83_FR_6000 83 FR 5971 - Outer Continental Shelf Air Regulations; Consistency Update for Massachusetts

83 FR 5971 - Outer Continental Shelf Air Regulations; Consistency Update for Massachusetts

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 29 (February 12, 2018)

Page Range5971-5974
FR Document2018-02809

The Environmental Protection Agency (EPA) is proposing to update 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 intended effect of approving the OCS requirements for the Massachusetts Department of Environmental Protection is to regulate emissions from OCS sources in accordance with the requirements for onshore sources. The Commonwealth of Massachusetts' requirements discussed in this document are proposed to be incorporated by reference into the Code of Federal Regulations and listed in the appendix to the OCS air regulations.

Federal Register, Volume 83 Issue 29 (Monday, February 12, 2018)
[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]
[Proposed Rules]
[Pages 5971-5974]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02809]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R01-OAR-2018-0011; FRL-9974-28-Region 1]


Outer Continental Shelf Air Regulations; Consistency Update for 
Massachusetts

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
update 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 
intended effect of approving the OCS requirements for the Massachusetts 
Department of Environmental Protection is to regulate emissions from 
OCS sources in accordance with the requirements for onshore sources. 
The Commonwealth of Massachusetts' requirements discussed in this 
document are proposed to be incorporated by reference into the Code of 
Federal Regulations and listed in the appendix to the OCS air 
regulations.

DATES: Written comments must be received on or before March 14, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2018-0011 at http://www.regulations.gov, or via email to 
wortman.eric@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://www.epa.gov/dockets/commenting-epa-dockets. Publicly 
available docket materials are available at http://www.regulations.gov 
or at the U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Permitting, 
Toxics, and Indoor Programs 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 New England 
Regional Office, 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. EPA's Evaluation
III. Proposed 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.
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    \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.
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    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 
proposed action is being taken in response to the submittal of a NOI on 
December 11, 2017 by Vineyard Wind, LLC. Public comments received in 
writing within 30 days of publication of this document will be 
considered by the EPA before publishing a final rule.
    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

[[Page 5972]]

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.

II. EPA's Evaluation

    In updating 40 CFR part 55, 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.
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    \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).
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    The EPA is soliciting public comments on the issues discussed in 
this document or on other relevant matters. These comments will be 
considered before taking final action. Interested parties may 
participate in the Federal rulemaking procedure by submitting written 
comments to the EPA New England Region Office listed in the ADDRESSES 
section of this Federal Register.

III. Proposed Action

    The EPA is proposing to incorporate the rules potentially 
applicable to sources for which the Commonwealth of Massachusetts will 
be the COA. The rules that the EPA proposes to incorporate are 
applicable provisions of (1) 310 Code of Massachusetts Regulations 
(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 January 16, 2018. The 
rules that EPA proposes to incorporate in this action will replace the 
rules previously incorporated into 40 CFR part 55 for Massachusetts. 
See 75 FR 51950; August 24, 2010.
    With respect to the Air Pollution Control regulations at 310 CMR 
7.00, Massachusetts is divided into six regions known as air pollution 
control districts, three of which (Merrimack Valley, Metropolitan 
Boston, and Southeastern Massachusetts) are coastal.\3\ Many of the 
specific provisions of the Air Pollution Control regulations are 
limited to certain air pollution control districts, or apply 
differently in different air pollution control districts.
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    \3\ These districts are not associated with separate air 
pollution control agencies; they are purely conceptual.
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    In interpreting such provisions as they are incorporated into 40 
CFR part 55, the EPA proposes to treat any existing or proposed OCS 
source as if it were located in the specific air pollution control 
district that is geographically closest to the source. The EPA is 
relying on this interpretation for purposes of this action. If the EPA 
does not receive comments to the contrary from any party during the 
public comment period, the interpretation stated above will represent 
the EPA's formal interpretations of the provisions incorporated into 40 
CFR part 55 for the purposes of federal law.
    With respect to the Prevention and/or Abatement of Air Pollution 
Episode and Air Pollution Incident Emergencies regulations at 310 CMR 
8.00, the EPA proposes to rely on the Massachusetts Department of 
Environmental Protection's evaluation, declaration, and notice of an 
Air Pollution Episode or Incident Emergency applicable to the point on 
land nearest to an OCS source. Specifically, in interpreting the 
Massachusetts Prevention and/or Abatement of Air Pollution Episode and 
Air Pollution Incident Emergencies regulations as they are incorporated 
into 40 CFR part 55, the EPA proposes to treat any existing or proposed 
OCS source as if it were located at the point on land that is 
geographically closest to the source. The restrictions that the 
Department of Environmental Protection applies to onshore sources on 
that point of land pursuant to these regulations would then apply to 
the OCS source as if it were located on that point of land. The EPA is 
relying on this interpretation for purposes of this action. If the EPA 
does not receive comments to the contrary from any party during the 
public comment period, the interpretation stated above will represent 
the EPA's formal interpretations of the provisions incorporated into 40 
CFR part 55 for the purposes of federal law.
    The interpretations discussed above are consistent with the 
interpretations of the Commonwealth of Massachusetts regulations in 
prior Agency actions for the purposes of consistency updates under 40 
CFR part 55. See 73 FR 10406; February 27, 2008.

