these submittals meet all the 
applicable NOX SIP call requirements.

DATES: This rule is effective on January 26, 2001.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours, by 
appointment at the Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, EPA-New England, One Congress Street, 11th floor, 
Boston, MA. Copies of the documents specific to the SIP approval for CT 
are available at the Bureau of Air Management, Department of 
Environmental Protection, State Office Building, 79 Elm Street, 
Hartford, CT 06106-1630. Copies of the documents specific to the SIP 
approval for Massachusetts are available at the Division of Air Quality 
Control, Department of Environmental Protection, One Winter Street, 8th 
Floor, Boston, MA 02108. Copies of the documents specific to the SIP 
approval for Rhode Island are available at the Office of Air Resources, 
Department of Environmental Management, 235 Promenade Street, 
Providence, RI 02908-5767.

FOR FURTHER INFORMATION CONTACT: Dan Brown at (617) 918-1532 or via E-
mail at [email protected].

SUPPLEMENTARY INFORMATION: We published a Notice of Proposed Rulemaking 
(NPR) for the State of Connecticut, Massachusetts and Rhode Island in 
the Federal Register on July 12, 2000 (at 65 FR 42900, 65 FR 42907, and 
65 FR 42913 for CT, MA and RI, respectively). The NPR proposed approval 
and promulgation of each States SIP revision for a Nitrogen Oxides 
Budget and Allowance Trading Program.
    The formal SIP revision was submitted by Connecticut in September 
1999 and included CT's NOX control regulation, section 22a-
174-22b, ``Post-2002 Nitrogen Oxides ( NOX) Budget 
Program,'' and the CT's SIP narrative, ``Connecticut State 
Implementation Plan Revision to Implement the NOX SIP 
Call,'' September 1999. The formal SIP revision was submitted by 
Massachusetts in November 1999 and included MA's NOX control 
regulation, 310 CMR 7.28, `` NOX Allowance Trading 
Program,'' and the SIP narrative materials: ``Background Document and 
Technical Support for Public Hearings on the Proposed Revisions to 
State Implementation Plan for Ozone,'' July 1999; ``Supplemental 
Background Document for Public Hearings on Modification to the July 
1999 Proposal to Revise the State Implementation Plan for Ozone, 
including Proposed 310 CMR 7.28.'' Massachusetts' submittal also 
included amendments to 310 CMR 7.19, ``Reasonably Available Control 
Technology (RACT) for sources of Oxides of Nitrogen ( 
NOX),'' and 310 CMR 7.27, `` NOX Allowance 
Program,'' which allowed for consistent requirements and a smooth 
transition to the program under 310 CMR 7.28 in 2003. The formal SIP 
revision was submitted by Rhode Island in October 1999 and included 
RI's NOX control regulation, Regulation No. 41, ``Nitrogen 
Oxides Allowance Program,'' and the SIP narrative materials, `` 
NOX State Implementation Plan (SIP) Call Narrative.''
    Connecticut, Massachusetts and Rhode Island submitted these SIP 
revisions in order to strengthen their one-hour ozone SIP and to comply 
with the NOX SIP call. The NOX SIP call 
originally required 23 jurisdictions, including CT, MA and RI, to meet 
statewide NOX emission budgets during each ozone season, 
i.e., May 1 to October 1 beginning in 2003. Implementation of the 
NOX SIP call will reduce the amount of ground level ozone 
that is transported across the eastern United States. The 
NOX SIP Call originally set out a schedule that required the 
affected states to adopt

