[Federal Register Volume 79, Number 79 (Thursday, April 24, 2014)]
[Rules and Regulations]
[Pages 22774-22776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08610]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2012-0951; FRL-9800-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Massachusetts; Revisions to Fossil Fuel Utilization Facilities and 
Source Registration Regulations and Industrial Performance Standards 
for Boilers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving several 
State Implementation Plan (SIP) revisions submitted by the Commonwealth 
of Massachusetts. The revisions add new monitoring, inspection, 
maintenance and testing requirements for certain fossil fuel 
utilization facilities, rename and clarify stationary source emission 
reporting requirements, and establish compliance and certification 
standards for new boilers. The intended effect of this action is to 
approve the Commonwealth's revised ``Fossil Fuel Utilization Facility'' 
regulation, ``Source Registration'' regulation, and new ``Industrial 
Performance Standards for Boilers.'' This action is being taken under 
the Clean Air Act.

DATES: This rule is effective on May 27, 2014.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification Number EPA-R01-OAR-2012-0951. 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 U.S. Environmental 
Protection Agency, EPA New England Regional Office, Office of Ecosystem 
Protection, Air Permits, Toxics and Indoor Programs 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.
    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: Brendan McCahill, Air Permits, Toxics 
and Indoor Programs Unit, Office of Ecosystem Protection, U.S. 
Environmental Protection Agency Region 1, 5 Post Office Square--Suite 
100, (Mail code OEP05-2), Boston, MA 02109-3912, Telephone number (617) 
918-1652, Fax number (617) 918-0652, Email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. What action is EPA approving in this document?
II. What portions of the SIP submittals will EPA incorporate into 
the SIP?
III. Final Action.
IV. Statutory and Executive Order Reviews.

I. What action is EPA approving in this document?

    On February 7, 2013 (78 FR 9016), EPA published a Notice of 
Proposed Rulemaking (NPR) for the Commonwealth of Massachusetts.
    The NPR proposed approval of the following SIP submittals:
     A June 28, 1990 and a July 11, 2001 SIP amendment revising 
310 CMR 7.04 entitled, ``U Fossil Fuel Utilization Facilities,''
     A July 11, 2001 SIP amendment revising 310 CMR 7.12 
entitled, ``U Source Registration,''
     A September 14, 2006 SIP amendment adopting 310 CMR 
7.26(30)-(37) entitled, ``Industrial Performance Standards--U Boiler,'' 
and
     A February 13, 2008 SIP amendment that, among other 
things, revises 310 CMR 7.04, corrects several typographical errors, 
clarifies certain requirements to 310 CMR 7.12 and 310 CMR 7.26(30)-
(37) and updates the list of Massachusetts cities in 310 CMR 7.00.
    The specific requirements of four SIP submittals and the rationale 
for EPA's proposed action are explained in the NPR and will not be 
restated here. EPA did not receive any public comments on the NPR.

II. What portions of the SIP submittals will EPA incorporate into the 
SIP?

    On January 18, 2013, the Massachusetts Department of Environmental 
Protection (MassDEP) issued a letter to EPA withdrawing outdated and 
obsolete submittals and replacing them with SIP submittals containing 
effective versions of the regulations for approval into the SIP. The 
letter included two attachments. Attachment I identified the 
regulations that MassDEP requests EPA to approve into the SIP. The 
attachment includes struck out versions of those regulations MassDEP is 
withdrawing from consideration and the final version of the regulations 
(without strikeout) that MassDEP requests to be included in the SIP.
    Attachment 2 includes a list of regulations previously submitted to 
EPA for approval. The list indicates the regulation name and CMR 
regulation number, CMR page number, the MassDEP disposition of the rule 
(i.e., whether to withdraw it or have EPA act upon it), and the reason 
for the MassDEP's disposition.
    Based on the information from the two attachments, EPA is 
incorporating the latest versions of 310 CMR 7.00, ``Massachusetts 
Cities & Towns with Corresponding DEP Regional Offices and Air 
Pollution Districts,'' 310 CMR 7.04(2) and 7.04(4)(a), 310 CMR 7.12 and 
310 CMR 7.26(30-37) into the SIP. The February 13, 2008 SIP submittal 
included the latest version of the 310 CMR 7.00, 310 CMR 7.04(2) and 
7.04(4)(a) and 310 CMR 7.26(30-37). Numerous SIP submittals provided a 
portion of 310 CMR 7.12. The August 9, 2001 SIP submittal included 
provision 310 CMR 7.12(1)(a)1. The September 14, 2006 SIP submitted 
included provisions 310 CMR 7.12(2)(c), 310 CMR 7.12(3) and 310 CMR 
7.12(4). The February 13, 2008 SIP submittal included provisions 310 
CMR 7.12(1)(a)2-9, (1)(b) and (1)(c), and 310 CMR 7.12(2)(a) and (b).
    These versions of the regulations are the versions that were made 
available in the docket for the February 7, 2013 NPR. We are re-stating 
this information here, not because anything has changed since the 
publication of the NPR, but rather for clarity given the complex 
history of these submissions
    In addition, as described in the January 18, 2013 letter, the 
MassDEP has withdrawn the following regulations from inclusion into the 
SIP; 310 CMR 7.02, 310 CMR 7.03, 310 CMR 7.11, and 310 CMR 7.26(28)-
(29).

