[Federal Register Volume 78, Number 26 (Thursday, February 7, 2013)]
[Proposed Rules]
[Pages 9016-9020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02812]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2012-0951; FRL- 9778-6]
Approval and Promulgation of Air Quality Implementation Plans;
Massachusetts; Revisions to Fossil Fuel Utilization and Source
Registration Regulations and Boiler Industrial Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is proposing to approve several State Implementation
Plan (SIP) revisions submitted by the State of Massachusetts. The
revisions add new monitoring, inspection, maintenance and testing
requirements for certain fossil fuel utilization facilities, rename and
clarify stationary source emission reporting requirements, and
establish compliance and certification standards for new boilers. The
intended effect of this action is to propose approval of the state's
revised fossil fuel utilization facility regulation, source
registration regulation, and new industrial performance standards for
boilers. This action is being taken under the Clean Air Act.
DATES: Written comments must be received on or before March 11, 2013.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2012-0951 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: (617) 918-0653.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2012-0951'',
Ida E. McDonnell, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Permits, Toxics
and Indoor Programs Unit, 5 Post Office Square--Suite 100, (Mail Code
OEP05-2), Boston, MA 02109-3912.
5. Hand Delivery or Courier. Deliver your comments to: Ida E.
McDonnell, Manager, Air Permits, Toxics, and Indoor Programs Unit, U.S.
Environmental Protection Agency, EPA New England Regional Office,
Office of Ecosystem Protection, Air Permits, Toxics and Indoor Programs
Unit, 5 Post Office Square--Suite 100, (mail code OEP05-2), Boston, MA
02109-3912. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
legal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2012-0951. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. 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 either electronically in www.regulations.gov or
in hard copy at Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA New England Regional Office, Office of Ecosystem
Protection, Air Permits, Toxics and Indoor Programs, 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 to 4:30, excluding
legal holidays.
In addition, copies of the state submittal and EPA's technical
support document are also available for public inspection during normal
business hours, by appointment at the Division of Air Quality Control,
Department of Environmental Protection, One Winter Street, 7th Floor,
Boston, MA 02108.
FOR FURTHER INFORMATION CONTACT: Brendan McCahill, Air Permits, Toxics
and Indoor Programs Unit, Office of Ecosystem Protection, U.S.
Environmental Protection Agency Region 1, 5 Post Office Square--Suite
100, (Mail code OEP05-2), Boston, MA 02109-3912, Telephone number (617)
918-1652, Fax number (617) 918-0652, Email [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
Table of Contents
I. What action is EPA proposing in this document?
II. What is the background for the action proposed by EPA in this
document?
III. What is EPA's analysis of Massachusetts's SIP revisions?
A. 310 CMR 7.04: U Fossil Fuel Utilization Facilities
B. 310 CMR 7.12: U Source Registration
C. 310 CMR 7.26(30)-(37) Industrial Performance Standard--U
Boilers
D. Miscellaneous Changes
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. What action is EPA proposing in this document?
On June 28, 1990 and July 11, 2001, the Massachusetts Department of
Environmental Protection (MassDEP) submitted SIP amendments revising
310 CMR 7.04 ``U Fossil Fuel Utilization Facilities.'' On July 11,
2001, the MassDEP submitted a SIP amendment revising 310 Code of
Massachusetts Regulations (CMR) 7.12, ``U Source Registration.'' On
September 14, 2006, the MassDEP submitted a SIP amendment adopting 310
CMR 7.26(30)-(37), ``Industrial Performance Standard--U Boilers.'' On
February 13, 2008, the MassDEP submitted an additional amendment to
revise 310 CMR 7.04 ``U Fossil Fuel Utilization
[[Page 9017]]
Facilities'' and to correct several typographical errors and to clarify
certain requirements to 310 CMR 7.00, 310 CMR 7.12 and 310 CMR
7.26(30)-(37). On January 18, 2013, the MassDEP submitted a letter
withdrawing outdated and obsolete regulation submittals and replaced
them with effective versions of the above regulations for approval and
inclusion into the SIP.
EPA is proposing to approve the February 13, 2008 revisions to 310
CMR 7.04; the July 11, 2001 and February 13, 2008 revisions to 310 CMR
7.12; the September 14, 2006 and February 13, 2008 revisions to 310 CMR
7.26(30)-(37); and the February 13, 2008 revisions to the list of
Massachusetts cities and towns that reflect changes in the MassDEP
regional boundaries located at the beginning 310 CMR 7.00.
