64360 Federal Register / Vol. 65, No. 209 / Friday, October 27, 2000 / Rules and Regulations

TABLE 52.385.—EPA-APPROVED REGULATIONS

Connecticut state citation Title/subject Dates

Date

adopted

by State

Date

approved by

EPA

Federal

Register

citation

Section 52.370

*******

22a–174–27 ............................ Emissions standards for periodic motor vehicle inspection and maintenance.March

26,

1998.

March

10,

1999.

64 FR 12005 (c)78 .... Revised Department of Environmental Protection regulation contain I/M emission

standards.

14–164c .................................. Periodic Motor Vehicle Inspection and Maintenance.April 7,

1998.

March

10,

1999.

64 FR 12005 (c)78 .... Revised Department of Motor

Vehicles regulation for the

Connecticut I/M Program.

June

24,

1999.

October

27,

2000.

[Insert FR citation from

published

date].

(c)89 .... Revised subsection (b) of

Section 14–164c–11a of the

Department of Motor Vehicles regulation concerning

emissions repairs expenditure requirement to receive

waver.

*******

[FR Doc. 00–27655 Filed 10–26–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MA037–01–7211a; A–1–FRL–6891–9]

Approval and Promulgation of Air

Quality Implementation Plans;

Massachusetts; New Source Review

Revision

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving State

Implementation Plan (SIP) revisions

submitted by the Commonwealth of

Massachusetts. These revisions establish

and require the implementation of the

1990 Clean Air Act Amendments

(CAAA) requirements regarding New

Source Review (NSR) in areas that have

not attained the National Ambient Air

Quality Standards (NAAQS). In

addition, the revisions include other

definitions and permitting procedures

that make the Massachusetts

nonattainment NSR rules consistent

with Federal permitting requirements.

The intended effect of this action is to

approve revisions to 310 CMR 7.00

Appendix A, ‘‘Emission Offsets and

Nonattainment Review.’’ This action is

being taken in accordance with the

Clean Air Act.

DATES: This direct final rule is effective

on December 26, 2000 without further

notice, unless EPA receives adverse

comment by November 27, 2000. If

adverse comment is received, EPA will

publish a timely withdrawal of the

direct final rule in the Federal Register

and inform the public that the rule will

not take effect.

ADDRESSES: Comments may be mailed to

Steven Rapp, Unit Manager, Air Permits

Program, Office of Ecosytem Protection

(mail code CAP), U.S. Environmental

Protection Agency, EPA New England,

One Congress Street, Suite 1100, Boston,

MA 02114–2023. Copies of the

documents relevant to this action are

available for public inspection during

normal business hours, by appointment

at the Office of Ecosytem Protection,

U.S. Environmental Protection Agency,

Region I, One Congress Street, 11th

floor, Boston, MA; Air and Radiation

Docket and Information Center, U.S.

Environmental Protection Agency,

Room M–1500, 401 M Street, (Mail Code

6102), S.W., Washington, D.C.; and

Division of Air Quality Control,

Department of Environmental

Protection, One Winter Street, 8th Floor,

Boston, MA 02108.

FOR FURTHER INFORMATION CONTACT:

Brendan McCahill, (617) 918–1652.

SUPPLEMENTARY INFORMATION:

Background

On July 15, 1994, the Massachusetts

Department of Environmental Protection

(DEP) formally submitted a revision to

its State Implementation Plan (SIP) for

purposes of meeting the requirements of

the Clean Air Act (CAA). The revision

consists of changes to Massachusetts’

310 CMR 7.00 Appendix A, ‘‘Emission

Offsets and Nonattainment Review.’’

The DEP submitted additional changes

to 310 CMR 7.00 Appendix A on April

14, 1995. The effect of the revisions is

to make the DEP’s rules regarding the

permitting of new major sources or

major modifications in nonattainment

areas consistent with CAA

requirements. Please note that if EPA

receives adverse comment on an

amendment, paragraph, or section of

this rule and if that provision may be

severed from the remainder of the rule,

EPA may adopt as final those provisions

of the rule that are not the subject of an

adverse comment.

