[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Rules and Regulations]
[Pages 65236-65239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21146]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2019-0220; FRL-10015-04-Region 1]


Air Plan Approval; Massachusetts; Reasonably Available Control 
Technology for the 2008 and 2015 Ozone Standards

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. 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 or 
standards). Additionally, we are approving 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: This rule is effective on November 16, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2019-0220. 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 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].

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. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On August 3, 2020 (85 FR 46581), EPA issued a notice of proposed 
rulemaking (NPRM) for the Commonwealth of Massachusetts. In the NPRM, 
EPA proposed approval of a SIP revision submitted by Massachusetts on 
October 18, 2018 and revised by Massachusetts on May 28, 2020. The SIP 
revision contains a certification that Massachusetts has met all RACT 
requirements for the 2008 and 2015 8-hour ozone NAAQSs, negative 
declarations for ten Control Technique Guidelines (CTGs), and the 
following changes to Title 310 Code of Massachusetts Regulations (CMR): 
Revised section 7.00, Definitions; revised 7.00 Appendix B: Emission 
Banking, Trading, and Averaging, subsection (4)(b) Applicability 
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 section 7.18(7), Automobile Surface

[[Page 65237]]

Coating; adding 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, and adding 310 CMR 
7.26, Industry Performance Standards subsections (20) through (25) and 
(27) through (29) Environmental Results Program for Lithographic, 
Gravure, Letterpress, and Flexographic Printing.
    The NPRM provides the rationale for EPA's proposed approval, which 
will not be restated here.

II. Public Comment

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

III. Final Action

    EPA is approving the 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), 182(f) and 184(b)(2) of the 
CAA, and is adding to the SIP the Commonwealth's submission entitled 
``Reasonably Available Control Technology State Implementation Plan 
Revision 2008 and 2015 Ozone National Ambient Air Quality Standards'' 
and ``RACT SIP Revision'' dated October 18, 2018 and May 28, 2020 
respectively. EPA is approving negative declarations for nine 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; and (9) 
Surface Coating of Automobiles and Light-Duty Trucks. A tenth negative 
declaration, which applies to the Oil and Natural Gas Industry CTG, was 
approved by EPA on August 21, 2020 (85 FR 51666). EPA is also approving 
Title 310 CMR changes to the Massachusetts SIP, as follows: Revised 
section 7.00, Definitions; revised 7.00 Appendix B: Emission Banking, 
Trading, and Averaging, subsection (4)(b) Applicability; revised 
section 7.08(2), Municipal Waste Combustors; revised section 7.18, VOC 
RACT subsections (2) Compliance with Emission Limitations, (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, (20) Emission Control Plans for 
Implementation of RACT, (21) Surface Coating of Plastic Parts, (24) 
Flat Wood Paneling Surface Coating, (25) Offset Lithographic Printing 
Letterpress Printing, and (30) Adhesives and Sealants; withdrawal of 
7.18, section (7) Automobile Surface Coating; addition of 7.18 VOC 
RACT, subsections (1)(g) and (h), (31) Industrial Cleaning Solvents, 
and (32) Fiberglass Boat Manufacturing; revised section 7.19, 
NOX RACT subsections (1) Applicability, (2) General 
Provisions, (3) Emission Control Plans for Implementation of RACT, (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; and 
addition of 310 CMR 7.26, Industry Performance Standards, subsections 
which incorporate an Environmental Results Program for Lithographic, 
Gravure, Letterpress, and Flexographic Printing: subsections (20) 
through (25), (27), (28) except (28)(a), and (29).

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
Massachusetts regulations described in the amendments to 40 CFR part 52 
set forth below. 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). Therefore, these materials have been approved by EPA for 
inclusion in the state implementation plan, have been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference in 
the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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V. 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);
     [Igr]s 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

[[Page 65238]]

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 December 14, 2020. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: September 17, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.

    For the reasons stated in the preamble, the EPA amends part 52 of 
chapter I, title 40 of the Code of Federal Regulations 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:
0
a. Amend the table in paragraph (c) by revising the entries for ``310 
CMR 7.00 Definitions'', ``310 CMR 7.00 Appendix B Emission Banking, 
Trading, and Averaging'', ``310 CMR 7.08 Incinerators. Municipal Waste 
Combustors 310 CMR 7.08(2)'', ``310 CMR 7.18 Volatile and Halogenated 
Organic Compounds'', ``310 CMR 7.19 Reasonably Available Control 
Technology (RACT) for Sources of Oxides of Nitrogen (NOX)'', 
and ``310 CMR 7.26 ``Industry Performance Standards''.
0
b. Amend the table in paragraph (e) by adding a provision for 
``Reasonably Available Control Technology State Implementation Plan 
Revision 2008 and 2015 Ozone National Ambient Air Quality Standards and 
RACT SIP Revision'' at the end of the table.
    The additions and revisions read as follows:


Sec.  52.1120  Identification of plan.

