[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)]
[Proposed Rules]
[Pages 21254-21256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09646]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R01-OAR-2018-0011; FRL-9976-49--Region 1]


Outer Continental Shelf Air Regulations; Consistency Update for 
Massachusetts; Reopening of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; reopening of the public comment period.

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SUMMARY: The Environmental Protection Agency (EPA) issued a proposed 
rule in the Federal Register on February 12, 2018, proposing to update 
a portion of the Outer Continental Shelf (OCS) Air Regulations that 
pertains to the requirements for OCS sources for which Massachusetts is 
the designated the Corresponding Onshore Area (COA). On March 9, 2018, 
the Commonwealth of Massachusetts amended certain regulatory provisions 
that pertain to the EPA's February 12, 2018 proposed rulemaking. This 
document reopens the comment period for 30 days and provides notice 
that the EPA has modified the proposed regulatory text for 
incorporation by reference in the EPA final rule for this action. The 
EPA has also added additional information to the docket.

DATES: Written comments on the proposed rule published in the Federal 
Register on February 12, 2018 (83 FR 5971) should be received on or 
before June 8, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2018-0011 at https://www.regulations.gov, or via email to 
[email protected]. 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 https://www.epa.gov/dockets/commenting-epa-dockets. Publicly 
available docket materials are available at https://www.regulations.gov 
or at the U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Quality Planning 
Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA requests that if 
at all possible, you contact the contact listed in the FOR FURTHER 
INFORMATION CONTACT section to schedule your inspection. The Regional 
Office's official hours of business are Monday through Friday, 8:30 
a.m. to 4:30 p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Eric Wortman, Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, EPA New England 
Regional Office, 5 Post Office Square (Mail Code OEP05-2), Boston, MA 
02109, (617) 918-1624, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Why is the EPA reopening the comment period?
III. Incorporation by Reference

I. Background and Purpose

    On February 12, 2018, the EPA published a proposed rulemaking in 
the Federal Register to update a portion of the OCS Air Regulations. 
See 83 FR 5971. As stated in the EPA's February 12, 2018 proposed 
rulemaking, 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 COA, as mandated by 
section 328(a)(1) of the Clean Air Act. The portion of the OCS air 
regulations that is being updated in the proposed rulemaking 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 (MassDEP) 
is to regulate emissions from OCS sources in accordance with the 
requirements for onshore sources. The Commonwealth of Massachusetts' 
requirements discussed in the EPA's proposed rulemaking will be 
incorporated by reference into the Code of Federal Regulations (CFR) 
and listed in the appendix to the OCS air regulations in 40 CFR part 
55.

II. Why is the EPA reopening the comment period?

    Among other things, the EPA's February 12, 2018 action proposed to 
incorporate into 40 CFR part 55 the applicable provisions of 310 Code 
of Massachusetts Regulations (CMR) 7.00: Air Pollution Control, as 
amended through January 16, 2018. On March 9, 2018, the MassDEP 
promulgated amendments to the regulations at 310 CMR 7.00. Pursuant to 
40 CFR 55.12, consistency reviews will occur if the EPA finds that part 
55 is inconsistent

[[Page 21255]]

with the requirements in effect in the COA. Therefore, the EPA is 
including the Commonwealth's March 9, 2018 amended regulations for 310 
CMR 7.00 in the EPA's proposed consistency update to 40 CFR part 55 in 
addition to the other regulations EPA proposed for inclusion in the 
February 12, 2018 proposed rulemaking. The EPA has added the amended 
regulations at 310 CMR 7.00 to the docket and is reopening the comment 
period to give all interested persons the opportunity to comment on the 
incorporation by reference of the amended regulations at 310 CMR 
7.00.\1\ This document reopens the public comment period established in 
the Federal Register document on February 12, 2018 (83 FR 5971) (FRL-
9974-28--Region 1).
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    \1\ The EPA is required to submit a true copy of the 
regulations, attested by the Commonwealth of Massachusetts, to the 
Office of the Federal Register for incorporation by reference in the 
final rule. The EPA obtained a true copy of the amended regulations 
in effect as of March 9, 2018. The Commonwealth of Massachusetts 
State Bookstore bundles 310 CMR 6.00, 310 CMR 7.00, and 310 CMR 8.00 
into a single package for the purpose of attesting a true copy. 
Although the regulations at 310 CMR 6.00 and 310 CMR 8.00 were not 
part of the March 9, 2018 amendments, the EPA has updated the 
effective date for 310 CMR 6.00-8.00 in the regulatory text proposed 
for incorporation by reference for consistency with the updated true 
copy of the regulations. The true copy of the regulations for 310 
CMR 6.00-8.00 obtained by the EPA has been added to the docket for 
this action.
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    To submit comments, or access the docket, please follow the 
detailed instructions provided in the ADDRESSES section of this Federal 
Register. Please refer to the EPA's February 12, 2018 (83 FR 5971) 
proposed rulemaking for more detailed information regarding this 
rulemaking action.

III. Incorporation by Reference

    In the February 12, 2018 action, the EPA proposed to include in a 
final EPA rule regulatory text that includes incorporation by 
reference. The EPA is including the updated regulatory text below to 
reflect the March 9, 2018 effective date of the Commonwealth's amended 
regulations discussed in this document. 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 document for more information).