II. What is the background for the action proposed by EPA in this
document?
Section 110 (a)(1) of the Clean Air Act (CAA) requires each state
to submit to EPA a plan which provides for the implementation,
maintenance and enforcement of each national ambient air quality
standard (NAAQS). These plans, generally referred to as the state
implementation plans or SIPs, include numerous air quality monitoring,
emission inventory, and emission control requirements designed to
obtain and maintain the NAAQS within the state. The CAA requires states
to adopt SIP revisions into the state regulations and to submit the
revisions to EPA for approval. Section 110(l) of the CAA states that
EPA shall not approve a revision to the SIP if the revision would
interfere with any applicable requirement concerning attainment of the
NAAQS and reasonable further progress, or any other applicable
requirement of the CAA. Section 193 of the CAA states that EPA shall
not approve a revision to any control requirement in effect before
November 15, 1990 in an area which is a nonattainment area for any air
pollutant unless the modification ensures equivalent or greater
emission reductions of that air pollutant.
EPA has over time approved numerous state regulatory revisions into
the Massachusetts SIP. Each regulation performs a different function
specifically required by the CAA or determined by the state to be
necessary to attain and maintain the NAAQS. Among other requirements,
the Massachusetts SIP-approved regulations include 310 CMR 7.04,
``Fossil Fuel Utilization Facilities'' and 310 CMR 7.12, ``Source
Registration.''
310 CMR 7.04 regulates the use of fossil fuels by fossil fuel
utilization facilities in Massachusetts. The regulation establishes
smoke density limits; combustion efficiency requirements; and
inspection, maintenance and testing requirements for fossil fuel fired
facilities. The use of fossil fuels is a significant source of nitrogen
oxides (NOX), sulfur dioxide (SO2), and
particulate matter (PM) emissions. While not specifically required by
the CAA, the fossil fuel control requirements in 310 CMR 7.04 reduce
the emissions of all the pollutants in Massachusetts.
310 CMR 7.12 requires stationary sources to collect information,
keep records and report emissions on a periodic schedule. The MassDEP
then uses the emission data to develop the state's emissions inventory
and NAAQS emission control planning requirements. Section 182(a)(3)(B)
``Emission Statements'' of the CAA establish the federal requirements
for stationary source emissions reporting. The section requires
permitting agencies to adopt regulations requiring owners and operators
of stationary sources of NOX or VOC to provide a statement
showing the actual emissions of NOX and VOCs from applicable
sources.
310 CMR 7.26(30)-(37) establishes emission limits and operational
restrictions for new boilers with heat inputs equal to or greater than
10 million British thermal units per hour (MMBtu/hr) and less than 40
MMBtu/hr. Emission increases from the construction of new boilers are
currently subject to the MassDEP's 310 CMR 7.02(4) and (5) ``Plan
Approval and Emission Limitations.'' The MassDEP adopted 310 CMR
7.02(4) and (5) in an effort to comply with Sections 110(a)(2)(C) and
(D) of the CAA. The CAA requires states to adopt procedures that
regulate modification and construction of stationary sources as
necessary to ensure that NAAQS are achieved, and in particular to
prohibit a new stationary source of emissions, such as a new boiler,
from emitting any air pollutant in amounts that would contribute to a
violation of a NAAQS or interfere with a NAAQS control strategy. For
sources that do not meet federal ``major source'' levels, the
requirements for the procedures required by Section 110(a)(2)(C),
typically referred to as the ``minor new source review program,'' are
codified into the federal regulations at 40 Code of Federal Regulations
(CFR) 51.160-164. The MassDEP currently has a SIP-approved minor NSR
program (currently entitled ``Regulation 2. Plans Approval and
Emissions Limitations,'' approved in 1979), and the state also
implements its minor NSR regulations at 310 CMR 7.02(4) and (5).
III. What is EPA's analysis of Massachusetts's SIP revisions?
As discussed above, Section 110(l) of the CAA establishes EPA's
standard for approving revisions to a SIP (and, for certain pre-1990
requirements, Section 193 may apply as well). The following analysis
explains how the SIP revisions meet these standards and may be approved
by EPA.