* * * * *
    (c) * * *

                                     EPA-Approved Massachusetts Regulations
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     State citation           Title/subject     State effective date    EPA approval date       Explanations
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                                                  * * * * * * *
310 CMR 7.00............  Definitions.........  3/9/2018 and 3/20/    10/15/2020 [Insert    Approved 90 new
                                                 2020.                 Federal Register      definitions,
                                                                       citation].            updated 6
                                                                                             definitions, and
                                                                                             deleted definitions
                                                                                             for: Automotive
                                                                                             Surface Coating,
                                                                                             Manufacturing
                                                                                             Plant, and Propanol
                                                                                             Substitute.
 
                                                  * * * * * * *
310 CMR 7.00 Appendix B.  Emission Banking,     3/9/2018............  10/15/2020 [Insert    Revises (4)(b)
                           Trading, and                                Federal Register      Applicability.
                           Averaging.                                  citation].
 
                                                  * * * * * * *
310 CMR 7.08............  Incinerators.         3/20/2020...........  10/15/2020 [Insert    ....................
                           Municipal Waste                             Federal Register
                           Combustors 310 CMR                          citation].
                           7.08(2).
 
                                                  * * * * * * *
310 CMR 7.18............  Volatile and          3/20/2020...........  10/15/2020 [Insert    Withdraws subsection
                           Halogenated Organic                         Federal Register      (7) Automobile
                           Compounds.                                  citation].            Surface Coating;
                                                                                             adds new
                                                                                             subsections (1)(g)
                                                                                             and (h), (31)
                                                                                             Industrial Cleaning
                                                                                             Solvents, (32)
                                                                                             Fiberglass Boat
                                                                                             Manufacturing;
                                                                                             revises subsections
                                                                                             (2) Compliance with
                                                                                             Emission
                                                                                             Limitations, (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, (20)
                                                                                             Emission Control
                                                                                             Plans for
                                                                                             Implementation of
                                                                                             Reasonably
                                                                                             Available Control
                                                                                             Technology, (21)
                                                                                             Surface Coating of
                                                                                             Plastic Parts, (24)
                                                                                             Flat Wood Paneling
                                                                                             Surface Coating,
                                                                                             (25) Offset
                                                                                             Lithographic
                                                                                             Printing; and adds
                                                                                             subsections, (30)
                                                                                             Adhesives and
                                                                                             Sealants.
310 CMR 7.19............  Reasonably Available  3/20/2020...........  10/15/2020 [Insert    Revises subsection
                           Control Technology                          Federal Register      (1) Applicability,
                           (RACT) for Sources                          citation].            (2) General
                           of Oxides of                                                      Provisions, (3)
                           Nitrogen (NOX).                                                   Emission Control
                                                                                             Plans for
                                                                                             Implementation of
                                                                                             RACT, (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.

[[Page 65239]]

 
 
                                                  * * * * * * *
310 CMR 7.26............  Industry Performance  3/9/2018............  10/15/2020 [Insert    Adds Environmental
                           Standards.                                  Federal Register      Results Program for
                                                                       citation].            Lithographic,
                                                                                             Gravure,
                                                                                             Letterpress, and
                                                                                             Flexographic
                                                                                             Printing
                                                                                             subsections 20
                                                                                             through 25 and 27
                                                                                             through 29, except
                                                                                             28(a).
 
                                                  * * * * * * *
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* * * * *
    (e) * * *

                                          Massachusetts Non Regulatory
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                                                               State submittal
  Name of non regulatory SIP      Applicable geographic or      date/effective    EPA approved     Explanation
          provision                  nonattainment area              date             date
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                                                  * * * * * * *
Reasonably Available Control   Statewide.....................  Submitted 10/18/ 10/15/2020       Includes
 Technology State                                               2018 and 5/28/   [Insert          negative
 Implementation Plan Revision                                   2020.            Federal          declarations
 2008 and 2015 Ozone National                                                    Register         for 10 CTGs.
 Ambient Air Quality                                                             citation].
 Standards and RACT SIP
 Revision.
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[FR Doc. 2020-21146 Filed 10-14-20; 8:45 am]
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