83 FR 56259 - Outer Continental Shelf Air Regulations; Consistency Update for Massachusetts
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 219 (November 13, 2018)
Federal Register Volume 83, Issue 219 (November 13, 2018)
| Page Range | 56259-56262 | |
| FR Document | 2018-24648 |
[Federal Register Volume 83, Number 219 (Tuesday, November 13, 2018)] [Rules and Regulations] [Pages 56259-56262] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24648] [[Page 56259]] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 55 [EPA-R01-OAR-2018-0011; FRL-9983-52-Region 1] Outer Continental Shelf Air Regulations; Consistency Update for Massachusetts AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is updating a portion of the Outer Continental Shelf (OCS) Air Regulations. 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 section 328(a)(1) of the Clean Air Act. The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which Massachusetts is the designated COA. The Commonwealth of Massachusetts' requirements discussed in this document will be incorporated by reference into the Code of Federal Regulations and listed in the appendix to the federal OCS air regulations. DATES: This rule is effective on December 13, 2018. The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of December 13, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2018-0011. All documents in the docket are listed on the https://www.regulations.gov website. 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 at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA Region 1 Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. FOR FURTHER INFORMATION CONTACT: Eric Wortman, Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office Square (Mail Code OEP05-2), Boston, MA 02109, (617) 918-1624, wortman.eric@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. Table of Contents I. Background and Purpose II. Response to Comments III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background and Purpose On September 4, 1992, the EPA promulgated 40 CFR part 55,\1\ 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. The regulations at 40 CFR part 55 apply to all OCS sources offshore of the states except those located in the Gulf of Mexico west of 87.5 degrees longitude. Section 328 of the CAA requires that for such sources located within 25 miles of a state's seaward boundary, the requirements shall be the same as would be applicable if the sources 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 the EPA update the OCS requirements as necessary to maintain consistency with onshore requirements. --------------------------------------------------------------------------- \1\ The reader may refer to the Notice of Proposed Rulemaking, December 5, 1991 (56 FR 63774), and the preamble to the final rule promulgated September 4, 1992 (57 FR 40792) for further background and information on the OCS regulations. --------------------------------------------------------------------------- On February 12, 2018 (83 FR 5971), the EPA published a Notice of Proposed Rulemaking (NPRM) proposing to incorporate various Massachusetts air pollution control requirements into 40 CFR part 55. Pursuant to 40 CFR 55.12, consistency reviews will occur (1) at least annually; (2) upon receipt of a Notice of Intent (NOI) under 40 CFR 55.4; or (3) when a state or local agency submits a rule to the EPA to be considered for incorporation by reference in 40 CFR part 55. This action is being taken in response to the submittal of a NOI on December 11, 2017 by Vineyard Wind, LLC. The EPA reviewed the 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 and compliance with 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 potentially applicable to OCS sources. See 40 CFR 55.1. The EPA has also evaluated the rules to ensure they are not arbitrary or capricious. See 40 CFR 55.12(e). In addition, the EPA has excluded administrative or procedural rules,\2\ and requirements that regulate toxics which are not related to the attainment and maintenance of federal and state ambient air quality standards. --------------------------------------------------------------------------- \2\ Each COA which has been delegated the authority to implement and enforce part 55 will use its administrative and procedural rules as onshore. However, in those instances where the EPA has not delegated authority to implement and enforce part 55, the EPA will use its own administrative