Outer Continental Shelf Air Regulations Consistency Update for California, 72094-72099 [05-23275]
Download as PDF
72094
Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Proposed Rules
categorically excluded certain actions
from these requirements as not having a
significant effect on the human
environment.18 The actions proposed
here fall within categorical exclusions
in the Commission’s regulations for
rules that are clarifying, corrective, or
procedural, for information gathering,
analysis, and dissemination, and for
sales, exchange, and transportation of
natural gas that requires no construction
of facilities.19 Therefore, an
environmental assessment is
unnecessary and has not been prepared
in this NOPR.
Regulatory Flexibility Act
24. The Regulatory Flexibility Act of
1980 (RFA) 20 generally requires a
description and analysis of final rules
that will have significant economic
impact on a substantial number of small
entities.21 The Commission is not
required to make such analyses if a rule
would not have such an effect.
25. The Commission does not believe
that this proposed rule would have such
an impact on small entities. The
proposed rule merely repeals sections
284.288 and 284.403 of the
Commission’s regulations. Therefore,
the Commission certifies that this
proposed rule, if finalized, will not have
a significant economic impact on a
substantial number of small entities.
Comment Procedures
26. The Commission invites interested
persons to submit comments on the
matters and issues proposed in this
notice to be adopted, including any
related matters or alternative proposals
that commenters may wish to discuss.
Comments are due January 3, 2006.
Reply comments are due January 17,
2006. Comments must refer to Docket
No. RM06–5–000, and must include the
commenter’s name, the organization
they represent, if applicable, and their
address in their comments. Comments
(Dec. 17, 1987), FERC Stats. & Regs., Regulations
Preambles 1986–1990 ¶ 30,783 (1987).
18 18 CFR 380.4 (2005).
19 See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5),
380.4(a)(27) (2005).
20 5 U.S.C. 601–12 (2000).
21 The RFA definition of ‘‘small entity’’ refers to
the definition provided in the Small Business Act,
which defines a ‘‘small business concern’’ as a
business that is independently owned and operated
and that is not dominant in its field of operation.
15 U.S.C. 632 (2000). The Small Business Size
Standards component of the North American
Industry Classification System defines a small
electric utility as one that, including its affiliates,
is primarily engaged in the generation,
transmission, and/or distribution of electric energy
for sale and whose total electric output for the
preceding fiscal years did not exceed 4 million
MWh. 13 CFR 121.201 (2004) (Section 22, Utilities,
North American Industry Classification System,
NAICS).
VerDate Aug<31>2005
14:46 Nov 30, 2005
Jkt 208001
may be filed either in electronic or
paper format. Comments may be filed
electronically via the eFiling link on the
Commission’s Web site at https://
www.ferc.gov. The Commission accepts
most standard word processing formats
and commenters may attach additional
files with supporting information in
certain other file formats. Commenters
filing electronically do not need to make
a paper filing. Commenters that are not
able to file comments electronically
must send an original and 14 copies of
their comments to: Federal Energy
Regulatory Commission, Office of the
Secretary, 888 First Street, NE.,
Washington, DC 20426.
27. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commenters
on this proposal are not required to
serve copies of their comments on other
commenters.
PART 284—CERTAIN SALES AND
TRANSPORTATION OF NATURAL GAS
UNDER THE NATURAL GAS POLICY
ACT OF 1978 AND RELATED
AUTHORITIES
1. The authority citation for part 284
continues to read as follows:
Authority: 15 U.S.C. 717–717w, 3301–
3432; 42 U.S.C. 7101–7532; 43 U.S.C. 1331–
1356.
§ 284.288
[Removed]
2. Remove § 284.288.
§ 284.403
[Removed]
3. Remove § 284.403.
[FR Doc. 05–23405 Filed 11–30–05; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 55
Document Availability
[OAR–2004–0091; FRL–8000–1]
28. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the Internet through
FERC’s Home Page (https://www.ferc.gov)
and in FERC’s Public Reference Room
during normal business hours (8:30 a.m.
to 5 p.m. eastern time) at 888 First
Street, NE., Room 2A, Washington, DC
20426.
29. From FERC’s Home Page on the
Internet, this information is available in
the eLibrary. The full text of this
document is available in the eLibrary
both in PDF and Microsoft Word format
for viewing, printing, and/or
downloading. To access this document
in eLibrary, type the docket number
excluding the last three digits of this
document in the docket number field.
User assistance is available for
eLibrary and the FERC’s Web site during
our normal business hours. For
assistance contact FERC Online Support
at FERCOnlineSupport@ferc.gov or tollfree at (866) 208–3676, or for TTY,
contact (202) 502–8659.
Outer Continental Shelf Air
Regulations Consistency Update for
California
List of Subjects in 18 CFR Part 284
Continental Shelf, Natural gas,
Reporting and recordkeeping
requirements.
By direction of the Commission.
Magalie R. Salas,
Secretary.
In consideration of the foregoing, the
Commission proposes to amend part
284, chapter I, title 18, Code of Federal
Regulations, as follows.
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
Environmental Protection
Agency (‘‘EPA’’).
ACTION: Proposed rule.
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 by the State of California and
South Coast Air Quality Management
District (South Coast AQMD). The
intended effect of approving the OCS
requirements for the State of California
and South Coast AQMD 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
January 3, 2006.
ADDRESSES: Submit comments,
identified by docket number OAR–
2004–0091, by one of the following
methods:
E:\FR\FM\01DEP1.SGM
01DEP1
Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Proposed Rules
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 Web site, eRulemaking portal or
e-mail. The agency Web site 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 publicly available
only at the hard copy location (e.g.,
copyrighted material), and some may
not be publicly available in either
location (e.g., CBI). To inspect the hard
copy materials, please schedule an
appointment during normal business
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.
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 Aug<31>2005
14:46 Nov 30, 2005
Jkt 208001
hours with the contact listed in the FOR
section.
FOR FURTHER INFORMATION CONTACT:
Cynthia Allen, Air Division (Air–4),
U.S. EPA Region 9, 75 Hawthorne
Street, San Francisco, CA 94105, (415)
947–4120, allen.cynthia@epa.gov.
