Outer Continental Shelf Air Regulations; Consistency Update for Maryland, 14078-14080 [2019-06874]
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Federal Register / Vol. 84, No. 68 / Tuesday, April 9, 2019 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 55
[EPA–R03–OAR–2014–0568; FRL–9991–92–
Region 3]
Outer Continental Shelf Air
Regulations; Consistency Update for
Maryland
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; consistency
update.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to update a
portion of the Outer Continental Shelf
(OCS) Air Regulations. Requirements
applying to OCS sources located within
25 miles of states’ seaward boundaries
must be updated periodically to remain
consistent with the requirements of the
corresponding onshore area (COA), as
mandated by the Clean Air Act (CAA).
The portion of the OCS air regulations
that is being updated pertains to the
requirements for OCS sources for which
Maryland is the designated COA. The
State of Maryland’s requirements
discussed in this document are
proposed to be incorporated by
reference into the Code of Federal
Regulations and listed in the appendix
to the OCS air regulations.
DATES: Written comments must be
received on or before May 9, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2014–0568 at https://
www.regulations.gov, or via email to
maldonado.zelma@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, 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. 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,
amozie on DSK9F9SC42PROD with PROPOSALS
SUMMARY:
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17:21 Apr 08, 2019
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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:
Amy Johansen, Office of Permits and
State Programs (3AP10), Air Protection
Division, U.S. Environmental Protection
Agency, Region 3, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2156.
Ms. Johansen can also be reached via
electronic mail at johansen.amy@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 4, 1992, EPA
promulgated 40 CFR part 55,1 which
established requirements to control air
pollution from OCS sources in order to
attain and maintain Federal and state
ambient air quality standards and to
comply with the provisions of part C of
title I of the CAA. The regulations at 40
CFR part 55 apply to all OCS sources
except those located in the Gulf of
Mexico west of 87.5 degrees longitude.
See 40 CFR 55.3(a). Section 328 of the
CAA requires that for such sources
located within 25 miles of a state’s
seaward boundary, the requirements
shall be the same as would be
applicable if the sources were located in
the COA. Because the OCS requirements
are based on onshore requirements, and
onshore requirements may change,
section 328(a)(1) requires that EPA
update the OCS requirements as
necessary to maintain consistency with
onshore requirements.
Pursuant to 40 CFR 55.12, consistency
reviews will occur (1) at least annually;
(2) upon receipt of a Notice of Intent
(NOI) under 40 CFR 55.4; or (3) when
a state or local agency submits a rule to
EPA to be considered for incorporation
by reference in 40 CFR part 55. This
proposed action is being updated, in
accordance with the requirements at 40
CFR 55.12, since the last update
occurred more than one year ago. 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 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
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.
PO 00000
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Fmt 4702
Sfmt 4702
onshore requirements. To comply with
this statutory mandate, EPA must
incorporate applicable onshore rules
into 40 CFR part 55 as they exist
onshore. This limits EPA’s flexibility in
deciding which requirements will be
incorporated into 40 CFR part 55 and
prevents EPA from making substantive
changes to the requirements it
incorporates. As a result, EPA may be
incorporating rules into 40 CFR part 55
that do not conform to all of EPA’s state
implementation plan (SIP) guidance or
certain requirements of the CAA.
Consistency updates may result in the
inclusion of state or local rules or
regulations into 40 CFR part 55, even
though the same rules may ultimately be
disapproved for inclusion as part of the
SIP. Inclusion in the OCS rule does not
imply that a rule meets the requirements
of the CAA for SIP approval, nor does
it imply that the rule will be approved
by EPA for inclusion in the SIP.
II. EPA Analysis
EPA reviewed Maryland’s rules for
inclusion in 40 CFR part 55 to ensure
that they are rationally related to the
attainment or maintenance of Federal or
state ambient air quality standards and
compliance with part C of title I of the
CAA, that they are not designed
expressly to prevent exploration and
development of the OCS, and that they
are potentially applicable to OCS
sources. See 40 CFR 55.1. EPA has also
evaluated the rules to ensure they are
not arbitrary or capricious. See 40 CFR
55.12(e). In addition, EPA has excluded
administrative or procedural rules, and
requirements that regulate toxics which
are not related to the attainment and
maintenance of Federal and state
ambient air quality standards.2
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 Regional
Office listed in the ADDRESSES section of
this Federal Register.
