[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Proposed Rules]
[Pages 46581-46585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15807]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2019-0220; FRL-9999-38-Region 1]
Air Plan Approval; Massachusetts; Reasonably Available Control
Technology for the 2008 and 2015 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of a State Implementation Plan (SIP) revision submitted by the
Commonwealth of Massachusetts. The SIP revision consists of a
demonstration that Massachusetts meets the requirements of reasonably
available control technology (RACT) for the two precursors for ground-
level ozone, oxides of nitrogen (NOX) and volatile organic
compounds (VOCs), set forth by the Clean Air Act (CAA or Act) with
respect to the 2008 and 2015 ozone National Ambient Air Quality
Standards (NAAQSs). Additionally, we are proposing approval of specific
regulations that implement the RACT requirements by limiting air
emissions of NOX and VOC pollutants from sources within the
Commonwealth. This action is being taken in accordance with the Clean
Air Act.
DATES: Written comments must be received on or before September 2,
2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2019-0220 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www.epa.gov/dockets/commenting-epa-dockets. 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 and facility closures due to COVID-19.
FOR FURTHER INFORMATION CONTACT: David L. Mackintosh, 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.
617-918-1584, email [email protected].
Table of Contents
I. Background
II. Summary of Massachusetts' SIP Revisions
III. EPA's Evaluation of the Submittals
A. NOX RACT for Major Sources
B. Non-CTG VOC RACT for Major Sources
C. CTG VOC RACT
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
Massachusetts is part of the Ozone Transport Region (OTR) under
Section
[[Page 46582]]
184(a) of the CAA. Sections 182(b)(2) and 184 of the CAA require states
with ozone nonattainment areas that are classified as moderate or
above, as well as areas in the OTR, to submit a SIP revision requiring
the implementation of RACT for sources covered by a control techniques
guideline (CTG) and for all major sources. A CTG is a document issued
by EPA which establishes a ``presumptive norm'' for RACT for a specific
VOC source category. RACT is defined as the lowest emission limitation
that a particular source is capable of meeting by the application of
control technology that is reasonably available considering
technological and economic feasibility.\1\ The CTGs usually identify a
particular control level which EPA recommends as being RACT. States are
required to address RACT for the source categories covered by CTGs
through adoption of rules as part of the SIP.
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\1\ See Memorandum from Roger Strelow, Assistant Administrator
for Air and Waste Management, U.S. EPA, to Regional Administrators,
U.S. EPA, ``Guidance for Determining Acceptability of SIP
Regulations in Non-Attainment Areas'' (Dec. 9, 1976); see also 44 FR
53761, 53762 (September 17, 1979).
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On October 5, 2006 (71 FR 58745), EPA issued four new CTGs:
Industrial Cleaning Solvents; Offset Lithographic Printing and
Letterpress Printing; Flexible Package Printing; and Flat Wood Paneling
Coatings, and applicable areas were required to address them by October
5, 2007. On October 9, 2007 (72 FR 57215), EPA issued three more CTGs:
Paper, Film, and Foil Coatings; Large Appliance Coatings; and Metal
Furniture Coatings, and applicable areas were required to address them
by October 9, 2008. On October 7, 2008 (73 FR 58841), EPA issued an
additional four CTGs: Miscellaneous Metal and Plastic Parts Coatings;
Fiberglass Boat Manufacturing Materials; Miscellaneous Industrial
Adhesives; and Automobile and Light-Duty Truck Assembly Coatings, and
applicable areas were required to address them by October 7, 2009.
Lastly, on Oct 27, 2016 (81 FR 74798), EPA issued a new CTG for the Oil
and Natural Gas Industry, and applicable areas were required to address
it by October 27, 2018.
On March 27, 2008 (73 FR 16436), EPA revised the health-based NAAQS
for ozone to 0.075 parts per million (ppm), averaged over an 8-hour
timeframe. EPA determined that the revised 8-hour standard would be
more protective of human health, especially with regard to children and
adults who are active outdoors and individuals with a pre-existing
respiratory disease such as asthma.