[[Page 81744]]

regulations by September 30, 1999,\1\ and implement control strategies 
by May 1, 2003.\2\
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    \1\ On May 25, 1999, the D.C. Circuit issued a partial stay of 
the submission of the SIP revisions required under the 
NOX SIP Call. State Petitioners challenging the 
NOX SIP Call moved to stay the submission schedule until 
April 27, 2000. The D.C. Circuit issued a stay of the SIP submission 
deadline pending further order of the court. Michigan v. EPA, No. 
98-1497 (D.C. Cir. May 25, 1999) (order granting stay in part). On 
March 3, 2000, the D.C. Circuit ruled on Michigan v. EPA, affirming 
many aspects of the SIP call and remanding certain other portions to 
the Agency. The court's ruling does not affect this action because 
Connecticut, Massachusetts and Rhode Island voluntarily submitted 
their respective SIP revision to EPA for approval notwithstanding 
the court's stay of the SIP submission deadline.
    \2\ On August 30, 2000, the D.C. Circuit issued a court order 
extending the compliance deadline under the NOX SIP call 
to May 2004.
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    To assist the states in their efforts to meet the SIP Call, the 
NOX SIP Call final rulemaking included a model 
NOX allowance trading regulation, called ``NOX 
Budget Trading Program for State Implementation Plans,'' (40 CFR Part 
96), that could be used by states to develop their regulations. The 
NOX SIP Call notice explained that if states developed an 
allowance trading regulation consistent with the EPA model rule, they 
could participate in a regional allowance trading program that would be 
administered by the EPA. See 63 FR 57458-57459. An allowance trading 
program, commonly referred to as a ``cap and trade'' program, is a 
market-based program that uses market forces to reduce the overall cost 
of compliance for pollution sources, such as power plants, while 
maintaining emission reductions and environmental benefits. The 
NOX SIP call and model NOX allowance trading 
regulation is further explained in the NPR and will not be restated 
here. The October 27, 1998 Federal Register notice contains a full 
description of the EPA's model NOX budget trading program. 
See 63 FR 57514-57538 and 40 CFR Part 96.