III. Proposed Action
EPA is proposing to incorporate the
rules potentially applicable to sources
for which the State of Maryland will be
the COA. The rules that EPA proposes
2 Each COA which has been delegated the
authority to implement and enforce 40 CFR part 55
will use its administrative and procedural rules as
onshore. However, in those instances where EPA
has not delegated authority to implement and
enforce 40 CFR part 55, EPA will use its own
administrative and procedural requirements to
implement the substantive requirements. See 40
CFR 55.14(c)(4).
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Federal Register / Vol. 84, No. 68 / Tuesday, April 9, 2019 / Proposed Rules
to incorporate are applicable provisions
of the Code of Maryland Regulations
(COMAR). The rules EPA proposes to
incorporate are listed in detail at the
end of the document. The intended
effect of proposing approval of the OCS
requirements for the Maryland
Department of the Environment (MDE)
is to regulate emissions from OCS
sources in accordance with the
requirements for onshore sources.
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IV. Incorporation by Reference
In this document, EPA is proposing to
include in a final EPA rule, regulatory
text that includes incorporation by
reference. In accordance with the
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
the applicable provisions of COMAR set
forth below. EPA has made, and will
continue to make, these materials
available through www.regulations.gov
and at the EPA Region III Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to establish
requirements to control air pollution
from OCS sources located within 25
miles of states’ seaward boundaries that
are the same as onshore air pollution
control requirements. To comply with
this statutory mandate, the EPA must
incorporate applicable onshore rules
into 40 CFR part 55 as they exist
onshore. See 42 U.S.C. 7627(a)(1); 40
CFR 55.12. Thus, in promulgating OCS
consistency updates, EPA’s role is to
maintain consistency between OCS
regulations and the regulations of
onshore areas, provided that they meet
the criteria of the CAA. Accordingly,
this action simply updates the existing
OCS requirements to make them
consistent with requirements onshore,
without the exercise of any policy
direction by EPA. For that reason, this
proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771
regulatory action because this action is
not significant under Executive Order
12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
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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 proposed rule
incorporating by reference sections of
COMAR, does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), because this action is not
approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or
preemptive tribal law.
Under the provisions of the
Paperwork Reduction Act, 44 U.S.C
3501 et seq., an agency may not conduct
or sponsor, and a person is not required
to respond to, a collection of
information unless it displays a
currently valid OMB control number.
OMB has approved the information
collection requirements contained in 40
CFR part 55 and, by extension, this
update to the rules, and has assigned
OMB control number 2060–0249. OMB
approved the EPA Information
Collection Request (ICR) No. 1601.08 on
September 18, 2017.3 The current
approval expires September 30, 2020.
The annual public reporting and
recordkeeping burden for collection of
information under 40 CFR part 55 is
estimated to average 643 hours per
response, using the definition of burden
provided in 44 U.S.C. 3502(2).
3 OMB’s approval of the ICR can be viewed at
www.reginfo.gov.
PO 00000
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Fmt 4702
Sfmt 4702
EPA is proposing to incorporate the
rules potentially applicable to sources
for which the State of Maryland will be
the COA. The rules that EPA proposes
to incorporate are applicable provisions
of COMAR.
List of Subjects in 40 CFR Part 55
Environmental protection,
Administrative practice and procedure,
Air pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Outer continental
shelf, Ozone, Particulate matter,
Permits, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: March 29, 2019.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
Part 55 of Chapter I, title 40 of the
Code of Federal Regulations is proposed
to be 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.
*
*
*
*
*
(e) * * *
(10) * * *
(i) * * *
(A) State of Maryland Requirements
Applicable to OCS Sources, December
06, 2018.
*
*
*
*
*
■ 3. Appendix A to part 55 is amended
by revising paragraph (a)(1) under the
heading ‘‘Maryland’’ to read as follows:
Appendix A to Part 55—Listing of State
and Local Requirements Incorporated
by Reference Into Part 55, by State
*
*
*
*
*
Maryland:
(a) * * *
(1) The following State of Maryland
requirements are applicable to OCS Sources,
December 06, 2018, State of Maryland–
Department of the Environment.