SUPPLEMENTARY INFORMATION:
FURTHER INFORMATION CONTACT
I. Background Information
A. Why Is EPA Taking This Action?
On September 4, 1992, EPA
promulgated 40 CFR part 55,1 which
established requirements to control air
pollution from OCS sources in order to
attain and maintain federal and state
ambient air quality standards and to
comply with the provisions of part C of
title I of the 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
requirements submitted by the State of
California and South Coast AQMD.
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 Requirements Were Submitted
To Update 40 CFR Part 55?
1. After review of the requirements
submitted by the State of California
against the criteria set forth above and
in 40 CFR part 55, EPA is proposing to
make the following State of California
requirements applicable to OCS sources:
and procedural requirements to implement the
substantive requirements. 40 CFR 55.14(c)(4).
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
72095
E:\FR\FM\01DEP1.SGM
01DEP1
72096
Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Proposed Rules
Adoption or
amended date
Requirement #
Name
17 § 93115 .....................
Airborne Toxic Control Measure for Stationary Compression Ignition Engines .....................................
2. After review of the requirements
submitted by the South Coast AQMD
against the criteria set forth above and
in 40 CFR part 55, EPA is proposing to
make the following District
requirements applicable to OCS sources:
Adoption or
amended date
Rule #
Name
102 ................................
201 ................................
201.1 .............................
202 ................................
203 ................................
219 ................................
301 ................................
304 ................................
304.1 .............................
306 ................................
309 ................................
403 ................................
463 ................................
1110.1 ...........................
1110.2 ...........................
1113 ..............................
1121 ..............................
1122 ..............................
1132 ..............................
1146.2 ...........................
1162 ..............................
1168 ..............................
1171 ..............................
2000 ..............................
2001 ..............................
2002 ..............................
2005 ..............................
2007 ..............................
2009 ..............................
2010 ..............................
2011 ..............................
2012 ..............................
2015 ..............................
1470 ..............................
Definition of Terms ............................................................................................................................
Permit to Construct ............................................................................................................................
Permit Conditions in Federally Issued Permits to Construct ............................................................
Temporary Permit to Operate ............................................................................................................
Permit to Operate ..............................................................................................................................
Equipment Not Requiring a Written Permit Pursuant to Regulation III .............................................
Permitting and Associated Fees (except (3) (7) andTable IV) .........................................................
Equipment Materials, and Ambient Air Analyses ..............................................................................
Analyses Fees ...................................................................................................................................
Plans Fees .........................................................................................................................................
Fees for Regulation XVI ....................................................................................................................
Fugitive Dust ......................................................................................................................................
Organic Liquid Storage ......................................................................................................................
Emissions from Stationary Internal CombustionEngines ..................................................................
Emissions from Gaseous- and Liquid-Fueled Engines .....................................................................
Architectural Coatings ........................................................................................................................
Control Of Nitrogen Oxides from Residential Type,Natural Gas-Fired Water Heaters ....................
Solvent Degreasers ...........................................................................................................................
Further Control of VOC Emissions from High EmittingSpray Booth Facilities .................................
Emissions of Oxides of Nitrogen from Large WaterHeaters and Small Boilers ...............................
Polyester Resin Operations ...............................................................................................................
Adhesive and Sealant Applications ...................................................................................................
Solvent Cleaning Operations .............................................................................................................
General ..............................................................................................................................................
Applicability ........................................................................................................................................
Allocations for Oxides of Nitrogen (NOX) and Oxides of Sulfur (Sox) ..............................................
New Source Review for RECLAIM (except (i)) .................................................................................
Trading Requirements .......................................................................................................................
Compliance Plan for Power Producing Facilities ..............................................................................
Administrative Remedies and Sanctions ...........................................................................................
Requirements for Monitoring, Reporting, andRecordkeeping for Oxides of Sulfur (Sox) Emissions
Requirements for Monitoring, Reporting, andRecordkeeping for Oxides of Nitrogen Emissions .....
Backstop Measures (except (b)(l)(G) and (b)(3)(B) ..........................................................................
Requirements for Stationary Diesel-Fueled InternalCombustion and Other Compression Ignition
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
VerDate Aug<31>2005
14:46 Nov 30, 2005
Jkt 208001
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
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
2/26/04
12/3/04
12/3/04
12/3/04
12/3/04
12/3/04
12/3/04
6/3/05
6/3/05
6/3/05
6/3/05
6/3/05
6/3/05
5/6/05
6/3/05
6/3/05
7/9/04
9/3/05
10/1/04
5/7/04
1/7/05
7/9/04
1/7/05
5/6/05
5/6/05
5/6/05
1/7/05
5/6/05
5/6/05
1/7/05
1/7/05
5/6/05
5/6/05
6/4/04
3/4/05
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
E:\FR\FM\01DEP1.SGM
01DEP1
Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Proposed Rules
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
VerDate Aug<31>2005
14:46 Nov 30, 2005
Jkt 208001
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
PO 00000
Frm 00015
Fmt 4702
Sfmt 4700
72097
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.
List of Subjects in 40 CFR Part 55
Environmental protection,
Administrative practice and procedures,
Air pollution control, Hydrocarbons,
Intergovernmental relations, Nitrogen
dioxide, Nitrogen oxides, Outer
Continental Shelf, Ozone, Particulate
matter, Permits, Reporting and
Recordkeeping requirements, Sulfur
oxides.
Dated: November 1, 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)(i)(A) and
(e)(3)(ii)(G) to read as follows:
§ 55.14 Requirements that apply to OCS
sources located within 25 miles of States’
seaward boundaries, by State.
*
*
*
*
*
(e) * * *
(3) * * *
(i) * * *
(A) State of California Requirements
Applicable to OCS Sources.
(ii) * * *
(G) South Coast Air Quality
Management District Requirements
Applicable to OCS Sources.
*
*
*
*
*
Appendix to Part 55—[Amended]
3. Appendix A to Part 55 is amended
by revising paragraphs (a)(1) and (b)(7)
under the heading ‘‘California’’ to read
as follows:
Appendix A to Part 55—Listing of State
and Local Requirements Incorporated
by Reference Into Part 55, by State
*
*
*
*
California
(a) State requirements.
