Outer Continental Shelf Air Regulations Consistency Update for California, 38840-38844 [05-13276]
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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direct final rule will be withdrawn and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
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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
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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
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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
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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).
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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
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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.
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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
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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.
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(e) * * *
(3) * * *
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(ii) * * *
(F) Santa Barbara County Air
Pollution Control District Requirements
Applicable to OCS Sources
*
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(H) Ventura County Air Pollution
Control District Requirements
Applicable to OCS Sources.
*
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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)
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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)
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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)
*
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*
(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