[Federal Register Volume 83, Number 219 (Tuesday, November 13, 2018)]
[Rules and Regulations]
[Pages 56259-56262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24648]



[[Page 56259]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R01-OAR-2018-0011; FRL-9983-52-Region 1]


Outer Continental Shelf Air Regulations; Consistency Update for 
Massachusetts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is updating 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 section 328(a)(1) of the Clean Air Act. The portion of the 
OCS air regulations that is being updated pertains to the requirements 
for OCS sources for which Massachusetts is the designated COA. The 
Commonwealth of Massachusetts' requirements discussed in this document 
will be incorporated by reference into the Code of Federal Regulations 
and listed in the appendix to the federal OCS air regulations.

DATES: This rule is effective on December 13, 2018. The incorporation 
by reference of certain publications listed in this rule is approved by 
the Director of the Federal Register as of December 13, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2018-0011. All documents in the docket 
are listed on the https://www.regulations.gov website. 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 at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
Region 1 Regional Office, Office of Ecosystem Protection, Air Quality 
Planning Unit, 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 a.m. to 4:30 p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Eric Wortman, Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, EPA Region 1, 5 Post 
Office Square (Mail Code OEP05-2), Boston, MA 02109, (617) 918-1624, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On September 4, 1992, the 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 and to comply with the provisions of part C of title I of the 
CAA. The regulations at 40 CFR part 55 apply 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 the CAA 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 COA. Because the OCS requirements are based on 
onshore requirements, and onshore requirements may change, section 
328(a)(1) requires that the EPA update the OCS requirements as 
necessary to maintain consistency with onshore requirements.
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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 February 12, 2018 (83 FR 5971), the EPA published a Notice of 
Proposed Rulemaking (NPRM) proposing to incorporate various 
Massachusetts air pollution control requirements into 40 CFR part 55. 
Pursuant to 40 CFR 55.12, consistency reviews will occur (1) at least 
annually; (2) upon receipt of a Notice of Intent (NOI) under 40 CFR 
55.4; or (3) when a state or local agency submits a rule to the EPA to 
be considered for incorporation by reference in 40 CFR part 55. This 
action is being taken in response to the submittal of a NOI on December 
11, 2017 by Vineyard Wind, LLC.
    The EPA reviewed the 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 and 
compliance with 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 potentially applicable to OCS sources. See 40 CFR 
55.1. The EPA has also evaluated the rules to ensure they are not 
arbitrary or capricious. See 40 CFR 55.12(e). In addition, the EPA has 
excluded administrative or procedural rules,\2\ 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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    \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 the EPA has not 
delegated authority to implement and enforce part 55, the 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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    Section 328(a) of the CAA requires that the 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, the EPA must 
incorporate applicable onshore rules into 40 CFR part 55 as they exist 
onshore. This limits the EPA's flexibility in deciding which 
requirements will be incorporated into 40 CFR part 55 and prevents the 
EPA from making substantive changes to the requirements it 
incorporates. As a result, the EPA may be incorporating rules into 40 
CFR part 55 that do not conform to all of the EPA's state 
implementation plan (SIP) guidance or certain requirements of the CAA. 
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 CAA for SIP approval, nor does it imply that the rule will be 
approved by the EPA for inclusion in the SIP.
    On March 9, 2018, the Commonwealth of Massachusetts amended certain 
regulatory provisions that pertained to the EPA's February 12, 2018 
proposed rulemaking. On May 9, 2018, the EPA reopened the comment 
period for 30 days and provided notice that the EPA modified the 
proposed regulatory text for incorporation by reference in this action. 
See 83 FR 21254 (May 9, 2018). The EPA also added the March 9, 2018 
amended regulations at 310 CMR 7.00 to the docket as part of reopening 
the comment period to give all interested