E:\FR\FM\01DEP1.SGM
01DEP1
*
72098
Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Proposed Rules
(1) The following requirements are
contained in State of California Requirements
applicable to OCS Sources:
Barclays California Code of Regulations
The following sections of Title 17
Subchapter 6:
17 § 92000—Definitions (Adopted 5/31/91)
17 § 92100—Scope and Policy (Adopted 5/
31/91)
17 § 92200—Visible Emission Standards
(Adopted 5/31/91)
17 § 92210—Nuisance Prohibition (Adopted
5/31/91)
17 § 92220—Compliance with Performance
Standards (Adopted 5/31/91)
17 § 92400—Visible Evaluation Techniques
(Adopted 5/31/91)
17 § 92500—General Provisions (Adopted 5/
31/91)
17 § 92510—Pavement Marking (Adopted 5/
31/91)
17 § 92520—Stucco and Concrete (Adopted
5/31/91)
17 § 92530—Certified Abrasive (Adopted 5/
31/91)
17 § 92540—Stucco and Concrete (Adopted
5/31/91)
17 § 93115—Airborne Toxic Control Measure
for Stationary Compression Ignition
Engines (Adopted 2/26/04)
Health and Safety Code
The following section of Division 26, Part
4, Chapter 4, Article 1:
Health and Safety Code § 42301.13 of seq.
Stationary sources: demolition or removal
(chaptered 7/25/96)
(b) Local requirements.
*
*
*
*
*
(7) The following requirements are
contained in South Coast Air Quality
Management District Requirements
Applicable to OCS Sources (Part I, II and III),
February 2005:
Rule 102—Definition of Terms (Amended 12/
3/04)
Rule 103—Definition of Geographical Areas
(Adopted 1/9/76)
Rule 104—Reporting of Source Test Data and
Analyses (Adopted 1/9/76)
Rule 108—Alternative Emission Control
Plans (Adopted 4/6/90)
Rule 109—Recordkeeping for Volatile
Organic Compound Emissions (Adopted
8/18/00)
Rule 112—Definition of Minor Violation and
Guidelines for Issuance of Notice to
Comply (Adopted 11/13/98)
Rule 118—Emergencies (Adopted 12/7/95)
Rule 201—Permit to Construct (Amended 12/
3/04)
Rule 201.1—Permit Conditions in Federally
Issued Permits to Construct (Amended
12/3/04)
Rule 202—Temporary Permit to Operate
(Amended 12/3/04)
Rule 203—Permit to Operate (Amended 12/
3/04)
Rule 204—Permit Conditions (Adopted 3/6/
92)
Rule 205—Expiration of Permits to Construct
(Adopted 1/5/90)
Rule 206—Posting of Permit to Operate
(Adopted 1/5/90)
Rule 207—Altering or Falsifying of Permit
(Adopted 1/9/76)
VerDate Aug<31>2005
14:46 Nov 30, 2005
Jkt 208001
Rule 208—Permit and Burn Authorization for
Open Burning (amended 12/21/01)
Rule 209—Transfer and Voiding of Permits
(Adopted 1/5/90)
Rule 210—Applications (Adopted 1/5/90)
Rule 212—Standards for Approving Permits
(Adopted 12/7/95) except (c)(3) and (e)
Rule 214—Denial of Permits (Adopted 1/5/
90)
Rule 217—Provisions for Sampling and
Testing Facilities (Adopted 1/5/90)
Rule 218—Continuous Emission Monitoring
(Adopted 5/14/99)
Rule 218.1—Continuous Emission
Monitoring Performance Specifications
(Adopted 5/14/99)
Rule 218.1—Attachment A—Supplemental
and Alternative CEMS Performance
Requirements (Adopted 5/14/99)
Rule 219—Equipment Not Requiring a
Written Permit Pursuant to Regulation II
(Amended 12/3/04)
Rule 220—Exemption—Net Increase in
Emissions (Adopted 8/7/81)
Rule 221—Plans (Adopted 1/4/85)
Rule 301—Permitting and Associated Fees
(Amended 6/3/05) except (e)(7)and Table
IV
Rule 304—Equipment, Materials, and
Ambient Air Analyses (Amended 6/3/05)
Rule 304.1—Analyses Fees (Amended 6/3/
05)
Rule 305—Fees for Acid Deposition
(Adopted 10/4/91)
Rule 306—Plan Fees (Amended 6/3/05)
Rule 309—Fees for Regulation XVI Plans
(Amended 6/3/05)
Rule 401—Visible Emissions (Adopted 11/9/
01)
Rule 403—Fugitive Dust (Amended 6/3/05)
Rule 404—Particulate Matter—Concentration
(Adopted 2/7/86)
Rule 405—Solid Particulate Matter—Weight
(Adopted 2/7/86)
Rule 407—Liquid and Gaseous Air
Contaminants (Adopted 4/2/82)
Rule 408—Circumvention (Adopted 5/7/76)
Rule 409—Combustion Contaminants
(Adopted 8/7/81)
Rule 429—Start-Up and Shutdown
Provisions for Oxides of Nitrogen
(Adopted 12/21/90)
Rule 430—Breakdown Provisions, (a) and (e)
only (Adopted 7/12/96)
Rule 431.1—Sulfur Content of Gaseous Fuels
(Adopted 6/12/98)
Rule 431.2—Sulfur Content of Liquid Fuels
(Adopted 9/15/00)
Rule 431.3—Sulfur Content of Fossil Fuels
(Adopted 5/7/76)
Rule 441—Research Operations (Adopted 5/
7/76)
Rule 442—Usage of Solvents (Adopted 12/
15/00)
Rule 444—Open Burning (Adopted 12/21/01)
Rule 463—Organic Liquid Storage (Adopted
5/6/05)
Rule 465—Vacuum Producing Devices or
Systems (Adopted 8/13/99)
Rule 468—Sulfur Recovery Units (Amended
10/8/76)
Rule 473—Disposal of Solid and Liquid
Wastes (Adopted 5/7/76)
Rule 474—Fuel Burning Equipment—Oxides
of Nitrogen (Adopted 12/4/81)
Rule 475—Electric Power Generating
Equipment (Adopted 8/7/78)
PO 00000
Frm 00016
Fmt 4702
Sfmt 4700
Rule 476—Steam Generating Equipment
(Adopted 10/8/76)
Rule 480—Natural Gas Fired Control Devices
(Adopted 10/7/77)Addendum to
Regulation IV (Effective 1977)
Rule 518—Variance Procedures for Title V
Facilities (Adopted 8/11/95)
Rule 518.1—Permit Appeal Procedures for
Title V Facilities (Adopted 8/11/95)
Rule 518.2—Federal Alternative Operating
Conditions (Adopted 12/21/01)
Rule 701—Air Pollution Emergency
Contingency Actions (Adopted 6/13/97)
Rule 702—Definitions (Adopted 7/11/80)
Rule 708—Plans (Rescinded 9/8/95)
Regulation IX—New Source Performance
Standards (Adopted 5/11/01)
