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[Federal Register Volume 78, Number 26 (Thursday, February 7, 2013)]
[Proposed Rules]
[Pages 9016-9020]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02812]

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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.

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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: mcdonnell.ida@epa.gov.
    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 McCahill.Brendan@EPA.GOV.

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.
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    \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.
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    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
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