[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Rules and Regulations]
[Pages 30737-30744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11687]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2008-0446; A-1-FRL-9901-93-Region 1]
Approval and Promulgation of Air Quality Implementation Plans;
Massachusetts; Regulations Limiting Emissions of Volatile Organic
Compounds and Nitrogen Oxides
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the Commonwealth of
Massachusetts. These revisions consist of updates and amendments to
existing air pollution control requirements for stationary sources of
volatile organic compounds (VOCs) and nitrogen oxides (NOX).
This action is being taken in accordance with the Clean Air Act.
DATES: This rule is effective on June 30, 2014.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2008-0446. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be 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
through www.regulations.gov or in hard copy at the Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
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. Copies of the documents
relevant to this action 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, 8th
Floor, Boston, MA 02108.
FOR FURTHER INFORMATION CONTACT: Bob McConnell, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston,
MA 02109-3912, telephone number (617) 918-1046, fax number (617) 918-
0046, email [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. Additionally, the phrase ``the
Commonwealth'' refers to the Commonwealth (or state) of Massachusetts.
Organization of this document. The following outline is provided to aid
in locating information in this preamble.
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On August 1, 2013 (78 FR 46552), EPA published a Notice of Proposed
Rulemaking (NPR) proposing to approve updates and amendments to
existing air pollution control requirements for stationary sources of
volatile organic compounds (VOCs) and nitrogen oxides (NOX)
contained in the Massachusetts State Implementation Plan (SIP). The
proposed revisions were submitted by the Massachusetts Department of
Environmental Protection to EPA on July 11, 2001, and September 14,
2006. The July 11, 2001 submittal was supplemented with two additional
submittals, one on August 9, 2001, and a second on January 18, 2002
(collectively referred to herein as the July 11, 2001 submittal).
The July 11, 2001 submittal includes revisions to Title 310 of the
Code of Massachusetts Regulations (CMR), section 7.19, Reasonably
Available Control Technology (RACT) for Sources of Nitrogen Oxides
(NOX). The September 14, 2006 submittal includes revisions
to 310 CMR 7.00, Definitions; 7.05, Fuels All Districts; 7.18, Volatile
and Halogenated Organic Compounds; 7.19, RACT for Sources of
NOX; and 7.24, Organic Material Storage and Distribution.
In addition, we note that our August 1, 2013 NPR indicated we
intended to take action on 310 CMR 7.18(8), Solvent Metal Degreasing,
as submitted on September 14, 2006. However, in light of a June 1, 2010
submittal by Massachusetts to EPA of an updated version of 310 CMR
7.18(8), Massachusetts withdrew its SIP revision request relating to
the September 14, 2006 version of section 7.18(8) by letter dated
January 18, 2013. Furthermore, we approved the updated version of
section 7.18(8) that Massachusetts submitted on June 1, 2010 within a
final rule published in the Federal Register on September 9, 2013. See
78 FR 54960.
Our August 1, 2013 proposal indicated that the Commonwealth's SIP
revision request included a request that the definitions of 81
different terms be approved into the SIP. By letter dated August 8,
2013, Massachusetts informed EPA that nine of the 81 definitions had
been unintentionally included in the SIP revision request. Therefore,
by the August 8, 2013 letter, Massachusetts withdrew its request that
those nine definitions be approved into the SIP. The nine terms are as
follows: ``Alter or alteration,'' ``Alternative fuel,'' ``Alternative
fuel vehicle,'' ``Asbestos,'' ``Asbestos-containing material,''
``Construct or construction,'' ``Cooling tower,'' ``Friable asbestos
containing material,'' and ``Non-road vehicle.'' Our final rule,
therefore, will not incorporate these terms into the Massachusetts SIP.
The other specific SIP revisions that were included in Massachusetts'
submittals are explained in the NPR and are detailed in the description
of amendments made to 40 CFR Part 52 described at the end of this final
rule.
II. Response to Comments
We received one comment letter on our proposal. The comments were
submitted by Robert Ukeiley on behalf of the Sierra Club, by letter
dated September 3, 2013. A summary of Sierra Club's comments and our
response to each is provided below.
Comment 1: Sierra Club notes that our proposed action was overdue,
given that Massachusetts' submittals to EPA occurred as far back as
2001. Sierra Club also commented that our delay should not be used as
justification for approving emission limits that are no longer
protective of public health. Additionally, Sierra Club commented that
there was very little analysis provided by EPA in the NPR as to why EPA
was proposing approval of Massachusetts' submittals.
