80 FR 65661 - Outer Continental Shelf Air Regulations Consistency Update for Maryland

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 207 (October 27, 2015)

Page Range		65661-65663
FR Document		2015-27158

The Environmental Protection Agency (EPA) is taking direct final action to approve an update to a portion of the Outer Continental Shelf (OCS) Air Regulations for Maryland. 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, as amended in 1990 (CAA or the Act). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which Maryland is the designated COA. The intended effect of approving the OCS requirements for the Maryland Department of the Environment is to regulate emissions from OCS sources in accordance with the requirements onshore.

Federal Register, Volume 80 Issue 207 (Tuesday, October 27, 2015)

[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Rules and Regulations]
[Pages 65661-65663]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-27158]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R03-OAR-2014-0568; FRL-9917-72-Region 3]

Outer Continental Shelf Air Regulations Consistency Update for
Maryland

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve an update to a portion of the Outer Continental
Shelf (OCS) Air Regulations for Maryland. 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, as
amended in 1990 (CAA or the Act). The portion of the OCS air
regulations that is being updated pertains to the requirements for OCS
sources for which Maryland is the designated COA. The intended effect
of approving the OCS requirements for the Maryland Department of the
Environment is to regulate emissions from OCS sources in accordance
with the requirements onshore.

DATES: This rule is effective on December 28, 2015 without further
notice, unless EPA receives adverse written comment by November 27,
2015. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register as of December 28, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0568 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: campbell.dave@epa.gov.
C. Mail: EPA-R03-OAR-2014-0568, Dave Campbell, Associate Director,
Office of Permits and Air Toxics, Mailcode 3AP10, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0568. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at 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 information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
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 email comment
directly to EPA without going through www.regulations.gov, your email
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
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 during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. 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 Van Osten, (215) 814-2746, or
by email at vanosten.cathleen@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On September 4, 1992, EPA promulgated 40 CFR part 55 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. Forty CFR part 55 applies to all OCS sources offshore of the
states except those locations in the Gulf of Mexico west of 87.5
degrees longitude. Section 328 of the CAA requires that for such source
locations within 25 miles of a state's seaward boundary, the
requirements shall be the same as would be applicable if the source
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 EPA update the OCS requirements as necessary to
maintain consistency with onshore requirements.
Pursuant to 40 CFR 55.12 of the OCS rule, consistency reviews will
occur: (1) At least annually; (2) upon receipt of a Notice of Intent
under 40 CFR 55.4; or (3) when a state or local agency submits a rule
to EPA to be considered for incorporation by reference in 40 CFR part
55. This proposed action is being taken in response to requirements
submitted by Maryland. 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 40 CFR part 55 as they
exist onshore. This limits EPA's flexibility in deciding which
requirements will be incorporated into 40 CFR part 55 and prevents EPA
from making substantive changes to the requirements it incorporates. As
a result, EPA may be incorporating rules into 40 CFR part 55 that do
not conform to all of EPA's state implementation

[[Page 65662]]

plan (SIP) guidance or certain requirements of the Act. Consistency
updates may result in the inclusion of state or local rules or
regulations into 40 CFR 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.

II. EPA's Evaluation

EPA reviewed Maryland's 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 or 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 applicable to
OCS sources. EPA has also evaluated the rules to ensure they are not
arbitrary or capricious. In addition, EPA has excluded administrative
or procedural rules \1\ 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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\1\ Each COA that has been delegated the authority to implement
and enforce 40 CFR 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 40 CFR part 55,
EPA will use its own administrative and procedural requirements to
implement the substantive requirements.
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III. Final Action

EPA is taking direct final action to incorporate the applicable
provisions of the Code of Maryland Regulations into 40 CFR part 55 as
required under section 328(a)(1) of the CAA. EPA is publishing this
rule without prior proposal because EPA views this as a
noncontroversial amendment and anticipates no adverse comment. However,
in the ``Proposed Rules'' section of today's Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective on December 28, 2015 without further notice unless EPA
receives adverse comment by November 27, 2015. If EPA receives adverse
comment, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.

