[Federal Register Volume 75, Number 163 (Tuesday, August 24, 2010)]
[Rules and Regulations]
[Pages 51950-51953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20710]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[EPA-R01-OAR-2010-0442; A-1-FRL-9167-7]
Outer Continental Shelf Air Regulations Consistency Update for
Massachusetts
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving an update to 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 (``the Act''). The portion of the OCS air regulations that is being
updated pertains to the requirements for OCS sources in the
Commonwealth of Massachusetts. The intended effect of approving the OCS
requirements for the Commonwealth of Massachusetts is to regulate
emissions from OCS sources in accordance with the requirements onshore.
The change to the existing requirements discussed below is incorporated
by reference into the Code of Federal Regulations and is listed in the
appendix to the OCS air regulations.
DATES: This direct final rule will be effective October 25, 2010,
unless EPA receives adverse comments by September 23, 2010. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect. The incorporation by reference of certain
publications listed in this rule is approved by the Director of the
Federal Register as of October 25, 2010.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2010-0442 by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: (617) 918-0653.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2010-0442'',
Ida McDonnell, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Permits, Toxics
and Indoor Air Unit, 5 Post Office Square--Suite 100, (Mail Code OEP05-
2), Boston, MA 02109-3912.
5. Hand Delivery or Courier. Deliver your comments to: Ida
McDonnell, Manager, Air Permits, Toxics and Indoor Air Unit, Office of
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New
England Regional Office, 5 Post Office Square--Suite 100, (Mail Code
OEP05-2), Boston, MA 02109-3912. Such deliveries are only accepted
during the Regional Office's normal hours of operation. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding legal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2010-0442. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through http://www.regulations.gov, or e-mail, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 either electronically in www.regulations.gov or
in hard copy at Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA New England Regional Office, 5 Post Office
Square--Suite 100, Boston, MA. EPA requests that if at all possible,
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
legal holidays.
FOR FURTHER INFORMATION CONTACT: Ida E. McDonnell, Air Permits, Toxics
and Indoor Air Unit, U.S. Environmental Protection Agency, EPA New
England Regional Office, 5 Post Office Square--Suite 100, (Mail Code
OEP05-2), Boston, MA 02109-3912, telephone number (617) 918-1653, fax
number (617) 918-0653, e-mail [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. Background and Purpose
II. EPA's Evaluation
III. EPA's Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ which
established requirements to control air pollution from Outer
Continental Shelf (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 Act. Part 55 applies to all OCS
sources offshore of the States except those located in the Gulf of
Mexico west of 87.5 degrees longitude. Section 328 of
[[Page 51951]]
the Act 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 corresponding onshore
area (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.
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\1\ The reader may refer to the Notice of Proposed Rulemaking,
December 5, 1991 (56 FR 63774), and the preamble to the final rule
promulgated September 4, 1992 (57 FR 40792) for further background
and information on the OCS regulations.
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Pursuant to Sec. 55.12 of the OCS rule, consistency reviews will
occur (1) at least annually; (2) upon receipt of a Notice of Intent
under Sec. 55.4; or (3) when a state or local agency submits a rule to
EPA to be considered for incorporation by reference in part 55. This
proposed action is being taken as a result of EPA's annual review of
the Commonwealth of Massachusetts regulations.
Section 328(a) of the Act requires that EPA establish requirements
to control air pollution from OCS sources located within 25 miles of
States' seaward boundaries that are the same as onshore requirements.
To comply with this statutory mandate, EPA must incorporate applicable
onshore rules into part 55 as they exist onshore. This limits EPA's
flexibility in deciding which requirements will be incorporated into
part 55 and prevents EPA from making substantive changes to the
requirements it incorporates. As a result, EPA may be incorporating
rules into part 55 that do not conform to all of EPA's state
implementation plan (``SIP'') guidance or certain requirements of the
Act.
Consistency updates may result in the inclusion of state or local
rules or regulations into part 55, even though the same rules may
ultimately be disapproved for inclusion as part of the SIP. Inclusion
in the OCS rule does not imply that a rule meets the requirements of
the Act for SIP approval, nor does it imply that the rule will be
approved by EPA for inclusion in the SIP.
On September 17, 2008 (73 FR 53718), EPA finalized a consistency
update of the OCS regulations pertaining to the requirements of the OCS
sources in the Commonwealth of Massachusetts.\2\ After EPA's September
17, 2008 updates to 40 CFR part 55, the Commonwealth of Massachusetts
adopted regulation changes to 310 Code of Massachusetts Regulations
(CMR) 4.00: Timely Action Schedule and Fee Provisions, 310 CMR 6.00:
Ambient Air Quality Standards for the Commonwealth of Massachusetts,
310 CMR 7.00: Air Pollution Control, and 310 CMR 8:00: The Prevention
and/or Abatement of Air Pollution Episode and Air Pollution Incident
Emergencies.