A. General Requirements for

Nonattainment NSR Requirements

The air quality planning requirements

for nonattainment NSR are set out in

part D of subchapter I of the Act. The

EPA has issued a ‘‘General Preamble’’

describing EPA’s preliminary views on

how EPA intends to review SIPs and SIP

revisions submitted under part D,

including those State submittals

containing nonattainment area NSR SIP

requirements [see 57 FR 13498 (April

16, 1992) and 57 FR 18070 (April 28,

1992)]. Because EPA is describing its

interpretations here only in broad terms,

the reader should refer to the General

Preamble for a more detailed discussion

of the interpretations of part D advanced

in today’s proposal and the supporting

rationale.

Summary of Massachusetts’ Regulation

The general nonattainment NSR

requirements are found in sections 172

and 173 of part D of subchapter I of the

Federal Register / Vol. 65, No. 209 / Friday, October 27, 2000 / Rules and Regulations 64361

Act and must be met by all

nonattainment areas. The following

paragraphs reference the nonattainment

NSR requirements required to be

submitted to EPA by November 15, 1992

and explain how Massachusetts’ rules

meet those requirements.

Massachusetts’ existing SIP already

contained some of these provisions

while others are being approved today.

1. Massachusetts regulation 310 CMR

7.00 appendix A, section (5) (a) & (b),

establishes provisions in accordance

with section 173(a)(1)(A) of the CAA to

assure that calculations of emissions

offsets are based on the same emissions

baseline used in the demonstration of

Reasonable Further Progress (RFP).

2. Massachusetts regulation 310 CMR

7.00 appendix A, section (6)(b)1 and 2,

establishes provisions in accordance

with section 173(c)(1) of the CAA to

allow offsets to be obtained in another

nonattainment area if: (i) The area has

an equal or higher nonattainment

classification and, (ii) emissions from

the other nonattainment area contribute

to an NAAQS violation in the area in

which the source would construct.

3. Massachusetts regulation 310 CMR

7.00 appendix A, section (6)(a) and (b),

establishes provisions in accordance

with sections 173(a) and 173(c)(1) of the

CAA that any emissions offsets obtained

in conjunction with the issuance of a

license to a new or modified source

shall be federally enforceable before

permit issuance and must be in effect

and enforceable by the time the new or

modified source commences operation.

4. Massachusetts regulation 310 CMR

7.00 appendix A, section (6)(d),

establishes provisions in accordance

with section 173(c)(1) of the CAA to

assure that emission increases from new

or modified sources are offset by real

reductions in actual emissions.

5. Massachusetts regulation 310 CMR

7.00 appendix A, section (6)(h),

establishes provisions in accordance

with section 173(c)(2) of the CAA to

prevent emissions reductions otherwise

required by the Act from being credited

for purposes of satisfying part D offset

requirements.

6. The 1990 CAAA modified the Act’s

provisions on growth allowances in

nonattainment areas by (1) eliminating

existing growth allowances in the

nonattainment area that received a

notice prior or subsequent to the

Amendments that the SIP was

substantially inadequate, and (2)

restricting growth allowances to only

those portions of nonattainment areas

formally targeted as special zones for

economic growth (Sections 173(b) and

173(a)(1)(B) of the CAA). Massachusetts’

regulations do not contain provisions

for growth allowances and are

consequently consistent with the Act.

7. Massachusetts has a practice of

supplying information from

nonattainment NSR licenses to EPA’s

RACT/BACT/LAER clearinghouse in

accordance with section 173(d) of the

CAA.

8. Massachusetts regulation 310 CMR

7.00 appendix A, section (8)(a),

establishes provisions, in accordance

with section 173(a)(3) of the CAA, to

ensure that owners or operators of each

proposed new or modified major

stationary source demonstrate, as a

condition of license issuance, that all

other major stationary sources under the

same ownership in the State are in

compliance with the CAA.

9. Massachusetts regulation 310 CMR

7.00 appendix A, section (8)(b)

establishes provisions in accordance

with section 173(a)(5) of the CAA that,

as a prerequisite to issuing any Part D

permit, require an analysis of alternative

sites, sizes, production processes and

environmental control techniques for

proposed sources that demonstrate that

the benefits of the proposed source

significantly outweigh the

environmental and social costs imposed

as a result of its location, construction,

and modification.

