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)

Page Range		43088-43089
FR Document		2015-17850

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 Issue 139 (Tuesday, July 21, 2015)

[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]
BILLING CODE 6560-50-P

43088 Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Notices

II. Background concern and, should such exposures acknowledging MDE has been delegated
occur, how often, how long, and where the authority to implement and enforce
A. Purpose of FIFRA SAP
adverse impacts from pesticides in sections of the Outer Continental Shelf
FIFRA SAP serves as the primary water overlap with populations at risk. (OCS) Air Regulations. To inform
scientific peer review mechanism of Though much of SAM is based upon regulated facilities and the public of
EPA’s Office of Chemical Safety and OPP’s traditional water models (i.e., MDE’s delegation of authority to
Pollution Prevention (OCSPP) and is Surface Water Concentration Calculator implement and enforce OCS regulations,
structured to provide scientific advice, [SWCC] comprised of the Pesticide Root EPA is making available a copy of EPA’s
information and recommendations to Zone Model version 5 [PRZM5] and letter to MDE through this notice.
the EPA Administrator on pesticides Variable Volume Water Model DATES: On April 4, 2014, EPA sent MDE
and pesticide-related issues as to the [VVWM]), the model is new in its a letter acknowledging MDE has been
impact of regulatory actions on health spatial approach to modeling the fate delegated the authority to implement
and the environment. FIFRA SAP is a and transport of pesticides and has been and enforce OCS Regulations.
Federal advisory committee established optimized for speed and efficiency.
in 1975 under FIFRA that operates in ADDRESSES: Copies of documents
accordance with requirements of the C. FIFRA SAP Documents and Meeting pertaining to this action are available for
Federal Advisory Committee Act (5 Minutes public inspection during normal
U.S.C. Appendix). FIFRA SAP is business hours at the Air Protection
EPA’s background paper, related
composed of a permanent panel Division, U.S. Environmental Protection
supporting materials, charge/questions
consisting of seven members who are Agency, Region III, 1650 Arch Street,
to FIFRA SAP, FIFRA SAP composition
appointed by the EPA Administrator Philadelphia, Pennsylvania 19103–
(i.e., members and ad hoc members for
from nominees provided by the National 2029. Copies of the State submittal are
this meeting), and the meeting agenda
Institutes of Health and the National available at the Maryland Department of
will be available by approximately mid-
Science Foundation. FIFRA established the Environment, 1800 Washington
August. In addition, the Agency may
a Science Review Board (SRB) Boulevard, Suite 705, Baltimore,
provide additional background
consisting of at least 60 scientists who Maryland 21230.
documents as the materials become
are available to FIFRA SAP on an ad hoc available. You may obtain electronic FOR FURTHER INFORMATION CONTACT:
basis to assist in reviews conducted by copies of these documents, and certain Cathleen Kennedy Van Osten, (215)
FIFRA SAP. As a scientific peer review other related documents that might be 814–2746, or by email at
mechanism, FIFRA SAP provides available at http://www.regulations.gov vanosten.cathleen@epa.gov.
comments, evaluations, and and the FIFRA SAP Web site at http:// SUPPLEMENTARY INFORMATION: On
recommendations to improve the www.epa.gov/scipoly/sap. January 8, 2014, MDE requested
effectiveness and quality of analyses FIFRA SAP will prepare meeting delegation of authority to implement,
made by Agency scientists. Members of minutes summarizing its administer, and enforce Title 40 of the
FIFRA SAP are scientists who have recommendations to the Agency Code of Federal Regulations, Part 55
sufficient professional qualifications, approximately 90 days after the (Outer Continental Shelf Air
including training and experience, to meeting. The meeting minutes will be Regulations). On April 4, 2014, EPA
provide expert advice and posted on the FIFRA SAP Web site or sent MDE a letter acknowledging that
recommendation to the Agency. may be obtained from the OPP Docket MDE has been delegated the authority to
B. Public Meeting at http://www.regulations.gov. implement and enforce OCS regulations.
Authority: 7 U.S.C. 136 et. seq.; 21 U.S.C. A copy of EPA’s letter to MDE follows:
The USEPA Office of Pesticide
Programs (OPP) conducts aquatic 301 et seq. ‘‘The Honorable Robert M. Summers,
exposure assessments to determine Dated: July 7, 2015. Secretary
whether pesticides that are applied Maryland Department of the Environment
David J. Dix, 1800 Washington Boulevard
according to label directions can result Director, Office of Science Coordination and Baltimore, Maryland 21230
in water concentrations that may Policy. Dear Secretary Summers:
adversely impact human health or [FR Doc. 2015–17854 Filed 7–20–15; 8:45 am] Thank you for your January 8, 2014 letter
aquatic organisms. If estimated aquatic BILLING CODE 6560–50–P to the U.S. Environmental Protection Agency
exposures indicate a potential for (EPA) requesting formal delegation of
adverse effects, the assessment needs to authority for the implementation,
characterize the likelihood of ENVIRONMENTAL PROTECTION administration, and enforcement of the
occurrence, including the range in requirements of the Outer Continental Shelf
AGENCY (OCS) regulations within 25 miles of
magnitude of exposure, the frequency of
[FRL–9930–97–Region 3] Maryland’s seaward boundary. In response,
exceeding toxicity thresholds, the EPA intends to grant the Maryland
location of likely exposures, and the Department of the Environment (MDE)
Delegation of Authority To Implement
potential for exposure to populations at formal delegation of authority to implement
and Enforce Outer Continental Shelf
risk. and enforce OCS Regulations, pursuant to
Air Regulations to the Maryland
The goal of SAM is to improve on section 328(a)(3) of the Clean Air Act. As
Department of the Environment
OPP’s existing aquatic exposure established in the Code of Federal
assessments by providing more Regulations, Title 40, Part 55 (40 CFR part
asabaliauskas on DSK5VPTVN1PROD with NOTICES

