Outer Continental Shelf Air Regulations; Consistency Update for Maryland, 63465-63467 [2022-22393]
Download as PDF
<![CDATA[
Federal Register / Vol. 87, No. 201 / Wednesday, October 19, 2022 / Proposed Rules
NATIONAL LABOR RELATIONS
BOARD
29 CFR Part 103
RIN 3142–AA21
Standard for Determining Joint
Employer Status
AGENCY:
National Labor Relations
Board.
Notice of proposed rulemaking;
extension of comment periods.
ACTION:
The National Labor Relations
Board (‘‘NLRB’’ or ‘‘Board’’) published a
notice of proposed rulemaking in the
Federal Register on September 7, 2022,
seeking comments from the public
regarding the revision of the standard
for determining whether two employers,
as defined in section 2(2) of the National
Labor Relations Act (NLRA or Act), are
joint employers of particular employees
within the meaning of section 2(3) of the
Act.
DATES: The comment periods for the
notice of proposed rulemaking
published September 7, 2022, at 87 FR
54641, are extended. Comments must be
received by the Board on or before
December 7, 2022, and reply comments
to the initial comments must be
received on or before December 21,
2022.
SUMMARY:
Comments should be
submitted electronically through
https://www.regulations.gov. Comments
may be submitted by mail or hand
delivery to: Roxanne L. Rothschild,
Executive Secretary, National Labor
Relations Board, 1015 Half Street SE,
Washington, DC 20570–0001. Because
of security precautions, the Board
continues to experience delays in U.S.
mail delivery. You should take this into
consideration when preparing to meet
the deadline for submitting comments.
The Board encourages electronic filing.
It is not necessary to send comments if
they have been filed electronically with
regulations.gov. If you send comments,
the Board recommends that you confirm
receipt of your delivered comments by
contacting (202) 273–1940 (this is not a
toll-free number). Individuals with
hearing impairments may call 1–866–
315–6572 (TTY/TDD).
Only comments submitted through
https://www.regulations.gov, hand
delivered, or mailed will be accepted; ex
parte communications received by the
Board will be made part of the
rulemaking record and will be treated as
comments only insofar as appropriate.
Comments will be available for public
inspection at https://
www.regulations.gov and during normal
jspears on DSK121TN23PROD with PROPOSALS
ADDRESSES:
VerDate Sep<11>2014
17:19 Oct 18, 2022
Jkt 259001
business hours (8:30 a.m. to 5 p.m. EST)
at the above address.
The Board will post, as soon as
practicable, all comments received on
https://www.regulations.gov without
making any changes to the comments,
including any personal information
provided. The website https://
www.regulations.gov is the Federal
eRulemaking portal, and all comments
posted there are available and accessible
to the public. The Board requests that
comments include full citations or
internet links to any authority relied
upon. The Board cautions commenters
not to include personal information
such as Social Security numbers,
personal addresses, telephone numbers,
and email addresses in their comments,
as such submitted information will
become viewable by the public via the
https://www.regulations.gov website. It
is the commenter’s responsibility to
safeguard his or her information.
Comments submitted through https://
www.regulations.gov will not include
the commenter’s email address unless
the commenter chooses to include that
information as part of his or her
comment.
FOR FURTHER INFORMATION CONTACT:
Roxanne L. Rothschild, Executive
Secretary, National Labor Relations
Board, 1015 Half Street SE, Washington,
DC 20570–0001, (202) 273–1940 (this is
not a toll-free number), 1–866–315–6572
(TTY/TDD).
The
proposed changes are designed to
explicitly ground the joint-employer
standard in established common-law
agency principles and provide relevant
guidance to parties covered by the Act
regarding their rights and
responsibilities when more than one
statutory employer possesses the
authority to control or exercises the
power to control particular employees’
essential terms and conditions of
employment.
SUPPLEMENTARY INFORMATION:
Dated: October 14, 2022.
Roxanne L. Rothschild,
Executive Secretary.
[FR Doc. 2022–22690 Filed 10–18–22; 8:45 am]
BILLING CODE 7545–01–P
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
63465
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 55
[EPA–R03–OAR–2022–0776; FRL–10292–
01–R3]
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 (CFR) and listed in the
appendix to the OCS air regulations.
