[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)]
[Proposed Rules]
[Pages 21254-21256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09646]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[EPA-R01-OAR-2018-0011; FRL-9976-49--Region 1]
Outer Continental Shelf Air Regulations; Consistency Update for
Massachusetts; Reopening of Comment Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; reopening of the public comment period.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) issued a proposed
rule in the Federal Register on February 12, 2018, proposing to update
a portion of the Outer Continental Shelf (OCS) Air Regulations that
pertains to the requirements for OCS sources for which Massachusetts is
the designated the Corresponding Onshore Area (COA). On March 9, 2018,
the Commonwealth of Massachusetts amended certain regulatory provisions
that pertain to the EPA's February 12, 2018 proposed rulemaking. This
document reopens the comment period for 30 days and provides notice
that the EPA has modified the proposed regulatory text for
incorporation by reference in the EPA final rule for this action. The
EPA has also added additional information to the docket.
DATES: Written comments on the proposed rule published in the Federal
Register on February 12, 2018 (83 FR 5971) should be received on or
before June 8, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2018-0011 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, 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 https://www.epa.gov/dockets/commenting-epa-dockets. Publicly
available docket materials are available at https://www.regulations.gov
or at the U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Quality Planning
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. Why is the EPA reopening the comment period?
III. Incorporation by Reference
I. Background and Purpose
On February 12, 2018, the EPA published a proposed rulemaking in
the Federal Register to update a portion of the OCS Air Regulations.
See 83 FR 5971. As stated in the EPA's February 12, 2018 proposed
rulemaking, 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 COA, as mandated by
section 328(a)(1) of the Clean Air Act. The portion of the OCS air
regulations that is being updated in the proposed rulemaking 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 (MassDEP)
is to regulate emissions from OCS sources in accordance with the
requirements for onshore sources. The Commonwealth of Massachusetts'
requirements discussed in the EPA's proposed rulemaking will be
incorporated by reference into the Code of Federal Regulations (CFR)
and listed in the appendix to the OCS air regulations in 40 CFR part
55.
II. Why is the EPA reopening the comment period?
Among other things, the EPA's February 12, 2018 action proposed to
incorporate into 40 CFR part 55 the applicable provisions of 310 Code
of Massachusetts Regulations (CMR) 7.00: Air Pollution Control, as
amended through January 16, 2018. On March 9, 2018, the MassDEP
promulgated amendments to the regulations at 310 CMR 7.00. Pursuant to
40 CFR 55.12, consistency reviews will occur if the EPA finds that part
55 is inconsistent
[[Page 21255]]
with the requirements in effect in the COA. Therefore, the EPA is
including the Commonwealth's March 9, 2018 amended regulations for 310
CMR 7.00 in the EPA's proposed consistency update to 40 CFR part 55 in
addition to the other regulations EPA proposed for inclusion in the
February 12, 2018 proposed rulemaking. The EPA has added the amended
regulations at 310 CMR 7.00 to the docket and is reopening the comment
period to give all interested persons the opportunity to comment on the
incorporation by reference of the amended regulations at 310 CMR
7.00.\1\ This document reopens the public comment period established in
the Federal Register document on February 12, 2018 (83 FR 5971) (FRL-
9974-28--Region 1).
---------------------------------------------------------------------------
\1\ The EPA is required to submit a true copy of the
regulations, attested by the Commonwealth of Massachusetts, to the
Office of the Federal Register for incorporation by reference in the
final rule. The EPA obtained a true copy of the amended regulations
in effect as of March 9, 2018. The Commonwealth of Massachusetts
State Bookstore bundles 310 CMR 6.00, 310 CMR 7.00, and 310 CMR 8.00
into a single package for the purpose of attesting a true copy.
Although the regulations at 310 CMR 6.00 and 310 CMR 8.00 were not
part of the March 9, 2018 amendments, the EPA has updated the
effective date for 310 CMR 6.00-8.00 in the regulatory text proposed
for incorporation by reference for consistency with the updated true
copy of the regulations. The true copy of the regulations for 310
CMR 6.00-8.00 obtained by the EPA has been added to the docket for
this action.
