[Federal Register Volume 79, Number 230 (Monday, December 1, 2014)]
[Proposed Rules]
[Pages 71061-71065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28299]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2013-0786; A-1-FRL-9918-26-Region-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Massachusetts; Transit System Improvements

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of Massachusetts on November 6, 2013. This proposal, if 
finalized, would remove the design of the Red Line/Blue Line Connector 
as a requirement in the Massachusetts SIP, without substitution or 
replacement, and would implement administrative changes that lengthen 
the existing public process by fifteen days and replace references to 
the Executive Office of Transportation (EOT) with references to the 
Massachusetts Department of Transportation (MassDOT). This action is 
being taken under the Clean Air Act.

DATES: Written comments must be received on or before December 31, 
2014.

[[Page 71062]]


ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2013-0786 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: <a href="/cdn-cgi/l/email-protection#38594a5657545c165956565d785d4859165f574e"><span class="__cf_email__" data-cfemail="8beaf9e5e4e7efa5eae5e5eecbeefbeaa5ece4fd">[email protected]</span></a>.
    3. Fax: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2013-0786,'' 
Anne Arnold, U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Quality Planning 
Unit, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 
02109-3912.
    5. Hand Delivery or Courier: Deliver your comments to: Anne Arnold, 
Manager, Air Quality Planning Unit, U.S. Environmental Protection 
Agency, EPA New England Regional Office, Office of Ecosystem 
Protection, Air Quality Planning 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 a.m. to 4:30 p.m., excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2013-0786. 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 U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Quality Planning 
Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA requests that if 
at all possible, you contact the contact listed in the FOR FURTHER 
INFORMATION CONTACT section to schedule your inspection. The Regional 
Office's official hours of business are Monday through Friday, 8:30 
a.m. to 4:30 p.m., excluding legal holidays.
    In addition, copies of the state submittal are also available for 
public inspection during normal business hours, by appointment at the 
State Air Agency; Air and Climate Division, Department of Environmental 
Protection, One Winter Street, 8th Floor, Boston, MA 02108.

FOR FURTHER INFORMATION CONTACT: Donald O. Cooke, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 
Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912, telephone number (617) 918-1668, fax number (617) 918-0668, email 
<a href="/cdn-cgi/l/email-protection#a1c2cececac48fc5cecfc0cdc5e1c4d1c08fc6ced7"><span class="__cf_email__" data-cfemail="5c3f33333739723833323d30381c392c3d723b332a">[email protected]</span></a>.

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.

I. Background
II. Massachusetts' 2013 SIP Revision Submittal
    A. Deletion of the Design of the Red Line/Blue Line Connector
    B. Administrative Changes
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

    On December 9, 1991, the Massachusetts Department of Environmental 
Protection (MassDEP) submitted a revision to its SIP for Transit System 
Improvements and HOV (High Occupancy Vehicle) Lanes in the Metropolitan 
Boston Air Pollution Control District. This SIP revision committed the 
Massachusetts Executive Office of Transportation and Construction (MA 
EOTC) to pursue implementation, monitoring, and enforcement of transit 
system improvements and HOV lanes that were identified as 
transportation and air quality mitigation measures in a 1990 Final 
Supplemental Environmental Impact Statement for the Central Artery/
Third Harbor Tunnel (CA/THT) project. EPA determined five of the 
proposed transportation control measures (TCMs) were necessary to help 
achieve an air quality benefit from the CA/THT. This 1991 SIP revision 
included the following two new regulations: 310 Code of Massachusetts 
Regulations (CMR) 7.36, ``Transit System Improvements;'' and 310 CMR 
7.37, ``High Occupancy Vehicle Lanes.''
    This initial transit system improvement and high occupancy vehicle 
lanes SIP revision was approved by EPA on October 4, 1994 (59 FR 50495) 
and required the Transit System Improvement Projects in Table 1 to be 
completed and available for public use by the dates specified below:

                   Table 1--Commitment to Transit System Improvement Projects in 310 CMR 7.36
                                     [State effective date December 6, 1991]
----------------------------------------------------------------------------------------------------------------
 Projects must be completed and available for public use by:          Transit system improvement projects
----------------------------------------------------------------------------------------------------------------
December 31, 1992............................................  --Lynn Central Square Station and Parking Garage,
                                                               --North Station high platforms and high tracks,
                                                               --Lynn Transit Station Bus Terminal.
December 31, 1994............................................  --South Station Bus Terminal,

[[Page 71063]]

 
                                                               --South Station Track Number 12,
                                                               --Ipswich Commuter Rail Line extension to
                                                                Newburyport.
December 31, 1996............................................  --Old Colony Commuter Rail Line Extension,
                                                               --Framingham Commuter Rail Line Extension to
                                                                Worcester,
                                                               --10,000 Park and Ride and Commuter Rail parking
                                                                spaces outside of the Boston core.
December 31, 1997............................................  --Green Line Arborway Restoration.
December 31, 1998............................................  --Blue Line platform lengthening and
                                                                modernization.
December 31, 1999............................................  --10,000 Park and Ride and Commuter Rail Station
                                                                Parking spaces outside of the Boston core in
                                                                addition to those completed by December 31,
                                                                1996.
December 31, 2001............................................  --South Boston Piers Electric Bus Service.
December 31, 2011............................................  --Green Line extension to Ball Square/Tufts
                                                                University,
                                                               --Blue Line Connection from Bowdoin Station to
                                                                the Red Line at Charles Station.
----------------------------------------------------------------------------------------------------------------

    On December 13, 2006, the MassDEP submitted a revision to its SIP 
amending its Transit System Improvements Regulation. The revision 
consisted of MassDEP's final amendments to 310 CMR 7.36, ``Transit 
System Improvements,'' with a state effective date of December 1, 2006. 
In the revised rule, three of the SIP-required projects, the Green Line 
Arborway Restoration, the Blue Line Connection from Bowdoin Station to 
the Red Line at Charles Station, and the Green Line extension to Ball 
Square/Tufts University, were replaced by the Fairmount Line commuter 
rail improvements project (construction to be completed and opened to 
full public use by December 31, 2011), 1,000 new park and ride parking 
spaces serving Massachusetts Bay Transportation Authority (MBTA) 
transit and commuter rail in the Metropolitan Boston Area (construction 
to be completed and opened to full public use by December 31, 2011), 
final design of the connection from the Blue Line at Government Center 
to the Red Line at Charles Station (final design before December 31, 
2011, but no commitment to its construction), and an enhanced Green 
Line transit extension to Medford Hillside with a spur to Union Square 
(construction to be completed and opened to full public use by December 
31, 2014).
    On June 1, 2007, MassDEP supplemented its December 13, 2006 SIP 
revision with Massachusetts Executive Office of Transportation's 
(EOT's) amended air quality modeling analysis report (``Description of 
Modeling Assumptions and Analysis Methodology for the State 
Implementation Plan Transit Commitment Projects Current and Proposed 
Substitutions,'' dated March 15, 2007) and a letter determining that 
EOT had met the requirements of 310 CMR 7.36(8), Determination of Air 
Quality Emissions Reductions, including a determination that the 
Fairmount Line improvements, 1,000 new park-and-ride parking spaces, 
and the Green Line extension to Medford Hillside with a spur to Union 
Square would achieve at least 110% of the emissions reductions that 
would have been achieved had the Arborway Restoration, Red Line/Blue 
Line Connector, and Green Line extension to Ball Square been 
constructed. EOT held a public comment period on the modeling analysis 
report for a 45-day period commencing on January 2, 2007. EOT then 
amended the report based on comments received and commenced an 
additional two-week public comment period on March 21, 2007, following 
posting in the Massachusetts' ``Environmental Monitor.'' MassDEP also 
submitted EOT's responses to public comments received as part of the 
supplemental materials.
    On November 5, 2007 (72 FR 62422), EPA published a Notice of 
Proposed Rulemaking for the Commonwealth of Massachusetts' December 13, 
2006 SIP revision as amended by the June 1, 2007 supplement. [See EPA 
Docket number EPA-R01-OAR-2006-1018 at www.regulations.gov]. In 
evaluating the proposed replacement/substitution transit projects for 
the Green Line Arborway Restoration, the Red Line/Blue Line Connector, 
and the Green Line extension to Ball Square/Tufts University (see Table 
2), EPA ensured that the substitution provisions in 310 CMR 7.36(5), 
Substitute Transit System Improvement Projects, which were adopted into 
the Massachusetts SIP, were satisfied and followed the ``Interim 
Guidance for Implementing the Transportation Conformity Provisions in 
the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users (SAFETEA-LU),'' (EPA420-B-06-901, February 2006). As 
Massachusetts' TCM substitution mechanisms were approved into the SIP 
prior to SAFETEA-LU's enactment, Massachusetts must continue to use its 
SIP-approved TCM substitution mechanisms in addition to the new 
SAFETEA-LU statutory provision, as applicable, to make substitutions.