Response 1: We acknowledge that our action on these updates to
regulations previously approved into the Commonwealth's SIP was
delayed. However, we note that, with the exception of the updates we
are taking final action on today, the majority of the provisions of the
regulations in question (including the pollutant emissions rate limits
contained within those regulations) have been part of the Massachusetts
SIP for many years, with
[[Page 30738]]
most being approved in the 1990's. Our action today involves
incorporating into the Massachusetts SIP minor amendments to previously
approved NOX and VOC control requirements. Our original
approval documents associated with these previously approved
regulations contained a thorough analysis justifying our action for
them. Consequently, we did not repeat our analysis in the NPR of the
already-approved portions of the regulations in question. Rather, we
provided in the NPR a brief summary of the changes being made
commensurate with the nature of those relatively minor changes to the
SIP as requested by Massachusetts. Our rationale for our previous
approvals of the more substantive provisions of the Massachusetts SIP's
NOX and VOC requirements can be found in the individual
rulemaking actions for them, which are chronicled within 40 CFR
52.1167.
In addition, Massachusetts' NOX and VOC regulations were
recently certified by Massachusetts, and approved by EPA, as
representing RACT for the 1997 ozone standard. See final approval at 78
FR 54960 (September 9, 2013) and the analysis included in our proposed
approval at 78 FR 10583 (February 14, 2013). EPA did not receive any
comments on the analysis presented in the proposed approval.
Sierra Club's comments on our proposed action primarily concerned
Massachusetts' NOX RACT regulation, 310 CMR 7.19. Table 1
below provides a summary of the specific provisions of Massachusetts'
NOX RACT regulation that were included in the July 11, 2001
and September 14, 2006 SIP submittals and which we are taking action on
today. Additionally, our response below to Sierra Club's second comment
addresses Sierra Club's assertion that EPA should disapprove 310 CMR
7.19(1)(c)(9) because it allows sources to comply with outdated
emissions limits.
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\1\ ``AP-42, Compilation of Air Pollutant Emission Factors,
Volume I: Stationary Point and Area Sources, Section 1.4 (EPA,
January 1995).
Table 1--Changes to 310 CMR 7.19, NOX RACT
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Citation within 310 CMR 7.19: Description of change
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7.19(4)(b)(3)(d)............................ Existing cross reference to 310 CMR 7.02(2) updated to reference
7.02(1), which contains the authority for Massachusetts to issue
approvals establishing emission limits and/or restrictions.
7.19(4)(c)(2)............................... Added the phrase ``or NOX ERCs'' to this provision to clarify that
the use of NOX emission reduction credits (ERCs) is an option for
sources seeking to comply via the alternative NOX RACT provision
of 7.19(4)(c). The use of NOX ERCs as one alternative compliance
option had already been approved into the SIP at 7.19(2)(g). See
61 FR 41338 (August 8, 1996).
7.19(4)(c)(f) and 7.19(5)(d)................ The following sentence was added to both sections:
``Notwithstanding this CO emission standard, the Department may
approve a higher CO emission standard for a medium-size boiler as
part of the emission control plan if the facility demonstrates
that combustion conditions will not significantly deteriorate
with the higher CO emission standard.''
Explanation: Measurement of CO (carbon monoxide) is often used to
monitor combustion efficiency, as higher CO levels can indicate a
degradation of performance. Both 7.19(4)(c)(f) and 7.19(5)(d)
contain CO exhaust concentration limits of 200 parts per million.
In certain circumstances, adding NOX air pollution control
equipment can lead to an increase in CO emissions.\1\ Given that
Massachusetts has no CO nonattainment areas, allowing the state
the discretion to exceed the CO limit is acceptable in instances
where a source demonstrates that it is necessary to properly
control NOX.
7.19(13)(a)(6).............................. Existing incorrect cross reference to stack testing provisions is
corrected from 310 CMR 7.19(13)(d) to properly reference 310 CMR
7.19(13)(c).
7.19(13)(c)(1).............................. Removed the word ``written'' from before the phrase ``Department
approval,'' allowing the state to authorize pretest stack testing
protocols without needing to do so in writing. Pursuant to
7.19(13)(c)(6), the Department must still approve, in writing,
emission test reports.
Numerous locations.......................... Throughout 7.19, the word ``million'' is replaced with numeric
1,000,000.