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persons the opportunity to comment on the incorporation by reference of 
the amended regulations at 310 CMR 7.00.\3\
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    \3\ The EPA is required to submit a true copy of the 
regulations, attested by the Commonwealth of Massachusetts, to the 
Office of the Federal Register for incorporation by reference in the 
final rule. The EPA obtained a true copy of the amended regulations 
in effect as of March 9, 2018. The Commonwealth of Massachusetts 
State Bookstore bundles 310 CMR 6.00, 310 CMR 7.00, and 310 CMR 8.00 
into a single package for the purpose of attesting a true copy. 
Although the regulations at 310 CMR 6.00 and 310 CMR 8.00 were not 
part of the March 9, 2018 amendments, the EPA updated the effective 
date for 310 CMR 6.00-8.00 in the regulatory text for incorporation 
by reference for consistency with the updated true copy of the 
regulations. The true copy of the regulations for 310 CMR 6.00-8.00 
obtained by the EPA is included in the docket for this action.
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    Other specific requirements of the consistency update and the 
rationale for EPA's proposed action are explained in the February 12, 
2018 NPRM and the May 9, 2018 reopening of comment period document and 
will not be restated here.

II. Response to Comments

    In response to the February 12, 2018 NPRM and the May 9, 2018 
reopening of the comment period, we received a number of anonymous 
comments that address subjects outside the scope of our final action, 
do not explain (or provide a legal basis for) how the final action 
should differ in any way, and make no specific mention of the final 
action, i.e. incorporation by reference of the relevant Commonwealth of 
Massachusetts regulations into 40 CFR part 55. This action is required 
by the CAA and EPA's regulations, based on Vineyard Wind, LLC's NOI. 
Consequently, the comments referenced above are not germane to this 
rulemaking and require no further response.
    The EPA received one relevant comment from the Commonwealth of 
Massachusetts that referred specifically to the proposed rulemaking on 
the consistency update for Massachusetts to the outer continental shelf 
regulations.
    Comment: The commenter indicated that the Massachusetts regulations 
at 310 Code of Massachusetts Regulations (CMR) 7.21: Sulfur Dioxide 
Emissions Limitations and 310 CMR 7.22: Sulfur Dioxide Emissions 
Reductions for the Purpose of Reducing Acid Rain should be removed from 
the Part 55 Consistency Update because those sections were rescinded in 
the Commonwealth's March 9, 2018 amendments to 310 CMR 7.00.
    Response: The EPA agrees with the commenter and has removed 
Sections 7.21 and 7.22 from the regulatory text that includes 
incorporation by reference. Sections 7.21 and 7.22 were inadvertently 
included in the May 9, 2018 reopening of comment period document in 
error and have been removed from the regulatory text that includes 
incorporation by reference in this final action.

III. Final Action

    The EPA is taking final action to incorporate the rules potentially 
applicable to OCS sources for which the Commonwealth of Massachusetts 
will be the COA. The rules that the EPA is taking final action to 
incorporate are applicable provisions of (1) 310 CMR 4.00: Timely 
Action Schedule and Fee Provisions; (2) 310 CMR 6.00: Ambient Air 
Quality Standards for the Commonwealth of Massachusetts; (3) 310 CMR 
7.00: Air Pollution Control; and (4) 310 CMR 8.00: The Prevention and/
or Abatement of Air Pollution Episode and Air Pollution Incident 
Emergencies, as amended through March 9, 2018. The rules that EPA is 
taking final action to incorporate will replace the rules previously 
incorporated into 40 CFR part 55 for Massachusetts. See 75 FR 51950; 
August 24, 2010.

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 the Code 
of Massachusetts 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 through https://www.regulations.gov and 
at the EPA Region 1 Office (please contact the person identified in the 
FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).

V. 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 
pollution control requirements. To comply with this statutory mandate, 
the EPA must incorporate applicable onshore rules into 40 CFR part 55 
as they exist onshore. See 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in 
promulgating OCS consistency updates, the EPA's role is to maintain 
consistency between OCS regulations and the regulations of 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 requirements onshore, without the exercise of any 
policy direction by the 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);
     This action is not an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866;
     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 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 or 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

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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. OMB approved the EPA Information 
Collection Request (ICR) No. 1601.08 on September 18, 2017.\4\ The 
current approval expires September 30, 2020. The annual public 
reporting and recordkeeping burden for collection of information under 
40 CFR part 55 is estimated to average 643 hours per response, using 
the definition of burden provided in 44 U.S.C. 3502(2).
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    \4\ OMB's approval of the ICR can be viewed at www.reginfo.gov.
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    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. The 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 January 14, 2019. 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, Carbon monoxide, Incorporation by reference, 
Intergovernmental relations, Lead, Nitrogen dioxide, Outer continental 
shelf, Ozone, Particulate matter, Permits, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: November 1, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.

