This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

1479 

Vol. 89, No. 7 

Wednesday, January 10, 2024 

1EPA Guidance on Removing Stage II Gasoline 

Vapor Control Programs from State Implementation 

Continued 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2022–0790; FRL–9915–01– 

R3] 

Air Plan Approval; District of 

Columbia; Removal of Stage II 

Gasoline Vapor Recovery Program 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the Department of Energy 

and Environment (DOEE) of the District 

of Columbia (the District). This revision 

removes requirements for gasoline vapor 

recovery systems (VRS) installed on 

gasoline dispensers, the purpose of 

which are to capture emissions from 

vehicle refueling operations, otherwise 

known as vacuum-assist Stage II vapor 

recovery. Specifically, this action would 

remove from the approved SIP priorapproved Stage II requirements 

applicable to new and existing gasoline 

dispensing facilities (GDFs). The District 

of Columbia SIP revision includes a 

demonstration that removal of Stage II 

requirements is consistent with the 

Clean Air Act (CAA) and meets all 

relevant EPA guidance. 

DATES: Written comments must be 

received on or before February 9, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2022–0790 at 

www.regulations.gov, or via email to 

gordon.mike@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

www.epa.gov/dockets/commenting-epadockets. 

FOR FURTHER INFORMATION CONTACT: 

Adam Lewis, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1600 John 

F. Kennedy Boulevard, Philadelphia, PA 

19103. The telephone number is (215) 

814–2026. Mr. Adam Lewis can also be 

reached via electronic mail at 

Lewis.Adam@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose 

II. Summary of the District of Columbia’s 

Stage II Vapor Recovery Program and SIP 

Revision 

III. EPA’s Evaluation of the District of 

Columbia’s SIP Revision 

IV. Proposed Action 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background and Purpose 

On May 18, 2022, the DOEE 

submitted a revision to its SIP. That SIP 

submittal consisted of the District’s 

revised Stage II vapor recovery 

regulations at Title 20 of the District of 

Columbia Municipal Regulations 

(DCMR) Chapter 7 Section 705 Stage II 

Vapor Recovery. DOEE revised its 

regulations so new GDFs would no 

longer be required to install and operate 

Stage II VRS. Additionally, DOEE’s 

revisions allow existing GDFs to 

decommission existing vacuum-assist 

Stage II VRS on or after January 1, 2022. 

The SIP submittal includes a 

demonstration that removal of Stage II 

VRS in the District will not interfere 

with any requirements concerning 

attainment or reasonable progress of any 

national ambient air quality standard 

(NAAQS), or any other applicable 

requirement of the CAA. 

Stage II vapor recovery is an emission 

control system that is installed on 

gasoline dispensing equipment at GDFs 

for the purpose of capturing fuel vapor 

that would otherwise be released from 

vehicle gas tanks into the atmosphere 

during vehicle refueling. Stage II VRS 

installed on dispensing equipment 

capture these refueling emissions at the 

dispenser and route the refueling vapors 

back to the GDF’s underground storage 

tank, preventing volatile organic 

compounds (VOCs) in the vapors from 

escaping to the atmosphere. Beginning 

in 1998, newly manufactured gasolineburning cars and trucks have been 

equipped with on-board refueling vapor 

recovery (ORVR) systems that utilize 

carbon canisters installed directly on 

the vehicle to capture refueling vapors 

in the vehicle to be later routed to the 

vehicle’s engine for combustion during 

engine operation. 

The 1990 CAA amendments initially 

required implementation of both Stage II 

VRS and ORVR systems. Section 

182(b)(3) of the CAA required areas 

classified as moderate and above ozone 

nonattainment to implement Stage II 

vapor recovery programs, while CAA 

section 184(b)(2) required states in the 

Northeast Ozone Transport Region 

(OTR) to implement Stage II vapor 

recovery or comparable measures. CAA 

section 202(a)(6) required EPA to 

promulgate regulations for ORVR for 

light-duty cars and trucks (passenger 

vehicles); EPA adopted these 

requirements in a final action published 

in the Federal Register (April 6, 1994, 

59 FR 16262), (hereafter referred to as 

the ORVR rule). Upon the effective date 

of that final rule, moderate ozone 

nonattainment areas were no longer 

subject to CAA section 182(b)(3) Stage II 

vapor recovery requirements. Under the 

ORVR rule, new passenger cars built in 

model year 1998 and later were required 

to be equipped with ORVR systems, 

followed by model year 2001 and later 

light-duty trucks. ORVR equipment has 

been installed on nearly all new 

gasoline-powered light-duty cars, lightduty trucks, and heavy-duty vehicles 

manufactured since 2006.1


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1480 Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Proposed Rules 

