Outer Continental Shelf Air Regulations Update To Include New York State Requirements, 44921-44924 [E8-17590]
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Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Rules and Regulations
EPA-APPROVED IDAHO REGULATIONS—Continued
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State Statutes
Section 1 of House Bill
557, codified at
Idaho Code section
39–114.
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EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES.
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State Implementation Plan Revision.
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[FR Doc. E8–16973 Filed 7–31–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 55
Outer Continental Shelf Air
Regulations Update To Include New
York State Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
5/28/08
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8/1/08 [Insert page number
where the document begins].
requirements for the State of New York
is to regulate emissions from OCS
sources in accordance with the
requirements onshore. The requirements
discussed below are incorporated by
reference into the Code of Federal
Regulations and are listed in the
appendix to the OCS air regulations.
Effective Date: This rule is
effective on September 2, 2008.
This incorporation by reference of
certain publications listed in this rule is
approved by the Director of the Federal
Register as of September 2, 2008.
Jkt 214001
EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2007–0553. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Publicly available docket materials
are available either electronically
through https://www.regulations.gov or
in hard copy at the U.S. Environmental
Protection Agency, Region 2, 290
Broadway, New York, New York 10007.
ADDRESSES:
SUMMARY: EPA is finalizing the update
of the Outer Continental Shelf (OCS) Air
Regulations proposed in the Federal
Register on March 14, 2008.
Requirements applying to OCS sources
located within 25 miles of States’
seaward boundaries must be
promulgated into part 55 and updated
periodically to remain consistent with
the requirements of the corresponding
onshore area (COA), as mandated by
section 328(a)(1) of the Clean Air Act
(CAA). The portion of the OCS air
regulations that is being updated
pertains to the requirements for OCS
sources in the State of New York. The
intended effect of approving the OCS
16:04 Jul 31, 2008
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EPA approval date
DATES:
[EPA–R02–OAR–2007–0553; FRL–8688–3]
VerDate Aug<31>2005
State
submittal
date
FOR FURTHER INFORMATION CONTACT:
Steven Riva, Air Programs Branch, U.S.
Environmental Protection Agency,
Region 2, 290 Broadway, New York,
New York 10007; telephone number:
(212) 637–4074; e-mail address:
riva.steven@epa.gov.
SUPPLEMENTARY INFORMATION:
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Comments
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Table of Contents
I. Background Information
II. Public Comment and EPA Response
III. EPA Action
IV. Administrative Requirements
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Coordination
With Indian Tribal Government
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Congressional Review Act
K. Petitions for Judicial Review
I. Background Information
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the U.S.
EPA.
On September 4, 1992, EPA
promulgated 40 CFR part 55,1 which
established requirements to control air
pollution from OCS sources in order to
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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Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Rules and Regulations
incorporate applicable onshore rules
into part 55 as they exist onshore.
II. Public Comment and EPA Response
EPA’s proposed action provided a 30day public comment period, which
closed on April 14, 2008. During this
period EPA received no comments on
the proposed action.
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attain and maintain Federal and State
ambient air quality standards (AAQS)
and to comply with the provisions of
part C of title I of the CAA. 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.
On March 14, 2008 (73 FR 13822),
EPA proposed to approve requirements
into the OCS Air Regulations pertaining
to the State of New York. EPA has
evaluated the proposed regulations 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 that they
are not arbitrary or capricious. 40 CFR
55.12(e). In addition, EPA has excluded
administrative or procedural rules.
Section 328(a) of the CAA requires
that EPA establish requirements to
control air pollution from OCS sources
located within 25 miles of States’
seaward boundaries that are the same as
onshore requirements. To comply with
this statutory mandate, EPA must
incorporate applicable rules in effect for
onshore sources into part 55. 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 CAA.
Inclusion in the OCS rule does not
imply that a rule meets the requirements
of the CAA for SIP approval, nor does
it imply that the rule will be approved
by EPA for inclusion in the SIP.
D. Unfunded Mandates Reform Act
Under section 202 of the Unfunded
Mandates Reform Act of 1995
(Unfunded Mandates Act), signed into
law on March 22, 1995, EPA must
prepare a budgetary impact statement to
accompany any proposed or final rule
that includes a Federal mandate that
may result in estimated costs to State,
local, and tribal governments in the
aggregate; or to the private sector, of
$100 million or more in any one year.