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Comment 2: Sierra Club comments that EPA should disapprove the
provision codified at 310 CMR 7.19(1)(c)(9), which provides for an
exemption from the NOX RACT requirements of section 7.19 for
stationary sources that obtain a plan approval (or permit) that imposes
a requirement to meet a level of control constituting best available
control technology (BACT) or lowest achievable emission rate (LAER).
Sierra Club contends that because reasonably available control
technology (RACT) advances over time as technology advances, the
provision in question denies the public the benefit of such advances in
technology by allowing sources to rely on outdated control technology,
e.g., by allowing sources to rely on technology that may have
constituted LAER or BACT decades ago and is not as stringent as
NOX RACT today.
Sierra Club also commented that EPA must disapprove the provisions
codified at section 310 CMR 7.19(2)(b)14 and 7.19(2)(g) pertaining to
the use of emission reduction credits and interstate emission trading
programs to meet RACT requirements. Sierra Club asserts that RACT is a
source specific emission limit and therefore cannot be met by buying
emission reduction credits from another facility. Sierra Club further
asserts that ``EPA's attempt to allow interstate trading programs to
qualify as RACT has been rejected by the DC Circuit.''
Response 2: EPA disagrees with Sierra Club's interpretation of 310
CMR 7.19(1)(c)(9). Sierra Club asserts that this requirement, ``appears
to exempt pollution emission sources from RACT if they obtained a plan
approval that includes BACT and LAER which was as stringent as RACT at
the time BACT or LAER was approved.'' The provision in question does
not, as Sierra Club's comment suggests, relieve a source from meeting
an emission rate that is equivalent to RACT, and, in fact, provides
that a source must meet an emission rate at least as stringent as RACT
pursuant to the source's obligation to meet BACT or LAER emissions
rates under a plan approval (or permit) issued by the Commonwealth. The
provision only provides that the source would not be subject to the
specific detailed requirements of 310 CMR 7.19, and does so because a
qualifying source would
[[Page 30739]]
necessarily be subject to a requirement to meet an emission rate that
is at least as stringent. That is accomplished by the language of
7.19(1)(c)(9) requiring that the BACT or LAER emission rate in the
relevant plan approval ``be no less stringent than RACT.'' When
implementing this provision, Massachusetts must first determine what
its NOX RACT regulation requires of the source being
evaluated, and then confirm that the BACT or LAER requirement contained
in the source's plan approval (or permit) is ``no less stringent than
RACT.'' In practice, sources to which this provision would apply are
typically subject to more stringent (as opposed to equivalent)
emissions rates pursuant to a BACT or LAER requirement; both BACT and
LAER require, in almost all cases, a more stringent (as opposed to
equivalent) level of emissions control than RACT. With respect to BACT,
this fact is noted within EPA's May 18, 2006 guidance memorandum from
William T. Harnett to EPA's Regional Air Division Directors, entitled
``RACT Qs and As--Reasonably Available Control Technology (RACT):
Questions and Answers,'' which contains the following:
BACT requires that new or modified sources adopt the best
available controls and, as such, the analysis is a ``top-down''
analysis that first looks at the most stringent level of control
available for a source. Industries applying for a construction
permit list in their application what are the currently most
stringent levels of control. The State verifies this by checking the
application against other data sources including EPA's RACT/BACT
Clearinghouse. RACT requires that sources adopt controls that are
reasonably available and thus they may not be the most stringent
controls that have been adopted for other similar sources.''
Similarly, 40 CFR 51.165(a)(1)(xiii) provides that a LAER level of
control also inherently is more stringent than RACT.
Additionally, EPA's implementation rule for the 1997 8-hour ozone
standard (70 FR 71653, November 29, 2005) notes that states may use
information from prior BACT or LAER analyses for purposes of showing
that a source is meeting RACT requirements.
With respect to Sierra Club's assertion that the provision in
question would allow a source to meet a level of control that is
outdated, potentially by decades, we do not believe that could happen
for the following reason. The most current NOX RACT
obligation that applies to Massachusetts under the Clean Air Act (CAA)
relates to the 1997 ozone standard. EPA has approved the Commonwealth's
NOX RACT certification for the 1997 ozone standard. See
proposed rule at 78 FR 10583 (February 14, 2013) and final rule at 78
FR 54960 (September 9, 2013). This means that Massachusetts has
demonstrated that its current NOX RACT regulations meet the
CAA's requirements for implementation of NOX RACT under the
1997 ozone standard. The certification approved by EPA required
Massachusetts to demonstrate that all sources subject to NOX
RACT in Massachusetts are meeting NOX RACT under the 1997
ozone standard. EPA has not yet promulgated in final form its
implementation rule for the 2008 ozone standard and states are not yet
required to submit SIP amendments in relation to NOX RACT
for the 2008 standard.