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\2\ The reader may refer to the preamble to that final
consistency update and to the preamble to the February 27, 2008
proposed consistency update (73 FR 10406) for background, including
EPA's interpretation of certain Massachusetts regulations as applied
to OCS sources. Those interpretations continue to apply.
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II. EPA's Evaluation
In updating 40 CFR part 55, EPA reviewed the state rules for
inclusion in part 55 to ensure that they are rationally related to the
attainment or maintenance of federal or state ambient air quality
standards or part C of title I of the Act, that they are not designed
expressly to prevent exploration and development of the OCS and that
they are applicable to OCS sources. 40 CFR 55.1. EPA has also evaluated
the rules to ensure they are not arbitrary or capricious. 40 CFR
55.12(e). In addition, EPA has excluded administrative or procedural
rules,\3\ and requirements that regulate toxics which are not related
to the attainment and maintenance of federal and state ambient air
quality standards.
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\3\ Each COA that has been delegated the authority to implement
and enforce 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 part 55, as in Massachusetts, EPA
will use its own administrative and procedural requirements to
implement the substantive requirements. See 40 CFR 55.14(c)(4).
Regarding fees, see 40 CFR 55.10.
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III. EPA's Action
EPA is taking direct final action to incorporate applicable
provisions of 310 Code of Massachusetts Regulations (CMR) 4.00: Timely
Action Schedule and Fee Provisions, 310 CMR 6.00: Ambient Air Quality
Standards for the Commonwealth of Massachusetts, 310 CMR 7.00: Air
Pollution Control, and 310 CMR 8:00: The Prevention and/or Abatement of
Air Pollution Episode and Air Pollution Incident Emergencies, as
amended through May 20, 2010.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to update the OCS regulations should
relevant adverse comments be filed. This rule will be effective October
25, 2010 without further notice unless the Agency receives relevant
adverse comments by September 23, 2010.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on October 25, 2010 and no further action will
be taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
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 miles of States' seaward boundaries that are the same as onshore air
control requirements. To comply with this statutory mandate, EPA must
incorporate applicable onshore rules into part 55 as they exist
onshore. 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 Clean Air Act. Accordingly, this action simply
updates the existing OCS requirements to make them consistent with
requirements onshore, without the exercise of any policy discretion by
EPA. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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);
[[Page 51952]]
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 Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, nor does it impose
substantial direct compliance costs on tribal governments, nor preempt
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. Notice of OMB's approval of EPA Information Collection Request
(``ICR'') No. 1601.07 was published in the Federal Register on February
17, 2009 (74 FR 7432). The approval expires January 31, 2012. As EPA
previously indicated (70 FR 65897-65898 (November 1, 2005)), the annual
public reporting and recordkeeping burden for collection of information
under 40 CFR part 55 is estimated to average 549 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. 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 October 25, 2010. 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).)
List of Subjects in 40 CFR Part 55
Environmental protection, Administrative practice and procedure,
Air pollution control, Continental Shelf, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.
Dated: June 8, 2010.
H. Curtis Spalding,
Regional Administrator, EPA New England.
0
Title 40, chapter I of the Code of Federal Regulations, is amended as
follows:
PART 55--[AMENDED]
0
1. The authority citation for part 55 continues to read as follows:
Authority: Section 328 of the Act (42 U.S.C. 7401, et seq.) as
amended by Public Law 101-549.
0
2. Section 55.14 is amended by revising paragraphs (e) introductory
text and (e)(11)(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) State and local requirements. State and local requirements
promulgated by EPA as applicable to OCS sources located within 25 miles
of States' seaward boundaries have been compiled into separate
documents organized by State and local areas of jurisdiction. These
documents, set forth below, are incorporated by reference. This
incorporation by reference was approved by the Director of the Federal
Register Office in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Copies may be inspected at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code _of_federal_regulations/ibr_locations.html.
Copies of rules pertaining to particular states or local areas may
be inspected or obtained from the EPA Docket Center--Public Reading
Room, EPA West Building, Room 3334, 1301 Constitution Avenue, NW.,
Washington, DC 20004 or the appropriate EPA regional offices: U.S.EPA,
Region 1 (Massachusetts) 5 Post Office Square, Boston, MA 02109-3912 ;
U.S. EPA, Region 2 (New Jersey and New York), 290 Broadway, New York,
NY 10007-1866; U.S. EPA, Region III (Delaware), 1650 Arch Street,
Philadelphia, PA 19103, (215) 814-5000; U.S. EPA, Region 4 (Florida and
North Carolina), 61 Forsyth Street, Atlanta, GA 30303; U.S. EPA, Region
9 (California), 75 Hawthorne Street, San Francisco, CA 94105; and U.S.
EPA, Region 10 (Alaska), 1200 Sixth Avenue, Seattle, WA 98101. For an
informational listing of the State and local requirements incorporated
into this part, which are applicable to sources of air pollution
located on the OCS, see appendix A to this part.
* * * * *
(11) * * *
(i) * * *
(A) Commonwealth of Massachusetts Requirements Applicable to OCS
Sources, May 20, 2010.
