81_FR_62568 81 FR 62393 - Outer Continental Shelf Air Regulations Consistency Update for Maryland

81 FR 62393 - Outer Continental Shelf Air Regulations Consistency Update for Maryland

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 175 (September 9, 2016)

Page Range62393-62395
FR Document2016-21460

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 for onshore sources.

Federal Register, Volume 81 Issue 175 (Friday, September 9, 2016)
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Rules and Regulations]
[Pages 62393-62395]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21460]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R03-OAR-2014-0568; FRL-9950-98-Region 3]


Outer Continental Shelf Air Regulations Consistency Update for 
Maryland

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

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 for onshore sources.

DATES: This rule is effective on November 8, 2016 without further 
notice, unless EPA receives adverse written comment by October 11, 
2016. 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 November 8, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2014-0568 at http://www.regulations.gov, or via email to 
campbell.dave@epa.gov. 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://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: David Talley, (215) 814-2117, or by 
email at talley.david@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 action is being taken in response to requirements submitted by 
Maryland on May 6, 2016. 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 the corresponding onshore requirements. To comply with this 
statutory mandate, EPA must incorporate applicable onshore rules into 
40 CFR part 55 as they exist for onshore sources. This

[[Page 62394]]

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 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. EPA finds that Maryland's rules meet 
these requirements.
---------------------------------------------------------------------------

    \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 if 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.
---------------------------------------------------------------------------

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 this Federal Register, EPA is 
publishing a separate document that will serve as the proposal to 
approve the update to Maryland's OCS regulations if adverse comments 
are filed. This rule will be effective on November 8, 2016 without 
further notice unless EPA receives adverse comment by October 11, 2016. 
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 CAA, 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 the 
corresponding onshore air quality control requirements. To comply with 
this statutory mandate, EPA must incorporate applicable onshore rules 
into 40 CFR part 55. 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 corresponding regulations 
for 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 the requirements for onshore areas, 
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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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 CAA; 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 the OCS requirements are not approved to apply in Indian 
country located in the state, and EPA notes that it will not impose 
substantial direct costs on tribal governments or 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

[[Page 62395]]

circuit by November 8, 2016. 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 encouraged to file a 
comment in response to the parallel notice of proposed rulemaking for 
this action published in the proposed rules section of this 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 pertaining to OCS sources in Maryland 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, Carbon monoxide, Hydrocarbons, Incorporation by 
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Outer 
Continental Shelf, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 2, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.

    For the reasons discussed in the preamble, 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 by revising paragraph (e)(10)(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) * * *
    (10) * * *
    (i) * * *
    (A) State of Maryland Requirements Applicable to OCS Sources, May 
6, 2016.
* * * * *

0
3. In appendix A to part 55, the entry for Maryland is revised 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, May 6, 2016, 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 
February 15, 2016)
COMAR 26.11.02--Permits, Approvals, and Registrations (Effective as 
of December 10, 2015)
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 February 
15, 2016)
COMAR 26.11.09--Control of Fuel-Burning Equipment, Stationary 
Internal Combustion Engines and Certain Fuel-Burning Installations 
(Effective as of July 20, 2015)
COMAR 26.11.13--Control of Gasoline and Volatile Organic Compound 
Storage and Handling (Effective as of July 21, 2014)
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 September 28, 2015, 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)
COMAR 26.11.39--Architectural and Industrial Maintenance (AIM) 
Coatings (Effective as of April 2016)
* * * * *
[FR Doc. 2016-21460 Filed 9-8-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                  Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations                                                                                62393

                                           § 81.315         Indiana.
                                           *        *        *         *        *

                                                                                                                   INDIANA—1997 ANNUAL PM2.5 NAAQS
                                                                                                                                    [Primary and secondary]

                                                                                                                                                                          Designation a                             Classification
                                                                                      Designated area
                                                                                                                                                                     Date 1           Type                   Date 2                  Type


                                                     *                           *                                 *                                 *                        *                         *                           *
                                           Louisville, KY-IN ..............................................................................................           9/9/2016 Attainment .....       ........................   Moderate.
                                               Clark County.
                                               Floyd County.
                                               Jefferson County (part) Madison Township.

                                                        *                              *                              *                              *                         *                       *                             *
                                               a Includes   Indian Country located in each county or area, except as otherwise specified.
                                               1 This   date is 90 days after January 5, 2005, unless otherwise noted.
                                               2 This   date is July 2, 2014, unless otherwise noted.


