Proposed Rule2024-20119
Outer Continental Shelf Air Regulations; Amendment to State Requirements Incorporated; Massachusetts
Primary source
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Published
September 11, 2024
Issuing agencies
Environmental Protection Agency
Abstract
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). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which the Commonwealth of Massachusetts is the designated COA. The intended effect of this proposed rule is to amend existing regulations incorporated by reference into the Massachusetts section of EPA's OCS air regulations.
Full Text
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<title>Federal Register, Volume 89 Issue 176 (Wednesday, September 11, 2024)</title>
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[Federal Register Volume 89, Number 176 (Wednesday, September 11, 2024)]
[Proposed Rules]
[Pages 73617-73620]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20119]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[EPA-R01-OAR-2024-0367; FRL-12222-01-R1]
Outer Continental Shelf Air Regulations; Amendment to State
Requirements Incorporated; Massachusetts
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; amendment to state requirements.
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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). The
portion of the OCS air regulations that is being updated pertains to
the requirements for OCS sources for which the Commonwealth of
Massachusetts is the designated COA. The intended effect of this
proposed rule is to amend existing regulations incorporated by
reference into the Massachusetts section of EPA's OCS air regulations.
DATES: Written comments must be received on or before October 11, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2024-0367 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#8ae9e5e6e6e3e4f9a4faebfef8e3e9e1caeffaeba4ede5fc"><span class="__cf_email__" data-cfemail="3b58545757525548154b5a4f495258507b5e4b5a155c544d">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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
[[Page 73618]]
submissions, and general guidance on making effective comments, please
visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. Publicly
available docket materials are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
or at the U.S. Environmental Protection Agency, EPA Region 1 Regional
Office, Air & Radiation Division, 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 and facility closures due to COVID-19.
FOR FURTHER INFORMATION CONTACT: Patrick Collins, Air and Radiation
Division, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square (Mail Code 05-MI), Boston, MA
02109, (617) 918-1196, <a href="/cdn-cgi/l/email-protection#45262a29292c2b366b352431372c262e052035246b222a33"><span class="__cf_email__" data-cfemail="88ebe7e4e4e1e6fba6f8e9fcfae1ebe3c8edf8e9a6efe7fe">[email protected]</span></a>.
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 of Appendix A of Part 55 for Massachusetts
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
Clean Air Act (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) of the CAA 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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On September 17, 2008 (73 FR 53718), the EPA finalized a
consistency update of the OCS air regulations pertaining to the
requirements of OCS sources in the Commonwealth of Massachusetts. The
update was the result of a Notice of Intent (NOI) being submitted on
December 7, 2007 by Cape Wind Associates, LLC. The rules incorporated
by reference into appendix A of 40 CFR part 55 were applicable
provisions of 310 Code of Massachusetts Regulations (CMR) 4.00: Timely
Action Schedule and Fee Provisions; 310 CMR 6.00: Ambient Air Quality
Standards for the Commonwealth of Massachusetts; 310 CMR 7.00: Air
Pollution Control; and 310 CMR 8:00: The Prevention and/or Abatement of
Air Pollution Episode and Air Pollution Incident Emergencies.
On August 24, 2010 (75 FR 51968), the EPA finalized a consistency
update of the OCS regulations pertaining to the requirements of OCS
sources in the Commonwealth of Massachusetts. This update was the
result of EPA's annual review of the Commonwealth of Massachusetts
regulations. The rules incorporated by reference into appendix A of 40
CFR part 55 were updates and new requirements of 310 CMR 4.00: Timely
Action Schedule and Fee Provisions; 310 CMR 6.00: Ambient Air Quality
Standards for the Commonwealth of Massachusetts; 310 CMR 7.00: Air
Pollution Control; and 310 CMR 8:00: The Prevention and/or Abatement of
Air Pollution Episode and Air Pollution Incident Emergencies.
A similar action occurred on November 13, 2018 (83 FR 56259) after
the submittal of an NOI on December 11, 2017 by Vineyard Wind, LLC,
leading to further updates to appendix A of 40 CFR part 55. The rules
incorporated through this action were applicable provisions of 310 CMR
4.00: Timely Action Schedule and Fee Provisions; 310 CMR 6.00: Ambient
Air Quality Standards for the Commonwealth of Massachusetts; 310 CMR
7.00: Air Pollution Control; and 310 CMR 8.00: The Prevention and/or
Abatement of Air Pollution Episode and Air Pollution Incident
Emergencies, as amended through March 9, 2018.
Lastly, on November 15, 2022 (87 FR 68364) the EPA finalized action
to incorporate updates to 40 CFR part 55 after receipt of an NOI on
September 9, 2021 by Sunrise Wind, LLC. This final rule incorporated
applicable provisions of 310 CMR 4.00: Timely Action Schedule and Fee
Provisions; 310 CMR 6.00: Ambient Air Quality Standards for the
Commonwealth of Massachusetts; and 310 CMR 7.00: Air Pollution Control,
as amended through March 5, 2021.
