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

§ 81.315 Indiana. 

* * * * * 

INDIANA—1997 ANNUAL PM2.5 NAAQS 

[Primary and secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date 2 Type 

*******

Louisville, KY-IN .............................................................................................. 9/9/2016 Attainment ..... ........................ Moderate. 

Clark County.

Floyd County.

Jefferson County (part) Madison Township.

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

2This date is July 2, 2014, unless otherwise noted. 

[FR Doc. 2016–21457 Filed 9–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R03–OAR–2014–0568; FRL–9950–98– 

Region 3] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

Maryland 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve an update to a portion 

of the Outer Continental Shelf (OCS) Air 

Regulations for Maryland. Requirements 

applying to OCS sources located within 

25 miles of states’ seaward boundaries 

must be updated periodically to remain 

consistent with the requirements of the 

corresponding onshore area (COA), as 

mandated by the Clean Air Act, as 

amended in 1990 (CAA or the Act). The 

portion of the OCS air regulations that 

is being updated pertains to the 

requirements for OCS sources for which 

Maryland is the designated COA. The 

intended effect of approving the OCS 

requirements for the Maryland 

Department of the Environment is to 

regulate emissions from OCS sources in 

accordance with the requirements for 

onshore sources. 

DATES: This rule is effective on 

November 8, 2016 without further 

notice, unless EPA receives adverse 

written comment by October 11, 2016. 

If EPA receives such comments, it will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

and inform the public that the rule will 

not take effect. The incorporation by 

reference of certain publications listed 

in the rule is approved by the Director 

of the Federal Register as of November 

8, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2014–0568 at http://

www.regulations.gov, or via email to 

campbell.dave@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

David Talley, (215) 814–2117, or by 

email at talley.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 4, 1992, EPA 

promulgated 40 CFR part 55 which 

established requirements to control air 

pollution from OCS sources in order to 

attain and maintain federal and state 

ambient air quality standards and to 

comply with the provisions of part C of 

title I of the CAA. Forty CFR part 55 

applies to all OCS sources offshore of 

the states except those locations in the 

Gulf of Mexico west of 87.5 degrees 

longitude. Section 328 of the CAA 

requires that for such source locations 

within 25 miles of a state’s seaward 

boundary, the requirements shall be the 

same as would be applicable if the 

source were located in the COA. 

Because the OCS requirements are based 

on onshore requirements, and onshore 

requirements may change, section 

328(a)(1) requires that EPA update the 

OCS requirements as necessary to 

maintain consistency with onshore 

requirements. 

Pursuant to 40 CFR 55.12 of the OCS 

rule, consistency reviews will occur: (1) 

At least annually; (2) upon receipt of a 

Notice of Intent under 40 CFR 55.4; or, 

(3) when a state or local agency submits 

a rule to EPA to be considered for 

incorporation by reference in 40 CFR 

part 55. This action is being taken in 

response to requirements submitted by 

Maryland on May 6, 2016. Section 

328(a) of the Act requires that EPA 

establish requirements to control air 

pollution from OCS sources located 

within 25 miles of states’ seaward 

boundaries that are the same as the 

corresponding onshore requirements. To 

comply with this statutory mandate, 

EPA must incorporate applicable 

onshore rules into 40 CFR part 55 as 

they exist for onshore sources. This 


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

1Each COA that has been delegated the authority 

to implement and enforce 40 CFR part 55 will use 

its administrative and procedural rules as if 

onshore. However, in those instances where EPA 

has not delegated authority to implement and 

enforce 40 CFR part 55, EPA will use its own 

administrative and procedural requirements to 

implement the substantive requirements. 

limits EPA’s flexibility in deciding 

which requirements will be 

incorporated into 40 CFR part 55 and 

prevents EPA from making substantive 

changes to the requirements it 

incorporates. As a result, EPA may be 

incorporating rules into 40 CFR part 55 

that do not conform to all of EPA’s state 

implementation plan (SIP) guidance or 

certain requirements of the Act. 

Consistency updates may result in the 

inclusion of state or local rules or 

regulations into 40 CFR part 55, even 

though the same rules may ultimately be 

disapproved for inclusion as part of the 

SIP. Inclusion in the OCS rule does not 

imply that a rule meets the requirements 

of the Act for SIP approval, nor does it 

imply that the rule will be approved by 

EPA for inclusion in the SIP. 