                                           [FR Doc. 2016–21457 Filed 9–8–16; 8:45 am]                              direct final rule in the Federal Register                        SUPPLEMENTARY INFORMATION:
                                           BILLING CODE 6560–50–P                                                  and inform the public that the rule will
                                                                                                                                                                                    I. Background
                                                                                                                   not take effect. The incorporation by
                                                                                                                   reference of certain publications listed                            On September 4, 1992, EPA
                                           ENVIRONMENTAL PROTECTION                                                in the rule is approved by the Director                          promulgated 40 CFR part 55 which
                                           AGENCY                                                                  of the Federal Register as of November                           established requirements to control air
                                                                                                                   8, 2016.                                                         pollution from OCS sources in order to
                                           40 CFR Part 55                                                                                                                           attain and maintain federal and state
                                                                                                                   ADDRESSES:   Submit your comments,
                                                                                                                                                                                    ambient air quality standards and to
                                           [EPA–R03–OAR–2014–0568; FRL–9950–98–                                    identified by Docket ID No. EPA–R03–
                                           Region 3]
                                                                                                                                                                                    comply with the provisions of part C of
                                                                                                                   OAR–2014–0568 at http://
                                                                                                                                                                                    title I of the CAA. Forty CFR part 55
                                                                                                                   www.regulations.gov, or via email to
                                           Outer Continental Shelf Air                                                                                                              applies to all OCS sources offshore of
                                                                                                                   campbell.dave@epa.gov. For comments
                                           Regulations Consistency Update for                                                                                                       the states except those locations in the
                                                                                                                   submitted at Regulations.gov, follow the
                                           Maryland                                                                                                                                 Gulf of Mexico west of 87.5 degrees
                                                                                                                   online instructions for submitting
                                                                                                                                                                                    longitude. Section 328 of the CAA
                                           AGENCY: Environmental Protection                                        comments. Once submitted, comments
                                                                                                                                                                                    requires that for such source locations
                                           Agency (EPA).                                                           cannot be edited or removed from
                                                                                                                                                                                    within 25 miles of a state’s seaward
                                                                                                                   Regulations.gov. For either manner of
                                           ACTION: Direct final rule.                                                                                                               boundary, the requirements shall be the
                                                                                                                   submission, the EPA may publish any
                                                                                                                                                                                    same as would be applicable if the
                                           SUMMARY:   The Environmental Protection                                 comment received to its public docket.
                                                                                                                                                                                    source were located in the COA.
                                           Agency (EPA) is taking direct final                                     Do not submit electronically any
                                                                                                                                                                                    Because the OCS requirements are based
                                           action to approve an update to a portion                                information you consider to be
                                                                                                                                                                                    on onshore requirements, and onshore
                                           of the Outer Continental Shelf (OCS) Air                                confidential business information (CBI)
                                                                                                                                                                                    requirements may change, section
                                           Regulations for Maryland. Requirements                                  or other information whose disclosure is
                                                                                                                                                                                    328(a)(1) requires that EPA update the
                                           applying to OCS sources located within                                  restricted by statute. Multimedia
                                                                                                                                                                                    OCS requirements as necessary to
                                           25 miles of states’ seaward boundaries                                  submissions (audio, video, etc.) must be
                                                                                                                                                                                    maintain consistency with onshore
                                           must be updated periodically to remain                                  accompanied by a written comment.
                                                                                                                                                                                    requirements.
                                           consistent with the requirements of the                                 The written comment is considered the                               Pursuant to 40 CFR 55.12 of the OCS
                                           corresponding onshore area (COA), as                                    official comment and should include                              rule, consistency reviews will occur: (1)
                                           mandated by the Clean Air Act, as                                       discussion of all points you wish to                             At least annually; (2) upon receipt of a
                                           amended in 1990 (CAA or the Act). The                                   make. The EPA will generally not                                 Notice of Intent under 40 CFR 55.4; or,
                                           portion of the OCS air regulations that                                 consider comments or comment                                     (3) when a state or local agency submits
                                           is being updated pertains to the                                        contents located outside of the primary                          a rule to EPA to be considered for
                                           requirements for OCS sources for which                                  submission (i.e. on the web, cloud, or                           incorporation by reference in 40 CFR
                                           Maryland is the designated COA. The                                     other file sharing system). For                                  part 55. This action is being taken in
                                           intended effect of approving the OCS                                    additional submission methods, please                            response to requirements submitted by
                                           requirements for the Maryland                                           contact the person identified in the FOR                         Maryland on May 6, 2016. Section
                                           Department of the Environment is to                                     FURTHER INFORMATION CONTACT section.
                                                                                                                                                                                    328(a) of the Act requires that EPA
                                           regulate emissions from OCS sources in                                  For the full EPA public comment policy,                          establish requirements to control air
                                           accordance with the requirements for                                    information about CBI or multimedia                              pollution from OCS sources located
                                           onshore sources.                                                        submissions, and general guidance on                             within 25 miles of states’ seaward
ehiers on DSK5VPTVN1PROD with RULES




