[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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