IV. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference the Code of Massachusetts Regulations rules 
set forth below. The EPA has made, and will continue to make, these 
materials available through www.regulations.gov and at the EPA New 
England 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 Orders12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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);

[[Page 5973]]

     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 the 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 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).
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    \4\ OMB's approval of the ICR can be viewed at www.reginfo.gov.
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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: January 24, 2018.
Alexandra Dapolito Dunn,
Regional Administrator, EPA New England.

    For the reasons set out in the preamble, title 40 of the Code of 
Federal Regulations, part 55, is proposed to be amended as follows:

PART 55--OUTER CONTIENTAL 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, January 16, 2018.
* * * * *
0
3. Appendix A to part 55 is amended by revising the paragraph for 
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) State requirements.
    (1) The following Commonwealth of Massachusetts requirements are 
applicable to OCS Sources, January 16, 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 1/1/2016)
Section 6.02: Scope (Effective 1/1/2016)
Section 6.03: Reference Conditions (Effective 1/1/2016)
Section 6.04: Standards (Effective 1/1/2016)

310 CMR 7.00: Air Pollution Control

Section 7.00: Statutory Authority; Legend; Preamble; Definitions 
(Effective 1/1/2016)
Section 7.01: General Regulations to Prevent Air Pollution 
(Effective 1/1/2016)
Section 7.02: U Plan Approval and Emission Limitations (Effective 1/
1/2016)
Section 7.03: U Plan Approval Exemptions: Construction Requirements 
(Effective 1/1/2016)
Section 7.04: U Fossil Fuel Utilization Facilities (Effective 1/1/
2016)
Section 7.05: U Fuels All Districts (Effective 1/1/2016)
Section 7.06: U Visible Emissions (Effective 1/1/2016)
Section 7.07: U Open Burning (Effective 1/1/2016)
Section 7.08: U Incinerators (Effective 1/1/2016)
Section 7.09: U Dust, Odor, Construction and Demolition (Effective 
1/1/2016)
Section 7.11: U Transportation Media (Effective 1/1/2016)
Section 7.12: U Source Registration (Effective 1/1/2016)
Section 7.13: U Stack Testing (Effective 1/1/2016)
Section 7.14: U Monitoring Devices and Reports (Effective 1/1/2016)
Section 7.18: U Volatile and Halogenated Organic Compounds 
(Effective 1/1/2016)
Section 7.19: U Reasonably Available Control Technology (RACT) for 
Sources of Oxides of Nitrogen (NOX) (Effective 1/1/2016)
Section 7.21: Sulfur Dioxide Emissions Limitations (Effective 1/1/
2016)
Section 7.22: Sulfur Dioxide Emissions Reductions for the Purpose of 
Reducing Acid Rain (Effective 1/1/2016)
Section 7.24: U Organic Material Storage and Distribution (Effective 
1/1/2016)
Section 7.25: U Best Available Controls for Consumer and Commercial 
Products (Effective 1/1/2016)
Section 7.26: Industry Performance Standards (Effective 9/9/2016)
Section 7.60: U Severability (Effective 1/1/2016)
Section 7.00: Appendix A (Effective 1/1/2016)
Section 7.00: Appendix B (Effective 1/1/2016)
Section 7.00: Appendix C (Effective 1/1/2016)

310 CMR 8.00: The Prevention and/or Abatement of Air Pollution 
Episode and Air Pollution Incident Emergencies

Section 8.01: Introduction (Effective 1/1/2016)
Section 8.02: Definitions (Effective 1/1/2016)
Section 8.03: Air Pollution Episode Criteria (Effective 1/1/2016)
Section 8.04: Air Pollution Episode Potential Advisories (Effective 
1/1/2016)
Section 8.05: Declaration of Air Pollution Episodes and Incidents 
(Effective 1/1/2016)

[[Page 5974]]