Plans and Assessing Comparable Measures, (August 

7, 2012), hereafter referred to as EPA’s Stage II 

Removal Guidance www3.epa.gov/ttn/naaqs/ 

aqmguide/collection/cp2/20120807_page_stage2_

removal_guidance.pdf. 

2See CAA Section 202(a)(6). 

3CAA Section 182(b)(3). 

4 68 DCR 11457, Proposed Rulemaking, Amend 

20 DCMR (Environment), Ch. 7 (Air Quality— 

Volatile Organic Compounds and Hazardous Air 

Pollutants), Sec. 705 (Stage II Vapor Recovery), 

Removal of Stage II Vapor Recovery from Gasoline 

Dispensing Facilities in the District; issued October 

29, 2021. 

5 69 DCR 3128, Final Rulemaking, Amend 20 

DCMR (Environment), Ch. 7 (Air Quality—Volatile 

Organic Compounds and Hazardous Air Pollutants), 

Sec. 705 (Stage II Vapor Recovery), Removal of 

Stage II Vapor Recovery from Gasoline Dispensing 

Facilities in the District; issued April 8, 2022 and 

effective same day. 

During the phase-in of ORVR controls, 

Stage II vapor recovery has provided 

VOC emission reductions in ozone 

nonattainment areas and in certain areas 

of the OTR. Congress recognized that 

ORVR systems and Stage II VRS would 

over time become largely redundant 

technologies acting to capture the same 

pollutants; Congress therefore provided 

authority in the 1990 CAA amendments 

for EPA to allow states to remove Stage 

II vapor recovery programs from their 

SIPs upon EPA making a finding that 

ORVR is in ‘‘widespread use.’’ 2 EPA 

issued a widespread use finding in a 

final rule published in the Federal 

Register (May 16, 2012, 77 FR 28772), 

in which EPA determined that ORVR 

was in widespread use on a nationwide 

basis. EPA estimated that by the end of 

2016, more than 88 percent of gasoline 

refueling nationwide would occur with 

ORVR-equipped vehicles. As noted in 

EPA’s Stage II Removal Guidance, Stage 

II vapor recovery programs have become 

largely redundant control systems for 

ORVR-equipped vehicles and, as a 

result, Stage II VRS achieve everdeclining emissions benefits as more 

ORVR-equipped vehicles continue to 

enter the on-road motor vehicle fleet. In 

areas where certain types of vacuumassist Stage II VRS are used, such as the 

District, the incompatibility between 

ORVR systems and certain 

configurations of Stage II vapor recovery 

systems results in the reduction of 

overall control system efficiency in 

capturing VOC refueling emissions, 

compared to what would otherwise be 

achieved by ORVR or Stage II VRS 

acting in the absence of the other. In its 

May 16, 2012 (77 FR 28772) widespread 

use rulemaking, EPA also exercised its 

authority under CAA section 202(a)(6) 

to waive certain Federal statutory 

requirements for Stage II VRS at GDFs, 

which among other things, exempted all 

new ozone nonattainment areas 

classified serious or above from the 

requirement to adopt Stage II vapor 

recovery programs. Finally, EPA’s May 

16, 2012 (77 FR 28772) rulemaking also 

noted that any state currently 

implementing a Stage II vapor recovery 

program may submit SIP revisions that 

would allow for the phase-out of Stage 

II VRS. 