IV. Incorporation by Reference

In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of Maryland
Regulations described in the amendments to 40 CFR part 55 set forth
below. The EPA has made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the appropriate EPA office (see the ADDRESSES section
of this preamble for more information).

V. Statutory and Executive Order Reviews

A. General Requirements

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 40 CFR 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);
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.

B. Submission to Congress and the Comptroller General

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).

C. Petitions for Judicial Review

Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 28, 2015. 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. Parties with objections to this direct final rule are

[[Page 65663]]

encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking 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 procedures,
Air pollution control, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Nitrogen oxides, Outer
Continental Shelf, Ozone, Particulate matter, Permits, Reporting and
recordkeeping requirements, Sulfur oxides.

Dated: March 10, 2015.
William C. Early,
Acting, Regional Administrator, Region III.

Editorial Note: This document was received for publication by
the Office of the Federal Register on October 21, 2015.

Accordingly, 40 CFR part 55 is 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 as follows:
0
a. By adding paragraph (d)(10).
0
b. By revising paragraph (e) introductory text.
0
c. By adding paragraph (e)(10).

Sec. 55.14 Requirements that apply to OCS sources located within 25
miles of States' seaward boundaries, by State.

* * * * *
(d) * * *
(10) Maryland.
(i) 40 CFR part 52, subpart V.
(ii) [Reserved]
* * * * *
(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 40 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 I
(Massachusetts) 5 Post Office Square, Boston, MA 02109-3912; U.S. EPA,
Region III (Delaware, Maryland, and Virginia) 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.
* * * * *
(10) Maryland.
(i) State requirements.
(A) State of Maryland Requirements Applicable to OCS Sources,
January 8, 2014.
(B) [Reserved]
(ii) Local requirements.
(A) [Reserved]
* * * * *

0
3. In Appendix A to part 55, add an entry for Maryland in alphabetical
order to read as follows:

Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, By State

* * * * *
Maryland:
(a) State requirements.
(1) The following State of Maryland requirements are applicable
to OCS Sources, January 8, 2014, State of Maryland-Department of the
Environment. The following sections of Code of Maryland Regulations
(COMAR) Title 26 Subtitle 11:

COMAR 26.11.01---General Administrative Provisions (Effective as of
July 08, 2013)
COMAR 26.11.02--Permits, Approvals, and Registrations (Effective as
of December 20, 2012)
COMAR 26.11.03--Permits, Approvals, and Registration- Title V
Permits (Effective as of November 12, 2010)
COMAR 26.11.05--Air Pollution Episode System (Effective as of
November 12, 2010)
COMAR 26.11.06--General Emission Standards, Prohibitions, and
Restrictions (Effective as of July 08, 2013)
COMAR 26.11.07--Open Fires (Effective as of November 12, 2010)
COMAR 26.11.08--Control of Incinerators (Effective as of November
26, 2012)
COMAR 26.11.09--Control of Fuel-Burning Equipment, Stationary
Internal Combustion Engines and Certain Fuel-Burning Installations
(Effective as of September 16, 2011)
COMAR 26.11.13--Control of Gasoline and Volatile Organic Compound
Storage and Handling (Effective as of November 12, 2010)
COMAR 26.11.15--Toxic Air Pollutants (Effective as of November 12,
2010)
COMAR 26.11.16--Procedures Related to Requirements for Toxic Air
Pollutants (Effective as of November 12, 2010)
COMAR 26.11.17--Nonattainment Provisions for Major New Sources and
Major Modifications (Effective as of July 08, 2013)
COMAR 26.11.19--Volatile Organic Compounds from Specific Processes
(Effective as of November 09, 2012)
COMAR 26.11.20--Mobile Sources (Effective as of November 12, 2010)
COMAR 26.11.26--Conformity (Effective as of November 12, 2010)
COMAR 26.11.33--Architectural Coatings (Effective as of November 12,
2010)
COMAR 26.11.35--Volatile Organic Compounds from Adhesives and
Sealants (Effective as of November 12, 2010)
COMAR 26.11.36--Distributed Generation (Effective as of June 13,
2011)
* * * * *
[FR Doc. 2015-27158 Filed 10-26-15; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations 65661