Regulation X—National Emission Standards
for Hazardous Air Pollutants (NESHAPS)
(Adopted 5/11/01)
Rule 1105.1—Reduction of PM 10 and
Ammonia Emissions From Fluid
Catalytic Crackling Units (Adopted 11/7/
03)
Rule 1106—Marine Coatings Operations
(Adopted 1/13/95)
Rule 1107—Coating of Metal Parts and
Products (Adopted 11/9/01)
Rule 1109—Emissions of Oxides of Nitrogen
for Boilers and Process Heaters in
Petroleum Refineries (Adopted 8/5/88)
Rule 1110—Emissions from Stationary
Internal Combustion Engines
(Demonstration) (Adopted 11/14/97)
Rule 1110.1—Emissions from Stationary
Internal Combustion Engines (Amended
6/3/05)
Rule 1110.2—Emissions from Gaseous- and
Liquid Fueled Internal Combustion
Engines (Amended 6/3/05)
Rule 1113—Architectural Coatings
(Amended 7/9/04)
Rule 1116.1—Lightering Vessel Operations—
Sulfur Content of Bunker Fuel (Adopted
10/20/78)
Rule 1121—Control of Nitrogen Oxides from
Residential—Type Natural Gas—Fired
Water Heaters (Amended 9/3/04)
Rule 1122—Solvent Degreasers (Amended
10/1/04)
Rule 1123—Refinery Process Turnarounds
(Adopted 12/7/90)
Rule 1125—Metal Containers, Closure, and
Coil Coating Operations (1/13/95)
Rule 1129—Aerosol Coatings (Adopted 3/8/
96)
Rule 1132—Further Control of VOC
Emissions from High-Emitting Spray
Booth Facilities (Amended 5/7/04)
Rule 1134—Emissions of Oxides of Nitrogen
from Stationary Gas Turbines (Adopted
8/8/97)
Rule 1136—Wood Products Coatings
(Adopted 6/14/96)
Rule 1137—PM10 Emission Reductions from
Woodworking Operations (Adopted 2/
01/02)
Rule 1140—Abrasive Blasting (Adopted 8/2/
85)
Rule 1142—Marine Tank Vessel Operations
(Adopted 7/19/91)
Rule 1146—Emissions of Oxides of Nitrogen
from Industrial, Institutional, and
Commercial Boilers, Steam Generators,
and Process Heaters (Adopted 11/17/00)
Rule 1146.1—Emission of Oxides of Nitrogen
from Small Industrial, Institutional, and
E:\FR\FM\01DEP1.SGM
01DEP1
Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Proposed Rules
Commercial Boilers, steam Generators,
and Process Heaters(Adopted 5/13/94)
Rule 1146.2—Emissions of Oxides of
Nitrogen from Large Water Heaters and
Small Boilers (Amended 1/17/05)
Rule 1148—Thermally Enhanced Oil
Recovery Wells (Adopted 11/5/82)
Rule 1149—Storage Tank Degassing
(Adopted 7/14/95)
Rule 1162—Polyester Resin Operations
(Amended 7/9/04)
Rule 1168—Adhesive and Sealant
Applications (Amended 1/7/05)
Rule 1171—Solvent Cleaning Operations
(Amended 5/6/05)
Rule 1173—Fugitive Emissions of Volatile
Organic Compounds (Adopted 12/06/02)
Rule 1176—VOC Emissions from Wastewater
Systems (Adopted 9/13/96)
Rule 1178—Further Reductions of VOC
Emissions from Storage Tanks at
Petroleum Facilities (Adopted 12/21/01)
Rule 1301—General (Adopted 12/7/95)
Rule 1302—Definitions (Adopted 12/06/02)
Rule 1303—Requirements (Adopted 12/06/
02)
Rule 1304—Exemptions (Adopted 6/14/96)
Rule 1306—Emission Calculations (Adopted
12/06/02)
Rule 1313—Permits to Operate (Adopted 12/
7/95)
Rule 1403—Asbestos Emissions from
Demolition/Renovation Activities
(Adopted 4/8/94)
Rule 1470—Requirements for Stationary
Diesel-Fueled Internal Combustion and
Other Compression Ignition Engines
(Adopted 3/4/05)
Rule 1605—Credits for the Voluntary Repair
of On-Road Vehicles Identified Through
Remote Sensing Devices (Adopted 10/
11/96)
Rule 1610—Old-Vehicle Scrapping (Adopted
2/12/99)
Rule 1612—Credits for Clean On-Road
Vehicles (Adopted 7/10/98)
Rule 1612.1—Mobile Source Credit
Generation Pilot Program (Adopted 3/16/
01)
Rule 1620—Credits for Clean Off-Road
Mobile Equipment (Adopted 7/10/98)
Rule 1701—General (Adopted 8/13/99)
Rule 1702—Definitions (Adopted 8/13/99)
Rule 1703—PSD Analysis (Adopted 10/7/88)
Rule 1704—Exemptions (Adopted 8/13/99)
Rule 1706—Emission Calculations (Adopted
8/13/99)
Rule 1713—Source Obligation (Adopted 10/
7/88)
Regulation XVII—Appendix (effective 1977)
Rule 1901—General Conformity (Adopted 9/
9/94)
Rule 2000—General (Amended 5/6/05)
Rule 2001—Applicability (Amended 5/6/05)
Rule 2002—Allocations for Oxides of
Nitrogen (NOX) and Oxides of Sulfur
(SOX) Emissions (Amended 1/7/05)
Rule 2004—Requirements (Adopted 5/11/01)
except (l)
Rule 2005—New Source Review for
RECLAIM (Amended 4/20/01) except (i)
Rule 2006—Permits (Adopted 5/11/01)
Rule 2007—Trading Requirements (Amended
5/6/05)
Rule 2008—Mobile Source Credits (Adopted
10/15/93)
VerDate Aug<31>2005
14:46 Nov 30, 2005
Jkt 208001
Rule 2009—Compliance Plan for Power
Producing Facilities (Adopted 1/7/05)
Rule 2010—Administrative Remedies and
Sanctions (Amended 1/7/05)
Rule 2011—Requirements for Monitoring,
Reporting, and Recordkeeping for Oxides
of Sulfur (SOX) Emissions (Amended 5/
6/05)
Appendix A Volume IV—(Protocol for oxides
of sulfur) (Adopted 5/6/05)
Rule 2012—Requirements for Monitoring,
Reporting, and Recordkeeping for Oxides
of Nitrogen (NOX) Emissions (Amended
5/6/05)
Appendix A Volume V—(Protocol for oxides
of nitrogen) (Adopted 5/6/05)
Rule 2015—Backstop Provisions (Amended
6/4/04) except (b)(1)(G) and (b)(3)(B)
Rule 2020—RECLAIM Reserve (Adopted 5/
11/01)
Rule 2100—Registration of Portable
Equipment (Adopted 7/11/97)
Rule 2506—Area Source Credits for NOX and
SOX (Adopted 12/10/99)
XXX—Title V Permits
Rule 3000—General (Adopted 11/14/97)
Rule 3001—Applicability (Adopted 11/14/
97)
Rule 3002—Requirements (Adopted 11/14/