* * * * *
0
3. Appendix A to Part 55 is amended under ``Massachusetts'' by revising
paragraph (a)(1) to read as follows:
Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, By State
* * * * *
Massachusetts
(a) * * *
(1) The following Commonwealth of Massachusetts requirements are
applicable to OCS Sources, May 20, 2010, Commonwealth of
Massachusetts--Department of Environmental Protection.
The following sections of 310 CMR 4.00, 310 CMR 6.00, 310 CMR
7.00 and 310 CMR 8.00:
310 CMR 4.00: Timely Action Schedule and Fee Provisions
Section 4.01: Purpose, Authority and General Provisions (Effective
9/4/2009)
Section 4.02: Definitions (Effective 9/4/2009)
Section 4.03: Annual Compliance Assurance Fee (Effective 9/4/2009)
Section 4.04: Permit Application Schedules and Fee (Effective 9/4/
2009)
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Section 4.10: Appendix: Schedules for Timely Action and Permit
Application Fees (Effective 9/4/2009)
310 CMR 6.00: Ambient Air Quality Standards for the Commonwealth of
Massachusetts
Section 6.01: Definitions (Effective 4/2/2010)
Section 6.02: Scope (Effective 4/2/2010)
Section 6.03: Reference Conditions (Effective 4/2/2010)
Section 6.04: Standards (Effective 4/2/2010)
310 CMR 7.00: Air Pollution Control
Section 7.00: Statutory Authority; Legend; Preamble; Definitions
(Effective 4/2/2010)
Section 7.01: General Regulations to Prevent Air Pollution
(Effective 4/2/2010)
Section 7.02: U Plan Approval and Emission Limitations (Effective 4/
2/2010)
Section 7.03: U Plan Approval Exemptions: Construction Requirements
(Effective 4/2/2010)
Section 7.04: U Fossil Fuel Utilization Facilities (Effective 4/2/
2010)
Section 7.05: U Fuels All Districts (Effective 4/2/2010)
Section 7.06: U Visible Emissions (Effective 4/2/2010)
Section 7.07: U Open Burning (Effective 4/2/2010)
Section 7.08: U Incinerators (Effective 4/2/2010)
Section 7.09: U Dust, Odor, Construction and Demolition (Effective
4/2/2010)
Section 7.11: U Transportation Media (Effective 4/2/2010)
Section 7.12: U Source Registration (Effective 4/2/2010)
Section 7.13: U Stack Testing (Effective 4/2/2010)
Section 7.14: U Monitoring Devices and Reports (Effective 4/2/2010)
Section 7.15: U Asbestos (Effective 4/2/2010)
Section 7.18: U Volatile and Halogenated Organic Compounds
(Effective 4/2/2010)
Section 7.19: U Reasonably Available Control Technology (RACT) for
Sources of Oxides of Nitrogen (NOX) (Effective 4/2/2010)
Section 7.21: Sulfur Dioxide Emissions Limitations (Effective 4/2/
2010)
Section 7.22: Sulfur Dioxide Emissions Reductions for the Purpose of
Reducing Acid Rain (Effective 4/2/2010)
Section 7.24: U Organic Material Storage and Distribution (Effective
4/2/2010)
Section 7.25: U Best Available Controls for Consumer and Commercial
Products (Effective 4/2/2010)
Section 7.26: Industry Performance Standards (Effective 4/2/2010)
Section 7.32: Massachusetts Clean Air Interstate Rule (Mass CAIR)
(Effective 4/2/2010)
Section 7.60: U Severability (Effective 4/2/2010)
Section 7.70: Massachusetts CO2 Budget Trading Program (Effective 4/
2/2010)
Section 7.71: Reporting of Greenhouse Gas Emissions (Effective 4/2/
2010)
Section 7.00: Appendix A (Effective 4/2/2010)
Section 7.00: Appendix B (Effective 4/2/2010)
Section 7.00: Appendix C (Effective 4/2/2010)
310 CMR 8.00: The Prevention and/or Abatement of Air Pollution Episode
and Air Pollution Incident Emergencies
Section 8.01: Introduction (Effective 4/2/2010)
Section 8.02: Definitions (Effective 4/2/2010)
Section 8.03: Air Pollution Episode Criteria (Effective 4/2/2010)
Section 8.04: Air Pollution Episode Potential Advisories (Effective
4/2/2010)
Section 8.05: Declaration of Air Pollution Episodes and Incidents
(Effective 4/2/2010)
Section 8.06: Termination of Air Pollution Episodes and Incident
Emergencies (Effective 4/2/2010)
Section 8.07: Emission Reductions Strategies (Effective 4/2/2010)
Section 8.08: Emission Reduction Plans (Effective 4/2/2010)
Section 8.15: Air Pollution Incident Emergency (Effective 4/2/2010)
Section 8.30: Severability (Effective 4/2/2010)
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[FR Doc. 2010-20710 Filed 8-23-10; 8:45 am]
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