10. Massachusetts regulation 310

CMR 7.00 appendix A, section (8)(c)

establishes provisions in accordance

with section 173(a)(4) of the CAA that,

as a prerequisite to issuing any Part D

permit, the Administrator has not

determined that the applicable

implementation plan is not being

adequately implemented for the

proposed nonattainment area in which

the proposed source is to construct or be

modified.

B. General Requirements for Ozone

Nonattainment NSR

EPA is not taking action today on a

February 11, 2000 submittal addressing

NSR in attainment areas within the

Ozone Transport Region (OTR). Because

Western Massachusetts is currently

designated as a serious nonattainment

area, these requirements are not

currently relevant there. In addition, as

of January 16, 2001, EPA’s reinstatement

of the one-hour ozone NAAQS in

Eastern Massachusetts will be effective

and the area will be nonattainment.

Consequently, Massachusetts’ SIP

revisions on the OTR will also not be

relevant in the near future in Eastern

Massachusetts. Massachusetts is

currently applying serious

nonattainment NSR requirements to all

subject sources statewide. EPA is

reviewing the OTR revisions and will

take action on them in the near future.

Such action would clearly need to occur

before any redesignation to attainment

within Massachusetts.

The general nonattainment NSR

requirements are found in sections 172

and 173 of part D of subchapter I of the

Act and must be met by all

nonattainment areas. The requirements

for ozone nonattainment areas that

supplement or supersede these

requirements are found in subpart 2 of

part D. In addition to requirements for

ozone nonattainment areas, subpart 2

includes section 182(f), which states

that requirements for major stationary

sources of VOC shall apply to major

stationary sources of oxides of nitrogen

( NOX) unless the Administrator makes

certain determinations related to the

benefits or contribution of NOX control

to air quality, ozone attainment, or

ozone air quality. States were required

under section 182(a)(2)(C) to adopt new

NSR rules for ozone nonattainment

areas by November 15, 1992.

Summary of Massachusetts’ Submittal

Pursuant to section 172(c)(5) of the

CAA, State implementation plans must

require permits for the construction and

operation of new or modified major

stationary sources in nonattainment

areas. The federal statutory permit

requirements for ozone nonattainment

areas are generally contained in revised

section 173, and in subpart 2 of

subchapter I, part D of the CAA. These

are the minimum requirements that

States must include in an approvable

implementation plan. For all

classifications of ozone nonattainment

areas, States must adopt the appropriate

major source thresholds and offset

ratios, and must adopt provisions to

ensure that any new or modified major

stationary source of NOX satisfies the

requirements applicable to any major

source of VOC, unless a special NOX

exemption is granted by the

Administrator under the provision of

section 182(f). For serious and severe

ozone nonattainment areas, State plans

must implement section 182(c)(6) with

regard to modifications of major

sources. The Commonwealth of

Massachusetts’ attainment status is

discussed above.

The following paragraphs reference

the serious ozone nonattainment

requirements that Massachusetts was

required to submit to EPA by November

15, 1992 and how Massachusetts has

met those requirements.

1. Massachusetts regulation 310 CMR

7.00 appendix A, section (2), definition

of ‘‘Major Stationary Source,’’

establishes provisions in accordance

with the serious nonattainment area

requirements provided in sections

64362 Federal Register / Vol. 65, No. 209 / Friday, October 27, 2000 / Rules and Regulations

182(c) and 182(f) of the CAA, by setting

a major source threshold level of 50 TPY

for VOC and for NOX.

2. Massachusetts regulation 310 CMR

7.00 Appendix A, Section (6)(e),

establishes provisions in accordance

with sections 183(c)(10) and 182(f) of

the CAA, by setting an offset ratio of 1.2

to 1 for major sources or major

modifications of VOC or NOX.

3. Massachusetts regulation 310 CMR

7.00 Appendix A, Section (2), definition

of ‘‘Significant,’’ paragraphs (a) and (b),

establishes provisions that are

consistent with the ‘‘De Minimis rule’’

requirements of section 182(c)(6) of the

CAA.

4. Massachusetts regulation 310 CMR

7.00 Appendix A, Sections (3)(e), (f) and

(g), establish provisions that are

consistent with the special rules for

modifications in sections 182(c)(7) and

(8) of the CAA.