The following sections of Code of
Maryland Regulations (COMAR) Title 26
Subtitle 11:
COMAR 26.11.01—General Administrative
Provisions (Effective as of December 06,
2018)
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Federal Register / Vol. 84, No. 68 / Tuesday, April 9, 2019 / Proposed Rules
COMAR 26.11.02—Permits, Approvals, and
Registrations (Effective as of February 12,
2018)
COMAR 26.11.03—Permits, Approvals, and
Registration- Title V Permits (Effective as
of November 12, 2010)
COMAR 26.11.05—Air Pollution Episode
System (Effective as of November 12, 2010)
COMAR 26.11.06—General Emission
Standards, Prohibitions, and Restrictions
(Effective as of July 02, 2013)
COMAR 26.11.07—Open Fires (Effective as
of November 12, 2010)
COMAR 26.11.08—Control of Incinerators
(Effective as of December 06, 2018)
COMAR 26.11.09—Control of Fuel-Burning
Equipment, Stationary Internal
Combustion Engines and Certain FuelBurning Installations (Effective as of
December 06, 2018)
COMAR 26.11.13—Control of Gasoline and
Volatile Organic Compound Storage and
Handling (Effective as of July 21, 2014)
COMAR 26.11.15—Toxic Air Pollutants
(Effective as of November 12, 2010)
COMAR 26.11.16—Procedures Related to
Requirements for Toxic Air Pollutants
(Effective as of November 12, 2010)
COMAR 26.11.17—Nonattainment Provisions
for Major New Sources and Major
Modifications (Effective as of April 09,
2018)
COMAR 26.11.19—Volatile Organic
Compounds from Specific Processes
(Effective as of September 28, 2015)
COMAR 26.11.20—Mobile Sources (Effective
as of November 12, 2010)
COMAR 26.11.26—Conformity (Effective as
of November 12, 2010)
COMAR 26.11.35—Volatile Organic
Compounds from Adhesives and Sealants
(Effective as of November 12, 2010)
COMAR 26.11.36—Distributed Generation
(Effective as of February 12, 2018)
COMAR 26.11.39—Architectural and
Industrial Maintenance (AIM) Coatings
(Effective as of April 2016)
*
*
*
*
*
[FR Doc. 2019–06874 Filed 4–8–19; 8:45 am]
Correction
In the Federal Register of April 2,
2019, in FR Doc. 2019–06348, on page
12567, in the first column, correct the
DATES section, and in the second
column, correct the FOR FURTHER
INFORMATION CONTACT section to read:
DATES: Interested parties may file
comments on or before June 3, 2019;
and reply comments on or before July 1,
2019.
FOR FURTHER INFORMATION CONTACT:
Anna Gentry, Anna.Gentry@fcc.gov, of
the Wireless Telecommunications
Bureau, Mobility Division, (202) 418–
7769. For additional information
concerning the PRA information
collection requirements contained in
this document, contact Cathy Williams
at (202) 418–2918 or send an email to
PRA@fcc.gov.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2019–06930 Filed 4–8–19; 8:45 am]
BILLING CODE 6560–50–P
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
47 CFR Part 22
[WT Docket No. 19–38; FCC 19–22]
[WT Docket No. 12–40; FCC 19–26]
Partitioning, Disaggregation, and
Leasing of Spectrum
Cellular Service, Including Changes in
Licensing of Unserved Area
Federal Communications
Commission.
ACTION: Proposed rule; correction.
AGENCY:
AGENCY:
amozie on DSK9F9SC42PROD with PROPOSALS
spectrum access by small and rural
carriers. The document provided
incorrect dates by which parties may
file comments and reply comments, and
incorrect contact information. This
document corrects those dates and
contact information.
DATES: The comment date for the
proposed rule published April 2, 2019,
at 84 FR 12566, is corrected. Interested
parties may file comments on or before
June 3, 2019; and reply comments on or
before July 1, 2019.
FOR FURTHER INFORMATION CONTACT:
Anna Gentry, Mobility Division,
Wireless Telecommunications Bureau,
at (202) 418–7769, email: anna.gentry@
fcc.gov.