Dated: September 28, 2015. A. www.regulations.gov. Follow the electronically in www.regulations.gov or
Jared Blumenfeld, on-line instructions for submitting in hard copy during normal business
Regional Administrator, Region IX. comments. hours at the Air Protection Division,
B. Email: campbell.dave@epa.gov. U.S. Environmental Protection Agency,
Accordingly, the amendment to 40 C. Mail: EPA–R03–OAR–2014–0568, Region III, 1650 Arch Street,
CFR 52.120 which published in the Dave Campbell, Associate Director, Philadelphia, Pennsylvania 19103.
Federal Register on September 2, 2015 Office of Permits and Air Toxics, Copies of the State submittal are
(80 FR 53001) on page 53007 is Mailcode 3AP10, U.S. Environmental available at the Maryland Department of
withdrawn as of October 27, 2015. Protection Agency, Region III, 1650 the Environment, 1800 Washington
[FR Doc. 2015–27028 Filed 10–26–15; 8:45 am] Arch Street, Philadelphia, Pennsylvania Boulevard, Suite 705, Baltimore,
BILLING CODE 6560–50–P 19103. Maryland 21230.
D. Hand Delivery: At the previously-
FOR FURTHER INFORMATION CONTACT:
listed EPA Region III address. Such
Cathleen Van Osten, (215) 814–2746, or
ENVIRONMENTAL PROTECTION deliveries are only accepted during the
by email at vanosten.cathleen@epa.gov.
AGENCY Docket’s normal hours of operation, and
special arrangements should be made SUPPLEMENTARY INFORMATION:
40 CFR Part 55 for deliveries of boxed information. I. Background
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2014– On September 4, 1992, EPA
[EPA–R03–OAR–2014–0568; FRL–9917–72–
0568. EPA’s policy is that all comments promulgated 40 CFR part 55 which
Region 3]
received will be included in the public established requirements to control air
Outer Continental Shelf Air docket without change, and may be pollution from OCS sources in order to
Regulations Consistency Update for made available online at attain and maintain Federal and state
Maryland www.regulations.gov, including any ambient air quality standards and to
personal information provided, unless comply with the provisions of part C of
AGENCY: Environmental Protection the comment includes information title I of the CAA. Forty CFR part 55
Agency (EPA). claimed to be Confidential Business applies to all OCS sources offshore of
ACTION: Direct final rule. Information (CBI) or other information the states except those locations in the
whose disclosure is restricted by statute. Gulf of Mexico west of 87.5 degrees
SUMMARY: The Environmental Protection Do not submit information that you longitude. Section 328 of the CAA
Agency (EPA) is taking direct final consider to be CBI or otherwise requires that for such source locations
action to approve an update to a portion protected through www.regulations.gov within 25 miles of a state’s seaward
of the Outer Continental Shelf (OCS) Air or email. The www.regulations.gov Web boundary, the requirements shall be the
Regulations for Maryland. Requirements site is an ‘‘anonymous access’’ system, same as would be applicable if the
applying to OCS sources located within which means EPA will not know your source were located in the COA.
25 miles of States’ seaward boundaries identity or contact information unless Because the OCS requirements are based
must be updated periodically to remain you provide it in the body of your on onshore requirements, and onshore
consistent with the requirements of the comment. If you send an email requirements may change, section
corresponding onshore area (COA), as comment directly to EPA without going 328(a)(1) requires that EPA update the
mandated by the Clean Air Act, as through www.regulations.gov, your OCS requirements as necessary to
amended in 1990 (CAA or the Act). The email address will be automatically maintain consistency with onshore
portion of the OCS air regulations that captured and included as part of the requirements.
is being updated pertains to the comment that is placed in the public Pursuant to 40 CFR 55.12 of the OCS
requirements for OCS sources for which docket and made available on the rule, consistency reviews will occur: (1)
Maryland is the designated COA. The Internet. If you submit an electronic At least annually; (2) upon receipt of a
intended effect of approving the OCS comment, EPA recommends that you Notice of Intent under 40 CFR 55.4; or
requirements for the Maryland include your name and other contact (3) when a state or local agency submits
Department of the Environment is to information in the body of your a rule to EPA to be considered for
regulate emissions from OCS sources in comment and with any disk or CD–ROM incorporation by reference in 40 CFR
accordance with the requirements you submit. If EPA cannot read your part 55. This proposed action is being
onshore. comment due to technical difficulties taken in response to requirements
and cannot contact you for clarification, submitted by Maryland. Section 328(a)
DATES: This rule is effective on EPA may not be able to consider your of the Act requires that EPA establish
December 28, 2015 without further comment. Electronic files should avoid requirements to control air pollution
notice, unless EPA receives adverse the use of special characters, any form from OCS sources located within 25
written comment by November 27, of encryption, and be free of any defects miles of states’ seaward boundaries that
2015. If EPA receives such comments, it or viruses. are the same as onshore requirements.
will publish a timely withdrawal of the Docket: All documents in the To comply with this statutory mandate,
direct final rule in the Federal Register electronic docket are listed in the EPA must incorporate applicable
and inform the public that the rule will www.regulations.gov index. Although onshore rules into 40 CFR part 55 as
not take effect. The incorporation by listed in the index, some information is they exist onshore. This limits EPA’s
reference of certain publications listed not publicly available, i.e., CBI or other flexibility in deciding which
in the rule is approved by the Director information whose disclosure is requirements will be incorporated into
tkelley on DSK3SPTVN1PROD with RULES