II. EPA’s Evaluation 

EPA reviewed Maryland’s rules for 

inclusion in 40 CFR part 55 to ensure 

that they are rationally related to the 

attainment or maintenance of federal or 

state ambient air quality standards or 

part C of title I of the CAA; that they are 

not designed expressly to prevent 

exploration and development of the 

OCS; and, that they are applicable to 

OCS sources. EPA has also evaluated 

the rules to ensure they are not arbitrary 

or capricious. In addition, EPA has 

excluded administrative or procedural 

rules 1 and requirements that regulate 

toxics which are not related to the 

attainment and maintenance of federal 

and state ambient air quality standards. 

EPA finds that Maryland’s rules meet 

these requirements. 

III. Final Action 

EPA is taking direct final action to 

incorporate the applicable provisions of 

the Code of Maryland Regulations into 

40 CFR part 55 as required under 

section 328(a)(1) of the CAA. EPA is 

publishing this rule without prior 

proposal because EPA views this as a 

noncontroversial amendment and 

anticipates no adverse comment. 

However, in the ‘‘Proposed Rules’’ 

section of this Federal Register, EPA is 

publishing a separate document that 

will serve as the proposal to approve the 

update to Maryland’s OCS regulations if 

adverse comments are filed. This rule 

will be effective on November 8, 2016 

without further notice unless EPA 

receives adverse comment by October 

11, 2016. If EPA receives adverse 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. EPA will address all 

public comments in a subsequent final 

rule based on the proposed rule. EPA 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of Maryland 

Regulations described in the 

amendments to 40 CFR part 55 set forth 

below. The EPA has made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to establish requirements to 

control air pollution from OCS sources 

located within 25 miles of states’ 

seaward boundaries that are the same as 

the corresponding onshore air quality 

control requirements. To comply with 

this statutory mandate, EPA must 

incorporate applicable onshore rules 

into 40 CFR part 55. 42 U.S.C. 

7627(a)(1); 40 CFR 55.12. Thus, in 

promulgating OCS consistency updates, 

EPA’s role is to maintain consistency 

between OCS regulations and the 

corresponding regulations for onshore 

areas, provided that they meet the 

criteria of the CAA. Accordingly, this 

action simply updates the existing OCS 

requirements to make them consistent 

with the requirements for onshore areas, 

without the exercise of any policy 

discretion by EPA. For that reason, this 

action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and, 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the OCS 

requirements are not approved to apply 

in Indian country located in the state, 

and EPA notes that it will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 


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

circuit by November 8, 2016. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking action. 

This action pertaining to OCS sources 

in Maryland may not be challenged later 

in proceedings to enforce its 

requirements. (See section 307(b)(2).) 

List of Subjects in 40 CFR Part 55 

Environmental protection, 

Administrative practice and procedures, 

Air pollution control, Carbon monoxide, 

Hydrocarbons, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Outer 

Continental Shelf, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 2, 2016. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

For the reasons discussed in the 

preamble, 40 CFR part 55 is amended as 

follows: 

PART 55—OUTER CONTINENTAL 

SHELF AIR REGULATIONS 

■ 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. 

■ 2. Section 55.14 is amended by 

revising paragraph (e)(10)(i)(A) to read 

as follows: 

§ 55.14 Requirements that apply to OCS 

sources located within 25 miles of States’ 

seaward boundaries, by State. 

* * * * * 

(e) * * * 

(10) * * * 

(i) * * * 

(A) State of Maryland Requirements 

Applicable to OCS Sources, May 6, 

2016. 

* * * * * 

■ 3. In appendix A to part 55, the entry 

for Maryland is revised to read as 

follows: 

Appendix A to Part 55—Listing of State 

and Local Requirements Incorporated 

by Reference Into Part 55, by State 

* * * * * 

Maryland: 

(a) State Requirements. 