The Federal Communications
Commission (Commission) published a
document in the Federal Register of
April 2, 2019, regarding the
Commission’s exploration of how
potential changes to partitioning,
disaggregation, and leasing rules might
close the digital divide and to increase
SUMMARY:
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17:21 Apr 08, 2019
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Federal Communications
Commission.
ACTION: Denial of petition for
reconsideration.
In this document, the Federal
Communications Commission
(Commission) addresses the Petition for
Reconsideration (Petition) filed on
behalf of the Critical Messaging
Association (CMA) regarding the
Commission’s Third Report and Order
SUMMARY:
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Frm 00055
Fmt 4702
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in the Cellular Reform proceeding
(Cellular Third R&O). The Commission
denies the Petition.
DATES: As of May 9, 2019, the petition
is denied.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Nina Shafran, Wireless
Telecommunications Bureau, (202) 418–
2781 or TTY: (202) 418–7233.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order on
Reconsideration in the Cellular Reform
proceeding, WT Docket No. 12–40, RM
Nos. 11510 and 11660, FCC 19–26,
adopted March 20, 2019 and released
March 22, 2019 (Reconsideration
Order). The full text of the
Reconsideration Order is available for
inspection and copying during normal
business hours in the FCC Reference
Center, 445 12th Street SW, Room CY–
A257, Washington, DC 20554, or by
downloading the text from the
Commission’s website at https://
docs.fcc.gov/public/attachments/FCC19-26A1.pdf. Alternative formats are
available for people with disabilities
(Braille, large print, electronic files,
audio format), by sending an email to
FCC504@fcc.gov or calling the
Consumer and Government Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432 (TTY).
Synopsis
I. Introduction
1. In the Cellular Third R&O, 83 FR
37760 (Aug. 2, 2018), the Commission
deleted several administrative and
recordkeeping rules for Part 22
licensees, eliminating outdated burdens
that were inconsistent with the
Commission’s practices and the current
predominant use of electronic records
storage and access. The Commission
also deleted in its entirety a rule
regarding Equal Employment
Opportunity (EEO) requirements for Part
22 licensees (47 CFR 22.321). That Rule
contained a number of EEO provisions,
including paragraph (c) which required
each Part 22 licensee to file an EEO
complaints report annually regardless of
the licensee’s size. The Commission
noted that Rule 22.321 was subsumed
by another rule applying all such
requirements, including the annual EEO
complaints reporting requirement, to all
Commercial Mobile Radio Service
(CMRS) licensees—namely, Rule 90.168.
The Commission concluded that,
because all CMRS licensees, including
Part 22 CMRS licensees, are subject to
Rule 90.168, Rule 22.321 was rendered
E:\FR\FM\09APP1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 68 (Tuesday, April 9, 2019)]
[Proposed Rules]
[Pages 14078-14080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06874]
[[Page 14078]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[EPA-R03-OAR-2014-0568; FRL-9991-92-Region 3]
Outer Continental Shelf Air Regulations; Consistency Update for
Maryland
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; consistency update.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
update a portion of the Outer Continental Shelf (OCS) Air Regulations.
Requirements applying to OCS sources located within 25 miles of states'
seaward boundaries must be updated periodically to remain consistent
with the requirements of the corresponding onshore area (COA), as
mandated by the Clean Air Act (CAA). The portion of the OCS air
regulations that is being updated pertains to the requirements for OCS
sources for which Maryland is the designated COA. The State of
Maryland's requirements discussed in this document are proposed to be
incorporated by reference into the Code of Federal Regulations and
listed in the appendix to the OCS air regulations.
DATES: Written comments must be received on or before May 9, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2014-0568 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, 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. 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: Amy Johansen, Office of Permits and
State Programs (3AP10), Air Protection Division, U.S. Environmental
Protection Agency, Region 3, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. The telephone number is (215) 814-2156. Ms.
Johansen can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ which
established requirements to control air pollution from OCS sources in
order to attain and maintain Federal and state ambient air quality
standards and to comply with the provisions of part C of title I of the
CAA. The regulations at 40 CFR part 55 apply to all OCS sources except
those located in the Gulf of Mexico west of 87.5 degrees longitude. See
40 CFR 55.3(a). Section 328 of the CAA requires that for such sources
located within 25 miles of a state's seaward boundary, the requirements
shall be the same as would be applicable if the sources were located in
the COA. Because the OCS requirements are based on onshore
requirements, and onshore requirements may change, section 328(a)(1)
requires that 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 40 CFR 55.12, consistency reviews will occur (1) at
least annually; (2) upon receipt of a Notice of Intent (NOI) under 40
CFR 55.4; or (3) when a state or local agency submits a rule to EPA to
be considered for incorporation by reference in 40 CFR part 55. This
proposed action is being updated, in accordance with the requirements
at 40 CFR 55.12, since the last update occurred more than one year ago.