A. Why Are We Fully Approving the CT, MA and RI SIP Revisions?

    We evaluated the CT, MA and RI NOX SIP Call submittals 
using EPA's ``NOX SIP Call Checklist,'' (the checklist), 
issued on April 9, 1999. The checklist reflects and follows the 
requirements of the NOX SIP Call set forth in 40 CFR 51.121 
and 51.122 and outlines the criteria that we used to determine the 
completeness and approvability of these SIP submittals. As noted in the 
checklist, the key elements of an approvable SIP submittal under the 
NOX SIP Call are: a budget demonstration; enforceable 
measures for control; legal authority to implement and enforce the 
control measures; compliance dates and schedules; monitoring, 
recordkeeping, and emissions reporting; as well as elements that apply 
to states that choose to adopt an emissions trading rule in response to 
the NOX SIP Call. In addition to the SIP checklist, we used 
the October 1998 final NOX SIP Call rulemaking notice and 
subsequent technical amendments to the NOX SIP Call, 
published May 14, 1999 (64 FR 26298) and March 2, 2000 (65 FR 11222), 
to evaluate the approvability of the CT, MA and RI SIP submittals. We 
also used section 110 of the CAA, Implementation Plans, to evaluate the 
approvability of the submittals as a revision to the SIP for each of 
the three states.
    The NPR provides a full description of each states SIP revision. 
Briefly, the Connecticut SIP submittal included the following:
     Adopted control regulations which require emission 
reductions beginning in 2003, i.e., section 22a-174-22b, ``Post-2002 
Nitrogen Oxides (NOX) Budget Program;'
     A description of how the state intends to use the 
compliance supplemental pool, i.e., as part of the control regulations;
     A baseline inventory of NOX mass emissions from 
EGU's, non-EGU's, area, highway and non-road mobile sources in the year 
2007 as published in the May 14, 1999, technical amendments to the 
NOX SIP Call, i.e., as part of the SIP narrative;
     A 2007 projected inventory (budget) reflecting 
NOX reductions achieved by the state control measures 
contained in the submittal, i.e., as part of the SIP narrative; and
     A commitment to meet the annual, triennial, and 2007 
reporting requirements, i.e., as part of the SIP narrative.
    The Massachusetts SIP submittal included the following:
     Adopted control regulations which require emission 
reductions beginning in 2003, i.e., 310 CMR 7.28;
     A description of how the state intends to use the 
compliance supplement pool, i.e., as part of the control regulation;
     A baseline inventory of NOX mass emissions from 
EGUs, non-EGUs, area, highway and non-road mobile sources in the year 
2007 as published in the May 14, 1999, technical amendments to the 
NOX SIP Call, i.e., as part of the SIP narrative;
     A 2007 projected inventory (budget) reflecting 
NOX reductions achieved by the state control measures 
contained in the submittal, i.e., as part of the SIP narrative; and
     A commitment to meet the annual, triennial, and 2007 
reporting requirements, i.e., as part of the SIP narrative.
     Revisions to 310 CMR 7.19, ``Reasonably Available Control 
Technology (RACT) for sources of Oxides of Nitrogen ( 
NOX),'' and 310 CMR 7.27, `` NOX Allowance 
Program.''
    And the Rhode Island SIP submittal included the following:
     Adopted control regulations which require emission 
reductions beginning in 2003, i.e., Regulation No. 41;
     A description of how the state intends to use the 
compliance supplement pool, i.e., as part of the control regulation;
     A baseline inventory of NOX mass emissions from 
EGUs, non-EGUs, area, highway and non-road mobile sources in the year 
2007 as published in the May 14, 1999, technical amendments to the 
NOX SIP Call, i.e., as part of the SIP narrative;
     A 2007 projected inventory (budget) reflecting 
NOX reductions achieved by the state control measures 
contained in the submittal, i.e., as part of the SIP narrative; and
     A commitment to meet the annual, triennial, and 2007 
reporting requirements, i.e., as part of the SIP narrative.
    We evaluated these SIP submittals and found them to be fully 
approvable. For each of these three states the respective submittals 
will strengthen the SIPs for reducing ground level ozone by providing 
NOX reductions beginning in 2003. The submittals also meet 
the air quality objectives of the NOX SIP Call. The 
submittals contained the information necessary to demonstrate that CT, 
MA and RI have the legal authority to implement and enforce the control 
measures, as well as a description of how each of these states intends 
to use the compliance supplement pool. Furthermore, the submittals 
demonstrate that the compliance dates and schedules, and the 
monitoring, record keeping and emission reporting requirements will be 
met.
    In the July 12, 2000 NPR we requested comments on our proposed 
rulemaking to fully approve the SIP submittals for each of these three 
states (at 65 FR 42900, 65 FR 42907, and 65 FR 42913 for CT, MA and RI, 
respectively). The specific requirements of the SIP revisions and the 
rationale for our action is fully explained in the NPR and will not be 
restated here. The comment period for the proposed rulemakings ended on 
August 11, 2000. We did not received any comments on our proposed 
rulemaking and evaluation of the SIP

[[Page 81745]]

submittals and we are fully approving the CT, MA and RI SIP submittals 
with this final rulemaking.

B. Why Are We Considering the NOX SIP Call Submittals 
From CT, MA, and RI at the Same Time?

    In February 1999, CT, MA, RI, and EPA signed a memorandum of 
understanding (i.e., ``the Three State MOU'') agreeing to redistribute 
the EGU portions of the three states' budgets, as well as the 
compliance supplement pool allocations, amongst themselves. Therefore, 
it is necessary to consider the adopted 2007 emission budgets and 
adopted NOX reducing measures in CT, MA and RI together to 
approve any individual state SIP submittal as meeting the air quality 
objectives of the NOX SIP Call.
    Under the Three State MOU, the combined 2007 controlled emission 
level and compliance supplement pool did not change for the three 
states, only the individual state EGU allocations and supplement pools 
were redistributed to provide additional flexibility among these three 
states. EPA supports this concept because such a redistribution is no 
different than the effects of trading. For a detailed discussion of why 
EPA supports the concept that states can collectively redistribute 
their NOX SIP Call budgets, see the proposed Three State MOU 
notice, 64 FR 49989, September 15, 1999.
    As described in the NPR, comparing the most recent technical 
amendments to the NOX SIP Call budgets to the adopted and 
submitted NOX SIP Call related measures from CT, MA and RI, 
the adopted measures in the three states will reduce more 
NOX from the EGU and non-EGU sectors than the NOX 
SIP Call notices have required. Given the fact that together the three 
states' regulations achieve at least the same NOX reduction 
and allocate fewer than required compliance supplement pool 
allocations, EPA finds that the NOX SIP Call SIP submittals 
from the three states collectively meet the air quality objectives of 
the NOX SIP Call as published to date.

