[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
[Rules and Regulations]
[Pages 31206-31208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13936]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2018-0789; FRL-9995-71-Region 1]


Air Plan Approval; Massachusetts; Boston Metropolitan Area, 
Lowell, Springfield, Waltham, and Worcester Second 10-Year Carbon 
Monoxide Limited Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the Commonwealth of 
Massachusetts. This revision includes the second 10-year limited 
maintenance plan (LMP) for Carbon Monoxide (CO) for the Boston 
Metropolitan Area, as well as for the cities of Lowell, Springfield, 
Waltham, and Worcester. This LMP addresses maintenance of the CO 
National Ambient Air Quality Standard (NAAQS) for a second 10-year 
period beyond the original re-designation to attainment. This action is 
being taken in accordance with the Clean Air Act.

DATES: This rule is effective on July 31, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2018-0789. All documents in the docket 
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, Air and Radiation Division, 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: Ariel Garcia, Air Quality Branch, U.S. 
Environmental Protection Agency, EPA Region 1 Regional Office, 5 Post 
Office Square, Suite 100 (mail code: 05-2), Boston, MA 02109-3912, 
telephone number (617) 918-1660, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever

[[Page 31207]]

``we,'' ``us,'' or ``our'' is used, we mean EPA.

Table of Contents

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

I. Background and Purpose

    On May 16, 2019 (84 FR 22087), EPA published a Notice of Proposed 
Rulemaking (NPRM) for the Commonwealth of Massachusetts. The NPRM 
proposed approval of a SIP revision consisting of the second 10-year 
limited maintenance plan (LMP) for Carbon Monoxide (CO) for the Boston 
Metropolitan Area, as well as for the cities of Lowell, Springfield, 
Waltham, and Worcester. The formal SIP revision was submitted by 
Massachusetts on February 9, 2018.
    Other specific requirements for a second maintenance plan covering 
a second 10-year maintenance period, the utilization of the LMP option, 
and the rationale for EPA's proposed action are explained in the NPRM 
and will not be restated here. No public comments were received on the 
NPRM.

II. Final Action

    EPA is approving Massachusetts' second 10-year LMP for CO, for the 
Boston Metropolitan area, Lowell, Springfield, Waltham, and Worcester, 
as a revision to the Massachusetts SIP. EPA is also approving 
Massachusetts' alternative CO monitoring strategy for the Springfield 
area. EPA's approval of this LMP satisfies the CAA section 175A 
requirements for the second 10-year period in the aforementioned CO 
maintenance areas.

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 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 byAugust 30, 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, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 21, 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, in paragraph (e), amend the table by adding an 
entry entitled ``Carbon Monoxide 2nd 10-Year Limited Maintenance Plan'' 
at the end of the table to read as follows:


Sec.  52.1120   Identification of plan.

* * * * *
    (e) * * *

[[Page 31208]]



                                          Massachusetts Non Regulatory
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                                        Applicable           State
    Name of non regulatory SIP        geographic or     submittal date/  EPA approved date       Explanations
            provision               nonattainment area  effective date          \3\
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                                                  * * * * * * *
Carbon Monoxide 2nd 10-Year        Boston Metropolitan        2/9/2018  7/1/2019 [Insert
 Limited Maintenance Plan.          Area, Lowell,                        Federal Register
                                    Springfield,                         citation].
                                    Waltham, and
                                    Worcester.
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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. 2019-13936 Filed 6-28-19; 8:45 am]
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