Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations 65661 

Dated: September 28, 2015. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Accordingly, the amendment to 40 

CFR 52.120 which published in the 

Federal Register on September 2, 2015 

(80 FR 53001) on page 53007 is 

withdrawn as of October 27, 2015. 

[FR Doc. 2015–27028 Filed 10–26–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R03–OAR–2014–0568; FRL–9917–72– 

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 

onshore. 

DATES: This rule is effective on 

December 28, 2015 without further 

notice, unless EPA receives adverse 

written comment by November 27, 

2015. 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 December 

28, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2014-0568 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: campbell.dave@epa.gov. 

C. Mail: EPA–R03–OAR–2014–0568, 

Dave Campbell, Associate Director, 

Office of Permits and Air Toxics, 

Mailcode 3AP10, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2014– 

0568. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Cathleen Van Osten, (215) 814–2746, or 

by email at vanosten.cathleen@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 proposed action is being 

taken in response to requirements 

submitted by Maryland. 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 onshore requirements. 

To comply with this statutory mandate, 

EPA must incorporate applicable 

onshore rules into 40 CFR part 55 as 

they exist onshore. This 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 


tkelley on DSK3SPTVN1PROD with RULES
65662 Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / 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 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. 

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. 

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 today’s Federal Register, EPA 

is publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

filed. This rule will be effective on 

December 28, 2015 without further 

notice unless EPA receives adverse 

comment by November 27, 2015. 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 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 control 

requirements. To comply with this 

statutory mandate, EPA must 

incorporate applicable onshore rules 

into 40 CFR part 55 as they exist 

onshore. 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 regulations of 

onshore areas, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action simply updates 

the existing OCS requirements to make 

them consistent with requirements 

onshore, 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not 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, 

nor 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 

circuit by December 28, 2015. 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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations 65663 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s 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 

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, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Nitrogen oxides, Outer 

Continental Shelf, Ozone, Particulate 

matter, Permits, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

Dated: March 10, 2015. 

William C. Early, 

Acting, Regional Administrator, Region III. 

Editorial Note: This document was 

received for publication by the Office of the 

Federal Register on October 21, 2015. 

Accordingly, 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 as 

follows: 

■ a. By adding paragraph (d)(10). 

■ b. By revising paragraph (e) 

introductory text. 

■ c. By adding paragraph (e)(10). 

§ 55.14 Requirements that apply to OCS 

sources located within 25 miles of States’ 

seaward boundaries, by State. 

* * * * * 

(d) * * * 

(10) Maryland. 

(i) 40 CFR part 52, subpart V. 

(ii) [Reserved] 

* * * * * 

(e) State and local requirements. State 

and local requirements promulgated by 

EPA as applicable to OCS sources 

located within 25 miles of States’ 

seaward boundaries have been compiled 

into separate documents organized by 

State and local areas of jurisdiction. 

These documents, set forth below, are 

incorporated by reference. This 

incorporation by reference was 

approved by the Director of the Federal 

Register Office in accordance with 5 

U.S.C. 552 (a) and 40 CFR part 51. 

Copies may be inspected at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call 202–741–6030 or go to: http://

www.archives.gov/federal_register/

code_of_federal_regulations/ibr_

locations.html. Copies of rules 

pertaining to particular States or local 

areas may be inspected or obtained from 

the EPA Docket Center-Public Reading 

Room, EPA West Building, Room 3334, 

1301 Constitution Avenue NW., 

Washington, DC 20004 or the 

appropriate EPA regional offices: U.S. 

EPA, Region I (Massachusetts) 5 Post 

Office Square, Boston, MA 02109–3912; 

U.S. EPA, Region III (Delaware, 

Maryland, and Virginia) 1650 Arch 

Street, Philadelphia, PA 19103, (215) 

814–5000; U.S. EPA, Region 4 (Florida 

and North Carolina), 61 Forsyth Street, 

Atlanta, GA 30303; U.S. EPA, Region 9 

(California), 75 Hawthorne Street, San 

Francisco, CA 94105; and U.S. EPA 

Region 10 (Alaska), 1200 Sixth Avenue, 

Seattle, WA 98101. For an informational 

listing of the State and local 

requirements incorporated into this 

part, which are applicable to sources of 

air pollution located on the OCS, see 

appendix A to this part. 

* * * * * 

(10) Maryland. 

(i) State requirements. 

(A) State of Maryland Requirements 

Applicable to OCS Sources, January 8, 

2014. 

(B) [Reserved] 

(ii) Local requirements. 

(A) [Reserved] 

* * * * * 

■ 3. In Appendix A to part 55, add an 

entry for Maryland in alphabetical order 

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, 

January 8, 2014, State of MarylandDepartment 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 July 08, 2013) 

COMAR 26.11.02—Permits, Approvals, and 

Registrations (Effective as of December 20, 

2012) 

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 November 26, 2012) 

COMAR 26.11.09—Control of Fuel-Burning 

Equipment, Stationary Internal 

Combustion Engines and Certain FuelBurning Installations (Effective as of 

September 16, 2011) 

COMAR 26.11.13—Control of Gasoline and 

Volatile Organic Compound Storage and 

Handling (Effective as of November 12, 

2010) 

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 November 09, 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) 

* * * * * 

[FR Doc. 2015–27158 Filed 10–26–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 141021887–5172–02] 

RIN 0648–XE272 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Exchange of Flatfish 

in the Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is exchanging 

allocations of Amendment 80 

cooperative quota (CQ) for Amendment 

80 acceptable biological catch (ABC) 

reserves. This action is necessary to 

allow the 2015 total allowable catch of 

flathead sole, rock sole, and yellowfin 


tkelley on DSK3SPTVN1PROD with RULES