C. What Is the Remaining Issue Associated With the CT, MA and RI 
NOX SIP Call Submittals?

    The March 2, 2000 technical corrections to the NOX SIP 
call changed the 2007 baselines and budgets for the highway and non-EGU 
sub-inventories in CT, MA, and RI after the three states had submitted 
their NOX SIP call budgets. Furthermore, on March 3, 2000, 
the D.C. Circuit ruled on Michigan v. EPA, affirming many aspects of 
the NOX SIP Call and remanding certain other portions to the 
Agency (e.g., the definition of an EGU and the control assumptions for 
internal combustion engines). The portion of the SIP Call upheld by the 
Court is being referred to as Phase I of the NOX SIP call. 
The Phase I submissions cover all of the NOX SIP Call 
requirements except for a small part of the EGU portion and the large 
internal combustion engine portion of the budget. The second phase of 
the NOX SIP call will address the aspects of the 
NOX SIP call the court remanded to the Agency. Any 
additional emission reductions required as a result of a final Phase II 
portion of the statewide emissions budget is expected to be a 
relatively small supplement to the SIPs (e.g., representing less than 
10 percent of total reductions required by the SIP Call). The Phase II 
budgets are expected to be proposed in the near future.
    For Connecticut, Massachusetts and Rhode Island, the Phase I 
baseline and budget emissions are based on the March 2, 2000 baseline 
and budget emissions and we do not anticipate a significant change with 
the forthcoming Phase II emission budgets for these three states. 
However, the baseline and budget NOX emissions submitted by 
Connecticut, Massachusetts and Rhode Island were based on the May 14, 
1999 emission baseline and budget which was the most up-to-date budget 
at the time of the State's submittals. Therefore, the SIP baseline and 
budget emissions are not consistent with the revised March 2, 2000 
NOX budgets allocated for these three states. However, the 
total emission reductions (i.e., the difference between the emission 
baseline and budget) from implementing the CT, MA and RI SIPs are 
greater than the emission reduction required in Phase I. Nevertheless, 
because of the inconsistency in the NOX budgets for these 
three states, we could not fully approve the SIP revisions as meeting 
the NOX SIP call, rather, we are fully approving the SIP 
revisions as SIP strengthening measures which meet the air quality 
objectives of the NOX SIP call. Connecticut, Massachusetts 
and Rhode Island will need to submit a revision to their emission 
baseline and budgets making them consistent with the Phase I emission 
baseline and budget numbers for the submittals to be fully approvable 
as meeting Phase I of the NOX SIP call. In addition, CT, MA 
and RI may be further required to revise its NOX SIP Call 
program due to potential forthcoming changes to the Phase II 
NOX SIP Call budget requirements. At such time as EPA 
publishes new Phase II emission budget requirements, CT, MA and RI will 
be informed as to what, if any, changes are needed to assure their 
respective NOX budgets are consistent with the final 
NOX SIP call budgets.

