80 FR 43088 - Delegation of Authority To Implement and Enforce Outer Continental Shelf Air Regulations to the Maryland Department of the Environment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 139 (July 21, 2015)

On April 4, 2014, the Environmental Protection Agency (EPA) sent the Maryland Department of the Environment (MDE) a letter acknowledging MDE has been delegated the authority to implement and enforce sections of the Outer Continental Shelf (OCS) Air Regulations. To inform regulated facilities and the public of MDE's delegation of authority to implement and enforce OCS regulations, EPA is making available a copy of EPA's letter to MDE through this notice.

[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)]
[Notices]
[Pages 43088-43089]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17850]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9930-97-Region 3]


Delegation of Authority To Implement and Enforce Outer 
Continental Shelf Air Regulations to the Maryland Department of the 
Environment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of delegation of authority.

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SUMMARY: On April 4, 2014, the Environmental Protection Agency (EPA) 
sent the Maryland Department of the Environment (MDE) a letter 
acknowledging MDE has been delegated the authority to implement and 
enforce sections of the Outer Continental Shelf (OCS) Air Regulations. 
To inform regulated facilities and the public of MDE's delegation of 
authority to implement and enforce OCS regulations, EPA is making 
available a copy of EPA's letter to MDE through this notice.

DATES: On April 4, 2014, EPA sent MDE a letter acknowledging MDE has 
been delegated the authority to implement and enforce OCS Regulations.

ADDRESSES: Copies of documents pertaining to this action are available 
for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103-2029. Copies of the 
State submittal are available at the Maryland Department of the 
Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 
21230.

FOR FURTHER INFORMATION CONTACT: Cathleen Kennedy Van Osten, (215) 814-
2746, or by email at [email protected].

SUPPLEMENTARY INFORMATION: On January 8, 2014, MDE requested delegation 
of authority to implement, administer, and enforce Title 40 of the Code 
of Federal Regulations, Part 55 (Outer Continental Shelf Air 
Regulations). On April 4, 2014, EPA sent MDE a letter acknowledging 
that MDE has been delegated the authority to implement and enforce OCS 
regulations. A copy of EPA's letter to MDE follows:

``The Honorable Robert M. Summers, Secretary
Maryland Department of the Environment
1800 Washington Boulevard
Baltimore, Maryland 21230
Dear Secretary Summers:
    Thank you for your January 8, 2014 letter to the U.S. 
Environmental Protection Agency (EPA) requesting formal delegation 
of authority for the implementation, administration, and enforcement 
of the requirements of the Outer Continental Shelf (OCS) regulations 
within 25 miles of Maryland's seaward boundary. In response, EPA 
intends to grant the Maryland Department of the Environment (MDE) 
formal delegation of authority to implement and enforce OCS 
Regulations, pursuant to section 328(a)(3) of the Clean Air Act. As 
established in the Code of Federal Regulations, Title 40, Part 55 
(40 CFR part 55), EPA will delegate implementation and enforcement 
authority to a state if the state has an adjacent OCS source, and 
EPA determines that the state's regulations are adequate. EPA has 
determined that delegation to a state shall be immediately effective 
upon EPA's receipt of a notice of intent (NOI) to construct an OCS 
source to be adjacent to that state.

[[Page 43089]]

    The delegation will include the authority for the following 
sections of 40 CFR part 55, as exists on July 1, 2013:
     55.1 Statutory authority and scope.
     55.2 Definitions.
     55.3 Applicability.
     55.4 Requirements to submit a notice of intent.
     55.6 Permit requirements.
     55.7 Exemptions.
     55.8 Monitoring, reporting, inspections, and 
compliance.
     55.9 Enforcement.
     55.10 Fees.
     55.13 Federal requirements that apply to OCS sources.
     55.14 Requirements that apply to OCS sources located 
within 25 miles of States' seaward boundaries, by State.
     55.15 Specific designation of corresponding onshore 
areas.
     Appendix A to Part 55--Listing of State and Local 
Requirements Incorporated by Reference Into Part 55, by State.
    EPA is not delegating the authority to implement and enforce 40 
CFR part 55.5 (Corresponding onshore area designation), 55.11 
(Delegation), and 55.12 (Consistency updates), as authority for 
these sections is reserved for the Administrator. As stated in 40 
CFR Part 55.11 (b), EPA shall delegate implementation and 
enforcement authority if it is determined that the State's 
regulations are adequate, including a demonstration by the state 
that the state has:
    (1) Adopted the appropriate portions of 40 CFR part 55 into 
state law;
    (2) Submitted a letter from the State Attorney General 
confirming that Maryland has adequate authority under the state law 
to implement and enforce the relevant portions of 40 CFR part 55;
    (3) Adequate resources to implement and enforce the requirements 
of 40 CFR part 55; and
    (4) Adequate administrative procedures to implement and enforce 
the requirements of this part, including public notice and comment 
procedures.
    EPA has reviewed MDE's delegation request and concludes that it 
meets the requirements for delegation. Therefore, delegation will be 
effective on the date EPA receives a NOI of constructing an OCS 
source adjacent to Maryland. On this date, MDE will automatically be 
authorized to implement, administer, and enforce the sections of 40 
CFR part 55 listed above for the OCS sources in which Maryland will 
be the corresponding onshore area.
    I appreciate MDE's efforts to implement the OCS regulations and 
look forward to working with you to foster the growth of alternative 
energy projects in Maryland. If you have any questions, please do 
not hesitate to contact me or have your staff contact Ms. Linda 
Miller, Maryland Liaison, at 215-814-2068.
    Sincerely,
    Shawn M. Garvin
    Regional Administrator''

    This notice acknowledges that MDE has been delegated the authority 
to implement and enforce OSC Air Regulations.

    Dated: July 10, 2015.
William C. Early,
Acting, Regional Administrator, Region III.
[FR Doc. 2015-17850 Filed 7-20-15; 8:45 am]
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