Under section 205, EPA must select the
most cost-effective and least
burdensome alternative that achieves
the objectives of the rule and is
consistent with statutory requirements.
Section 203 requires EPA to establish a
plan for informing and advising any
small governments that may be
III. EPA Action
In this document, EPA takes final
action to incorporate the proposed
changes into 40 CFR part 55. EPA is
approving the proposed actions under
section 328(a)(1) of the Act, 42 U.S.C.
7627. 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
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15:09 Jul 31, 2008
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IV. Administrative Requirements
A. Executive Order 12866: Regulatory
Planning and Review
The Office of Management and Budget
(OMB) has exempted this regulatory
action from Executive Order 12866,
entitled ‘‘Regulatory Planning and
Review.’’
B. Paperwork Reduction Act
This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.)
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.
This rule will not have a significant
economic impact on a substantial
number of small entities. This rule
implements requirements specifically
and explicitly set forth by the Congress
in section 328 of the CAA, 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 CAA, this
action simply incorporates the existing
rules in the COA. Therefore, EPA
certifies that this action will not have a
significant economic impact on a
substantial number of small entities.
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significantly or uniquely impacted by
the rule.
EPA has determined that today’s final
rule contains no Federal mandates 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 approves pre-existing
requirements under State or local law,
and imposes no new requirements.
Accordingly, no additional costs to
State, local or tribal governments, or to
the private sector, result from this
action.
E. Executive Order 13132: Federalism
Federalism (64 FR 43255, August 10,
1999) revokes and replaces Executive
Orders 12612 (Federalism) and 12875
(Enhancing the Intergovernmental
Partnership). Executive Order 13132
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.’’ Under
Executive Order 13132, EPA may not
issue a regulation that has federalism
implications, that imposes substantial
direct compliance costs, and that is not
required by statute, unless the Federal
government provides the funds
necessary to pay the direct compliance
costs incurred by State and local
governments, or EPA consults with
State and local officials early in the
process of developing the proposed
regulation. EPA also may not issue a
regulation that has federalism
implications and that preempts State
law unless the Agency consults with
State and local officials early in the
process of developing the proposed
regulation.
This rule 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, because it
merely approves a State rule
implementing a federal standard, and
does not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act. Thus, the requirements of
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section 6 of the Executive Order do not
apply to this rule.
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 final rule does not
have tribal implications, as specified in
Executive Order 13175. It will not have
substantial direct effects on tribal
governments, 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.
Thus, Executive Order 13175 does not
apply to this rule.
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G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
Executive Order 13045, entitled
‘‘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 final rule is not subject to
Executive Order 13045 because it does
not involve decisions intended to
mitigate environmental health or safety
risks.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This final rule is not subject to
Executive Order 13211, entitled
‘‘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.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
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Act (NTTAA) of 1995 requires Federal
agencies to evaluate existing technical
standards when developing a new
regulation. To comply with NTTAA,
EPA must consider and use voluntary
consensus standards (VCS) if available
and applicable when developing
programs and policies unless doing so
would be inconsistent with applicable
laws or otherwise impractical.
The EPA believes that VCS are
inapplicable to this section. Today’s
action does not require the public to
perform activities conducive to the use
of VCS.
J. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of this rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). This action
will be effective September 2, 2008.
K. Petition for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 30,
2008. Filing a petition for
reconsideration by the Administrator of
this final action does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 55
Environmental protection,
Administrative practice and procedures,
Air pollution control, Hydrocarbons,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Nitrogen oxides, Outer
Continental Shelf, Ozone, Particulate
matter, Permits, Reporting and
recordkeeping requirements, Sulfur
oxides.
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44923
Dated: June 25, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.
Title 40, chapter I of the Code of
Federal Regulations, is to be amended as
follows:
I
PART 55—[AMENDED]
1. The authority citation for part 55
continues to read as follows:
I
Authority: Section 328 of the CAA (42
U.S.C. 7401, et seq.) as amended by Public
Law 101–549.
