[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Proposed Rules]
[Pages 66509-66512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25004]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[EPA-R01-OAR-2021-0790; FRL-9265-01-R1]
Outer Continental Shelf Air Regulations; Consistency Update for
Massachusetts
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). 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 intended effect of approving requirements of the
Massachusetts
[[Page 66510]]
Department of Environmental Protection is to regulate emissions from
OCS sources in accordance with the requirements for onshore sources.
The Commonwealth of Massachusetts' 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 December 23,
2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2021-0790 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, 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 https://www.epa.gov/dockets/commenting-epa-dockets. Publicly
available docket materials are available at https://www.regulations.gov
or at the U.S. Environmental Protection Agency, EPA Region 1 Regional
Office, Air & Radiation Division, 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 and facility closures due to COVID-19.
FOR FURTHER INFORMATION CONTACT: Eric Wortman, Air and Radiation
Division, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square (Mail Code 05-2), 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. EPA's Evaluation
III. Proposed 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
Clean Air Act (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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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
proposed action is being taken in response to the submittal of a NOI on
September 9, 2021 by Sunrise Wind, LLC. Public comments received in
writing within 30 days of publication of this document will be
considered by the EPA before publishing a final rule.
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.
II. EPA's Evaluation
In updating 40 CFR part 55, 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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The 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 New England Region Office listed in the ADDRESSES
section of this Federal Register.
III. Proposed Action
EPA last completed a consistency update for Massachusetts on
November 13, 2018 (83 FR 56259). In that action, EPA incorporated by
reference into 40 CFR 55 all Massachusetts regulations that EPA
believed were relevant to the
[[Page 66511]]
OCS requirements. For this action, EPA has reviewed changes that
Massachusetts has made to its underlying regulatory programs since the
last consistency update for Massachusetts. This action will have no
effect on the provisions of 310 CMR 8.00 that were not subject to
changes by Massachusetts and were also previously incorporated by
reference into part 55 through EPA's November 13, 2018 rulemaking.
The EPA is proposing to incorporate the rules potentially
applicable to sources for which the Commonwealth of Massachusetts will
be the COA. The rules that the EPA proposes to incorporate are
applicable provisions of (1) 310 Code of Massachusetts Regulations
(CMR) 4.00: Timely Action Schedule and Fee Provisions; (2) 310 CMR
6.00: Ambient Air Quality Standards for the Commonwealth of
Massachusetts; and (3) 310 CMR 7.00: Air Pollution Control as amended
through March 5, 2021. The rules that EPA proposes to incorporate in
this action will replace the provisions of 310 CMR 4.00, 310 CMR 6.00,
and 310 CMR 7.00 that were previously incorporated into 40 CFR part 55
for Massachusetts. See 83 FR 56259; November 13, 2018.
With respect to the Air Pollution Control regulations at 310 CMR
7.00, Massachusetts is divided into six regions known as air pollution
control districts, three of which (Merrimack Valley, Metropolitan
Boston, and Southeastern Massachusetts) are coastal.\3\ Many of the
specific provisions of the Air Pollution Control regulations are
limited to certain air pollution control districts, or apply
differently in different air pollution control districts.
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\3\ These districts are not associated with separate air
pollution control agencies; they are purely conceptual.
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In interpreting such provisions as they are incorporated into 40
CFR part 55, the EPA proposes to treat any existing or proposed OCS
source as if it were located in the specific air pollution control
district that is geographically closest to the source. The EPA is
relying on this interpretation for purposes of this action. If the EPA
does not receive comments to the contrary from any party during the
public comment period, the interpretation stated above will represent
the EPA's formal interpretations of the provisions incorporated into 40
CFR part 55 for the purposes of federal law.
The interpretation discussed above is consistent with the
interpretation of the Commonwealth of Massachusetts regulations in
prior Agency actions for the purpose of consistency updates under 40
CFR part 55. See 83 FR 5971 (February 12, 2018) and 73 FR 10406
(February 27, 2008).