Section 8.06: Termination of Air Pollution Episodes and Incident 
Emergencies (Effective 1/1/2016)
Section 8.07: Emission Reductions Strategies (Effective 1/1/2016)
Section 8.08: Emission Reduction Plans (Effective 1/1/2016)
Section 8.15: Air Pollution Incident Emergency (Effective 1/1/2016)
Section 8.30: Severability (Effective 1/1/2016)
(2) [Reserved]
* * * * *
[FR Doc. 2018-02809 Filed 2-9-18; 8:45 am]
BILLING CODE 6560-50-P



                                                                       Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Proposed Rules                                                     5971

                                                 of commercial items, to include the time                online instructions for submitting                    I. Background and Purpose
                                                 saved, the reduction in paperwork, and                  comments. Once submitted, comments                       On September 4, 1992, the EPA
                                                 any other cost savings for a particular                 cannot be edited or removed from                      promulgated 40 CFR part 55,1 which
                                                 change.                                                 Regulations.gov. For either manner of                 established requirements to control air
                                                   The Department will review all                        submission, the EPA may publish any                   pollution from OCS sources in order to
                                                 comments from the public. If a                          comment received to its public docket.                attain and maintain federal and state
                                                 rulemaking is warranted based on the                    Do not submit electronically any                      ambient air quality standards and to
                                                 comments received, the Department will                  information you consider to be                        comply with the provisions of part C of
                                                 respond to comments received in a                       Confidential Business Information (CBI)               title I of the CAA. The regulations at 40
                                                 proposed rulemaking in the Federal                      or other information whose disclosure is              CFR part 55 apply to all OCS sources
                                                 Register.                                                                                                     offshore of the states except those
                                                                                                         restricted by statute. Multimedia
                                                 Richard Koelling,                                       submissions (audio, video, etc.) must be              located in the Gulf of Mexico west of
                                                 Acting Director, Office of Defense Trade                accompanied by a written comment.                     87.5 degrees longitude. Section 328 of
                                                 Controls Policy, Bureau of Political-Military           The written comment is considered the                 the CAA requires that for such sources
                                                 Affairs, U.S. Department of State.                      official comment and should include                   located within 25 miles of a state’s
                                                 [FR Doc. 2018–02495 Filed 2–9–18; 8:45 am]              discussion of all points you wish to                  seaward boundary, the requirements
                                                 BILLING CODE 4710–25–P                                  make. The EPA will generally not                      shall be the same as would be
                                                                                                         consider comments or comment                          applicable if the sources were located in
                                                                                                         contents located outside of the primary               the COA. Because the OCS requirements
                                                 ENVIRONMENTAL PROTECTION                                submission (i.e. on the web, cloud, or                are based on onshore requirements, and
                                                 AGENCY                                                                                                        onshore requirements may change,
                                                                                                         other file sharing system). For
                                                                                                                                                               section 328(a)(1) requires that the EPA
                                                                                                         additional submission methods, please
                                                 40 CFR Part 55                                                                                                update the OCS requirements as
                                                                                                         contact the person identified in the FOR
                                                                                                                                                               necessary to maintain consistency with
                                                 [EPA–R01–OAR–2018–0011; FRL–9974–28–                    FURTHER INFORMATION CONTACT section.
                                                 Region 1]
                                                                                                                                                               onshore requirements.
                                                                                                         For the full EPA public comment policy,                  Pursuant to 40 CFR 55.12, consistency
                                                                                                         information about CBI or multimedia                   reviews will occur (1) at least annually;
                                                 Outer Continental Shelf Air
                                                                                                         submissions, and general guidance on                  (2) upon receipt of a Notice of Intent
                                                 Regulations; Consistency Update for
                                                                                                         making effective comments, please visit               (NOI) under 40 CFR 55.4; or (3) when
                                                 Massachusetts
                                                                                                         http://www.epa.gov/dockets/                           a state or local agency submits a rule to
                                                 AGENCY:  Environmental Protection                       commenting-epa-dockets. Publicly                      the EPA to be considered for
                                                 Agency.                                                 available docket materials are available              incorporation by reference in 40 CFR