AGENCY: Environmental Protection
systematic spatial- and temporal Agency (EPA). 55), EPA will delegate implementation and
contexts for aquatic exposure enforcement authority to a state if the state
ACTION: Notice of delegation of has an adjacent OCS source, and EPA
assessments for both human health authority. determines that the state’s regulations are
(drinking water) and aquatic organisms. adequate. EPA has determined that
Such context is needed to address SUMMARY: On April 4, 2014, the delegation to a state shall be immediately
common risk management questions Environmental Protection Agency (EPA) effective upon EPA’s receipt of a notice of
regarding the likelihood of the exposure sent the Maryland Department of the intent (NOI) to construct an OCS source to be
that may exceed toxicity thresholds of Environment (MDE) a letter adjacent to that state.

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Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Notices 43089

The delegation will include the authority Dated: July 10, 2015. Form R–22; OMB control number 3076–
for the following sections of 40 CFR part 55, William C. Early, 0001), and Request for Arbitration Panel
as exists on July 1, 2013: Acting, Regional Administrator, Region III. (Agency Form R–43; OMB control
• 55.1 Statutory authority and scope. number 3076–0002). No comments were
• 55.2 Definitions. [FR Doc. 2015–17850 Filed 7–20–15; 8:45 am]
received pursuant to FMCS’s prior 60-
• 55.3 Applicability. BILLING CODE 6560–50–P
• 55.4 Requirements to submit a notice of day notice in the Federal Register on
intent. April 28, 2015.
• 55.6 Permit requirements. These information collection requests
FEDERAL ELECTION COMMISSION
• 55.7 Exemptions. were previously approved by OMB and
• 55.8 Monitoring, reporting, inspections, Sunshine Act Meetings we are requesting their reinstatement
and compliance. without change to the collections. These
• 55.9 Enforcement. AGENCY: Federal Election Commission. information collections will be used to
• 55.10 Fees. DATE AND TIME: Thursday, July 16, 2015 collect information to determine
• 55.13 Federal requirements that apply to at 10:00 a.m. applicant suitability for the arbitration
OCS sources.
PLACE: 999 E Street NW., Washington, roster, to monitor the work of
• 55.14 Requirements that apply to OCS
sources located within 25 miles of States’ DC (Ninth Floor). arbitrators, and to collect information
seaward boundaries, by State. that facilitates the processing of
STATUS: This meeting will be open to
• 55.15 Specific designation of arbitration requests.
the public.
corresponding onshore areas. The OMB is particularly interested in
• Appendix A to Part 55—Listing of State Federal Register Notice of Previous comments which:
and Local Requirements Incorporated by Announcement—80 FR 40065 (1) Evaluate whether the proposed
Reference Into Part 55, by State. collection of information is necessary
EPA is not delegating the authority to THIS ITEM WAS ALSO DISCUSSED: Motion for the proper performance of the
implement and enforce 40 CFR part 55.5 to Set Priorities and Scheduling on functions of the agency, including
(Corresponding onshore area designation), Pending Enforcement Matters Awaiting whether the information will have
55.11 (Delegation), and 55.12 (Consistency Reason-to-Believe Consideration. practical utility;
updates), as authority for these sections is Individuals who plan to attend and
reserved for the Administrator. As stated in
(2) Evaluates the accuracy of the
require special assistance, such as sign agency’s estimates of the burden of the
40 CFR Part 55.11 (b), EPA shall delegate language interpretation or other
implementation and enforcement authority if proposed collection information;
reasonable accommodations, should (3) Enhance the quality, utility, and
it is determined that the State’s regulations
are adequate, including a demonstration by contact Shawn Woodhead Werth, clarity of the information to be
the state that the state has: Secretary and Clerk, at (202) 694–1040, collected;
