Outer Continental Shelf Air Regulations Consistency Update for Maryland, 62393-62395 [2016-21460]
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62393
Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
§ 81.315
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Indiana.
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INDIANA—1997 ANNUAL PM2.5 NAAQS
[Primary and secondary]
Designation a
Classification
Designated area
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Louisville, KY-IN ..............................................................................................
Clark County.
Floyd County.
Jefferson County (part) Madison Township.
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a Includes
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Indian Country located in each county or area, except as otherwise specified.
date is 90 days after January 5, 2005, unless otherwise noted.
date is July 2, 2014, unless otherwise noted.
direct final rule in the Federal Register
and inform the public that the rule will
not take effect. The incorporation by
reference of certain publications listed
in the rule is approved by the Director
of the Federal Register as of November
8, 2016.
[FR Doc. 2016–21457 Filed 9–8–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 55
Outer Continental Shelf Air
Regulations Consistency Update for
Maryland
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve an update to a portion
of the Outer Continental Shelf (OCS) Air
Regulations for Maryland. Requirements
applying to OCS sources located within
25 miles of states’ seaward boundaries
must be updated periodically to remain
consistent with the requirements of the
corresponding onshore area (COA), as
mandated by the Clean Air Act, as
amended in 1990 (CAA or the Act). The
portion of the OCS air regulations that
is being updated pertains to the
requirements for OCS sources for which
Maryland is the designated COA. The
intended effect of approving the OCS
requirements for the Maryland
Department of the Environment is to
regulate emissions from OCS sources in
accordance with the requirements for
onshore sources.
DATES: This rule is effective on
November 8, 2016 without further
notice, unless EPA receives adverse
written comment by October 11, 2016.
If EPA receives such comments, it will
publish a timely withdrawal of the
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SUMMARY:
VerDate Sep<11>2014
15:26 Sep 08, 2016
Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2014–0568 at https://
www.regulations.gov, or via email to
campbell.dave@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
ADDRESSES:
[EPA–R03–OAR–2014–0568; FRL–9950–98–
Region 3]
Jkt 238001
FOR FURTHER INFORMATION CONTACT:
David Talley, (215) 814–2117, or by
email at talley.david@epa.gov.
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SUPPLEMENTARY INFORMATION:
I. Background
On September 4, 1992, EPA
promulgated 40 CFR part 55 which
established requirements to control air
pollution from OCS sources in order to
attain and maintain federal and state
ambient air quality standards and to
comply with the provisions of part C of
title I of the CAA. Forty CFR part 55
applies to all OCS sources offshore of
the states except those locations in the
Gulf of Mexico west of 87.5 degrees
longitude. Section 328 of the CAA
requires that for such source locations
within 25 miles of a state’s seaward
boundary, the requirements shall be the
same as would be applicable if the
source were located in the COA.
Because the OCS requirements are based
on onshore requirements, and onshore
requirements may change, section
328(a)(1) requires that EPA update the
OCS requirements as necessary to
maintain consistency with onshore
requirements.
Pursuant to 40 CFR 55.12 of the OCS
rule, consistency reviews will occur: (1)
At least annually; (2) upon receipt of a
Notice of Intent under 40 CFR 55.4; or,
(3) when a state or local agency submits
a rule to EPA to be considered for
incorporation by reference in 40 CFR
part 55. This action is being taken in
response to requirements submitted by
Maryland on May 6, 2016. 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 the
corresponding onshore requirements. To
comply with this statutory mandate,
EPA must incorporate applicable
onshore rules into 40 CFR part 55 as
they exist for onshore sources. This
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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
limits EPA’s flexibility in deciding
which requirements will be
incorporated into 40 CFR part 55 and
prevents EPA from making substantive
changes to the requirements it
incorporates. As a result, EPA may be
incorporating rules into 40 CFR part 55
that do not conform to all of EPA’s state
implementation plan (SIP) guidance or
certain requirements of the Act.
Consistency updates may result in the
inclusion of state or local rules or
regulations into 40 CFR part 55, even
though the same rules may ultimately be
disapproved for inclusion as part of the
SIP. Inclusion in the OCS rule does not
imply that a rule meets the requirements
of the 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
EPA reviewed Maryland’s rules for
inclusion in 40 CFR part 55 to ensure
that they are rationally related to the
attainment or maintenance of federal or
state ambient air quality standards or
part C of title I of the CAA; that they are
not designed expressly to prevent
exploration and development of the
OCS; and, that they are applicable to
OCS sources. EPA has also evaluated
the rules to ensure they are not arbitrary
or capricious. In addition, EPA has
excluded administrative or procedural
rules 1 and requirements that regulate
toxics which are not related to the
attainment and maintenance of federal
and state ambient air quality standards.
