Outer Continental Shelf Air Regulations Consistency Update for California, 38840-38844 [05-13276]

Download as PDF 38840 Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [R06–OAR–2005–TX–0024; FRL–7928–5] Approval and Promulgation of Implementation Plans; Texas; Transportation Conformity Dated: June 17, 2005. Richard E. Greene, Regional Administrator, Region 6. [FR Doc. 05–13280 Filed 7–5–05; 8:45 am] Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: BILLING CODE 6560–50–P SUMMARY: EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by the Texas Commission on Environmental Quality (TCEQ) on May 22, 2003, and on May 17, 2005. These revisions serve to incorporate recent changes to the federal conformity rule into the state conformity SIP. DATES: Comments must be received on or before August 5, 2005. ADDRESSES: Comments may be mailed to Mr. Thomas Diggs, Chief, Air Planning Section (6PD–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas, 75202–2733. Comments may also be submitted electronically or through hand delivery/ courier by following the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this Federal Register. FOR FURTHER INFORMATION CONTACT: Peggy Wade, Air Planning Section (6PD–L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733, telephone (214) 665–7247; fax number 214–665–7263; e-mail address wade.peggy@epa.gov. SUPPLEMENTARY INFORMATION: In the final rules section of this Federal Register, EPA is approving the state’s submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no relevant adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the VerDate jul<14>2003 15:27 Jul 05, 2005 Jkt 205001 remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of adverse comment. For additional information, see the direct final rule that is located in the rules section of this Federal Register. ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 55 [OAR–2004–0091; FRL–7933–3] Outer Continental Shelf Air Regulations Consistency Update for California Environmental Protection Agency (‘‘EPA’’). ACTION: Proposed rule—Consistency Update. AGENCY: SUMMARY: EPA is proposing to update 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 section 328(a)(1) of the Clean Air Act, as amended in 1990 (‘‘the Act’’). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which the Santa Barbara County Air Pollution Control District (Santa Barbara County APCD) and Ventura County Air Pollution Control District (Ventura County APCD) are the designated COAs. The intended effect of approving the OCS requirements for the above Districts is to regulate emissions from OCS sources in accordance with the requirements onshore. The change to the existing requirements discussed below is proposed to be incorporated by reference into the Code of Federal Regulations and is listed in the appendix to the OCS air regulations. DATES: Comments on the proposed update must be received on or before August 5, 2005. ADDRESSES: Submit comments, identified by docket number OAR– 2004–0091, by one of the following methods: 1. Agency Web site: https:// docket.epa.gov/edocket/. EPA prefers receiving comments through this electronic public docket and comment PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 system. Follow the on-line instructions to submit comments. 2. Federal eRulemaking Portal: https://www.regulations.gov. Follow the on-line instructions. 3. E-mail: steckel.andrew@epa.gov. 4. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. Instructions: All comments will be included in the public docket includes changes and may be made available online at https://docket.epa.gov/ edocket/, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statue. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through the agency website, eRulemaking portal or e-mail. The agency website and eRulemaking portal are ‘‘anonymous access’’ systems, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. 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. Docket: The index to the docket for this action is available electronically at https://docket.epa.gov/edocket/ and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publically available only at the hard copy location (e.g., copyrighted material), and some may not be publically available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Air Division (Air-4), U.S. EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105, (415) 947–4125, vineyard.christine@epa.gov. I. Background Information A. Why is EPA taking this action? On September 4, 1992, EPA promulgated 40 CFR part 55,1 which 1 The 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 E:\FR\FM\06JYP1.SGM 06JYP1 38841 Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Proposed Rules 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 Act. Part 55 applies 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 Act 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. Pursuant to § 55.12 of the OCS rule, consistency reviews will occur (1) at least annually; (2) upon receipt of a Notice of Intent under § 55.4; or (3) when a state or local agency submits a rule to EPA to be considered for incorporation by reference in part 55. This proposed action is being taken in response to the submittal of rules by two local air pollution control agencies. Public comments received in writing within 30 days of publication of this document will be considered by EPA before publishing a final rule. 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 part 55 as they exist onshore. This limits EPA’s flexibility in deciding which requirements will be incorporated into part 55 and prevents EPA from making substantive changes to the requirements it incorporates. As a result, EPA may be incorporating rules into 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 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 A. What criteria were used to evaluate rules submitted to update 40 CFR part 55? In updating 40 CFR part 55, EPA reviewed the rules submitted for inclusion in 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 Act, that they are not designed expressly to prevent exploration and development of the OCS and that they are applicable to OCS sources. 40 CFR 55.1. EPA has also evaluated the rules to ensure they are not arbitrary or capricious. 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. B. What rule revisions and new rules were submitted to update 40 CFR part 55? 1. After review of the rules submitted by Santa Barbara County APCD against the criteria set forth above and in 40 CFR part 55, EPA is proposing to making the following rules applicable to OCS sources for which the Santa Barbara County APCD is designated as the COA: Rule No. Rule name 102 .......................... 