Outer Continental Shelf Air Regulations Consistency Update for Massachusetts, 10406-10411 [E8-3614]
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Federal Register / Vol. 73, No. 39 / Wednesday, February 27, 2008 / Proposed Rules
proposed regulation. The Department
proposed the class exemption on its
own motion pursuant to section 408(a)
of ERISA, and in accordance with the
procedures set forth in 29 CFR part
2570, subpart B (55 FR 32836, August
10, 1990).
In the notice of proposed exemption,
the Department invited interested
persons to submit written comments on
or before February 11, 2008. The
Department has received separate
written comments on the proposed
exemption, in addition to those
comments made as part of information
received from the public on the
proposed regulation.
In view of the importance of these
initiatives and their potential for
significantly affecting the provision of
services to employee benefit plans, the
Department has decided to hold a
public hearing. The primary purpose of
this hearing is to further develop the
public record regarding the regulation
and the class exemption and to assist
the Department to understand the issues
involved. The hearing will be held on
March 20, 2008, and March 21, if
necessary, beginning at 9 a.m. and
ending at 5 p.m., EST, in Room S–4215
A–C of the Department of Labor, Francis
Perkins Building, at 200 Constitution
Avenue, NW., Washington, DC 20210.
Persons interested in presenting
testimony and answering questions at
this public hearing must submit, by 3:30
p.m., EST, March 10, 2008, the
following information: (1) A written
request to be heard; and (2) An outline
of the topics to be discussed, indicating
the time allocated to each topic. To
facilitate the receipt and processing of
responses, EBSA encourages interested
persons to submit their requests and
outlines electronically by e-mail to eORI@dol.gov. Persons submitting
requests and outlines electronically are
encouraged not to submit paper copies.
Persons submitting requests and
outlines on paper should send or deliver
their requests and outlines (preferably at
least three copies) to the Office of
Regulations and Interpretations,
Employee Benefits Security
Administration, Attn: 408(b)(2) Hearing,
Rooms N–5655, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210. All requests and
outlines submitted to the Department
will be available to the public, without
charge, online at https://www.dol.gov/
ebsa and at the Public Disclosure Room,
N–1513, Employee Benefits Security
Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210.
The Department will prepare an
agenda indicating the order of
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presentation of oral comments and
testimony. In the absence of special
circumstances, each presenter will be
allotted ten (10) minutes in which to
complete his or her presentation.
Any individuals with disabilities who
may need special accommodations
should notify Fil Williams on or before
March 10, 2008.
Information about the agenda will be
posted on https://www.dol.gov/ebsa on
or after March 10, 2008, or may be
obtained by contacting Fil Williams,
Office of Regulations and
Interpretations, Employee Benefits
Security Administration, U.S.
Department of Labor, telephone (202)
693–8510 (this is not a toll-free
number).
Those individuals who make oral
comments and testimonies at the
hearing should be prepared to answer
questions regarding their information
and/or comments. The hearing will be
transcribed.
Notice of Public Hearing
Notice is hereby given that a public
hearing will be held on March 20, 2008,
and March 21, if necessary, concerning
the Department’s proposed regulation
under section 408(b)(2) of ERISA and
the related proposed class exemption.
The hearing will be held beginning at 9
a.m. in Room S–4215 A–C of the U.S.
Department of Labor, Francis Perkins
Building, 200 Constitution Avenue,
NW., Washington, DC 20210.
Signed at Washington, DC, this 21st day of
February 2008.
Bradford P. Campbell,
Assistant Secretary, Employee Benefits
Security Administration, U.S. Department of
Labor.
[FR Doc. E8–3601 Filed 2–26–08; 8:45 am]
BILLING CODE 4510–29–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 55
[EPA–R01–OAR–2008–0112; A–1–FRL–
8533–7]
Outer Continental Shelf Air
Regulations Consistency Update for
Massachusetts
Environmental Protection
Agency (EPA).
ACTION: Proposed rule-consistency
update.
AGENCY:
SUMMARY: 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
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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 Act’’). The portion
of the OCS air regulations that is being
updated pertains to the requirements for
OCS sources in the Commonwealth of
Massachusetts. The intended effect of
approving the OCS requirements for the
Commonwealth of Massachusetts is to
regulate emissions from OCS sources in
accordance with the requirements
onshore. The change to the existing
requirements discussed below is
proposed to be incorporated by
reference into the Code of Federal
Regulations and is listed in the
appendix to the OCS air regulations.
DATES: Written comments must be
received on or before March 28, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R01–OAR–2008–0112 by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. E-mail: mcdonnell.ida@epa.gov.
3. Fax: (617) 918–0653.
4. Mail: ‘‘Docket Identification
Number EPA–R01–OAR–2008–0112’’,
Ida McDonnell, U.S. Environmental
Protection Agency, EPA New England
Regional Office, One Congress Street,
Suite 1100 (mail code CAP), Boston, MA
02114–2023.
5. Hand Delivery or Courier: Deliver
your comments to: Ida McDonnell, Air
Permits, Toxics and Indoor Air Unit,
Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, One
Congress Street, 11th floor, (CAP),
Boston, MA 02114–2023. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding legal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R01–OAR–2008–
0112. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov, or e-mail,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
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‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. 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 either
electronically in www.regulations.gov or
in hard copy at Office of Ecosystem
Protection, U.S. Environmental
Protection Agency, EPA New England
Regional Office, One Congress Street,
Suite 1100, 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 to 4:30,
excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Ida
E. McDonnell, Air Permits, Toxics and
Indoor Air Unit, U.S. Environmental
Protection Agency, EPA New England
Regional Office, One Congress Street,
Suite 1100 (CAP), Boston, MA 02114–
2023, telephone number (617) 918–
1653, fax number (617) 918–0653,
e-mail mcdonnell.ida@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. Background and Purpose
II. EPA’s Evaluation
III. Proposed Action
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IV. Statutory and Executive Order Reviews
I. Background and Purpose
On September 4, 1992, EPA
promulgated 40 CFR part 55,1 which
established requirements to control air
pollution from Outer Continental Shelf
(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
Act. Part 55 applies 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 Act 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 corresponding onshore area (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 § 55.12 of the OCS rule,
consistency reviews will occur (1) at
least annually; (2) upon receipt of a
Notice of Intent under § 55.4; or (3)
when a state or local agency submits a
rule to EPA to be considered for
incorporation by reference in part 55.