                                           DATES: This rule is effective on
                                                                                                                   making effective comments, please visit                          boundaries that are the same as the
                                           November 8, 2016 without further                                        http://www2.epa.gov/dockets/                                     corresponding onshore requirements. To
                                           notice, unless EPA receives adverse                                     commenting-epa-dockets.                                          comply with this statutory mandate,
                                           written comment by October 11, 2016.                                    FOR FURTHER INFORMATION CONTACT:                                 EPA must incorporate applicable
                                           If EPA receives such comments, it will                                  David Talley, (215) 814–2117, or by                              onshore rules into 40 CFR part 55 as
                                           publish a timely withdrawal of the                                      email at talley.david@epa.gov.                                   they exist for onshore sources. This


                                      VerDate Sep<11>2014        15:26 Sep 08, 2016        Jkt 238001      PO 00000       Frm 00041       Fmt 4700       Sfmt 4700    E:\FR\FM\09SER1.SGM    09SER1


                                           62394            Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations

                                           limits EPA’s flexibility in deciding                    11, 2016. If EPA receives adverse                     under the Regulatory Flexibility Act (5
                                           which requirements will be                              comment, EPA will publish a timely                    U.S.C. 601 et seq.);
                                           incorporated into 40 CFR part 55 and                    withdrawal in the Federal Register                       • does not contain any unfunded
                                           prevents EPA from making substantive                    informing the public that the rule will               mandate or significantly or uniquely
                                           changes to the requirements it                          not take effect. EPA will address all                 affect small governments, as described
                                           incorporates. As a result, EPA may be                   public comments in a subsequent final                 in the Unfunded Mandates Reform Act
                                           incorporating rules into 40 CFR part 55                 rule based on the proposed rule. EPA                  of 1995 (Pub. L. 104–4);
                                           that do not conform to all of EPA’s state               will not institute a second comment                      • does not have federalism
                                           implementation plan (SIP) guidance or                   period on this action. Any parties                    implications as specified in Executive
                                           certain requirements of the Act.                        interested in commenting must do so at                Order 13132 (64 FR 43255, August 10,
                                           Consistency updates may result in the                   this time.                                            1999);
                                           inclusion of state or local rules or                                                                             • is not an economically significant
                                                                                                   IV. Incorporation by Reference                        regulatory action based on health or
                                           regulations into 40 CFR part 55, even
                                           though the same rules may ultimately be                   In this rule, the EPA is finalizing                 safety risks subject to Executive Order
                                           disapproved for inclusion as part of the                regulatory text that includes                         13045 (62 FR 19885, April 23, 1997);
                                           SIP. Inclusion in the OCS rule does not                 incorporation by reference. In                           • is not a significant regulatory action
                                           imply that a rule meets the requirements                accordance with requirements of 1 CFR                 subject to Executive Order 13211 (66 FR
                                           of the Act for SIP approval, nor does it                51.5, the EPA is finalizing the                       28355, May 22, 2001);
                                           imply that the rule will be approved by                 incorporation by reference of Maryland                   • is not subject to requirements of
                                           EPA for inclusion in the SIP.                           Regulations described in the                          Section 12(d) of the National
                                                                                                   amendments to 40 CFR part 55 set forth                Technology Transfer and Advancement
                                           II. EPA’s Evaluation                                    below. The EPA has made, and will                     Act of 1995 (15 U.S.C. 272 note) because
                                              EPA reviewed Maryland’s rules for                    continue to make, these documents                     application of those requirements would
                                           inclusion in 40 CFR part 55 to ensure                   generally available electronically                    be inconsistent with the CAA; and,
                                           that they are rationally related to the                 through www.regulations.gov and/or in                    • does not provide EPA with the
                                           attainment or maintenance of federal or                 hard copy at the appropriate EPA office               discretionary authority to address, as
                                           state ambient air quality standards or                  (see the ADDRESSES section of this                    appropriate, disproportionate human
                                           part C of title I of the CAA; that they are             preamble for more information).                       health or environmental effects, using
                                           not designed expressly to prevent                                                                             practicable and legally permissible
                                           exploration and development of the                      V. Statutory and Executive Order                      methods, under Executive Order 12898
                                           OCS; and, that they are applicable to                   Reviews                                               (59 FR 7629, February 16, 1994).
                                           OCS sources. EPA has also evaluated                     A. General Requirements                                  In addition, this rule does not have
