[Federal Register Volume 75, Number 163 (Tuesday, August 24, 2010)]
[Rules and Regulations]
[Pages 51950-51953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20710]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R01-OAR-2010-0442; A-1-FRL-9167-7]


Outer Continental Shelf Air Regulations Consistency Update for 
Massachusetts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving an update to 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 updated periodically to remain consistent with the requirements of 
the corresponding onshore area (``COA''), as mandated by the Clean Air 
Act (``the Act''). The portion of the OCS air regulations that is being 
updated pertains to the requirements for OCS sources in the 
Commonwealth of Massachusetts. The intended effect of approving the OCS 
requirements for the Commonwealth of Massachusetts is to regulate 
emissions from OCS sources in accordance with the requirements onshore. 
The change to the existing requirements discussed below is incorporated 
by reference into the Code of Federal Regulations and is listed in the 
appendix to the OCS air regulations.

DATES: This direct final rule will be effective October 25, 2010, 
unless EPA receives adverse comments by September 23, 2010. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect. The incorporation by reference of certain 
publications listed in this rule is approved by the Director of the 
Federal Register as of October 25, 2010.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2010-0442 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: (617) 918-0653.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2010-0442'', 
Ida McDonnell, U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Permits, Toxics 
and Indoor Air Unit, 5 Post Office Square--Suite 100, (Mail Code OEP05-
2), Boston, MA 02109-3912.
    5. Hand Delivery or Courier. Deliver your comments to: Ida 
McDonnell, Manager, Air Permits, Toxics and Indoor Air Unit, Office of 
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New 
England Regional Office, 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 to 
4:30, excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2010-0442. 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 through http://www.regulations.gov, or e-mail, information that you consider to be CBI 
or otherwise protected. 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 http://www.regulations.gov your e-mail 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, 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 Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, EPA New England Regional Office, 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 to 4:30, excluding 
legal holidays.

FOR FURTHER INFORMATION CONTACT: Ida E. McDonnell, Air Permits, Toxics 
and Indoor Air Unit, U.S. Environmental Protection Agency, EPA New 
England Regional Office, 5 Post Office Square--Suite 100, (Mail Code 
OEP05-2), Boston, MA 02109-3912, telephone number (617) 918-1653, fax 
number (617) 918-0653, e-mail [email protected].

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 and Purpose
II. EPA's Evaluation
III. EPA's Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ which 
established requirements to control air pollution from Outer 
Continental Shelf (OCS) sources in order to attain and maintain federal 
and state ambient air quality standards and to comply with the 
provisions of part C of title I of the Act. 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. Section 328 of

[[Page 51951]]

the Act requires that for such sources located within 25 miles of a 
State's seaward boundary, the requirements shall be the same as would 
be applicable if the sources were located in the corresponding onshore 
area (COA). Because the OCS requirements are based on onshore 
requirements, and onshore requirements may change, section 328(a)(1) 
requires that EPA update the OCS requirements as necessary to maintain 
consistency with onshore requirements.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    Pursuant to Sec.  55.12 of the OCS rule, consistency reviews will 
occur (1) at least annually; (2) upon receipt of a Notice of Intent 
under Sec.  55.4; or (3) when a state or local agency submits a rule to 
EPA to be considered for incorporation by reference in part 55. This 
proposed action is being taken as a result of EPA's annual review of 
the Commonwealth of Massachusetts regulations.
    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. 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 
Act.
    Consistency updates may result in the inclusion of state or local 
rules or regulations into part 55, even though the same rules may 
ultimately be disapproved for inclusion as part of the SIP. Inclusion 
in the OCS rule does not imply that a rule meets the requirements of 
the Act for SIP approval, nor does it imply that the rule will be 
approved by EPA for inclusion in the SIP.
    On September 17, 2008 (73 FR 53718), EPA finalized a consistency 
update of the OCS regulations pertaining to the requirements of the OCS 
sources in the Commonwealth of Massachusetts.\2\ After EPA's September 
17, 2008 updates to 40 CFR part 55, the Commonwealth of Massachusetts 
adopted regulation changes to 310 Code of Massachusetts Regulations 
(CMR) 4.00: Timely Action Schedule and Fee Provisions, 310 CMR 6.00: 
Ambient Air Quality Standards for the Commonwealth of Massachusetts, 
310 CMR 7.00: Air Pollution Control, and 310 CMR 8:00: The Prevention 
and/or Abatement of Air Pollution Episode and Air Pollution Incident 
Emergencies.
---------------------------------------------------------------------------

    \2\ The reader may refer to the preamble to that final 
consistency update and to the preamble to the February 27, 2008 
proposed consistency update (73 FR 10406) for background, including 
EPA's interpretation of certain Massachusetts regulations as applied 
to OCS sources. Those interpretations continue to apply.
---------------------------------------------------------------------------