Final Action

    We are fully approving the revisions to the Connecticut, 
Massachusetts and Rhode Island SIP's as strengthening measures for the 
three states one-hour ground level ozone SIP's. Specifically we are 
approving Connecticut's regulation 22a-174-22b and supporting material; 
Massachusetts' regulation 310 CMR 7.28, amendments to 310 CMR 7.19 and 
7.27, and supporting material; and Rhode Islands regulation 41 and 
supporting material. We have determined the SIP revisions for these 
three states meet the air quality objectives of the NOX SIP 
call requirements EPA has published to date. This rulemaking is 
effective on January 26, 2001. After EPA recalculates the final 2007 
emission budget and CT, MA and RI make any necessary revisions to 
assure their respective 2007 emission budgets are consistent with the 
EPA's final budget, we will take action in a separate notice on whether 
the SIP submittals meet the applicable NOX SIP call 
requirements.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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). For the same reason, this 
rule also does not significantly or uniquely affect the

[[Page 81746]]

communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This rule will not have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a Federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    The Congressional Review Act, 5 U.S.C. section 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 
rule 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 26, 2001. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: October 20, 2000.
Mindy S. Lubber,
Regional Administrator, EPA-New England.
    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart H--Connecticut

    2. Section 52.370 is amended by adding paragraph (c)(86) to read as 
follows:


Sec. 52.370  Identification of plan.

* * * * *
    (c) * * *
    (86) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on September 30, 
1999.
    (i) Incorporation by reference.
    (A) Regulations of Connecticut State Agencies, Section 22a-174-22b, 
State of Connecticut Regulation of Department of Environmental 
Protection Concerning The Post-2002 Nitrogen Oxides (NOX) 
Budget Program, which became effective on September 29, 1999.
    (ii) Additional materials.
    (A) Letter from Connecticut Department of Environmental Protection 
dated September 30, 1999 submitting Regulations of Connecticut State 
Agencies, Section 22a-174-22b and associated administrative materials 
as a revision to the Connecticut State Implementation Plan.
    (B) The SIP narrative ``Connecticut State Implementation Plan 
Revision to Implement the NOX SIP Call,'' dated September 
30, 1999.

    3. In Sec. 52.385 the Table 52.385 is amended by adding an entry in 
numerical order for ``22a-174-22b'' to read as follows:


Sec. 52.385  EPA--approved Connecticut regulations.

* * * * *

                                                         Table 52.385--EPA-Approved Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Dates
  Connecticut State  citation     Title/subject   ------------------------------------------------  Federal Register       52.370           Comments/
                                                    Date adopted by State   Date approved by EPA        citation                           description
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                   *                  *                  *                  *                  *                  *                  *
22a-174-22b...................  Post-2002          9/29/1999               12/27/2000              65 FR 81746......  (c)86
                                 Nitrogen Oxides
                                 (NOX) Budget
                                 Program.
 
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 81747]]

Subpart W--Massachusetts

    4. Section 52.1120 is amended by adding paragraph (c)(124) to read 
as follows:


Sec. 52.1120  Identification of plan.

* * * * *
    (c) * * *
    (124) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on November 19, 
1999.
    (i) Incorporation by reference.
    (A) Amendments revising regulatory language in 310 CMR 7.19(13)(b), 
Continuous Emission Monitoring Systems, which became effective on 
December 10, 1999.
    (B) Amendments to 310 CMR 7.27, NOX Allowance Program, 
adding paragraphs 7.27(6)(m), 7.27(9)(b), 7.27(11)(o), 7.27(11)(p) and 
7.27(15)(e), which became effective December 10, 1999.
    (C) Regulations 310 CMR 7.28, NOX Allowance Trading 
Program, which became effective on December 10, 1999.
    (ii) Additional materials.
    (A) Letter from the Commonwealth of Massachusetts, Executive Office 
of Environmental Affairs, Department of Environmental Protection dated 
November 19, 1999, submitting amendment to SIP.
    (B) Background Document and Technical Support for Public Hearings 
on the Proposed Revisions to the State Implementation Plan for Ozone, 
July, 1999.
    (C) Supplemental Background Document and Technical Support for 
Public Hearings on Modifications to the July 1999 Proposal to Revise 
the State Implementation Plan for Ozone, September, 1999.
    (D) Table of Unit Allocations.