Furthermore, we note that EPA has previously approved provisions
similar to Massachusetts 310 CMR 7.19(1)(c)(9) in other states' RACT
regulations, e.g., Maine's VOC RACT regulations and Rhode Island's
NOX RACT regulations.\2\
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\2\ See the Maine Department of Environmental Protection's
Chapter 134 at section (1)(C)(2), and the Rhode Island Department of
Environmental Management's Air Pollution Control Regulation Number
27, at section 27.4.5, approved by EPA on April 18, 2000 (65 FR
20749) and September 2, 1997 (62 FR 46202), respectively.
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Finally, as noted above, Sierra Club comments that EPA must
disapprove the provisions at 310 CMR 7.19(2)(b)(14) and 310 CMR
7.19(2)(g), which address emission reduction credits and interstate
trading of emissions credits to comply with NOX RACT. These
provisions are not at issue in this action. EPA approved both 310 CMR
7.19(2)(b)(14) and 310 CMR 7.19(2)(g) into the Massachusetts SIP in
1999 and 1996, respectively. See 64 FR 48095 (September 2, 1999) and 61
FR 41335 (August 8, 1996). EPA's August 1, 2013 NPR did not propose to
take any further action on these two provisions, nor is EPA taking
action on these provisions through its action today. Consequently,
Sierra Club's comment is not germane to this action and no further
response is necessary.\3\
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\3\ Sierra Club's comment included the statement ``EPA's attempt
to allow interstate trading programs to qualify as RACT has been
rejected by the D.C. Circuit.'' The comment does not cite a D.C.
Circuit opinion that would support Sierra Club's broad assertion.
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Comment 3: Sierra Club commented extensively on 310 CMR 7.19(4),
NOX RACT for large boilers. Sierra Club's comments include
an extensive review of the permitted emission limits for a number of
coal fired power plants in Massachusetts. Sierra Club contends that EPA
must disapprove the NOX RACT emission limits at 310 CMR
7.19(4) for a number of reasons, including: (1) The Commonwealth's
failure to provide an explanation or basis for how these emission
limits were developed; (2) because the emissions limits are
significantly too high and thus not effective at moving Massachusetts
towards attainment of the ozone NAAQS; (3) the Commonwealth did not
consider using selective catalytic reduction as a control technology;
(4) the units of measure and averaging times associated with the
NOX RACT limits are flawed; and (5) the Commonwealth did not
consider the use of cleaner burning fuels.
Response 3: The final action we are taking today, which was also
described in our notice of proposed rulemaking (78 FR 46552; August 1,
2013), involves revisions to a limited portion of the Massachusetts
SIP, and consists of: (1) Various relatively minor amendments to
regulations that EPA had already approved into the Massachusetts SIP in
the past; and (2) the addition of certain definitions that help clarify
the meaning of terms used in previously approved Massachusetts SIP
provisions. None of the changes for which EPA proposed to take action,
and on which EPA is taking final action today, includes the
NOX RACT provisions for large boilers that Sierra Club
objects to in its third comment. The NOX RACT requirements
referenced by Sierra Club had earlier been approved by EPA into the
Massachusetts SIP, 64 FR 48095 (September 2, 1999), and they were more
recently certified by Massachusetts, and approved by EPA, as
representing NOX RACT for the 1997 ozone standard. 78 FR
54960 (September 9, 2013). The proposed rule approving Massachusetts'
NOX RACT certification contains the relevant analysis. 78 FR
10583 (February 14, 2013).
Comment 4: Sierra Club commented on two of the definitions that
Massachusetts seeks to incorporate into its SIP. Specifically, Sierra
Club commented that the definition for ``federally enforceable'' should
include ``enforceable by the Administrator and any person, as person is
defined under the Clean Air Act.'' Additionally, Sierra Club commented
that the definition of ``federal potential to emit'' should include
``actual emissions or maximum capacity to emit.''
Response 4: The definitions for ``federal potential to emit'' and
``federally enforceable'' that Massachusetts has adopted and submitted
to EPA for approval into the Commonwealth's SIP are consistent with
EPA's definitions for these terms found at 40 CFR 51.166(b)(4) and
(17), respectively. We therefore intend to
[[Page 30740]]
approve these two definitions into the Massachusetts SIP.
