[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]
[Proposed Rules]
[Pages 5971-5974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02809]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[EPA-R01-OAR-2018-0011; FRL-9974-28-Region 1]
Outer Continental Shelf Air Regulations; Consistency Update for
Massachusetts
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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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 section 328(a)(1) of the Clean Air Act. The portion of the
OCS air regulations that is being updated pertains to the requirements
for OCS sources for which Massachusetts is the designated COA. The
intended effect of approving the OCS requirements for the Massachusetts
Department of Environmental Protection is to regulate emissions from
OCS sources in accordance with the requirements for onshore sources.
The Commonwealth of Massachusetts' requirements discussed in this
document are proposed to be incorporated by reference into the Code of
Federal Regulations and listed in the appendix to the OCS air
regulations.
DATES: Written comments must be received on or before March 14, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2018-0011 at http://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, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www.epa.gov/dockets/commenting-epa-dockets. Publicly
available docket materials are available at http://www.regulations.gov
or at the U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Permitting,
Toxics, and Indoor Programs Unit, 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 a.m. to 4:30 p.m., excluding
legal holidays.
FOR FURTHER INFORMATION CONTACT: Eric Wortman, Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square (Mail Code OEP05-2), Boston, MA
02109, (617) 918-1624, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. EPA's Evaluation
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On September 4, 1992, the 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
offshore of the states except those located in the Gulf of Mexico west
of 87.5 degrees longitude. 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 the 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 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 the EPA
to be considered for incorporation by reference in 40 CFR part 55. This
proposed action is being taken in response to the submittal of a NOI on
December 11, 2017 by Vineyard Wind, LLC. Public comments received in
writing within 30 days of publication of this document will be
considered by the EPA before publishing a final rule.
Section 328(a) of the CAA requires that the 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, the EPA must
incorporate applicable onshore rules into 40 CFR part 55 as they exist
onshore. This limits the EPA's flexibility in deciding which
requirements will be incorporated into 40 CFR part 55 and prevents the
EPA from making substantive changes to the requirements it
incorporates. As a result, the EPA may be incorporating rules into 40
CFR part 55 that do not conform to all of the 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
[[Page 5972]]
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 the EPA for inclusion in the SIP.
II. EPA's Evaluation
In updating 40 CFR part 55, the EPA reviewed the 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. The EPA has also evaluated the rules to
ensure they are not arbitrary or capricious. See 40 CFR 55.12(e). In
addition, the EPA has excluded administrative or procedural rules,\2\
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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\2\ Each COA which 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 the EPA has not
delegated authority to implement and enforce part 55, the EPA will
use its own administrative and procedural requirements to implement
the substantive requirements. See 40 CFR 55.14(c)(4).
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The EPA is soliciting public comments on the issues discussed in
this document or on other relevant matters. These comments will be
considered before taking final action. Interested parties may
participate in the Federal rulemaking procedure by submitting written
comments to the EPA New England Region Office listed in the ADDRESSES
section of this Federal Register.
III. Proposed Action
The EPA is proposing to incorporate the rules potentially
applicable to sources for which the Commonwealth of Massachusetts will
be the COA. The rules that the EPA proposes to incorporate are
applicable provisions of (1) 310 Code of Massachusetts Regulations
(CMR) 4.00: Timely Action Schedule and Fee Provisions; (2) 310 CMR
6.00: Ambient Air Quality Standards for the Commonwealth of
Massachusetts; (3) 310 CMR 7.00: Air Pollution Control; and (4) 310 CMR
8.00: The Prevention and/or Abatement of Air Pollution Episode and Air
Pollution Incident Emergencies as amended through January 16, 2018. The
rules that EPA proposes to incorporate in this action will replace the
rules previously incorporated into 40 CFR part 55 for Massachusetts.
See 75 FR 51950; August 24, 2010.
With respect to the Air Pollution Control regulations at 310 CMR
7.00, Massachusetts is divided into six regions known as air pollution
control districts, three of which (Merrimack Valley, Metropolitan
Boston, and Southeastern Massachusetts) are coastal.\3\ Many of the
specific provisions of the Air Pollution Control regulations are
limited to certain air pollution control districts, or apply
differently in different air pollution control districts.
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\3\ These districts are not associated with separate air
pollution control agencies; they are purely conceptual.
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In interpreting such provisions as they are incorporated into 40
CFR part 55, the EPA proposes to treat any existing or proposed OCS
source as if it were located in the specific air pollution control
district that is geographically closest to the source. The EPA is
relying on this interpretation for purposes of this action. If the EPA
does not receive comments to the contrary from any party during the
public comment period, the interpretation stated above will represent
the EPA's formal interpretations of the provisions incorporated into 40
CFR part 55 for the purposes of federal law.
With respect to the Prevention and/or Abatement of Air Pollution
Episode and Air Pollution Incident Emergencies regulations at 310 CMR
8.00, the EPA proposes to rely on the Massachusetts Department of
Environmental Protection's evaluation, declaration, and notice of an
Air Pollution Episode or Incident Emergency applicable to the point on
land nearest to an OCS source. Specifically, in interpreting the
Massachusetts Prevention and/or Abatement of Air Pollution Episode and
Air Pollution Incident Emergencies regulations as they are incorporated
into 40 CFR part 55, the EPA proposes to treat any existing or proposed
OCS source as if it were located at the point on land that is
geographically closest to the source. The restrictions that the
Department of Environmental Protection applies to onshore sources on
that point of land pursuant to these regulations would then apply to
the OCS source as if it were located on that point of land. The EPA is
relying on this interpretation for purposes of this action. If the EPA
does not receive comments to the contrary from any party during the
public comment period, the interpretation stated above will represent
the EPA's formal interpretations of the provisions incorporated into 40
CFR part 55 for the purposes of federal law.