2. Section 55.14 is amended by adding
new paragraphs (d)(16) and (e)(16) to
read as follows:
I
§ 55.14 Requirements that apply to OCS
sources located within 25 miles of States’
seaward boundaries, by State.
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(d) * * *
(16) New York.
(i) 40 CFR part 52, subpart HH.
(ii) [Reserved]
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(e) * * *
(16) New York.
(i) State Requirements.
(A) State of New York Requirements
Applicable to OCS Sources, October 20,
2007
(B) [Reserved]
(ii) Local requirements.
(A) [Reserved]
I 3. Amend Appendix A to part 55 by
adding an entry for New York 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
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New York
(a) State requirements.
(1) The following State of New York
requirements are applicable to OCS Sources,
October 20, 2007. New York Environmental
Conservation Law—Department of
Environmental Conservation. The following
sections of Title 6, Chapter III:
Part 200. General Provisions
6 NYCRR 200.1. Definitions (effective 8/9/06)
6 NYCRR 200.2. Safeguarding Information
(effective 1/16/92)
6 NYCRR 200.3. False Statement (effective 6/
16/72)
6 NYCRR 200.4. Severability (effective 8/9/
84)
6 NYCRR 200.5. Sealing (effective 2/22/79)
6 NYCRR 200.6. Acceptable Ambient Air
Quality (effective 4/6/83)
6 NYCRR 200.7. Maintenance of Equipment
(effective 2/22/79)
6 NYCRR 200.8. Conflict of Interest (effective
1/12/75)
6 NYCRR 200.9. Referenced Material
(effective 1/271/07)
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Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Rules and Regulations
6 NYCRR 200.10. Federal Standards and
Requirements (effective 10/20/07)
Part 201. Permits and Certificates
6 NYCRR 201–1. General Provisions
(effective 7/7/96)
6 NYCRR 201–2. Definitions (effective 11/21/
98)
6 NYCRR 201–3. Exemptions and Trivial
Activities (effective 5/7/03)
6 NYCRR 201–4. Minor Facility Registrations
(effective 7/7/96)
6 NYCRR 201–5. State Facility Permits
(effective 7/7/96)
6 NYCRR 201–6. Title V Facility Permits
(effective 1/18/02)
6 NYCRR 201–7. Federally Enforceable
Emission Caps (effective 7/7/96)
6 NYCRR 201–8. General Permits (effective 7/
7/96)
Part 202. Emissions Verification
6 NYCRR 202–1. Emissions Testing,
Sampling and Analytical Determinations
(effective 5/29/05)
6 NYCRR 202–2. Emission Statements
(effective 5/29/05)
Part 204. NOX Budget Trading Program
6 NYCRR 204–1. General Provisions
(effective 2/25/00)
6 NYCRR 204–2. Authorized Account
Representative for NOX Budget Sources
(effective 2/25/00)
6 NYCRR 204–3. Permits (effective 2/25/00)
6 NYCRR 204–4. Compliance Certification
(effective 2/25/00)
6 NYCRR 204–5. Allowance Allocations
(effective 2/25/00)
6 NYCRR 204–6. Allowance Tracking System
(effective 2/25/00)
6 NYCRR 204–7. NOX Allowance Transfers
(effective 2/25/00)
6 NYCRR 204–8. Monitoring and Reporting
(effective 2/25/00)
6 NYCRR 204–9. Individual Unit Opt-ins
(effective 2/25/00)
Part 207—Control Measures for Air
Pollution Episode (Effective 2/22/79)
Part 210—Emissions and Labeling
Requirements for Personal Watercraft
Engines
6 NYCRR 210–1. Applicability and
Definitions (effective 8/8/03)
6 NYCRR 210–2. Certification and
Prohibitions (effective 8/8/03)
6 NYCRR 210–3. Family Emission Limits
(effective 8/8/03)
6 NYCRR 210–4. In-Use Testing and Recall
(effective 8/8/03)
6 NYCRR 210–5. Warranty (effective 8/8/03)
6 NYCRR 210–6. Production-Line Testing
(effective 8/8/03)
6 NYCRR 210–7. Severability (effective 8/8/
03)
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Part 211—General Prohibitions (Effective 8/
11/83)
Part 212—General Process Emission Sources
(Effective 9/22/94)
Part 215—Open Fires (Effective 6/16/72)
Part 219—Incinerators
6 NYCRR 219–1. Incineration—General
Provisions (effective 10/30/02)
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6 NYCRR 219–2. Municipal and Private Solid
Waste Incineration Facilities (effective 5/
21/05)
6 NYCRR 219–3. Infectious Waste