This proposed action is being taken in
response to the submittal of a Notice of
Intent on December 7, 2007 by Cape
Wind Associates, LLC of Boston,
Massachusetts. 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 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 onshore
requirements. To comply with this
statutory mandate, EPA must
incorporate applicable onshore rules
into part 55 as they exist onshore. This
limits EPA’s flexibility in deciding
which requirements will be
incorporated into part 55 and prevents
EPA from making substantive changes
to the requirements it incorporates. As
a result, EPA may be incorporating rules
into part 55 that do not conform to all
of EPA’s state implementation plan
(‘‘SIP’’) guidance or certain
requirements of the Act.
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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Consistency updates may result in the
inclusion of state or local rules or
regulations into 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
In updating 40 CFR part 55, EPA
reviewed the state rules for inclusion in
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 Act,
that they are not designed expressly to
prevent exploration and development of
the OCS and that they are applicable to
OCS sources. 40 CFR 55.1. EPA has also
evaluated the rules to ensure they are
not arbitrary or capricious. 40 CFR
55.12(e). In addition, 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.
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 Regional Office listed in the
ADDRESSES section of this Federal
Register.
III. Proposed Action
EPA is proposing to incorporate the
rules applicable to sources for which the
Commonwealth of Massachusetts will
be the COA. The rules that EPA
proposes to incorporate are applicable
provisions of 310 Code of Massachusetts
Regulations (CMR) 4.00: Timely Action
Schedule and Fee Provisions, 310 CMR
6.00: Ambient Air Quality Standards for
the Commonwealth of Massachusetts,
310 CMR 7.00: Air Pollution Control,
and 310 CMR 8:00: The Prevention and/
or Abatement of Air Pollution Episode
and Air Pollution Incident Emergencies.
With respect to the Air Pollution
Control regulations at 310 CMR 7.00,
Massachusetts is divided into six
regions known as air pollution control
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 EPA
has not delegated authority to implement and
enforce part 55, as in Massachusetts, 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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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.
In interpreting such provisions as
they are incorporated into part 55, 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 that source. EPA is relying on
this interpretation for purposes of this
action. If EPA does not receive
comments to the contrary from any
party during the public comment
period, the interpretation stated above
will represent EPA’s formal
interpretations of the provisions
incorporated into part 55 for purposes of
federal law.
With respect to the Prevention and/or
Abatement of Air Pollution Episode and
Air Pollution Incident Emergencies
regulations at 310 CMR 8.00, EPA
proposes to rely on the Massachusetts
Department of Environmental
Protection’s evaluation, declaration, and
notice of an Air Pollution Episode or
Incident Emergency applicable to the
point on land nearest to an OCS source.
Specifically, in interpreting the
Massachusetts Prevention and/or
Abatement of Air Pollution Episode and
Air Pollution Incident Emergencies
regulations as they are incorporated into
part 55, EPA proposes to treat any
existing or proposed OCS source as if it
were located at the point on land that
is geographically closest to that source.
The restrictions that the Department of
Environmental Protection applies to onshore sources on that point of land
pursuant to these regulations would
then apply to the OCS source as if it
were located on that point of land. EPA
is relying on this interpretation for
purposes of this action. If EPA does not
receive comments to the contrary from
any party during the public comment
period, the interpretation stated above
will represent EPA’s formal
interpretations of the provisions
incorporated into part 55 for purposes of
federal law.
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IV. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735 (October 4, 1993)), the Agency
3 These districts are not associated with separate
air pollution control agencies; they are purely
conceptual.
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must determine whether the regulatory
action is ‘‘significant’’ and therefore
subject to Office of Management and
Budget (‘‘OMB’’) review and the
requirements of the Executive Order.
The Order defines ‘‘significant
regulatory action’’ as one that is likely
to result in a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 and is therefore
not subject to OMB Review. These rules
implement requirements specifically
and explicitly set forth by the Congress
in section 328 of the Clean Air Act,
without the exercise of any policy
discretion by EPA. These OCS rules
already apply in the COA, and EPA has
no evidence to suggest that these OCS
rules have created an adverse material
effect. As required by section 328 of the
Clean Air Act, this action simply
updates the existing OCS requirements
to make them consistent with rules in
the COA.
B. Paperwork Reduction Act
The OMB has approved the
information collection requirements
contained in 40 CFR part 55, and by
extension this update to the rules, under
the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.
and has assigned OMB control number
2060–0249. Notice of OMB’s approval of
EPA Information Collection Request
(‘‘ICR’’) No. 1601.06 was published in
the Federal Register on March 1, 2006
(71 FR 10499–10500). The approval
expires January 31, 2009. As EPA
previously indicated (70 FR 65897–
65898 (November 1, 2005)), the annual
public reporting and recordkeeping
burden for collection of information
under 40 CFR part 55 is estimated to
average 549 hours per response. Burden
means the total time, effort, or financial
resources expended by persons to
generate, maintain, retain, or disclose or
provide information to or for a Federal
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agency. This includes the time needed
to review instructions; develop, acquire,
install, and utilize technology and
systems for the purposes of collecting,
validating, and verifying information,
processing and maintaining
information, and disclosing and
providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
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. The OMB control
numbers for EPA’s regulations in 40
CFR are listed in 40 CFR part 9 and are
identified on the form and/or
instrument, if applicable. In addition,
EPA is amending the table in 40 CFR
part 9 of currently approved OMB
control numbers for various regulations
to list the regulatory citations for the
information requirements contained in
this final rule.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to conduct
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements unless the
agency certifies that the rule will not
have a significant economic impact on
a substantial number of small entities.