    Part 55 of chapter I, title 40 of the Code of Federal Regulations 
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)(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) * * *
    (11) * * *
    (i) * * *
    (A) Commonwealth of Massachusetts Requirements Applicable to OCS 
Sources, March 9, 2018.
* * * * *

0
3. Appendix A to part 55 is amended by revising paragraph (a)(1) under 
the heading ``Massachusetts'' 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, March 9, 2018, 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 
3/24/2017)
Section 4.02: Definitions (Effective 3/24/2017)
Section 4.03: Annual Compliance Assurance Fee (Effective 3/24/2017)
Section 4.04: Permit Application Schedules and Fee (Effective 3/24/
2017)
Section 4.10: Appendix: Schedules for Timely Action and Permit 
Application Fees (Effective 3/24/2017)

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

Section 6.01: Definitions (Effective 3/9/2018)
Section 6.02: Scope (Effective 3/9/2018)
Section 6.03: Reference Conditions (Effective 3/9/2018)
Section 6.04: Standards (Effective 3/9/2018)

310 CMR 7.00: Air Pollution Control

Section 7.00: Statutory Authority; Legend; Preamble; Definitions 
(Effective 3/9/2018)
Section 7.01: General Regulations to Prevent Air Pollution 
(Effective 3/9/2018)
Section 7.02: U Plan Approval and Emission Limitations (Effective 3/
9/2018)
Section 7.03: U Plan Approval Exemptions: Construction Requirements 
(Effective 3/9/2018)
Section 7.04: U Fossil Fuel Utilization Facilities (Effective 3/9/
2018)
Section 7.05: U Fuels All Districts (Effective 3/9/2018)
Section 7.06: U Visible Emissions (Effective 3/9/2018)
Section 7.07: U Open Burning (Effective 3/9/2018)
Section 7.08: U Incinerators (Effective 3/9/2018)
Section 7.09: U Dust, Odor, Construction and Demolition (Effective 
3/9/2018)
Section 7.11: U Transportation Media (Effective 3/9/2018)
Section 7.12: U Source Registration (Effective 3/9/2018)
Section 7.13: U Stack Testing (Effective 3/9/2018)
Section 7.14: U Monitoring Devices and Reports (Effective 3/9/2018)
Section 7.18: U Volatile and Halogenated Organic Compounds 
(Effective 3/9/2018)
Section 7.19: U Reasonably Available Control Technology (RACT) for 
Sources of Oxides of Nitrogen (NOX) (Effective 3/9/2018)
Section 7.24: U Organic Material Storage and Distribution (Effective 
3/9/2018)
Section 7.25: U Best Available Controls for Consumer and Commercial 
Products (Effective 3/9/2018)
Section 7.26: Industry Performance Standards (Effective 3/9/2018)
Section 7.60: U Severability (Effective 3/9/2018)
Section 7.00: Appendix A (Effective 3/9/2018)
Section 7.00: Appendix B (Effective 3/9/2018)
Section 7.00: Appendix C (Effective 3/9/2018)

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

Section 8.01: Introduction (Effective 3/9/2018)
Section 8.02: Definitions (Effective 3/9/2018)
Section 8.03: Air Pollution Episode Criteria (Effective 3/9/2018)
Section 8.04: Air Pollution Episode Potential Advisories (Effective 
3/9/2018)
Section 8.05: Declaration of Air Pollution Episodes and Incidents 
(Effective 3/9/2018)
Section 8.06: Termination of Air Pollution Episodes and Incident 
Emergencies (Effective 3/9/2018)
Section 8.07: Emission Reductions Strategies (Effective 3/9/2018)
Section 8.08: Emission Reduction Plans (Effective 3/9/2018)
Section 8.15: Air Pollution Incident Emergency (Effective 3/9/2018)

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Section 8.30: Severability (Effective 3/9/2018)
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[FR Doc. 2018-24648 Filed 11-9-18; 8:45 am]
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