Incineration Facilities (effective 12/31/88)
6 NYCRR 219–5. Existing Incinerators
(effective 12/31/88)
6 NYCRR 219–6. Existing Incinerators—New
York City, Nassau and Westchester
Counties (effective 12/31/88)
6 NYCRR 219–7. Mercury Emission
Limitations for Large Municipal Waste
Combustors Constructed On or Before
September 20, 1994 (effective 5/21/05)
6 NYCRR 219–8. Emission Guidelines and
Compliance Times for Small Municipal
Waste Combustion Units Constructed On
or Before August 30, 1999 (effective 10/18/
02)
Part 225—Fuel Consumption and Use
6 NYCRR 225–1. Fuel Composition and
Use—Sulfur Limitations (effective 1/29/86)
6 NYCRR 225–2. Fuel Composition and
Use—Waste Fuel (effective 11/5/84)
6 NYCRR 225–3. Fuel Composition and
Use—Gasoline (effective 11/4/01)
6 NYCRR 225–4. Motor Vehicle Diesel Fuel
(effective 5/8/05)
6 NYCRR 243–7. CAIR NOX Ozone Season
Allowance Transfers (effective 10/19/07)
6 NYCRR 243–8. Monitoring and Reporting
(effective 10/19/07)
6 NYCRR 243–9. CAIR NOX Ozone Season
Opt-in Units (effective 10/19/07)
Part 244—CAIR NOX Annual Trading
Program
6 NYCRR 244–1. CAIR NOX Annual Trading
Program General Provisions (effective 10/
19/07)
6 NYCRR 244–2. CAIR Designated
Representative for CAIR NOX Sources
(effective 10/19/07)
6 NYCRR 244–3. Permits (effective 10/19/07)
6 NYCRR 244–5. CAIR NOX Allowance
Allocations (effective 10/19/07)
6 NYCRR 244–6. CAIR NOX Allowance
Tracking System (effective 10/19/07)
6 NYCRR 244–7. CAIR NOX Allowance
Transfers (effective 10/19/07)
6 NYCRR 244–8. Monitoring and Reporting
(effective 10/19/07)
6 NYCRR 244–9. CAIR NOX Opt-in Units
(effective 10/19/07)
Part 227—Stationary Combustion
Installations
6 NYCRR 227–1. Stationary Combustion
Installations (effective 2/25/00)
6 NYCRR 227–2. Reasonably Available
Control Technology (RACT) for Oxides of
Nitrogen (NOX) (effective 2/11/04)
6 NYCRR 227–3. Pre-2003 Nitrogen Oxides
Emissions Budget and Allowance Program
(effective 3/15/99)
Part 245—CAIR SO2 Trading Program
6 NYCRR 245–1. CAIR SO2 Trading Program
General Provisions (effective 10/19/07)
6 NYCRR 245–2. CAIR Designated
Representative for CAIR SO2 Sources
(effective 10/19/07)
6 NYCRR 245–3. Permits (effective 10/19/07)
6 NYCRR 245–6. CAIR SO2 Allowance
Tracking System (effective 10/19/07)
6 NYCRR 245–7. CAIR SO2 Allowance
Transfers (effective 10/19/07)
6 NYCRR 245–8. Monitoring and Reporting
(effective 10/19/07)
6 NYCRR 245–9. CAIR SO2 Opt-in Units
(effective 10/19/07)
Part 228—Surface Coating Processes
(Effective 7/23/03)
[FR Doc. E8–17590 Filed 7–31–08; 8:45 am]
Part 226—Solvent Metal Cleaning Processes
(Effective 5/7/03)
Part 229—Petroleum and Volatile Organic
Liquid Storage and Transfer (Effective 4/4/
93)
Part 231—New Source Review in
Nonattainment Areas and Ozone Transport
Region
6 NYCRR 231–1. Requirements for Emission
Sources Subject to the Regulation Prior to
November 15, 1992 (effective 10/15/94)
6 NYCRR 231–2. Requirements for Emission
Sources Subject to the Regulation On or
After November 15, 1992 (effective 5/3/00)
Part 240—Conformity to State or Federal
Implementation Plans (Effective 10/22/04)
Part 243—CAIR NOX Ozone Season Trading
Program
6 NYCRR 243–1. CAIR NOX Ozone Season
Trading Program General Provisions
(effective 10/19/07)
6 NYCRR 243–2. CAIR Designated
Representative for CAIR NOX Ozone
Season Sources (effective 10/19/07)
6 NYCRR 243–3. Permits (effective 10/19/07)
6 NYCRR 243–5. CAIR NOX Ozone Season
Allowance Allocations (effective 10/19/07)
6 NYCRR 243–6. CAIR NOX Ozone Season
Allowance Tracking System (effective 10/
19/07)
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BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
Final Flood Elevation Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
SUMMARY: Base (1% annual chance)
Flood Elevations (BFEs) and modified
BFEs are made final for the
communities listed below. The BFEs
and modified BFEs are the basis for the
floodplain management measures that
each community is required either to