and procedural requirements to implement the substantive requirements. See 40 CFR 55.14(c)(4). --------------------------------------------------------------------------- Section 328(a) of the CAA requires that the 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, the EPA must incorporate applicable onshore rules into 40 CFR part 55 as they exist onshore. This limits the EPA's flexibility in deciding which requirements will be incorporated into 40 CFR part 55 and prevents the EPA from making substantive changes to the requirements it incorporates. As a result, the EPA may be incorporating rules into 40 CFR part 55 that do not conform to all of the EPA's state implementation plan (SIP) guidance or certain requirements of the CAA. 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 CAA for SIP approval, nor does it imply that the rule will be approved by the EPA for inclusion in the SIP. On March 9, 2018, the Commonwealth of Massachusetts amended certain regulatory provisions that pertained to the EPA's February 12, 2018 proposed rulemaking. On May 9, 2018, the EPA reopened the comment period for 30 days and provided notice that the EPA modified the proposed regulatory text for incorporation by reference in this action. See 83 FR 21254 (May 9, 2018). The EPA also added the March 9, 2018 amended regulations at 310 CMR 7.00 to the docket as part of reopening the comment period to give all interested [[Page 56260]] persons the opportunity to comment on the incorporation by reference of the amended regulations at 310 CMR 7.00.\3\ --------------------------------------------------------------------------- \3\ The EPA is required to submit a true copy of the regulations, attested by the Commonwealth of Massachusetts, to the Office of the Federal Register for incorporation by reference in the final rule. The EPA obtained a true copy of the amended regulations in effect as of March 9, 2018. The Commonwealth of Massachusetts State Bookstore bundles 310 CMR 6.00, 310 CMR 7.00, and 310 CMR 8.00 into a single package for the purpose of attesting a true copy. Although the regulations at 310 CMR 6.00 and 310 CMR 8.00 were not part of the March 9, 2018 amendments, the EPA updated the effective date for 310 CMR 6.00-8.00 in the regulatory text for incorporation by reference for consistency with the updated true copy of the regulations. The true copy of the regulations for 310 CMR 6.00-8.00 obtained by the EPA is included in the docket for this action. --------------------------------------------------------------------------- Other specific requirements of the consistency update and the rationale for EPA's proposed action are explained in the February 12, 2018 NPRM and the May 9, 2018 reopening of comment period document and will not be restated here. II. Response to Comments In response to the February 12, 2018 NPRM and the May 9, 2018 reopening of the comment period, we received a number of anonymous comments that address subjects outside the scope of our final action, do not explain (or provide a legal basis for) how the final action should differ in any way, and make no specific mention of the final action, i.e. incorporation by reference of the relevant Commonwealth of Massachusetts regulations into 40 CFR part 55. This action is required by the CAA and EPA's regulations, based on Vineyard Wind, LLC's NOI. Consequently, the comments referenced above are not germane to this rulemaking and require no further response. The EPA received one relevant comment from the Commonwealth of Massachusetts that referred specifically to the proposed rulemaking on the consistency update for Massachusetts to the outer continental shelf regulations. Comment: The commenter indicated that the Massachusetts regulations at 310 Code of Massachusetts Regulations (CMR) 7.21: Sulfur Dioxide Emissions Limitations and 310 CMR 7.22: Sulfur Dioxide Emissions Reductions for the Purpose of Reducing Acid Rain should be removed from the Part 55 Consistency Update because those sections were rescinded in the Commonwealth's March 9, 2018 amendments to 310 CMR 7.00. Response: The EPA agrees with the commenter and has removed Sections 7.21 and 7.22 from the regulatory text that includes incorporation by reference. Sections 7.21 and 7.22 were inadvertently included in the May 9, 2018 reopening of comment period document in error and have been removed from the regulatory text that includes incorporation by reference in this final action. III. Final