    5. In Sec. 52.1167 the Table 52.1167 is amended by:
    a. Adding new entries in numerical order for ``310 CMR 
7.19(13)(b)'' and ``310 CMR 7.28,'' and
    b. Adding a new entry ``310 CMR 7.27'' under existing ``310 CMR 
7.27.''
    The additions read as follows:


Sec. 52.1167  EPA--approved Massachusetts State regulations

* * * * *

                                                    Table 52.1167--EPA-Approved Rules and Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                           Comments/
         State citation             Title/subject     Date submitted by    Date approved by EPA    Federal Register      52.1120(c)        unapproved
                                                            State                                      citation                             sections
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                   *                  *                  *                  *                  *                  *                  *
310 CMR 7.19(13)(b)............  Continuous          November 19, 1999.  12/27/2000               65 FR 81747.......             124   revisions to
                                  Emissions                                                                                             regulatory
                                  Monitoring                                                                                            language.
                                  Systems.
 
                   *                  *                  *                  *                  *                  *                  *
                                                     November 19, 1999.  12/27/2000               65 FR 81747.......             124   adding paragraphs
                                                                                                                                        7.27(6)(m),
                                                                                                                                        7.27(9)(b),
                                                                                                                                        7.27(11)(o),
                                                                                                                                        7.27(11)(p) and
                                                                                                                                        7.27(15)(e).
 
                   *                  *                  *                  *                  *                  *                  *
310 CMR 7.28                     NOX Allowance       January 7, 2000     12/27/2000               65 FR 81747.......             124   .................
                                  Trading Program.
 
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------

Subpart OO--Rhode Island

    6. Section 52.2070 is amended by:
    a. Adding in numerical order a new entry for ``Air Pollution 
Control Regulation 41'' to the table in paragraph (c).
    b. Adding in State submittal date order new entries for ``October 
1, 1999 letter from Rhode Island Department of Environmental 
Management'', ``NOX State Implementation Plan (SIP) Call 
Narrative'' and ``November 19, 1999, letter from Rhode Island 
Department of Environmental Management'' to the table in paragraph (e).


Sec. 52.2070  Identification of plan.

* * * * *
    (c) * * *

[[Page 81748]]



                                      EPA Approved Rhode Island Regulations
----------------------------------------------------------------------------------------------------------------
                                                    State effective
        State citation            Title/subject          date            EPA approval date        Explanations
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
Air Pollution Control            NOX Budget        October 1, 1999.  12/27/2000
 Regulation No. 41.              Trading.                            65 FR 81748
                                Program..........
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                                           Rhode Island Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of Non Regulatory SIP      Geographic or     State Submittal
           Provision               Nonattainment      Date/Effective   EPA Approved Date       Explanations
                                        area               Date
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
October 1, 1999, letter from     Statewide........  Submitted October  12/27/2000.......  Submitting Air
 Rhode Island Department of                          1, 1999.          65 FR 81748......   Pollution Control
 Environmental Management.                                                                 Regulation No. 14,
                                                                                           ``NOX Budget Trading
                                                                                           Program,'' and the
                                                                                           ``NOX State
                                                                                           Implementation Plan
                                                                                           (SIP) Call
                                                                                           Narrative.''
``NOX State Implementation Plan  Statewide........  Submitted October  12/27/2000
 (SIP) Call Narrative,''                             1, 1999.          65 FR 81748......
 September 22, 1999.
November 9, 1999, letter from    Statewide........  Submitted          12/27/2000.......  Stating RI's intent to
 Rhode Island Department of                          November 9, 1999. 65 FR 81748......   comply with
 Environmental Management.                                                                 applicable reporting
                                                                                           requirements.
 
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[FR Doc. 00-32845 Filed 12-26-00; 8:45 am]
BILLING CODE 6560-50-U