adopt or to show evidence of being
already in effect in order to qualify or
remain qualified for participation in the
National Flood Insurance Program
(NFIP).
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Agencies
[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Rules and Regulations]
[Pages 44921-44924]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17590]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[EPA-R02-OAR-2007-0553; FRL-8688-3]
Outer Continental Shelf Air Regulations Update To Include New
York State Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is finalizing the update of the Outer Continental Shelf
(OCS) Air Regulations proposed in the Federal Register on March 14,
2008. Requirements applying to OCS sources located within 25 miles of
States' seaward boundaries must be promulgated into part 55 and updated
periodically to remain consistent with the requirements of the
corresponding onshore area (COA), as mandated by section 328(a)(1) of
the Clean Air Act (CAA). The portion of the OCS air regulations that is
being updated pertains to the requirements for OCS sources in the State
of New York. The intended effect of approving the OCS requirements for
the State of New York is to regulate emissions from OCS sources in
accordance with the requirements onshore. The requirements discussed
below are incorporated by reference into the Code of Federal
Regulations and are listed in the appendix to the OCS air regulations.
DATES: Effective Date: This rule is effective on September 2, 2008.
This incorporation by reference of certain publications listed in
this rule is approved by the Director of the Federal Register as of
September 2, 2008.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R02-OAR-2007-0553. All documents in the docket are listed on
the https://www.regulations.gov Web site. Publicly available docket
materials are available either electronically through https://
www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency, Region 2, 290 Broadway, New York, New York 10007.
FOR FURTHER INFORMATION CONTACT: Steven Riva, Air Programs Branch, U.S.
Environmental Protection Agency, Region 2, 290 Broadway, New York, New
York 10007; telephone number: (212) 637-4074; e-mail address:
riva.steven@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background Information
II. Public Comment and EPA Response
III. EPA Action
IV. Administrative Requirements
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Coordination With Indian Tribal
Government
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Congressional Review Act
K. Petitions for Judicial Review
I. Background Information
Throughout this document, the terms ``we,'' ``us,'' and ``our''
refer to the U.S. EPA.
On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ which
established requirements to control air pollution from OCS sources in
order to
[[Page 44922]]
attain and maintain Federal and State ambient air quality standards
(AAQS) and to comply with the provisions of part C of title I of the
CAA. 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.
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\1\ The reader may refer to the Notice of Proposed Rulemaking,
December 5, 1991 (56 FR 63774), and the preamble to the final rule
promulgated September 4, 1992 (57 FR 40792) for further background
and information on the OCS regulations.
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On March 14, 2008 (73 FR 13822), EPA proposed to approve
requirements into the OCS Air Regulations pertaining to the State of
New York. EPA has evaluated the proposed regulations 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 that they are not
arbitrary or capricious. 40 CFR 55.12(e). In addition, EPA has excluded
administrative or procedural rules.
Section 328(a) of the CAA requires that EPA establish requirements
to control air pollution from OCS sources located within 25 miles of
States' seaward boundaries that are the same as onshore requirements.