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 CAA requires that EPA establish requirements
to control air pollution from OCS sources located within 25 miles of
States' seaward boundaries that are the same as onshore requirements.
To comply with this statutory mandate, EPA must incorporate applicable
onshore rules into 40 CFR part 55 as they exist onshore. This limits
EPA's flexibility in deciding which requirements will be incorporated
into 40 CFR part 55 and prevents EPA from making substantive changes to
the requirements it incorporates. As a result, EPA may be incorporating
rules into 40 CFR part 55 that do not conform to all of EPA's state
implementation plan (SIP) guidance or certain requirements of the CAA.
Consistency updates may result in the inclusion of state or local rules
or regulations into 40 CFR part 55, even though the same rules may
ultimately be disapproved for inclusion as part of the SIP. Inclusion
in the OCS rule does not imply that a rule meets the requirements of
the CAA for SIP approval, nor does it imply that the rule will be
approved by EPA for inclusion in the SIP.
II. EPA Analysis
EPA reviewed Maryland's rules for inclusion in 40 CFR part 55 to
ensure that they are rationally related to the attainment or
maintenance of Federal or state ambient air quality standards and
compliance with part C of title I of the CAA, that they are not
designed expressly to prevent exploration and development of the OCS,
and that they are potentially applicable to OCS sources. See 40 CFR
55.1. EPA has also evaluated the rules to ensure they are not arbitrary
or capricious. See 40 CFR 55.12(e). In addition, EPA has excluded
administrative or procedural rules, and requirements that regulate
toxics which are not related to the attainment and maintenance of
Federal and state ambient air quality standards.\2\
---------------------------------------------------------------------------
\2\ Each COA which has been delegated the authority to implement
and enforce 40 CFR part 55 will use its administrative and
procedural rules as onshore. However, in those instances where EPA
has not delegated authority to implement and enforce 40 CFR part 55,
EPA will use its own administrative and procedural requirements to
implement the substantive requirements. See 40 CFR 55.14(c)(4).
---------------------------------------------------------------------------
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 Regional Office listed in the ADDRESSES section of
this Federal Register.
III. Proposed Action
EPA is proposing to incorporate the rules potentially applicable to
sources for which the State of Maryland will be the COA. The rules that
EPA proposes
[[Page 14079]]
to incorporate are applicable provisions of the Code of Maryland
Regulations (COMAR). The rules EPA proposes to incorporate are listed
in detail at the end of the document. The intended effect of proposing
approval of the OCS requirements for the Maryland Department of the
Environment (MDE) is to regulate emissions from OCS sources in
accordance with the requirements for onshore sources.
IV. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule,
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the applicable provisions of COMAR set forth below. EPA has
made, and will continue to make, these materials available through
www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to establish
requirements to control air pollution from OCS sources located within
25 miles of states' seaward boundaries that are the same as onshore air
pollution control requirements. To comply with this statutory mandate,
the EPA must incorporate applicable onshore rules into 40 CFR part 55
as they exist onshore. See 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in
promulgating OCS consistency updates, EPA's role is to maintain
consistency between OCS regulations and the regulations of onshore
areas, provided that they meet the criteria of the CAA. Accordingly,
this action simply updates the existing OCS requirements to make them
consistent with requirements onshore, without the exercise of any
policy direction by EPA. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 regulatory action because
this action is not significant under Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (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 proposed rule incorporating by reference sections
of COMAR, does not have tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000), because this action is not
approved to apply in Indian country located in the state, and EPA notes
that it will not impose substantial direct costs on tribal governments
or preemptive tribal law.
