Federal Register / Vol. 89, No. 3 / Thursday, January 4, 2024 / Rules and Regulations 451 

1The 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. 

2Each 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 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. See 40 CFR 55.14(c)(4). 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R03–OAR–2022–0776; FRL–10292– 

02–R3] 

Outer Continental Shelf Air 

Regulations; Consistency Update for 

Maryland 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is updating 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 the Clean Air Act (CAA). 

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 

State of Maryland’s requirements 

discussed in this document will be 

incorporated by reference into the Code 

of Federal Regulations (CFR) and listed 

in the appendix to the Federal OCS air 

regulations. 

DATES: This final rule is effective on 

February 5, 2024. The incorporation by 

reference of certain publications listed 

in this rule is approved by the Director 

of the Federal Register as of February 5, 

2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2022–0776. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(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 through www.regulations.gov, 

or at the U.S. Environmental Protection 

Agency, EPA Region 3 Regional Office, 

Air and Radiation Division, Four Penn 

Center, 1600 JFK Blvd., Philadelphia, 

PA 19103. EPA requests that you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. 

FOR FURTHER INFORMATION CONTACT: 

Gwendolyn Supplee, Permits Branch 

(3AD10), Air & Radiation Division, U.S. 

Environmental Protection Agency, 

Region III, Four Penn Center, 1600 John 

F. Kennedy Boulevard, Philadelphia, 

Pennsylvania 19103. The telephone 

number is (215) 814–2763. Ms. Supplee 

can also be reached via electronic mail 

at supplee.gwendolyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background and Purpose 

II. Public Comments and EPA Responses 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background and Purpose 

On September 4, 1992, 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 EPA 

update the OCS requirements as 

necessary to maintain consistency with 

onshore requirements. 

On October 19, 2022 (87 FR 63465), 

EPA published a notice of proposed 

rulemaking (NPRM) proposing to 

incorporate various Maryland air 

pollution control requirements into 40 

CFR part 55. 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 EPA to be considered 

for incorporation by reference in 40 CFR 

part 55. EPA’s NPRM was initiated in 

response to the submittal received by 

EPA on August 5, 2022, of a NOI, from 

US Wind, Inc., for the proposed 

installation of an up to 2-gigawatt 

offshore wind energy facility located 

approximately 10 nautical miles off the 

coast of Maryland. In accordance with 

40 CFR 55.5, Maryland is the designated 

COA for this project. EPA intends to 

address post-NPRM state amendments 

in its next annual update consistent 

with 40 CFR 55.12. This action 

addresses only those regulations 

identified for incorporation in NPRM, 

namely the Maryland regulations that 

were updated as of July 28, 2022. 

EPA reviewed the Maryland 

Department of the Environment 

(‘‘MDE’’) air rules for inclusion in 40 

CFR part 55 in this action 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. EPA has also 

evaluated the rules to ensure they are 

not arbitrary or capricious. See 40 CFR 

55.12(e). In addition, 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. 

Section 328(a) of the CAA 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 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 

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 EPA for inclusion in the SIP. 

The specific requirements of the 

consistency update and the rationale for 

EPA’s action are explained in the 


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452 Federal Register / Vol. 89, No. 3 / Thursday, January 4, 2024 / Rules and Regulations 

October 19, 2022, NPRM. No comments 

were received on the NPRM. 

II. Public Comments and EPA 

Responses 

EPA did not receive any comments on 

the NPRM. (October 19, 2022, 87 FR 

63465). 

III. Final Action 

EPA is taking final action to 

incorporate the rules potentially 

applicable to OCS sources for which the 

State of Maryland will be the COA. The 

rules that EPA is taking final action to 

incorporate are applicable provisions of 

the Code of Maryland Regulations 

(COMAR): (1) Chapter 8, Control of 

Incinerators—COMAR 26.11.08; (2) 

Chapter 17, Nonattainment Provisions 

for Major New Sources and Major 

Modifications General—COMAR 

26.11.17; and (3) Chapter 20, Mobile 

Sources—COMAR 26.11.20, as amended 

through July 28, 2022. The rules that 

EPA is taking final action to incorporate 

will replace the rules identified in the 

October 19, 2022, NPRM and previously 

incorporated into ‘‘State of Maryland 

Requirements Applicable to OCS 

Sources,’’ dated December 6, 2018, 

which was incorporated by reference 

into 40 CFR part 55. See 84 FR 34065; 

July 16, 2019. This action will have no 

effect on any provisions that were not 

subject to changes by Maryland and 

were also previously incorporated by 

reference into 40 CFR part 55 through 

EPA’s July 16, 2019 (84 FR 34065) final 

rule. 