A. 310 CMR 7.04: U Fossil Fuel Utilization Facilities
The June 28, 1990 SIP amendment includes two new provisions to 310
CMR 7.04(2) ``U Smoke Density Indicator.'' The existing SIP provision
in regulation 4.2.1 prohibits the burning of fossil fuel oil or coal in
any high pressure fossil fuel utilization facility that is not equipped
with a smoke density sensing device. New provision 310 CMR 7.04(2)(a)
establishes a new heat input applicability threshold level of 40 MMBtu/
hr above which fossil fuel utilization facilities are required to
install and operate smoke density sensing instrumentation on or after
June 1, 1990. New provision 310 CMR 7.04(2)(b) provides the MassDEP the
authority to require fuel utilization facility to be equipped with a
smoke density sensing device if, in the opinion of the MassDEP, such a
device is necessary.
The July 11, 2001 SIP amendment includes two additional provisions
to 310 CMR 7.04(2). New provision 310 CMR 7.04(2)(c) allows fossil fuel
utilization facilities with energy inputs equal to or greater than 10
MMBtu/hr but less than 40 MMBtu/hr to discontinue and remove smoke
density sensing equipment even if required in a previous plan approval.
New provision 310 CMR 7.04(2)(d) states that, notwithstanding the
requirements of 310 CMR 7.04(2)(a) and (c), new or modified fossil fuel
fired facilities may be required to install instrumentation to monitor
opacity if subject to New Source Performance Standards at 40 CFR part
60, subpart D, Da, Db or Dc.
The February 13, 2008 SIP amendment includes a new provision under
310 CMR 7.04(4)(a) that prohibits the operation of fossil fuel fired
facilities with heat input capacities equal to or greater than 3
million British thermal units per hour (MMBtu/hr) unless the facility
has been inspected and maintained in accordance with manufacturer's
recommendations and been tested for efficient operation at least once
every calendar year. The new
[[Page 9018]]
provisions also require facilities to record the results from the
inspection, maintenance and testing and to post the result
conspicuously on or near the facility. The provision also includes
language that excludes combustion turbines and reciprocating engines
from the inspection, maintenance and testing requirements. The
inspection, maintenance and testing requirements for these types of
sources are already established under state's rules at 310 CMR 7.02(8)
and 310 CMR 7.26, ``Industrial Performance Standards.'' Therefore, the
inspection, maintenance and testing requirements under 310 CMR 7.04 are
redundant and not needed for these source types.
EPA proposes approval of the June 28, 1990, July 11, 2001 and
February 13, 2008 SIP amendments to 310 CMR 7.04. EPA has not
identified any reason why removing the requirement to operate smoke
density sensing devices on small boilers would change how smaller
boilers operate or result in any emission increase. In addition, the
February 13, 2008 SIP amendment requires boilers with heat inputs
capacities over 3 MMBtu/hr to inspect, maintain and test for
operational efficiency. This will improve boiler operation and reduce
overall emissions. The emission decrease will more than offset any
possible emission increase that could result from the June 28, 1990,
July 11, 2001 and February 13, 2008 SIP amendments. The amendment is
also not inconsistent with the CAA since federal technology-based
emission control standards for boilers do not regulate smoke density
but rather opacity. EPA finds the amendments together will improve
operations at fossil fuel fired facilities, lower emissions for all
pollutants, strengthen the SIP, and be consistent with all federal
requirements.
B. 310 CMR 7.12: U Source Registration
The July 11, 2001 SIP amendment includes numerous revisions to 310
CMR 7.12. The amendment renames the regulation from ``Certificate
Record Keeping and Reporting'' to ``Source Registration.'' The
amendment clarifies the regulation's applicability requirements,
reporting deadlines, and information submission requirements. The
amendment also includes the addition of new source categories and
pollutants subject to the regulation's reporting requirements. Finally,
the amendment establishes reporting procedures for sources who had not
previously filed reports.
The February 13, 2008 SIP amendment includes new provisions that
require a facility to file a source registration if it operates under
the following: (1) a restricted emission status pursuant to 310 CMR
7.02(9), ``U Restricted emissions Status'' or 7.02(10), ``U
Modification of Restricted Emissions Status'' issued since January 1,
1990, or (2) a federal operating permit approval issued under 310 CMR
7.00, Appendix C.