Under the provisions of the Paperwork Reduction Act, 44 U.S.C 3501
et seq., an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. OMB has approved the information
collection requirements contained in 40 CFR part 55 and, by extension,
this update to the rules, and has assigned OMB control number 2060-
0249. OMB approved the EPA Information Collection Request (ICR) No.
1601.08 on September 18, 2017.\3\ The current approval expires
September 30, 2020. The annual public reporting and recordkeeping
burden for collection of information under 40 CFR part 55 is estimated
to average 643 hours per response, using the definition of burden
provided in 44 U.S.C. 3502(2).
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\3\ OMB's approval of the ICR can be viewed at www.reginfo.gov.
---------------------------------------------------------------------------
EPA is proposing to incorporate the rules potentially applicable to
sources for which the State of Maryland will be the COA. The rules that
EPA proposes to incorporate are applicable provisions of COMAR.
List of Subjects in 40 CFR Part 55
Environmental protection, Administrative practice and procedure,
Air pollution control, Carbon monoxide, Incorporation by reference,
Intergovernmental relations, Lead, Nitrogen dioxide, Outer continental
shelf, Ozone, Particulate matter, Permits, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 29, 2019.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
Part 55 of Chapter I, title 40 of the Code of Federal Regulations
is proposed to be amended as follows:
PART 55--OUTER CONTINENTAL SHELF AIR REGULATIONS
0
1. The authority citation for part 55 continues to read as follows:
Authority: Section 328 of the Clean Air Act (42 U.S.C. 7401 et
seq.) as amended by Public Law 101-549.
0
2. Section 55.14 is amended by revising paragraph (e)(10)(i)(A) to read
as follows:
Sec. 55.14 Requirements that apply to OCS sources located within 25
miles of States' seaward boundaries, by State.
* * * * *
(e) * * *
(10) * * *
(i) * * *
(A) State of Maryland Requirements Applicable to OCS Sources,
December 06, 2018.
* * * * *
0
3. Appendix A to part 55 is amended by revising paragraph (a)(1) under
the heading ``Maryland'' to read as follows:
Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, by State
* * * * *
Maryland:
(a) * * *
(1) The following State of Maryland requirements are applicable
to OCS Sources, December 06, 2018, State of Maryland-Department of
the Environment.
The following sections of Code of Maryland Regulations (COMAR)
Title 26 Subtitle 11:
COMAR 26.11.01--General Administrative Provisions (Effective as of
December 06, 2018)
[[Page 14080]]
COMAR 26.11.02--Permits, Approvals, and Registrations (Effective as
of February 12, 2018)
COMAR 26.11.03--Permits, Approvals, and Registration- Title V
Permits (Effective as of November 12, 2010)
COMAR 26.11.05--Air Pollution Episode System (Effective as of
November 12, 2010)
COMAR 26.11.06--General Emission Standards, Prohibitions, and
Restrictions (Effective as of July 02, 2013)
COMAR 26.11.07--Open Fires (Effective as of November 12, 2010)
COMAR 26.11.08--Control of Incinerators (Effective as of December
06, 2018)
COMAR 26.11.09--Control of Fuel-Burning Equipment, Stationary
Internal Combustion Engines and Certain Fuel-Burning Installations
(Effective as of December 06, 2018)
COMAR 26.11.13--Control of Gasoline and Volatile Organic Compound
Storage and Handling (Effective as of July 21, 2014)
COMAR 26.11.15--Toxic Air Pollutants (Effective as of November 12,
2010)
COMAR 26.11.16--Procedures Related to Requirements for Toxic Air
Pollutants (Effective as of November 12, 2010)
COMAR 26.11.17--Nonattainment Provisions for Major New Sources and
Major Modifications (Effective as of April 09, 2018)
COMAR 26.11.19--Volatile Organic Compounds from Specific Processes
(Effective as of September 28, 2015)
COMAR 26.11.20--Mobile Sources (Effective as of November 12, 2010)
COMAR 26.11.26--Conformity (Effective as of November 12, 2010)
COMAR 26.11.35--Volatile Organic Compounds from Adhesives and
Sealants (Effective as of November 12, 2010)
COMAR 26.11.36--Distributed Generation (Effective as of February 12,
2018)
COMAR 26.11.39--Architectural and Industrial Maintenance (AIM)
Coatings (Effective as of April 2016)
* * * * *
[FR Doc. 2019-06874 Filed 4-8-19; 8:45 am]
BILLING CODE 6560-50-P