On March 6, 2015 (80 FR 12264), EPA published a final rule
outlining the obligations for areas in nonattainment with the 2008
ozone standard, as well as obligations for areas in the OTR. This rule,
referred to as the ``2008 Ozone Implementation Rule,'' contains a
description of EPA's expectations for states with RACT obligations, and
required states in the OTR to certify RACT requirements by July 20,
2014. The 2008 Ozone Implementation Rule gives states several options
for meeting RACT requirements for the 2008 ozone standard. States may
(1) establish new or more stringent rules that meet RACT control levels
for the 2008 standard; (2) certify, where appropriate, that previously
adopted RACT rules approved by EPA under a prior ozone standard
represent adequate RACT control levels for the 2008 ozone NAAQS; or (3)
submit a negative declaration in instances where there are no sources
in the state covered by a specific CTG source category. States may use
these options alone or in combination to demonstrate compliance with
RACT requirements.
On October 26, 2015 (80 FR 65291), EPA revised the health-based
NAAQS for ozone, setting it at 0.070 ppm averaged over an 8-hour time
frame. On December 6, 2018 (83 FR 62998), EPA published a final rule
that outlines the obligations for areas in nonattainment with the 2015
ozone standard, as well as obligations for areas in the OTR. This rule,
referred to as the ``2015 Ozone Implementation Rule,'' requires states
in the OTR to certify RACT requirements by August 3, 2020.
On February 3, 2017 (82 FR 9158), EPA published a final rule
finding that Massachusetts, as well as 14 other states and the District
of Columbia, had failed to submit SIP revisions in a timely manner to
satisfy certain requirements for the 2008 ozone NAAQS. With respect to
Massachusetts, EPA found that the Commonwealth had failed to submit
three required SIP elements: NOX RACT for Major Sources;
Non-CTG VOC RACT for Major Sources; and CTG VOC RACT. Id. at 9162. This
finding became effective March 6, 2017, and started a SIP sanctions
clock, which required the missing SIP elements to be submitted and
deemed complete before September 6, 2018. Id. at 9160-61.
On May 18, 2020, EPA proposed to approve a State Implementation
Plan (SIP) revision submitted by the Commonwealth of Massachusetts (see
85 FR 29678). The revision provides Massachusetts' determination, via a
negative declaration, that there are no facilities within its borders
subject to EPA's 2016 Control Technique Guideline (CTG) for the oil and
gas industry. The comment period for this action closed on June 17,
2020. EPA's separate approval action on the Massachusetts negative
declaration for the Oil and Natural Gas Industry, can also be found
under Docket ID No. EPA-R01-OAR-2019-0220 at https://www.regulations.gov.
II. Summary of SIP Revisions
On October 18, 2018, Massachusetts submitted a SIP revision to
address its RACT requirements set forth by the CAA for the 2008 and
2015 8-hour ozone NAAQSs (i.e., RACT Certifications). On October 19,
2018, EPA determined Massachusetts' SIP submittal was administratively
and technically complete for the 2008 ozone NAAQS. This completeness
determination ended the offset sanctions identified in Clean Air Act
Section 179(b)(2), which began on September 6, 2018, as described in
the Findings of Failure to Submit SIP Submittals for the 2008 ozone
NAAQS (82 FR 9158, February 3, 2017).
The Massachusetts RACT Certification submittal is based on (1)
newly required RACT controls, for both major sources of NOX
and VOCs as well as for sources subject to CTGs, that have been
implemented in Massachusetts, and will be part of the Massachusetts SIP
upon final approval of this EPA action; (2) previously EPA-approved
RACT controls which are not being revised in this action, including
regulations and source-specific requirements, that represent RACT
control levels under the 2008 and 2015 ozone NAAQSs; and (3) the fact
that Massachusetts has no sources subject to RACT for several source
categories, for which negative declarations are described in Section
III.
Specifically, the Massachusetts October 2018 RACT SIP revision
contains a certification that Massachusetts has met all RACT
requirements for the 2008 and 2015 8-hour ozone NAAQSs and updates the
SIP with the following changes to Title 310 Code of Massachusetts
Regulations (CMR): revised section 7.00, Definitions; revised section
7.08(2), Municipal Waste Combustors; revised section 7.18, VOC RACT
subsections (3) Metal Furniture Surface Coating, (5) Large Appliance
Surface Coating, (11) Surface Coating of Miscellaneous Metal Parts and
Products, (12) Packaging Rotogravure and Packaging Flexographic
Printing, (14) Paper, Film and Foil Surface Coating, (21) Surface
Coating of Plastic Parts, (24) Flat Wood Paneling Surface Coating, (25)
Offset Lithographic Printing Letterpress
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Printing; withdrawal of section 7.18(7), Automobile Surface Coating;
adding 7.18, VOC RACT subsections (31) Industrial Cleaning Solvents and
(32) Fiberglass Boat Manufacturing; and revised section 7.19,
NOX RACT subsections (2) General Provisions, (4) Large
Boilers, (5) Medium-size Boilers, (6) Small Boilers, (7) Stationary
Combustion Turbines, (8) Stationary Reciprocating Internal Combustion
Engines, and (9) Municipal Waste Combustor Units.