---------------------------------------------------------------------------
To submit comments, or access the docket, please follow the
detailed instructions provided in the ADDRESSES section of this Federal
Register. Please refer to the EPA's February 12, 2018 (83 FR 5971)
proposed rulemaking for more detailed information regarding this
rulemaking action.
III. Incorporation by Reference
In the February 12, 2018 action, the EPA proposed to include in a
final EPA rule regulatory text that includes incorporation by
reference. The EPA is including the updated regulatory text below to
reflect the March 9, 2018 effective date of the Commonwealth's amended
regulations discussed in this document. 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 document for more information).
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: April 19, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
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 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, March 9, 2018.
* * * * *
0
3. Appendix A to part 55 is amended by revising paragraph (a)(1) under
the heading ``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, March 9, 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 3/9/2018)
Section 6.02: Scope (Effective 3/9/2018)
Section 6.03: Reference Conditions (Effective 3/9/2018)
Section 6.04: Standards (Effective 3/9/2018)
310 CMR 7.00: Air Pollution Control
Section 7.00: Statutory Authority; Legend; Preamble; Definitions
(Effective 3/9/2018)
Section 7.01: General Regulations to Prevent Air Pollution
(Effective 3/9/2018)
Section 7.02: U Plan Approval and Emission Limitations (Effective 3/
9/2018)
Section 7.03: U Plan Approval Exemptions: Construction Requirements
(Effective 3/9/2018)
Section 7.04: U Fossil Fuel Utilization Facilities (Effective 3/9/
2018)
Section 7.05: U Fuels All Districts (Effective 3/9/2018)
Section 7.06: U Visible Emissions (Effective 3/9/2018)
Section 7.07: U Open Burning (Effective 3/9/2018)
Section 7.08: U Incinerators (Effective 3/9/2018)
Section 7.09: U Dust, Odor, Construction and Demolition (Effective
3/9/2018)
Section 7.11: U Transportation Media (Effective 3/9/2018)
Section 7.12: U Source Registration (Effective 3/9/2018)
Section 7.13: U Stack Testing (Effective 3/9/2018)
Section 7.14: U Monitoring Devices and Reports (Effective 3/9/2018)
Section 7.18: U Volatile and Halogenated Organic Compounds
(Effective 3/9/2018)
Section 7.19: U Reasonably Available Control Technology (RACT) for
Sources of Oxides of Nitrogen (NOX) (Effective 3/9/2018)
Section 7.21: Sulfur Dioxide Emissions Limitations (Effective 3/9/
2018)
Section 7.22: Sulfur Dioxide Emissions Reductions for the Purpose of
Reducing Acid Rain (Effective 3/9/2018)
Section 7.24: U Organic Material Storage and Distribution (Effective
3/9/2018)
Section 7.25: U Best Available Controls for Consumer and Commercial
Products (Effective 3/9/2018)
Section 7.26: Industry Performance Standards (Effective 3/9/2018)
Section 7.60: U Severability (Effective 3/9/2018)
Section 7.00: Appendix A (Effective 3/9/2018)
Section 7.00: Appendix B (Effective 3/9/2018)
Section 7.00: Appendix C (Effective 3/9/2018)
310 CMR 8.00: The Prevention and/or Abatement of Air Pollution
Episode and Air Pollution Incident Emergencies
Section 8.01: Introduction (Effective 3/9/2018)
Section 8.02: Definitions (Effective 3/9/2018)
Section 8.03: Air Pollution Episode Criteria (Effective 3/9/2018)
[[Page 21256]]
Section 8.04: Air Pollution Episode Potential Advisories (Effective
3/9/2018)
Section 8.05: Declaration of Air Pollution Episodes and Incidents
(Effective 3/9/2018)
Section 8.06: Termination of Air Pollution Episodes and Incident
Emergencies (Effective 3/9/2018)
Section 8.07: Emission Reductions Strategies (Effective 3/9/2018)
Section 8.08: Emission Reduction Plans (Effective 3/9/2018)
Section 8.15: Air Pollution Incident Emergency (Effective 3/9/2018)
Section 8.30: Severability (Effective 3/9/2018)
(2) [Reserved]
* * * * *
[FR Doc. 2018-09646 Filed 5-8-18; 8:45 am]
BILLING CODE 6560-50-P