Action The EPA is taking final action to incorporate the rules potentially applicable to OCS sources for which the Commonwealth of Massachusetts will be the COA. The rules that the EPA is taking final action to incorporate are applicable provisions of (1) 310 CMR 4.00: Timely Action Schedule and Fee Provisions; (2) 310 CMR 6.00: Ambient Air Quality Standards for the Commonwealth of Massachusetts; (3) 310 CMR 7.00: Air Pollution Control; and (4) 310 CMR 8.00: The Prevention and/ or Abatement of Air Pollution Episode and Air Pollution Incident Emergencies, as amended through March 9, 2018. The rules that EPA is taking final action to incorporate will replace the rules previously incorporated into 40 CFR part 55 for Massachusetts. See 75 FR 51950; August 24, 2010. 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 the Code of Massachusetts 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 through https://www.regulations.gov and at the EPA Region 1 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). V. Statutory and Executive Order Reviews 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 pollution control requirements. To comply with this statutory mandate, the EPA must incorporate applicable onshore rules into 40 CFR part 55 as they exist onshore. See 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in promulgating OCS consistency updates, the EPA's role is to maintain consistency between OCS regulations and the regulations of 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 requirements onshore, without the exercise of any policy direction by the 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); This action is not an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866; 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 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 or preempt tribal law. Under the provisions of the Paperwork Reduction Act, 44 U.S.C 3501 et seq., an agency may not conduct or sponsor, and a person is not required to respond to, a collection of [[Page 56261]] information unless it displays a currently valid OMB control number. OMB has approved the information collection requirements contained in 40 CFR part 55 and, by extension, this update to the rules, and has assigned OMB control number 2060-0249. OMB approved the EPA Information Collection Request (ICR) No. 1601.08 on September 18, 2017.\4\ The current approval expires September 30, 2020. The annual public reporting and recordkeeping burden for collection of information under 40 CFR part 55 is estimated to average 643 hours per response, using the definition of burden provided in 44 U.S.C. 3502(2). --------------------------------------------------------------------------- \4\ OMB's approval of the ICR can be viewed at www.reginfo.gov. --------------------------------------------------------------------------- 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. The 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). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by January 14, 2019. 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. 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 procedure, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Outer continental shelf, Ozone, Particulate matter, Permits, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: November 1, 2018. Alexandra Dunn, Regional Administrator, EPA Region 1. Part 55 of chapter I, title 40 of the Code of Federal Regulations 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)(11)(i)(A) to read as follows: Sec. 55.14 Requirements that apply to OCS sources located within 25 miles of States' seaward boundaries, by State. * * * * * (e) * * * (11) * * * (i) * * * (A) Commonwealth of Massachusetts Requirements Applicable to OCS Sources, March 9, 2018. * * * * * 0 3. Appendix A to part 55 is amended by revising paragraph (a)(1) under the heading ``Massachusetts'' to read as follows: Appendix A to Part 55--Listing of State and Local Requirements Incorporated by Reference Into Part 55, by State * * * * * Massachusetts (a) * * * (1) The following Commonwealth of Massachusetts requirements are applicable to OCS Sources, March 9, 2018, Commonwealth of Massachusetts--Department of Environmental Protection. The following sections of 310 CMR 4.00, 310 CMR 6.00, 310 CMR 7.00 and 310 CMR 8.00: 310 CMR 4.00: Timely Action Schedule and Fee Provisions Section 4.01: Purpose, Authority and General Provisions (Effective 