                    Table 2--Replacement Transit System Improvement Projects in 310 CMR 7.36
                                     [State effective date December 1, 2006]
----------------------------------------------------------------------------------------------------------------
                                                                 Transit system improvement projects to replace
                                                                 the Green Line Arborway Restoration, the Blue
 Projects must be  completed and available for public use by:   Line  Connection from Bowdoin Station to the Red
                                                                  Line at Charles Station, and the Green Line
                                                                   extension to Ball Square/Tufts University:
----------------------------------------------------------------------------------------------------------------
December 31, 2011............................................  --Fairmont Line commuter rail improvements
                                                                project.
December 31, 2011............................................  --1000 new park and ride parking spaces serving
                                                                MBTA transit and commuter rail in the
                                                                Metropolitan Boston Area.
December 31, 2011............................................  --Final design of the connection from the Blue
                                                                Line at Government Center to the Red Line at
                                                                Charles Station. [Final design but no commitment
                                                                to its construction].
December 31, 2014............................................  --Enhanced Green Line transit extension to
                                                                Medford Hillside with a spur to Union Square.
----------------------------------------------------------------------------------------------------------------


[[Page 71064]]

    On July 31, 2008 (73 FR 44654), EPA approved Massachusetts' 
amendments to Transit System Improvements Regulation, 310 CMR 7.36, and 
Definitions Regulation, 310 CMR 7.00 (with a state effective date of 
December 1, 2006), as a revision to the Massachusetts SIP. This 
revision changed completion dates of delayed transit projects, provided 
interim deadlines for projects, maintained requirements for interim 
emission reduction offsets in the event a project becomes delayed, 
modified the project substitution process, revised the list of required 
transit projects, and expanded public participation in, and oversight 
of, the projects. The intended effect of this action was to substitute 
specific transit projects and 1,000 park and ride spaces to replace 
certain transit projects previously approved into the SIP and to 
approve modifications to the delay and substitution procedures for 
transit projects.
    EPA found that the transit measures in the December 1, 2006 Revised 
Transit System Improvements Regulation remained directionally sound and 
that all substitution projects identified in the Regulation would 
collectively contribute to achieving the national ambient air quality 
standard for ozone and maintaining the carbon monoxide standard, 
thereby satisfying requirements set forth in section 110(l) of the 
Clean Air Act.

II. Massachusetts' 2013 SIP Revision Submittal

    Massachusetts Air Pollution Control regulation 310 CMR 7.36, 
``Transit System Improvements'' (effective December 1, 2006), is 
currently incorporated-by-reference into the SIP. The Commonwealth's 
November 6, 2013 SIP submittal requests that EPA approve the 
replacement of this regulation in the SIP by an amended 310 CMR 7.36, 
``Transit System Improvements'' (effective October 25, 2013). The 
amended regulation: (1) Deletes the SIP requirement to design the Red 
Line/Blue Line Connector from the Blue Line at Government Center to the 
Red Line at Charles Station; (2) lengthens by fifteen days the time 
within which MassDEP must hold a public meeting to take public comment 
on MassDOT's annual update and status report; and (3) replaces 
references to Executive Office of Transportation and EOT with 
Massachusetts Department of Transportation and MassDOT, respectively. 
These three amendments are addressed in more detail below.
    EPA's role in this proposed action is to approve state choices, 
provided they meet the criteria of the Clean Air Act. An adequate SIP 
revision is one that meets the Clean Air Act requirement under section 
110(l) that a SIP revision must not interfere with attainment and 
maintenance of national ambient air quality standards (NAAQS) or any 
other applicable requirement of the Act. The Commonwealth has 
flexibility to revise SIP-approved TCMs, provided the revisions are 
consistent with attaining and maintaining compliance with the NAAQS.

