[Federal Register Volume 73, Number 51 (Friday, March 14, 2008)]
[Proposed Rules]
[Pages 13822-13825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1020]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R02-OAR-2007-0553; FRL-8542-4]


Outer Continental Shelf Air Regulations Update To Include New 
York State Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to update a portion of the Outer Continental 
Shelf (OCS) Air Regulations. Requirements applying to OCS sources 
located within 25 miles of States' seaward boundaries must be 
promulgated into part 55 and updated periodically to remain consistent 
with the requirements of the corresponding onshore area (COA), as 
mandated by section 328(a)(1) of the Clean Air Act (CAA). The portion 
of the OCS air regulations that is being updated pertains to the 
requirements for OCS sources in the State of New York. The intended 
effect of approving the OCS requirements for the State of New York is 
to regulate emissions from OCS sources in accordance with the 
requirements onshore. The requirements discussed below are proposed to 
be incorporated by reference into the Code of Federal Regulations and 
are listed in the appendix to the OCS air regulations.

DATES: Written comments must be received on or before April 14, 2008.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2007-0553, by one of the following methods:
    A. Federal eRulemaking Portal: http://www.regulations.gov: Follow 
the on-line instructions for submitting comments;
    B. E-Mail: [email protected];
    C. Mail: Steven Riva, U.S. Environmental Protection Agency, Region 
2, Air Programs Branch, 290 Broadway, New York, NY 10007;
    D. Hand Delivery: U.S. Environmental Protection Agency Region 2, 
Attn: Steven Riva, 290 Broadway, New York, NY 10007, 25th Floor. Such 
deliveries are only accepted during normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R02-OAR-
2007-0553. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 information that you 
consider to be CBI or otherwise protected through www.regulations.gov 
or e-mail. The http://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 e-mail 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 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute.

[[Page 13823]]

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 http://www.regulations.gov or in hard copy during normal business 
hours at the U.S. Environmental Protection Agency, Region 2, 290 
Broadway, New York, New York 10007.

FOR FURTHER INFORMATION CONTACT: Steven Riva, Air Programs Branch, U.S. 
Environmental Protection Agency, Region 2, 290 Broadway, New York, New 
York 10007; telephone number: (212) 637-4074; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background Information
    Why Is EPA Taking This Action?
II. EPA's Evaluation
    What Criteria Were Used To Evaluate Rules Submitted To Be 
Incorporated Into 40 CFR Part 55?
III. Administrative Requirements
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Coordination With Indian Tribal 
Government
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act

I. Background Information

Why Is EPA Taking This Action?

    On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ which 
established requirements to control air pollution from OCS sources in 
order to attain and maintain Federal and State ambient air quality 
standards (AAQS) and to comply with the provisions of part C of title I 
of the CAA. Part 55 applies to all OCS sources offshore of the States 
except those located in the Gulf of Mexico west of 87.5 degrees 
longitude.
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    \1\ The reader may refer to the Notice of Proposed Rulemaking, 
December 5, 1991 (56 FR 63774), and the preamble to the final rule 
promulgated September 4, 1992 (57 FR 40792) for further background 
and information on the OCS regulations.
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    Section 328(a) of the CAA requires that EPA establish requirements 
to control air pollution from OCS sources located within 25 miles of 
States' seaward boundaries that are the same as onshore requirements. 
To comply with this statutory mandate, EPA must incorporate applicable 
rules in effect for onshore sources into part 55. This limits EPA's 
flexibility in deciding which requirements will be incorporated into 
part 55 and prevents EPA from making substantive changes to the 
requirements it incorporates. As a result, EPA may be incorporating 
rules into part 55 that do not conform to all of EPA's state 
implementation plan (SIP) guidance or certain requirements of the CAA. 
Inclusion in the OCS rule does not imply that a rule meets the 
requirements of the CAA for SIP approval, nor does it imply that the 
rule will be approved by EPA for inclusion in the SIP.

II. EPA's Evaluation

What Criteria Were Used To Evaluate Rules Submitted To Be Incorporated 
Into 40 CFR Part 55?

