Outer Continental Shelf Air Regulations; Consistency Update for Maryland, 34065-34067 [2019-14986]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 137 / Wednesday, July 17, 2019 / Rules and Regulations
telephone number is (215) 814–2156.
Mrs. Johansen can also be reached via
electronic mail at johansen.amy@
epa.gov.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 55
[EPA–R03–OAR–2014–0568; FRL–9995–39Region 3]
SUPPLEMENTARY INFORMATION:
I. Background
jbell on DSK3GLQ082PROD with RULES
Outer Continental Shelf Air
Regulations; Consistency Update for
Maryland
On April 9, 2019 (84 FR 14078), EPA
published a Notice of Proposed
Rulemaking (NPRM) proposing to
approve various Maryland air pollution
AGENCY: Environmental Protection
control requirements for inclusion in
Agency (EPA).
the updated compilation of ‘‘State of
ACTION: Final rule.
Maryland Requirements Applicable to
SUMMARY: The Environmental Protection OCS Sources,’’ dated December 6, 2018,
which is incorporated by reference into
Agency (EPA) is updating a portion of
40 CFR part 55. EPA did not receive any
the Outer Continental Shelf (OCS) Air
comments on the NPRM.
Regulations. Requirements applying to
Pursuant to 40 CFR 55.12, consistency
OCS sources located within 25 miles of
reviews will occur (1) at least annually;
states’ seaward boundaries must be
(2) upon receipt of a Notice of Intent
updated periodically to remain
(NOI) under 40 CFR 55.4; or (3) when
consistent with the requirements of the
a state or local agency submits a rule to
corresponding onshore area (COA), as
EPA to be considered for incorporation
mandated by section 328(a)(1) of the
Clean Air Act (CAA). The portion of the by reference in 40 CFR part 55. This
action is being taken to update 40 CFR
OCS air regulations that is being
updated pertains to the requirements for part 55, in accordance with the
requirements at 40 CFR part 55.12, since
OCS sources for which Maryland is the
the last consistency update occurred
designated COA. The State of
more than one year ago.
Maryland’s requirements discussed in
Section 328(a) of the CAA requires
this document, and listed in the
that EPA establish requirements to
appendix to the Federal OCS air
control air pollution from OCS sources
regulations, are approved for
located within 25 miles of States’
incorporation into the compilation of
seaward boundaries that are the same as
state provisions that is incorporated by
onshore requirements. To comply with
reference.
this statutory mandate, EPA must
DATES: This rule is effective on August
incorporate applicable onshore rules
16, 2019. The incorporation by reference into 40 CFR part 55 as they exist
of a certain publication listed in this
onshore. This limits EPA’s flexibility in
rule is approved by the Director of the
deciding which requirements will be
Federal Register as of August 16, 2019.
incorporated into 40 CFR part 55 and
ADDRESSES: EPA has established a
prevents EPA from making substantive
docket for this action under Docket ID
changes to the requirements it
Number EPA–R03–OAR–2014–0568. All incorporates. As a result, EPA may be
documents in the docket are listed on
incorporating rules into 40 CFR part 55
the https://www.regulations.gov
that do not conform to all of EPA’s state
website. Although listed in the index,
implementation plan (SIP) guidance or
some information is not publicly
certain requirements of the CAA.
available, e.g., confidential business
Consistency updates may result in the
information (CBI) or other information
inclusion of state or local rules or
whose disclosure is restricted by statute. regulations into 40 CFR part 55, even
Certain other material, such as
though the same rules may ultimately be
copyrighted material, is not placed on
disapproved for inclusion as part of the
the internet and will be publicly
SIP. Inclusion in the OCS rule does not
available only in hard copy form.
imply that a rule meets the requirements
Publicly available docket materials are
of the CAA for SIP approval, nor does
available through https://
it imply that the rule will be approved
www.regulations.gov, or please contact
by EPA for inclusion in the SIP.
the person identified in the ‘‘For Further
EPA reviewed Maryland’s rules for
Information Contact’’ section for
inclusion in 40 CFR part 55 to ensure
additional availability information.
that they are rationally related to the
FOR FURTHER INFORMATION CONTACT: Mrs. attainment or maintenance of Federal or
Amy Johansen, Permits Branch (3AD10), state ambient air quality standards and
compliance with part C of title I of the
Air and Radiation Division, U.S.
CAA, that they are not designed
Environmental Protection Agency,
expressly to prevent exploration and
Region 3, 1650 Arch Street,
development of the OCS, and that they
Philadelphia, Pennsylvania 19103. The
VerDate Sep<11>2014
16:11 Jul 16, 2019
Jkt 247001
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
34065
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,1 and
requirements that regulate toxics which
are not related to the attainment and
maintenance of Federal and state
ambient air quality standards. Other
specific requirements of the consistency
update and the rationale for EPA’s
proposed action are explained in the
April 9, 2019 NPRM and will not be
restated here.