97)
Rule 3003—Applications (Adopted 3/16/01)
Rule 3004—Permit Types and Content
(Adopted 12/12/97)
Rule 3005—Permit Revisions (Adopted 3/16/
01)
Rule 3006—Public Participation (Adopted
11/14/97)
Rule 3007—Effect of Permit (Adopted 10/8/
93)
Rule 3008—Potential To Emit Limitations (3/
16/01)
XXXI—Acid Rain Permit Program (Adopted
2/10/95)
*
*
*
*
*
[FR Doc. 05–23275 Filed 11–30–05; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 223
[I.D. 111805A]
Sea Turtle Requirements; Petition for
Rulemaking
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of decision on petition.
AGENCY:
SUMMARY: The National Marine
Fisheries Service (NMFS), National
Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce, announces its denial of a
petition for rulemaking submitted by
Oceana. Oceana failed to request
specific and discrete actions that are
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
72099
properly within the scope of a
rulemaking petition pursuant to the
Administrative Procedure Act (APA);
instead the petitioner challenged the
agency’s general pattern, practice, or
policy. NMFS is denying the petition
because the agency is already
addressing aspects of the petition and
has determined that additional
regulations dictating the choice of
method used to achieve agency goals are
unwarranted at this time.
FOR FURTHER INFORMATION CONTACT:
Barbara Schroeder (ph. 301–713–1401,
fax 301–713–0376, e-mail
barbara.schroeder@noaa.gov).
SUPPLEMENTARY INFORMATION:
Petition Request
On August 4, 2005, Oceana submitted
a petition requesting NMFS to
promulgate the following regulations:
(1) Conduct in-water population level
assessments. The petition requests that
NMFS use in-water survey techniques,
such as trawl or aerial surveys to obtain
supplemental population assessment
information for those species for which
nesting beach survey data are available
among other things, Oceana cites the
Turtle Expert Working Group (TEWG
2000) recommendations to improve
datasets and data-gathering methods in
order to support its petition;
(2) Increase observer coverage to
obtain accurate information on the
number of sea turtles caught in all
fisheries. The petition requests that
NMFS promulgate regulations that
increase coverage. The petition cites the
TEWG statement that observer coverage
over a statistically valid portion of the
fishing effort throughout the range of sea
turtles is necessary to accurately
estimate catch and mortality; and
(3) Establish a quantitative method for
determining take limits for biological
opinions. The petition claims that
NMFS fails to provide a quantitative
rationale for incidental take specified in
its biological opinions. The petition
mentions several NMFS’ evaluations of
quantitative models for sea turtles,
including the Potential Biological
Removal (PBR) model used for marine
mammals. Finally, the petition refers to
the August 2004 workshop convened by
NMFS to develop an analytical
framework for conducting jeopardy
analyses under the Endangered Species
Act (ESA) and identify options for
assessing species’ risk when data are
limited. The petition requests that
NMFS adopt regulations immediately to
insure that biological opinions use a
standardized method to make decisions.
E:\FR\FM\01DEP1.SGM
01DEP1
Agencies
[Federal Register Volume 70, Number 230 (Thursday, December 1, 2005)]
[Proposed Rules]
[Pages 72094-72099]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23275]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[OAR-2004-0091; FRL-8000-1]
Outer Continental Shelf Air Regulations Consistency Update for
California
AGENCY: Environmental Protection Agency (``EPA'').
ACTION: Proposed rule.
-----------------------------------------------------------------------
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 by the State of California and South Coast
Air Quality Management District (South Coast AQMD). The intended effect
of approving the OCS requirements for the State of California and South
Coast AQMD 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
January 3, 2006.
ADDRESSES: Submit comments, identified by docket number OAR-2004-0091,
by one of the following methods:
[[Page 72095]]
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 Web
site, eRulemaking portal or e-mail. The agency Web site 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 publicly available only at the hard copy location (e.g.,
copyrighted material), and some may not be publicly 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: Cynthia Allen, Air Division (Air-4),
U.S. EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105, (415)
947-4120, allen.cynthia@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background Information
A. Why Is EPA Taking This Action?
On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ which
established requirements to control air pollution from OCS sources in
order to attain and maintain federal and state ambient air quality
standards and to comply with the provisions of part C of title I of the
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
requirements submitted by the State of California and South Coast AQMD.
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 Requirements Were Submitted To Update 40 CFR Part 55?