of the Federal Register as of December restricted by statute. Certain other 40 CFR part 55 and prevents EPA from
28, 2015. material, such as copyrighted material, making substantive changes to the
ADDRESSES: Submit your comments, is not placed on the Internet and will be requirements it incorporates. As a
identified by Docket ID Number EPA– publicly available only in hard copy result, EPA may be incorporating rules
R03–OAR–2014-0568 by one of the form. Publicly available docket into 40 CFR part 55 that do not conform
following methods: materials are available either to all of EPA’s state implementation

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65662 Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations

plan (SIP) guidance or certain IV. Incorporation by Reference • Is not a significant regulatory action
requirements of the Act. Consistency subject to Executive Order 13211 (66 FR
updates may result in the inclusion of In this rule, the EPA is finalizing 28355, May 22, 2001);
state or local rules or regulations into 40 regulatory text that includes • Is not subject to requirements of
CFR part 55, even though the same rules incorporation by reference. In Section 12(d) of the National
may ultimately be disapproved for accordance with requirements of 1 CFR Technology Transfer and Advancement
inclusion as part of the SIP. Inclusion in 51.5, the EPA is finalizing the Act of 1995 (15 U.S.C. 272 note) because
the OCS rule does not imply that a rule incorporation by reference of Maryland application of those requirements would
meets the requirements of the Act for Regulations described in the be inconsistent with the Clean Air Act;
SIP approval, nor does it imply that the amendments to 40 CFR part 55 set forth and
rule will be approved by EPA for below. The EPA has made, and will • Does not provide EPA with the
inclusion in the SIP. continue to make, these documents discretionary authority to address, as
generally available electronically appropriate, disproportionate human
II. EPA’s Evaluation through www.regulations.gov and/or in health or environmental effects, using
EPA reviewed Maryland’s rules for hard copy at the appropriate EPA office practicable and legally permissible
inclusion in 40 CFR part 55 to ensure (see the ADDRESSES section of this methods, under Executive Order 12898
that they are rationally related to the preamble for more information). (59 FR 7629, February 16, 1994).
attainment or maintenance of federal or In addition, this rule does not have
V. Statutory and Executive Order
state ambient air quality standards or tribal implications as specified by
Reviews
part C of title I of the CAA; that they are Executive Order 13175 (65 FR 67249,
not designed expressly to prevent A. General Requirements November 9, 2000), because it does not
exploration and development of the have a substantial direct effect on one or
Under the Clean Air Act, the more Indian tribes, on the relationship
OCS; and that they are applicable to Administrator is required to establish
OCS sources. EPA has also evaluated between the Federal Government and
requirements to control air pollution Indian tribes, or on the distribution of
the rules to ensure they are not arbitrary from OCS sources located within 25
or capricious. In addition, EPA has power and responsibilities between the
miles of states’ seaward boundaries that Federal Government and Indian tribes,
excluded administrative or procedural are the same as onshore air control
rules 1 and requirements that regulate nor does it impose substantial direct
requirements. To comply with this compliance costs on tribal governments,
toxics which are not related to the statutory mandate, EPA must
attainment and maintenance of Federal nor preempt tribal law.
incorporate applicable onshore rules
and State ambient air quality standards. into 40 CFR part 55 as they exist B. Submission to Congress and the
III. Final Action onshore. 42 U.S.C. 7627(a)(1); 40 CFR Comptroller General
