[Federal Register Volume 84, Number 137 (Wednesday, July 17, 2019)]
[Rules and Regulations]
[Pages 34065-34067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14986]



[[Page 34065]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R03-OAR-2014-0568; FRL-9995-39-Region 3]


Outer Continental Shelf Air Regulations; Consistency Update for 
Maryland

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 (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, and 
listed in the appendix to the Federal OCS air regulations, are approved 
for incorporation into the compilation of state provisions that is 
incorporated by reference.

DATES: This rule is effective on August 16, 2019. The incorporation by 
reference of a certain publication listed in this rule is approved by 
the Director of the Federal Register as of August 16, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0568. 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, e.g., confidential business 
information (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 through 
https://www.regulations.gov, or please contact the person identified in 
the ``For Further Information Contact'' section for additional 
availability information.

FOR FURTHER INFORMATION CONTACT: Mrs. Amy Johansen, Permits Branch 
(3AD10), Air and Radiation Division, U.S. Environmental Protection 
Agency, Region 3, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
The telephone number is (215) 814-2156. Mrs. Johansen can also be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On April 9, 2019 (84 FR 14078), EPA published a Notice of Proposed 
Rulemaking (NPRM) proposing to approve various Maryland air pollution 
control requirements for inclusion in the updated compilation of 
``State of Maryland Requirements Applicable to OCS Sources,'' dated 
December 6, 2018, which is incorporated by reference into 40 CFR part 
55. EPA did not receive any comments on the NPRM.
    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 
action is being taken to update 40 CFR part 55, in accordance with the 
requirements at 40 CFR part 55.12, since the last consistency update 
occurred more than one year ago.
    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.
    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,\1\ and requirements that regulate 
toxics which are not related to the attainment and maintenance of 
Federal and state ambient air quality standards. Other specific 
requirements of the consistency update and the rationale for EPA's 
proposed action are explained in the April 9, 2019 NPRM and will not be 
restated here.
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    \1\ 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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II. Final Action

    EPA is taking final action to incorporate the rules potentially 
applicable to OCS sources for which the State of Maryland will be the 
COA. The rules that EPA is taking final action to incorporate are 
applicable provisions of the Code of Maryland Regulations (COMAR), as 
amended through December 6, 2018. The rules that EPA is taking final 
action to incorporate will replace the rules previously incorporated 
into ``State of Maryland Requirements Applicable to OCS Sources,'' 
dated May 6, 2016, which was incorporated by reference into 40 CFR part 
55. See 81 FR 62393 (September 9, 2016).

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, EPA is finalizing the incorporation by reference of ``State 
of Maryland Requirements Applicable to OCS Sources,'' dated December 6, 
2018, which is the compilation of provisions of the COMAR described in 
the amendments to 40 CFR part 55 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).

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

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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 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 (Public Law 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 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 does 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.\2\ 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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    \2\ 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 September 16, 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).)
    EPA is incorporating the rules potentially applicable to sources 
for which the State of Maryland is the COA. The rules that EPA is 
incorporating 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: June 7, 2019.
Diana Esher,
 Acting Regional Administrator, Region III.

    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)(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 6, 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 6, 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 6, 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 6, 
2018)
COMAR 26.11.09--Control of Fuel-Burning Equipment, Stationary 
Internal Combustion Engines and Certain Fuel-Burning Installations 
(Effective as of December 6, 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)
* * * * *
[FR Doc. 2019-14986 Filed 7-16-19; 8:45 am]
 BILLING CODE 6560-50-P