II. Summary of the District of 

Columbia’s Stage II Vapor Recovery 

Program and SIP Revision 

The District of Columbia was 

classified as Serious nonattainment for 

the 1-hour 1979 ozone NAAQS in the 

Federal Register at 56 FR 56694 

(November 6, 1991), this standard has 

since been revoked. The District was 

found to be in attainment of groundlevel 2008 ozone NAAQS on July 16, 

2019 and subsequently found to be in 

Moderate nonattainment for the 2015 

ozone NAAQS on November 7, 2022 (40 

CFR 81.309). Because gasoline vapors 

contain mainly VOCs and contribute to 

the formation of ground-level ozone, 

Section 182(b)(3) of the CAA 

Amendments of 1990 required states 

with moderate and higher ozone 

nonattainment areas to revise their SIPs 

to require ‘‘owners or operators of 

gasoline dispensing systems to install 

and operate . . . a system for gasoline 

vapor recovery of emissions from the 

fueling of motor vehicles.’’ 3 As a result, 

in 1993 the District of Columbia 

adopted Stage II vapor recovery 

requirements at Title 20 DCMR 

Environment, Chapter 7 Air Quality— 

Volatile Organic Compounds and 

Hazardous Air Pollutants, Section 705 

Stage II Vapor Recovery. These changes 

were subsequently incorporated into the 

District’s SIP (October 27, 1999, 64 FR 

57777). In October 2021, due to the 

widespread use of ORVR and its 

incompatibility with the Stage II 

vacuum-assist VRS in use at GDFs in the 

District, DOEE proposed revisions to its 

vapor recovery regulations. These 

revisions proposed to allow existing 

GDFs within the District the option to 

decommission their Stage II VRS, and 

for new GDFs to forgo them entirely.4

DOEE subsequently finalized these 

revisions in April 2022.5

On May 18, 2022, DOEE submitted a 

SIP revision to EPA consisting of these 

state regulatory revisions adopted by 

DOEE, along with a demonstration of 

the emission impacts of the changes to 

Stage II requirements on affected areas 

in the District. This SIP revision 

includes DOEE’s revised rules that 

allow new GDFs that commence 

construction on or after January 1, 2022, 

to do so without installing and 

operating a Stage II VRS and allow 

existing GDFs to commence the 

decommissioning of vacuum-assist 

Stage II VRS on or after January 1, 2022. 

DOEE’s revised rules incorporate by 

reference requirements and procedures 

for decommissioning Stage II VRS based 

on Chapter 14 of the Petroleum 

Equipment Institute’s ‘‘Recommended 

Practices for Installation and Testing of 

Vapor-Recovery Systems at VehicleFueling Sites,’’ 2009 edition, PEI/ 

RP300–09. The revised rules also 

incorporate by reference requirements 

and procedures for the maintenance and 

periodic testing of Stage II VRS for GDFs 

that opt to continue operating them. 

The October 28, 2021, SIP revision 

also includes a demonstration 

supporting the discontinuation of the 

Stage II vapor recovery program in the 

District. This demonstration, discussed 

in greater detail below, shows that by 

2019 the overall emissions benefits 

associated with the Stage II vapor 

recovery program, operated in 

conjunction with ORVR, are 

overwhelmed by an emissions 

disbenefit caused by ORVR 

incompatibility with the vacuum-assist 

type Stage II VRS equipment in use at 

GDFs. DOEE’s analysis followed the 

EPA’s ‘‘Guidance on Removing Stage II 

Gasoline Vapor Control Programs from 

State Implementation Plan and 

Assessing Comparable Measures’’ (EPA– 

457/B–12–001; August 7, 2012), 

hereafter referred to as EPA’s Stage II 

Removal Guidance. The DOEE analysis 

demonstrates that within the District the 

increasing prevalence of ORVRequipped vehicles and the continued 

operation of the Stage II vapor recovery 

program results in increased VOC 

emissions due to the incompatibility 

between the vacuum-assist type Stage II 

VRS equipment and ORVR. The DOEE 

further demonstrates that allowing the 

decommissioning of all Stage II VRS 

equipment on or after January 1, 2022, 

will result in additional emissions 

decreases, especially when combined 

with the increasing prevalence of 

ORVR-equipped vehicles. 

III. EPA’s Evaluation of the District of 

Columbia’s SIP Revision 

EPA has reviewed the District’s 

revised 20 DCMR 705, Stage II Vapor 

Recovery, and accompanying SIP 

narrative, and has concluded that 

DOEE’s October 28, 2021 SIP revision is 

consistent with EPA’s widespread use 

rule (77 FR 28772, May 16, 2012) and 

with EPA’s Stage II Removal Guidance. 


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Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Proposed Rules 1481 

6EPA Guidance on Removing Stage II Gasoline 

Vapor Control Programs from State Implementation 

Plans and Assessing Comparable Measures, (August 

7, 2012), pages 13–14. 