                                           the rules to ensure they are not arbitrary                                                                    tribal implications as specified by
                                                                                                     Under the CAA, the Administrator is                 Executive Order 13175 (65 FR 67249,
                                           or capricious. In addition, EPA has                     required to establish requirements to
                                           excluded administrative or procedural                                                                         November 9, 2000), because the OCS
                                                                                                   control air pollution from OCS sources                requirements are not approved to apply
                                           rules 1 and requirements that regulate                  located within 25 miles of states’
                                           toxics which are not related to the                                                                           in Indian country located in the state,
                                                                                                   seaward boundaries that are the same as               and EPA notes that it will not impose
                                           attainment and maintenance of federal                   the corresponding onshore air quality
                                           and state ambient air quality standards.                                                                      substantial direct costs on tribal
                                                                                                   control requirements. To comply with                  governments or preempt tribal law.
                                           EPA finds that Maryland’s rules meet                    this statutory mandate, EPA must
                                           these requirements.                                     incorporate applicable onshore rules                  B. Submission to Congress and the
                                           III. Final Action                                       into 40 CFR part 55. 42 U.S.C.                        Comptroller General
                                              EPA is taking direct final action to                 7627(a)(1); 40 CFR 55.12. Thus, in                       The Congressional Review Act, 5
                                           incorporate the applicable provisions of                promulgating OCS consistency updates,                 U.S.C. 801 et seq., as added by the Small
                                           the Code of Maryland Regulations into                   EPA’s role is to maintain consistency                 Business Regulatory Enforcement
                                           40 CFR part 55 as required under                        between OCS regulations and the                       Fairness Act of 1996, generally provides
                                           section 328(a)(1) of the CAA. EPA is                    corresponding regulations for onshore                 that before a rule may take effect, the
                                           publishing this rule without prior                      areas, provided that they meet the                    agency promulgating the rule must
                                           proposal because EPA views this as a                    criteria of the CAA. Accordingly, this                submit a rule report, which includes a
                                           noncontroversial amendment and                          action simply updates the existing OCS                copy of the rule, to each House of the
                                           anticipates no adverse comment.                         requirements to make them consistent                  Congress and to the Comptroller General
                                           However, in the ‘‘Proposed Rules’’                      with the requirements for onshore areas,              of the United States. EPA will submit a
                                           section of this Federal Register, EPA is                without the exercise of any policy                    report containing this action and other
                                           publishing a separate document that                     discretion by EPA. For that reason, this              required information to the U.S. Senate,
                                           will serve as the proposal to approve the               action:                                               the U.S. House of Representatives, and
                                           update to Maryland’s OCS regulations if                   • Is not a ‘‘significant regulatory                 the Comptroller General of the United
                                           adverse comments are filed. This rule                   action’’ subject to review by the Office              States prior to publication of the rule in
                                           will be effective on November 8, 2016                   of Management and Budget under                        the Federal Register. A major rule
                                           without further notice unless EPA                       Executive Orders 12866 (58 FR 51735,                  cannot take effect until 60 days after it
                                           receives adverse comment by October                     October 4, 1993) and 13563 (76 FR 3821,               is published in the Federal Register.
                                                                                                   January 21, 2011);                                    This action is not a ‘‘major rule’’ as
                                                                                                     • does not impose an information                    defined by 5 U.S.C. 804(2).
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                                              1 Each COA that has been delegated the authority

                                           to implement and enforce 40 CFR part 55 will use        collection burden under the provisions
                                           its administrative and procedural rules as if           of the Paperwork Reduction Act (44                    C. Petitions for Judicial Review
                                           onshore. However, in those instances where EPA          U.S.C. 3501 et seq.);                                   Under section 307(b)(1) of the CAA,
                                           has not delegated authority to implement and
                                           enforce 40 CFR part 55, EPA will use its own
                                                                                                     • is certified as not having a                      petitions for judicial review of this
                                           administrative and procedural requirements to           significant economic impact on a                      action must be filed in the United States
                                           implement the substantive requirements.                 substantial number of small entities                  Court of Appeals for the appropriate