The interpretations discussed above are consistent with the
interpretations of the Commonwealth of Massachusetts regulations in
prior Agency actions for the purposes of consistency updates under 40
CFR part 55. See 73 FR 10406; February 27, 2008.
IV. Incorporation by Reference
In this rule, the 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, the EPA is proposing to
incorporate by reference the Code of Massachusetts Regulations rules
set forth below. The EPA has made, and will continue to make, these
materials available through www.regulations.gov and at the EPA New
England Region 1 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, the 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 the EPA. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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);
[[Page 5973]]
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 Clean Air Act; and
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).
In addition, this rule does 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 or 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. OMB approved the EPA Information Collection Request (ICR) No.
1601.08 on September 18, 2017.\4\ The current approval expires
September 30, 2020. The annual public reporting and recordkeeping
burden for collection of information under 40 CFR part 55 is estimated
to average 643 hours per response, using the definition of burden
provided in 44 U.S.C. 3502(2).
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\4\ OMB's approval of the ICR can be viewed at www.reginfo.gov.
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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: January 24, 2018.
Alexandra Dapolito Dunn,
Regional Administrator, EPA New England.
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 CONTIENTAL 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)(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) * * *
(11) * * *
(i) * * *
(A) Commonwealth of Massachusetts Requirements Applicable to OCS
Sources, January 16, 2018.
* * * * *
0
3. Appendix A to part 55 is amended by revising the paragraph for
Massachusetts 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) State requirements.
(1) The following Commonwealth of Massachusetts requirements are
applicable to OCS Sources, January 16, 2018, 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
3/24/2017)
Section 4.02: Definitions (Effective 3/24/2017)
Section 4.03: Annual Compliance Assurance Fee (Effective 3/24/2017)
Section 4.04: Permit Application Schedules and Fee (Effective 3/24/
2017)
Section 4.10: Appendix: Schedules for Timely Action and Permit
Application Fees (Effective 3/24/2017)
310 CMR 6.00: Ambient Air Quality Standards for the Commonwealth of
Massachusetts
Section 6.01: Definitions (Effective 1/1/2016)
Section 6.02: Scope (Effective 1/1/2016)
Section 6.03: Reference Conditions (Effective 1/1/2016)
Section 6.04: Standards (Effective 1/1/2016)
310 CMR 7.00: Air Pollution Control
Section 7.00: Statutory Authority; Legend; Preamble; Definitions
(Effective 1/1/2016)
Section 7.01: General Regulations to Prevent Air Pollution
(Effective 1/1/2016)
Section 7.02: U Plan Approval and Emission Limitations (Effective 1/
1/2016)
Section 7.03: U Plan Approval Exemptions: Construction Requirements
(Effective 1/1/2016)
Section 7.04: U Fossil Fuel Utilization Facilities (Effective 1/1/
2016)
Section 7.05: U Fuels All Districts (Effective 1/1/2016)
Section 7.06: U Visible Emissions (Effective 1/1/2016)
Section 7.07: U Open Burning (Effective 1/1/2016)
Section 7.08: U Incinerators (Effective 1/1/2016)
Section 7.09: U Dust, Odor, Construction and Demolition (Effective
1/1/2016)
Section 7.11: U Transportation Media (Effective 1/1/2016)
Section 7.12: U Source Registration (Effective 1/1/2016)
Section 7.13: U Stack Testing (Effective 1/1/2016)
Section 7.14: U Monitoring Devices and Reports (Effective 1/1/2016)
Section 7.18: U Volatile and Halogenated Organic Compounds
(Effective 1/1/2016)
Section 7.19: U Reasonably Available Control Technology (RACT) for
Sources of Oxides of Nitrogen (NOX) (Effective 1/1/2016)
Section 7.21: Sulfur Dioxide Emissions Limitations (Effective 1/1/
2016)
Section 7.22: Sulfur Dioxide Emissions Reductions for the Purpose of
Reducing Acid Rain (Effective 1/1/2016)
Section 7.24: U Organic Material Storage and Distribution (Effective
1/1/2016)
Section 7.25: U Best Available Controls for Consumer and Commercial
Products (Effective 1/1/2016)
Section 7.26: Industry Performance Standards (Effective 9/9/2016)
Section 7.60: U Severability (Effective 1/1/2016)
Section 7.00: Appendix A (Effective 1/1/2016)
Section 7.00: Appendix B (Effective 1/1/2016)
Section 7.00: Appendix C (Effective 1/1/2016)
310 CMR 8.00: The Prevention and/or Abatement of Air Pollution
Episode and Air Pollution Incident Emergencies
Section 8.01: Introduction (Effective 1/1/2016)
Section 8.02: Definitions (Effective 1/1/2016)
Section 8.03: Air Pollution Episode Criteria (Effective 1/1/2016)
Section 8.04: Air Pollution Episode Potential Advisories (Effective
1/1/2016)
Section 8.05: Declaration of Air Pollution Episodes and Incidents
(Effective 1/1/2016)
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Section 8.06: Termination of Air Pollution Episodes and Incident
Emergencies (Effective 1/1/2016)
Section 8.07: Emission Reductions Strategies (Effective 1/1/2016)
Section 8.08: Emission Reduction Plans (Effective 1/1/2016)
Section 8.15: Air Pollution Incident Emergency (Effective 1/1/2016)
Section 8.30: Severability (Effective 1/1/2016)
(2) [Reserved]
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[FR Doc. 2018-02809 Filed 2-9-18; 8:45 am]
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