7EPA Guidance on Removing Stage II Gasoline 

Vapor Control Programs from State Implementation 

Plans and Assessing Comparable Measures, (August 

7, 2012), page 13. 

In reviewing the proposed SIP 

revision, the EPA must ensure that: (1) 

in accordance with CAA section 110(l)’s 

non-interference requirement, DOEE has 

demonstrated that the proposed action 

would not interfere with attainment of 

the National Ambient Air Quality 

Standards or reasonable further progress 

towards attainment of any NAAQS; (2) 

in accordance with CAA section 

184(b)(2)’s ‘‘comparable measures’’ 

requirement, that the proposed action 

would achieve comparable or greater 

emission reductions than the gasoline 

vapor recovery requirements contained 

in CAA section 182(b)(3); and (3) that 

the proposed action satisfies the antibacksliding requirements of CAA 

section 193. As discussed below, the 

EPA finds that DOEE has demonstrated 

widespread use of ORVR systems 

throughout the motor vehicle fleet and 

that implementation of the rule in the 

proposed SIP revision would comply 

with CAA sections 110(l), 184(b)(2), and 

193. 

CAA section 110(l) specifies that the 

EPA cannot approve a SIP revision if it 

would interfere with attainment of 

NAAQS or reasonable further progress 

towards attainment, or any other 

applicable requirement of the CAA; this 

is commonly referred to as ‘‘antibacksliding.’’ DOEE’s SIP revision 

submittal includes a CAA section 110(l) 

anti-backsliding demonstration (based 

on equations provided in the EPA’s 

Stage II Removal Guidance) 6

demonstrating there would be a negative 

increment value for the potential loss of 

emission reductions from removing 

Stage II vapor recovery systems in 2019. 

If the calculated increment value is zero 

or negative, this would indicate that 

removing Stage II systems would not 

increase refueling emissions. Thus, the 

SIP revision will not interfere with 

attainment of NAAQS, reasonable 

further progress towards attainment, or 

any other applicable requirement of the 

CAA. 

Because the District is located in the 

northeast OTR, under CAA section 

184(b)(2)’s ‘‘comparable measures’’ 

requirement, the State must show that 

its SIP revisions include control 

measures capable of achieving emission 

reductions comparable to those 

achievable through Stage II Systems 

under CAA section 182(b)(3). As stated 

in the EPA’s Stage II Removal Guidance, 

‘‘the comparable measures requirement 

is satisfied if phasing out a Stage II 

control program in a particular area is 

estimated to have no, or a de minimis, 

incremental loss of area-wide emission 

control.’’ DOEE conducted a comparable 

measure analysis in accordance with the 

EPA’s Stage II Removal Guidance that 

shows that phasing out the Stage II 

program would result in zero or de 

minimis incremental loss of area wide 

emission control satisfying the 

comparable measures requirement of 

CAA section 184(b)(2). 

DOEE’s analysis indicates there 

would be a negative increment value for 

the potential loss of emission reductions 

from removing Stage II vapor recovery 

systems starting in 2019 at a range of at 

least ¥0.0425 and at most ¥0.0348. 

The EPA’s Stage II Removal Guidance 

explains that a zero or negative 

increment value indicates that removing 

Stage II, ‘‘would not increase the 

refueling emissions inventory because 

the higher efficiency from ORVR and 

the incompatibility emissions offset the 

increment due to non-ORVR vehicles 

being refueled at Stage II GDFs.’’ 7Thus, 

compliance with CAA section 184(b)(2) 

is demonstrated and the revision to the 

SIP satisfies the comparable measures 

requirement. EPA has reviewed the 

DOEE analysis and agrees with its 

conclusions that within the District the 

overall emissions benefits associated 

with the Stage II vapor recovery 

program, operated in conjunction with 

widespread use of ORVR, are shown to 

be overwhelmed by an emissions 

disbenefit caused by ORVR 

incompatibility. 