On May 28, 2020, Massachusetts submitted a ``RACT SIP Revision'' to
withdraw portions of the Massachusetts October 2018 RACT SIP revision
and replace these portions with more recently adopted versions of the
regulations. EPA determined Massachusetts' May 28, 2020 RACT SIP
revision was administratively and technically complete on June 2, 2020.
Massachusetts' May 28, 2020, RACT SIP revision adds an exemption for
aerospace operations to subsection (31) Industrial Cleaning Solvents
since aerospace cleaning operations are already subject to VOC controls
in subsection (11) Surface Coating of Miscellaneous Metal Parts and
Products. Aerospace coating operation requirements in subsection (11)
Surface Coating of Miscellaneous Metal Parts and Products were also
revised to be consistent with the coating limits last approved as RACT
by EPA on October 9, 2013 (78 FR 54960), which are also consistent with
the EPA Aerospace CTG issued June 6, 1994 (59 FR 29216). The May 28,
2020, RACT SIP revision also contains a number of miscellaneous changes
and technical corrections, including an exemption for ``quality
assurance/quality control cleaning activities in manufacturing
processes'' in subsection (31) Industrial Cleaning Solvents,
clarifications to provisions for alternative VOC emissions standards
for surface coatings, and a revised definition of Paper, Film, and Foil
Coating to better align with the EPA CTG. Massachusetts' May 28, 2020
RACT SIP revision also reaffirms that the requirements in the
regulations as amended continue to constitute RACT in accordance with
EPA guidance.
III. EPA's Evaluation of the Submittals
A. NOX RACT for Major Sources
Massachusetts revised 310 CMR 7.19, Reasonably Available Control
Technology (RACT) for Sources of Oxides of Nitrogen (NOX),
to contain more stringent emission standards for large boilers,
stationary combustion turbines, and stationary reciprocating internal
combustion engines. Massachusetts evaluated other states' recent RACT
regulations and analyzed emissions and operational profiles of
combustion units at major source facilities in Massachusetts to
determine RACT requirements for these categories. As part of its
review, Massachusetts concluded that it was not reasonable for large
boilers, turbines, and engines that operate infrequently to meet the
more stringent emission limits. Therefore, the revised regulation
exempts from the new emission standards large boilers and turbines with
a three-year-average capacity factor less than ten percent. MassDEP's
regulations already allow owners of engines that operate less than
1,000 hours in any 12-month period to make a specific combustion
control adjustment to reduce NOX rather than meet numerical
emissions limits; this provision remains in the new RACT regulations.
Massachusetts also revised 310 CMR 7.08(2) and 7.19(9) to contain
lower NOX RACT emissions limits for large and small
municipal waste combustors (MWCs), respectively. Under 310 CMR 7.08(2),
the emissions standards for mass-burn waterwall and refuse-derived-fuel
(RDF) stoker units is reduced from 205 and 250 parts per million (ppm)
NOX to 150 and 146 ppm, respectively. These facilities use a
combination of selective non-catalytic reduction (SNCR) as well as
combustion air staging to minimize NOX emissions and ammonia
slip. The revised emissions limits are consistent with the most
stringent RACT regulations in nearby states. For small MWC units under
310 CMR 7.19(9), Massachusetts revised the emission limit to 167 ppm,
which is a reasonable limit of NOX emissions based on the
inherent NOX emissions performance and control technology
limitations of refractory-wall modular mass-burn small MWC units.
These NOX RACT revisions reduce NOX emissions
by lowering the maximum NOX content of most sources compared
to Massachusetts' previously-approved regulation. Therefore, the
revised rule is expected to achieve equivalent or greater emissions
reductions. Thus, revising the SIP to incorporate the revised rule will
not interfere with any applicable requirement concerning attainment and
reasonable further progress or any other applicable requirement of the
Act. See CAA Sec. 110(l).