EPA finds that Maryland’s rules meet
these requirements.
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III. Final Action
EPA is taking direct final action to
incorporate the applicable provisions of
the Code of Maryland Regulations into
40 CFR part 55 as required under
section 328(a)(1) of the CAA. EPA is
publishing this rule without prior
proposal because EPA views this as a
noncontroversial amendment and
anticipates no adverse comment.
However, in the ‘‘Proposed Rules’’
section of this Federal Register, EPA is
publishing a separate document that
will serve as the proposal to approve the
update to Maryland’s OCS regulations if
adverse comments are filed. This rule
will be effective on November 8, 2016
without further notice unless EPA
receives adverse comment by October
1 Each COA that has been delegated the authority
to implement and enforce 40 CFR part 55 will use
its administrative and procedural rules as if
onshore. However, in those instances where EPA
has not delegated authority to implement and
enforce 40 CFR part 55, EPA will use its own
administrative and procedural requirements to
implement the substantive requirements.
VerDate Sep<11>2014
15:26 Sep 08, 2016
Jkt 238001
11, 2016. If EPA receives adverse
comment, EPA will publish a timely
withdrawal in the Federal Register
informing the public that the rule will
not take effect. EPA will address all
public comments in a subsequent final
rule based on the proposed rule. EPA
will not institute a second comment
period on this action. Any parties
interested in commenting must do so at
this time.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of Maryland
Regulations described in the
amendments to 40 CFR part 55 set forth
below. The EPA has made, and will
continue to make, these documents
generally available electronically
through www.regulations.gov and/or in
hard copy at the appropriate EPA office
(see the ADDRESSES section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to establish requirements to
control air pollution from OCS sources
located within 25 miles of states’
seaward boundaries that are the same as
the corresponding onshore air quality
control requirements. To comply with
this statutory mandate, EPA must
incorporate applicable onshore rules
into 40 CFR part 55. 42 U.S.C.
7627(a)(1); 40 CFR 55.12. Thus, in
promulgating OCS consistency updates,
EPA’s role is to maintain consistency
between OCS regulations and the
corresponding regulations for onshore
areas, provided that they meet the
criteria of the CAA. Accordingly, this
action simply updates the existing OCS
requirements to make them consistent
with the requirements for onshore areas,
without the exercise of any policy
discretion by EPA. For that reason, this
action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
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under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and,
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the OCS
requirements are not approved to apply
in Indian country located in the state,
and EPA notes that it will not impose
substantial direct costs on tribal
governments or preempt tribal law.
B. Submission to Congress and the
Comptroller General
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 action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
circuit by November 8, 2016. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of this Federal Register, rather than file
an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking action.
This action pertaining to OCS sources
in Maryland 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, Carbon monoxide,
Hydrocarbons, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Outer
Continental Shelf, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: August 2, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
For the reasons discussed in the
preamble, 40 CFR part 55 is amended as
follows:
PART 55—OUTER CONTINENTAL
SHELF AIR REGULATIONS
1. The authority citation for part 55
continues to read as follows:
■
Authority: Section 328 of the Clean Air Act
(42 U.S.C. 7401, et seq.) as amended by
Public Law 101–549.
2. Section 55.14 is amended by
revising paragraph (e)(10)(i)(A) to read
as follows:
■
§ 55.14 Requirements that apply to OCS
sources located within 25 miles of States’
seaward boundaries, by State.
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(e) * * *
(10) * * *
(i) * * *
(A) State of Maryland Requirements
Applicable to OCS Sources, May 6,
2016.
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VerDate Sep<11>2014
15:26 Sep 08, 2016
Jkt 238001
3. In appendix A to part 55, the entry
for Maryland is revised to read as
follows:
■
Appendix A to Part 55—Listing of State
and Local Requirements Incorporated
by Reference Into Part 55, by State
*
*
*
*
*
Maryland:
(a) State Requirements.
