[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Rules and Regulations]
[Pages 65661-65663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27158]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R03-OAR-2014-0568; FRL-9917-72-Region 3]


Outer Continental Shelf Air Regulations Consistency Update for 
Maryland

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve an update to a portion of the Outer Continental 
Shelf (OCS) Air Regulations for Maryland. 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, as 
amended in 1990 (CAA or the Act). The portion of the OCS air 
regulations that is being updated pertains to the requirements for OCS 
sources for which Maryland is the designated COA. The intended effect 
of approving the OCS requirements for the Maryland Department of the 
Environment is to regulate emissions from OCS sources in accordance 
with the requirements onshore.

DATES: This rule is effective on December 28, 2015 without further 
notice, unless EPA receives adverse written comment by November 27, 
2015. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect. The incorporation by 
reference of certain publications listed in the rule is approved by the 
Director of the Federal Register as of December 28, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0568 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2014-0568, Dave Campbell, Associate Director, 
Office of Permits and Air Toxics, Mailcode 3AP10, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0568. 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 information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. 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 during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal 
are available at the Maryland Department of the Environment, 1800 
Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Cathleen Van Osten, (215) 814-2746, or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On September 4, 1992, EPA promulgated 40 CFR part 55 which 
established requirements to control air pollution from 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 
CAA. Forty CFR part 55 applies to all OCS sources offshore of the 
states except those locations in the Gulf of Mexico west of 87.5 
degrees longitude. Section 328 of the CAA requires that for such source 
locations within 25 miles of a state's seaward boundary, the 
requirements shall be the same as would be applicable if the source 
were located in the 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.
    Pursuant to 40 CFR 55.12 of the OCS rule, consistency reviews will 
occur: (1) At least annually; (2) upon receipt of a Notice of Intent 
under 40 CFR 55.4; or (3) when a state or local agency submits a rule 
to EPA to be considered for incorporation by reference in 40 CFR part 
55. This proposed action is being taken in response to requirements 
submitted by Maryland. 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 40 CFR part 55 as they 
exist onshore. This limits EPA's flexibility in deciding which 
requirements will be incorporated into 40 CFR part 55 and prevents EPA 
from making substantive changes to the requirements it incorporates. As 
a result, EPA may be incorporating rules into 40 CFR part 55 that do 
not conform to all of EPA's state implementation

[[Page 65662]]

plan (SIP) guidance or certain requirements of the Act. Consistency 
updates may result in the inclusion of state or local rules or 
regulations into 40 CFR 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.

II. EPA's Evaluation

    EPA reviewed Maryland's rules for inclusion in 40 CFR 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 CAA; that they are not designed expressly to prevent 
exploration and development of the OCS; and that they are applicable to 
OCS sources. EPA has also evaluated the rules to ensure they are not 
arbitrary or capricious. In addition, EPA has excluded administrative 
or procedural rules \1\ and requirements that regulate toxics which are 
not related to the attainment and maintenance of Federal and State 
ambient air quality standards.
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    \1\ Each COA that has been delegated the authority to implement 
and enforce 40 CFR 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 40 CFR part 55, 
EPA will use its own administrative and procedural requirements to 
implement the substantive requirements.
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III. Final Action

    EPA is taking direct final action to incorporate the applicable 
provisions of the Code of Maryland Regulations into 40 CFR part 55 as 
required under section 328(a)(1) of the CAA. EPA is publishing this 
rule without prior proposal because EPA views this as a 
noncontroversial amendment and anticipates no adverse comment. However, 
in the ``Proposed Rules'' section of today's Federal Register, EPA is 
publishing a separate document that will serve as the proposal to 
approve the SIP revision if adverse comments are filed. This rule will 
be effective on December 28, 2015 without further notice unless EPA 
receives adverse comment by November 27, 2015. If EPA receives adverse 
comment, EPA will publish a timely withdrawal in the Federal Register 
informing the public that the rule will not take effect. EPA will 
address all public comments in a subsequent final rule based on the 
proposed rule. EPA will not institute a second comment period on this 
action. Any parties interested in commenting must do so at this time.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of Maryland 
Regulations described in the amendments to 40 CFR part 55 set forth 
below. The EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).