To comply with this statutory mandate, EPA must incorporate applicable
rules in effect for onshore sources into part 55. 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 CAA.
Inclusion in the OCS rule does not imply that a rule meets the
requirements of the CAA for SIP approval, nor does it imply that the
rule will be approved by EPA for inclusion in the SIP.
II. Public Comment and EPA Response
EPA's proposed action provided a 30-day public comment period,
which closed on April 14, 2008. During this period EPA received no
comments on the proposed action.
III. EPA Action
In this document, EPA takes final action to incorporate the
proposed changes into 40 CFR part 55. EPA is approving the proposed
actions under section 328(a)(1) of the Act, 42 U.S.C. 7627. 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.
IV. Administrative Requirements
A. Executive Order 12866: Regulatory Planning and Review
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''
B. Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.)
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.
This rule will not have a significant economic impact on a
substantial number of small entities. This rule implements requirements
specifically and explicitly set forth by the Congress in section 328 of
the CAA, 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
CAA, this action simply incorporates the existing rules in the COA.
Therefore, EPA certifies that this action will not have a significant
economic impact on a substantial number of small entities.
D. Unfunded Mandates Reform Act
Under section 202 of the Unfunded Mandates Reform Act of 1995
(Unfunded Mandates Act), signed into law on March 22, 1995, EPA must
prepare a budgetary impact statement to accompany any proposed or final
rule that includes a Federal mandate that may result in estimated costs
to State, local, and tribal governments in the aggregate; or to the
private sector, of $100 million or more in any one year. Under section
205, EPA must select the most cost-effective and least burdensome
alternative that achieves the objectives of the rule and is consistent
with statutory requirements. Section 203 requires EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that today's final rule contains no Federal
mandates 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 approves pre-existing
requirements under State or local law, and imposes no new requirements.
Accordingly, no additional costs to State, local or tribal governments,
or to the private sector, result from this action.
E. Executive Order 13132: Federalism
Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 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.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
This rule 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, because it
merely approves a State rule implementing a federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. Thus, the
requirements of
[[Page 44923]]
section 6 of the Executive Order do not apply to this rule.
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 final rule does not have
tribal implications, as specified in Executive Order 13175. It will not
have substantial direct effects on tribal governments, 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. Thus, Executive Order 13175 does not
apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045, entitled ``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 final rule is not subject to Executive Order 13045 because it
does not involve decisions intended to mitigate environmental health or
safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This final rule is not subject to Executive Order 13211, entitled
``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.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use voluntary consensus standards (VCS) if
available and applicable when developing programs and policies unless
doing so would be inconsistent with applicable laws or otherwise
impractical.
The EPA believes that VCS are inapplicable to this section. Today's
action does not require the public to perform activities conducive to
the use of VCS.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of this rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This action will be effective September 2, 2008.
K. Petition for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 30, 2008. Filing a
petition for reconsideration by the Administrator of this final action
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 55
Environmental protection, Administrative practice and procedures,
Air pollution control, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Nitrogen oxides, Outer
Continental Shelf, Ozone, Particulate matter, Permits, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: June 25, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.
0
Title 40, chapter I of the Code of Federal Regulations, is to be
amended as follows:
PART 55--[AMENDED]
0
1. The authority citation for part 55 continues to read as follows:
Authority: Section 328 of the CAA (42 U.S.C. 7401, et seq.) as
amended by Public Law 101-549.
0
2. Section 55.14 is amended by adding new paragraphs (d)(16) and
(e)(16) to read as follows:
Sec. 55.14 Requirements that apply to OCS sources located within 25
miles of States' seaward boundaries, by State.
* * * * *
(d) * * *
(16) New York.
(i) 40 CFR part 52, subpart HH.
(ii) [Reserved]
* * * * *
(e) * * *
(16) New York.
(i) State Requirements.
(A) State of New York Requirements Applicable to OCS Sources,
October 20, 2007
(B) [Reserved]
(ii) Local requirements.
(A) [Reserved]
0
3. Amend Appendix A to part 55 by adding an entry for New York 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
* * * * *
New York
(a) State requirements.