Small entities include small businesses,
small not-for-profit enterprises, and
small governmental jurisdictions.
These rules will not have a significant
economic impact on a substantial
number of small entities. These rules
implement requirements specifically
and explicitly set forth by the Congress
in section 328 of the Clean Air Act,
without the exercise of any policy
discretion by EPA. These OCS rules
already apply in the COA, and EPA has
no evidence to suggest that these OCS
rules have had a significant economic
impact on a substantial number of small
entities. As required by section 328 of
the Clean Air Act, this action simply
updates the existing OCS requirements
to make them consistent with rules in
the COA. Therefore, this action will not
have a significant economic impact on
a substantial number of small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (‘‘UMRA’’), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
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their regulatory actions on State, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures to State, local,
and tribal governments, in the aggregate,
or to the private sector, of $100 million
or more in any one year.
Before promulgating an EPA rule for
which a written statement is needed,
section 205 of the UMRA generally
requires EPA to identify and consider a
reasonable number of regulatory
alternatives and adopt the least costly,
most cost-effective or least burdensome
alternative that achieves the objectives
of the rule. The provisions of section
205 do not apply when they are
inconsistent with applicable law.
Moreover, section 205 allows EPA to
adopt an alternative other than the least
costly, most cost-effective or least
burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted.
Before EPA establishes any regulatory
requirements that may significantly or
uniquely affect small governments,
including tribal governments, it must
have developed under section 203 of the
UMRA a small government agency plan.
The plan must provide for notifying
potentially affected small governments,
enabling officials of affected small
governments to have meaningful and
timely input in the development of EPA
regulatory proposals with significant
Federal intergovernmental mandates,
and informing, educating, and advising
small governments on compliance with
the regulatory requirements.
This document contains no Federal
mandates (under the regulatory
provisions of Title II of the UMRA) for
State, local, or tribal governments or the
private sector that may result in
expenditures of $100 million or more
for State, local, or tribal governments, in
the aggregate, or to the private sector in
any one year. This action would
implement requirements specifically
and explicitly set forth by the Congress
in section 328 of the Clean Air Act
without the exercise of any policy
discretion by EPA. The OCS rules
already apply in the COA, and EPA has
no evidence to suggest that applying
them in the OCS would result in
expenditures to State, local, and tribal
governments, in the aggregate, or to the
private sector, of $100 million or more
in any one year. As required by section
328 of the Clean Air Act, this action
simply updates the existing OCS
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requirements to make them consistent
with rules in the COA.
E. Executive Order 13132, Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255 (August 10,
1999)), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’
This proposed rule does not have
federalism implications. It will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. These rules
implement requirements specifically
and explicitly set forth by the Congress
in section 328 of the Clean Air Act,
without the exercise of any policy
discretion by EPA. As required by
section 328 of the Clean Air Act, this
rule simply updates the existing OCS
rules to make them consistent with
current COA requirements. These rules
do not amend the existing provisions
within 40 CFR part 55 enabling
delegation of OCS regulations to a COA,
and this rule does not require the COA
to implement the OCS rules. Thus,
Executive Order 13132 does not apply
to this rule.
In the spirit of Executive Order 13132,
and consistent with EPA policy to
promote communications between EPA
and State and local governments, EPA
specifically solicits comments on this
proposed rule from State and local
officials.
F. Executive Order 13175, Coordination
With Indian Tribal Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ This rule 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
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10409
Federal Government and Indian tribes
and thus does not have ‘‘tribal
implications,’’ within the meaning of
Executive Order 13175. This rule
implements requirements specifically
and explicitly set forth by the Congress
in section 328 of the Clean Air Act,
without the exercise of any policy
discretion by EPA. As required by
section 328 of the Clean Air Act, this
rule simply updates the existing OCS
rules to make them consistent with
current COA requirements. In addition,
this rule does not impose substantial
direct compliance costs on tribal
governments, nor preempt tribal law.
Consultation with Indian tribes is
therefore not required under Executive
Order 13175. Nonetheless, in the spirit
of Executive Order 13175 and consistent
with EPA policy to promote
communications between EPA and
tribes, EPA specifically solicits
comments on this proposed rule from
tribal officials.
G. Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks
Executive Order 13045: ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885
(April 23, 1997)), applies to any rule
that: (1) Is determined to be
‘‘economically significant’’ as defined
under Executive Order 12866, and (2)
concerns an environmental health or
safety risk that EPA has reason to
believe may have a disproportionate
effect on children. If the regulatory
action meets both criteria, the Agency
must evaluate the environmental health
or safety effects of the planned rule on
children, and explain why the planned
regulation is preferable to other
potentially effective and reasonably
feasible alternatives considered by the
Agency.
This proposed rule is not subject to
Executive Order 13045 because it is not
economically significant as defined in
Executive Order 12866. In addition, the
Agency does not have reason to believe
the environmental health or safety risks
addressed by this action present a
disproportional risk to children.
H. Executive Order 13211, Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This proposed rule is not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not a significant
regulatory action under Executive Order
12866.
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Federal Register / Vol. 73, No. 39 / Wednesday, February 27, 2008 / Proposed Rules
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary
consensus standards in its regulatory
activities unless to do so would be
inconsistent with applicable laws or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. The NTTAA directs
EPA to provide Congress, through OMB,
explanations when the Agency decided
not to use available and applicable
voluntary consensus standards.