3/24/2017) Section 4.02: Definitions (Effective 3/24/2017) Section 4.03: Annual Compliance Assurance Fee (Effective 3/24/2017) Section 4.04: Permit Application Schedules and Fee (Effective 3/24/ 2017) Section 4.10: Appendix: Schedules for Timely Action and Permit Application Fees (Effective 3/24/2017) 310 CMR 6.00: Ambient Air Quality Standards for the Commonwealth of Massachusetts Section 6.01: Definitions (Effective 3/9/2018) Section 6.02: Scope (Effective 3/9/2018) Section 6.03: Reference Conditions (Effective 3/9/2018) Section 6.04: Standards (Effective 3/9/2018) 310 CMR 7.00: Air Pollution Control Section 7.00: Statutory Authority; Legend; Preamble; Definitions (Effective 3/9/2018) Section 7.01: General Regulations to Prevent Air Pollution (Effective 3/9/2018) Section 7.02: U Plan Approval and Emission Limitations (Effective 3/ 9/2018) Section 7.03: U Plan Approval Exemptions: Construction Requirements (Effective 3/9/2018) Section 7.04: U Fossil Fuel Utilization Facilities (Effective 3/9/ 2018) Section 7.05: U Fuels All Districts (Effective 3/9/2018) Section 7.06: U Visible Emissions (Effective 3/9/2018) Section 7.07: U Open Burning (Effective 3/9/2018) Section 7.08: U Incinerators (Effective 3/9/2018) Section 7.09: U Dust, Odor, Construction and Demolition (Effective 3/9/2018) Section 7.11: U Transportation Media (Effective 3/9/2018) Section 7.12: U Source Registration (Effective 3/9/2018) Section 7.13: U Stack Testing (Effective 3/9/2018) Section 7.14: U Monitoring Devices and Reports (Effective 3/9/2018) Section 7.18: U Volatile and Halogenated Organic Compounds (Effective 3/9/2018) Section 7.19: U Reasonably Available Control Technology (RACT) for Sources of Oxides of Nitrogen (NO X ) (Effective 3/9/2018) Section 7.24: U Organic Material Storage and Distribution (Effective 3/9/2018) Section 7.25: U Best Available Controls for Consumer and Commercial Products (Effective 3/9/2018) Section 7.26: Industry Performance Standards (Effective 3/9/2018) Section 7.60: U Severability (Effective 3/9/2018) Section 7.00: Appendix A (Effective 3/9/2018) Section 7.00: Appendix B (Effective 3/9/2018) Section 7.00: Appendix C (Effective 3/9/2018) 310 CMR 8.00: The Prevention and/or Abatement of Air Pollution Episode and Air Pollution Incident Emergencies Section 8.01: Introduction (Effective 3/9/2018) Section 8.02: Definitions (Effective 3/9/2018) Section 8.03: Air Pollution Episode Criteria (Effective 3/9/2018) Section 8.04: Air Pollution Episode Potential Advisories (Effective 3/9/2018) Section 8.05: Declaration of Air Pollution Episodes and Incidents (Effective 3/9/2018) Section 8.06: Termination of Air Pollution Episodes and Incident Emergencies (Effective 3/9/2018) Section 8.07: Emission Reductions Strategies (Effective 3/9/2018) Section 8.08: Emission Reduction Plans (Effective 3/9/2018) Section 8.15: Air Pollution Incident Emergency (Effective 3/9/2018) [[Page 56262]] Section 8.30: Severability (Effective 3/9/2018) * * * * * [FR Doc. 2018-24648 Filed 11-9-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 219 / Tuesday, November 13, 2018 / Rules and Regulations 56259
ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: Eric attainment or maintenance of federal or
AGENCY Wortman, Office of Ecosystem state ambient air quality standards and
Protection, U.S. Environmental compliance with part C of title I of the
40 CFR Part 55 Protection Agency, EPA Region 1, 5 Post CAA, that they are not designed
[EPA–R01–OAR–2018–0011; FRL–9983–52– Office Square (Mail Code OEP05–2), expressly to prevent exploration and
Region 1] Boston, MA 02109, (617) 918–1624, development of the OCS, and that they
wortman.eric@epa.gov. are potentially applicable to OCS
Outer Continental Shelf Air SUPPLEMENTARY INFORMATION: sources. See 40 CFR 55.1. The EPA has
Regulations; Consistency Update for Throughout this document whenever also evaluated the rules to ensure they
Massachusetts ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean are not arbitrary or capricious. See 40
EPA. CFR 55.12(e). In addition, the EPA has
AGENCY: Environmental Protection excluded administrative or procedural
Agency (EPA). Table of Contents rules,2 and requirements that regulate
ACTION: Final rule. toxics which are not related to the
I. Background and Purpose
SUMMARY: The Environmental Protection II. Response to Comments attainment and maintenance of federal
Agency (EPA) is updating a portion of III. Final Action and state ambient air quality standards.