202 .......................... 210 .......................... Definitions ..................................................................................................................................................... Exemption to Rule 201 ................................................................................................................................. Fees .............................................................................................................................................................. 2. After review of the rules submitted by Ventura County APCD against the criteria set forth above and in 40 CFR Adoption date part 55, EPA is proposing to make the following rules applicable to OCS 1/20/05 3/17/05 3/17/05 sources for which the Ventura County APCD is designated as the COA: Rule No. Rule name Adoption date 23 ............................ 57 ............................ 57.1 ......................... 74.20 ....................... Exemptions from Permit ............................................................................................................................... Incinerators ................................................................................................................................................... Particulate Matter Emissions from Fuel Burning Equipment ....................................................................... Adhesive and Sealants ................................................................................................................................. 10/12/04 1/11/05 1 1/11/05 1/11/05 1 New. III. Administrative Requirements A. Executive Order 12866, Regulatory Planning and Review entitled ‘‘Regulatory Planning and Review.’’ B. Paperwork Reduction Act The Office of Management and Budget (OMB) has exempted this regulatory action from Executive Order 12866, This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) background and information on the OCS regulations. 2 Each 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 part 55, EPA will use its own administrative VerDate jul<14>2003 15:27 Jul 05, 2005 Jkt 205001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 C. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements unless the agency certifies that the rule will not have a significant economic impact on and procedural requirements to implement the substantive requirements. 40 CFR 55.14(c)(4). E:\FR\FM\06JYP1.SGM 06JYP1 38842 Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Proposed Rules a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and small governmental jurisdictions. This rule will not have a significant impact on a substantial number of small entities because SIP approvals under section 110 and subchapter I, part D of the Clean Air Act do not create any new requirements but simply approve requirements that the State is already imposing. Therefore, because the Federal SIP approval does not create any new requirements, I certify that this action will not have a significant economic impact on a substantial number of small entities. Moreover, due to the nature of the Federal-State relationship under the Clean Air Act, preparation of flexibility analysis would constitute Federal inquiry into the economic reasonableness of state action. The Clean Air Act forbids EPA to base its actions concerning SIPs on such grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255–66 (1976); 42 U.S.C. 7410(a)(2). D. Unfunded Mandates Reform Act Under sections 202 of the Unfunded Mandates Reform Act of 1995 (‘‘Unfunded Mandates Act’’), signed into law on March 22, 1995, EPA must prepare a budgetary impact statement to accompany any proposed or final rule that includes a Federal mandate that may result in estimated costs to State, local, or tribal governments in the aggregate; or to the private sector, of $100 million or more. Under section 205, EPA must select the most costeffective and least burdensome alternative that achieves the objectives of the rule and is consistent with statutory requirements. Section 203 requires EPA to establish a plan for informing and advising any small governments that may be significantly or uniquely impacted by the rule. EPA has determined that the approval action promulgated does not include a Federal mandate that may result in estimated costs of $100 million or more to either State, local, or tribal governments in the aggregate, or to the private sector. This Federal action approves pre-existing requirements under State or local law, and imposes no new requirements. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, result from this action. E. Executive Order 13132, Federalism Federalism (64 FR 43255, August 10, 1999) revokes and replaces Executive Orders 12612 (Federalism) and 12875 (Enhancing the Intergovernmental VerDate jul<14>2003 15:27 Jul 05, 2005 Jkt 205001 Partnership). Executive Order 13132 requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.’’ ‘‘Policies that have federalism implications’’ is defined in the Executive Order to include regulations that have ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ Under Executive Order 13132, EPA may not issue a regulation that has federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, or EPA consults with State and local officials early in the process of developing the proposed regulation. EPA also may not issue a regulation that has federalism implications and that preempts State law unless the Agency consults with State and local officials early in the process of developing the proposed regulation. This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, because it merely approves a state rule implementing a federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. Thus, the requirements of section 6 of the Executive Order do not apply to this rule. F. Executive Order 13175, Coordination With Indian Tribal Governments Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.’’ This final rule does not have tribal implications, as specified in Executive Order 13175. It will not have substantial direct effects on tribal governments, 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. PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 Thus, Executive Order 13175 does not apply to this rule. G. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is determined to be ‘‘economically significant’’ as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. This rule is not subject to Executive Order 13045 because it does not involve decisions intended to mitigate environmental health or safety risks. H. Executive Order 13211, Actions That Significantly Affect Energy Supply, Distribution, or Use This rule is not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act Section 12 of the National Technology Transfer and Advancement Act (NTTAA) of 1995 requires Federal agencies to evaluate existing technical standards when developing a new regulation. To comply with NTTAA, EPA must consider and use ‘‘voluntary consensus standards’’ (VCS) if available and applicable when developing programs and policies unless doing so would be inconsistent with applicable law or otherwise impractical. The EPA believes that VCS are inapplicable to this action. Today’s action does not require the public to perform activities conducive to the use of VCS. J. Congressional Review Act The Congressional Review Act, 5 U.S.C. section 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 E:\FR\FM\06JYP1.SGM 06JYP1 Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Proposed Rules the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule 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. section 804(2). This action will be effective August 5, 2005. K. Petitions for Judicial Review 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 September 6, 2005. Filing a petition for reconsideration by the Administrator of this final action 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).) 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: June 22, 2005. Laura Yoshii, Acting Regional Administrator, Region IX. Title 40 Chapter I of the Code of Federal Regulations, is proposed to be amended as follows: PART 55—[AMENDED] 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 paragraphs (e)(3)(ii)(F) and (H) to read as follows: § 55.14 Requirements that apply to OCS sources located within 25 miles of States’ seaward boundaries, by State. * * * (e) * * * (3) * * * VerDate jul<14>2003 * * 15:27 Jul 05, 2005 Jkt 205001 (ii) * * * (F) Santa Barbara County Air Pollution Control District Requirements Applicable to OCS Sources * * * * * (H) Ventura County Air Pollution Control District Requirements Applicable to OCS Sources. * * * * * Appendix A to Part 55—[Amended] 3. Appendix A to CFR part 55 is amended by revising paragraphs (b)(6) and (b)(8) under the heading ‘‘California’’ to read as follows: Appendix A to 40 CFR Part 55—Listing of State and Local Requirements Incorporated by Reference Into Part 55, by State * * * * * * * * California * * (b) Local Requirements * * * * * (6) The following requirements are contained in Santa Barbara County Air Pollution Control District Requirements Applicable to OCS Sources: Rule 102 Definition (Adopted 1/20/05) Rule 103 Severability (Adopted 10/23/78) Rule 106 Notice to Comply for Minor Violations (Adopted 7/15/99) Rule 107 Emergencies (Adopted 4/19/01) Rule 201 Permits Required (Adopted 4/17/ 97) Rule 202 Exemptions to Rule 201 (Adopted 3/17/05) Rule 203 Transfer (Adopted 4/17/97) Rule 204 Applications (Adopted 4/17/97) Rule 205 Standards for Granting Applications (Adopted 4/17/97) Rule 206 Conditional Approval of Authority to Construct or Permit to Operate (Adopted 10/15/91) Rule 207 Denial of Application (Adopted 10/23/78) Rule 210 Fees (Adopted 3/17/05) Rule 212 Emission Statements (Adopted 10/ 20/92) Rule 301 Circumvention (Adopted 10/23/ 78) Rule 302 Visible Emissions (Adopted 10/ 23/78) Rule 304 Particulate Matter-Northern Zone (Adopted 10/23/78) Rule 305 Particulate Matter ConcentrationSouthern Zone (Adopted 10/23/78) Rule 306 Dust and Fumes-Northern Zone (Adopted 10/23/78) Rule 307 Particulate Matter Emission Weight Rate-Southern Zone (Adopted 10/ 23/78) Rule 308 Incinerator Burning (Adopted 10/ 23/78) Rule 309 Specific Contaminants (Adopted 10/23/78) Rule 310 Odorous Organic Sulfides (Adopted 10/23/78) Rule 311 Sulfur Content of Fuels (Adopted 10/23/78) Rule 312 Open Fires (Adopted 10/2/90) PO 00000 Frm 00027 Fmt 4702 Sfmt 4700 38843 Rule 316 Storage and Transfer of Gasoline (Adopted 4/17/97) Rule 317 Organic Solvents (Adopted 10/23/ 78) Rule 318 Vacuum Producing Devices or Systems-Southern Zone (Adopted 10/23/ 78) Rule 321 Solvent Cleaning Operations (Adopted 9/18/97) Rule 322 Metal Surface Coating Thinner and Reducer(Adopted 10/23/78) Rule 323 Architectural Coatings (Adopted 11/15/01) Rule 324 Disposal and Evaporation of Solvents (Adopted 10/23/78) Rule 325 Crude Oil Production and Separation (Adopted 7/19/01) Rule 326 Storage of Reactive Organic Liquid Compounds (Adopted 1/18/01) Rule 327 Organic Liquid Cargo Tank Vessel Loading (Adopted 12/16/85) Rule 328 Continuous Emission Monitoring (Adopted 10/23/78) Rule 330 Surface Coating of Miscellaneous Metal Parts and Products (Adopted 1/20/ 00) Rule 331 Fugitive Emissions Inspection and Maintenance (Adopted 12/10/91) Rule 332 Petroleum Refinery Vacuum Producing Systems, Wastewater Separators and Process Turnarounds (Adopted 6/11/ 79) Rule 333 Control of Emissions from Reciprocating Internal Combustion Engines (Adopted 4/17/97) Rule 342 Control of Oxides of Nitrogen (NOX) from Boilers, Steam Generators and Process Heaters) (Adopted 4/17/97) Rule 343 Petroleum Storage Tank Degassing (Adopted 12/14/93) Rule 344 Petroleum Sumps, Pits, and Well Cellars (Adopted 11/10/94) Rule 346 Loading of Organic Liquid Cargo Vessels (Adopted 01/18/01) Rule 352 Natural Gas-Fired Fan-Type Central Furnaces and Residential Water Heaters (Adopted 9/16/99) Rule 353 Adhesives and Sealants (Adopted 8/19/99) Rule 359 Flares and Thermal Oxidizers (6/ 28/94) Rule 360 Emissions of Oxides of Nitrogen from Large Water Heaters and Small Boilers (Adopted 10/17/02) Rule 370 Potential to Emit—Limitations for Part 70 Sources (Adopted 6/15/95) Rule 505 Breakdown Conditions Sections A., B.1., and D. only (Adopted 10/23/78) Rule 603 Emergency Episode Plans (Adopted 6/15/81) Rule 702 General Conformity (Adopted 10/ 20/94) Rule 801 New Source Review (Adopted 4/ 17/97) Rule 802 Nonattainment Review (Adopted 4/17/97) Rule 803 Prevention of Significant Deterioration (Adopted 4/17/97) Rule 804 Emission Offsets (Adopted 4/17/ 97) Rule 805 Air Quality Impact Analysis and Modeling (Adopted 4/17/97) Rule 808 New Source Review for Major Sources of Hazardous Air Pollutants (Adopted 5/20/99) Rule 1301 Part 70 Operating Permits— General Information (Adopted 6/19/03) E:\FR\FM\06JYP1.SGM 06JYP1 38844 Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Proposed Rules Rule 1302 Part 70 Operating Permits— Permit Application (Adopted 11/09/93) Rule 1303 Part 70 Operating Permits— Permits (Adopted 