1. After review of the requirements submitted by the State of
California against the criteria set forth above and in 40 CFR part 55,
EPA is proposing to make the following State of California requirements
applicable to OCS sources:
[[Page 72096]]
----------------------------------------------------------------------------------------------------------------
Adoption or
Requirement Name amended date
----------------------------------------------------------------------------------------------------------------
17 Sec. 93115.......................... Airborne Toxic Control Measure for Stationary 2/26/04
Compression Ignition Engines.
----------------------------------------------------------------------------------------------------------------
2. After review of the requirements submitted by the South Coast
AQMD against the criteria set forth above and in 40 CFR part 55, EPA is
proposing to make the following District requirements applicable to OCS
sources:
----------------------------------------------------------------------------------------------------------------
Adoption or
Rule Name amended date
----------------------------------------------------------------------------------------------------------------
102.................................... Definition of Terms................................ 12/3/04
201..................................... Permit to Construct................................ 12/3/04
201.1................................... Permit Conditions in Federally Issued Permits to 12/3/04
Construct.
202..................................... Temporary Permit to Operate........................ 12/3/04
203..................................... Permit to Operate.................................. 12/3/04
219..................................... Equipment Not Requiring a Written Permit Pursuant 12/3/04
to Regulation III.
301..................................... Permitting and Associated Fees (except (3) (7) 6/3/05
andTable IV).
304..................................... Equipment Materials, and Ambient Air Analyses...... 6/3/05
304.1................................... Analyses Fees...................................... 6/3/05
306..................................... Plans Fees......................................... 6/3/05
309..................................... Fees for Regulation XVI............................ 6/3/05
403..................................... Fugitive Dust...................................... 6/3/05
463..................................... Organic Liquid Storage............................. 5/6/05
1110.1.................................. Emissions from Stationary Internal 6/3/05
CombustionEngines.
1110.2.................................. Emissions from Gaseous- and Liquid-Fueled Engines.. 6/3/05
1113.................................... Architectural Coatings............................. 7/9/04
1121.................................... Control Of Nitrogen Oxides from Residential 9/3/05
Type,Natural Gas-Fired Water Heaters.
1122.................................... Solvent Degreasers................................. 10/1/04
1132.................................... Further Control of VOC Emissions from High 5/7/04
EmittingSpray Booth Facilities.
1146.2.................................. Emissions of Oxides of Nitrogen from Large 1/7/05
WaterHeaters and Small Boilers.
1162.................................... Polyester Resin Operations......................... 7/9/04
1168.................................... Adhesive and Sealant Applications.................. 1/7/05
1171.................................... Solvent Cleaning Operations........................ 5/6/05
2000.................................... General............................................ 5/6/05
2001.................................... Applicability...................................... 5/6/05
2002.................................... Allocations for Oxides of Nitrogen (NOX) and Oxides 1/7/05
of Sulfur (Sox).
2005.................................... New Source Review for RECLAIM (except (i))......... 5/6/05
2007.................................... Trading Requirements............................... 5/6/05
2009.................................... Compliance Plan for Power Producing Facilities..... 1/7/05
2010.................................... Administrative Remedies and Sanctions.............. 1/7/05
2011.................................... Requirements for Monitoring, Reporting, 5/6/05
andRecordkeeping for Oxides of Sulfur (Sox)
Emissions.
2012.................................... Requirements for Monitoring, Reporting, 5/6/05
andRecordkeeping for Oxides of Nitrogen Emissions.
2015.................................... Backstop Measures (except (b)(l)(G) and (b)(3)(B).. 6/4/04
1470.................................... Requirements for Stationary Diesel-Fueled 3/4/05
InternalCombustion and Other Compression Ignition.
----------------------------------------------------------------------------------------------------------------
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 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
[[Page 72097]]
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.
List of Subjects in 40 CFR Part 55
Environmental protection, Administrative practice and procedures,
Air pollution control, Hydrocarbons, Intergovernmental relations,
Nitrogen dioxide, Nitrogen oxides, Outer Continental Shelf, Ozone,
Particulate matter, Permits, Reporting and Recordkeeping requirements,
Sulfur oxides.
Dated: November 1, 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)(i)(A) and
(e)(3)(ii)(G) 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) * * *
(i) * * *
(A) State of California Requirements Applicable to OCS Sources.
(ii) * * *
(G) South Coast Air Quality Management District Requirements
Applicable to OCS Sources.
* * * * *
Appendix to Part 55--[Amended]
3. Appendix A to Part 55 is amended by revising paragraphs (a)(1)
and (b)(7) under the heading ``California'' to read as follows:
Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, by State
* * * * *
California
(a) State requirements.
[[Page 72098]]
(1) The following requirements are contained in State of
California Requirements applicable to OCS Sources:
Barclays California Code of Regulations
The following sections of Title 17 Subchapter 6:
17 Sec. 92000--Definitions (Adopted 5/31/91)
17 Sec. 92100--Scope and Policy (Adopted 5/31/91)
17 Sec. 92200--Visible Emission Standards (Adopted 5/31/91)
17 Sec. 92210--Nuisance Prohibition (Adopted 5/31/91)
17 Sec. 92220--Compliance with Performance Standards (Adopted 5/31/
91)
17 Sec. 92400--Visible Evaluation Techniques (Adopted 5/31/91)
17 Sec. 92500--General Provisions (Adopted 5/31/91)
17 Sec. 92510--Pavement Marking (Adopted 5/31/91)
17 Sec. 92520--Stucco and Concrete (Adopted 5/31/91)
17 Sec. 92530--Certified Abrasive (Adopted 5/31/91)
17 Sec. 92540--Stucco and Concrete (Adopted 5/31/91)
17 Sec. 93115--Airborne Toxic Control Measure for Stationary
Compression Ignition Engines (Adopted 2/26/04)
Health and Safety Code
The following section of Division 26, Part 4, Chapter 4, Article
1:
Health and Safety Code Sec. 42301.13 of seq. Stationary
sources: demolition or removal (chaptered 7/25/96)
(b) Local requirements.