EPA has received subsequent NOIs for projects and conducted
periodic reviews of Massachusetts regulations to ensure all applicable
requirements for OCS sources as they relate to attainment and
maintenance of federal or state ambient air quality standards and the
requirements of part C of title I of the CAA are incorporated by
reference into the Massachusetts section of appendix A in 40 CFR part
55. These evaluations have not led to additional requirements
incorporated by reference into appendix A, because either a
Massachusetts regulation did not change or because any changes to a
previously incorporated regulation were not applicable to the
attainment and maintenance of federal or state ambient air quality
standards for OCS sources.
However, through EPA's implementation of the OCS air permitting
program, we have become aware that 310 CMR 4.03: Annual Compliance
Assurance Fee and 310 CMR 7.12: U Source Registration are unnecessarily
incorporated into appendix A of 40 CFR part 55. These two regulations
are either (1) implemented by existing EPA programs and thus
duplicative or (2) not rationally related to the attainment or
maintenance of federal or state ambient air quality standards or to the
requirements of part C of title I of the CAA. EPA is proposing to
remove these previously approved regulations incorporated into appendix
A of 40 CFR part 55 since our last amendment on November 15, 2022. See
87 FR 68364. Additional rationale for this proposed action is provided
below.
II. EPA's Evaluation of Appendix A of Part 55 for Massachusetts
310 CMR 4.03: Annual Compliance Assurance Fee outlines the
procedure for issuance and collection of a source's annual compliance
assurance fees imposed in the COA. Per 40 CFR 55.10, for sources in the
inner or outer OCS where the EPA is the permitting authority, the EPA
will collect permit fees consistent with fee requirements outlined in
40 CFR part 71. Per the provisions of 40 CFR 55.12(e), no rule or
regulation that EPA finds to be arbitrary or capricious will be
incorporated into this part. EPA's review finds that 310 CMR 4.03:
Annual Compliance Assurance Fee should be removed from part 55 as EPA
is the permitting authority for sources located within the inner OCS
for which Massachusetts is the designated COA. As such, EPA is required
to calculate and collect operating permit fees from
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OCS sources for which Massachusetts is the COA in accordance with 40
CFR part 71. By removing this provision from the incorporated
requirements of Massachusetts regulations into appendix A of 40 CFR
part 55, EPA remains consistent with other sections of part 55 and
creates regulatory certainty on what fee requirements operating permit
sources must adhere to.
310 CMR 7.12: U Source Registration is used to determine source
registration requirements for OCS sources. This section is also used to
direct how information regarding emission inventories is collected,
assisting regular recordkeeping processes. As part of the registration,
the given source is required to report emissions on an annual reporting
schedule to the Massachusetts Department of Environmental Protection.
However, for OCS sources with permits issued by EPA, it is impractical
for sources to report to Massachusetts for activities occurring in
federal waters many miles from the state's jurisdictional boundary.
This information should instead be reported directly to the EPA. As
such, our review did not find these regulations to be rationally
related to the attainment and maintenance of Federal or State ambient
air quality standards or to the requirements of part C of title I of
the Act and will be removed in accordance with 40 CFR 55.12(d)(2).
EPA is proposing to remove 310 CMR 4.03: Annual Compliance
Assurance Fee and 310 CMR 7.12: U Source Registration before the
majority of recently permitted OCS sources where Massachusetts is the
COA become subject to these requirements in an effort to create
regulatory clarity in the obligations these sources are subject to.
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 remove two regulations currently
incorporated by reference in appendix A of part 55 for OCS sources
where the Commonwealth of Massachusetts is the COA. The regulations
that the EPA is proposing to remove are applicable subsections
provisions of: 310 CMR 4.00: Timely Action Schedule and Fee Provisions;
and 310 CMR 7.00: Air Pollution Control. Based on a review of part 55
(1) 310 CMR 4.03: Annual Compliance Assurance Fee is duplicative of
existing federal rules and (2) 310 CMR 7.12: U Source Registration is
no longer determined to be rationally related to the attainment and
maintenance of Federal or State ambient air quality standards or to the
requirements of part C of title I of the Act. Further, these changes
are proposed to ensure consistency of the OCS permitting program in
accordance with part 55 requirements.
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, and as discussed in sections II
and III of this preamble, the EPA is proposing to remove 310 CMR 4.03
and 310 CMR 7.12 from the incorporation by reference of the
Commonwealth of Massachusetts Requirements Applicable to OCS Sources,
dated March 5, 2021, as listed in appendix A to 40 CFR part 55. The EPA
has made, and will continue to make, these materials available through
<a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region 1 Regional 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:
<bullet> 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);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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.
This action does not impose any new information collection burden
under the Paperwork Reduction Act. See 44 U.S.C. 3501. The Office of
Management and Budget (OMB) has previously approved the information
collection activities contained in the existing regulation at 40 CFR
part 55 and, by extension, this update to part 55, and has assigned OMB
control number 2060-0249.\2\ This action does not impose a new
information burden under the Paperwork Reduction Act because this
action only updates the state rules that are incorporated by reference
into 40 CFR part 55, appendix A.
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\2\ OMB's approval of the ICR can be viewed at <a href="http://www.reginfo.gov">www.reginfo.gov</a>.
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[[Page 73620]]
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: September 3, 2024.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2024-20119 Filed 9-10-24; 8:45 am]
BILLING CODE 6560-50-P
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