55.12. Thus, in promulgating OCS The Congressional Review Act, 5
EPA is taking direct final action to
consistency updates, EPA’s role is to U.S.C. 801 et seq., as added by the Small
incorporate the applicable provisions of
maintain consistency between OCS Business Regulatory Enforcement
the Code of Maryland Regulations into
regulations and the regulations of Fairness Act of 1996, generally provides
40 CFR part 55 as required under
onshore areas, provided that they meet that before a rule may take effect, the
section 328(a)(1) of the CAA. EPA is
the criteria of the Clean Air Act. agency promulgating the rule must
publishing this rule without prior
Accordingly, this action simply updates submit a rule report, which includes a
proposal because EPA views this as a
the existing OCS requirements to make copy of the rule, to each House of the
noncontroversial amendment and
them consistent with requirements Congress and to the Comptroller General
anticipates no adverse comment.
onshore, without the exercise of any of the United States. EPA will submit a
However, in the ‘‘Proposed Rules’’
policy discretion by EPA. For that report containing this action and other
section of today’s Federal Register, EPA
reason, this action: required information to the U.S. Senate,
is publishing a separate document that
will serve as the proposal to approve the • Is not a ‘‘significant regulatory the U.S. House of Representatives, and
SIP revision if adverse comments are action’’ subject to review by the Office the Comptroller General of the United
filed. This rule will be effective on of Management and Budget under States prior to publication of the rule in
December 28, 2015 without further Executive Order 12866 (58 FR 51735, the Federal Register. A major rule
notice unless EPA receives adverse October 4, 1993); cannot take effect until 60 days after it
comment by November 27, 2015. If EPA • Is certified as not having a is published in the Federal Register.
receives adverse comment, EPA will significant economic impact on a This action is not a ‘‘major rule’’ as
publish a timely withdrawal in the substantial number of small entities defined by 5 U.S.C. 804(2).
Federal Register informing the public under the Regulatory Flexibility Act (5 C. Petitions for Judicial Review
that the rule will not take effect. EPA U.S.C. 601 et seq.);
Under section 307(b)(1) of the CAA,
will address all public comments in a • Does not contain any unfunded petitions for judicial review of this
subsequent final rule based on the mandate or significantly or uniquely action must be filed in the United States
proposed rule. EPA will not institute a affect small governments, as described Court of Appeals for the appropriate
second comment period on this action. in the Unfunded Mandates Reform Act circuit by December 28, 2015. Filing a
Any parties interested in commenting of 1995 (Pub. L. 104–4); petition for reconsideration by the
must do so at this time. • Does not have Federalism Administrator of this final rule does not
implications as specified in Executive affect the finality of this action for the
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1 Each COA that has been delegated the authority

to implement and enforce 40 CFR part 55 will use
Order 13132 (64 FR 43255, August 10, purposes of judicial review nor does it
its administrative and procedural rules as onshore. 1999); extend the time within which a petition
However, in those instances where EPA has not • Is not an economically significant for judicial review may be filed, and
delegated authority to implement and enforce 40
CFR part 55, EPA will use its own administrative
regulatory action based on health or shall not postpone the effectiveness of
and procedural requirements to implement the safety risks subject to Executive Order such rule or action. Parties with
substantive requirements. 13045 (62 FR 19885, April 23, 1997); objections to this direct final rule are