IV. Incorporation by Reference
In this rule, the 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, the EPA is proposing to
incorporate by reference the Code of Massachusetts Regulations rules
set forth below. The EPA has made, and will continue to make, these
materials available through www.regulations.gov and at the EPA Region 1
Regional 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);
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 the 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.
This action does not impose any new information collection burden
under the Paperwork Reduction Act. See 44 U.S.C 3501. The Office of
Management and Budget (OMB) has previously approved the information
collection activities contained in the existing regulation at 40 CFR
part 55 and, by extension, this update to part 55, and has assigned OMB
control number 2060-0249.\4\ This action does not impose a new
information burden under the Paperwork Reduction Act because this
action only updates the state rules that are incorporated by reference
into 40 CFR part 55, Appendix A.
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\4\ OMB's approval of the ICR can be viewed at www.reginfo.gov.
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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.
[[Page 66512]]
Dated: November 10, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
Therefore, for the reasons stated in the preamble, EPA proposes to
amend 40 CFR chapter 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 5, 2021.
* * * * *
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 5, 2021, 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
5/1/2020)
Section 4.02: Definitions (Effective 5/1/2020)
Section 4.03: Annual Compliance Assurance Fee (Effective 5/1/2020)
Section 4.04: Permit Application Schedules and Fee (Effective 5/1/
2020)
Section 4.10: Appendix: Schedules for Timely Action and Permit
Application Fees (Effective 5/1/2020)
310 CMR 6.00: Ambient Air Quality Standards for the Commonwealth of
Massachusetts
Section 6.01: Definitions (Effective 6/14/2019)
Section 6.02: Scope (Effective 6/14/2019)
Section 6.03: Reference Conditions (Effective 6/14/2019)
Section 6.04: Standards (Effective 6/14/2019)
310 CMR 7.00: Air Pollution Control
Section 7.00: Statutory Authority; Legend; Preamble; Definitions
(Effective 3/5/2021)
Section 7.01: General Regulations to Prevent Air Pollution
(Effective 3/5/2021)
Section 7.02: U Plan Approval and Emission Limitations (Effective 3/
5/2021)
Section 7.03: U Plan Approval Exemptions: Construction Requirements
(Effective 3/5/2021)
Section 7.04: U Fossil Fuel Utilization Facilities (Effective 3/5/
2021)
Section 7.05: U Fuels All Districts (Effective 3/5/2021)
Section 7.06: U Visible Emissions (Effective 3/5/2021)
Section 7.07: U Open Burning (Effective 3/5/2021)
Section 7.08: U Incinerators (Effective 3/5/2021)
Section 7.09: U Dust, Odor, Construction and Demolition (Effective
3/5/2021)
Section 7.11: U Transportation Media (Effective 3/5/2021)
Section 7.12: U Source Registration (Effective 3/5/2021)
Section 7.13: U Stack Testing (Effective 3/5/2021)
Section 7.14: U Monitoring Devices and Reports (Effective 3/5/2021)
Section 7.18: U Volatile and Halogenated Organic Compounds
(Effective 3/5/2021)
Section 7.19: U Reasonably Available Control Technology (RACT) for
Sources of Oxides of Nitrogen (NOX) (Effective 3/5/2021)
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 3/5/2021)
Section 7.26: Industry Performance Standards (Effective 3/5/2021)
Section 7.60: U Severability (Effective 3/5/2021)
7.70: Massachusetts CO Budget Trading Program (Effective 3/5/2021)
7.71: Reporting of Greenhouse Gas Emissions (Effective 3/5/2021)
7.72: Reducing Sulfur Hexafluoride Emissions from Gas-insulated
Switchgear (Effective 3/5/2021)
Section 7.00: Appendix A (Effective 3/5/2021)
Section 7.00: Appendix B (Effective 3/5/2021)
Section 7.00: Appendix C (Effective 3/5/2021)
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)
Section 8.30: Severability (Effective 3/9/2018)
(2) [Reserved]
* * * * *
[FR Doc. 2021-25004 Filed 11-22-21; 8:45 am]
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