* * * * *
(7) The following requirements are contained in South Coast Air
Quality Management District Requirements Applicable to OCS Sources
(Part I, II and III), February 2005:
Rule 102--Definition of Terms (Amended 12/3/04)
Rule 103--Definition of Geographical Areas (Adopted 1/9/76)
Rule 104--Reporting of Source Test Data and Analyses (Adopted 1/9/
76)
Rule 108--Alternative Emission Control Plans (Adopted 4/6/90)
Rule 109--Recordkeeping for Volatile Organic Compound Emissions
(Adopted 8/18/00)
Rule 112--Definition of Minor Violation and Guidelines for Issuance
of Notice to Comply (Adopted 11/13/98)
Rule 118--Emergencies (Adopted 12/7/95)
Rule 201--Permit to Construct (Amended 12/3/04)
Rule 201.1--Permit Conditions in Federally Issued Permits to
Construct (Amended 12/3/04)
Rule 202--Temporary Permit to Operate (Amended 12/3/04)
Rule 203--Permit to Operate (Amended 12/3/04)
Rule 204--Permit Conditions (Adopted 3/6/92)
Rule 205--Expiration of Permits to Construct (Adopted 1/5/90)
Rule 206--Posting of Permit to Operate (Adopted 1/5/90)
Rule 207--Altering or Falsifying of Permit (Adopted 1/9/76)
Rule 208--Permit and Burn Authorization for Open Burning (amended
12/21/01)
Rule 209--Transfer and Voiding of Permits (Adopted 1/5/90)
Rule 210--Applications (Adopted 1/5/90)
Rule 212--Standards for Approving Permits (Adopted 12/7/95) except
(c)(3) and (e)
Rule 214--Denial of Permits (Adopted 1/5/90)
Rule 217--Provisions for Sampling and Testing Facilities (Adopted 1/
5/90)
Rule 218--Continuous Emission Monitoring (Adopted 5/14/99)
Rule 218.1--Continuous Emission Monitoring Performance
Specifications (Adopted 5/14/99)
Rule 218.1--Attachment A--Supplemental and Alternative CEMS
Performance Requirements (Adopted 5/14/99)
Rule 219--Equipment Not Requiring a Written Permit Pursuant to
Regulation II (Amended 12/3/04)
Rule 220--Exemption--Net Increase in Emissions (Adopted 8/7/81)
Rule 221--Plans (Adopted 1/4/85)
Rule 301--Permitting and Associated Fees (Amended 6/3/05) except
(e)(7)and Table IV
Rule 304--Equipment, Materials, and Ambient Air Analyses (Amended 6/
3/05)
Rule 304.1--Analyses Fees (Amended 6/3/05)
Rule 305--Fees for Acid Deposition (Adopted 10/4/91)
Rule 306--Plan Fees (Amended 6/3/05)
Rule 309--Fees for Regulation XVI Plans (Amended 6/3/05)
Rule 401--Visible Emissions (Adopted 11/9/01)
Rule 403--Fugitive Dust (Amended 6/3/05)
Rule 404--Particulate Matter--Concentration (Adopted 2/7/86)
Rule 405--Solid Particulate Matter--Weight (Adopted 2/7/86)
Rule 407--Liquid and Gaseous Air Contaminants (Adopted 4/2/82)
Rule 408--Circumvention (Adopted 5/7/76)
Rule 409--Combustion Contaminants (Adopted 8/7/81)
Rule 429--Start-Up and Shutdown Provisions for Oxides of Nitrogen
(Adopted 12/21/90)
Rule 430--Breakdown Provisions, (a) and (e) only (Adopted 7/12/96)
Rule 431.1--Sulfur Content of Gaseous Fuels (Adopted 6/12/98)
Rule 431.2--Sulfur Content of Liquid Fuels (Adopted 9/15/00)
Rule 431.3--Sulfur Content of Fossil Fuels (Adopted 5/7/76)
Rule 441--Research Operations (Adopted 5/7/76)
Rule 442--Usage of Solvents (Adopted 12/15/00)
Rule 444--Open Burning (Adopted 12/21/01)
Rule 463--Organic Liquid Storage (Adopted 5/6/05)
Rule 465--Vacuum Producing Devices or Systems (Adopted 8/13/99)
Rule 468--Sulfur Recovery Units (Amended 10/8/76)
Rule 473--Disposal of Solid and Liquid Wastes (Adopted 5/7/76)
Rule 474--Fuel Burning Equipment--Oxides of Nitrogen (Adopted 12/4/
81)
Rule 475--Electric Power Generating Equipment (Adopted 8/7/78)
Rule 476--Steam Generating Equipment (Adopted 10/8/76)
Rule 480--Natural Gas Fired Control Devices (Adopted 10/7/
77)Addendum to Regulation IV (Effective 1977)
Rule 518--Variance Procedures for Title V Facilities (Adopted 8/11/
95)
Rule 518.1--Permit Appeal Procedures for Title V Facilities (Adopted
8/11/95)
Rule 518.2--Federal Alternative Operating Conditions (Adopted 12/21/
01)
Rule 701--Air Pollution Emergency Contingency Actions (Adopted 6/13/
97)
Rule 702--Definitions (Adopted 7/11/80)
Rule 708--Plans (Rescinded 9/8/95)
Regulation IX--New Source Performance Standards (Adopted 5/11/01)
Regulation X--National Emission Standards for Hazardous Air
Pollutants (NESHAPS) (Adopted 5/11/01)
Rule 1105.1--Reduction of PM 10 and Ammonia Emissions
From Fluid Catalytic Crackling Units (Adopted 11/7/03)
Rule 1106--Marine Coatings Operations (Adopted 1/13/95)
Rule 1107--Coating of Metal Parts and Products (Adopted 11/9/01)
Rule 1109--Emissions of Oxides of Nitrogen for Boilers and Process
Heaters in Petroleum Refineries (Adopted 8/5/88)
Rule 1110--Emissions from Stationary Internal Combustion Engines
(Demonstration) (Adopted 11/14/97)
Rule 1110.1--Emissions from Stationary Internal Combustion Engines
(Amended 6/3/05)
Rule 1110.2--Emissions from Gaseous- and Liquid Fueled Internal
Combustion Engines (Amended 6/3/05)
Rule 1113--Architectural Coatings (Amended 7/9/04)