C. Miscellaneous Permit Requirements

Background

Massachusetts also added or revised

definitions and permitting procedures to

clarify specific requirements of 310

CMR 7.00 Appendix A and to make the

rule consistent with the nonattainment

NSR permit requirements set forth in 40

CFR 51.165. The list of the new or

revised definitions includes: Actual

Emissions; Allowable Emissions; Begin

Actual Construction; Building,

Structure, Facility or Installation; Clean

Coal Technology; Clean Coal

Technology Demonstration Project;

Coastal Waters; Navigable Rivers and

Lakes; Commence; Construction;

Corresponding Onshore Area; Electric

Utility Steam Generating Unit;

Generating unit; Emissions Unit; Energy

Input; Fossil Fuel Fired Boiler; Fossil

Fuel Fired Electric Plant; Fugitive

Emissions; Indian Governing Body;

Indian Tribe; Lowest Achievable

Emission Rate (LAER); Major

Modification; Major Stationary Source;

Necessary Preconstruction Approvals or

Permits; Net Emissions Increase; Outer

Continental Shelf; Outer Continental

Shelf Source; Pollution Control Project;

Reasonable Further Progress;

Repowering; Representative Actual

Annual Emissions; Secondary

Emissions; Significant; Stationary

Source; Temporary Clean Coal

Technology Demonstration Project;

Nonroad Engine; Nonroad Vehicle;

Procedures for Shutdown Credits;

Procedures for Source Obligation. For

further details concerning the revisions

to Massachusetts’ 310 CMR 7.00

Appendix A and EPA’s evaluation,

please refer to the memorandum from

Brendan McCahill, Environmental

Engineer, to Steven Rapp, Manager, Air

Permits Program entitled, ‘‘Technical

Support Document—Massachusetts

New Source Review Revisions,’’ dated

October 18, 2000.

Final Action

EPA is approving the revisions to

Massachusetts 310 CMR 7.00 Appendix

A, ‘‘Emission Offsets and

Nonattainment Review.’’ 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. These revisions meet the

nonattainment area NSR provisions of

Part D of the CAA.

EPA is publishing this rule without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in the proposed

rules section of this Federal Register

publication, EPA is publishing a

separate document that will serve as the

proposal to approve the SIP revision

should relevant adverse comments be

filed. This action will be effective

December 26, 2000 without further

notice unless the Agency receives

relevant adverse comments by

November 27, 2000.

If the EPA receives such comments,

then EPA will publish a document

withdrawing the final rule and

informing the public that the rule will

not take effect. All public comments

received will then be addressed in a

subsequent final rule based on the

proposed rule. The EPA will not

institute a second comment period.

Parties interested in commenting should

do so at this time. If no such comments

are received, the public is advised that

this rule will be effective on December

26, 2000 and no further action will be

taken on the proposed rule.

Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

therefore is not subject to review by the

Office of Management and Budget. This

action merely approves state law as

meeting Federal requirements and

imposes no additional requirements

beyond those imposed by state law.

Accordingly, the Administrator certifies

that this rule will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). Because this rule approves preexisting requirements under state law

and does not impose any additional

enforceable duty beyond that required

by state law, it does not contain any

unfunded mandate or significantly or

uniquely affect small governments, as

described in the Unfunded Mandates

Reform Act of 1995 (Public Law 104–4).

For the same reason, this rule also does

not significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13084 (63

FR 27655, May 10, 1998). This rule will

not have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999), because it merely

approves a state rule implementing a

Federal standard, and does not alter the

relationship or the distribution of power

and responsibilities established in the

Clean Air Act. This rule also is not

subject to Executive Order 13045 (62 FR

19885, April 23, 1997), because it is not

economically significant.

In reviewing SIP submissions, EPA’s

role is to approve state choices,

provided that they meet the criteria of

the Clean Air Act. In this context, in the

absence of a prior existing requirement

for the State to use voluntary consensus

standards (VCS), EPA has no authority

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the Clean Air Act. Thus, the

requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. As required by

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), in issuing

this rule, EPA has taken the necessary

steps to eliminate drafting errors and

ambiguity, minimize potential litigation,

and provide a clear legal standard for

affected conduct. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) by examining the

takings implications of the rule in

accordance with the ‘‘Attorney

General’s Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings’’ issued under

the executive order. This rule does not

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

The Congressional Review Act, 5

U.S.C. section 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

Federal Register / Vol. 65, No. 209 / Friday, October 27, 2000 / Rules and Regulations 64363

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 rule 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. section 804(2).