                                                 ACTION: Proposed rule.                                  at http://www.regulations.gov or at the               part 55. This proposed action is being
                                                                                                         U.S. Environmental Protection Agency,                 taken in response to the submittal of a
                                                 SUMMARY:   The Environmental Protection                 EPA New England Regional Office,                      NOI on December 11, 2017 by Vineyard
                                                 Agency (EPA) is proposing to update a                   Office of Ecosystem Protection, Air                   Wind, LLC. Public comments received
                                                 portion of the Outer Continental Shelf                                                                        in writing within 30 days of publication
                                                                                                         Permitting, Toxics, and Indoor Programs
                                                 (OCS) Air Regulations. Requirements                                                                           of this document will be considered by
                                                                                                         Unit, 5 Post Office Square—Suite 100,
                                                 applying to OCS sources located within                                                                        the EPA before publishing a final rule.
                                                 25 miles of states’ seaward boundaries                  Boston, MA. EPA requests that if at all
                                                                                                         possible, you contact the contact listed                 Section 328(a) of the CAA requires
                                                 must be updated periodically to remain                                                                        that the EPA establish requirements to
                                                 consistent with the requirements of the                 in the FOR FURTHER INFORMATION
                                                                                                         CONTACT section to schedule your                      control air pollution from OCS sources
                                                 corresponding onshore area (COA), as                                                                          located within 25 miles of States’
                                                 mandated by section 328(a)(1) of the                    inspection. The Regional Office’s
                                                                                                         official hours of business are Monday                 seaward boundaries that are the same as
                                                 Clean Air Act. The portion of the OCS                                                                         onshore requirements. To comply with
                                                 air regulations that is being updated                   through Friday, 8:30 a.m. to 4:30 p.m.,
                                                                                                                                                               this statutory mandate, the EPA must
                                                 pertains to the requirements for OCS                    excluding legal holidays.
                                                                                                                                                               incorporate applicable onshore rules
                                                 sources for which Massachusetts is the                  FOR FURTHER INFORMATION CONTACT:    Eric              into 40 CFR part 55 as they exist
                                                 designated COA. The intended effect of                  Wortman, Office of Ecosystem                          onshore. This limits the EPA’s
                                                 approving the OCS requirements for the                  Protection, U.S. Environmental                        flexibility in deciding which
                                                 Massachusetts Department of                                                                                   requirements will be incorporated into
                                                                                                         Protection Agency, EPA New England
                                                 Environmental Protection is to regulate                                                                       40 CFR part 55 and prevents the EPA
                                                                                                         Regional Office, 5 Post Office Square
                                                 emissions from OCS sources in                                                                                 from making substantive changes to the
                                                 accordance with the requirements for                    (Mail Code OEP05–2), Boston, MA
                                                                                                         02109, (617) 918–1624, wortman.eric@                  requirements it incorporates. As a
                                                 onshore sources. The Commonwealth of                                                                          result, the EPA may be incorporating
                                                 Massachusetts’ requirements discussed                   epa.gov.
                                                                                                                                                               rules into 40 CFR part 55 that do not
                                                 in this document are proposed to be                     SUPPLEMENTARY INFORMATION:                            conform to all of the EPA’s state
                                                 incorporated by reference into the Code                 Throughout this document whenever                     implementation plan (SIP) guidance or
                                                 of Federal Regulations and listed in the                ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           certain requirements of the CAA.
                                                 appendix to the OCS air regulations.                                                                          Consistency updates may result in the
                                                                                                         EPA.
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 DATES: Written comments must be                                                                               inclusion of state or local rules or
                                                 received on or before March 14, 2018.                   Table of Contents                                     regulations into 40 CFR part 55, even
                                                 ADDRESSES: Submit your comments,                        I. Background and Purpose
                                                 identified by Docket ID No. EPA–R01–                    II. EPA’s Evaluation
                                                                                                                                                                 1 The reader may refer to the Notice of Proposed