Rule 1116.1--Lightering Vessel Operations--Sulfur Content of Bunker
Fuel (Adopted 10/20/78)
Rule 1121--Control of Nitrogen Oxides from Residential--Type Natural
Gas--Fired Water Heaters (Amended 9/3/04)
Rule 1122--Solvent Degreasers (Amended 10/1/04)
Rule 1123--Refinery Process Turnarounds (Adopted 12/7/90)
Rule 1125--Metal Containers, Closure, and Coil Coating Operations
(1/13/95)
Rule 1129--Aerosol Coatings (Adopted 3/8/96)
Rule 1132--Further Control of VOC Emissions from High-Emitting Spray
Booth Facilities (Amended 5/7/04)
Rule 1134--Emissions of Oxides of Nitrogen from Stationary Gas
Turbines (Adopted 8/8/97)
Rule 1136--Wood Products Coatings (Adopted 6/14/96)
Rule 1137--PM10 Emission Reductions from Woodworking
Operations (Adopted 2/01/02)
Rule 1140--Abrasive Blasting (Adopted 8/2/85)
Rule 1142--Marine Tank Vessel Operations (Adopted 7/19/91)
Rule 1146--Emissions of Oxides of Nitrogen from Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters (Adopted 11/17/00)
Rule 1146.1--Emission of Oxides of Nitrogen from Small Industrial,
Institutional, and
[[Page 72099]]
Commercial Boilers, steam Generators, and Process Heaters(Adopted 5/
13/94)
Rule 1146.2--Emissions of Oxides of Nitrogen from Large Water
Heaters and Small Boilers (Amended 1/17/05)
Rule 1148--Thermally Enhanced Oil Recovery Wells (Adopted 11/5/82)
Rule 1149--Storage Tank Degassing (Adopted 7/14/95)
Rule 1162--Polyester Resin Operations (Amended 7/9/04)
Rule 1168--Adhesive and Sealant Applications (Amended 1/7/05)
Rule 1171--Solvent Cleaning Operations (Amended 5/6/05)
Rule 1173--Fugitive Emissions of Volatile Organic Compounds (Adopted
12/06/02)
Rule 1176--VOC Emissions from Wastewater Systems (Adopted 9/13/96)
Rule 1178--Further Reductions of VOC Emissions from Storage Tanks at
Petroleum Facilities (Adopted 12/21/01)
Rule 1301--General (Adopted 12/7/95)
Rule 1302--Definitions (Adopted 12/06/02)
Rule 1303--Requirements (Adopted 12/06/02)
Rule 1304--Exemptions (Adopted 6/14/96)
Rule 1306--Emission Calculations (Adopted 12/06/02)
Rule 1313--Permits to Operate (Adopted 12/7/95)
Rule 1403--Asbestos Emissions from Demolition/Renovation Activities
(Adopted 4/8/94)
Rule 1470--Requirements for Stationary Diesel-Fueled Internal
Combustion and Other Compression Ignition Engines (Adopted 3/4/05)
Rule 1605--Credits for the Voluntary Repair of On-Road Vehicles
Identified Through Remote Sensing Devices (Adopted 10/11/96)
Rule 1610--Old-Vehicle Scrapping (Adopted 2/12/99)
Rule 1612--Credits for Clean On-Road Vehicles (Adopted 7/10/98)
Rule 1612.1--Mobile Source Credit Generation Pilot Program (Adopted
3/16/01)
Rule 1620--Credits for Clean Off-Road Mobile Equipment (Adopted 7/
10/98)
Rule 1701--General (Adopted 8/13/99)
Rule 1702--Definitions (Adopted 8/13/99)
Rule 1703--PSD Analysis (Adopted 10/7/88)
Rule 1704--Exemptions (Adopted 8/13/99)
Rule 1706--Emission Calculations (Adopted 8/13/99)
Rule 1713--Source Obligation (Adopted 10/7/88)
Regulation XVII--Appendix (effective 1977)
Rule 1901--General Conformity (Adopted 9/9/94)
Rule 2000--General (Amended 5/6/05)
Rule 2001--Applicability (Amended 5/6/05)
Rule 2002--Allocations for Oxides of Nitrogen (NOX) and
Oxides of Sulfur (SOX) Emissions (Amended 1/7/05)
Rule 2004--Requirements (Adopted 5/11/01) except (l)
Rule 2005--New Source Review for RECLAIM (Amended 4/20/01) except
(i)
Rule 2006--Permits (Adopted 5/11/01)
Rule 2007--Trading Requirements (Amended 5/6/05)
Rule 2008--Mobile Source Credits (Adopted 10/15/93)
Rule 2009--Compliance Plan for Power Producing Facilities (Adopted
1/7/05)
Rule 2010--Administrative Remedies and Sanctions (Amended 1/7/05)
Rule 2011--Requirements for Monitoring, Reporting, and Recordkeeping
for Oxides of Sulfur (SOX) Emissions (Amended 5/6/05)
Appendix A Volume IV--(Protocol for oxides of sulfur) (Adopted 5/6/
05)
Rule 2012--Requirements for Monitoring, Reporting, and Recordkeeping
for Oxides of Nitrogen (NOX) Emissions (Amended 5/6/05)
Appendix A Volume V--(Protocol for oxides of nitrogen) (Adopted 5/6/
05)
Rule 2015--Backstop Provisions (Amended 6/4/04) except (b)(1)(G) and
(b)(3)(B)
Rule 2020--RECLAIM Reserve (Adopted 5/11/01)
Rule 2100--Registration of Portable Equipment (Adopted 7/11/97)
Rule 2506--Area Source Credits for NOX and SOX
(Adopted 12/10/99)
XXX--Title V Permits
Rule 3000--General (Adopted 11/14/97)
Rule 3001--Applicability (Adopted 11/14/97)
Rule 3002--Requirements (Adopted 11/14/97)
Rule 3003--Applications (Adopted 3/16/01)
Rule 3004--Permit Types and Content (Adopted 12/12/97)
Rule 3005--Permit Revisions (Adopted 3/16/01)
Rule 3006--Public Participation (Adopted 11/14/97)
Rule 3007--Effect of Permit (Adopted 10/8/93)
Rule 3008--Potential To Emit Limitations (3/16/01)
XXXI--Acid Rain Permit Program (Adopted 2/10/95)
* * * * *
[FR Doc. 05-23275 Filed 11-30-05; 8:45 am]
BILLING CODE 6560-50-P