Three source-specific requirements were previously approved into
the Massachusetts SIP for NOx RACT. One of these facilities, Solutia,
formerly Monsanto, 55 FR 5986 (2/21/1990), repowered its coal-fired
boiler to natural gas-only fuel, which is subject to the newer control
standards that are no less stringent than RACT. The remaining two
facilities with EPA approved source-specific requirements are
Oldcastle, formerly Medusa, 64 FR 48095 (9/2/1999) and Specialty
Minerals 64 FR 48095 (9/2/1999). These two facilities continue to
operate the same emissions units and EPA approved RACT controls.
After reviewing existing EPA-approved source-specific
NOX control requirements, revised regulations controlling
NOX sources, and the existing SIP approved regulations
described in 40 CFR part 52.1120(c) EPA-approved regulations, the EPA
agrees with Massachusetts' determination that requirements for major
sources of NOx meet, or are more stringent than, RACT requirements.
Herein, EPA proposes that the above controls represent RACT for these
NOX sources in Massachusetts for the 2008 and 2015 ozone
standards.
B. Non-CTG VOC RACT for Major Sources
Massachusetts has eight major VOC emitting facilities subject to
source-specific control requirements that were previously approved by
EPA. One of these faculties, Duro Textile Printers, closed permanently
in 2017. The remaining seven facilities with EPA approved source-
specific requirements are: (1) Alliance Leather, formerly Barnet
Corporation, 67 FR 62179 (10/4/2002); (2) Brittany Dyeing and Finishing
60 FR 12123 (3/6/1995); (3) Callaway, formerly Spalding Corporation, 54
FR 46894 (11/8/1989); (4) Erving Paper Mills 55 FR 5447 (2/15/1990);
(5) Gillette 67 FR 62179 (10/4/2002); (6) Solutia, formerly Monsanto
Chemical, 67 FR 62179 (10/4/2002); and (7) St. Gobain Abrasives, Inc.,
formerly Norton, 67 FR 62179 (10/4/2002). These sources continue to
operate in the same manufacturing sectors and while some of these
facilities have experienced physical and operational changes including
new and reconfigured processes subject to Best Available Control
Technology (BACT) as part of state minor New Source Review (NSR)
permitting, the level of VOC control continues to be no less stringent
than RACT.
After reviewing existing stationary VOC sources in Massachusetts,
the EPA agrees with Massachusetts' determination that the requirements
for major sources of VOC meet RACT requirements. EPA proposes that the
seven operating facilities with source-specific requirements continue
to represent RACT for major VOC sources in Massachusetts for the 2008
and 2015
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ozone standards because no new control technologies are known to be
reasonably available considering technological and economic feasibility
for these sources since our last approval.
C. CTG VOC RACT
The revisions to 310 CMR 7.18, subsections (3) Metal Furniture
Surface Coating, (5) Large Appliance Surface Coating, (11) Surface
Coating of Miscellaneous Metal Parts and Products, and (21) Surface
Coating of Plastic Parts contain updated work practices, coating
application methods, and recordkeeping requirements for applicable
facilities. The rules specifically list multiple types of approved
coating applications methods; however, other coating application
methods capable of achieving a transfer efficiency equivalent to, or
better than, that provided by high-volume low-pressure (HVLP) spray
application may also be used if approved by EPA. Control options permit
equivalent emissions limits expressed in terms of mass of VOC per
volume of solids as applied or the use of add-on controls. The coating
limits in the revised regulations generally follow the recommendations
in EPA's CTGs, with three notable category exceptions for metal parts
coatings: Extreme high gloss topcoat; other substrate antifoulant
coating; and antifouling sealer/tie. For these three categories,
Massachusetts reviewed industry data and determined that for purposes
of functionality, cost, and VOC emissions, the higher limits adopted
for these three coating categories constitute RACT. Massachusetts'
approach is consistent with the EPA guidance memorandum entitled
``Control Technique Guidelines for Miscellaneous Metal and Plastic Part
Coatings--Industry Request for Reconsideration'' from Stephen Page to
Air Branch Chiefs, Regions I-X, dated June 1, 2010. Massachusetts' new
VOC coating limits are also lower than most of the previously SIP-
approved limits. Although some specialty coatings limits are higher
than previous limits, since the general use coating limit is lower and
these coatings are more frequently used, coupled with the fact that the
revised rule's applicability is broader, the revised rule reduces VOC
emissions and will not interfere with any applicable requirement
concerning attainment and reasonable further progress or any other
applicable requirement of the Act. See CAA Sec. 110(l). This analysis
is also consistent with the March 17, 2011, EPA guidance memorandum
entitled ``Approving SIP Revisions Addressing VOC RACT Requirements for
Certain Coating Categories.''