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Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations 65663

encouraged to file a comment in approved by the Director of the Federal COMAR 26.11.05—Air Pollution Episode
response to the parallel notice of Register Office in accordance with 5 System (Effective as of November 12, 2010)
proposed rulemaking for this action U.S.C. 552 (a) and 40 CFR part 51. COMAR 26.11.06—General Emission
published in the proposed rules section Copies may be inspected at the National Standards, Prohibitions, and Restrictions
(Effective as of July 08, 2013)
of today’s Federal Register, rather than Archives and Records Administration COMAR 26.11.07—Open Fires (Effective as
file an immediate petition for judicial (NARA). For information on the of November 12, 2010)
review of this direct final rule, so that availability of this material at NARA, COMAR 26.11.08—Control of Incinerators
EPA can withdraw this direct final rule call 202–741–6030 or go to: http:// (Effective as of November 26, 2012)
and address the comment in the www.archives.gov/federal_register/ COMAR 26.11.09—Control of Fuel-Burning
proposed rulemaking action. This action code_of_federal_regulations/ibr_ Equipment, Stationary Internal
may not be challenged later in locations.html. Copies of rules Combustion Engines and Certain Fuel-
proceedings to enforce its requirements. pertaining to particular States or local Burning Installations (Effective as of
(See section 307(b)(2).) areas may be inspected or obtained from September 16, 2011)
COMAR 26.11.13—Control of Gasoline and
the EPA Docket Center-Public Reading Volatile Organic Compound Storage and
List of Subjects in 40 CFR Part 55
Room, EPA West Building, Room 3334, Handling (Effective as of November 12,
Environmental protection, 1301 Constitution Avenue NW., 2010)
Administrative practice and procedures, Washington, DC 20004 or the COMAR 26.11.15—Toxic Air Pollutants
Air pollution control, Hydrocarbons, appropriate EPA regional offices: U.S. (Effective as of November 12, 2010)
Incorporation by reference, EPA, Region I (Massachusetts) 5 Post COMAR 26.11.16—Procedures Related to
Intergovernmental relations, Nitrogen Office Square, Boston, MA 02109–3912; Requirements for Toxic Air Pollutants
dioxide, Nitrogen oxides, Outer U.S. EPA, Region III (Delaware, (Effective as of November 12, 2010)
Continental Shelf, Ozone, Particulate Maryland, and Virginia) 1650 Arch COMAR 26.11.17—Nonattainment Provisions
matter, Permits, Reporting and for Major New Sources and Major
Street, Philadelphia, PA 19103, (215) Modifications (Effective as of July 08, 2013)
recordkeeping requirements, Sulfur 814–5000; U.S. EPA, Region 4 (Florida COMAR 26.11.19—Volatile Organic
oxides. and North Carolina), 61 Forsyth Street, Compounds from Specific Processes
Dated: March 10, 2015. Atlanta, GA 30303; U.S. EPA, Region 9 (Effective as of November 09, 2012)
William C. Early, (California), 75 Hawthorne Street, San COMAR 26.11.20—Mobile Sources (Effective
Francisco, CA 94105; and U.S. EPA as of November 12, 2010)
Acting, Regional Administrator, Region III.
Region 10 (Alaska), 1200 Sixth Avenue, COMAR 26.11.26—Conformity (Effective as
Editorial Note: This document was Seattle, WA 98101. For an informational of November 12, 2010)
received for publication by the Office of the listing of the State and local COMAR 26.11.33—Architectural Coatings
Federal Register on October 21, 2015. (Effective as of November 12, 2010)
requirements incorporated into this COMAR 26.11.35—Volatile Organic
Accordingly, 40 CFR part 55 is part, which are applicable to sources of Compounds from Adhesives and Sealants
amended as follows: air pollution located on the OCS, see (Effective as of November 12, 2010)
appendix A to this part. COMAR 26.11.36—Distributed Generation
PART 55—OUTER CONTINENTAL * * * * * (Effective as of June 13, 2011)
SHELF AIR REGULATIONS * * * * *
(10) Maryland.
■ 1. The authority citation for part 55 (i) State requirements. [FR Doc. 2015–27158 Filed 10–26–15; 8:45 am]
continues to read as follows: (A) State of Maryland Requirements BILLING CODE 6560–50–P
Applicable to OCS Sources, January 8,
Authority: Section 328 of the Clean Air Act
(42 U.S.C. 7401, et seq.) as amended by
2014.
Public Law 101–549. (B) [Reserved] DEPARTMENT OF COMMERCE
(ii) Local requirements.
■ 2. Section 55.14 is amended as (A) [Reserved] National Oceanic and Atmospheric
follows: Administration
■ a. By adding paragraph (d)(10).
* * * * *
■ b. By revising paragraph (e) ■ 3. In Appendix A to part 55, add an
50 CFR Part 679
introductory text. entry for Maryland in alphabetical order
■ c. By adding paragraph (e)(10). to read as follows: [Docket No. 141021887–5172–02]