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                                                            Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations                                         62395

                                           circuit by November 8, 2016. Filing a                   ■ 3. In appendix A to part 55, the entry              ENVIRONMENTAL PROTECTION
                                           petition for reconsideration by the                     for Maryland is revised to read as                    AGENCY
                                           Administrator of this final rule does not               follows:
                                           affect the finality of this action for the                                                                    40 CFR Part 127
                                           purposes of judicial review nor does it                 Appendix A to Part 55—Listing of State
                                                                                                   and Local Requirements Incorporated                   [FRL–9951–76–OECA]
                                           extend the time within which a petition
                                           for judicial review may be filed, and                   by Reference Into Part 55, by State
                                                                                                                                                         NPDES Electronic Reporting Rule
                                           shall not postpone the effectiveness of                 *      *      *      *       *                        Implementation Guidance
                                           such rule or action. Parties with                         Maryland:
                                           objections to this direct final rule are                  (a) State Requirements.                             AGENCY: Environmental Protection
                                           encouraged to file a comment in                           (1) The following State of Maryland                 Agency (EPA).
                                           response to the parallel notice of                      requirements are applicable to OCS Sources,           ACTION: Notice of guidance.
                                           proposed rulemaking for this action                     May 6, 2016, State of Maryland—Department
                                           published in the proposed rules section                 of the Environment. The following sections            SUMMARY:    The U.S. Environmental
                                           of this Federal Register, rather than file              of Code of Maryland Regulations (COMAR)               Protection Agency (EPA) recently
                                           an immediate petition for judicial                      Title 26 Subtitle 11:                                 promulgated the NPDES Electronic
                                           review of this direct final rule, so that               COMAR 26.11.01—General Administrative                 Reporting Rule (‘‘final rule’’) to
                                           EPA can withdraw this direct final rule                   Provisions (Effective as of February 15,            modernize Clean Water Act reporting
                                           and address the comment in the                            2016)                                               for municipalities, industries, and other
                                           proposed rulemaking action.                             COMAR 26.11.02—Permits, Approvals, and                facilities by converting to an electronic
                                                                                                     Registrations (Effective as of December 10,         data reporting system. This final rule
                                              This action pertaining to OCS sources
                                                                                                     2015)                                               requires regulated entities and state and
                                           in Maryland may not be challenged later
                                                                                                   COMAR 26.11.03—Permits, Approvals, and                Federal regulators to use existing,
                                           in proceedings to enforce its                             Registration—Title V Permits (Effective as
                                           requirements. (See section 307(b)(2).)                                                                        available information technology to
                                                                                                     of November 12, 2010)                               electronically report data required by
                                           List of Subjects in 40 CFR Part 55                      COMAR 26.11.05—Air Pollution Episode                  the National Pollutant Discharge
                                                                                                     System (Effective as of November 12, 2010)          Elimination System (NPDES) permit
                                             Environmental protection,                             COMAR 26.11.06—General Emission                       program instead of filing written paper
                                           Administrative practice and procedures,                   Standards, Prohibitions, and Restrictions           reports.
                                           Air pollution control, Carbon monoxide,                   (Effective as of July 08, 2013)
                                                                                                                                                            This action will save time and
                                           Hydrocarbons, Incorporation by                          COMAR 26.11.07—Open Fires (Effective as
                                                                                                                                                         resources for permittees, states, tribes,
                                           reference, Intergovernmental relations,                   of November 12, 2010)
                                                                                                                                                         territories, and the U.S. Government
                                           Lead, Nitrogen dioxide, Outer                           COMAR 26.11.08—Control of Incinerators
                                                                                                                                                         while increasing data accuracy,
                                           Continental Shelf, Ozone, Particulate                     (Effective as of February 15, 2016)
                                                                                                   COMAR 26.11.09—Control of Fuel-Burning                improving compliance, and supporting
                                           matter, Reporting and recordkeeping
                                                                                                     Equipment, Stationary Internal                      EPA’s goal of providing better
                                           requirements, Sulfur oxides, Volatile
                                                                                                     Combustion Engines and Certain Fuel-                protection of the nation’s waters. This
                                           organic compounds.
                                                                                                     Burning Installations (Effective as of July         regulation will help provide greater