(1) The following State of Maryland
requirements are applicable to OCS Sources,
May 6, 2016, State of Maryland—Department
of the Environment. The following sections
of Code of Maryland Regulations (COMAR)
Title 26 Subtitle 11:
COMAR 26.11.01—General Administrative
Provisions (Effective as of February 15,
2016)
COMAR 26.11.02—Permits, Approvals, and
Registrations (Effective as of December 10,
2015)
COMAR 26.11.03—Permits, Approvals, and
Registration—Title V Permits (Effective as
of November 12, 2010)
COMAR 26.11.05—Air Pollution Episode
System (Effective as of November 12, 2010)
COMAR 26.11.06—General Emission
Standards, Prohibitions, and Restrictions
(Effective as of July 08, 2013)
COMAR 26.11.07—Open Fires (Effective as
of November 12, 2010)
COMAR 26.11.08—Control of Incinerators
(Effective as of February 15, 2016)
COMAR 26.11.09—Control of Fuel-Burning
Equipment, Stationary Internal
Combustion Engines and Certain FuelBurning Installations (Effective as of July
20, 2015)
COMAR 26.11.13—Control of Gasoline and
Volatile Organic Compound Storage and
Handling (Effective as of July 21, 2014)
COMAR 26.11.15—Toxic Air Pollutants
(Effective as of November 12, 2010)
COMAR 26.11.16—Procedures Related to
Requirements for Toxic Air Pollutants
(Effective as of November 12, 2010)
COMAR 26.11.17—Nonattainment Provisions
for Major New Sources and Major
Modifications (Effective as of July 08, 2013)
COMAR 26.11.19—Volatile Organic
Compounds from Specific Processes
(Effective as of September 28, 2015, 2012)
COMAR 26.11.20—Mobile Sources (Effective
as of November 12, 2010)
COMAR 26.11.26—Conformity (Effective as
of November 12, 2010)
COMAR 26.11.33—Architectural Coatings
(Effective as of November 12, 2010)
COMAR 26.11.35—Volatile Organic
Compounds from Adhesives and Sealants
(Effective as of November 12, 2010)
COMAR 26.11.36—Distributed Generation
(Effective as of June 13, 2011)
COMAR 26.11.39—Architectural and
Industrial Maintenance (AIM) Coatings
(Effective as of April 2016)
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[FR Doc. 2016–21460 Filed 9–8–16; 8:45 am]
BILLING CODE 6560–50–P
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62395
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 127
[FRL–9951–76–OECA]
NPDES Electronic Reporting Rule
Implementation Guidance
Environmental Protection
Agency (EPA).
ACTION: Notice of guidance.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) recently
promulgated the NPDES Electronic
Reporting Rule (‘‘final rule’’) to
modernize Clean Water Act reporting
for municipalities, industries, and other
facilities by converting to an electronic
data reporting system. This final rule
requires regulated entities and state and
Federal regulators to use existing,
available information technology to
electronically report data required by
the National Pollutant Discharge
Elimination System (NPDES) permit
program instead of filing written paper
reports.
This action will save time and
resources for permittees, states, tribes,
territories, and the U.S. Government
while increasing data accuracy,
improving compliance, and supporting
EPA’s goal of providing better
protection of the nation’s waters. This
regulation will help provide greater
clarity on who is and who is not in
compliance and enhances transparency
by providing a timelier, complete, more
accurate, and nationally-consistent set
of data about the NPDES program.
The final rule requires EPA to publish
in the Federal Register a listing of the
initial recipients for electronic NPDES
information from NPDES-regulated
facilities by state, tribe, and territory
and by NPDES data group. This listing
must identify for NPDES-regulated
facilities the initial recipient of their
NPDES electronic data submissions and
the due date for these NPDES electronic
data submissions. This Federal Register
document provides an overview of the
‘‘initial recipient’’ term as well as the
listing of the initial recipients by state,
tribe, and territory and by NPDES data
group and the due date for NPDES
electronic data submissions. In
accordance with the final rule, EPA will
update this listing on its Web site and
in the Federal Register if there are any
changes.
DATES: September 9, 2016.
FOR FURTHER INFORMATION CONTACT: For
additional information, please contact
Mr. Carey A. Johnston (202–566–1014),
Office of Compliance (mail code
SUMMARY:
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Agencies
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Rules and Regulations]
[Pages 62393-62395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21460]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[EPA-R03-OAR-2014-0568; FRL-9950-98-Region 3]
Outer Continental Shelf Air Regulations Consistency Update for
Maryland
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve an update to a portion of the Outer Continental
Shelf (OCS) Air Regulations for Maryland. Requirements applying to OCS
sources located within 25 miles of states' seaward boundaries must be
updated periodically to remain consistent with the requirements of the
corresponding onshore area (COA), as mandated by the Clean Air Act, as
amended in 1990 (CAA or the Act). The portion of the OCS air
regulations that is being updated pertains to the requirements for OCS
sources for which Maryland is the designated COA. The intended effect
of approving the OCS requirements for the Maryland Department of the
Environment is to regulate emissions from OCS sources in accordance
with the requirements for onshore sources.