With regard to the Massachusetts definition of ``federal potential
to emit,'' we note that the definition we are approving already
contains the words ``means the maximum capacity of a stationary source
to emit.'' If Sierra Club's comment is intended to suggest that EPA
require Massachusetts to add the words ``actual emissions,'' EPA
responds as follows. First, the federal definition of that term does
not include the words ``actual emissions.'' Second, a stationary
source's ``maximum capacity'' to emit would, by definition, always be
equal to or greater than its ``actual emissions.'' So, adding the words
``actual emissions'' as requested by Sierra Club would not add anything
substantive to that definition.
With regard to the definition of ``federally enforceable,'' EPA
notes that Massachusetts' definition of the term already contains the
term ``Administrator.'' However, EPA's definition of ``federally
enforceable'' does not contain the words ``and any person, as person is
defined under the Clean Air Act.'' The definition in question on its
face relates to those provisions of regulations, permits, etc. that are
``federally'' enforceable. As such, a reference to the EPA
Administrator's authority to enforce is appropriate. Further, the
absence in the definition of the words ``and any person, as person is
defined under the Clean Air Act'' has no adverse effect upon any
person's right, pursuant to the CAA itself, to bring actions to enforce
any provisions of regulations, permits, etc.
Comment 5: The Sierra Club notes that Massachusetts withdrew a
number of items contained within its July 11, 2001 and September 14,
2006 submittals by letter dated January 18, 2013, and commented that
EPA must clarify whether it is acting on the more current provisions
noted within the withdrawal letter.
Response 5: By this final rule we are approving the portions of
Massachusetts' July 11, 2001 and September 14, 2006 submittals that
were not withdrawn through the Commonwealth's January 18, 2013
correspondence to EPA. As to NOX RACT, specifically, the
provisions of 310 CMR 7.19 we are taking action on today are set forth
clearly in Table I above. In addition, the information included within
the docket for our proposed action contains detailed information
regarding the specific provisions that Massachusetts withdrew pursuant
to the January 18, 2013 letter. As to the July 11, 2001 and September
14, 2006 submittals, EPA is not approving by today's action anything
other than the provisions contained in those two submittals and which
were not withdrawn by Massachusetts' January 18, 2013 letter. As noted
in our notice of proposed rulemaking, our action includes certain
additions and clarifications to sections of the Massachusetts SIP that
had been previously approved into the Commonwealth's SIP.
III. Final Action
EPA is taking final action to approve SIP revisions submitted by
the Commonwealth of Massachusetts, which included revisions to the
following sections of 310 CMR: 7.00, Definitions; 7.05, Fuels All
Districts; 7.18, Volatile and Halogenated Organic Compounds; 7.19, RACT
for Sources of Oxides of Nitrogen (NOX); and 7.24, Organic
Material Storage and Distribution.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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.
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 July 28, 2014. 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, Nitrogen dioxide, Ozone,
[[Page 30741]]
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: September 26, 2013.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Editorial Note: This document was received for publication by
the Office of Federal Register on May 15, 2014.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart W--Massachusetts
0
2. Section 52.1120 is amended by adding paragraph (c)(141) to read as
follows:
Sec. 52.1120 Identification of plan.
* * * * *
(c) * * *
(141) Revisions to the State Implementation Plan submitted to EPA
by the Massachusetts Department of Environmental Protection.
(i) Incorporation by reference.
(A) Massachusetts Regulation 310 CMR 7.00, ``Statutory Authority;
Legend; Preamble; Definitions,'' effective on August 3, 2001, the
definition for compliance certification.
(B) Massachusetts Regulation 310 CMR 7.00, ``Statutory Authority;
Legend; Preamble; Definitions,'' effective on September 23, 2005, the
definitions for adhesion promoter, Administrator, anti-glare safety
coating, aqueous cleaner, automotive refinishing facility, bakery,
capture efficiency, CEMS, CFR, combined cycle combustion turbine, dry
bottom, duct burner, elastomeric coating, emergency or standby engine,
emission statement, energy input capacity, EPA, existing facility, face
firing, facility, federally enforceable, federal potential to emit or
federal potential emissions, ferrous cupola foundry, four-stage coating
system, fuel cell, fugitive emissions, glass, glass melting furnace,
halogenated organic compound, hardener, hazardous air pollutant (HAP),
heat release rate, impact-resistant coating, lean burn engine, lowest
achievable emission rate (LAER), malfunction, maximum achievable
control technology, maximum design capacity, mobile equipment, MW,
natural draft opening, nonattainment area, nonattainment review, non-
criteria pollutant, potential emissions or potential to emit,
pretreatment wash primer, primer sealer, primer surfacer, reducer,
simple cycle combustion turbine, single-stage topcoat, soap, specialty
coating, stationary combustion turbine, stationary reciprocating
internal combustion engine, stencil coating, stoker, surface
preparation product, tangential firing, three-stage coating system,
touch-up coating, two-stage topcoat, underbody coating, uniform finish
blender.