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by December 26,

2000. Interested parties should

comment in response to the proposed

rule rather than petition for judicial

review, unless the objection arises after

the comment period allowed for in the

proposal. Filing a petition for

reconsideration by the Administrator of

this final rule does not affect the finality

of this rule 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, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Particulate

matter, Reporting and recordkeeping

requirements, Sulfur oxides.

Dated: October 19, 2000.

Mindy S. Lubber,

Regional Administrator, EPA-New England.

Part 52 of chapter I, title 40 of the

Code of Federal Regulations is amended

as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart W—Massachusetts

2. Section 52.1120 is amended by

adding paragraph (c)(127) to read as

follows:

§ 52.1120 Identification of plan.

* * * * *

(c) * * *

(127) Revisions to the State

Implementation Plan submitted by the

Massachusetts Department of

Environmental Protection on July 15,

1994 and April 14, 1995.

(i) Incorporation by reference.

(A) Massachusetts Amendments to

310 CMR 7.00 Appendix A entitled,

‘‘Emission Offsets and Nonattainment

Review,’’ effective July 1, 1994.

(B) Massachusetts Amendments to

310 CMR 7.00 Appendix A entitled,

‘‘Emission Offsets and Nonattainment

Review’’ paragraph (3)(g) effective July

1, 1994.

(ii) Additional materials.

(A) Letters from the Massachusetts

Department of Environmental Protection

dated July 15, 1994 and March 29, 1995

submitting revisions to the

Massachusetts State Implementation

Plan.

For the State of Massachusetts:

3. In § 52.1167 the Table 52.1167 is

amended by adding in numerical order

a new state citation for ‘‘310 CMR 7.00

Appendix A’’ to read as follows:

§ 52.1167 EPA-approved Massachusetts

State regulations.

* * * * *

TABLE 52.1167.—EPA-APPROVED MASSACHUSETTS REGULATIONS

State citation Title/subject Date submitted by

state

Date approved

by EPA

Federal Register

citation 52.1120(c) Comments/unapproved sections

*******

310 CMR 7.00: .........

Appendix A ...............

Emission Offsets

and Nonattainment Review.

7/15/94 and 4/14/95 10/27/00 [Insert FR citation

from published

date].

(c)(127) ....... Approving 1990

CAAA revisions

and general NSR

permit requirements

*******

[FR Doc. 00–27657 Filed 10–26–00; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301073; FRL–6751–1]

RIN 2070–AB78

(N-(4-fluorophenyl)-N-(1-methylethyl)-

2-[[5-(trifluoromethyl)-1,3,4-thiadiazol2-yl]oxy]acetamide; Extension of

Tolerance for Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation extends time–

limited tolerances for combined

residues of the herbicide (N-(4-

fluorophenyl)-N-(1-methylethyl)-2-[[-

(trifluoromethyl)-1,3,4-thiadiazol-2-

yl]oxy]acetamide and its metabolites

containing the 4-fluoro-N-methylethyl

benzenamine moiety in or on wheat

grain at 1 part per million (ppm), wheat

forage at 10 ppm, wheat hay at 2 ppm,

wheat straw at 0.5 ppm, meat, kidney

and fat of cattle, goats, horses, hogs, and

sheep at 0.05 ppm and meat by–

products (other than kidney) of cattle,

goats, horses, hogs, and sheep at 0.1

ppm for an additional two–year period.

These tolerances will expire and are

revoked on July 31, 2003. This action is

in response to EPA’s granting of an

emergency exemption under section 18

of the Federal Insecticide, Fungicide,

and Rodenticide Act authorizing use of

the pesticide on wheat. Section 408(l)(6)

of the Federal Food, Drug, and Cosmetic

Act requires EPA to establish a time–

limited tolerance or exemption from the

requirement for a tolerance for pesticide

chemical residues in food that will

result from the use of a pesticide under

an emergency exemption granted by

EPA under section 18 of the Federal

Insecticide, Fungicide, and Rodenticide

Act.