    EPA reviewed the rules that New York submitted for inclusion in 
part 55 to ensure that they are rationally related to the attainment or 
maintenance of Federal or State AAQS or part C of title I of the CAA 
and that they are not designed expressly to prevent exploration and 
development of the OCS and that they are applicable to OCS sources. 40 
CFR 55.1. EPA has also evaluated the rules to ensure they are not 
arbitrary or capricious. 40 CFR 55.12(e). In addition, EPA has excluded 
New York's administrative or procedural rules,\2\ and requirements that 
regulate toxics that are not related to the attainment and maintenance 
of Federal and State AAQS.
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    \2\ Each COA which has been delegated the authority to implement 
and enforce part 55, will use its administrative and procedural 
rules as onshore. However, in those instances where EPA has not 
delegated authority to implement and enforce part 55, as in New 
York, EPA will use its own administrative and procedural 
requirements to implement the substantive requirements. See 40 CFR 
55.14(c)(4).
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III. Administrative Requirements

A. Executive Order 12866: Regulatory Planning and Review

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

B. Paperwork Reduction Act

    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.)

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions.
    This rule will not have a significant economic impact on a 
substantial number of small entities. This rule implements requirements 
specifically and explicitly set forth by the Congress in section 328 of 
the CAA, without the exercise of any policy discretion by EPA. These 
OCS rules already apply in the COA, and EPA has no evidence to suggest 
that these OCS rules have had a significant economic impact on a 
substantial number of small entities. As required by section 328 of the 
CAA, this action simply incorporates the existing rules in the COA. 
Therefore, EPA certifies that this action will not have a significant 
economic impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(Unfunded Mandates Act), signed into law on March 22, 1995, EPA must 
prepare a budgetary impact statement to accompany any proposed or final 
rule that includes a Federal mandate that may result in estimated costs 
to State, local, and tribal governments in the aggregate; or to the 
private sector, of $100 million or more in any one year. Under section 
205, EPA must select the most cost-effective and least burdensome 
alternative that achieves the objectives of the rule and is consistent 
with statutory requirements. Section 203 requires EPA to establish a 
plan for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that today's proposed rule contains no Federal 
mandates that may result in expenditures of $100 million or more for 
State, local, or tribal governments, in the aggregate, or to the 
private sector in any one year. This action approves pre-existing 
requirements under State or local law, and imposes no new requirements. 
Accordingly, no additional costs to State, local or tribal governments, 
or to the private sector, result from this action.

E. Executive Order 13132: Federalism

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Orders 12612 (Federalism) and 12875 (Enhancing the 
Intergovernmental

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Partnership). Executive Order 13132 requires EPA to develop an 
accountable process to ensure ``meaningful and timely input by State 
and local officials in the development of regulatory policies that have 
federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that 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.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    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, 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. Thus, the 
requirements of section 6 of the Executive Order do not apply to this 
rule.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This final rule does not have 
tribal implications, as specified in Executive Order 13175. It will not 
have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes. Thus, Executive Order 13175 does not 
apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045, entitled ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885 (April 23, 
1997)), applies to any rule that: (1) Is determined to be 
``economically significant'' as defined under Executive Order 12866, 
and (2) concerns an environmental health or safety risk that EPA has 
reason to believe may have a disproportionate effect on children. If 
the regulatory action meets both criteria, the Agency must evaluate the 
environmental health or safety effects of the planned rule on children, 
and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This proposed rule is not subject to Executive Order 13045 because 
it does not involve decisions intended to mitigate environmental health 
or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This proposed rule is not subject to Executive Order 13211, 
entitled ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)) 
because it is not a significant regulatory action under Executive Order 
12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use voluntary consensus standards (VCS) if 
available and applicable when developing programs and policies unless 
doing so would be inconsistent with applicable laws or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this section. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

List of Subjects in 40 CFR Part 55

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Hydrocarbons, Incorporation by reference, 
Intergovernmental relations, Nitrogen dioxide, Nitrogen oxides, Outer 
Continental Shelf, Ozone, Particulate matter, Permits, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: February 29, 2008.
Alan Steinberg,
Regional Administrator, Region 2.
    Title 40, chapter I of the Code of Federal Regulations, is proposed 
to be amended as follows:

PART 55--[AMENDED]

    1. The authority citation for part 55 continues to read as follows:

    Authority: Section 328 of the CAA (42 U.S.C. 7401, et seq.) as 
amended by Public Law 101-549.

    2. Section 55.14 is amended by adding paragraphs (d)(16) and 
(e)(16) to read as follows:


Sec.  55.14  Requirements that apply to OCS sources located within 25 
miles of States' seaward boundaries, by State.