                                                 OAR–2018–0011 at http://                                                                                      Rulemaking, December 5, 1991 (56 FR 63774), and
                                                                                                         III. Proposed Action                                  the preamble to the final rule promulgated
                                                 www.regulations.gov, or via email to                    IV. Incorporation by Reference                        September 4, 1992 (57 FR 40792) for further
                                                 wortman.eric@epa.gov. For comments                      V. Statutory and Executive Order Reviews              background and information on the OCS
                                                 submitted at Regulations.gov, follow the                                                                      regulations.



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                                                 5972                  Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Proposed Rules

                                                 though the same rules may ultimately be                 previously incorporated into 40 CFR                    incorporated into 40 CFR part 55 for the
                                                 disapproved for inclusion as part of the                part 55 for Massachusetts. See 75 FR                   purposes of federal law.
                                                 SIP. Inclusion in the OCS rule does not                 51950; August 24, 2010.                                  The interpretations discussed above
                                                 imply that a rule meets the requirements                   With respect to the Air Pollution                   are consistent with the interpretations of
                                                 of the CAA for SIP approval, nor does                   Control regulations at 310 CMR 7.00,                   the Commonwealth of Massachusetts
                                                 it imply that the rule will be approved                 Massachusetts is divided into six                      regulations in prior Agency actions for
                                                 by the EPA for inclusion in the SIP.                    regions known as air pollution control                 the purposes of consistency updates
                                                 II. EPA’s Evaluation                                    districts, three of which (Merrimack                   under 40 CFR part 55. See 73 FR 10406;
                                                                                                         Valley, Metropolitan Boston, and                       February 27, 2008.
                                                    In updating 40 CFR part 55, the EPA                  Southeastern Massachusetts) are
                                                 reviewed the rules for inclusion in 40                                                                         IV. Incorporation by Reference
                                                                                                         coastal.3 Many of the specific provisions
                                                 CFR part 55 to ensure that they are                     of the Air Pollution Control regulations                 In this rule, the EPA is proposing to
                                                 rationally related to the attainment or                 are limited to certain air pollution                   include in a final EPA rule regulatory
                                                 maintenance of federal or state ambient                 control districts, or apply differently in             text that includes incorporation by
                                                 air quality standards and compliance                    different air pollution control districts.             reference. In accordance with the
                                                 with part C of title I of the CAA, that                                                                        requirements of 1 CFR 51.5, the EPA is
                                                                                                            In interpreting such provisions as
                                                 they are not designed expressly to                                                                             proposing to incorporate by reference
                                                                                                         they are incorporated into 40 CFR part
                                                 prevent exploration and development of                                                                         the Code of Massachusetts Regulations
                                                                                                         55, the EPA proposes to treat any
                                                 the OCS, and that they are potentially                                                                         rules set forth below. The EPA has
                                                                                                         existing or proposed OCS source as if it
                                                 applicable to OCS sources. See 40 CFR                                                                          made, and will continue to make, these
                                                                                                         were located in the specific air pollution
                                                 55.1. The EPA has also evaluated the                                                                           materials available through
                                                                                                         control district that is geographically
                                                 rules to ensure they are not arbitrary or                                                                      www.regulations.gov and at the EPA
                                                                                                         closest to the source. The EPA is relying
                                                 capricious. See 40 CFR 55.12(e). In                                                                            New England Region 1 Office (please
                                                                                                         on this interpretation for purposes of
                                                 addition, the EPA has excluded                                                                                 contact the person identified in the FOR
                                                                                                         this action. If the EPA does not receive
                                                 administrative or procedural rules,2 and                                                                       FURTHER INFORMATION CONTACT section of
                                                                                                         comments to the contrary from any
                                                 requirements that regulate toxics which                                                                        this preamble for more information).
                                                                                                         party during the public comment
                                                 are not related to the attainment and
                                                                                                         period, the interpretation stated above                V. Statutory and Executive Order
                                                 maintenance of federal and state
                                                                                                         will represent the EPA’s formal                        Reviews
                                                 ambient air quality standards.
                                                                                                         interpretations of the provisions
                                                    The EPA is soliciting public                                                                                   Under the Clean Air Act, the
                                                                                                         incorporated into 40 CFR part 55 for the
                                                 comments on the issues discussed in                                                                            Administrator is required to establish
                                                                                                         purposes of federal law.
                                                 this document or on other relevant                                                                             requirements to control air pollution
                                                 matters. These comments will be                            With respect to the Prevention and/or
                                                                                                                                                                from OCS sources located within 25
                                                 considered before taking final action.                  Abatement of Air Pollution Episode and
                                                                                                                                                                miles of states’ seaward boundaries that