A. Deletion of the Design of the Red Line/Blue Line Connector

    The first amendment deletes the requirement that MassDOT complete 
the final design of the Red Line/Blue Line Connector from the Blue Line 
at Government Center to the Red Line at Charles Station by December 31, 
2011. Although 310 CMR 7.36(2)(i), as adopted in 2006, required MassDOT 
to complete the final design of the Red Line/Blue Line Connector, the 
regulation did not require that the project be constructed. MassDOT 
took a number of steps to advance the Red Line/Blue Line Connector 
design, including, but not limited to, allocating resources to advance 
the conceptual design, completing a Draft Environmental Impact Report, 
and forming and meeting with a working group. MassDOT has estimated 
that $50 million would be needed to complete the final design, far 
exceeding the $29 million last identified in the Boston Metropolitan 
Planning Organization (MPO) 2009 Regional Transportation Plan (RTP). 
MassDOT has determined that allocating additional and scarce 
transportation funding to the final design of the project is not 
justified. Therefore, in July 2011, MassDOT requested that MassDEP 
remove the Red Line/Blue Line Connector design from the regulation and 
the SIP.
    SAFETEA-LU, which was signed into law on August 10, 2005, revised a 
number of aspects of the Clean Air Act's section 176(c) transportation 
conformity provisions. In addition to amendments to the transportation 
conformity provisions, SAFETEA-LU also added a provision to section 
176(c) to allow states to substitute or add TCMs into approved SIPs 
without the standard SIP revision process. This allowed a streamlined 
process for substituting and adding TCMs to an approved SIP. Where a 
substitution is not proposed, however, a TCM may only be removed from 
an applicable SIP through a standard SIP revision. Such a SIP revision 
must be shown to meet Clean Air Act section 110(l) requirements (e.g., 
the area would have to show that removal of the TCM would not interfere 
with any applicable requirement concerning attainment and reasonable 
further progress, or any other applicable Clean Air Act requirement).
    Since the Massachusetts SIP revision is for the removal of a SIP 
requirement without replacement or substitution, EPA believes the 
provisions of 310 CMR 7.36(5), Substitute Transit System Improvement 
Projects, and EPA's Guidance for Implementing the Clean Air Act Section 
176(c)(8) Transportation Control Measure Substitution and Addition 
Provision do not apply.\1\ Most importantly, as the previously approved 
SIP requirement is for design only, removing this requirement from the 
SIP will not affect the total emission reductions achieved from the 
projects included in the Massachusetts Transit System Improvements 
Regulation and would not interfere with any applicable requirement 
concerning attainment and reasonable further progress, or any other 
applicable Clean Air Act requirement, thereby satisfying the 
requirements set forth in section 110(l) of the Clean Air Act. 
Therefore, EPA is proposing to approve this amendment.
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    \1\ The guidance is available at http://www.epa.gov/otaq/stateresources/transconf/policy/420b09002.pdf.
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B. Administrative Changes

    EOT/MassDOT, in consultation with the MBTA, is required to develop 
and submit to MassDEP by July 1st of each year a report for each 
project required by the Transit System Improvements Regulation [310 CMR 
7.36(2)(f) through (j) and any project implemented pursuant to 310 CMR 
7.36(4) and (5)] in accordance with the provisions established at 310 
CMR 7.36(7)(a) of the Transit System Improvements Regulation's Public 
Process Requirements. Following receipt of the report, MassDEP is 
required to conduct a public meeting to take public comment on EOT/
MassDOT's update and status report. Because MassDEP is required to 
conduct the public meeting within 60 days of its receipt of the report, 
there have been conflicts with the Labor Day Holiday and the end of 
summer season. Therefore, in the revised regulation submitted on 
November 6, 2013, MassDEP lengthened the public meeting deadline to 
within 75 days of the receipt of the report to avoid these conflicts. 
The additional fifteen days will still result in a timely hearing on 
MassDOT's updates and reports, and should enable more stakeholders and 
members of the public to participate.
    MassDEP shall continue to provide public notice at least 30 days 
prior to