IV. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, EPA is finalizing the 

incorporation by reference of ‘‘State of 

Maryland Requirements Applicable to 

OCS Sources,’’ dated July 28, 2022, 

which provides the text of MDE air rules 

in effect as of July 28, 2022, that would 

apply to OCS sources and described in 

Section I of this SUPPLEMENTARY

INFORMATION. EPA has made, and will 

continue to make, these materials 

available through www.regulations.gov 

and at the EPA Region III 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, 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, 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 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); and 

• 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. 

Additionally, Executive Order 12898 

(59 FR 7629, February 16, 1994) directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations (people of color and/or 

Indigenous peoples) and low-income 

populations. 

EPA believes that this specific action 

does not concern human health or 

environmental conditions and therefore 

cannot be evaluated with respect to 

potentially disproportionate and 

adverse effects on people of color, lowincome populations and/or Indigenous 

peoples. This action simply fulfills 

EPA’s statutory mandate to ensure 

regulatory consistency between the COA 

and inner OCS consistent with the 

stated objectives of CAA section 

328(a)(1). Specifically, section 328(a)(1) 

requires EPA to establish requirements 

to control air pollution from OCS 

sources ‘‘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]’’ and, for 

inner OCS sources (located within 25 

miles of the seaward boundary of such 

states), to establish requirements that 

are ‘‘the same as would be applicable if 

the source were located in the COA.’’ 

This section of the Act also states that 

‘‘the Administrator shall update such 

requirements as necessary to maintain 

consistency with onshore regulations 

and this chapter.’’ As noted in the 

preamble, compliance with this 

requirement limits EPA’s discretion in 

deciding what will be incorporated into 

40 CFR part 55. 

From the time of EPA’s last 

consistency update for Maryland (84 FR 

34065, July 16, 2019) to the publication 

of the NPRM (87 FR 63465, October 19, 

2022), state regulations relevant to the 

OCS had minor amendments. This 

action incorporates into the CFR those 

minor updates to state regulations, 

which are already effective onshore, to 

ensure regulatory consistency with the 

COA as mandated by CAA section 

328(a)(1). This is a routine and 

ministerial consistency update that does 

not directly affect any human health or 

environmental conditions in the State of 

Maryland. In addition, EPA provided for 

meaningful public involvement on this 

rule through the notice and comment 

process, through which EPA received no 

comments. This rule was in addition to 

the State-level notice and comment 

process held by Maryland. 

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 

or preempt tribal law. 


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Federal Register / Vol. 89, No. 3 / Thursday, January 4, 2024 / Rules and Regulations 453 

3OMB’s approval of the information collection 

requirement (ICR) can be viewed at 

www.reginfo.gov. 

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). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by March 4, 2024. 

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. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).). 

This action does not impose any new 

information collection burden under the 

Paper Reduction Act (PRA). See 44 

U.S.C. 3501. The Office of Management 

and Budget (OMB) has previously 

approved the information collection 

activities contained in the existing 

regulations at 40 CFR part 55 and, by 

extension, this update to part 55, and 

has assigned OMB control number 

2060–0249. 3 This action does not 

impose a new information burden under 

PRA because this action only updates 

the state rules that are incorporated by 

reference into 40 CFR part 55, appendix 

A. 

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. 

Adam Ortiz, 

Regional Administrator, Region III. 

Part 55 of chapter I, title 40 of the 

Code of Federal Regulations 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 

Pub. L. 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, July 28, 

2022. 

* * * * * 

■ 3. Appendix A to part 55 is amended 

by revising paragraph (a)(1) under the 

heading ‘‘Maryland’’ 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) * * * 

(1) The following State of Maryland 

requirements are applicable to OCS Sources, 

July 28, 2022, 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 December 6, 

2018) 

COMAR 26.11.02—Permits, Approvals, and 

Registrations (Effective as of February 12, 

2018) 

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 02, 2013) 

COMAR 26.11.07—Open Fires (Effective as 

of November 12, 2010) 

COMAR 26.11.08—Control of Incinerators 

(Effective as of May 4, 2020) 

COMAR 26.11.09—Control of Fuel-Burning 

Equipment, Stationary Internal 

Combustion Engines and Certain FuelBurning Installations (Effective as of 

December 6, 2018) 

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 December 

30, 2019) 

COMAR 26.11.19—Volatile Organic 

Compounds from Specific Processes 

(Effective as of September 28, 2015) 

COMAR 26.11.20—Mobile Sources (Effective 

as of February 7, 2022) 

COMAR 26.11.26—Conformity (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 February 12, 2018) 

COMAR 26.11.39—Architectural and 

Industrial Maintenance (AIM) Coatings 

(Effective as of April 2016) 

* * * * * 

[FR Doc. 2023–28839 Filed 1–3–24; 8:45 am] 

BILLING CODE 6560–50–P 


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