IV. Proposed Action 

EPA is proposing to approve the 

District’s October 28, 2021 SIP revision 

for districtwide removal of Stage II 

vapor recovery requirements, which 

removes requirements for gasoline vapor 

recovery systems installed on gasoline 

dispensers, the purpose of which are to 

capture emissions from vehicle 

refueling operations, otherwise known 

as vacuum-assist Stage II vapor 

recovery. Specifically, EPA is proposing 

to approve Title 20 of the District of 

Columbia Municipal Regulations 

(DCMR) Chapter 7 Section 705 Stage II 

Vapor Recovery, and incorporate it into 

the District’s SIP. EPA is proposing to 

approve this SIP revision because it 

meets all applicable requirements of the 

Clean Air Act and relevant EPA 

guidance and because approval of this 

SIP revision will not interfere with 

attainment or maintenance of the ozone 

NAAQS. EPA is soliciting public 

comments on the issues discussed in 

this action or other relevant matters. 

These comments will be considered 

before taking final action. 

V. Incorporation by Reference 

In this document, EPA proposes to 

include in a final rule regulatory text 

that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

the District of Columbia’s revisions to 

20 DCMR 705, Removal of Stage II 

Vapor Recovery from Gasoline 

Dispensing Facilities in the District; 

(effective date April 8, 2022), as 

explained in Section II of this preamble. 

EPA has made, and will continue to 

make, these materials generally 

available through www.regulations.gov 

and at the EPA Region III Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. 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 proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 


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1482 Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Proposed Rules 

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); and 

• 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; 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The DOEE did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. EPA did not perform an EJ 

analysis and did not consider EJ in this 

proposed rulemaking. Due to the nature 

of the proposed action being taken here, 

this proposed rulemaking is expected to 

have a neutral to positive impact on the 

air quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

In addition, this proposed 

rulemaking, to remove the District’s 

Stage II vapor recovery requirements 

from the SIP 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 

District, 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, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Diana Esher, 

Acting Regional Administrator, Region III. 

[FR Doc. 2024–00161 Filed 1–9–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

EPA–R01–OAR–2023–0185; FRL– 

11616–01–R1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Massachusetts; Regional Haze State 

Implementation Plan for the Second 

Implementation Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

the Regional Haze State Implementation 

Plan (SIP) revision submitted by 

Massachusetts on July 22, 2021, as 

satisfying applicable requirements 

under the Clean Air Act (CAA) and 

EPA’s Regional Haze Rule for the 

program’s second implementation 

period. Massachusetts’ SIP submission 

addresses the requirement that states 

must periodically revise their long-term 

strategies for making reasonable 

progress towards the national goal of 

preventing any future, and remedying 

any existing, anthropogenic impairment 

of visibility, including regional haze, in 

mandatory Class I Federal areas. The 

SIP submission also addresses other 

applicable requirements for the second 

implementation period of the regional 

haze program. The EPA is taking this 

action pursuant to sections 110 and 

169A of the Clean Air Act. 

DATES: Written comments must be 

received on or before February 9, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2023–0185 at https://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

David Mackintosh, U.S. Environmental 

Protection Agency, Region 1, Air 

Quality Branch, 5 Post Office Square— 

Suite 100, (Mail code 5–MO), Boston, 

MA 02109–3912, at 617–918–1584, or 

by email at Mackintosh.David@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What action is the EPA proposing? 

II. Background and Requirements for 

Regional Haze Plans 

A. Regional Haze Background 

B. Roles of Agencies in Addressing 

Regional Haze 

III. Requirements for Regional Haze Plans for 

the Second Implementation Period 

A. Identification of Class I Areas 

B. Calculations of Baseline, Current, and 

Natural Visibility Conditions; Progress to 

Date; and the Uniform Rate of Progress 

C. Long-Term Strategy for Regional Haze 

D. Reasonable Progress Goals 

E. Monitoring Strategy and Other State 

Implementation Plan Requirements 

F. Requirements for Periodic Reports 

Describing Progress Towards the 

Reasonable Progress Goals 

G. Requirements for State and Federal 

Land Manager Coordination 

IV. The EPA’s Evaluation of Massachusetts’ 

Regional Haze Submission for the 

Second Implementation Period 

A. Background on Massachusetts’ First 

Implementation Period SIP Submission 

B. Massachusetts’ Second Implementation 

Period SIP Submission and the EPA’s 

Evaluation 

C. Identification of Class I Areas 

D. Calculations of Baseline, Current, and 

Natural Visibility Conditions; Progress to 

Date; and the Uniform Rate of Progress 

E. Long-Term Strategy for Regional Haze 

a. Massachusetts’ Response to the Six 

MANE–VU Asks 


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