II. Final Action
EPA is taking final action to
incorporate the rules potentially
applicable to OCS sources for which the
State of Maryland will be the COA. The
rules that EPA is taking final action to
incorporate are applicable provisions of
the Code of Maryland Regulations
(COMAR), as amended through
December 6, 2018. The rules that EPA
is taking final action to incorporate will
replace the rules previously
incorporated into ‘‘State of Maryland
Requirements Applicable to OCS
Sources,’’ dated May 6, 2016, which was
incorporated by reference into 40 CFR
part 55. See 81 FR 62393 (September 9,
2016).
III. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, EPA is finalizing the
incorporation by reference of ‘‘State of
Maryland Requirements Applicable to
OCS Sources,’’ dated December 6, 2018,
which is the compilation of provisions
of the COMAR described in the
amendments to 40 CFR part 55 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).
IV. 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
1 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).
E:\FR\FM\17JYR1.SGM
17JYR1
jbell on DSK3GLQ082PROD with RULES
34066
Federal Register / Vol. 84, No. 137 / Wednesday, July 17, 2019 / Rules and Regulations
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
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 (Public Law 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 incorporating by
reference sections of COMAR, does not
VerDate Sep<11>2014
16:11 Jul 16, 2019
Jkt 247001
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 does 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, 2017.2 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).
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. The 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).
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 16,
2019. 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. This action may not be
challenged later in proceedings to
2 OMB’s approval of the ICR can be viewed at
www.reginfo.gov.
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
enforce its requirements. (See section
307(b)(2).)
EPA is incorporating the rules
potentially applicable to sources for
which the State of Maryland is the COA.
The rules that EPA is incorporating 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: June 7, 2019.
Diana Esher,
Acting Regional Administrator, Region III.
Part 55 of Chapter I, title 40 of the
Code of Federal Regulations 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.
*
*
*
*
*
(e) * * *
(10) * * *
(i) * * *
(A) State of Maryland Requirements
Applicable to OCS Sources, December 6,
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 6, 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 6,
2018)
E:\FR\FM\17JYR1.SGM
17JYR1
Federal Register / Vol. 84, No. 137 / Wednesday, July 17, 2019 / Rules and Regulations
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 6, 2018)
COMAR 26.11.09—Control of Fuel-Burning
Equipment, Stationary Internal
Combustion Engines and Certain FuelBurning Installations (Effective as of
December 6, 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)
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical
amendments.
I. Background and Purpose
The EPA is amending its regulations
in 40 CFR parts 59, 60, 61, 62, 63, 65,
82 and 763 to reflect a change in the
mailing address for EPA’s Region 1
office. The EPA is also amending its
regulations in 40 CFR parts 60, 61, and
65 to reflect a change in the mailing
addresses for the Region 1 states of
Connecticut, Maine, Massachusetts,
New Hampshire, Rhode Island and
Vermont. This technical amendment
merely updates and corrects the
addresses for mailing certain reports
and other information to EPA Region 1’s
office and to the states of Connecticut,
Maine, Massachusetts, New Hampshire,
Rhode Island and Vermont once
delegated a particular standard in 40
CFR parts 60, 61, and 65. Consequently,
EPA has determined that this rule falls
under the ‘‘good cause’’ exemption in
section 553(b)(3)(B) of the
Administrative Procedures Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation. Under section 553
of the APA, an agency may find good
cause where procedures are
‘‘impractical, unnecessary, or contrary
to the public interest.’’ Public comment
is ‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the mailing
address has changed for Region 1
reports submitted under 40 CFR parts
59, 60, 61, 62, 63, 65, 82 and 763 and
since the Region 1 state mailing
addresses have changed for reports
submitted once the state is delegated
under 40 CFR parts 60, 61, and 65.
Notice in the CFR benefits the public by
updating citations.
The Environmental Protection
Agency (EPA) is amending its
regulations to reflect a change in
address for submitting certain reports to
EPA’s Region 1 office and to correct the
addresses for submitting certain air
program reports to the EPA Region 1
II. Statutory and Executive Order
Reviews
This final rule implements technical
amendments to 40 CFR parts 59, 60, 61,
62, 63, 65, 82, and 763 to reflect a
change in address for reports submitted
to EPA’s Region 1 office and
*
*
*
*
*
[FR Doc. 2019–14986 Filed 7–16–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 59, 60, 61, 62, 63, 65, 82,
and 763
[FRL–9995–50–Region 1]
Change of Address for Region 1
Reports; Technical Amendments
AGENCY:
SUMMARY:
jbell on DSK3GLQ082PROD with RULES
states of Connecticut, Maine,
Massachusetts, New Hampshire, Rhode
Island and Vermont once the state is
delegated. This action is editorial in
nature and is intended to provide
accuracy and clarity to the agency’s
regulations.
DATES: Effective August 16, 2019.
FOR FURTHER INFORMATION CONTACT:
Susan Lancey, Air Permits, Toxics, and
Indoor Programs Branch, U.S.