                                                 Interested parties may participate in the               Air Pollution Incident Emergencies
                                                                                                                                                                are the same as onshore air pollution
                                                 Federal rulemaking procedure by                         regulations at 310 CMR 8.00, the EPA
                                                                                                                                                                control requirements. To comply with
                                                 submitting written comments to the                      proposes to rely on the Massachusetts
                                                                                                                                                                this statutory mandate, the EPA must
                                                 EPA New England Region Office listed                    Department of Environmental
                                                                                                                                                                incorporate applicable onshore rules
                                                 in the ADDRESSES section of this Federal                Protection’s evaluation, declaration, and
                                                                                                                                                                into 40 CFR part 55 as they exist
                                                 Register.                                               notice of an Air Pollution Episode or
                                                                                                                                                                onshore. See 42 U.S.C. 7627(a)(1); 40
                                                                                                         Incident Emergency applicable to the
                                                 III. Proposed Action                                                                                           CFR 55.12. Thus, in promulgating OCS
                                                                                                         point on land nearest to an OCS source.
                                                                                                                                                                consistency updates, the EPA’s role is to
                                                    The EPA is proposing to incorporate                  Specifically, in interpreting the
                                                                                                                                                                maintain consistency between OCS
                                                 the rules potentially applicable to                     Massachusetts Prevention and/or
                                                                                                                                                                regulations and the regulations of
                                                 sources for which the Commonwealth of                   Abatement of Air Pollution Episode and
                                                                                                                                                                onshore areas, provided that they meet
                                                 Massachusetts will be the COA. The                      Air Pollution Incident Emergencies
                                                                                                                                                                the criteria of the CAA. Accordingly,
                                                 rules that the EPA proposes to                          regulations as they are incorporated into
                                                                                                                                                                this action simply updates the existing
                                                 incorporate are applicable provisions of                40 CFR part 55, the EPA proposes to
                                                                                                                                                                OCS requirements to make them
                                                 (1) 310 Code of Massachusetts                           treat any existing or proposed OCS
                                                                                                                                                                consistent with requirements onshore,
                                                 Regulations (CMR) 4.00: Timely Action                   source as if it were located at the point
                                                                                                                                                                without the exercise of any policy
                                                 Schedule and Fee Provisions; (2) 310                    on land that is geographically closest to
                                                                                                                                                                direction by the EPA. For that reason,
                                                 CMR 6.00: Ambient Air Quality                           the source. The restrictions that the
                                                                                                                                                                this action:
                                                 Standards for the Commonwealth of                       Department of Environmental Protection
                                                                                                         applies to onshore sources on that point                  • Is not a significant regulatory action
                                                 Massachusetts; (3) 310 CMR 7.00: Air                                                                           subject to review by the Office of
                                                 Pollution Control; and (4) 310 CMR                      of land pursuant to these regulations
                                                                                                         would then apply to the OCS source as                  Management and Budget under
                                                 8.00: The Prevention and/or Abatement                                                                          Executive Orders12866 (58 FR 51735,
                                                 of Air Pollution Episode and Air                        if it were located on that point of land.
                                                                                                         The EPA is relying on this interpretation              October 4, 1993) and 13563 (76 FR 3821,
                                                 Pollution Incident Emergencies as                                                                              January 21, 2011);
                                                 amended through January 16, 2018. The                   for purposes of this action. If the EPA
                                                                                                         does not receive comments to the                          • Is certified as not having a
                                                 rules that EPA proposes to incorporate
                                                                                                         contrary from any party during the                     significant economic impact on a
                                                 in this action will replace the rules
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                                                                                                         public comment period, the                             substantial number of small entities
                                                    2 Each COA which has been delegated the              interpretation stated above will                       under the Regulatory Flexibility Act (5
                                                 authority to implement and enforce part 55 will use     represent the EPA’s formal                             U.S.C. 601 et seq.);
                                                 its administrative and procedural rules as onshore.     interpretations of the provisions                         • Does not contain any unfunded
                                                 However, in those instances where the EPA has not                                                              mandate or significantly or uniquely
                                                 delegated authority to implement and enforce part
                                                 55, the EPA will use its own administrative and           3 These districts are not associated with separate   affect small governments, as described
                                                 procedural requirements to implement the                air pollution control agencies; they are purely        in the Unfunded Mandates Reform Act
                                                 substantive requirements. See 40 CFR 55.14(c)(4).       conceptual.                                            of 1995 (Pub. L. 104–4);