[[Page 22775]]

III. Final Action

    EPA is approving the following SIP submittals as a revision to the 
Massachusetts SIP:
     The June 28, 1990 SIP amendment revising 310 CMR 7.04,
     The July 11, 2001 SIP amendment revising 310 CMR 7.12,
     The September 14, 2006 SIP amendment revising 310 CMR 
7.12, and
     The February 13, 2008 SIP amendment revising 310 CMR 7.04, 
310 CMR 7.12, 310 CMR 7.26(30)-(37), and updating the list of 
Massachusetts cities in 310 CMR 7.00.
    With today's final action, EPA has completed its action on 
Massachusetts's February 13, 2008 SIP submittal. Nothing more regarding 
this submittal is pending before EPA.
    The Agency has reviewed this request for revision of the Federally-
approved State implementation plan for conformance with the provisions 
of the 1990 amendments enacted on November 15, 1990. The Agency has 
determined that this action conforms with those requirements 
irrespective of the fact that the submittal preceded the date of 
enactment.

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 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 June 23, 2014. 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 27, 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)(140) to read as 
follows:


Sec.  52.1120  Identification of plan.

* * * * *
    (c) * * *
    (140) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on Protection on 
August 9, 2001, September 14, 2006, and February 18, 2008.
    (i) Incorporation by reference.
    (A) Provision 310 CMR 7.12(1)(a)1 of 310 CMR 7.12, ``U Source 
Registration'' effective on August 3, 2001.
    (B) Provisions 310 CMR 7.12(2)(c), 7.12(3), and 7.12(4) of 310 CMR 
7.12, ``U Source Registration'' effective on September 23, 2005.
    (C) Provision 310 CMR 7.00, Table entitled, ``Massachusetts Cities 
& Towns with Corresponding DEP Regional Offices and Air Pollution 
Districts'' effective on December 28, 2007.
    (D) Provisions 310 CMR 7.04(2) and 7.04(4)(a) of 310 CMR 7.04, ``U 
Fossil Fuel Utilization Facilities'' effective on December 28, 2007.
    (E) Provisions 310 CMR 7.12(1)(a)2 through 9, (1)(b), (1)(c), 
(2)(a) and (b) of 310 CMR 7.12, ``U Source Registration'' effective on 
December 28, 2007.
    (F) Provisions 310 CMR 7.26(30) through (37) of 310 CMR 7.26 
``Industry Performance Standards'' effective on December 28, 2007.
    (ii) Additional materials.
    (A) A letter from the Massachusetts Department of Environmental 
Protection dated August 9, 2001 submitting a

[[Page 22776]]

revision to the State Implementation Plan.
    (B) A letter from the Massachusetts Department of Environmental 
Protection dated September 14, 2006 submitting a revision to the State 
Implementation Plan.
    (C) A letter from the Massachusetts Department of Environmental 
Protection dated February 13, 2008 submitting a revision to the State 
Implementation Plan.
    (D) A letter from the Massachusetts Department of Environmental 
Protection dated January 18, 2013 withdrawing certain outdated and 
obsolete regulation submittals and replacing them with currently 
effective versions of the regulation for approval and inclusion into 
the SIP.

0
3. In Sec.  52.1167, Table 52.1167 is amended by adding new entries in 
numerical order for 310 CMR 7.00, 310 CMR 7.04(2), 310 CMR 7.04(4)(a), 
310 CMR 7.12, and 310 CMR 7.26(30)-(37) 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]
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                                                                  Date         Date
           State citation                  Title/Subject       submitted   approved by     Federal Register      52.1120(c)      Comments/Unapproved
                                                                by state       EPA             citation                                sections
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                                                                      * * * * * * *
310 CMR 7.00........................  Table of MA cities and     11/13/07      4/24/14  [Insert Federal                 140  ...........................
                                       towns with                                        Register page number
                                       corresponding DEP                                 where the document
                                       Regional offices.                                 begins].
 
                                                                      * * * * * * *
310 CMR 7.04(2).....................  U Fossil fuel              11/13/07      4/24/14  [Insert Federal                 140  Clarifies new applicability
                                       Utilization                                       Register page number                 requirements for smoke
                                       Facilities.                                       where the document                   density instrument removal
                                                                                         begins].                             for certain facilities.
310 CMR 7.04(4)(a)..................  U Fossil Fuel              11/13/07      4/24/14  [Insert Federal                 140  Requires inspection,
                                       Utilization                                       Register page number                 maintenance testing at
                                       Facilities.                                       where the document                   facilities with heat
                                                                                         begins].                             inputs over 3 MMBtu/ hr
                                                                                                                              (excluding combustion
                                                                                                                              turbines and engines);
                                                                                                                              requires posting of test
                                                                                                                              results near facilities.
 
                                                                      * * * * * * *
310 CMR 7.12........................  U Source Registration.  5/31/01, 8/      4/24/14  [Insert Federal                 140  Revises applicability
                                                              23/05 & 11/                Register page number                 threshold emission levels,
                                                                    13/07                where the document                   expands list of sources
                                                                                         begins].                             required to report
                                                                                                                              emissions, and clarifies
                                                                                                                              types of information
                                                                                                                              reported.
 
                                                                      * * * * * * *
310 CMR 7.26(30)-(37)...............  Industry Performance       11/13/07      4/24/14  [Insert Federal                 140  Sets standards for certain
                                       Standards--U Boilers.                             Register page number                 types of new boilers:
                                                                                         where the document                   replaces requirements to
                                                                                         begins].                             obtain a plan approval
                                                                                                                              under 310 CMR 7.02(2).
 
                                                                      * * * * * * *
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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.

    Editorial Note: This document was received for publication by the 
Office of the Federal Register on April 11, 2014.

[FR Doc. 2014-08610 Filed 4-23-14; 8:45 am]
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