22774 Federal Register / Vol. 79, No. 79 / Thursday, April 24, 2014 / Rules and Regulations 

21, 2010 and effective December 15, 

2010. 

[FR Doc. 2014–09251 Filed 4–23–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2012–0951; FRL–9800–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Massachusetts; Revisions to Fossil 

Fuel Utilization Facilities and Source 

Registration Regulations and Industrial 

Performance Standards for Boilers 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving several State 

Implementation Plan (SIP) revisions 

submitted by the Commonwealth 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 approve the 

Commonwealth’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: This rule is effective on May 27, 

2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification Number EPA–R01–OAR– 

2012–0951. All documents in the docket 

are listed on the www.regulations.gov 

Web site. 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 through 

www.regulations.gov or in hard copy at 

the 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, 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: 

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. 

Table of Contents 

I. What action is EPA approving in this 

document? 

II. What portions of the SIP submittals will 

EPA incorporate into the SIP? 

III. Final Action. 

IV. Statutory and Executive Order Reviews. 

I. What action is EPA approving in this 

document? 

On February 7, 2013 (78 FR 9016), 

EPA published a Notice of Proposed 

Rulemaking (NPR) for the 

Commonwealth of Massachusetts. 

The NPR proposed approval of the 

following SIP submittals: 

• A June 28, 1990 and a July 11, 2001 

SIP amendment revising 310 CMR 7.04 

entitled, ‘‘U Fossil Fuel Utilization 

Facilities,’’ 

• A July 11, 2001 SIP amendment 

revising 310 CMR 7.12 entitled, ‘‘U 

Source Registration,’’ 

• A September 14, 2006 SIP 

amendment adopting 310 CMR 

7.26(30)–(37) entitled, ‘‘Industrial 

Performance Standards—U Boiler,’’ and 

• A February 13, 2008 SIP 

amendment that, among other things, 

revises 310 CMR 7.04, corrects several 

typographical errors, 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. 

The specific requirements of four SIP 

submittals and the rationale for EPA’s 

proposed action are explained in the 

NPR and will not be restated here. EPA 

did not receive any public comments on 

the NPR. 

II. What portions of the SIP submittals 

will EPA incorporate into the SIP? 

On January 18, 2013, the 

Massachusetts Department of 

Environmental Protection (MassDEP) 

issued a letter to EPA withdrawing 

outdated and obsolete submittals and 

replacing them with SIP submittals 

containing effective versions of the 

regulations for approval into the SIP. 

The letter included two attachments. 

Attachment I identified the regulations 

that MassDEP requests EPA to approve 

into the SIP. The attachment includes 

struck out versions of those regulations 

MassDEP is withdrawing from 

consideration and the final version of 

the regulations (without strikeout) that 

MassDEP requests to be included in the 

SIP. 

Attachment 2 includes a list of 

regulations previously submitted to EPA 

for approval. The list indicates the 

regulation name and CMR regulation 

number, CMR page number, the 

MassDEP disposition of the rule (i.e., 

whether to withdraw it or have EPA act 

upon it), and the reason for the 

MassDEP’s disposition. 

Based on the information from the 

two attachments, EPA is incorporating 

the latest versions of 310 CMR 7.00, 

‘‘Massachusetts Cities & Towns with 

Corresponding DEP Regional Offices 

and Air Pollution Districts,’’ 310 CMR 

7.04(2) and 7.04(4)(a), 310 CMR 7.12 

and 310 CMR 7.26(30–37) into the SIP. 

The February 13, 2008 SIP submittal 

included the latest version of the 310 

CMR 7.00, 310 CMR 7.04(2) and 

7.04(4)(a) and 310 CMR 7.26(30–37). 

Numerous SIP submittals provided a 

portion of 310 CMR 7.12. The August 9, 

2001 SIP submittal included provision 

310 CMR 7.12(1)(a)1. The September 14, 

2006 SIP submitted included provisions 

310 CMR 7.12(2)(c), 310 CMR 7.12(3) 

and 310 CMR 7.12(4). The February 13, 

2008 SIP submittal included provisions 

310 CMR 7.12(1)(a)2–9, (1)(b) and (1)(c), 

and 310 CMR 7.12(2)(a) and (b). 

These versions of the regulations are 

the versions that were made available in 

the docket for the February 7, 2013 NPR. 

We are re-stating this information here, 

not because anything has changed since 

the publication of the NPR, but rather 

for clarity given the complex history of 

these submissions 

In addition, as described in the 

January 18, 2013 letter, the MassDEP 

has withdrawn the following regulations 

from inclusion into the SIP; 310 CMR 

7.02, 310 CMR 7.03, 310 CMR 7.11, and 

310 CMR 7.26(28)–(29). 


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III. Final Action 

EPA is approving the following SIP 

submittals as a revision to the 

Massachusetts SIP: 

• The June 28, 1990 SIP amendment 

revising 310 CMR 7.04, 

• The July 11, 2001 SIP amendment 

revising 310 CMR 7.12, 

• The September 14, 2006 SIP 

amendment revising 310 CMR 7.12, and 

• The February 13, 2008 SIP 

amendment revising 310 CMR 7.04, 310 

CMR 7.12, 310 CMR 7.26(30)–(37), and 

updating the list of Massachusetts cities 

in 310 CMR 7.00. 