As discussed above, these rules
implement requirements specifically
and explicitly set forth by the Congress
in section 328 of the Clean Air Act,
without the exercise of any policy
discretion by EPA. As required by
section 328 of the Clean Air Act, this
rule simply updates the existing OCS
rules to make them consistent with
current COA requirements. In the
absence of a prior existing requirement
for the state to use voluntary consensus
standards and in light of the fact that
EPA is required to make the OCS rules
consistent with current COA
requirements, it would be inconsistent
with applicable law for EPA to use
voluntary consensus standards in this
action. Therefore, EPA is not
considering the use of any voluntary
consensus standards. EPA welcomes
comments on this aspect of the
proposed rulemaking and, specifically,
invites the public to identify
potentially-applicable voluntary
consensus standards and to explain why
such standards should be used in this
regulation.
ebenthall on PRODPC61 with PROPOSALS
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629
(Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States. EPA
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lacks the discretionary authority to
address environmental justice in this
proposed action. This rule implements
requirements specifically and explicitly
set forth by the Congress in section 328
of the Clean Air Act, without the
exercise of any policy discretion by
EPA. As required by section 328 of the
Clean Air Act, this rule simply updates
the existing OCS rules to make them
consistent with current COA
requirements.
Although EPA lacks authority to
modify today’s regulatory decision on
the basis of environmental justice
considerations, EPA nevertheless
explored this issue and found the
following. This action, namely,
updating the OCS rules to make them
consistent with current COA
requirements, will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it increases the level of
environmental protection for all affected
populations without having any
disproportionately high and adverse
human health or environmental effects
on any population, including any
minority or low-income population.
Environmental justice considerations
may be appropriate to consider in the
context of a specific OCS permit
application.
List of Subjects in 40 CFR Part 55
Environmental protection,
Administrative practice and procedure,
Air pollution control, Continental Shelf,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: February 19, 2008.
Robert W. Varney,
Regional Administrator, EPA New England.
For the reasons stated in the
preamble, title 40, chapter I of the Code
of Federal Regulations, is proposed to be
amended as follows:
PART 55—[AMENDED]
1. The authority citation for part 55
continues to read as follows:
Authority: Section 328 of the Act (42
U.S.C. 7401, et seq.) as amended by Public
Law 101–549.
2. Section 55.14 is amended as
follows:
a. By adding paragraph (d)(11).
b. In paragraph (e) introductory text
by adding a new address after the words
‘‘regional offices:’’.
c. By adding paragraph (e)(11).
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§ 55.14 Requirements that apply to OCS
sources located within 25 miles of States’
seaward boundaries, by State.
*
*
*
*
*
(d) * * *
(11) Massachusetts.
(i) 40 CFR part 52, subpart W.
(ii) [Reserved]
*
*
*
*
*
(e) * * * U.S. EPA, Region 1
(Massachusetts) One Congress Street,
Boston, MA 02114–2023 * * *
*
*
*
*
*
(11) Massachusetts.
(i) State requirements.
(A) Commonwealth of Massachusetts
Requirements Applicable to OCS
Sources, December 28, 2007.
(B) [Reserved]
(ii) Local requirements.
(A) [Reserved]
*
*
*
*
*
3. Appendix A to part 55 is amended
by adding an entry for Massachusetts in
alphabetical order 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) State requirements.
(1) The following Commonwealth of
Massachusetts requirements are applicable to
OCS Sources, December 28, 2007,
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 10/19/2007)
Section 4.02: Definitions (Effective 10/19/
2007)
Section 4.03: Annual Compliance Assurance
Fee (Effective 10/19/2007)
310 CMR 6.00: Ambient Air Quality
Standards for the Commonwealth of
Massachusetts
Section 6.01: Definitions (Effective 12/28/
2007)
Section 6.02: Scope (Effective 12/28/2007)
Section 6.03: Reference Conditions (Effective
12/28/2007)
Section 6.04: Standards (Effective 12/28/
2007)
310 CMR 7.00: Air Pollution Control
Section 7.00: Statutory Authority; Legend;
Preamble; Definitions (Effective 12/28/
2007)
Section 7.01: General Regulations to Prevent
Air Pollution (Effective 12/28/2007)
Section 7.02: U Plan Approval and Emission
Limitations (Effective 12/28/2007)
Section 7.03: U Plan Approval Exemptions:
Construction Requirements (Effective 12/
28/2007)
Section 7.04: U Fossil Fuel Utilization
Facilities (Effective 12/28/2007)
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Section 7.05: U Fuels All Districts (Effective
12/28/2007)
Section 7.06: U Visible Emissions (Effective
12/28/2007)
Section 7.07: U Open Burning (Effective 12/
28/2007)
Section 7.08: U Incinerators (Effective 12/28/
2007)
Section 7.09: U Dust, Odor, Construction and
Demolition (Effective 12/28/2007)
Section 7.11: U Transportation Media
(Effective 12/28/2007)
Section 7.12: U Source Registration (Effective
12/28/2007)
Section 7.13: U Stack Testing (Effective 12/
28/2007)
Section 7.14: U Monitoring Devices and
Reports (Effective 12/28/2007)
Section 7.15: U Asbestos (Effective 12/28/
2007)
Section 7.18: U Volatile and Halogenated
Organic Compounds (Effective 12/28/
2007)
Section 7.19: U Reasonably Available Control
Technology (RACT) for Sources of
Oxides of Nitrogen (NOX) (Effective 12/
28/2007)
Section 7.21: Sulfur Dioxide Emissions
Limitations (Effective 12/28/2007)
Section 7.22: Sulfur Dioxide Emissions
Reductions for the Purpose of Reducing
Acid Rain (Effective 12/28/2007)
Section 7.24: U Organic Material Storage and
Distribution (Effective 12/28/2007)
Section 7.25: U Best Available Controls for
Consumer and Commercial Products
(Effective 12/28/2007)
Section 7.26: Industry Performance
Standards (Effective 12/28/2007)
Section 7.27: NOX Allowance Program