DATES: Written comments must be
received on or before November 18,
2022.
SUMMARY:
Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2022–0776 at
www.regulations.gov, or via email to
galarza-hernandez.arlin@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
ADDRESSES:
E:\FR\FM\19OCP1.SGM
19OCP1
63466
Federal Register / Vol. 87, No. 201 / Wednesday, October 19, 2022 / Proposed Rules
section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www.epa.gov/dockets/commenting-epadockets.
FOR FURTHER INFORMATION CONTACT:
Gwendolyn Supplee, Permits Branch
(3AD10), Air & Radiation Division, U.S.
Environmental Protection Agency,
Region III, Four Penn Center, 1600 John
F. Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–2763. Ms. Supplee
can also be reached via electronic mail
at Supplee.Gwendolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
jspears on DSK121TN23PROD with PROPOSALS
INFORMATION CONTACT
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
where an OCS activity is occurring
within 25 miles of a State seaward
boundary; (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
taken in response to the submittal
received by EPA on August 5, 2022, of
a NOI, from US Wind, Inc., for the
proposed installation of an up to 2gigawatt offshore wind energy facility
located approximately 10 nautical miles
off the coast of Maryland. Public
comments received in writing within 30
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.
VerDate Sep<11>2014
17:19 Oct 18, 2022
Jkt 259001
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
III. Proposed Action
EPA last did a consistency update for
Maryland on August 16, 2019 (84 FR
34065). In that action, EPA incorporated
by reference into 40 CFR part 55 all of
Maryland’s regulations that EPA
believed were relevant to the OCS
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).
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
requirements. For this action, EPA has
reviewed changes that Maryland has
made to its underlying regulatory
programs. This action will have no
effect on any provisions that were not
subject to changes by Maryland and
were also previously incorporated by
reference into 40 CFR part 55 through
EPA’s August 16, 2019 rule. The rules
that EPA proposes to incorporate are
applicable provisions of the Code of
Maryland Regulations (COMAR).
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. The Maryland
regulatory changes EPA proposes to
incorporate are: (1) Chapter 8, Control of
Incinerators—COMAR 26.11.08; (2)
Chapter 17, Nonattainment Provisions
for Major New Sources and Major
Modifications General—COMAR
26.11.17; and (3) Chapter 20, Mobile
Sources—COMAR 26.11.20. EPA is
soliciting public comments on the
issues discussed in this document.
These comments will be considered
before taking final action.
IV. Incorporation by Reference
In this proposed rule, 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 Code of
Maryland Regulations air rules that are
applicable to OCS sources and which
are currently in effect. These regulations
are described in Section III (‘‘Proposed
Action’’) of this preamble. 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
E:\FR\FM\19OCP1.SGM
19OCP1
jspears on DSK121TN23PROD with PROPOSALS
Federal Register / Vol. 87, No. 201 / Wednesday, October 19, 2022 / Proposed Rules
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 that have been
revised since the last consistency review
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);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (PRA)
(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).
This proposed rulemaking
incorporating by reference sections of
COMAR does not apply on any Indian
reservation land as defined in 18 U.S.C.
1151 or in any other area where EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, this rule incorporating
by reference sections of COMAR does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
VerDate Sep<11>2014
17:19 Oct 18, 2022
Jkt 259001
This action does not impose any new
information collection burden under the
PRA. Office of Management and Budget
(OMB) has previously approved the
information collection activities
contained in the existing regulations at
40 CFR part 55 and, by extension, this
update to part 55, and has assigned
OMB control number 2060–0249. This
action does not impose a new
information burden under PRA because
this action only updates the state rules
that are incorporated by reference into
40 CFR part 55, appendix A.3
EPA is proposing to incorporate the
rules potentially applicable to sources
for which the State of Maryland will be
the COA that have been revised since
the last consistency review. The rules
that EPA proposes to incorporate are
applicable provisions of the Code of
Maryland Regulations.
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.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons set out in the
preamble, title 40 of the Code of Federal
Regulations, part 55, 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
Pub. L. 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, July 28,
2022.
