[Federal Register Volume 84, Number 61 (Friday, March 29, 2019)]
[Rules and Regulations]
[Pages 11885-11887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06015]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2018-0791; FRL-9991-35-Region 1]


Air Plan Approval; Massachusetts; Regional Haze Five-Year 
Progress Report State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
Massachusetts' Regional Haze Five-Year Progress Report, submitted on 
February 9, 2018 as a revision to its State Implementation Plan (SIP). 
This SIP revision addresses requirements of the Clean Air Act (CAA) and 
EPA's rules that require states to submit periodic reports describing 
the progress toward reasonable progress goals (RPGs) established for 
regional haze and a determination of adequacy of the State's existing 
regional haze SIP. EPA is approving Massachusetts' February 9, 2018 SIP 
submittal on the basis that it addresses the progress report and 
adequacy determination requirements for the first implementation period 
for regional haze.

DATES: This rule is effective on April 29, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2018-0791. All documents in the docket

[[Page 11886]]

are listed on the https://www.regulations.gov website. 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 https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
Region 1 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: Anne K. McWilliams, Air Quality Unit, 
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office 
Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912, tel. 
(617) 918-1697, email [email protected].

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

Table of Contents

I. Background and Purpose
II. Public Comment
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On February 1, 2019 (84 FR 1021), EPA published a Notice of 
Proposed Rulemaking (NPRM) proposing to approve Massachusetts' Regional 
Haze Five-Year Progress Report, submitted by the Massachusetts 
Department of Environmental Protection (MassDEP) on February 9, 2018. A 
detailed discussion of Massachusetts' regional haze progress report and 
EPA's rationale for approving the SIP revision were provided in the 
NPRM and will not be restated here.

II. Public Comment

    EPA received one comment in response to the NPRM. The comment 
discussed subjects outside the scope of a regional haze SIP action, 
does not explain (or provide a legal basis for) how the proposed action 
should differ in any way, and makes no specific mention of the proposed 
action; it is not germane.

III. Final Action

    EPA is approving Massachusetts' Regional Haze Five-Year Progress 
Report, submitted by MassDEP on February 9, 2018, as a revision to the 
Massachusetts SIP.

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);
     This action is not an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have 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 May 28, 2019. 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, Regional haze, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.


[[Page 11887]]


    Dated: March 25, 2019.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.

    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. In Sec.  52.1120 (e), amend the table by adding an entry entitled 
``Massachusetts Regional Haze Five-Year Progress Report'' at the end of 
the table to read as follows:


Sec.  52.1120   Identification of plan.

* * * * *
    (e) * * *

                                                              Massachusetts Non-Regulatory
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     Name of non-regulatory SIP           Applicable geographic or        State submittal date/effective
             provision                       nonattainment area                        date                 EPA approved date \3\       Explanations
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                                                                      * * * * * * *
Massachusetts Regional Haze Five-    Statewide........................  Submitted 2/9/2018...............  3/29/19, [Insert
 Year Progress Report.                                                                                      Federal Register
                                                                                                            citation].
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\3\ To determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the
  particular provision.

[FR Doc. 2019-06015 Filed 3-28-19; 8:45 am]
 BILLING CODE 6560-50-P