[Federal Register Volume 78, Number 174 (Monday, September 9, 2013)]
[Rules and Regulations]
[Pages 54960-54962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21618]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2013-0028; A-1-FRL-9797-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Massachusetts; Reasonably Available Control Technology for the 1997 8-
Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving State Implementation Plan (SIP) revisions 
submitted by the State of Massachusetts. These SIP revisions consist of 
a demonstration that Massachusetts meets the requirements of reasonably 
available control technology (RACT) for oxides of nitrogen 
(NOX) and volatile organic compounds (VOC) set forth by the 
Clean Air Act with respect to the 1997 8-hour ozone standard. 
Additionally, we are approving updates to two existing regulations 
limiting emissions of volatile organic compounds. This action is being 
taken in accordance with the Clean Air Act.

DATES: This rule is effective on October 9, 2013.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2013-0028. All documents in the docket 
are listed on the 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 either electronically through 
www.regulations.gov or in hard copy at the Office of Ecosystem 
Protection, 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 to 
4:30, excluding legal holidays.
    Copies of the documents relevant to this action are also available 
for public inspection during normal business hours, by appointment at 
the Division of Air Quality Control, Department of Environmental 
Protection, One Winter Street, 8th Floor, Boston, MA 02108.

FOR FURTHER INFORMATION CONTACT: Bob McConnell, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston, 
MA 02109-3912, telephone number (617) 918-1046, fax number (617) 918-
0046, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    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. Statutory and Executive Order Reviews

I. Background and Purpose

    On February 14, 2013 (78 FR 10583), EPA published a Notice of 
Proposed Rulemaking (NPR) for the State of Massachusetts. The NPR 
proposed approval of Massachusetts' January 31, 2008 SIP submittal that 
demonstrates that the state has adopted air pollution control 
strategies that represent RACT for purposes of compliance with the 1997 
8-hour ozone standard. In addition, the NPR proposed approval of two 
revised regulations (and associated definitions) submitted by 
Massachusetts as a SIP revision on June 1, 2010: 310 CMR 7.18(8), 
``Solvent Metal Degreasing;'' and 310 CMR 7.24(6), ``Dispensing of 
Motor Vehicle Fuel.''
    The specific details of the January 31, 2008 RACT demonstration and 
the two revised regulations and the rationale for EPA's proposed action 
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 the RACT certification in Massachusetts' January 
31, 2008 SIP submittal that demonstrates that the state has adopted air 
pollution control strategies that represent RACT for purposes of 
compliance with the 1997 8-hour ozone standard. EPA previously approved 
other portions of Massachusetts' January 31, 2008 SIP submittal on 
August 22, 2012 (77 FR 50595), and Massachusetts withdrew certain other 
portions of the

[[Page 54961]]

submittal in a letter dated January 18, 2013. Therefore, with today's 
final action, EPA has completed its action on Massachusetts' January 
31, 2008 SIP submittal. Nothing more regarding this submittal is 
pending before EPA.
    In addition, we are approving two revised regulations submitted by 
Massachusetts on June 1, 2010: 310 CMR 7.18(8), ``Solvent Metal 
Degreasing;'' and 310 CMR 7.24(6), ``Dispensing of Motor Vehicle 
Fuel.'' Furthermore, we are also approving the following new and 
revised definitions in 310 CMR 7.00 that are associated with these 
regulations: Isolate; minor modification; routine maintenance; solvent 
metal degreasing; special and extreme solvent metal cleaning; and 
substantial modification.

III. 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law. 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 November 8, 2013. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 22, 2013.
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 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 52.1120 is amended by adding paragraph (c)(138) to read as 
follows:


Sec.  52.1120  Identification of plan.

* * * * *
    (c) * * *
    (138) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on June 1, 2010.
    (i) Incorporation by reference.
    (A) Massachusetts Regulation 310 CMR 7.18(8), ``U Solvent Metal 
Degreasing,'' effective on March 6, 2009.
    (B) Massachusetts Regulation 310 CMR 7.24(6), ``U Dispensing of 
Motor Vehicle Fuel,'' effective on March 1, 2009.
    (C) The definitions of the following terms contained in 
Massachusetts Regulation 310 CMR 7.00, ``Statutory Authority; Legend; 
Preamble; Definitions,'' effective on March 1, 2009: isolate; minor 
modification; routine maintenance; solvent metal degreasing; special 
and extreme solvent metal cleaning; substantial modification.

0
3. Section 52.1129 is amended by adding paragraph (j) to read as 
follows:


Sec.  52.1129  Control strategy: Ozone.

* * * * *
    (j) Approval--Reasonably Available Control Technology Demonstration 
for the 1997 8-hour ozone standard submitted by the Massachusetts 
Department of Environmental Protection on January 31, 2008. The 
revision consists of the state's certification that with regard to the 
1997 8-hour ozone standard, Reasonably Available Control Technology 
controls have been implemented for all sources in the state covered by 
EPA's Control Techniques Guidelines (CTG) and for all major sources of 
volatile organic compound and nitrogen oxide emissions. The

[[Page 54962]]

submittal also includes negative declaration for several CTG 
categories.


0
4. In Sec.  52.1167, Table 52.1167 is amended by adding new entries to 
existing state citations for 310 CMR 7.18(8) and 310 CMR 7.24(6) in 
order of ``Date approved by EPA'' 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         Date
          State citation                 Title/subject       submitted   approved by     Federal register         52.1120(c)        Comments/unapproved
                                                              by State       EPA             citation                                     sections
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
310 CMR 7.18(8)...................  Solvent Metal                6/1/10       9/9/13  [Insert Federal        [Insert next          .....................
                                     Degreasing.                                       Register page number   available paragraph
                                                                                       where the document     number in sequence].
                                                                                       begins].
 
                                                                      * * * * * * *
310 CMR 7.24(6)...................  Dispensing of Motor          6/1/10       9/9/13  [Insert Federal        [Insert next          .....................
                                     Vehicle Fuel.                                     Register page number   available paragraph
                                                                                       where the document     number in sequence].
                                                                                       begins].
 
                                                                     * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
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. 2013-21618 Filed 9-6-13; 8:45 am]
BILLING CODE 6560-50-P