[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
[Rules and Regulations]
[Pages 59728-59730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23593]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2008-0108; FRL-10001-37-Region 1]


Air Plan Approval; Massachusetts; Transport State Implementation 
Plans for the 1997 and 2008 Ozone Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the Commonwealth of 
Massachusetts that address the interstate transport of air pollution 
requirements of the Clean Air Act for the 1997 and 2008 ozone national 
ambient air quality standards (NAAQS) (i.e., ozone transport SIPs). The 
intended effect of this action is to approve the two transport SIPs as 
revisions to the Massachusetts SIP. This action is being taken in 
accordance with the Clean Air Act.

DATES: This rule is effective on December 6, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2008-0108. 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: Alison C. Simcox, Air Quality Branch, 
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office 
Square--Suite 100, (Mail code 05-2), Boston, MA 02109-3912, tel. (617) 
918-1684, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever

[[Page 59729]]

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

Table of Contents

I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On August 14, 2019 (84 FR 40344), EPA published a Notice of 
Proposed Rulemaking (NPRM) for the Commonwealth of Massachusetts.
    The NPRM proposed approval of SIP revisions that address the 
interstate transport of air pollution requirements of section 
110(a)(2)(D)(i)(I) of the Clean Air Act for the 1997, 2008, and 2015 
ozone national ambient air quality standards (NAAQS) (i.e., ozone 
transport SIPs). The formal SIP revisions were submitted by 
Massachusetts on January 31, 2008; February 9, 2018; and September 27, 
2018. In today's action, we are approving the transport SIPs for the 
1997 and 2008 ozone NAAQS. We will take final action on the transport 
SIP for the 2015 ozone NAAQS at a later date.
    The rationale for EPA's proposed action is explained in the NPRM 
and will not be restated here. One public comment was received on the 
NPRM.

II. Response to Comments

    EPA received one comment during the comment period stating that EPA 
cannot ``rely on a rule that a court has now vacated,'' referring to 
the recent ruling by the United States Court of Appeals for the 
District of Columbia Circuit in Wisconsin v. EPA, No. 16-1406, 2019 WL 
4383259 (D.C. Cir. Sept. 13, 2019), on EPA's Cross State Air Pollution 
Rule Update for the 2008 Ozone NAAQS (``CSAPR Update Rule''), 81 FR 
74504 (October 26, 2016). As an initial matter, the commenter is 
incorrect; the court remanded the CSAPR Update Rule to EPA but did not 
vacate it. Wisconsin, 2019 WL 4383259, at *26. In any event, our 
proposed approval of the Commonwealth's Transport SIP for the 1997 
ozone NAAQS did not rely on the CSAPR Update Rule. Thus, the court's 
ruling in Wisconsin does not affect our approval of Massachusetts' 
Transport SIP for the 1997 ozone NAAQS.
    With respect to the 2008 ozone NAAQS, our proposed approval relied 
in part on EPA's finding in the CSAPR Update Rule that emissions from 
Massachusetts do not significantly contribute to nonattainment or 
interfere with maintenance of the 2008 ozone NAAQS in any downwind 
state, see 84 FR at 40346-47 (citing 81 FR at 74506). However, no party 
challenged that aspect of the CSAPR Update in Wisconsin and nothing in 
the Wisconsin court's opinion overturned that finding or called it into 
doubt. Consequently, Wisconsin v. EPA likewise does not bar approval of 
the Commonwealth's Transport SIP for the 2008 ozone NAAQS.

III. Final Action

    EPA is approving transport SIPs that were submitted to address 
interstate transport requirements for CAA section 110(a)(2)(D)(i)(I) 
for the 1997 and 2008 ozone NAAQS 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);
     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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides, 
Volatile organic compounds.

    Dated: October 22, 2019.
Dennis Deziel,
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:


[[Page 59730]]


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


0
2. Section 52.1120 is amended in the table in paragraph (e) by adding 
entries for ``Interstate transport requirements of CAA for 1997 Ozone 
NAAQS,'' and ``Interstate transport requirements of CAA for 2008 Ozone 
NAAQS'' at the end of the table to read as follows;


Sec.  52.1120  Identification of plan

* * * * *
    (e) * * *
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    \3\ To determine the EPA effective date for a specific provision 
listed in this table, consult the Federal Register document cited in 
this column for the particular provision.

                                          Massachusetts Non Regulatory
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  Name of nonregulatory SIP    Applicable geographic    State submittal date/     EPA approved
          provision            or nonattainment area        effective date          date \3\       Explanations
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                                                  * * * * * * *
Interstate transport          Statewide..............  January 31, 2008.......  November 6,      Approved with
 requirements of CAA for                                                         2019 [Insert     respect to
 1997 Ozone NAAQS.                                                               Federal          requirements
                                                                                 Register         for CAA
                                                                                 citation].       section
                                                                                                  110(a)(2)(D)(i
                                                                                                  )(I).
Interstate transport          Statewide..............  February 9, 2018.......  November 6,      Approved with
 requirements of CAA for                                                         2019 [Insert     respect to
 2008 Ozone NAAQS.                                                               Federal          requirements
                                                                                 Register         for CAA
                                                                                 citation].       section
                                                                                                  110(a)(2)(D)(i
                                                                                                  )(I).
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[FR Doc. 2019-23593 Filed 11-5-19; 8:45 am]
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