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[Federal Register Volume 89, Number 248 (Friday, December 27, 2024)]
[Rules and Regulations]
[Pages 105465-105468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30800]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R01-OAR-2024-0367; FRL-12222-02-R1]

 Outer Continental Shelf Air Regulations; Amendment to State 
Requirements Incorporated by Reference; Massachusetts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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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. The portion of the OCS air regulations 
that is being updated pertains to the requirements for OCS sources for 
which Massachusetts is the designated COA. This final rule removes two 
Commonwealth of Massachusetts provisions from the compilation of 
requirements incorporated by reference in the Code of Federal 
Regulations and listed in the appendix to the Federal OCS air 
regulations.

DATES: This rule is effective on January 27, 2025. The incorporation by 
reference of a certain publication listed in this rule is approved by 
the Director of the Federal Register as of January 27, 2025.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2024-0367. All documents in the docket 
are listed on the https://www.regulations.gov website. 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 at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
Region 1 Regional Office, Air and 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 Region 1, U.S. 
Environmental Protection Agency, EPA Region 1 Regional Office, Air and 
Radiation Division, 5 Post Office Square--Suite 100, Boston, MA 02109, 
(617) 918-1196, [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. Final Action
III. Incorporation by Reference
IV. 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.
    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

[[Page 105466]]

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 removing 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.
    The specific requirements of the consistency update and the 
rationale for EPA's action are explained in the September 11, 2024, 
NPRM (89 FR 73617). One comment was received but is not germane to the 
EPA's action; the comment is available at www.regulations.gov under the 
Docket for this action (Docket ID No. EPA-R01-OAR-2024-0367).

II. Final Action

    The EPA is taking final action 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 removing are specific provisions within: (1) 310 CMR 
4.00: Timely Action Schedule and Fee Provisions; and (2) 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 being made to ensure consistency of the OCS permitting program in 
accordance with Part 55 requirements.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, the EPA is finalizing the incorporation by reference of 
``Commonwealth of Massachusetts Requirements Applicable to OCS 
Sources,'' dated September 11, 2024, which provides the text of the 
MassDEP air rules in effect as of September 11, 2024, that would apply 
to OCS source. The EPA has made, and will continue to make, these 
materials available through www.regulations.gov 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).

IV. 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:
     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);
     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 or preempt 
tribal law.

[[Page 105467]]

    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 February 25, 2025. 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 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.\1\ 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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    \1\ OMB's approval of the ICR can be viewed at www.reginfo.gov.
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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: December 19, 2024.
David Cash,
Regional Administrator, EPA Region 1.

    Part 55 of chapter I, title 40 of the Code of Federal Regulations 
is 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, September 11, 2024.
* * * * *

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) * * *
    (1) The following Commonwealth of Massachusetts requirements are 
applicable to OCS Sources, September 11, 2024, 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 5/1/2020)
    Section 4.02: Definitions (Effective 5/1/2020)
    Section 4.04: Permit Application Schedules and Fee (Effective 5/
1/2020)
    Section 4.10: Appendix: Schedules for Timely Action and Permit 
Application Fees (Effective 5/1/2020)

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

    Section 6.01: Definitions (Effective 6/14/2019)
    Section 6.02: Scope (Effective 6/14/2019)
    Section 6.03: Reference Conditions (Effective 6/14/2019)
    Section 6.04: Standards (Effective 6/14/2019)

310 CMR 7.00: Air Pollution Control

    Section 7.00: Statutory Authority; Legend; Preamble; Definitions 
(Effective 3/5/2021)
    Section 7.01: General Regulations to Prevent Air Pollution 
(Effective 3/5/2021)
    Section 7.02: U Plan Approval and Emission Limitations 
(Effective 3/5/2021)
    Section 7.03: U Plan Approval Exemptions: Construction 
Requirements (Effective 3/5/2021)
    Section 7.04: U Fossil Fuel Utilization Facilities (Effective 3/
5/2021)
    Section 7.05: U Fuels All Districts (Effective 3/5/2021)
    Section 7.06: U Visible Emissions (Effective 3/5/2021)
    Section 7.07: U Open Burning (Effective 3/5/2021)
    Section 7.08: U Incinerators (Effective 3/5/2021)
    Section 7.09: U Dust, Odor, Construction and Demolition 
(Effective 3/5/2021)
    Section 7.11: U Transportation Media (Effective 3/5/2021)
    Section 7.13: U Stack Testing (Effective 3/5/2021)
    Section 7.14: U Monitoring Devices and Reports (Effective 3/5/
2021)
    Section 7.18: U Volatile and Halogenated Organic Compounds 
(Effective 3/5/2021)
    Section 7.19: U Reasonably Available Control Technology (RACT) 
for Sources of Oxides of Nitrogen (NOX) (Effective 3/5/
2021)
    Section 7.24: U Organic Material Storage and Distribution 
(Effective 3/5/2021)
    Section 7.25: U Best Available Controls for Consumer and 
Commercial Products (Effective 3/5/2021)
    Section 7.26: Industry Performance Standards (Effective 3/5/
2021)
    Section 7.60: U Severability (Effective 3/5/2021)
    7.70: Massachusetts CO Budget Trading Program (Effective 3/5/
2021)
    7.71: Reporting of Greenhouse Gas Emissions (Effective 3/5/2021)
    7.72: Reducing Sulfur Hexafluoride Emissions from Gas-insulated 
Switchgear (Effective 3/5/2021)
    Section 7.00: Appendix A (Effective 3/5/2021)
    Section 7.00: Appendix B (Effective 3/5/2021)
    Section 7.00: Appendix C (Effective 3/5/2021)

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)
    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)

[[Page 105468]]

    Section 8.15: Air Pollution Incident Emergency (Effective 3/9/
2018)
    Section 8.30: Severability (Effective 3/9/2018)
* * * * *
[FR Doc. 2024-30800 Filed 12-26-24; 8:45 am]
BILLING CODE 6560-50-P
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