The revisions to 310 CMR 7.18, subsections (12) Packaging
Rotogravure and Packaging Flexographic Printing, (14) Paper, Film and
Foil Surface Coating, and (25) Offset Lithographic Printing and
Letterpress Printing are consist with the recommendations in EPA's
CTGs. The revisions reduce VOC emissions by lowering applicability
thresholds compared to Massachusetts' previously-approved regulation.
The applicability thresholds for the work practices are revised to be
the greater of 15 pounds of VOC per day or 3 tons per rolling 12-month
period before application of control equipment. The applicability
thresholds for the emission limits are now 25 tons of VOC per rolling
12-month period per printing line before application of control
equipment. Therefore, the revised rules are expected to achieve
equivalent or greater emissions reductions. Thus, revising the SIP to
incorporate the revised rule will not interfere with any applicable
requirement concerning attainment and reasonable further progress or
any other applicable requirement of the Act. See CAA Sec. 110(l).
The revisions to 310 CMR 7.18, subsection (24) Flat Wood Paneling
Surface Coating are generally consistent with EPA's CTG for Flat Wood
Paneling Coatings (EPA-453/R-06-004, September 2006). The applicability
threshold of the greater of 15 pounds of VOC per day or 3 tons per
rolling 12-month period before application of control equipment was
revised to also consider associated cleaning operations. Applicable
sources are required to limit VOC emissions by adding on a pollution
control device with 90% efficiency or by limiting VOC content in
coatings to 2.1 lbs of VOC per gallon of coating. The rule also
requires record keeping and work practices for handling VOC-containing
coatings, thinners, cleaning materials, and coatings-related waste
materials. The revised rule reduces VOC emissions by lowering the
maximum VOC content of most coatings, compared to Massachusetts'
previously-approved regulation. Therefore, the revised rule is expected
to achieve equivalent or greater emissions reductions. Thus, revising
the SIP to incorporate the revised rule will not interfere with any
applicable requirement concerning attainment and reasonable further
progress or any other applicable requirement of the Act. See CAA Sec.
110(l).
The addition of 310 CMR 7.18, subsection (31) Industrial Cleaning
Solvents creates a new regulation, which generally applies to any
facility with emissions from industrial cleaning solvents greater than
15 pounds of VOC per day or 3 tons per rolling 12-month period, before
application of control equipment. The regulation contains work
practices and three options for compliance with the VOC content of the
industrial cleaning solvent: (1) Use of materials which meet the
specific VOC content limitations in Table 310 CMR 7.18(31)(d)1; or (2)
use of industrial cleaning solvents that have a VOC composite partial
pressure equal to or less than eight mm Hg at 20 [deg]C (68 [deg]F); or
(3) achievement of an overall VOC capture control efficiency of at
least 85% by weight using add-on air pollution capture and control
equipment.
The addition of 310 CMR 7.18, subsection (32) Fiberglass Boat
Manufacturing creates a new regulation, which applies to any fiberglass
boat manufacturing facility with emissions from manufacturing and
cleaning operations greater than 15 pounds of VOC per day or 3 tons per
rolling 12-month period, before the application of control equipment.
The regulation includes work practices and four options for compliance
with the monomer (the basic building block of fiberglass resins) VOC
content limitations for open molding resins and gel coats, as follows:
(1) Use materials which meet the specific VOC content limitations in
Table 310 CMR 7.18(32)(E)1; (2) emissions of no more than a calculated
weighted-average monomer VOC content for a specific category and
application method; (3) emissions of no more than a calculated
facility-wide emissions average VOC emissions cap; or (4) use of add-on
air pollution capture and control equipment to emit no more than a
numerical monomer VOC emission limitation that is determined for each
facility.