(C) Massachusetts Regulation 310 CMR 7.00, ``Statutory Authority;
Legend; Preamble; Definitions,'' effective on June 2, 2006, the
definitions for water hold-out coating, weld-through primer, VOC
composite partial pressure.
(D) Massachusetts Regulation 310 CMR 7.05, ``U Fuels All
Districts,'' paragraph (2), ``U Use of Residual Fuel Oil or Hazardous
Waste Fuel,'' effective on September 23, 2005.
(E) Massachusetts Regulation 310 CMR 7.18, ``U Volatile and
Halogenated Organic Compounds,'' effective on September 23, 2005,
paragraph (1), ``U Applicability and Handling Requirements,''
subparagraphs (a) and (c) through (f); paragraph (2), ``U Compliance
with Emission Limitations'' (as corrected in Massachusetts Register
1037, October 21, 2005); paragraph (3), U Metal Furniture Coating,
subparagraph (a); paragraph (4), U Metal Can Surface Coating,
subparagraph (a); paragraph (11), ``U Surface Coating of Miscellaneous
Metal Parts and Products,'' subparagraphs (a) through (d)(4.);
paragraph (19), ``Synthetic Organic Chemical Manufacture,''
subparagraphs (h) and (i); paragraph (20), ``Emission Control Plans for
Implementation of Reasonably Available Control Technology;'' paragraph
(21), ``Surface Coating of Plastic Parts,'' subparagraphs (a) through
(d) and (f) through (i); paragraph (22), ``Leather Surface Coating,''
subparagraphs (a) through (c); paragraph (23), ``Wood Products Surface
Coating,'' subparagraphs (b) through (i); paragraph (24), ``Flat Wood
Paneling Surface Coating,'' subparagraphs (a) through (c) and
subparagraphs (h) and (i); paragraph (25), ``Offset Lithographic
Printing,'' subparagraphs (a) through (c); paragraph (26), ``Textile
Finishing,'' subparagraphs (c) through (i); paragraph (27), ``Coating
Mixing Tanks;'' paragraph (28), ``Automotive Refinishing,'' and
paragraph (29), ``Bakeries,'' subparagraph (c) 2.
(F) Massachusetts Regulation 310 CMR 7.19, ``U Reasonably Available
Control Technology (RACT) for Sources of Oxides of Nitrogen
(NOX),'' effective on August 3, 2001; paragraph (1),
``Applicability,'' subparagraph (c) 9. (as corrected in Massachusetts
Register 938, January 4, 2002); paragraph (4), ``Large Boilers,''
subparagraphs (b)3.d. (as corrected in Massachusetts Register 938,
January 4, 2002), (c) 2., and (f); paragraph (5), ``Medium-size
Boilers,'' subparagraph (d).
(G) Massachusetts Regulation 310 CMR 7.19, ``U Reasonably Available
Control Technology (RACT) for Sources of Oxides of Nitrogen
(NOX),'' paragraph (13), ``Testing, Monitoring,
Recordkeeping, and Reporting Requirements,'' subparagraphs (a),
``Applicability,'' and (c), ``Stack Testing'', effective September 23,
2005.
(H) Massachusetts Regulation 310 CMR 7.24, ``U Organic Material
Storage and Distribution,'' subparagraph (1), ``Organic Material
Storage Tanks,'' effective September 23, 2005.
(I) Massachusetts Regulation 310 CMR 7.24, ``U Organic Material
Storage and Distribution,'' subparagraph (4), ``Motor Vehicle Fuel Tank
Trucks,'' effective June 2, 2006.
0
3. In Sec. 52.1167, Table 52.1167 is amended by:
0
a. Adding 3 new entries to existing state citations for 310 CMR 7.00 in
order of ``Date submitted by state''.
0
b. Adding a new entry for 310 CMR 7.05(2) in alphanumeric order.
0
c. Adding a new entry for 310 CMR 7.18(1)(a), (c)-(f) in alphanumeric
order.
0
d. Adding a new entry to the existing state citations for 310 CMR
7.18(2) in order of ``Date submitted by state''.