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: April 19, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.

    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 CONTINENTAL SHELF AIR REGULATIONS

0
1. The authority citation for part 55 continues to read as follows:

    Authority:  Section 328 of the Clean Air Act (42 U.S.C. 7401 et 
seq.) as amended by Public Law 101-549.

0
2. Section 55.14 is amended by revising paragraph (e)(11)(i)(A) to read 
as follows:


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

* * * * *
    (e) * * *
    (11) * * *
    (i) * * *
    (A) Commonwealth of Massachusetts Requirements Applicable to OCS 
Sources, March 9, 2018.
* * * * *
0
3. Appendix A to part 55 is amended by revising paragraph (a)(1) under 
the heading ``Massachusetts'' to read as follows:

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

* * * * *

Massachusetts

    (a) State requirements.
    (1) The following Commonwealth of Massachusetts requirements are 
applicable to OCS Sources, March 9, 2018, Commonwealth of 
Massachusetts--Department of Environmental Protection.
    The following sections of 310 CMR 4.00, 310 CMR 6.00, 310 CMR 
7.00 and 310 CMR 8.00:

310 CMR 4.00: Timely Action Schedule and Fee Provisions

Section 4.01: Purpose, Authority and General Provisions (Effective 
3/24/2017)
Section 4.02: Definitions (Effective 3/24/2017)
Section 4.03: Annual Compliance Assurance Fee (Effective 3/24/2017)
Section 4.04: Permit Application Schedules and Fee (Effective 3/24/
2017)
Section 4.10: Appendix: Schedules for Timely Action and Permit 
Application Fees (Effective 3/24/2017)

310 CMR 6.00: Ambient Air Quality Standards for the Commonwealth of 
Massachusetts

Section 6.01: Definitions (Effective 3/9/2018)
Section 6.02: Scope (Effective 3/9/2018)
Section 6.03: Reference Conditions (Effective 3/9/2018)
Section 6.04: Standards (Effective 3/9/2018)

310 CMR 7.00: Air Pollution Control

Section 7.00: Statutory Authority; Legend; Preamble; Definitions 
(Effective 3/9/2018)
Section 7.01: General Regulations to Prevent Air Pollution 
(Effective 3/9/2018)
Section 7.02: U Plan Approval and Emission Limitations (Effective 3/
9/2018)
Section 7.03: U Plan Approval Exemptions: Construction Requirements 
(Effective 3/9/2018)
Section 7.04: U Fossil Fuel Utilization Facilities (Effective 3/9/
2018)
Section 7.05: U Fuels All Districts (Effective 3/9/2018)
Section 7.06: U Visible Emissions (Effective 3/9/2018)
Section 7.07: U Open Burning (Effective 3/9/2018)
Section 7.08: U Incinerators (Effective 3/9/2018)
Section 7.09: U Dust, Odor, Construction and Demolition (Effective 
3/9/2018)
Section 7.11: U Transportation Media (Effective 3/9/2018)
Section 7.12: U Source Registration (Effective 3/9/2018)
Section 7.13: U Stack Testing (Effective 3/9/2018)
Section 7.14: U Monitoring Devices and Reports (Effective 3/9/2018)
Section 7.18: U Volatile and Halogenated Organic Compounds 
(Effective 3/9/2018)
Section 7.19: U Reasonably Available Control Technology (RACT) for 
Sources of Oxides of Nitrogen (NOX) (Effective 3/9/2018)
Section 7.21: Sulfur Dioxide Emissions Limitations (Effective 3/9/
2018)
Section 7.22: Sulfur Dioxide Emissions Reductions for the Purpose of 
Reducing Acid Rain (Effective 3/9/2018)
Section 7.24: U Organic Material Storage and Distribution (Effective 
3/9/2018)
Section 7.25: U Best Available Controls for Consumer and Commercial 
Products (Effective 3/9/2018)
Section 7.26: Industry Performance Standards (Effective 3/9/2018)
Section 7.60: U Severability (Effective 3/9/2018)
Section 7.00: Appendix A (Effective 3/9/2018)
Section 7.00: Appendix B (Effective 3/9/2018)
Section 7.00: Appendix C (Effective 3/9/2018)

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

Section 8.01: Introduction (Effective 3/9/2018)
Section 8.02: Definitions (Effective 3/9/2018)
Section 8.03: Air Pollution Episode Criteria (Effective 3/9/2018)

[[Page 21256]]

Section 8.04: Air Pollution Episode Potential Advisories (Effective 
3/9/2018)
Section 8.05: Declaration of Air Pollution Episodes and Incidents 
(Effective 3/9/2018)
Section 8.06: Termination of Air Pollution Episodes and Incident 
Emergencies (Effective 3/9/2018)
Section 8.07: Emission Reductions Strategies (Effective 3/9/2018)
Section 8.08: Emission Reduction Plans (Effective 3/9/2018)
Section 8.15: Air Pollution Incident Emergency (Effective 3/9/2018)
Section 8.30: Severability (Effective 3/9/2018)
    (2) [Reserved]
* * * * *
[FR Doc. 2018-09646 Filed 5-8-18; 8:45 am]
 BILLING CODE 6560-50-P