Massachusetts has determined that there are no applicable
stationary sources of VOC in Massachusetts for ten CTG categories: (1)
Refinery Vacuum Producing Systems, Wastewater Separators, and Process
Unit Turnarounds; (2) Leaks from Petroleum Refinery Equipment; (3)
Manufacture of Synthesized Pharmaceutical Products; (4) Manufacture of
Pneumatic Rubber Tires; (5) Large Petroleum Dry Cleaners; (6)
Manufacture of High-Density Polyethylene, Polypropylene, and
Polystyrene Resins; (7) Equipment Leaks from Natural Gas/Gasoline
Processing Plants; (8) Air Oxidation Processes; (9) Surface Coating of
Automobiles and Light-Duty Trucks; and (10) Oil and Natural Gas
Industry. These negative
[[Page 46585]]
declarations mean that Massachusetts has no applicable stationary
sources of VOC that are covered by these CTGs.
Since Massachusetts is making a negative declaration with respect
to the Automobiles and Light-Duty Truck Assembly Coatings CTG, they
have requested 310 CRM 7.18, subsection (7) be withdrawn from the
Massachusetts SIP. Since Massachusetts has certified there are no
applicable sources, and new sources would be subject to minor new
source review permitting, the withdrawal of the rule will have no
effect on VOC emissions compared to currently-approved regulations.
Thus, revising the SIP to withdraw the rule will not interfere with any
applicable requirement concerning attainment and reasonable further
progress or any other applicable requirement of the Act. See CAA Sec.
110(l).
EPA has evaluated Massachusetts' CTG VOC regulations, which the
Commonwealth certifies as meeting RACT for the 2008 and 2015 ozone
standards, and EPA finds that the regulations are sufficiently
consistent with recommendations in the respective EPA CTGs and are
based on currently available technologically and economically feasible
controls. Therefore, EPA proposes that the regulations being added and
revised in this action, along with the past approved VOC CTG
regulations, represent RACT in Massachusetts for the 2008 and 2015
ozone standards.
IV. Proposed Action
EPA is proposing to approve Massachusetts' SIP revision as meeting
the Commonwealth's RACT obligations for the 2008 and 2015 8-hour ozone
NAAQSs as set forth in sections 182(b) and 184(b)(2) of the CAA, and to
add ``Massachusetts Reasonably Available Control Technology State
Implementation Plan Revision for the 2008 and 2015 Ozone National
Ambient Air Quality Standards'' dated October 18, 2018, and ``RACT SIP
Revision'' dated May 28, 2020 to the Massachusetts SIP, which includes
ten negative declarations for CTG source categories. EPA is proposing
to approve 310 CMR changes to the Massachusetts SIP, as follows:
revised section 7.00, Definitions; revised section 7.08(2), Municipal
Waste Combustors; revised section 7.18, VOC RACT subsections (3) Metal
Furniture Surface Coating, (5) Large Appliance Surface Coating, (11)
Surface Coating of Miscellaneous Metal Parts and Products, (12)
Packaging Rotogravure and Packaging Flexographic Printing, (14) Paper,
Film and Foil Surface Coating, (21) Surface Coating of Plastic Parts,
(24) Flat Wood Paneling Surface Coating, (25) Offset Lithographic
Printing Letterpress Printing; withdrawal of 7.18, section (7)
Automobile Surface Coating; addition of 7.18 VOC RACT, subsections (31)
Industrial Cleaning Solvents and (32) Fiberglass Boat Manufacturing;
revised section 7.19, NOX RACT subsections (2) General
Provisions, (4) Large Boilers, (5) Medium-size Boilers, (6) Small
Boilers, (7) Stationary Combustion Turbines, (8) Stationary
Reciprocating Internal Combustion Engines, and (9) Municipal Waste
Combustor Units. EPA is soliciting public comments on the issues
discussed in this notice or on other relevant matters. These comments
will be considered before taking final action. Interested parties may
participate in the Federal rulemaking procedure by submitting written
comments to this proposed rule by following the instructions listed in
the ADDRESSES section of this Federal Register.
V. Incorporation by Reference
In this document, EPA is proposing to amend regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, EPA is proposing changes to the Massachusetts SIP as
described in the Proposed Action section above. The EPA has made, and
will continue to make, these documents generally available through
https://www.regulations.gov and at the EPA Region 1 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).
VI. 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 proposed 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 proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not expected to be 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: July 16, 2020.
Dennis Deziel,
Regional Administrator,EPA Region 1.
[FR Doc. 2020-15807 Filed 7-31-20; 8:45 am]
BILLING CODE 6560-50-P