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                                                                       Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Proposed Rules                                                5973

                                                   • Does not have Federalism                            Intergovernmental relations, Lead,                    310 CMR 6.00: Ambient Air Quality
                                                 implications as specified in Executive                  Nitrogen dioxide, Outer continental                   Standards for the Commonwealth of
                                                 Order 13132 (64 FR 43255, August 10,                    shelf, Ozone, Particulate matter,                     Massachusetts
                                                 1999);                                                  Permits, Reporting and recordkeeping                  Section 6.01: Definitions (Effective 1/1/2016)
                                                   • Is not an economically significant                  requirements, Sulfur oxides, Volatile                 Section 6.02: Scope (Effective 1/1/2016)
                                                 regulatory action based on health or                    organic compounds.                                    Section 6.03: Reference Conditions (Effective
                                                                                                                                                                 1/1/2016)
                                                 safety risks subject to Executive Order                   Dated: January 24, 2018.                            Section 6.04: Standards (Effective 1/1/2016)
                                                 13045 (62 FR 19885, April 23, 1997);
                                                                                                         Alexandra Dapolito Dunn,
                                                   • Is not a significant regulatory action                                                                    310 CMR 7.00: Air Pollution Control
                                                 subject to Executive Order 13211 (66 FR                 Regional Administrator, EPA New England.
                                                                                                                                                               Section 7.00: Statutory Authority; Legend;
                                                 28355, May 22, 2001);                                     For the reasons set out in the                        Preamble; Definitions (Effective 1/1/2016)
                                                   • Is not subject to requirements of                   preamble, title 40 of the Code of Federal             Section 7.01: General Regulations to Prevent
                                                 section 12(d) of the National                                                                                   Air Pollution (Effective 1/1/2016)
                                                                                                         Regulations, part 55, is proposed to be               Section 7.02: U Plan Approval and Emission
                                                 Technology Transfer and Advancement                     amended as follows:                                     Limitations (Effective 1/1/2016)
                                                 Act of 1995 (15 U.S.C. 272 note) because
                                                                                                                                                               Section 7.03: U Plan Approval Exemptions:
                                                 application of those requirements would                 PART 55—OUTER CONTIENTAL                                Construction Requirements (Effective 1/1/
                                                 be inconsistent with the Clean Air Act;                 SHELF AIR REGULATIONS                                   2016)
                                                 and                                                                                                           Section 7.04: U Fossil Fuel Utilization
                                                   • Does not provide the EPA with the                   ■ 1. The authority citation for part 55                 Facilities (Effective 1/1/2016)
                                                 discretionary authority to address, as                  continues to read as follows:                         Section 7.05: U Fuels All Districts (Effective
                                                 appropriate, disproportionate human                                                                             1/1/2016)
                                                                                                           Authority: Section 328 of the Clean Air Act         Section 7.06: U Visible Emissions (Effective
                                                 health or environmental effects, using                  (42 U.S.C. 7401, et seq.) as amended by                 1/1/2016)
                                                 practicable and legally permissible                     Public Law 101–549.                                   Section 7.07: U Open Burning (Effective 1/1/
                                                 methods, under Executive Order 12898                                                                            2016)
                                                 (59 FR 7629, February 16, 1994).                        ■ 2. Section 55.14 is amended by
                                                                                                         revising paragraph (e)(11)(i)(A) to read              Section 7.08: U Incinerators (Effective 1/1/
                                                   In addition, this rule does have tribal                                                                       2016)
                                                 implications as specified by Executive                  as follows:                                           Section 7.09: U Dust, Odor, Construction and
                                                 Order 13175 (65 FR 67249, November 9,                   § 55.14 Requirements that apply to OCS                  Demolition (Effective 1/1/2016)
                                                 2000), because it does not have a                       sources located within 25 miles of States’            Section 7.11: U Transportation Media
                                                 substantial direct effect on one or more                seaward boundaries, by State.                           (Effective 1/1/2016)
                                                                                                                                                               Section 7.12: U Source Registration (Effective
                                                 Indian tribes, on the relationship                      *     *     *    *    *                                 1/1/2016)
                                                 between the Federal Government and                        (e) * * *                                           Section 7.13: U Stack Testing (Effective 1/1/
                                                 Indian tribes, or on the distribution of                                                                        2016)
                                                 power and responsibilities between the                    (11) * * *
                                                                                                                                                               Section 7.14: U Monitoring Devices and
                                                 Federal Government and Indian tribes,                     (i) * * *                                             Reports (Effective 1/1/2016)
                                                 nor does it impose substantial direct                     (A) Commonwealth of Massachusetts                   Section 7.18: U Volatile and Halogenated
                                                 compliance costs on tribal governments                  Requirements Applicable to OCS                          Organic Compounds (Effective 1/1/2016)
                                                                                                         Sources, January 16, 2018.                            Section 7.19: U Reasonably Available Control
                                                 or preempt tribal law.