(Effective 12/28/2007)
Section 7.28: NOX Allowance Trading
Program (Effective 12/28/2007)
Section 7.29: Emissions Standards for Power
Plants (Effective 12/28/2007)
Section 7.60: U Severability (Effective 12/28/
2007)
Section 7.00: Appendix A (Effective 12/28/
2007)
Section 7.00: Appendix B (Effective 12/28/
2007)
Section 7.00: Appendix C (Effective 12/28/
2007)
310 CMR 8.00: The Prevention and/or
Abatement of Air Pollution Episode and Air
Pollution Incident Emergencies
Section 8.01: Introduction (Effective 12/28/
2007)
Section 8.02: Definitions (Effective 12/28/
2007)
Section 8.03: Air Pollution Episode Criteria
(Effective 12/28/2007)
Section 8.04: Air Pollution Episode Potential
Advisories (Effective 12/28/2007)
Section 8.05: Declaration of Air Pollution
Episodes and Incidents (Effective 12/28/
2007)
Section 8.06: Termination of Air Pollution
Episodes and Incident Emergencies
(Effective 12/28/2007)
Section 8.07: Emission Reductions Strategies
(Effective 12/28/2007)
Section 8.08: Emission Reduction Plans
(Effective 12/28/2007)
Section 8.15: Air Pollution Incident
Emergency (Effective 12/28/2007)
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Section 8.30: Severability (Effective 12/28/
2007)
(2) [Reserved]
FEDERAL COMMUNICATIONS
COMMISSION
*
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47 CFR Part 76
*
*
*
*
[FR Doc. E8–3614 Filed 2–26–08; 8:45 am]
[MB Docket No. 92–264; FCC 07–219]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 97
[EPA–HQ–OAR–2003–0053; FRL–8534–2]
Clean Air Interstate Rule: Notice of the
Filing of Petition for Administrative
Review
Environmental Protection
Agency (EPA).
AGENCY:
Notice of the filing of petition
for administrative review.
ACTION:
SUMMARY: On November, 26 2007,
Nelson Industrial Steam Company
(NISCO) filed a petition requesting that
the Environmental Appeals Board
review the Clean Air Interstate Rule
(CAIR) applicability determination
made on October 22, 2007. In the
applicability determination, EPA
concluded that NISCO’s Nelson Units 1
and 2 are CAIR SO2, NOX, and NOX
ozone season units because they meet
the criteria for being such CAIR units
under regulations of the EPAadministered CAIR trading programs.
In the
applicability determination, EPA
concluded that NISCO’s Nelson Units 1
and 2 are CAIR SO2, NOX, and NOX
ozone season units because they meet
the criteria for being such CAIR units
under 40 CFR 97.104, 97.204, and
97.304 of the EPA-administered CAIR
trading programs. This appeal was filed
under 40 CFR part 78. Motions for leave
to intervene in the proceeding under 40
CFR 78.11 must be filed by March 28,
2008 with the Environmental Appeals
Board.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Ragan Tate, Attorney-Advisor, Office of
General Counsel (2344A), U.S.
Environmental Protection Agency, Ariel
Rios Building—North, 1200
Pennsylvania Ave., NW., Washington,
DC 20460 at (202) 343–9883 or (214)
665–8020.
Dated: February 21, 2008.
Elizabeth Craig,
Acting Principal Deputy Assistant
Administrator, Office of Air and Radiation.
[FR Doc. E8–3694 Filed 2–26–08; 8:45 am]
BILLING CODE 6560–50–P
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The Commission’s Cable Horizontal
and Vertical Ownership Limits
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
SUMMARY: This document proposes
changes to the cable and broadcast
attribution rules. The cable attribution
rules seek to identify those corporate,
financial, partnership, ownership, and
other business relationships that confer
on their holders a degree of ownership
or other economic interest, or influence
or control over an entity engaged in the
provision of communications services
such that the holders should be subject
to the Commission’s regulation. The
broadcast attribution rules define which
financial or other interests in a licensee
must be counted in applying the
broadcast ownership rules, and seek to
identify ‘‘those interests in or
relationships to licensees that confer on
their holders a degree of influence or
control such that the holders have a
realistic potential to affect the
programming decisions of licensees or
other core operating functions.’’ This
document further proposes changes to
the rules and regulations establishing
reasonable limits on the number of
channels on a cable system that can be
occupied by a video programmer in
which a cable operator has an
attributable interest.
DATES: Comments are due on or before
March 28, 2008. Reply comments are
due on or before April 14, 2008.
ADDRESSES: You may submit comments,
identified by MB Docket No. 92–264;
FCC 07–219, by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web Site: https://
www.fcc.gov/cgb/ecfs/. Follow the
instructions for submitting comments.
• Mail: 445 12th Street, SW.,
Washington, DC 20554, with a copy to
the Commission’s duplicating
contractor, Best Copy and Printing, Inc.,
Portals II, 445 12th Street, SW., Room
CY–B402, Washington, DC 20554.
• People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by e-mail: FCC504@fcc.gov
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Agencies
[Federal Register Volume 73, Number 39 (Wednesday, February 27, 2008)]
[Proposed Rules]
[Pages 10406-10411]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3614]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[EPA-R01-OAR-2008-0112; A-1-FRL-8533-7]
Outer Continental Shelf Air Regulations Consistency Update for
Massachusetts
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule-consistency update.
-----------------------------------------------------------------------
SUMMARY: 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 section 328(a)(1)
of the Clean Air Act (``the Act''). The portion of the OCS air
regulations that is being updated pertains to the requirements for OCS
sources in the Commonwealth of Massachusetts. The intended effect of
approving the OCS requirements for the Commonwealth of Massachusetts is
to regulate emissions from OCS sources in accordance with the
requirements onshore. The change to the existing requirements discussed
below is proposed to be incorporated by reference into the Code of
Federal Regulations and is listed in the appendix to the OCS air
regulations.