0
e. Adding new entries for 310 CMR 7.18(3)(a), 7.18(4)(a), 7.18(11)(a)-
(d)4., and 7.18(19)(h), (i) in alphanumeric order.
0
f. Adding a new entry to the existing state citations for 310 CMR
7.18(20) in order of ``Date submitted by state''.
0
g. Adding new entries for 310 CMR 7.18(21)(a) -(d), (f)-(i),
7.18(22)(a)-(c), 7.18(23)(b)-(i), 7.18(24)(a)-(c), (h), (i),
7.18(25)(a)-(c), and 7.18(26)(c)-(i) in alphanumeric order.
0
h. Adding new entries to the existing state citations for 310 CMR
7.18(27) and 7.18(28) in order of ``Date submitted by state''.
0
i. Adding new entries for 310 CMR 7.18(29)(c)(2), 7.19(1)(c)(9),
(4)(b)(3)d, (f), (5)d, 7.19(13)(a), (c), 7.24(1), and 7.24(4) in
alphanumeric order.
The additions read as follows:
Sec. 52.1167 EPA-approved Massachusetts State regulations.
* * * * *
[[Page 30742]]
Table 52.1167--EPA-Approved Rules and Regulations
[See Notes at end of Table]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date Date
State citation Title/subject submitted approved by Federal Register 52.1120(c) Comments/unapproved
by State EPA citation sections
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
310 CMR 7.00......................... Definitions............. 8/9/01 5/29/14 [Insert Federal 141 Approved the definition
Register page number for compliance
where the document certification.
begins].
310 CMR 7.00......................... Definitions............. 9/14/06 5/29/14 [Insert Federal 141 Approving the following
Register page number definitions, effective
where the document 9/23/05: adhesion
begins]. promoter,
Administrator, anti-
glare safety coating,
aqueous cleaner,
automotive refinishing
facility, bakery,
capture efficiency,
CEMS, CFR, combined
cycle combustion
turbine, dry bottom,
duct burner,
elastomeric coating,
emergency or standby
engine , emission
statement, energy
input capacity, EPA,
existing facility,
face firing, facility,
federally enforceable,
federal potential to
emit or federal
potential emissions,
ferrous cupola
foundry, four-stage
coating system, fuel
cell, fugitive
emissions, glass,
glass melting furnace,
halogenated organic
compound, hardener,
hazardous air
pollutant (HAP), heat
release rate, impact
resistant coating,
lean burn engine,
lowest achievable
emission rate (LAER),
malfunction, maximum
achievable control
technology, maximum
design capacity,
mobile equipment, MW,
natural draft opening,
nonattainment area,
nonattainment review,
non-criteria
pollutant, potential
emissions or potential
to emit, pretreatment
wash primer, primer
sealer, primer
surfacer, reducer,
simple cycle
combustion turbine,
single-stage topcoat,
soap, specialty
coating, stationary
combustion turbine,
stationary
reciprocating internal
combustion engine,
stencil coating,
stoker, surface
preparation product,
tangential firing,
three-stage coating
system, touch-up
coating, two-stage
topcoat, underbody
coating, uniform
finish blender.
310 CMR 7.00......................... Definitions............. 9/14/06 5/29/14 [Insert Federal 141 Approving the following
Register page number amended or added
where the document definitions, effective
begins]. 6/2/06: water hold-out
coating, weld-through
primer, VOC composite
partial pressure.
* * * * * * *
310 CMR 7.05(2)...................... U Fuels All Districts; U 9/14/06 5/29/14 [Insert Federal 141 Removed landfill gas
Use of Residual Fuel Register page number from requirements of
Oil or Hazardous Waste where the document section.
Fuel. begins].
* * * * * * *
310 CMR 7.18(1)(a), (c)-(f).......... U Applicability and 9/14/06 5/29/14 [Insert Federal 141 Added requirements for
Handling Requirements. Register page number proper storage of
where the document volatile organic
begins]. compounds.
* * * * * * *
310 CMR 7.18(2)...................... U Compliance with 9/14/06 5/29/14 [Insert Federal 141 Addition of daily
Emission Limitations. Register page number weighted averaging
where the document provision.
begins].
[[Page 30743]]
* * * * * * *
310 CMR 7.18(3)(a)................... U Metal Furniture 9/14/06 5/29/14 [Insert Federal 141 Minor wording change.
Coating. Register page number
where the document
begins].