(1) The following State of Maryland 

requirements are applicable to OCS Sources, 

May 6, 2016, State of Maryland—Department 

of the Environment. The following sections 

of Code of Maryland Regulations (COMAR) 

Title 26 Subtitle 11: 

COMAR 26.11.01—General Administrative 

Provisions (Effective as of February 15, 

2016) 

COMAR 26.11.02—Permits, Approvals, and 

Registrations (Effective as of December 10, 

2015) 

COMAR 26.11.03—Permits, Approvals, and 

Registration—Title V Permits (Effective as 

of November 12, 2010) 

COMAR 26.11.05—Air Pollution Episode 

System (Effective as of November 12, 2010) 

COMAR 26.11.06—General Emission 

Standards, Prohibitions, and Restrictions 

(Effective as of July 08, 2013) 

COMAR 26.11.07—Open Fires (Effective as 

of November 12, 2010) 

COMAR 26.11.08—Control of Incinerators 

(Effective as of February 15, 2016) 

COMAR 26.11.09—Control of Fuel-Burning 

Equipment, Stationary Internal 

Combustion Engines and Certain FuelBurning Installations (Effective as of July 

20, 2015) 

COMAR 26.11.13—Control of Gasoline and 

Volatile Organic Compound Storage and 

Handling (Effective as of July 21, 2014) 

COMAR 26.11.15—Toxic Air Pollutants 

(Effective as of November 12, 2010) 

COMAR 26.11.16—Procedures Related to 

Requirements for Toxic Air Pollutants 

(Effective as of November 12, 2010) 

COMAR 26.11.17—Nonattainment Provisions 

for Major New Sources and Major 

Modifications (Effective as of July 08, 2013) 

COMAR 26.11.19—Volatile Organic 

Compounds from Specific Processes 

(Effective as of September 28, 2015, 2012) 

COMAR 26.11.20—Mobile Sources (Effective 

as of November 12, 2010) 

COMAR 26.11.26—Conformity (Effective as 

of November 12, 2010) 

COMAR 26.11.33—Architectural Coatings 

(Effective as of November 12, 2010) 

COMAR 26.11.35—Volatile Organic 

Compounds from Adhesives and Sealants 

(Effective as of November 12, 2010) 

COMAR 26.11.36—Distributed Generation 

(Effective as of June 13, 2011) 

COMAR 26.11.39—Architectural and 

Industrial Maintenance (AIM) Coatings 

(Effective as of April 2016) 

* * * * * 

[FR Doc. 2016–21460 Filed 9–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 127 

[FRL–9951–76–OECA] 

NPDES Electronic Reporting Rule 

Implementation Guidance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of guidance. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) recently 

promulgated the NPDES Electronic 

Reporting Rule (‘‘final rule’’) to 

modernize Clean Water Act reporting 

for municipalities, industries, and other 

facilities by converting to an electronic 

data reporting system. This final rule 

requires regulated entities and state and 

Federal regulators to use existing, 

available information technology to 

electronically report data required by 

the National Pollutant Discharge 

Elimination System (NPDES) permit 

program instead of filing written paper 

reports. 

This action will save time and 

resources for permittees, states, tribes, 

territories, and the U.S. Government 

while increasing data accuracy, 

improving compliance, and supporting 

EPA’s goal of providing better 

protection of the nation’s waters. This 

regulation will help provide greater 

clarity on who is and who is not in 

compliance and enhances transparency 

by providing a timelier, complete, more 

accurate, and nationally-consistent set 

of data about the NPDES program. 

The final rule requires EPA to publish 

in the Federal Register a listing of the 

initial recipients for electronic NPDES 

information from NPDES-regulated 

facilities by state, tribe, and territory 

and by NPDES data group. This listing 

must identify for NPDES-regulated 

facilities the initial recipient of their 

NPDES electronic data submissions and 

the due date for these NPDES electronic 

data submissions. This Federal Register 

document provides an overview of the 

‘‘initial recipient’’ term as well as the 

listing of the initial recipients by state, 

tribe, and territory and by NPDES data 

group and the due date for NPDES 

electronic data submissions. In 

accordance with the final rule, EPA will 

update this listing on its Web site and 

in the Federal Register if there are any 

changes. 

DATES: September 9, 2016. 

FOR FURTHER INFORMATION CONTACT: For 

additional information, please contact 

Mr. Carey A. Johnston (202–566–1014), 

Office of Compliance (mail code 


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