[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Rules and Regulations]
[Pages 44921-44924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17590]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R02-OAR-2007-0553; FRL-8688-3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing the update of the Outer Continental Shelf 
(OCS) Air Regulations proposed in the Federal Register on March 14, 
2008. 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 incorporated by reference into the Code of Federal 
Regulations and are listed in the appendix to the OCS air regulations.

DATES: Effective Date: This rule is effective on September 2, 2008.
    This incorporation by reference of certain publications listed in 
this rule is approved by the Director of the Federal Register as of 
September 2, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R02-OAR-2007-0553. All documents in the docket are listed on 
the http://www.regulations.gov Web site. Publicly available docket 
materials are available either electronically through http://www.regulations.gov or in hard copy 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
II. Public Comment and EPA Response
III. EPA Action
IV. 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
    J. Congressional Review Act
    K. Petitions for Judicial Review

I. Background Information

    Throughout this document, the terms ``we,'' ``us,'' and ``our'' 
refer to the U.S. EPA.
    On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ which 
established requirements to control air pollution from OCS sources in 
order to

[[Page 44922]]

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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    On March 14, 2008 (73 FR 13822), EPA proposed to approve 
requirements into the OCS Air Regulations pertaining to the State of 
New York. EPA has evaluated the proposed regulations to ensure that 
they are rationally related to the attainment or maintenance of Federal 
or State ambient air quality standards or Part C of title I of the Act, 
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 that they are not 
arbitrary or capricious. 40 CFR 55.12(e). In addition, EPA has excluded 
administrative or procedural rules.
    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. Public Comment and EPA Response

    EPA's proposed action provided a 30-day public comment period, 
which closed on April 14, 2008. During this period EPA received no 
comments on the proposed action.

III. EPA Action

    In this document, EPA takes final action to incorporate the 
proposed changes into 40 CFR part 55. EPA is approving the proposed 
actions under section 328(a)(1) of the Act, 42 U.S.C. 7627. Section 
328(a) of the Act 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 onshore 
rules into part 55 as they exist onshore.

IV. 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 final 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 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

[[Page 44923]]

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 final 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 final 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.

J. Congressional Review Act

    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 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 this 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). This action will be effective September 2, 2008.

K. Petition for Judicial Review

    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 September 30, 2008. Filing a 
petition for reconsideration by the Administrator of this final action 
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 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: June 25, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.

0
Title 40, chapter I of the Code of Federal Regulations, is to be 
amended as follows:

PART 55--[AMENDED]

0
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.


0
2. Section 55.14 is amended by adding new 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]

0
3. Amend Appendix A to part 55 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)
6 NYCRR 200.8. Conflict of Interest (effective 1/12/75)
6 NYCRR 200.9. Referenced Material (effective 1/271/07)

[[Page 44924]]

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)
* * * * *
[FR Doc. E8-17590 Filed 7-31-08; 8:45 am]
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