V. Statutory and Executive Order Reviews

A. General Requirements

    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 40 CFR 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);
     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.

B. Submission to Congress and the Comptroller General

    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).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 28, 2015. 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. Parties with objections to this direct final rule are

[[Page 65663]]

encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking 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: March 10, 2015.
William C. Early,
Acting, Regional Administrator, Region III.

    Editorial Note: This document was received for publication by 
the Office of the Federal Register on October 21, 2015.

    Accordingly, 40 CFR part 55 is amended as follows:

PART 55--OUTER CONTINENTAL SHELF AIR REGULATIONS

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

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


0
2. Section 55.14 is amended as follows:
0
a. By adding paragraph (d)(10).
0
b. By revising paragraph (e) introductory text.
0
c. By adding paragraph (e)(10).


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

* * * * *
    (d) * * *
    (10) Maryland.
    (i) 40 CFR part 52, subpart V.
    (ii) [Reserved]
* * * * *
    (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 40 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 I 
(Massachusetts) 5 Post Office Square, Boston, MA 02109-3912; U.S. EPA, 
Region III (Delaware, Maryland, and Virginia) 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.
* * * * *
    (10) Maryland.
    (i) State requirements.
    (A) State of Maryland Requirements Applicable to OCS Sources, 
January 8, 2014.
    (B) [Reserved]
    (ii) Local requirements.
    (A) [Reserved]
* * * * *

0
3. In Appendix A to part 55, add an entry for Maryland 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

* * * * *
    Maryland:
    (a) State requirements.
    (1) The following State of Maryland requirements are applicable 
to OCS Sources, January 8, 2014, State of Maryland-Department of the 
Environment. The following sections of Code of Maryland Regulations 
(COMAR) Title 26 Subtitle 11:

COMAR 26.11.01---General Administrative Provisions (Effective as of 
July 08, 2013)
COMAR 26.11.02--Permits, Approvals, and Registrations (Effective as 
of December 20, 2012)
COMAR 26.11.03--Permits, Approvals, and Registration- Title V 
Permits (Effective as of November 12, 2010)
COMAR 26.11.05--Air Pollution Episode System (Effective as of 
November 12, 2010)
COMAR 26.11.06--General Emission Standards, Prohibitions, and 
Restrictions (Effective as of July 08, 2013)
COMAR 26.11.07--Open Fires (Effective as of November 12, 2010)
COMAR 26.11.08--Control of Incinerators (Effective as of November 
26, 2012)
COMAR 26.11.09--Control of Fuel-Burning Equipment, Stationary 
Internal Combustion Engines and Certain Fuel-Burning Installations 
(Effective as of September 16, 2011)
COMAR 26.11.13--Control of Gasoline and Volatile Organic Compound 
Storage and Handling (Effective as of November 12, 2010)
COMAR 26.11.15--Toxic Air Pollutants (Effective as of November 12, 
2010)
COMAR 26.11.16--Procedures Related to Requirements for Toxic Air 
Pollutants (Effective as of November 12, 2010)
COMAR 26.11.17--Nonattainment Provisions for Major New Sources and 
Major Modifications (Effective as of July 08, 2013)
COMAR 26.11.19--Volatile Organic Compounds from Specific Processes 
(Effective as of November 09, 2012)
COMAR 26.11.20--Mobile Sources (Effective as of November 12, 2010)
COMAR 26.11.26--Conformity (Effective as of November 12, 2010)
COMAR 26.11.33--Architectural Coatings (Effective as of November 12, 
2010)
COMAR 26.11.35--Volatile Organic Compounds from Adhesives and 
Sealants (Effective as of November 12, 2010)
COMAR 26.11.36--Distributed Generation (Effective as of June 13, 
2011)
* * * * *
[FR Doc. 2015-27158 Filed 10-26-15; 8:45 am]
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