*
*
*
*
*
3 OMB’s
PO 00000
Frm 00037
Fmt 4702
Sfmt 9990
3. Appendix A to 40 CFR 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) State requirements.
(1) The following State of Maryland
requirements are applicable to OCS Sources,
July 28, 2022, 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)
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 May 4, 2020)
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 December 30,
2019)
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 February 7, 2022)
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)
*
approval of the Information Collection
Request (ICR) can be viewed at www.reginfo.gov.
63467
*
*
*
*
[FR Doc. 2022–22393 Filed 10–18–22; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\19OCP1.SGM
19OCP1
]]>Agencies
[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Proposed Rules]
[Pages 63465-63467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22393]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[EPA-R03-OAR-2022-0776; FRL-10292-01-R3]
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 (CFR)
and listed in the appendix to the OCS air regulations.
DATES: Written comments must be received on or before November 18,
2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2022-0776 at 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
[[Page 63466]]
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 www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Gwendolyn Supplee, Permits Branch
(3AD10), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, Four Penn Center, 1600 John F. Kennedy Boulevard,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2763. Ms. Supplee 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 where an OCS activity is occurring within 25 miles of a
State seaward boundary; (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 taken in response to the submittal
received by EPA on August 5, 2022, of a NOI, from US Wind, Inc., for
the proposed installation of an up to 2-gigawatt offshore wind energy
facility located approximately 10 nautical miles off the coast of
Maryland. 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).
---------------------------------------------------------------------------
III. Proposed Action
EPA last did a consistency update for Maryland on August 16, 2019
(84 FR 34065). In that action, EPA incorporated by reference into 40
CFR part 55 all of Maryland's regulations that EPA believed were
relevant to the OCS requirements. For this action, EPA has reviewed
changes that Maryland has made to its underlying regulatory programs.
This action will have no effect on any provisions that were not subject
to changes by Maryland and were also previously incorporated by
reference into 40 CFR part 55 through EPA's August 16, 2019 rule. The
rules that EPA proposes to incorporate are applicable provisions of the
Code of Maryland Regulations (COMAR).
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. The Maryland regulatory changes EPA proposes to
incorporate are: (1) Chapter 8, Control of Incinerators--COMAR
26.11.08; (2) Chapter 17, Nonattainment Provisions for Major New
Sources and Major Modifications General--COMAR 26.11.17; and (3)
Chapter 20, Mobile Sources--COMAR 26.11.20. EPA is soliciting public
comments on the issues discussed in this document. These comments will
be considered before taking final action.
IV. Incorporation by Reference
In this proposed rule, 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 Code of Maryland Regulations air rules
that are applicable to OCS sources and which are currently in effect.
These regulations are described in Section III (``Proposed Action'') of
this preamble. 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
[[Page 63467]]
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 that have been revised since the last
consistency review 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);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (PRA) (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).
This proposed rulemaking incorporating by reference sections of
COMAR does not apply on any Indian reservation land as defined in 18
U.S.C. 1151 or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, this rule incorporating by reference sections of COMAR does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
This action does not impose any new information collection burden
under the PRA. Office of Management and Budget (OMB) has previously
approved the information collection activities contained in the
existing regulations at 40 CFR part 55 and, by extension, this update
to part 55, and has assigned OMB control number 2060-0249. This action
does not impose a new information burden under PRA because this action
only updates the state rules that are incorporated by reference into 40
CFR part 55, appendix A.\3\
---------------------------------------------------------------------------
\3\ OMB's approval of the Information Collection Request (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 that have been
revised since the last consistency review. The rules that EPA proposes
to incorporate are applicable provisions of the Code of Maryland
Regulations.
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.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons set out in the preamble, title 40 of the Code of
Federal Regulations, part 55, 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 Pub. L. 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, July 28,
2022.
* * * * *
0
3. Appendix A to 40 CFR 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) State requirements.
(1) The following State of Maryland requirements are applicable
to OCS Sources, July 28, 2022, 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)
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 May 4,
2020)
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 December 30, 2019)
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 February 7, 2022)
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. 2022-22393 Filed 10-18-22; 8:45 am]
BILLING CODE 6560-50-P