* * * * *
    (d) * * *
    (16) New York.
    (i) 40 CFR part 52, subpart HH.
    (ii) [Reserved].
* * * * *
    (e) * * *
    (16) New York.
    (i) State Requirements.
    (A) State of New York Requirements Applicable to OCS Sources, 
October 20, 2007.
    (B) [Reserved].
    (ii) Local requirements.
    (A) [Reserved].
    3. Appendix A to Part 55 is amended by adding an entry for New York 
in alphabetical order to read as follows:

Appendix A to Part 55--Listing of State and Local Requirements 
Incorporated by Reference Into Part 55, by State

* * * * *

New York

    (a) State requirements.
    (1) The following State of New York requirements are applicable 
to OCS Sources, October 20, 2007. New York Environmental 
Conservation Law--Department of Environmental Conservation. The 
following sections of Title 6, Chapter III:

Part 200. General Provisions

6 NYCRR 200.1. Definitions (effective 8/9/06)
6 NYCRR 200.2. Safeguarding Information (effective 1/16/92)
6 NYCRR 200.3. False Statement (effective 6/16/72)
6 NYCRR 200.4. Severability (effective 8/9/84)
6 NYCRR 200.5. Sealing (effective 2/22/79)
6 NYCRR 200.6. Acceptable Ambient Air Quality (effective 4/6/83)
6 NYCRR 200.7. Maintenance of Equipment (effective 2/22/79)

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6 NYCRR 200.8. Conflict of Interest (effective 1/12/75)
6 NYCRR 200.9. Referenced Material (effective 1/27/07)
6 NYCRR 200.10. Federal Standards and Requirements (effective 10/20/
07)

Part 201. Permits and Certificates

6 NYCRR 201-1. General Provisions (effective 7/7/96)
6 NYCRR 201-2. Definitions (effective 11/21/98)
6 NYCRR 201-3. Exemptions and Trivial Activities (effective 5/7/03)
6 NYCRR 201-4. Minor Facility Registrations (effective 7/7/96)
6 NYCRR 201-5. State Facility Permits (effective 7/7/96)
6 NYCRR 201-6. Title V Facility Permits (effective 1/18/02)
6 NYCRR 201-7. Federally Enforceable Emission Caps (effective 7/7/
96)
6 NYCRR 201-8. General Permits (effective 7/7/96)

Part 202. Emissions Verification

6 NYCRR 202-1. Emissions Testing, Sampling and Analytical 
Determinations (effective 5/29/05)
6 NYCRR 202-2. Emission Statements (effective 5/29/05)

Part 204. NOX Budget Trading Program

6 NYCRR 204-1. General Provisions (effective 2/25/00)
6 NYCRR 204-2. Authorized Account Representative for NOX Budget 
Sources (effective 2/25/00)
6 NYCRR 204-3. Permits (effective 2/25/00)
6 NYCRR 204-4. Compliance Certification (effective 2/25/00)
6 NYCRR 204-5. Allowance Allocations (effective 2/25/00)
6 NYCRR 204-6. Allowance Tracking System (effective 2/25/00)
6 NYCRR 204-7. NOX Allowance Transfers (effective 2/25/00)
6 NYCRR 204-8. Monitoring and Reporting (effective 2/25/00)
6 NYCRR 204-9. Individual Unit Opt-ins (effective 2/25/00)

Part 207--Control Measures for Air Pollution Episode (Effective 2/
22/79)

Part 210--Emissions and Labeling Requirements for Personal 
Watercraft Engines

6 NYCRR 210-1. Applicability and Definitions (effective 8/8/03)
6 NYCRR 210-2. Certification and Prohibitions (effective 8/8/03)
6 NYCRR 210-3. Family Emission Limits (effective 8/8/03)
6 NYCRR 210-4. In-Use Testing and Recall (effective 8/8/03)
6 NYCRR 210-5. Warranty (effective 8/8/03)
6 NYCRR 210-6. Production-Line Testing (effective 8/8/03)
6 NYCRR 210-7. Severability (effective 8/8/03)

Part 211--General Prohibitions (Effective 8/11/83)

Part 212--General Process Emission Sources (Effective 9/22/94)

Part 215--Open Fires (Effective 6/16/72)

Part 219--Incinerators

6 NYCRR 219-1. Incineration--General Provisions (effective 10/30/02)
6 NYCRR 219-2. Municipal and Private Solid Waste Incineration 
Facilities (effective 5/21/05)
6 NYCRR 219-3. Infectious Waste Incineration Facilities (effective 
12/31/88)
6 NYCRR 219-5. Existing Incinerators (effective 12/31/88)
6 NYCRR 219-6. Existing Incinerators--New York City, Nassau and 
Westchester Counties (effective 12/31/88)
6 NYCRR 219-7. Mercury Emission Limitations for Large Municipal 
Waste Combustors Constructed On or Before September 20, 1994 
(effective 5/21/05)
6 NYCRR 219-8. Emission Guidelines and Compliance Times for Small 
Municipal Waste Combustion Units Constructed On or Before August 30, 
1999 (effective 10/18/02)