DATES: This rule is effective on November 8, 2016 without further
notice, unless EPA receives adverse written comment by October 11,
2016. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register as of November 8, 2016.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2014-0568 at https://www.regulations.gov, or via email to
campbell.dave@epa.gov. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: David Talley, (215) 814-2117, or by
email at talley.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 4, 1992, EPA promulgated 40 CFR part 55 which
established requirements to control air pollution from OCS sources in
order to attain and maintain federal and state ambient air quality
standards and to comply with the provisions of part C of title I of the
CAA. Forty CFR part 55 applies to all OCS sources offshore of the
states except those locations in the Gulf of Mexico west of 87.5
degrees longitude. Section 328 of the CAA requires that for such source
locations within 25 miles of a state's seaward boundary, the
requirements shall be the same as would be applicable if the source
were located in the COA. Because the OCS requirements are based on
onshore requirements, and onshore requirements may change, section
328(a)(1) requires that EPA update the OCS requirements as necessary to
maintain consistency with onshore requirements.
Pursuant to 40 CFR 55.12 of the OCS rule, consistency reviews will
occur: (1) At least annually; (2) upon receipt of a Notice of Intent
under 40 CFR 55.4; or, (3) when a state or local agency submits a rule
to EPA to be considered for incorporation by reference in 40 CFR part
55. This action is being taken in response to requirements submitted by
Maryland on May 6, 2016. 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 the corresponding onshore requirements. To comply with this
statutory mandate, EPA must incorporate applicable onshore rules into
40 CFR part 55 as they exist for onshore sources. This
[[Page 62394]]
limits EPA's flexibility in deciding which requirements will be
incorporated into 40 CFR part 55 and prevents EPA from making
substantive changes to the requirements it incorporates. As a result,
EPA may be incorporating rules into 40 CFR part 55 that do not conform
to all of EPA's state implementation plan (SIP) guidance or certain
requirements of the Act. Consistency updates may result in the
inclusion of state or local rules or regulations into 40 CFR part 55,
even though the same rules may ultimately be disapproved for inclusion
as part of the SIP. Inclusion in the OCS rule does not imply that a
rule meets the requirements of the 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
EPA reviewed Maryland's rules for inclusion in 40 CFR part 55 to
ensure that they are rationally related to the attainment or
maintenance of federal or state ambient air quality standards or part C
of title I of the CAA; that they are not designed expressly to prevent
exploration and development of the OCS; and, that they are applicable
to OCS sources. EPA has also evaluated the rules to ensure they are not
arbitrary or capricious. In addition, EPA has excluded administrative
or procedural rules \1\ and requirements that regulate toxics which are
not related to the attainment and maintenance of federal and state
ambient air quality standards. EPA finds that Maryland's rules meet
these requirements.
---------------------------------------------------------------------------
\1\ Each COA that has been delegated the authority to implement
and enforce 40 CFR part 55 will use its administrative and
procedural rules as if onshore. However, in those instances where
EPA has not delegated authority to implement and enforce 40 CFR part
55, EPA will use its own administrative and procedural requirements
to implement the substantive requirements.
---------------------------------------------------------------------------
III. Final Action
EPA is taking direct final action to incorporate the applicable
provisions of the Code of Maryland Regulations into 40 CFR part 55 as
required under section 328(a)(1) of the CAA. EPA is publishing this
rule without prior proposal because EPA views this as a
noncontroversial amendment and anticipates no adverse comment. However,
in the ``Proposed Rules'' section of this Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the update to Maryland's OCS regulations if adverse comments
are filed. This rule will be effective on November 8, 2016 without
further notice unless EPA receives adverse comment by October 11, 2016.
If EPA receives adverse comment, EPA will publish a timely withdrawal
in the Federal Register informing the public that the rule will not
take effect. EPA will address all public comments in a subsequent final
rule based on the proposed rule. EPA will not institute a second
comment period on this action. Any parties interested in commenting
must do so at this time.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of Maryland
Regulations described in the amendments to 40 CFR part 55 set forth
below. The EPA has made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the appropriate EPA office (see the ADDRESSES section
of this preamble for more information).
V. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to establish
requirements to control air pollution from OCS sources located within
25 miles of states' seaward boundaries that are the same as the
corresponding onshore air quality control requirements. To comply with
this statutory mandate, EPA must incorporate applicable onshore rules
into 40 CFR part 55. 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in
promulgating OCS consistency updates, EPA's role is to maintain
consistency between OCS regulations and the corresponding regulations
for onshore areas, provided that they meet the criteria of the CAA.