DATES: Written comments must be received on or before March 28, 2008.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2008-0112 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: mcdonnell.ida@epa.gov.
3. Fax: (617) 918-0653.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2008-0112'',
Ida McDonnell, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, Suite 1100 (mail code CAP),
Boston, MA 02114-2023.
5. Hand Delivery or Courier: Deliver your comments to: Ida
McDonnell, Air Permits, Toxics and Indoor Air Unit, Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, 11th floor, (CAP), Boston, MA
02114-2023. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
legal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2008-0112. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov, or e-
mail, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an
[[Page 10407]]
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. 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 either electronically in www.regulations.gov or
in hard copy at Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA New England Regional Office, One Congress
Street, Suite 1100, 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 to 4:30, excluding
legal holidays.
FOR FURTHER INFORMATION CONTACT: Ida E. McDonnell, Air Permits, Toxics
and Indoor Air Unit, U.S. Environmental Protection Agency, EPA New
England Regional Office, One Congress Street, Suite 1100 (CAP), Boston,
MA 02114-2023, telephone number (617) 918-1653, fax number (617) 918-
0653, e-mail mcdonnell.ida@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. Background and Purpose
II. EPA's Evaluation
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ which
established requirements to control air pollution from Outer
Continental Shelf (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 Act. Part 55 applies 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 Act 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 corresponding onshore area (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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Pursuant to Sec. 55.12 of the OCS rule, consistency reviews will
occur (1) at least annually; (2) upon receipt of a Notice of Intent
under Sec. 55.4; or (3) when a state or local agency submits a rule to
EPA to be considered for incorporation by reference in part 55. This
proposed action is being taken in response to the submittal of a Notice
of Intent on December 7, 2007 by Cape Wind Associates, LLC of Boston,
Massachusetts. 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 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 onshore requirements.
To comply with this statutory mandate, EPA must incorporate applicable
onshore rules into part 55 as they exist onshore. This limits EPA's
flexibility in deciding which requirements will be incorporated into
part 55 and prevents EPA from making substantive changes to the
requirements it incorporates. As a result, EPA may be incorporating
rules into 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 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
In updating 40 CFR part 55, EPA reviewed the state rules for
inclusion in 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 Act, that they are not designed
expressly to prevent exploration and development of the OCS and that
they are applicable to OCS sources. 40 CFR 55.1. EPA has also evaluated
the rules to ensure they are not arbitrary or capricious. 40 CFR
55.12(e). In addition, 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.
---------------------------------------------------------------------------
\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 EPA has not
delegated authority to implement and enforce part 55, as in
Massachusetts, EPA will use its own administrative and procedural
requirements to implement the substantive requirements. See 40 CFR
55.14 (c)(4).
---------------------------------------------------------------------------
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 Regional Office listed in the ADDRESSES
section of this Federal Register.
III. Proposed Action
EPA is proposing to incorporate the rules applicable to sources for
which the Commonwealth of Massachusetts will be the COA. The rules that
EPA proposes to incorporate are applicable provisions of 310 Code of
Massachusetts Regulations (CMR) 4.00: Timely Action Schedule and Fee
Provisions, 310 CMR 6.00: Ambient Air Quality Standards for the
Commonwealth of Massachusetts, 310 CMR 7.00: Air Pollution Control, and
310 CMR 8:00: The Prevention and/or Abatement of Air Pollution Episode
and Air Pollution Incident Emergencies.
With respect to the Air Pollution Control regulations at 310 CMR
7.00, Massachusetts is divided into six regions known as air pollution
control
[[Page 10408]]
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.
---------------------------------------------------------------------------
\3\ These districts are not associated with separate air
pollution control agencies; they are purely conceptual.
---------------------------------------------------------------------------
In interpreting such provisions as they are incorporated into part
55, 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 that source. EPA is relying on this
interpretation for purposes of this action. If EPA does not receive
comments to the contrary from any party during the public comment
period, the interpretation stated above will represent EPA's formal
interpretations of the provisions incorporated into part 55 for
purposes of federal law.
With respect to the Prevention and/or Abatement of Air Pollution
Episode and Air Pollution Incident Emergencies regulations at 310 CMR
8.00, EPA proposes to rely on the Massachusetts Department of
Environmental Protection's evaluation, declaration, and notice of an
Air Pollution Episode or Incident Emergency applicable to the point on
land nearest to an OCS source. Specifically, in interpreting the
Massachusetts Prevention and/or Abatement of Air Pollution Episode and
Air Pollution Incident Emergencies regulations as they are incorporated
into part 55, EPA proposes to treat any existing or proposed OCS source
as if it were located at the point on land that is geographically
closest to that source. The restrictions that the Department of
Environmental Protection applies to on-shore sources on that point of
land pursuant to these regulations would then apply to the OCS source
as if it were located on that point of land. EPA is relying on this
interpretation for purposes of this action. If EPA does not receive
comments to the contrary from any party during the public comment
period, the interpretation stated above will represent EPA's formal
interpretations of the provisions incorporated into part 55 for
purposes of federal law.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to Office of Management and Budget (``OMB'')
review and the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 and is therefore not subject to OMB
Review. These rules implement requirements specifically and explicitly
set forth by the Congress in section 328 of the Clean Air Act, without
the exercise of any policy discretion by EPA. These OCS rules already
apply in the COA, and EPA has no evidence to suggest that these OCS
rules have created an adverse material effect. As required by section
328 of the Clean Air Act, this action simply updates the existing OCS
requirements to make them consistent with rules in the COA.