IV. Incorporation by Reference Section 328(a) of the CAA requires
the Outer Continental Shelf (OCS) Air V. Statutory and Executive Order Reviews
Regulations. Requirements applying to that the EPA establish requirements to
OCS sources located within 25 miles of I. Background and Purpose control air pollution from OCS sources
states’ seaward boundaries must be located within 25 miles of states’
On September 4, 1992, the EPA seaward boundaries that are the same as
updated periodically to remain promulgated 40 CFR part 55,1 which
consistent with the requirements of the onshore requirements. To comply with
established requirements to control air this statutory mandate, the EPA must
corresponding onshore area (COA), as pollution from OCS sources in order to
mandated by section 328(a)(1) of the incorporate applicable onshore rules
attain and maintain federal and state into 40 CFR part 55 as they exist
Clean Air Act. The portion of the OCS ambient air quality standards and to
air regulations that is being updated onshore. This limits the EPA’s
comply with the provisions of part C of flexibility in deciding which
pertains to the requirements for OCS title I of the CAA. The regulations at 40
sources for which Massachusetts is the requirements will be incorporated into
CFR part 55 apply to all OCS sources 40 CFR part 55 and prevents the EPA
designated COA. The Commonwealth of offshore of the states except those
Massachusetts’ requirements discussed from making substantive changes to the
located in the Gulf of Mexico west of requirements it incorporates. As a
in this document will be incorporated 87.5 degrees longitude. Section 328 of
by reference into the Code of Federal result, the EPA may be incorporating
the CAA requires that for such sources rules into 40 CFR part 55 that do not
Regulations and listed in the appendix located within 25 miles of a state’s
to the federal OCS air regulations. conform to all of the EPA’s state
seaward boundary, the requirements implementation plan (SIP) guidance or
DATES: This rule is effective on shall be the same as would be
December 13, 2018. The incorporation certain requirements of the CAA.
applicable if the sources were located in Consistency updates may result in the
by reference of certain publications the COA. Because the OCS requirements
listed in this rule is approved by the inclusion of state or local rules or
are based on onshore requirements, and regulations into 40 CFR part 55, even
Director of the Federal Register as of onshore requirements may change,
December 13, 2018. though the same rules may ultimately be
section 328(a)(1) requires that the EPA disapproved for inclusion as part of the
ADDRESSES: EPA has established a update the OCS requirements as SIP. Inclusion in the OCS rule does not
docket for this action under Docket necessary to maintain consistency with imply that a rule meets the requirements
Identification No. EPA–R01–OAR– onshore requirements. of the CAA for SIP approval, nor does
2018–0011. All documents in the docket On February 12, 2018 (83 FR 5971), it imply that the rule will be approved
are listed on the https:// the EPA published a Notice of Proposed by the EPA for inclusion in the SIP.
www.regulations.gov website. Although Rulemaking (NPRM) proposing to On March 9, 2018, the
listed in the index, some information is incorporate various Massachusetts air Commonwealth of Massachusetts
not publicly available, i.e., CBI or other pollution control requirements into 40 amended certain regulatory provisions
information whose disclosure is CFR part 55. Pursuant to 40 CFR 55.12, that pertained to the EPA’s February 12,
restricted by statute. Certain other consistency reviews will occur (1) at 2018 proposed rulemaking. On May 9,
material, such as copyrighted material, least annually; (2) upon receipt of a 2018, the EPA reopened the comment
is not placed on the internet and will be Notice of Intent (NOI) under 40 CFR period for 30 days and provided notice
publicly available only in hard copy 55.4; or (3) when a state or local agency that the EPA modified the proposed
form. Publicly available docket submits a rule to the EPA to be regulatory text for incorporation by
materials are available at https:// considered for incorporation by reference in this action. See 83 FR
www.regulations.gov or at the U.S. reference in 40 CFR part 55. This action 21254 (May 9, 2018). The EPA also
Environmental Protection Agency, EPA is being taken in response to the added the March 9, 2018 amended
Region 1 Regional Office, Office of submittal of a NOI on December 11, regulations at 310 CMR 7.00 to the
Ecosystem Protection, Air Quality 2017 by Vineyard Wind, LLC. docket as part of reopening the
Planning Unit, 5 Post Office Square— The EPA reviewed the rules for comment period to give all interested
Suite 100, Boston, MA. EPA requests inclusion in 40 CFR part 55 to ensure
that if at all possible, you contact the that they are rationally related to the
amozie on DSK3GDR082PROD with RULES
2 Each COA which has been delegated the
contact listed in the FOR FURTHER authority to implement and enforce part 55 will use
INFORMATION CONTACT section to 1 The reader may refer to the Notice of Proposed its administrative and procedural rules as onshore.
schedule your inspection. The Regional Rulemaking, December 5, 1991 (56 FR 63774), and However, in those instances where the EPA has not
the preamble to the final rule promulgated delegated authority to implement and enforce part
Office’s official hours of business are September 4, 1992 (57 FR 40792) for further 55, the EPA will use its own administrative and
Monday through Friday, 8:30 a.m. to background and information on the OCS procedural requirements to implement the
4:30 p.m., excluding legal holidays. regulations. substantive requirements. See 40 CFR 55.14(c)(4).