Accordingly, this action simply updates the existing OCS requirements
to make them consistent with the requirements for onshore areas,
without the exercise of any policy discretion by EPA. For that reason,
this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and,
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the OCS requirements are not approved to apply in Indian
country located in the state, and EPA notes that it will not impose
substantial direct costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
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 action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate
[[Page 62395]]
circuit by November 8, 2016. Filing a petition for reconsideration by
the Administrator of this final rule does not affect the finality of
this action for the purposes of judicial review nor does it extend the
time within which a petition for judicial review may be filed, and
shall not postpone the effectiveness of such rule or action. Parties
with objections to this direct final rule are encouraged to file a
comment in response to the parallel notice of proposed rulemaking for
this action published in the proposed rules section of this Federal
Register, rather than file an immediate petition for judicial review of
this direct final rule, so that EPA can withdraw this direct final rule
and address the comment in the proposed rulemaking action.
This action pertaining to OCS sources in Maryland 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, Carbon monoxide, Hydrocarbons, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Outer
Continental Shelf, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 2, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
For the reasons discussed in the preamble, 40 CFR part 55 is
amended as follows:
PART 55--OUTER CONTINENTAL SHELF AIR REGULATIONS
0
1. The authority citation for part 55 continues to read as follows:
Authority: Section 328 of the Clean Air Act (42 U.S.C. 7401, et
seq.) as amended by Public Law 101-549.
0
2. Section 55.14 is amended by revising paragraph (e)(10)(i)(A) to read
as follows:
Sec. 55.14 Requirements that apply to OCS sources located within 25
miles of States' seaward boundaries, by State.
* * * * *
(e) * * *
(10) * * *
(i) * * *
(A) State of Maryland Requirements Applicable to OCS Sources, May
6, 2016.
* * * * *
0
3. In appendix A to part 55, the entry for Maryland is revised to read
as follows:
Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, by State
* * * * *
Maryland:
(a) State Requirements.
(1) The following State of Maryland requirements are applicable
to OCS Sources, May 6, 2016, State of Maryland--Department of the
Environment. The following sections of Code of Maryland Regulations
(COMAR) Title 26 Subtitle 11:
COMAR 26.11.01--General Administrative Provisions (Effective as of
February 15, 2016)
COMAR 26.11.02--Permits, Approvals, and Registrations (Effective as
of December 10, 2015)
COMAR 26.11.03--Permits, Approvals, and Registration--Title V
Permits (Effective as of November 12, 2010)
COMAR 26.11.05--Air Pollution Episode System (Effective as of
November 12, 2010)
COMAR 26.11.06--General Emission Standards, Prohibitions, and
Restrictions (Effective as of July 08, 2013)
COMAR 26.11.07--Open Fires (Effective as of November 12, 2010)
COMAR 26.11.08--Control of Incinerators (Effective as of February
15, 2016)
COMAR 26.11.09--Control of Fuel-Burning Equipment, Stationary
Internal Combustion Engines and Certain Fuel-Burning Installations
(Effective as of July 20, 2015)
COMAR 26.11.13--Control of Gasoline and Volatile Organic Compound
Storage and Handling (Effective as of July 21, 2014)
COMAR 26.11.15--Toxic Air Pollutants (Effective as of November 12,
2010)
COMAR 26.11.16--Procedures Related to Requirements for Toxic Air
Pollutants (Effective as of November 12, 2010)
COMAR 26.11.17--Nonattainment Provisions for Major New Sources and
Major Modifications (Effective as of July 08, 2013)
COMAR 26.11.19--Volatile Organic Compounds from Specific Processes
(Effective as of September 28, 2015, 2012)
COMAR 26.11.20--Mobile Sources (Effective as of November 12, 2010)
COMAR 26.11.26--Conformity (Effective as of November 12, 2010)
COMAR 26.11.33--Architectural Coatings (Effective as of November 12,
2010)
COMAR 26.11.35--Volatile Organic Compounds from Adhesives and
Sealants (Effective as of November 12, 2010)
COMAR 26.11.36--Distributed Generation (Effective as of June 13,
2011)
COMAR 26.11.39--Architectural and Industrial Maintenance (AIM)
Coatings (Effective as of April 2016)
* * * * *
[FR Doc. 2016-21460 Filed 9-8-16; 8:45 am]
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