                                                                                                                                                                 Technology (RACT) for Sources of Oxides
                                                   Under the provisions of the                           *     *     *    *    *                                 of Nitrogen (NOX) (Effective 1/1/2016)
                                                 Paperwork Reduction Act, 44 U.S.C                       ■ 3. Appendix A to part 55 is amended                 Section 7.21: Sulfur Dioxide Emissions
                                                 3501 et seq., an agency may not conduct                 by revising the paragraph for                           Limitations (Effective 1/1/2016)
                                                 or sponsor, and a person is not required                Massachusetts to read as follows:                     Section 7.22: Sulfur Dioxide Emissions
                                                 to respond to, a collection of                                                                                  Reductions for the Purpose of Reducing
                                                 information unless it displays a                        Appendix A to Part 55—Listing of State                  Acid Rain (Effective 1/1/2016)
                                                 currently valid OMB control number.                     and Local Requirements Incorporated                   Section 7.24: U Organic Material Storage and
                                                                                                         by Reference Into Part 55, By State                     Distribution (Effective 1/1/2016)
                                                 OMB has approved the information                                                                              Section 7.25: U Best Available Controls for
                                                 collection requirements contained in 40                 *      *      *      *       *                          Consumer and Commercial Products
                                                 CFR part 55 and, by extension, this                                                                             (Effective 1/1/2016)
                                                                                                         Massachusetts
                                                 update to the rules, and has assigned                                                                         Section 7.26: Industry Performance
                                                 OMB control number 2060–0249. OMB                         (a) State requirements.                               Standards (Effective 9/9/2016)
                                                 approved the EPA Information                              (1) The following Commonwealth of                   Section 7.60: U Severability (Effective 1/1/
                                                                                                         Massachusetts requirements are applicable to            2016)
                                                 Collection Request (ICR) No. 1601.08 on
                                                                                                         OCS Sources, January 16, 2018,                        Section 7.00: Appendix A (Effective 1/1/
                                                 September 18, 2017.4 The current                        Commonwealth of Massachusetts—                          2016)
                                                 approval expires September 30, 2020.                    Department of Environmental Protection. The           Section 7.00: Appendix B (Effective 1/1/
                                                 The annual public reporting and                         following sections of 310 CMR 4.00, 310                 2016)
                                                 recordkeeping burden for collection of                  CMR 6.00, 310 CMR 7.00 and 310 CMR 8.00:              Section 7.00: Appendix C (Effective 1/1/
                                                 information under 40 CFR part 55 is                                                                             2016)
                                                                                                         310 CMR 4.00: Timely Action Schedule and
                                                 estimated to average 643 hours per                      Fee Provisions                                        310 CMR 8.00: The Prevention and/or
                                                 response, using the definition of burden                                                                      Abatement of Air Pollution Episode and Air
                                                                                                         Section 4.01: Purpose, Authority and General
                                                 provided in 44 U.S.C. 3502(2).                                                                                Pollution Incident Emergencies
                                                                                                           Provisions (Effective 3/24/2017)
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                                                 List of Subjects in 40 CFR Part 55                      Section 4.02: Definitions (Effective 3/24/            Section 8.01: Introduction (Effective 1/1/
                                                                                                           2017)                                                 2016)
                                                   Environmental protection,                             Section 4.03: Annual Compliance Assurance             Section 8.02: Definitions (Effective 1/1/2016)
                                                 Administrative practice and procedure,                    Fee (Effective 3/24/2017)                           Section 8.03: Air Pollution Episode Criteria
                                                 Air pollution control, Carbon monoxide,                 Section 4.04: Permit Application Schedules              (Effective 1/1/2016)
                                                 Incorporation by reference,                               and Fee (Effective 3/24/2017)                       Section 8.04: Air Pollution Episode Potential
                                                                                                         Section 4.10: Appendix: Schedules for                   Advisories (Effective 1/1/2016)
                                                  4 OMB’s approval of the ICR can be viewed at             Timely Action and Permit Application                Section 8.05: Declaration of Air Pollution
                                                 www.reginfo.gov.                                          Fees (Effective 3/24/2017)                            Episodes and Incidents (Effective 1/1/2016)



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                                                 5974                  Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Proposed Rules

                                                 Section 8.06: Termination of Air Pollution              Section 8.08: Emission Reduction Plans                (2) [Reserved]
                                                   Episodes and Incident Emergencies                       (Effective 1/1/2016)                                *        *    *    *      *
                                                   (Effective 1/1/2016)                                  Section 8.15: Air Pollution Incident                  [FR Doc. 2018–02809 Filed 2–9–18; 8:45 am]
                                                 Section 8.07: Emission Reductions Strategies              Emergency (Effective 1/1/2016)
                                                                                                                                                               BILLING CODE 6560–50–P
                                                   (Effective 1/1/2016)                                  Section 8.30: Severability (Effective 1/1/
                                                                                                           2016)
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Document Created: 2018-11-01 08:42:51
Document Modified: 2018-11-01 08:42:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before March 14, 2018.
ContactEric Wortman, Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square (Mail Code OEP05-2), Boston, MA 02109, (617) 918-1624, [email protected]
FR Citation83 FR 5971 

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