EPA proposes to approve the July 11, 2001 and February 13, 2008
amendments into the SIP. The amendments do not change the underlying
SIP-approved requirements but rather strengthens the state regulations
by adding new requirements, expanding the applicability requirements,
and reorganizing and clarifying current requirements. The Technical
Support Document (TSD) for this proposed rulemaking provides a complete
list of revisions proposed by MassDEP and how they comply with federal
requirements.
C. 310 CMR 7.26(30)-(37): Industrial Performance Standard--U Boilers
310 CMR 7.26(30)-(37) establishes emission limits and operational
restrictions for new boilers with heat inputs equal to or greater than
10 MMBtu/hr and less than 40 MMBtu/hr. Emission increases from the
construction of new boilers are currently subject to the MassDEP's 310
CMR 7.02(4) and (5) ``Plan Approval and Emission Limitations.'' As
noted above, the MassDEP currently has a SIP-approved minor NSR program
(currently entitled ``Regulation 2. Plans Approval and Emissions
Limitations,'' approved in 1979), and the state also implements its
minor NSR regulations at 310 CMR 7.02(4) and (5).
In July, 2000, the MassDEP proposed to replace the existing plan
approval procedures for new boilers with heat inputs equal to or
greater than 10 MMBtu/hr and less than 40 MMBtu/hr with new performance
standards and compliance certifications requirements adopted under the
state's Environmental Result Program (ERP). As described in the state's
July 2000 Technical Support and Background Document (TSBD) for the
proposed amendment, the purpose of the ERP is to develop process-
specific performance standards and compliance certifications that
simplify the regulatory process, reduce cost and time for compliance
while maintaining effective standards and improving environmental
results. On September 14, 2006, the MassDEP submitted the proposed
performance standards and compliance certifications requirements for
boilers under 310 CMR 7.26(30)-(37) ``Industrial Performance
Standards--U Boilers'' to EPA as a formal SIP submittal.
The new industrial performance standard establishes emission limits
and operational restrictions for new natural gas and/or distillate oil
fired boilers. In lieu of obtaining a plan approval under 310 CMR 7.02,
owners and operators of a new boiler with heat inputs equal to or
greater than 10 MMBtu/hr and less than 40 MMBtu/hr must submit a
certification to the MassDEP stating that the new boiler complies with
the emission and operational requirements in 310 CMR 7.26(30)-(37).
On February 13, 2008, the MassDEP submitted a SIP amendment
revising 310 CMR 7.26(30)-(37). The 2008 SIP amendment includes a new
provision that requires an owner or operator of a new boiler subject to
310 CMR 7.26(30)-(37) to submit the certification to the MassDEP prior
to installation and operation of the boiler.
The amendments to 310 CMR 7.26(30)-(37) effectively revise
Regulation 2, which was approved into the Massachusetts SIP in 1979 in
an area that is designated as nonattainment. Consequently, these
amendments cannot be approved unless they will ensure equal or greater
emission reductions as compared to the existing SIP-approved rules.
These rules (specifically, the minor NSR program) must meet the federal
minor NSR program requirements at 40 CFR 51.160-164, including the
applicability requirements at 40 CFR 51.160(e). Section 51.160(e)
requires the MassDEP to describe the types of sources subject to minor
NSR and to discuss the basis for determining which facilities will be
subject to review.
As discussed in the MassDEP's July 2000 TSBD Document, the proposed
Industrial Performance Standard requires the same emission limits, fuel
requirements and operational limitations as compared to boilers
currently undergoing case-by-case review under 310 CMR 7.02. In
addition, the emission limits meet or exceed the requirements for
boilers under the federal NSPS and National Emission Standards for
Hazardous Air Pollutants (NESHAP) programs.