B. Paperwork Reduction Act
The OMB has approved the information collection requirements
contained in 40 CFR part 55, and by extension this update to the rules,
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. and has assigned OMB control number 2060-0249. Notice of OMB's
approval of EPA Information Collection Request (``ICR'') No. 1601.06
was published in the Federal Register on March 1, 2006 (71 FR 10499-
10500). The approval expires January 31, 2009. As EPA previously
indicated (70 FR 65897-65898 (November 1, 2005)), the annual public
reporting and recordkeeping burden for collection of information under
40 CFR part 55 is estimated to average 549 hours per response. Burden
means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
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. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9 and are identified on
the form and/or instrument, if applicable. In addition, EPA is amending
the table in 40 CFR part 9 of currently approved OMB control numbers
for various regulations to list the regulatory citations for the
information requirements contained in this final rule.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
These rules will not have a significant economic impact on a
substantial number of small entities. These rules implement
requirements specifically and explicitly set forth by the Congress in
section 328 of the Clean Air Act, without the exercise of any policy
discretion by EPA. These OCS rules already apply in the COA, and EPA
has no evidence to suggest that these OCS rules have had a significant
economic impact on a substantial number of small entities. As required
by section 328 of the Clean Air Act, this action simply updates the
existing OCS requirements to make them consistent with rules in the
COA. Therefore, this action will not have a significant economic impact
on a substantial number of small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA''),
Public Law 104-4, establishes requirements for Federal agencies to
assess the effects of
[[Page 10409]]
their regulatory actions on State, local, and tribal governments and
the private sector. Under section 202 of the UMRA, EPA generally must
prepare a written statement, including a cost-benefit analysis, for
proposed and final rules with ``Federal mandates'' that may result in
expenditures to State, local, and tribal governments, in the aggregate,
or to the private sector, of $100 million or more in any one year.
Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
This document contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments or the private sector that may result in expenditures of
$100 million or more for State, local, or tribal governments, in the
aggregate, or to the private sector in any one year. This action would
implement requirements specifically and explicitly set forth by the
Congress in section 328 of the Clean Air Act without the exercise of
any policy discretion by EPA. The OCS rules already apply in the COA,
and EPA has no evidence to suggest that applying them in the OCS would
result in expenditures to State, local, and tribal governments, in the
aggregate, or to the private sector, of $100 million or more in any one
year. As required by section 328 of the Clean Air Act, this action
simply updates the existing OCS requirements to make them consistent
with rules in the COA.
E. Executive Order 13132, Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255 (August
10, 1999)), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. These rules implement
requirements specifically and explicitly set forth by the Congress in
section 328 of the Clean Air Act, without the exercise of any policy
discretion by EPA. As required by section 328 of the Clean Air Act,
this rule simply updates the existing OCS rules to make them consistent
with current COA requirements. These rules do not amend the existing
provisions within 40 CFR part 55 enabling delegation of OCS regulations
to a COA, and this rule does not require the COA to implement the OCS
rules. Thus, Executive Order 13132 does not apply to this rule.
In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comments on this proposed rule
from State and local officials.
F. Executive Order 13175, Coordination With Indian Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This rule 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 and thus does not have ``tribal
implications,'' within the meaning of Executive Order 13175. This rule
implements requirements specifically and explicitly set forth by the
Congress in section 328 of the Clean Air Act, without the exercise of
any policy discretion by EPA. As required by section 328 of the Clean
Air Act, this rule simply updates the existing OCS rules to make them
consistent with current COA requirements. In addition, this rule does
not impose substantial direct compliance costs on tribal governments,
nor preempt tribal law. Consultation with Indian tribes is therefore
not required under Executive Order 13175. Nonetheless, in the spirit of
Executive Order 13175 and consistent with EPA policy to promote
communications between EPA and tribes, EPA specifically solicits
comments on this proposed rule from tribal officials.
G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885 (April 23, 1997)), applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This proposed rule is not subject to Executive Order 13045 because
it is not economically significant as defined in Executive Order 12866.
In addition, the Agency does not have reason to believe the
environmental health or safety risks addressed by this action present a
disproportional risk to children.
H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use
This proposed rule is not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it
is not a significant regulatory action under Executive Order 12866.
[[Page 10410]]
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable laws or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decided
not to use available and applicable voluntary consensus standards.
As discussed above, these rules implement requirements specifically
and explicitly set forth by the Congress in section 328 of the Clean
Air Act, without the exercise of any policy discretion by EPA. As
required by section 328 of the Clean Air Act, this rule simply updates
the existing OCS rules to make them consistent with current COA
requirements. In the absence of a prior existing requirement for the
state to use voluntary consensus standards and in light of the fact
that EPA is required to make the OCS rules consistent with current COA
requirements, it would be inconsistent with applicable law for EPA to
use voluntary consensus standards in this action. Therefore, EPA is not
considering the use of any voluntary consensus standards. EPA welcomes
comments on this aspect of the proposed rulemaking and, specifically,
invites the public to identify potentially-applicable voluntary
consensus standards and to explain why such standards should be used in
this regulation.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. EPA lacks the discretionary authority
to address environmental justice in this proposed action. This rule
implements requirements specifically and explicitly set forth by the
Congress in section 328 of the Clean Air Act, without the exercise of
any policy discretion by EPA. As required by section 328 of the Clean
Air Act, this rule simply updates the existing OCS rules to make them
consistent with current COA requirements.
Although EPA lacks authority to modify today's regulatory decision
on the basis of environmental justice considerations, EPA nevertheless
explored this issue and found the following. This action, namely,
updating the OCS rules to make them consistent with current COA
requirements, will not have disproportionately high and adverse human
health or environmental effects on minority or low-income populations
because it increases the level of environmental protection for all
affected populations without having any disproportionately high and
adverse human health or environmental effects on any population,
including any minority or low-income population. Environmental justice
considerations may be appropriate to consider in the context of a
specific OCS permit application.