[[Page 71065]]

the public meeting and shall also make copies of MassDOT's annual 
update and status report available to the public at least 30 days prior 
to the public meeting. EPA finds the fifteen day extension acceptable 
since it will benefit the public review and comment opportunities and 
will not affect emissions or interfere with any applicable requirement 
concerning attainment and reasonable further progress or any other 
applicable Clean Air Act requirement. Therefore, EPA is proposing to 
approve this amendment. If our proposal is finalized, MassDEP will hold 
future public meeting on the annual update and status report within 
seventy-five days of MassDEP's receipt of the report. See 310 CMR 
7.36(7)(b).
    In addition, in the revised regulation submitted on November 6, 
2013, the terms ``Executive Office of Transportation'' and ``EOT'' have 
been replaced with ``Massachusetts Department of Transportation'' and 
``MassDOT,'' respectively, to reflect Chapter 25 of the Acts of 2009. 
In June 2009, Governor Deval Patrick signed Chapter 25 of the Acts of 
2009, ``An Act Modernizing the Transportation Systems of the 
Commonwealth of Massachusetts,'' (as amended by Chapter 26 of the 
``Act''). This transportation reform legislation integrated 
transportation agencies and authorities into a new, streamlined 
MassDOT, which is a merger of the Executive Office of Transportation 
and Public Works (EOT) and its divisions with the Massachusetts 
Turnpike Authority (MTA), the Massachusetts Highway Department (MHD), 
the Registry of Motor Vehicles (RMV), the Massachusetts Aeronautics 
Commission (MAC), and the Tobin Bridge, currently owned and operated by 
the Massachusetts Port Authority (MPA). In addition, the MBTA and 
Regional Transit Authorities (RTA) are subject to oversight by the new 
organization. The organization also assumed responsibility for many of 
the bridges and parkways currently operated by the Department of 
Conservation and Recreation (DCR).
    EPA is proposing to approve these administrative changes, which do 
not interfere with attainment and reasonable further progress or any 
other applicable Clean Air Act requirement, and which will, if 
finalized, make the SIP consistent with State agency organization.

III. Proposed Action

    EPA is proposing to approve Massachusetts' revised 310 CMR 7.36, 
``Transit System Improvements,'' submitted on November 6, 2013, as a 
revision to the Massachusetts SIP. This revised rule: (1) Deletes the 
existing SIP requirement to design the Red Line/Blue Line Connector 
from the Blue Line at Government Center to the Red Line at Charles 
Station (310 CMR 7.36(2)(i)); (2) lengthens by fifteen days the time 
within which MassDEP must hold a public meeting to take public comment 
on MassDOT's annual update and status report (310 CMR 7.36(7)(b)); and 
(3) replaces references to Executive Office of Transportation and EOT 
with references to Massachusetts Department of Transportation and 
MassDOT, respectively.
    EPA's review of the material submitted on November 6, 2013 to 
remove the ``design only'' of the Red Line/Blue Line Connector from the 
Massachusetts SIP; add administrative changes to lengthen portions of 
the public process under 310 CMR 7.36(2)(i); and update references to 
the appropriate State transportation agency, indicates that the 
proposed modifications would not interfere with any applicable 
requirement concerning attainment and reasonable further progress, or 
any other applicable Clean Air Act requirement.
    EPA is soliciting public comments on the issues discussed in this 
notice or on other relevant matters. These comments will be considered 
before taking 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.

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 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:
    <bullet> 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);
    <bullet> does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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 (Public Law 104-
4);
    <bullet> does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: November 6, 2014.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
[FR Doc. 2014-28299 Filed 11-28-14; 8:45 am]
BILLING CODE 6560-50-P


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