II. EPA's Evaluation

    In updating 40 CFR part 55, EPA reviewed the state rules for 
inclusion in part 55 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 they are not arbitrary or capricious. 40 CFR 
55.12(e). In addition, EPA has excluded administrative or procedural 
rules,\3\ and requirements that regulate toxics which are not related 
to the attainment and maintenance of federal and state ambient air 
quality standards.
---------------------------------------------------------------------------

    \3\ Each COA that 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 Massachusetts, EPA 
will use its own administrative and procedural requirements to 
implement the substantive requirements. See 40 CFR 55.14(c)(4). 
Regarding fees, see 40 CFR 55.10.
---------------------------------------------------------------------------

III. EPA's Action

    EPA is taking direct final action to incorporate applicable 
provisions of 310 Code of Massachusetts Regulations (CMR) 4.00: Timely 
Action Schedule and Fee Provisions, 310 CMR 6.00: Ambient Air Quality 
Standards for the Commonwealth of Massachusetts, 310 CMR 7.00: Air 
Pollution Control, and 310 CMR 8:00: The Prevention and/or Abatement of 
Air Pollution Episode and Air Pollution Incident Emergencies, as 
amended through May 20, 2010.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to update the OCS regulations should 
relevant adverse comments be filed. This rule will be effective October 
25, 2010 without further notice unless the Agency receives relevant 
adverse comments by September 23, 2010.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on October 25, 2010 and no further action will 
be taken on the proposed rule. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to establish 
requirements to control air pollution from OCS sources located within 
25 miles of States' seaward boundaries that are the same as onshore air 
control requirements. To comply with this statutory mandate, EPA must 
incorporate applicable onshore rules into part 55 as they exist 
onshore. 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in promulgating OCS 
consistency updates, EPA's role is to maintain consistency between OCS 
regulations and the regulations of onshore areas, provided that they 
meet the criteria of the Clean Air Act. Accordingly, this action simply 
updates the existing OCS requirements to make them consistent with 
requirements onshore, without the exercise of any policy discretion by 
EPA. 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);
     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);

[[Page 51952]]

     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 it does not have a substantial direct effect on one or more 
Indian tribes, 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, nor does it impose 
substantial direct compliance costs on tribal governments, nor preempt 
tribal law.
    Under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 
et seq., an agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. OMB has approved the information 
collection requirements contained in 40 CFR part 55 and, by extension, 
this update to the rules, and has assigned OMB control number 2060-
0249. Notice of OMB's approval of EPA Information Collection Request 
(``ICR'') No. 1601.07 was published in the Federal Register on February 
17, 2009 (74 FR 7432). The approval expires January 31, 2012. As EPA 
previously indicated (70 FR 65897-65898 (November 1, 2005)), the annual 
public reporting and recordkeeping burden for collection of information 
under 40 CFR part 55 is estimated to average 549 hours per response 
using the definition of burden provided in 44 U.S.C. 3502(2).
    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 October 25, 2010. 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 55

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

    Dated: June 8, 2010.
H. Curtis Spalding,
Regional Administrator, EPA New England.

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

PART 55--[AMENDED]

0
1. The authority citation for part 55 continues to read as follows:

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


0
2. Section 55.14 is amended by revising paragraphs (e) introductory 
text and (e)(11)(i)(A) to read as follows:


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

* * * * *
    (e) State and local requirements. State and local requirements 
promulgated by EPA as applicable to OCS sources located within 25 miles 
of States' seaward boundaries have been compiled into separate 
documents organized by State and local areas of jurisdiction. These 
documents, set forth below, are incorporated by reference. This 
incorporation by reference was approved by the Director of the Federal 
Register Office in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies may be inspected at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code _of_federal_regulations/ibr_locations.html.
    Copies of rules pertaining to particular states or local areas may 
be inspected or obtained from the EPA Docket Center--Public Reading 
Room, EPA West Building, Room 3334, 1301 Constitution Avenue, NW., 
Washington, DC 20004 or the appropriate EPA regional offices: U.S.EPA, 
Region 1 (Massachusetts) 5 Post Office Square, Boston, MA 02109-3912 ; 
U.S. EPA, Region 2 (New Jersey and New York), 290 Broadway, New York, 
NY 10007-1866; U.S. EPA, Region III (Delaware), 1650 Arch Street, 
Philadelphia, PA 19103, (215) 814-5000; U.S. EPA, Region 4 (Florida and 
North Carolina), 61 Forsyth Street, Atlanta, GA 30303; U.S. EPA, Region 
9 (California), 75 Hawthorne Street, San Francisco, CA 94105; and U.S. 
EPA, Region 10 (Alaska), 1200 Sixth Avenue, Seattle, WA 98101. For an 
informational listing of the State and local requirements incorporated 
into this part, which are applicable to sources of air pollution 
located on the OCS, see appendix A to this part.
* * * * *
    (11) * * *
    (i) * * *
    (A) Commonwealth of Massachusetts Requirements Applicable to OCS 
Sources, May 20, 2010.
* * * * *

0
3. Appendix A to Part 55 is amended under ``Massachusetts'' by revising 
paragraph (a)(1) to read as follows:

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

* * * * *

Massachusetts

    (a) * * *
    (1) The following Commonwealth of Massachusetts requirements are 
applicable to OCS Sources, May 20, 2010, Commonwealth of 
Massachusetts--Department of Environmental Protection.
    The following sections of 310 CMR 4.00, 310 CMR 6.00, 310 CMR 
7.00 and 310 CMR 8.00:

310 CMR 4.00: Timely Action Schedule and Fee Provisions

Section 4.01: Purpose, Authority and General Provisions (Effective 
9/4/2009)
Section 4.02: Definitions (Effective 9/4/2009)
Section 4.03: Annual Compliance Assurance Fee (Effective 9/4/2009)
Section 4.04: Permit Application Schedules and Fee (Effective 9/4/
2009)

[[Page 51953]]

Section 4.10: Appendix: Schedules for Timely Action and Permit 
Application Fees (Effective 9/4/2009)

310 CMR 6.00: Ambient Air Quality Standards for the Commonwealth of 
Massachusetts

Section 6.01: Definitions (Effective 4/2/2010)
Section 6.02: Scope (Effective 4/2/2010)
Section 6.03: Reference Conditions (Effective 4/2/2010)
Section 6.04: Standards (Effective 4/2/2010)

310 CMR 7.00: Air Pollution Control

Section 7.00: Statutory Authority; Legend; Preamble; Definitions 
(Effective 4/2/2010)
Section 7.01: General Regulations to Prevent Air Pollution 
(Effective 4/2/2010)
Section 7.02: U Plan Approval and Emission Limitations (Effective 4/
2/2010)
Section 7.03: U Plan Approval Exemptions: Construction Requirements 
(Effective 4/2/2010)
Section 7.04: U Fossil Fuel Utilization Facilities (Effective 4/2/
2010)
Section 7.05: U Fuels All Districts (Effective 4/2/2010)
Section 7.06: U Visible Emissions (Effective 4/2/2010)
Section 7.07: U Open Burning (Effective 4/2/2010)
Section 7.08: U Incinerators (Effective 4/2/2010)
Section 7.09: U Dust, Odor, Construction and Demolition (Effective 
4/2/2010)
Section 7.11: U Transportation Media (Effective 4/2/2010)
Section 7.12: U Source Registration (Effective 4/2/2010)
Section 7.13: U Stack Testing (Effective 4/2/2010)
Section 7.14: U Monitoring Devices and Reports (Effective 4/2/2010)
Section 7.15: U Asbestos (Effective 4/2/2010)
Section 7.18: U Volatile and Halogenated Organic Compounds 
(Effective 4/2/2010)
Section 7.19: U Reasonably Available Control Technology (RACT) for 
Sources of Oxides of Nitrogen (NOX) (Effective 4/2/2010)
Section 7.21: Sulfur Dioxide Emissions Limitations (Effective 4/2/
2010)
Section 7.22: Sulfur Dioxide Emissions Reductions for the Purpose of 
Reducing Acid Rain (Effective 4/2/2010)
Section 7.24: U Organic Material Storage and Distribution (Effective 
4/2/2010)
Section 7.25: U Best Available Controls for Consumer and Commercial 
Products (Effective 4/2/2010)
Section 7.26: Industry Performance Standards (Effective 4/2/2010)
Section 7.32: Massachusetts Clean Air Interstate Rule (Mass CAIR) 
(Effective 4/2/2010)
Section 7.60: U Severability (Effective 4/2/2010)
Section 7.70: Massachusetts CO2 Budget Trading Program (Effective 4/
2/2010)
Section 7.71: Reporting of Greenhouse Gas Emissions (Effective 4/2/
2010)
Section 7.00: Appendix A (Effective 4/2/2010)
Section 7.00: Appendix B (Effective 4/2/2010)
Section 7.00: Appendix C (Effective 4/2/2010)

310 CMR 8.00: The Prevention and/or Abatement of Air Pollution Episode 
and Air Pollution Incident Emergencies

Section 8.01: Introduction (Effective 4/2/2010)
Section 8.02: Definitions (Effective 4/2/2010)
Section 8.03: Air Pollution Episode Criteria (Effective 4/2/2010)
Section 8.04: Air Pollution Episode Potential Advisories (Effective 
4/2/2010)
Section 8.05: Declaration of Air Pollution Episodes and Incidents 
(Effective 4/2/2010)
Section 8.06: Termination of Air Pollution Episodes and Incident 
Emergencies (Effective 4/2/2010)
Section 8.07: Emission Reductions Strategies (Effective 4/2/2010)
Section 8.08: Emission Reduction Plans (Effective 4/2/2010)
Section 8.15: Air Pollution Incident Emergency (Effective 4/2/2010)
Section 8.30: Severability (Effective 4/2/2010)
* * * * *

[FR Doc. 2010-20710 Filed 8-23-10; 8:45 am]
BILLING CODE 6560-50-P