[Federal Register Volume 84, Number 68 (Tuesday, April 9, 2019)]
[Proposed Rules]
[Pages 14078-14080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06874]



[[Page 14078]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R03-OAR-2014-0568; FRL-9991-92-Region 3]


Outer Continental Shelf Air Regulations; Consistency Update for 
Maryland

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; consistency update.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
update 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 (CAA). 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 State of 
Maryland's requirements discussed in this document are proposed to be 
incorporated by reference into the Code of Federal Regulations and 
listed in the appendix to the OCS air regulations.

DATES: Written comments must be received on or before May 9, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2014-0568 at https://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, 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. 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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Amy Johansen, Office of Permits and 
State Programs (3AP10), Air Protection Division, U.S. Environmental 
Protection Agency, Region 3, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. The telephone number is (215) 814-2156. Ms. 
Johansen can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On September 4, 1992, 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 except 
those located in the Gulf of Mexico west of 87.5 degrees longitude. See 
40 CFR 55.3(a). 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 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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    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 EPA to 
be considered for incorporation by reference in 40 CFR part 55. This 
proposed action is being updated, in accordance with the requirements 
at 40 CFR 55.12, since the last update occurred more than one year ago. 
Public comments received in writing within 30 days of publication of 
this document will be considered by EPA before publishing a final rule.
    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 
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 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 EPA for inclusion in the SIP.

II. EPA Analysis

    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 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. EPA has also evaluated the rules to ensure they are not arbitrary 
or capricious. See 40 CFR 55.12(e). In addition, EPA has excluded 
administrative or procedural rules, and requirements that regulate 
toxics which are not related to the attainment and maintenance of 
Federal and state ambient air quality standards.\2\
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    \2\ Each COA which 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. See 40 CFR 55.14(c)(4).
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    EPA is soliciting public comments on the issues discussed in this 
document or on other relevant matters. These comments will be 
considered before taking final action. Interested parties may 
participate in the Federal rulemaking procedure by submitting written 
comments to the EPA Regional Office listed in the ADDRESSES section of 
this Federal Register.

III. Proposed Action

    EPA is proposing to incorporate the rules potentially applicable to 
sources for which the State of Maryland will be the COA. The rules that 
EPA proposes

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to incorporate are applicable provisions of the Code of Maryland 
Regulations (COMAR). The rules EPA proposes to incorporate are listed 
in detail at the end of the document. The intended effect of proposing 
approval of the OCS requirements for the Maryland Department of the 
Environment (MDE) is to regulate emissions from OCS sources in 
accordance with the requirements for onshore sources.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule, 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the applicable provisions of COMAR set forth below. EPA has 
made, and will continue to make, these materials available through 
www.regulations.gov and at the EPA Region III 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, 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 EPA. For that reason, this proposed 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);
     Is not an Executive Order 13771 regulatory action because 
this action is not significant under Executive Order 12866.
     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 proposed rule incorporating by reference sections 
of COMAR, does not have tribal implications as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000), because this action is 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 preemptive 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. OMB approved the EPA Information Collection Request (ICR) No. 
1601.08 on September 18, 2017.\3\ 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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    \3\ OMB's approval of the ICR can be viewed at www.reginfo.gov.
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    EPA is proposing to incorporate the rules potentially applicable to 
sources for which the State of Maryland will be the COA. The rules that 
EPA proposes to incorporate are applicable provisions of COMAR.

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: March 29, 2019.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

    Part 55 of Chapter I, title 40 of the Code of Federal Regulations 
is proposed to be 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, 
December 06, 2018.
* * * * *
0
3. Appendix A to part 55 is amended by revising paragraph (a)(1) under 
the heading ``Maryland'' 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) * * *
    (1) The following State of Maryland requirements are applicable 
to OCS Sources, December 06, 2018, 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 
December 06, 2018)

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COMAR 26.11.02--Permits, Approvals, and Registrations (Effective as 
of February 12, 2018)
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 02, 2013)
COMAR 26.11.07--Open Fires (Effective as of November 12, 2010)
COMAR 26.11.08--Control of Incinerators (Effective as of December 
06, 2018)
COMAR 26.11.09--Control of Fuel-Burning Equipment, Stationary 
Internal Combustion Engines and Certain Fuel-Burning Installations 
(Effective as of December 06, 2018)
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 April 09, 2018)
COMAR 26.11.19--Volatile Organic Compounds from Specific Processes 
(Effective as of September 28, 2015)
COMAR 26.11.20--Mobile Sources (Effective as of November 12, 2010)
COMAR 26.11.26--Conformity (Effective as of November 12, 2010)
COMAR 26.11.35--Volatile Organic Compounds from Adhesives and 
Sealants (Effective as of November 12, 2010)
COMAR 26.11.36--Distributed Generation (Effective as of February 12, 
2018)
COMAR 26.11.39--Architectural and Industrial Maintenance (AIM) 
Coatings (Effective as of April 2016)
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[FR Doc. 2019-06874 Filed 4-8-19; 8:45 am]
 BILLING CODE 6560-50-P