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![56262 Federal Register / Vol. 83, No. 219 / Tuesday, November 13, 2018 / Rules and Regulations
Section 8.30: Severability (Effective 3/9/ I. General Information objection or hearing request, identified
2018) by docket ID number EPA–HQ–OPP–
A. Does this action apply to me?
* * * * * 2017–0694, by one of the following
[FR Doc. 2018–24648 Filed 11–9–18; 8:45 am] You may be potentially affected by methods:
BILLING CODE 6560–50–P this action if you are an agricultural • Federal eRulemaking Portal: http://
producer, food manufacturer, or www.regulations.gov. Follow the online
pesticide manufacturer. The following instructions for submitting comments.
ENVIRONMENTAL PROTECTION list of North American Industrial Do not submit electronically any
AGENCY Classification System (NAICS) codes is information you consider to be CBI or
not intended to be exhaustive, but rather other information whose disclosure is
40 CFR Part 180 provides a guide to help readers restricted by statute.
determine whether this document • Mail: OPP Docket, Environmental
[EPA–HQ–OPP–2017–0694; FRL–9985–32] applies to them. Potentially affected Protection Agency Docket Center (EPA/
entities may include: DC), (28221T), 1200 Pennsylvania Ave.
Cyantraniliprole; Pesticide Tolerances • Crop production (NAICS code 111). NW, Washington, DC 20460–0001.
• Animal production (NAICS code • Hand Delivery: To make special
AGENCY: Environmental Protection 112). arrangements for hand delivery or
Agency (EPA). • Food manufacturing (NAICS code delivery of boxed information, please
ACTION: Final rule. 311). follow the instructions at https://
• Pesticide manufacturing (NAICS www.epa.gov/dockets/where-send-
SUMMARY: This regulation establishes code 32532). comments-epa-dockets.
tolerances for residues of Additional instructions on
B. How can I get electronic access to commenting or visiting the docket,
cyantraniliprole in or on multiple other related information?
commodities which are identified and along with more information about
discussed later in this document. The You may access a frequently updated dockets generally, is available at http://
Interregional Research Project No. 4 (IR– electronic version of EPA’s tolerance www.epa.gov/dockets.
4) and DuPont Crop Protection regulations at 40 CFR part 180 through
II. Summary of Petitioned-For
requested these tolerances under the the Government Printing Office’s e-CFR
Tolerance
Federal Food, Drug, and Cosmetic Act site at http://www.ecfr.gov/cgi-bin/text-
(FFDCA). idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ In the Federal Register of March 21,
40tab_02.tpl. To access the OCSPP test 2018 (83 FR 12311) (FRL–9974–76),
DATES: This regulation is effective guidelines referenced in this document EPA issued a document pursuant to
November 13, 2018. Objections and electronically, please go to https:// FFDCA section 408(d)(3), 21 U.S.C.