                                             Dated: August 2, 2016.                                                                                      clarity on who is and who is not in
                                                                                                     20, 2015)
                                           Shawn M. Garvin,                                        COMAR 26.11.13—Control of Gasoline and                compliance and enhances transparency
                                           Regional Administrator, Region III.                       Volatile Organic Compound Storage and               by providing a timelier, complete, more
                                             For the reasons discussed in the                        Handling (Effective as of July 21, 2014)            accurate, and nationally-consistent set
                                           preamble, 40 CFR part 55 is amended as                  COMAR 26.11.15—Toxic Air Pollutants                   of data about the NPDES program.
                                           follows:                                                  (Effective as of November 12, 2010)                    The final rule requires EPA to publish
                                                                                                   COMAR 26.11.16—Procedures Related to                  in the Federal Register a listing of the
                                           PART 55—OUTER CONTINENTAL                                 Requirements for Toxic Air Pollutants               initial recipients for electronic NPDES
                                           SHELF AIR REGULATIONS                                     (Effective as of November 12, 2010)                 information from NPDES-regulated
                                                                                                   COMAR 26.11.17—Nonattainment Provisions               facilities by state, tribe, and territory
                                                                                                     for Major New Sources and Major                     and by NPDES data group. This listing
                                           ■ 1. The authority citation for part 55
                                                                                                     Modifications (Effective as of July 08, 2013)       must identify for NPDES-regulated
                                           continues to read as follows:
                                                                                                   COMAR 26.11.19—Volatile Organic                       facilities the initial recipient of their
                                             Authority: Section 328 of the Clean Air Act             Compounds from Specific Processes
                                           (42 U.S.C. 7401, et seq.) as amended by
                                                                                                                                                         NPDES electronic data submissions and
                                                                                                     (Effective as of September 28, 2015, 2012)          the due date for these NPDES electronic
                                           Public Law 101–549.                                     COMAR 26.11.20—Mobile Sources (Effective              data submissions. This Federal Register
                                           ■ 2. Section 55.14 is amended by                          as of November 12, 2010)
                                                                                                                                                         document provides an overview of the
                                           revising paragraph (e)(10)(i)(A) to read                COMAR 26.11.26—Conformity (Effective as
                                                                                                                                                         ‘‘initial recipient’’ term as well as the
                                                                                                     of November 12, 2010)
                                           as follows:                                                                                                   listing of the initial recipients by state,
                                                                                                   COMAR 26.11.33—Architectural Coatings
                                                                                                     (Effective as of November 12, 2010)
                                                                                                                                                         tribe, and territory and by NPDES data
                                           § 55.14 Requirements that apply to OCS
                                           sources located within 25 miles of States’              COMAR 26.11.35—Volatile Organic                       group and the due date for NPDES
                                           seaward boundaries, by State.                             Compounds from Adhesives and Sealants               electronic data submissions. In
                                                                                                     (Effective as of November 12, 2010)                 accordance with the final rule, EPA will
                                           *     *     *   *     *
                                                                                                   COMAR 26.11.36—Distributed Generation                 update this listing on its Web site and
                                             (e) * * *                                                                                                   in the Federal Register if there are any
                                                                                                     (Effective as of June 13, 2011)
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                                             (10) * * *                                            COMAR 26.11.39—Architectural and                      changes.
                                             (i) * * *                                               Industrial Maintenance (AIM) Coatings               DATES: September 9, 2016.
                                             (A) State of Maryland Requirements                      (Effective as of April 2016)                        FOR FURTHER INFORMATION CONTACT: For
                                           Applicable to OCS Sources, May 6,                       *      *      *      *       *                        additional information, please contact
                                           2016.                                                   [FR Doc. 2016–21460 Filed 9–8–16; 8:45 am]            Mr. Carey A. Johnston (202–566–1014),
                                           *     *     *   *     *                                 BILLING CODE 6560–50–P                                Office of Compliance (mail code


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Document Created: 2018-02-09 13:15:23
Document Modified: 2018-02-09 13:15:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on November 8, 2016 without further notice, unless EPA receives adverse written comment by October 11, 2016. 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 November 8, 2016.
ContactDavid Talley, (215) 814-2117, or by email at [email protected]
FR Citation81 FR 62393 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedures; Air Pollution Control; Carbon Monoxide; Hydrocarbons; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Outer Continental Shelf; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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