§ 55.14 Requirements that apply to OCS Appendix A to Part 55—Listing of State RIN 0648–XE272
sources located within 25 miles of States’ and Local Requirements Incorporated
seaward boundaries, by State. by Reference Into Part 55, By State Fisheries of the Exclusive Economic
Zone Off Alaska; Exchange of Flatfish
* * * * * * * * * * in the Bering Sea and Aleutian Islands
(d) * * * Maryland:
(10) Maryland. Management Area
(a) State requirements.
(i) 40 CFR part 52, subpart V. (1) The following State of Maryland AGENCY: National Marine Fisheries
(ii) [Reserved] requirements are applicable to OCS Sources, Service (NMFS), National Oceanic and
* * * * * January 8, 2014, State of Maryland- Atmospheric Administration (NOAA),
(e) State and local requirements. State Department of the Environment. The Commerce.
and local requirements promulgated by following sections of Code of Maryland
Regulations (COMAR) Title 26 Subtitle 11: ACTION: Temporary rule; reallocation.
EPA as applicable to OCS sources
located within 25 miles of States’ COMAR 26.11.01-—General Administrative SUMMARY: NMFS is exchanging
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seaward boundaries have been compiled Provisions (Effective as of July 08, 2013) allocations of Amendment 80
COMAR 26.11.02—Permits, Approvals, and
into separate documents organized by Registrations (Effective as of December 20,
cooperative quota (CQ) for Amendment
State and local areas of jurisdiction. 2012) 80 acceptable biological catch (ABC)
These documents, set forth below, are COMAR 26.11.03—Permits, Approvals, and reserves. This action is necessary to
incorporated by reference. This Registration- Title V Permits (Effective as allow the 2015 total allowable catch of
incorporation by reference was of November 12, 2010) flathead sole, rock sole, and yellowfin

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Document Created: 2015-12-14 15:36:14
Document Modified: 2015-12-14 15:36:14

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		Rules and Regulations
Action		Direct final rule.
Dates		This rule is effective on December 28, 2015 without further notice, unless EPA receives adverse written comment by November 27, 2015. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of December 28, 2015.
Contact		Cathleen Van Osten, (215) 814-2746, or by email at [email protected]
FR Citation		80 FR 65661
CFR Associated		Environmental Protection; Administrative Practice and Procedures; Air Pollution Control; Hydrocarbons; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Nitrogen Oxides; Outer Continental Shelf; Ozone; Particulate Matter; Permits; Reporting and Recordkeeping Requirements and Sulfur Oxides