requests for hearings must be received www.epa.gov/aboutepa/about-office- 346a(d)(3), announcing the filing of a
on or before January 14, 2019, and must chemical-safety-and-pollution- pesticide petition (PP 7E8631) by The
be filed in accordance with the prevention-ocspp and select ‘‘Test Interregional Research Project No. 4 (IR–
instructions provided in 40 CFR part Methods and Guidelines.’’ 4), Rutgers, The State University of New
178 (see also Unit I.C. of the Jersey, 500 College Road East, Suite 201
SUPPLEMENTARY INFORMATION). C. How can I file an objection or hearing W, Princeton, NJ 08540. The petition
request? requested that 40 CFR 180.672 be
ADDRESSES: The docket for this action,
identified by docket identification (ID) Under FFDCA section 408(g), 21 amended by establishing tolerances for
number EPA–HQ–OPP–2017–0694, is U.S.C. 346a, any person may file an residues of the insecticide,
available at http://www.regulations.gov objection to any aspect of this regulation cyantraniliprole, 3-bromo-1-(3-chloro-2-
or at the Office of Pesticide Programs and may also request a hearing on those pyridinyl)-N-[4-cyano-2-methyl-6-
Regulatory Public Docket (OPP Docket) objections. You must file your objection [((methylamino)carbonyl]phenyl]-1H-
in the Environmental Protection Agency or request a hearing on this regulation pyrazole-5-carboxamide, in or on Berry,
Docket Center (EPA/DC), West William in accordance with the instructions low growing, except strawberry,
Jefferson Clinton Bldg. Rm. 3334, 1301 provided in 40 CFR part 178. To ensure subgroup 13–07H, except blueberry,
Constitution Ave. NW, Washington, DC proper receipt by EPA, you must lowbush and lingonberry at 0.08 parts
20460–0001. The Public Reading Room identify docket ID number EPA–HQ– per million (ppm) (proposal to replace
is open from 8:30 a.m. to 4:30 p.m., OPP–2017–0694 in the subject line on an existing tolerance at the same level
Monday through Friday, excluding legal the first page of your submission. All that is only for imported Berry, low
holidays. The telephone number for the objections and requests for a hearing growing, except strawberry, subgroup
Public Reading Room is (202) 566–1744, must be in writing, and must be 13–07H, with a tolerance supporting
and the telephone number for the OPP received by the Hearing Clerk on or both domestic production and imported
Docket is (703) 305–5805. Please review before January 14, 2019. Addresses for low growing berries, except
the visitor instructions and additional mail and hand delivery of objections strawberries); Brassica, leafy greens,
information about the docket available and hearing requests are provided in 40 subgroup 4–16B at 30 ppm; Caneberry
at http://www.epa.gov/dockets. CFR 178.25(b). subgroup 13–07A at 4.0 ppm; Celtuce at
In addition to filing an objection or 20 ppm; Coffee, green bean at 0.05 ppm
FOR FURTHER INFORMATION CONTACT: hearing request with the Hearing Clerk (proposal to replace an existing
Michael Goodis, Registration Division as described in 40 CFR part 178, please tolerance at the same level that is only
(7505P), Office of Pesticide Programs, submit a copy of the filing (excluding for imported Coffee, green bean with a
amozie on DSK3GDR082PROD with RULES
Environmental Protection Agency, 1200 any Confidential Business Information tolerance supporting both domestic
Pennsylvania Ave. NW, Washington, DC (CBI)) for inclusion in the public docket. production and imported coffee);
20460–0001; main telephone number: Information not marked confidential Florence fennel at 20 ppm; Kohlrabi at
(703) 305–7090; email address: pursuant to 40 CFR part 2 may be 3.0 ppm; Leafy greens subgroup 4–16A
RDFRNotices@epa.gov. disclosed publicly by EPA without prior at 20 ppm; Leaf petiole vegetable
SUPPLEMENTARY INFORMATION: notice. Submit the non-CBI copy of your subgroup 22B at 20 ppm; and Vegetable,
VerDate Sep<11>2014 16:36 Nov 09, 2018 Jkt 247001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\13NOR1.SGM 13NOR1](https://thefederalregister.org/doc/83_FR_56478/page/4.svg)
Document Created: 2018-11-10 03:18:13
Document Modified: 2018-11-10 03:18:13
| 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 | Final rule. | |
| Dates | This rule is effective on December 13, 2018. The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of December 13, 2018. | |
| Contact | Eric Wortman, Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office Square (Mail Code OEP05-2), Boston, MA 02109, (617) 918-1624, [email protected] | |
| FR Citation | 83 FR 56259 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Outer Continental Shelf; Ozone; Particulate Matter; Permits; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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