The proposed boiler regulation also provides protection, similar to
310 CMR 7.02(4) and (5), that ensures the construction of new boilers
will not cause or contribute to a violation of an applicable NAAQS or
other control strategy. To ensure emissions disperse properly, 310 CMR
7.26(35) requires minimum stack heights for subject boilers. If the
stack height is below minimum height requirements, the provision
requires the use of an EPA
[[Page 9019]]
guideline air quality model to show that the operations of the boiler
will not cause the exceedance of a NAAQS. To provide additional
safeguards to protect the public, 310 CMR 7.26(35) restricts a subject
boiler to the use of inherently low emitting natural gas if the boiler
is locating on property adjacent to a street or sidewalk. Section
7.26(35) also provides that ``Stacks shall not be equipped with rain
protection of a type that restricts the vertical exhaust flow of the
combustion gases as they are emitted to the ambient air. `Shanty caps',
`egg beaters' and the like are prohibited.'' The terms ``shanty caps''
and ``egg beaters'' refer to devices that are used to prevent
precipitation from entering the stack but which restrict the vertical
flow of the exhaust gas stream.\1\ In accordance with this
understanding, EPA proposes that, for purposes of the federal SIP, the
prohibition in Section 7.26(35) should be interpreted to apply to any
device for stack rain protection that restricts the vertical exhaust
flow of the exhaust stream.
---------------------------------------------------------------------------
\1\ For example, the MassDEP's ``Boiler Environmental
Certification Workbook'' explains that ``Stack heads, devices used
to prevent precipitation from entering the stack, must not restrict
the vertical flow of the exhaust gas stream. Devices such as `shanty
caps' and `egg beaters' are prohibited. Coning of the top of the
stack and rain sleeves are acceptable. '' See MassDEP, Boiler
Environmental Certification Workbook, page 11, available at http://www.mass.gov/dep/service/online/boilwbk.pdf. EPA has added this
document to the administrative record for this action.
---------------------------------------------------------------------------
In addition, the monitoring, recordkeeping and reporting provisions
throughout 310 CMR 7.26(30)-(37) provides adequate compliance
requirements for all emission and operational requirements.
Finally, 310 CMR 7.26(32)(b) requires owners or operators of
subject boilers to submit a compliance certification before a new
boiler is installed and operational. This provision provides the
ability for the MassDEP to prevent installation of a boiler if it may
violate a NAAQS or other state emission requirement as required by the
federal NSR requirements.
Together, these provisions demonstrate that the proposed SIP
amendments will not result in increases in emissions above the current
SIP-approved rules or interfere with any attainment strategy. In
addition, since 310 CMR 7.26(30)-(37) applies equivalent emission and
operational limitations as compared to boilers currently undergoing
case by case review under the current SIP-approved requirements, the
amendment ensures equivalent (or greater) emission reductions than the
current SIP-approved minor NSR program. EPA concludes the amendments
are consistent with federal requirements and should be approved into
the SIP.
D. Miscellaneous Changes
On February 13, 2008, the MassDEP also submitted amendment updating
the list of Massachusetts cities and towns to reflect changes in the
MassDEP regional boundaries located at the beginning 310 CMR 7.00. EPA
is proposing to approve the updated list.
IV. Proposed Action
EPA is proposing to approve the June 28, 1990 and July 11, 2001 SIP
amendments to 310 CMR 7.04 ``U Fossil Fuel Utilization Facilities.''
EPA is also proposing to approve the July 11, 2001 SIP amendment to 310
CMR 7.12, ``U Source Registration'' and the September 14, 2006 SIP
amendment to 310 CMR 7.26(30)-(37), ``Industrial Performance
Standards--U Boiler.'' Finally, EPA is proposing to approve the
February 13, 2008 SIP amendment that revises 310 CMR 7.04 ``U Fossil
Fuel Utilization Facilities,'' corrects several typographical errors
and clarifies certain requirements to 310 CMR 7.12 and 310 CMR
7.26(30)-(37) and updates the list of Massachusetts cities in 310 CMR
7.00.
EPA is soliciting public comments on the issues discussed in this
proposal or on other relevant matters. These comments will be
considered before EPA takes final action. Interested parties may
participate in the Federal rulemaking procedure by submitting written
comments to the EPA New England Regional Office listed in the ADDRESSES
section of this Federal Register, or by submitting comments
electronically, by mail, or through hand delivery/courier following the
directions in the ADDRESSES section of this Federal Register.
The Agency has reviewed this request for revision of the Federally-
approved State implementation plan for conformance with the provisions
of the 1990 amendments enacted on November 15, 1990. The Agency has
determined that this action conforms with those requirements
irrespective of the fact that the submittal preceded the date of
enactment.
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 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 Order
12866 (58 FR 51735, October 4, 1993);
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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
[[Page 9020]]
Dated: January 31, 2013.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2013-02812 Filed 2-6-13; 8:45 am]
BILLING CODE 6560-50-P