(1) The following State of New York requirements are applicable
to OCS Sources, October 20, 2007. New York Environmental
Conservation Law--Department of Environmental Conservation. The
following sections of Title 6, Chapter III:
Part 200. General Provisions
6 NYCRR 200.1. Definitions (effective 8/9/06)
6 NYCRR 200.2. Safeguarding Information (effective 1/16/92)
6 NYCRR 200.3. False Statement (effective 6/16/72)
6 NYCRR 200.4. Severability (effective 8/9/84)
6 NYCRR 200.5. Sealing (effective 2/22/79)
6 NYCRR 200.6. Acceptable Ambient Air Quality (effective 4/6/83)
6 NYCRR 200.7. Maintenance of Equipment (effective 2/22/79)
6 NYCRR 200.8. Conflict of Interest (effective 1/12/75)
6 NYCRR 200.9. Referenced Material (effective 1/271/07)
[[Page 44924]]
6 NYCRR 200.10. Federal Standards and Requirements (effective 10/20/
07)
Part 201. Permits and Certificates
6 NYCRR 201-1. General Provisions (effective 7/7/96)
6 NYCRR 201-2. Definitions (effective 11/21/98)
6 NYCRR 201-3. Exemptions and Trivial Activities (effective 5/7/03)
6 NYCRR 201-4. Minor Facility Registrations (effective 7/7/96)
6 NYCRR 201-5. State Facility Permits (effective 7/7/96)
6 NYCRR 201-6. Title V Facility Permits (effective 1/18/02)
6 NYCRR 201-7. Federally Enforceable Emission Caps (effective 7/7/
96)
6 NYCRR 201-8. General Permits (effective 7/7/96)
Part 202. Emissions Verification
6 NYCRR 202-1. Emissions Testing, Sampling and Analytical
Determinations (effective 5/29/05)
6 NYCRR 202-2. Emission Statements (effective 5/29/05)
Part 204. NOX Budget Trading Program
6 NYCRR 204-1. General Provisions (effective 2/25/00)
6 NYCRR 204-2. Authorized Account Representative for NOX
Budget Sources (effective 2/25/00)
6 NYCRR 204-3. Permits (effective 2/25/00)
6 NYCRR 204-4. Compliance Certification (effective 2/25/00)
6 NYCRR 204-5. Allowance Allocations (effective 2/25/00)
6 NYCRR 204-6. Allowance Tracking System (effective 2/25/00)
6 NYCRR 204-7. NOX Allowance Transfers (effective 2/25/
00)
6 NYCRR 204-8. Monitoring and Reporting (effective 2/25/00)
6 NYCRR 204-9. Individual Unit Opt-ins (effective 2/25/00)
Part 207--Control Measures for Air Pollution Episode (Effective 2/22/
79)
Part 210--Emissions and Labeling Requirements for Personal Watercraft
Engines
6 NYCRR 210-1. Applicability and Definitions (effective 8/8/03)
6 NYCRR 210-2. Certification and Prohibitions (effective 8/8/03)
6 NYCRR 210-3. Family Emission Limits (effective 8/8/03)
6 NYCRR 210-4. In-Use Testing and Recall (effective 8/8/03)
6 NYCRR 210-5. Warranty (effective 8/8/03)
6 NYCRR 210-6. Production-Line Testing (effective 8/8/03)
6 NYCRR 210-7. Severability (effective 8/8/03)
Part 211--General Prohibitions (Effective 8/11/83)
Part 212--General Process Emission Sources (Effective 9/22/94)
Part 215--Open Fires (Effective 6/16/72)
Part 219--Incinerators
6 NYCRR 219-1. Incineration--General Provisions (effective 10/30/02)
6 NYCRR 219-2. Municipal and Private Solid Waste Incineration
Facilities (effective 5/21/05)
6 NYCRR 219-3. Infectious Waste Incineration Facilities (effective
12/31/88)
6 NYCRR 219-5. Existing Incinerators (effective 12/31/88)
6 NYCRR 219-6. Existing Incinerators--New York City, Nassau and
Westchester Counties (effective 12/31/88)
6 NYCRR 219-7. Mercury Emission Limitations for Large Municipal
Waste Combustors Constructed On or Before September 20, 1994
