[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Rules and Regulations]
[Pages 62393-62395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21460]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R03-OAR-2014-0568; FRL-9950-98-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 for onshore sources.

DATES: This rule is effective on November 8, 2016 without further 
notice, unless EPA receives adverse written comment by October 11, 
2016. 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 November 8, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2014-0568 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: David Talley, (215) 814-2117, 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 action is being taken in response to requirements submitted by 
Maryland on May 6, 2016. 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 the corresponding onshore requirements. To comply with this 
statutory mandate, EPA must incorporate applicable onshore rules into 
40 CFR part 55 as they exist for onshore sources. This

[[Page 62394]]

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 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. EPA finds that Maryland's rules meet 
these requirements.
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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 if 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 this Federal Register, EPA is 
publishing a separate document that will serve as the proposal to 
approve the update to Maryland's OCS regulations if adverse comments 
are filed. This rule will be effective on November 8, 2016 without 
further notice unless EPA receives adverse comment by October 11, 2016. 
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 CAA, 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 the 
corresponding onshore air quality control requirements. To comply with 
this statutory mandate, EPA must incorporate applicable onshore rules 
into 40 CFR part 55. 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 corresponding regulations 
for onshore areas, provided that they meet the criteria of the CAA. 
Accordingly, this action simply updates the existing OCS requirements 
to make them consistent with the requirements for onshore areas, 
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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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 CAA; 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 the OCS requirements are not approved to apply in Indian 
country located in the state, and EPA notes that it will not impose 
substantial direct costs on tribal governments or preempt tribal law.

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

[[Page 62395]]

circuit by November 8, 2016. 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 encouraged to file a 
comment in response to the parallel notice of proposed rulemaking for 
this action published in the proposed rules section of this 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 pertaining to OCS sources in Maryland 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, Carbon monoxide, Hydrocarbons, Incorporation by 
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Outer 
Continental Shelf, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 2, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.

    For the reasons discussed in the preamble, 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 by revising paragraph (e)(10)(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) * * *
    (10) * * *
    (i) * * *
    (A) State of Maryland Requirements Applicable to OCS Sources, May 
6, 2016.
* * * * *

0
3. In appendix A to part 55, the entry for Maryland is revised 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, May 6, 2016, 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 
February 15, 2016)
COMAR 26.11.02--Permits, Approvals, and Registrations (Effective as 
of December 10, 2015)
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 February 
15, 2016)
COMAR 26.11.09--Control of Fuel-Burning Equipment, Stationary 
Internal Combustion Engines and Certain Fuel-Burning Installations 
(Effective as of July 20, 2015)
COMAR 26.11.13--Control of Gasoline and Volatile Organic Compound 
Storage and Handling (Effective as of July 21, 2014)
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 September 28, 2015, 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)
COMAR 26.11.39--Architectural and Industrial Maintenance (AIM) 
Coatings (Effective as of April 2016)
* * * * *
[FR Doc. 2016-21460 Filed 9-8-16; 8:45 am]
 BILLING CODE 6560-50-P