11/09/93) Rule 1304 Part 70 Operating Permits— Issuance, Renewal, Modification and Reopening (Adopted 11/09/93) Rule 1305 Part 70 Operating Permits— Enforcement (Adopted 11/09/93) * * * * * (8) The following requirements are contained in Ventura County Air Pollution Control District Requirements Applicable to OCS Sources: Rule 2 Definitions (Adopted 4/13/04) Rule 5 Effective Date (Adopted 4/13/04) Rule 6 Severability (Adopted 11/21/78) Rule 7 Zone Boundaries (Adopted 6/14/77) Rule 10 Permits Required (Adopted 4/13/ 04) Rule 11 Definition for Regulation II (Adopted 6/13/95) Rule 12 Application for Permits (Adopted 6/13/95) Rule 13 Action on Applications for an Authority to Construct (Adopted 6/13/95) Rule 14 Action on Applications for a Permit to Operate (Adopted 6/13/95) Rule 15.1 Sampling and Testing Facilities (Adopted 10/12/93) Rule 16 BACT Certification (Adopted 6/13/ 95) Rule 19 Posting of Permits (Adopted 5/23/ 72) Rule 20 Transfer of Permit (Adopted 5/23/ 72) Rule 23 Exemptions from Permits (Revised 10/12/04) Rule 24 Source Recordkeeping, Reporting, and Emission Statements (Adopted 9/15/ 92) Rule 26 New Source Review (Adopted 10/ 22/91) Rule 26.1 New Source Review—Definitions (Adopted 5/14/02) Rule 26.2 New Source Review— Requirements (Adopted 5/14/02) Rule 26.3 New Source Review—Exemptions (Adopted 5/14/02) Rule 26.6 New Source Review— Calculations (Adopted 5/14/02) Rule 26.8 New Source Review—Permit To Operate (Adopted 10/22/91) Rule 26.10 New Source Review—PSD (Adopted 1/13/98) Rule 26.11 New Source Review—ERC Evaluation At Time of Use (Adopted 5/14/ 02) Rule 28 Revocation of Permits (Adopted 7/ 18/72) Rule 29 Conditions on Permits (Adopted 10/22/91) Rule 30 Permit Renewal (Adopted 4/13/04) Rule 32 Breakdown Conditions: Emergency Variances, A., B.1., and D. only. (Adopted 2/20/79) Rule 33 Part 70 Permits—General (Adopted 10/12/93) Rule 33.1 Part 70 Permits—Definitions (Adopted 4/10/01) Rule 33.2 Part 70 Permits—Application Contents (Adopted 4/10/01) Rule 33.3 Part 70 Permits—Permit Content (Adopted 4/10/01) Rule 33.4 Part 70 Permits—Operational Flexibility (Adopted 4/10/01) VerDate jul<14>2003 15:27 Jul 05, 2005 Jkt 205001 Rule 33.5 Part 70 Permits—Time frames for Applications, Review and Issuance (Adopted 10/12/93) Rule 33.6 Part 70 Permits—Permit Term and Permit Reissuance (Adopted 10/12/93) Rule 33.7 Part 70 Permits—Notification (Adopted 4/10/01) Rule 33.8 Part 70 Permits—Reopening of Permits (Adopted 10/12/93) Rule 33.9 Part 70 Permits—Compliance Provisions (Adopted 4/10/01) Rule 33.10 Part 70 Permits—General Part 70 Permits (Adopted 10/12/93) Rule 34 Acid Deposition Control (Adopted 3/14/95) Rule 35 Elective Emission Limits (Adopted 11/12/96) Rule 36 New Source Review—Hazardous Air Pollutants (Adopted 10/6/98) Rule 42 Permit Fees (Adopted 4/13/04) Rule 44 Exemption Evaluation Fee (Adopted 9/10/96) Rule 45 Plan Fees (Adopted 6/19/90) Rule 45.2 Asbestos Removal Fees (Adopted 8/4/92) Rule 47 Source Test, Emission Monitor, and Call-Back Fees (Adopted 6/22/99) Rule 50 Opacity (Adopted 4/13/04) Rule 52 Particulate Matter—Concentration (Adopted 4/13/04) Rule 53 Particulate Matter—Process Weight (Adopted 4/13/04) Rule 54 Sulfur Compounds (Adopted 6/14/ 94) Rule 56 Open Burning (Revised 11/11/03) Rule 57 Combustion Contaminants— Specific (Adopted 1/11/05) Rule 57.1 Particulate Matter Emissions from Fuel Burning Equipment (Adopted 1/11/ 05) Rule 62.7 Asbestos—Demolition and Renovation (Adopted 6/16/92) Rule 63 Separation and Combination of Emissions (Adopted 11/21/78) Rule 64 Sulfur Content of Fuels (Adopted 4/13/99) Rule 67 Vacuum Producing Devices (Adopted 7/5/83) Rule 68 Carbon Monoxide (Adopted 4/13/ 04) Rule 71 Crude Oil and Reactive Organic Compound Liquids (Adopted 12/13/94) Rule 71.1 Crude Oil Production and Separation (Adopted 6/16/92) Rule 71.2 Storage of Reactive Organic Compound Liquids (Adopted 9/26/89) Rule 71.3 Transfer of Reactive Organic Compound Liquids (Adopted 6/16/92) Rule 71.4 Petroleum Sumps, Pits, Ponds, and Well Cellars (Adopted 6/8/93) Rule 71.5 Glycol Dehydrators (Adopted 12/ 13/94) Rule 72 New Source Performance Standards (NSPS) (Adopted 4/10/01) Rule 73 National Emission Standards for Hazardous Air Pollutants (NESHAPS (Adopted 04/10/01) Rule 74 Specific Source Standards (Adopted 7/6/76) Rule 74.1 Abrasive Blasting (Adopted 11/ 12/91) Rule 74.2 Architectural Coatings (Adopted 11/13/01) Rule 74.6 Surface Cleaning and Degreasing (Revised 11/11/03—effective 7/1/04) Rule 74.6.1 Batch Loaded Vapor Degreasers (Adopted 11/11/03—effective 7/1/04) PO 00000 Frm 00028 Fmt 4702 Sfmt 4700 Rule 74.7 Fugitive Emissions of Reactive Organic Compounds at Petroleum Refineries and Chemical Plants (Adopted 10/10/95) Rule 74.8 Refinery Vacuum Producing Systems, Waste-water Separators and Process Turnarounds (Adopted 7/5/83) Rule 74.9 Stationary Internal Combustion Engines (Adopted 11/14/00) Rule 74.10 Components at Crude Oil Production Facilities and Natural Gas Production and Processing Facilities (Adopted 3/10/98) Rule 74.11 Natural Gas-Fired Residential Water Heaters-Control of NOX (Adopted 4/ 9/85) Rule 74.11.1 Large Water Heaters and Small Boilers (Adopted 9/14/99) Rule 74.12 Surface Coating of Metal Parts and Products (Adopted 11/11/03) Rule 74.15 Boilers, Steam Generators and Process Heaters (Adopted 11/8/94) Rule 74.15.1 Boilers, Steam Generators and Process Heaters (Adopted 6/13/00) Rule 74.16 Oil Field Drilling Operations (Adopted 1/8/91) Rule 74.20 Adhesives and Sealants (Adopted 1/11/05) Rule 74.23 Stationary Gas Turbines (Adopted 1/08/02) Rule 74.24 Marine Coating Operations (Revised 11/11/03) Rule 74.24.1 Pleasure Craft Coating and Commercial Boatyard Operations (Adopted 1/08/02) Rule 74.26 Crude Oil Storage Tank Degassing Operations (Adopted 11/8/94) Rule 74.27 Gasoline and ROC Liquid Storage Tank Degassing Operations (Adopted 11/8/94) Rule 74.28 Asphalt Roofing Operations (Adopted 5/10/94) Rule 74.30 Wood Products Coatings (Revised 11/11/03) Rule 75 Circumvention (Adopted 11/27/78) Rule 101 Sampling and Testing Facilities (Adopted 5/23/72) Rule 102 Source Tests (Adopted 4/13/04) Rule 103 Continuous Monitoring Systems (Adopted 2/9/99) Rule 154 Stage 1 Episode Actions (Adopted 9/17/91) Rule 155 Stage 2 Episode Actions (Adopted 9/17/91) Rule 156 Stage 3 Episode Actions (Adopted 9/17/91) Rule 158 Source Abatement Plans (Adopted 9/17/91) Rule 159 Traffic Abatement Procedures (Adopted 9/17/91) Rule 220 General Conformity (Adopted 5/9/ 95) Rule 230 Notice to Comply (Adopted 11/9/ 99) * * * * * [FR Doc. 05–13276 Filed 7–5–05; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\06JYP1.SGM 06JYP1