(effective 5/21/05)
6 NYCRR 219-8. Emission Guidelines and Compliance Times for Small
Municipal Waste Combustion Units Constructed On or Before August 30,
1999 (effective 10/18/02)
Part 225--Fuel Consumption and Use
6 NYCRR 225-1. Fuel Composition and Use--Sulfur Limitations
(effective 1/29/86)
6 NYCRR 225-2. Fuel Composition and Use--Waste Fuel (effective 11/5/
84)
6 NYCRR 225-3. Fuel Composition and Use--Gasoline (effective 11/4/
01)
6 NYCRR 225-4. Motor Vehicle Diesel Fuel (effective 5/8/05)
Part 226--Solvent Metal Cleaning Processes (Effective 5/7/03)
Part 227--Stationary Combustion Installations
6 NYCRR 227-1. Stationary Combustion Installations (effective 2/25/
00)
6 NYCRR 227-2. Reasonably Available Control Technology (RACT) for
Oxides of Nitrogen (NOX) (effective 2/11/04)
6 NYCRR 227-3. Pre-2003 Nitrogen Oxides Emissions Budget and
Allowance Program (effective 3/15/99)
Part 228--Surface Coating Processes (Effective 7/23/03)
Part 229--Petroleum and Volatile Organic Liquid Storage and Transfer
(Effective 4/4/93)
Part 231--New Source Review in Nonattainment Areas and Ozone Transport
Region
6 NYCRR 231-1. Requirements for Emission Sources Subject to the
Regulation Prior to November 15, 1992 (effective 10/15/94)
6 NYCRR 231-2. Requirements for Emission Sources Subject to the
Regulation On or After November 15, 1992 (effective 5/3/00)
Part 240--Conformity to State or Federal Implementation Plans
(Effective 10/22/04)
Part 243--CAIR NOX Ozone Season Trading Program
6 NYCRR 243-1. CAIR NOX Ozone Season Trading Program
General Provisions (effective 10/19/07)
6 NYCRR 243-2. CAIR Designated Representative for CAIR
NOX Ozone Season Sources (effective 10/19/07)
6 NYCRR 243-3. Permits (effective 10/19/07)
6 NYCRR 243-5. CAIR NOX Ozone Season Allowance
Allocations (effective 10/19/07)
6 NYCRR 243-6. CAIR NOX Ozone Season Allowance Tracking
System (effective 10/19/07)
6 NYCRR 243-7. CAIR NOX Ozone Season Allowance Transfers
(effective 10/19/07)
6 NYCRR 243-8. Monitoring and Reporting (effective 10/19/07)
6 NYCRR 243-9. CAIR NOX Ozone Season Opt-in Units
(effective 10/19/07)
Part 244--CAIR NOX Annual Trading Program
6 NYCRR 244-1. CAIR NOX Annual Trading Program General
Provisions (effective 10/19/07)
6 NYCRR 244-2. CAIR Designated Representative for CAIR
NOX Sources (effective 10/19/07)
6 NYCRR 244-3. Permits (effective 10/19/07)
6 NYCRR 244-5. CAIR NOX Allowance Allocations (effective
10/19/07)
6 NYCRR 244-6. CAIR NOX Allowance Tracking System
(effective 10/19/07)
6 NYCRR 244-7. CAIR NOX Allowance Transfers (effective
10/19/07)
6 NYCRR 244-8. Monitoring and Reporting (effective 10/19/07)
6 NYCRR 244-9. CAIR NOX Opt-in Units (effective 10/19/07)
Part 245--CAIR SO2 Trading Program
6 NYCRR 245-1. CAIR SO2 Trading Program General
Provisions (effective 10/19/07)
6 NYCRR 245-2. CAIR Designated Representative for CAIR
SO2 Sources (effective 10/19/07)
6 NYCRR 245-3. Permits (effective 10/19/07)
6 NYCRR 245-6. CAIR SO2 Allowance Tracking System
(effective 10/19/07)
6 NYCRR 245-7. CAIR SO2 Allowance Transfers (effective
10/19/07)
6 NYCRR 245-8. Monitoring and Reporting (effective 10/19/07)
6 NYCRR 245-9. CAIR SO2 Opt-in Units (effective 10/19/07)
* * * * *
[FR Doc. E8-17590 Filed 7-31-08; 8:45 am]
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