With today’s final action, EPA has 

completed its action on Massachusetts’s 

February 13, 2008 SIP submittal. 

Nothing more regarding this submittal is 

pending before EPA. 

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. 

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 June 23, 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: March 27, 2013. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

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 

■ 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)(140) to read as 

follows: 

§ 52.1120 Identification of plan. 

* * * * * 

(c) * * * 

(140) Revisions to the State 

Implementation Plan submitted by the 

Massachusetts Department of 

Environmental Protection on Protection 

on August 9, 2001, September 14, 2006, 

and February 18, 2008. 

(i) Incorporation by reference. 

(A) Provision 310 CMR 7.12(1)(a)1 of 

310 CMR 7.12, ‘‘U Source Registration’’ 

effective on August 3, 2001. 

(B) Provisions 310 CMR 7.12(2)(c), 

7.12(3), and 7.12(4) of 310 CMR 7.12, ‘‘U 

Source Registration’’ effective on 

September 23, 2005. 

(C) Provision 310 CMR 7.00, Table 

entitled, ‘‘Massachusetts Cities & Towns 

with Corresponding DEP Regional 

Offices and Air Pollution Districts’’ 

effective on December 28, 2007. 

(D) Provisions 310 CMR 7.04(2) and 

7.04(4)(a) of 310 CMR 7.04, ‘‘U Fossil 

Fuel Utilization Facilities’’ effective on 

December 28, 2007. 

(E) Provisions 310 CMR 7.12(1)(a)2 

through 9, (1)(b), (1)(c), (2)(a) and (b) of 

310 CMR 7.12, ‘‘U Source Registration’’ 

effective on December 28, 2007. 

(F) Provisions 310 CMR 7.26(30) 

through (37) of 310 CMR 7.26 ‘‘Industry 

Performance Standards’’ effective on 

December 28, 2007. 

(ii) Additional materials. 

(A) A letter from the Massachusetts 

Department of Environmental Protection 

dated August 9, 2001 submitting a 


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22776 Federal Register / Vol. 79, No. 79 / Thursday, April 24, 2014 / Rules and Regulations 

revision to the State Implementation 

Plan. 

(B) A letter from the Massachusetts 

Department of Environmental Protection 

dated September 14, 2006 submitting a 

revision to the State Implementation 

Plan. 

(C) A letter from the Massachusetts 

Department of Environmental Protection 

dated February 13, 2008 submitting a 

revision to the State Implementation 

Plan. 

(D) A letter from the Massachusetts 

Department of Environmental Protection 

dated January 18, 2013 withdrawing 

certain outdated and obsolete regulation 

submittals and replacing them with 

currently effective versions of the 

regulation for approval and inclusion 

into the SIP. 

■ 3. In § 52.1167, Table 52.1167 is 

amended by adding new entries in 

numerical order for 310 CMR 7.00, 310 

CMR 7.04(2), 310 CMR 7.04(4)(a), 310 

CMR 7.12, and 310 CMR 7.26(30)–(37) 

to read as follows: 

§ 52.1167 EPA-approved Massachusetts 

State regulations. 

* * * * * 

TABLE 52.1167—EPA-APPROVED RULES AND REGULATIONS

[See Notes at end of Table] 

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 ...... Table of MA cities 

and towns with 

corresponding 

DEP Regional 

offices.

11/13/07 4/24/14 [Insert Federal 

Register page 

number where 

the document 

begins].

140 

* * * * * * * 

310 CMR 7.04(2) U Fossil fuel Utilization Facilities.11/13/07 4/24/14 [Insert Federal 

Register page 

number where 

the document 

begins].

140 Clarifies new applicability requirements for smoke density instrument removal for certain facilities. 

310 CMR 

7.04(4)(a).

U Fossil Fuel Utilization Facilities.11/13/07 4/24/14 [Insert Federal 

Register page 

number where 

the document 

begins].

140 Requires inspection, maintenance 

testing at facilities with heat inputs 

over 3 MMBtu/ hr (excluding combustion turbines and engines); requires posting of test results near 

facilities. 

* * * * * * * 

310 CMR 7.12 ...... U Source Registration.5/31/01, 

8/23/05 & 

11/13/07 

4/24/14 [Insert Federal 

Register page 

number where 

the document 

begins].

140 Revises applicability threshold emission levels, expands list of sources 

required to report emissions, and 

clarifies types of information reported. 

* * * * * * * 

310 CMR 

7.26(30)–(37).

Industry Performance Standards—U Boilers.11/13/07 4/24/14 [Insert Federal 

Register page 

number where 

the document 

begins].

140 Sets standards for certain types of 

new boilers: replaces requirements 

to obtain a plan approval under 

310 CMR 7.02(2). 

* * * * * * * 

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. 

Editorial Note: This document was 

received for publication by the Office of 

the Federal Register on April 11, 2014. 

[FR Doc. 2014–08610 Filed 4–23–14; 8:45 am] 

BILLING CODE 6560–50–P 


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