Agencies

[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Proposed Rules]
[Pages 38840-38844]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13276]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[OAR-2004-0091; FRL-7933-3]


Outer Continental Shelf Air Regulations Consistency Update for 
California

AGENCY: Environmental Protection Agency (``EPA'').

ACTION: Proposed rule--Consistency Update.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to update 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 section 328(a)(1) 
of the Clean Air Act, as amended in 1990 (``the Act''). The portion of 
the OCS air regulations that is being updated pertains to the 
requirements for OCS sources for which the Santa Barbara County Air 
Pollution Control District (Santa Barbara County APCD) and Ventura 
County Air Pollution Control District (Ventura County APCD) are the 
designated COAs. The intended effect of approving the OCS requirements 
for the above Districts is to regulate emissions from OCS sources in 
accordance with the requirements onshore. The change to the existing 
requirements discussed below is proposed to be incorporated by 
reference into the Code of Federal Regulations and is listed in the 
appendix to the OCS air regulations.

DATES: Comments on the proposed update must be received on or before 
August 5, 2005.

ADDRESSES: Submit comments, identified by docket number OAR-2004-0091, 
by one of the following methods:
    1. Agency Web site: https://docket.epa.gov/edocket/. EPA prefers 
receiving comments through this electronic public docket and comment 
system. Follow the on-line instructions to submit comments.
    2. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the on-line instructions.
    3. E-mail: steckel.andrew@epa.gov.
    4. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
includes changes and may be made available online at https://
docket.epa.gov/ edocket/, including any personal information provided, 
unless the comment includes Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statue. Information 
that you consider CBI or otherwise protected should be clearly 
identified as such and should not be submitted through the agency 
website, eRulemaking portal or e-mail. The agency website and 
eRulemaking portal are ``anonymous access'' systems, and EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send e-mail directly to EPA, your e-mail 
address will be automatically captured and included as part of the 
public comment. 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.
    Docket: The index to the docket for this action is available 
electronically at https://docket.epa.gov/edocket/ and in hard copy at 
EPA Region IX, 75 Hawthorne Street, San Francisco, California. While 
all documents in the docket are listed in the index, some information 
may be publically available only at the hard copy location (e.g., 
copyrighted material), and some may not be publically available in 
either location (e.g., CBI). To inspect the hard copy materials, please 
schedule an appointment during normal business hours with the contact 
listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Air Division (Air-
4), U.S. EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105, 
(415) 947-4125, vineyard.christine@epa.gov.

I. Background Information

A. Why is EPA taking this action?

    On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ which

[[Page 38841]]

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 
Act. Part 55 applies 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 Act 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.
---------------------------------------------------------------------------

    \1\ The 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.
---------------------------------------------------------------------------

    Pursuant to Sec.  55.12 of the OCS rule, consistency reviews will 
occur (1) at least annually; (2) upon receipt of a Notice of Intent 
under Sec.  55.4; or (3) when a state or local agency submits a rule to 
EPA to be considered for incorporation by reference in part 55. This 
proposed action is being taken in response to the submittal of rules by 
two local air pollution control agencies. Public comments received in 
writing within 30 days of publication of this document will be 
considered by EPA before publishing a final rule.
    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 part 55 as they exist onshore. This limits EPA's 
flexibility in deciding which requirements will be incorporated into 
part 55 and prevents EPA from making substantive changes to the 
requirements it incorporates. As a result, EPA may be incorporating 
rules into 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 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

A. What criteria were used to evaluate rules submitted to update 40 CFR 
part 55?

    In updating 40 CFR part 55, EPA reviewed the rules submitted for 
inclusion in 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 Act, that they are not designed 
expressly to prevent exploration and development of the OCS and that 
they are applicable to OCS sources. 40 CFR 55.1. EPA has also evaluated 
the rules to ensure they are not arbitrary or capricious. 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.
---------------------------------------------------------------------------

    \2\ Each 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 part 55, EPA will use 
its own administrative and procedural requirements to implement the 
substantive requirements. 40 CFR 55.14(c)(4).
---------------------------------------------------------------------------

B. What rule revisions and new rules were submitted to update 40 CFR 
part 55?

    1. After review of the rules submitted by Santa Barbara County APCD 
against the criteria set forth above and in 40 CFR part 55, EPA is 
proposing to making the following rules applicable to OCS sources for 
which the Santa Barbara County APCD is designated as the COA:

------------------------------------------------------------------------
           Rule No.                    Rule name          Adoption date
------------------------------------------------------------------------
102..........................  Definitions.............          1/20/05
202..........................  Exemption to Rule 201...          3/17/05
210..........................  Fees....................          3/17/05
------------------------------------------------------------------------

    2. After review of the rules submitted by Ventura County APCD 
against the criteria set forth above and in 40 CFR part 55, EPA is 
proposing to make the following rules applicable to OCS sources for 
which the Ventura County APCD is designated as the COA:

------------------------------------------------------------------------
           Rule No.                    Rule name          Adoption date
------------------------------------------------------------------------
23...........................  Exemptions from Permit..         10/12/04
57...........................  Incinerators............          1/11/05
57.1.........................  Particulate Matter            \1\ 1/11/05
                                Emissions from Fuel
                                Burning Equipment.
74.20........................  Adhesive and Sealants...         1/11/05
------------------------------------------------------------------------
\1\ New.

III. Administrative Requirements

A. Executive Order 12866, Regulatory Planning and Review

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

B. Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.)

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on

[[Page 38842]]

a substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions.
    This rule will not have a significant impact on a substantial 
number of small entities because SIP approvals under section 110 and 
subchapter I, part D of the Clean Air Act do not create any new 
requirements but simply approve requirements that the State is already 
imposing. Therefore, because the Federal SIP approval does not create 
any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities.
    Moreover, due to the nature of the Federal-State relationship under 
the Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

D. Unfunded Mandates Reform Act

    Under sections 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

E. Executive Order 13132, Federalism

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Orders 12612 (Federalism) and 12875 (Enhancing the 
Intergovernmental Partnership). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132, because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. Thus, the 
requirements of section 6 of the Executive Order do not apply to this 
rule.

F. Executive Order 13175, Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This final rule does not have 
tribal implications, as specified in Executive Order 13175. It will not 
have substantial direct effects on tribal governments, 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. Thus, Executive Order 13175 does not 
apply to this rule.

G. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is 
determined to be ``economically significant'' as defined under 
Executive Order 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

H. Executive Order 13211, Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. section 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

[[Page 38843]]

the rule, to each House of the Congress and to the Comptroller General 
of the United States. EPA will submit a report containing this rule 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. 
section 804(2). This action will be effective August 5, 2005.

K. Petitions for Judicial Review

    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 September 6, 2005. Filing a 
petition for reconsideration by the Administrator of this final action 
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).)

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: June 22, 2005.
Laura Yoshii,
Acting Regional Administrator, Region IX.
    Title 40 Chapter I of the Code of Federal Regulations, is proposed 
to be amended as follows:

PART 55--[AMENDED]

    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 paragraphs (e)(3)(ii)(F) 
and (H) to read as follows:


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

* * * * *
    (e) * * *
    (3) * * *
    (ii) * * *
    (F) Santa Barbara County Air Pollution Control District 
Requirements Applicable to OCS Sources
* * * * *
    (H) Ventura County Air Pollution Control District Requirements 
Applicable to OCS Sources.
* * * * *

Appendix A to Part 55--[Amended]

    3. Appendix A to CFR part 55 is amended by revising paragraphs 
(b)(6) and (b)(8) under the heading ``California'' to read as follows:

Appendix A to 40 CFR Part 55--Listing of State and Local Requirements 
Incorporated by Reference Into Part 55, by State

* * * * *

California

* * * * *
    (b) Local Requirements
* * * * *
    (6) The following requirements are contained in Santa Barbara 
County Air Pollution Control District Requirements Applicable to OCS 
Sources:

Rule 102 Definition (Adopted 1/20/05)
Rule 103 Severability (Adopted 10/23/78)
Rule 106 Notice to Comply for Minor Violations (Adopted 7/15/99)
Rule 107 Emergencies (Adopted 4/19/01)
Rule 201 Permits Required (Adopted 4/17/97)
Rule 202 Exemptions to Rule 201 (Adopted 3/17/05)
Rule 203 Transfer (Adopted 4/17/97)
Rule 204 Applications (Adopted 4/17/97)
Rule 205 Standards for Granting Applications (Adopted 4/17/97)
Rule 206 Conditional Approval of Authority to Construct or Permit to 
Operate (Adopted 10/15/91)
Rule 207 Denial of Application (Adopted 10/23/78)
Rule 210 Fees (Adopted 3/17/05)
Rule 212 Emission Statements (Adopted 10/20/92)
Rule 301 Circumvention (Adopted 10/23/78)
Rule 302 Visible Emissions (Adopted 10/23/78)
Rule 304 Particulate Matter-Northern Zone (Adopted 10/23/78)
Rule 305 Particulate Matter Concentration-Southern Zone (Adopted 10/
23/78)
Rule 306 Dust and Fumes-Northern Zone (Adopted 10/23/78)
Rule 307 Particulate Matter Emission Weight Rate-Southern Zone 
(Adopted 10/23/78)
Rule 308 Incinerator Burning (Adopted 10/23/78)
Rule 309 Specific Contaminants (Adopted 10/23/78)
Rule 310 Odorous Organic Sulfides (Adopted 10/23/78)
Rule 311 Sulfur Content of Fuels (Adopted 10/23/78)
Rule 312 Open Fires (Adopted 10/2/90)
Rule 316 Storage and Transfer of Gasoline (Adopted 4/17/97)
Rule 317 Organic Solvents (Adopted 10/23/78)
Rule 318 Vacuum Producing Devices or Systems-Southern Zone (Adopted 
10/23/78)
Rule 321 Solvent Cleaning Operations (Adopted 9/18/97)
Rule 322 Metal Surface Coating Thinner and Reducer(Adopted 10/23/78)
Rule 323 Architectural Coatings (Adopted 11/15/01)
Rule 324 Disposal and Evaporation of Solvents (Adopted 10/23/78)
Rule 325 Crude Oil Production and Separation (Adopted 7/19/01)
Rule 326 Storage of Reactive Organic Liquid Compounds (Adopted 1/18/
01)
Rule 327 Organic Liquid Cargo Tank Vessel Loading (Adopted 12/16/85)
Rule 328 Continuous Emission Monitoring (Adopted 10/23/78)
Rule 330 Surface Coating of Miscellaneous Metal Parts and Products 
(Adopted 1/20/00)
Rule 331 Fugitive Emissions Inspection and Maintenance (Adopted 12/
10/91)
Rule 332 Petroleum Refinery Vacuum Producing Systems, Wastewater 
Separators and Process Turnarounds (Adopted 6/11/79)
Rule 333 Control of Emissions from Reciprocating Internal Combustion 
Engines (Adopted 4/17/97)
Rule 342 Control of Oxides of Nitrogen (NOX) from 
Boilers, Steam Generators and Process Heaters) (Adopted 4/17/97)
Rule 343 Petroleum Storage Tank Degassing (Adopted 12/14/93)
Rule 344 Petroleum Sumps, Pits, and Well Cellars (Adopted 11/10/94)
Rule 346 Loading of Organic Liquid Cargo Vessels (Adopted 01/18/01)
Rule 352 Natural Gas-Fired Fan-Type Central Furnaces and Residential 
Water Heaters (Adopted 9/16/99)
Rule 353 Adhesives and Sealants (Adopted 8/19/99)
Rule 359 Flares and Thermal Oxidizers (6/28/94)
Rule 360 Emissions of Oxides of Nitrogen from Large Water Heaters 
and Small Boilers (Adopted 10/17/02)
Rule 370 Potential to Emit--Limitations for Part 70 Sources (Adopted 
6/15/95)
Rule 505 Breakdown Conditions Sections A., B.1., and D. only 
(Adopted 10/23/78)
Rule 603 Emergency Episode Plans (Adopted 6/15/81)
Rule 702 General Conformity (Adopted 10/20/94)
Rule 801 New Source Review (Adopted 4/17/97)
Rule 802 Nonattainment Review (Adopted 4/17/97)
Rule 803 Prevention of Significant Deterioration (Adopted 4/17/97)
Rule 804 Emission Offsets (Adopted 4/17/97)
Rule 805 Air Quality Impact Analysis and Modeling (Adopted 4/17/97)
Rule 808 New Source Review for Major Sources of Hazardous Air 
Pollutants (Adopted 5/20/99)
Rule 1301 Part 70 Operating Permits--General Information (Adopted 6/
19/03)

[[Page 38844]]

Rule 1302 Part 70 Operating Permits--Permit Application (Adopted 11/
09/93)
Rule 1303 Part 70 Operating Permits--Permits (Adopted 11/09/93)
Rule 1304 Part 70 Operating Permits--Issuance, Renewal, Modification 
and Reopening (Adopted 11/09/93)
Rule 1305 Part 70 Operating Permits--Enforcement (Adopted 11/09/93)
* * * * *
    (8) The following requirements are contained in Ventura County 
Air Pollution Control District Requirements Applicable to OCS 
Sources:

Rule 2 Definitions (Adopted 4/13/04)
Rule 5 Effective Date (Adopted 4/13/04)
Rule 6 Severability (Adopted 11/21/78)
Rule 7 Zone Boundaries (Adopted 6/14/77)
Rule 10 Permits Required (Adopted 4/13/04)
Rule 11 Definition for Regulation II (Adopted 6/13/95)
Rule 12 Application for Permits (Adopted 6/13/95)
Rule 13 Action on Applications for an Authority to Construct 
(Adopted 6/13/95)
Rule 14 Action on Applications for a Permit to Operate (Adopted 6/
13/95)
Rule 15.1 Sampling and Testing Facilities (Adopted 10/12/93)
Rule 16 BACT Certification (Adopted 6/13/95)
Rule 19 Posting of Permits (Adopted 5/23/72)
Rule 20 Transfer of Permit (Adopted 5/23/72)
Rule 23 Exemptions from Permits (Revised 10/12/04)
Rule 24 Source Recordkeeping, Reporting, and Emission Statements 
(Adopted 9/15/92)
Rule 26 New Source Review (Adopted 10/22/91)
Rule 26.1 New Source Review--Definitions (Adopted 5/14/02)
Rule 26.2 New Source Review--Requirements (Adopted 5/14/02)
Rule 26.3 New Source Review--Exemptions (Adopted 5/14/02)
Rule 26.6 New Source Review--Calculations (Adopted 5/14/02)
Rule 26.8 New Source Review--Permit To Operate (Adopted 10/22/91)
Rule 26.10 New Source Review--PSD (Adopted 1/13/98)
Rule 26.11 New Source Review--ERC Evaluation At Time of Use (Adopted 
5/14/02)
Rule 28 Revocation of Permits (Adopted 7/18/72)
Rule 29 Conditions on Permits (Adopted 10/22/91)
Rule 30 Permit Renewal (Adopted 4/13/04)
Rule 32 Breakdown Conditions: Emergency Variances, A., B.1., and D. 
only. (Adopted 2/20/79)
Rule 33 Part 70 Permits--General (Adopted 10/12/93)
Rule 33.1 Part 70 Permits--Definitions (Adopted 4/10/01)
Rule 33.2 Part 70 Permits--Application Contents (Adopted 4/10/01)
Rule 33.3 Part 70 Permits--Permit Content (Adopted 4/10/01)
Rule 33.4 Part 70 Permits--Operational Flexibility (Adopted 4/10/01)
Rule 33.5 Part 70 Permits--Time frames for Applications, Review and 
Issuance (Adopted 10/12/93)
Rule 33.6 Part 70 Permits--Permit Term and Permit Reissuance 
(Adopted 10/12/93)
Rule 33.7 Part 70 Permits--Notification (Adopted 4/10/01)
Rule 33.8 Part 70 Permits--Reopening of Permits (Adopted 10/12/93)
Rule 33.9 Part 70 Permits--Compliance Provisions (Adopted 4/10/01)
Rule 33.10 Part 70 Permits--General Part 70 Permits (Adopted 10/12/
93)
Rule 34 Acid Deposition Control (Adopted 3/14/95)
Rule 35 Elective Emission Limits (Adopted 11/12/96)
Rule 36 New Source Review--Hazardous Air Pollutants (Adopted 10/6/
98)
Rule 42 Permit Fees (Adopted 4/13/04)
Rule 44 Exemption Evaluation Fee (Adopted 9/10/96)
Rule 45 Plan Fees (Adopted 6/19/90)
Rule 45.2 Asbestos Removal Fees (Adopted 8/4/92)
Rule 47 Source Test, Emission Monitor, and Call-Back Fees (Adopted 
6/22/99)
Rule 50 Opacity (Adopted 4/13/04)
Rule 52 Particulate Matter--Concentration (Adopted 4/13/04)
Rule 53 Particulate Matter--Process Weight (Adopted 4/13/04)
Rule 54 Sulfur Compounds (Adopted 6/14/94)
Rule 56 Open Burning (Revised 11/11/03)
Rule 57 Combustion Contaminants--Specific (Adopted 1/11/05)
Rule 57.1 Particulate Matter Emissions from Fuel Burning Equipment 
(Adopted 1/11/05)
Rule 62.7 Asbestos--Demolition and Renovation (Adopted 6/16/92)
Rule 63 Separation and Combination of Emissions (Adopted 11/21/78)
Rule 64 Sulfur Content of Fuels (Adopted 4/13/99)
Rule 67 Vacuum Producing Devices (Adopted 7/5/83)
Rule 68 Carbon Monoxide (Adopted 4/13/04)
Rule 71 Crude Oil and Reactive Organic Compound Liquids (Adopted 12/
13/94)
Rule 71.1 Crude Oil Production and Separation (Adopted 6/16/92)
Rule 71.2 Storage of Reactive Organic Compound Liquids (Adopted 9/
26/89)
Rule 71.3 Transfer of Reactive Organic Compound Liquids (Adopted 6/
16/92)
Rule 71.4 Petroleum Sumps, Pits, Ponds, and Well Cellars (Adopted 6/
8/93)
Rule 71.5 Glycol Dehydrators (Adopted 12/13/94)
Rule 72 New Source Performance Standards (NSPS) (Adopted 4/10/01)
Rule 73 National Emission Standards for Hazardous Air Pollutants 
(NESHAPS (Adopted 04/10/01)
Rule 74 Specific Source Standards (Adopted 7/6/76)
Rule 74.1 Abrasive Blasting (Adopted 11/12/91)
Rule 74.2 Architectural Coatings (Adopted 11/13/01)
Rule 74.6 Surface Cleaning and Degreasing (Revised 11/11/03--
effective 7/1/04)
Rule 74.6.1 Batch Loaded Vapor Degreasers ( Adopted 11/11/03--
effective 7/1/04)
Rule 74.7 Fugitive Emissions of Reactive Organic Compounds at 
Petroleum Refineries and Chemical Plants (Adopted 10/10/95)
Rule 74.8 Refinery Vacuum Producing Systems, Waste-water Separators 
and Process Turnarounds (Adopted 7/5/83)
Rule 74.9 Stationary Internal Combustion Engines (Adopted 11/14/00)
Rule 74.10 Components at Crude Oil Production Facilities and Natural 
Gas Production and Processing Facilities (Adopted 3/10/98)
Rule 74.11 Natural Gas-Fired Residential Water Heaters-Control of 
NOX (Adopted 4/9/85)
Rule 74.11.1 Large Water Heaters and Small Boilers (Adopted 9/14/99)
Rule 74.12 Surface Coating of Metal Parts and Products (Adopted 11/
11/03)
Rule 74.15 Boilers, Steam Generators and Process Heaters (Adopted 
11/8/94)
Rule 74.15.1 Boilers, Steam Generators and Process Heaters (Adopted 
6/13/00)
Rule 74.16 Oil Field Drilling Operations (Adopted 1/8/91)
Rule 74.20 Adhesives and Sealants (Adopted 1/11/05)
Rule 74.23 Stationary Gas Turbines (Adopted 1/08/02)
Rule 74.24 Marine Coating Operations (Revised 11/11/03)
Rule 74.24.1 Pleasure Craft Coating and Commercial Boatyard 
Operations (Adopted 1/08/02)
Rule 74.26 Crude Oil Storage Tank Degassing Operations (Adopted 11/
8/94)
Rule 74.27 Gasoline and ROC Liquid Storage Tank Degassing Operations 
(Adopted 11/8/94)
Rule 74.28 Asphalt Roofing Operations (Adopted 5/10/94)
Rule 74.30 Wood Products Coatings (Revised 11/11/03)
Rule 75 Circumvention (Adopted 11/27/78)
Rule 101 Sampling and Testing Facilities (Adopted 5/23/72)
Rule 102 Source Tests (Adopted 4/13/04)
Rule 103 Continuous Monitoring Systems (Adopted 2/9/99)
Rule 154 Stage 1 Episode Actions (Adopted 9/17/91)
Rule 155 Stage 2 Episode Actions (Adopted 9/17/91)
Rule 156 Stage 3 Episode Actions (Adopted 9/17/91)
Rule 158 Source Abatement Plans (Adopted 9/17/91)
Rule 159 Traffic Abatement Procedures (Adopted 9/17/91)
Rule 220 General Conformity (Adopted 5/9/95)
Rule 230 Notice to Comply (Adopted 11/9/99)
* * * * *
[FR Doc. 05-13276 Filed 7-5-05; 8:45 am]
BILLING CODE 6560-50-P
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