Part 225--Fuel Consumption and Use

6 NYCRR 225-1. Fuel Composition and Use--Sulfur Limitations 
(effective 1/29/86)
6 NYCRR 225-2. Fuel Composition and Use--Waste Fuel (effective 11/5/
84)
6 NYCRR 225-3. Fuel Composition and Use--Gasoline (effective 11/4/
01)
6 NYCRR 225-4. Motor Vehicle Diesel Fuel (effective 5/8/05)

Part 226--Solvent Metal Cleaning Processes (Effective 5/7/03)

Part 227--Stationary Combustion Installations

6 NYCRR 227-1. Stationary Combustion Installations (effective 2/25/
00)
6 NYCRR 227-2. Reasonably Available Control Technology (RACT) for 
Oxides of Nitrogen (NOX) (effective 2/11/04)
6 NYCRR 227-3 Pre-2003 Nitrogen Oxides Emissions Budget and 
Allowance Program (effective 3/15/99)

Part 228--Surface Coating Processes (Effective 7/23/03)

Part 229--Petroleum and Volatile Organic Liquid Storage and 
Transfer (Effective 4/4/93)

Part 231--New Source Review in Nonattainment Areas and Ozone 
Transport Region

6 NYCRR 231-1. Requirements for Emission Sources Subject to the 
Regulation Prior to November 15, 1992 (effective 10/15/94)
6 NYCRR 231-2. Requirements for Emission Sources Subject to the 
Regulation On or After November 15, 1992 (effective 5/3/00)

Part 240--Conformity to State or Federal Implementation Plans 
(Effective 10/22/04)

Part 243--CAIR NOX Ozone Season Trading Program

6 NYCRR 243-1. CAIR NOX Ozone Season Trading Program 
General Provisions (effective 10/19/07)
6 NYCRR 243-2. CAIR Designated Representative for CAIR 
NOX Ozone Season Sources (effective 10/19/07)
6 NYCRR 243-3. Permits (effective 10/19/07)
6 NYCRR 243-5. CAIR NOX Ozone Season Allowance 
Allocations (effective 10/19/07)
6 NYCRR 243-6. CAIR NOX Ozone Season Allowance Tracking 
System (effective 10/19/07)
6 NYCRR 243-7. CAIR NOX Ozone Season Allowance Transfers 
(effective 10/19/07)
6 NYCRR 243-8. Monitoring and Reporting (effective 10/19/07)
6 NYCRR 243-9. CAIR NOX Ozone Season Opt-in Units 
(effective 10/19/07)

Part 244--CAIR NOX Annual Trading Program

6 NYCRR 244-1. CAIR NOX Annual Trading Program General 
Provisions (effective 10/19/07)
6 NYCRR 244-2. CAIR Designated Representative for CAIR 
NOX Sources (effective 10/19/07)
6 NYCRR 244-3. Permits (effective 10/19/07)
6 NYCRR 244-5. CAIR NOX Allowance Allocations (effective 
10/19/07)
6 NYCRR 244-6. CAIR NOX Allowance Tracking System 
(effective 10/19/07)
6 NYCRR 244-7. CAIR NOX Allowance Transfers (effective 
10/19/07)
6 NYCRR 244-8. Monitoring and Reporting (effective 10/19/07)
6 NYCRR 244-9. CAIR NOX Opt-in Units (effective 10/19/07)

Part 245--CAIR SO2 Trading Program

6 NYCRR 245-1. CAIR SO2 Trading Program General 
Provisions (effective 10/19/07)
6 NYCRR 245-2. CAIR Designated Representative for CAIR 
SO2 Sources (effective 10/19/07)
6 NYCRR 245-3. Permits (effective 10/19/07)
6 NYCRR 245-6. CAIR SO2 Allowance Tracking System 
(effective 10/19/07)
6 NYCRR 245-7. CAIR SO2 Allowance Transfers (effective 
10/19/07)
6 NYCRR 245-8. Monitoring and Reporting (effective 10/19/07)
6 NYCRR 245-9. CAIR SO2 Opt-in Units (effective 10/19/07)
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[FR Doc. 08-1020 Filed 3-13-08; 8:45 am]
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