List of Subjects in 40 CFR Part 55
Environmental protection, Administrative practice and procedure,
Air pollution control, Continental Shelf, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.
Dated: February 19, 2008.
Robert W. Varney,
Regional Administrator, EPA New England.
For the reasons stated in the preamble, title 40, chapter I of the
Code of Federal Regulations, is proposed to be amended as follows:
PART 55--[AMENDED]
1. The authority citation for part 55 continues to read as follows:
Authority: Section 328 of the Act (42 U.S.C. 7401, et seq.) as
amended by Public Law 101-549.
2. Section 55.14 is amended as follows:
a. By adding paragraph (d)(11).
b. In paragraph (e) introductory text by adding a new address after
the words ``regional offices:''.
c. By adding paragraph (e)(11).
Sec. 55.14 Requirements that apply to OCS sources located within 25
miles of States' seaward boundaries, by State.
* * * * *
(d) * * *
(11) Massachusetts.
(i) 40 CFR part 52, subpart W.
(ii) [Reserved]
* * * * *
(e) * * * U.S. EPA, Region 1 (Massachusetts) One Congress Street,
Boston, MA 02114-2023 * * *
* * * * *
(11) Massachusetts.
(i) State requirements.
(A) Commonwealth of Massachusetts Requirements Applicable to OCS
Sources, December 28, 2007.
(B) [Reserved]
(ii) Local requirements.
(A) [Reserved]
* * * * *
3. Appendix A to part 55 is amended by adding an entry for
Massachusetts in alphabetical order 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) State requirements.
(1) The following Commonwealth of Massachusetts requirements are
applicable to OCS Sources, December 28, 2007, 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
10/19/2007)
Section 4.02: Definitions (Effective 10/19/2007)
Section 4.03: Annual Compliance Assurance Fee (Effective 10/19/2007)
310 CMR 6.00: Ambient Air Quality Standards for the Commonwealth of
Massachusetts
Section 6.01: Definitions (Effective 12/28/2007)
Section 6.02: Scope (Effective 12/28/2007)
Section 6.03: Reference Conditions (Effective 12/28/2007)
Section 6.04: Standards (Effective 12/28/2007)
310 CMR 7.00: Air Pollution Control
Section 7.00: Statutory Authority; Legend; Preamble; Definitions
(Effective 12/28/2007)
Section 7.01: General Regulations to Prevent Air Pollution
(Effective 12/28/2007)
Section 7.02: U Plan Approval and Emission Limitations (Effective
12/28/2007)
Section 7.03: U Plan Approval Exemptions: Construction Requirements
(Effective 12/28/2007)
Section 7.04: U Fossil Fuel Utilization Facilities (Effective 12/28/
2007)
[[Page 10411]]
Section 7.05: U Fuels All Districts (Effective 12/28/2007)
Section 7.06: U Visible Emissions (Effective 12/28/2007)
Section 7.07: U Open Burning (Effective 12/28/2007)
Section 7.08: U Incinerators (Effective 12/28/2007)
Section 7.09: U Dust, Odor, Construction and Demolition (Effective
12/28/2007)
Section 7.11: U Transportation Media (Effective 12/28/2007)
Section 7.12: U Source Registration (Effective 12/28/2007)
Section 7.13: U Stack Testing (Effective 12/28/2007)
Section 7.14: U Monitoring Devices and Reports (Effective 12/28/
2007)
Section 7.15: U Asbestos (Effective 12/28/2007)
Section 7.18: U Volatile and Halogenated Organic Compounds
(Effective 12/28/2007)
Section 7.19: U Reasonably Available Control Technology (RACT) for
Sources of Oxides of Nitrogen (NOX) (Effective 12/28/
2007)
Section 7.21: Sulfur Dioxide Emissions Limitations (Effective 12/28/
2007)
Section 7.22: Sulfur Dioxide Emissions Reductions for the Purpose of
Reducing Acid Rain (Effective 12/28/2007)
Section 7.24: U Organic Material Storage and Distribution (Effective
12/28/2007)
Section 7.25: U Best Available Controls for Consumer and Commercial
Products (Effective 12/28/2007)
Section 7.26: Industry Performance Standards (Effective 12/28/2007)
Section 7.27: NOX Allowance Program (Effective 12/28/
2007)
Section 7.28: NOX Allowance Trading Program (Effective
12/28/2007)
Section 7.29: Emissions Standards for Power Plants (Effective 12/28/
2007)
Section 7.60: U Severability (Effective 12/28/2007)
Section 7.00: Appendix A (Effective 12/28/2007)
Section 7.00: Appendix B (Effective 12/28/2007)
Section 7.00: Appendix C (Effective 12/28/2007)
310 CMR 8.00: The Prevention and/or Abatement of Air Pollution Episode
and Air Pollution Incident Emergencies
Section 8.01: Introduction (Effective 12/28/2007)
Section 8.02: Definitions (Effective 12/28/2007)
Section 8.03: Air Pollution Episode Criteria (Effective 12/28/2007)
Section 8.04: Air Pollution Episode Potential Advisories (Effective
12/28/2007)
Section 8.05: Declaration of Air Pollution Episodes and Incidents
(Effective 12/28/2007)
Section 8.06: Termination of Air Pollution Episodes and Incident
Emergencies (Effective 12/28/2007)
Section 8.07: Emission Reductions Strategies (Effective 12/28/2007)
Section 8.08: Emission Reduction Plans (Effective 12/28/2007)
Section 8.15: Air Pollution Incident Emergency (Effective 12/28/
2007)
Section 8.30: Severability (Effective 12/28/2007)
(2) [Reserved]
* * * * *
[FR Doc. E8-3614 Filed 2-26-08; 8:45 am]
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