* * * * * * *
310 CMR 7.18(4)(a)................... U Metal Can Surface 9/14/06 5/29/14 [Insert Federal 141 Minor wording change.
Coating. Register page number
where the document
begins].
* * * * * * *
310 CMR 7.18(11)(a)-(d)4............. U Surface Coating of 9/14/06 5/29/14 [Insert Federal 141 Wording revision to
Miscellaneous Metal Register page number clarify exemption
Parts and Products. where the document requirements.
begins].
* * * * * * *
310 CMR 7.18(19)(h), (i)............. Synthetic Organic 9/14/06 5/29/14 [Insert Federal 141 Clarification of
Chemical Manufacture. Register page number quarterly reporting
where the document submittal date.
begins].
* * * * * * *
310 CMR 7.18(20)..................... Emission Control Plans 9/14/06 5/29/14 [Insert Federal 141 Clarification of
for Implementation Register page number exemption
Reasonably Available where the document requirements, and
Control Technology. begins]. inclusion of provision
allowing for
additional
requirements such as
stack testing or
emissions monitoring.
* * * * * * *
310 CMR 7.18(21)(a)-(d), (f)-(i)..... Surface Coating of 9/14/06 5/29/14 [Insert Federal 141 Added language
Plastic Parts. Register page number strengthening
where the document compliance
begins]. obligations.
* * * * * * *
310 CMR 7.18(22)(a)-(c).............. Leather Surface Coating. 9/14/06 5/29/14 [Insert Federal 141 Added language
Register page number strengthening
where the document compliance
begins]. obligations.
* * * * * * *
310 CMR 7.18(23)(b)-(i).............. Wood Products Surface 9/14/06 5/29/14 [Insert Federal 141 Added language
Coating. Register page number strengthening
where the document compliance
begins]. obligations.
* * * * * * *
310 CMR 7.18(24)(a)-(c), (h), (i).... Flat Wood Paneling 9/14/06 5/29/14 [Insert Federal 141 Added language
Surface Coating. Register page number strengthening
where the document compliance
begins]. obligations.
* * * * * * *
310 CMR 7.18(25)(a)-(c).............. Offset Lithographic 9/14/06 5/29/14 [Insert Federal 141 Added language
Printing. Register page number strengthening
where the document compliance
begins]. obligations.
* * * * * * *
310 CMR 7.18(26)(c)-(i).............. Textile Finishing....... 9/14/06 5/29/14 [Insert Federal 141 Added language
Register page number strengthening
where the document compliance
begins]. obligations.
[[Page 30744]]
310 CMR 7.18(27)..................... Coating Mixing Tanks.... 9/14/06 5/29/14 [Insert Federal 141 Minor wording changes
Register page number to improve clarity of
where the document regulation.
begins].
* * * * * * *
310 CMR 7.18(28)..................... Automotive Refinishing.. 9/14/06 5/29/14 [Insert Federal 141 New emission limits,
Register page number labeling,
where the document recordkeeping
begins]. requirements, and
exemptions added.
* * * * * * *
310 CMR 7.18(29)(c)(2)............... Bakeries................ 9/14/06 5/29/14 [Insert Federal 141 Updated cross
Register page number reference.
where the document
begins].
* * * * * * *
310 CMR 7.19(1)(c)(9), (4)(b)(3)d, NOX RACT................ 8/9/01; 1/ 5/29/14 [Insert Federal 141 Updates to sections
(f), (5)d. 18/02 Register page number pertaining to
where the document applicability, large
begins]. boilers, and medium
size boilers.
* * * * * * *
310 CMR 7.19(13)(a), (c)............. NOX RACT................ 9/14/06 5/29/14 [Insert Federal 141 Updates to
Register page number applicability and
where the document stack testing
begins]. requirements.
* * * * * * *
310 CMR 7.24(1)...................... U Organic Material 9/14/06 5/29/14 [Insert Federal 141 Updates to requirements
Storage and Register page number for organic material
Distribution. where the document storage tanks,
begins]. effective 9/23/05.
* * * * * * *
310 CMR 7.24(4)...................... U Organic Material 9/14/06 5/29/14 [Insert Federal 141 Updates to requirements
Storage and Register page number for motor vehicle fuel
Distribution. where the document tank trucks, effective
begins]. 6/2/06.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\1\ This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal SIP before this
date.
\2\ The regulations are effective statewide unless otherwise stated in comments or title section.
[FR Doc. 2014-11687 Filed 5-28-14; 8:45 am]
BILLING CODE 6560-50-P