Environmental Protection Agency, EPA
Region 1 Office, 5 Post Office Square—
Suite 100, (Mail code 05–2), Boston, MA
02109–3912, telephone number 617–
918–1656, lancey.susan@epa.gov.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
16:11 Jul 16, 2019
Jkt 247001
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
34067
implements technical amendments to 40
CFR parts 60, 61, and 65 to reflect a
change in addresses for the states of
Connecticut, Maine, Massachusetts,
New Hampshire, Rhode Island and
Vermont upon delegation of authority. It
does not otherwise impose or amend
any requirements. For that reason, this
action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is 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);
In addition, it does not involve any
technical standards that require the
Agency’ consideration of voluntary
consensus standards pursuant to
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note). It also
does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994). And it
does not have Tribal implications
because it would not have a substantial
direct effect on one or more Indian
Tribes, on the relationship between
Federal Government and Indian Tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian Tribes as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
E:\FR\FM\17JYR1.SGM
17JYR1
]]>Agencies
[Federal Register Volume 84, Number 137 (Wednesday, July 17, 2019)]
[Rules and Regulations]
[Pages 34065-34067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14986]
[[Page 34065]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[EPA-R03-OAR-2014-0568; FRL-9995-39-Region 3]
Outer Continental Shelf Air Regulations; Consistency Update for
Maryland
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is updating a
portion of the Outer Continental Shelf (OCS) Air Regulations.
Requirements applying to OCS sources located within 25 miles of states'
seaward boundaries must be updated periodically to remain consistent
with the requirements of the corresponding onshore area (COA), as
mandated by section 328(a)(1) of the Clean Air Act (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, and
listed in the appendix to the Federal OCS air regulations, are approved
for incorporation into the compilation of state provisions that is
incorporated by reference.
DATES: This rule is effective on August 16, 2019. The incorporation by
reference of a certain publication listed in this rule is approved by
the Director of the Federal Register as of August 16, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0568. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the ``For Further Information Contact'' section for additional
availability information.
FOR FURTHER INFORMATION CONTACT: Mrs. Amy Johansen, Permits Branch
(3AD10), Air and Radiation Division, U.S. Environmental Protection
Agency, Region 3, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is (215) 814-2156. Mrs. Johansen can also be
reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On April 9, 2019 (84 FR 14078), EPA published a Notice of Proposed
Rulemaking (NPRM) proposing to approve various Maryland air pollution
control requirements for inclusion in the updated compilation of
``State of Maryland Requirements Applicable to OCS Sources,'' dated
December 6, 2018, which is incorporated by reference into 40 CFR part
55. EPA did not receive any comments on the NPRM.
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
action is being taken to update 40 CFR part 55, in accordance with the
requirements at 40 CFR part 55.12, since the last consistency update
occurred more than one year ago.
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.
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,\1\ and requirements that regulate
toxics which are not related to the attainment and maintenance of
Federal and state ambient air quality standards. Other specific
requirements of the consistency update and the rationale for EPA's
proposed action are explained in the April 9, 2019 NPRM and will not be
restated here.
---------------------------------------------------------------------------
\1\ 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).
---------------------------------------------------------------------------
II. Final Action
EPA is taking final action to incorporate the rules potentially
applicable to OCS sources for which the State of Maryland will be the
COA. The rules that EPA is taking final action to incorporate are
applicable provisions of the Code of Maryland Regulations (COMAR), as
amended through December 6, 2018. The rules that EPA is taking final
action to incorporate will replace the rules previously incorporated
into ``State of Maryland Requirements Applicable to OCS Sources,''
dated May 6, 2016, which was incorporated by reference into 40 CFR part
55. See 81 FR 62393 (September 9, 2016).
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference of ``State
of Maryland Requirements Applicable to OCS Sources,'' dated December 6,
2018, which is the compilation of provisions of the COMAR described in
the amendments to 40 CFR part 55 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).
IV. 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
[[Page 34066]]
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 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 (Public Law 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 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 does 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.\2\ 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).
---------------------------------------------------------------------------
\2\ OMB's approval of the ICR can be viewed at www.reginfo.gov.
---------------------------------------------------------------------------
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. The 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).
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 16, 2019. 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. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
EPA is incorporating the rules potentially applicable to sources
for which the State of Maryland is the COA. The rules that EPA is
incorporating 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: June 7, 2019.
Diana Esher,
Acting Regional Administrator, Region III.
Part 55 of Chapter I, title 40 of the Code of Federal Regulations
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,
December 6, 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 6, 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 6, 2018)
[[Page 34067]]
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 6,
2018)
COMAR 26.11.09--Control of Fuel-Burning Equipment, Stationary
Internal Combustion Engines and Certain Fuel-Burning Installations
(Effective as of December 6, 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. 2019-14986 Filed 7-16-19; 8:45 am]
BILLING CODE 6560-50-P