(1) Adopted the appropriate portions of 40 at least 72 hours prior to the meeting (4) Minimize the burden of the
CFR part 55 into state law; date. collections of information on those who
(2) Submitted a letter from the State FOR FURTHER INFORMATION CONTACT: are to respond, including the use of
Attorney General confirming that Maryland appropriate automated, electronic
has adequate authority under the state law to
Judith Ingram, Press Officer, Telephone:
(202) 694–1220. collection technologies or other forms of
implement and enforce the relevant portions
of 40 CFR part 55;
information technology.
Shawn Woodhead Werth, Burden: FMCS receives
(3) Adequate resources to implement and
Secretary and Clerk of the Commission. approximately 100 responses per year to
enforce the requirements of 40 CFR part 55;
and [FR Doc. 2015–17957 Filed 7–17–15; 4:15 pm] the Arbitrator’s Personal Data
(4) Adequate administrative procedures to BILLING CODE 6715–01–P Questionnaire (OMB No. 3076–001);
implement and enforce the requirements of 1,984 responses per year to the
this part, including public notice and Arbitrator’s Report and Fee Statement
comment procedures. FEDERAL MEDIATION AND (OMB No. 3076–0003); and 13,179
EPA has reviewed MDE’s delegation responses per year to the Request for
CONCILIATION SERVICE
request and concludes that it meets the Arbitration Panel form (OMB No. 3076–
requirements for delegation. Therefore,
Labor-Management Relations 0002).
delegation will be effective on the date EPA
receives a NOI of constructing an OCS source Information Collection Requests Affected Entities: Individuals who
adjacent to Maryland. On this date, MDE will apply for admission to the FMCS Roster
AGENCY: Federal Mediation and of Arbitrators; arbitrators who render
automatically be authorized to implement,
Conciliation Service. decision under FMCS arbitration
administer, and enforce the sections of 40
CFR part 55 listed above for the OCS sources ACTION: Submission for OMB Review: policies and procedures; and employers,
in which Maryland will be the corresponding Request for Comments. labor unions and their representative
onshore area. who request arbitration services.
I appreciate MDE’s efforts to implement the SUMMARY: The Federal Mediation and
Conciliation Service (FMCS), hereby DATES: Comments must be submitted on
OCS regulations and look forward to working
with you to foster the growth of alternative announces the submission of the or before August 20, 2015.
energy projects in Maryland. If you have any following public information collection ADDRESSES: Submit written comments
questions, please do not hesitate to contact requests (ICR) to the Office of to: Email: oira_submissions@
me or have your staff contact Ms. Linda Management and Budget (OMB) for omb.eop.gov. Please include the FMCS
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Miller, Maryland Liaison, at 215–814–2068. form numbers, the information
review and approval in accordance with
Sincerely, collection title and the OMB control
Shawn M. Garvin the Paperwork Reduction Act of 1995
Regional Administrator’’ (Pub. L. 104–13). The information number in the subject line of your
collection requests are FMCS forms: message. Comments may also be sent to
This notice acknowledges that MDE Arbitrator’s Report and Fee Statement fax number 202.395.5806 to the
has been delegated the authority to (Agency Form R–19; OMB control attention of Desk Officer for FMCS.
implement and enforce OSC Air number 3076–0003), Arbitrator’s SUPPLEMENTARY INFORMATION: For
Regulations. Personal Data Questionnaire (Agency additional information, see the related

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Document Created: 2018-02-23 09:23:09
Document Modified: 2018-02-23 09:23:09

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of delegation of authority.
Dates		On April 4, 2014, EPA sent MDE a letter acknowledging MDE has been delegated the authority to implement and enforce OCS Regulations.
Contact		Cathleen Kennedy Van Osten, (215) 814- 2746, or by email at [email protected]
FR Citation		80 FR 43088