Outer Continental Shelf Air Regulations Consistency Update for California, 47758-47763 [E6-13620]
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Federal Register / Vol. 71, No. 160 / Friday, August 18, 2006 / Proposed Rules
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Alaska Native and Native HawaiianServing Institutions, and other
institutions with a substantial
enrollment of needy students as defined
in Title III of the HEA; Two-year public
institutions of higher education; Fouryear public institutions of higher
education; Private, non-profit
institutions of higher education; Private,
for-profit institutions of higher
education; Guaranty agencies and
guaranty agency servicers (including
collection agencies); Lenders, secondary
markets, and loan servicers; and
Accrediting Agencies.
In addition to these groups, the
Department would like the following
groups to be represented on the
negotiating committee for the ACG and
National SMART Grant program:
K–12 public schools, including
charter schools; Governors; Private
schools and home schooled students;
Registrars; Admissions officers; Parent
organizations; and Organizations related
to National SMART Grant majors.
While an individual selected to
represent a constituency may be a
representative of a group, institution, or
industry participant, the individual will
be expected to represent the interests of
the entire constituency on the
committee and to confer with other
individuals and representatives of
groups within that constituency.
Nominations should include:
• The name of the nominee, the
organization he or she works for, if any,
and a description of the interests that he
or she represents;
• Evidence of support from
individuals or groups of the
constituency that he or she will
represent;
• The nominee’s commitment that he
or she will actively participate in good
faith in the development of the
proposed regulations; and
• The nominee’s contact information,
including address, phone number, fax
number, and e-mail address.
Schedule for Negotiations
We anticipate that the negotiating
committees will meet in the
Washington, DC, area three times
beginning in December 2006 and
concluding no later than March 2007.
The dates and locations of these
meetings will be published in a
subsequent notice in the Federal
Register, as well as being posted on the
Department’s Web site at: https://
www.ed.gov/policy/highered/reg/
hearulemaking/2006/index2006.html.
We will post the schedule for
negotiations on our Web site. Each
committee will use electronic mail to
exchange documents and discuss
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proposals between meetings. The
schedule will allow sufficient time for
us to provide the public with a 60-day
comment period for the proposed
regulations resulting from the negotiated
rulemaking process and sufficient time
to address any issues raised in the
comment period, while meeting the
November 1 statutory deadline for
publishing student financial assistance
final regulations.
Regional Hearings
We will hold four public regional
hearings for interested parties to discuss
the agenda for the negotiated
rulemaking sessions. These hearings
will be held on:
• September 19, 2006, at the
University of California-Berkeley in
Berkeley, California;
• October 5, 2006, at the Loyola
University in Chicago, Illinois;
• November 2, 2006, at the Royal
Pacific Hotel Conference Center in
Orlando, Florida; and
• November 8, 2006, at the U.S.
Department of Education in
Washington, DC.
The regional hearings will be held
from 9 a.m.–4 p.m. local time.
Individuals desiring to present
comments at the hearings are
encouraged to do so. It is likely that
each participant choosing to make a
statement will be limited to five
minutes. Individuals interested in
making oral statements will be able to
sign up to make a statement beginning
at 8:30 a.m. on the day of the hearing
at the Department’s regional hearing onsite registration table on a first-come,
first-served basis. If additional time slots
remain, individuals may be given
additional time to speak. If no time slots
remain, the Department has reserved
one additional hour at the end of the
day for people who were not able to
register to speak. The amount of time
available will depend upon the number
of individuals who request reservations.
Speakers may also submit written
comments.
In addition, for anyone unable to
attend any of the regional hearings, the
Department will also accept written
comments. You should send your
comments to: Wendy Macias, U.S.
Department of Education, P.O. Box
33184, Washington, DC 20033–3184. All
comments must be received by
November 9, 2006.
The regional hearing sites are
accessible to individuals with
disabilities. Persons needing an
auxiliary aid or service to participate in
the meeting (e.g., interpreting service,
assistive listening device, or materials in
alternative format), should notify the
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contact person for information about
meetings listed under FOR FURTHER
INFORMATION CONTACT in this notice in
advance of the scheduled meeting date.
Although we will attempt to meet any
request we receive, we may not be able
to make available the requested
auxiliary aid or service because of
insufficient time to arrange it. Further
information on the regional hearing sites
is available on https://www.ed.gov/
policy/highered/reg/hearulemaking/
2006/index2006.html.
Electronic Access to This Document
You may view this document, in text
or Adobe Portable Document Format
(PDF) on the Internet at the following
site: https://www.ed.gov/news/
fedregister.
To use PDF you must have Adobe
Acrobat Reader, which is available free
at this site. If you have questions about
using PDF, call the U.S. Government
Printing Office toll free at 1–888–293–
6498; or in the Washington, DC area at
(202) 512–1530.
Note: The official version of this document
is the document published in the Federal
Register. Free Internet access to the official
edition of the Federal Register and the Code
of Federal Regulations is available on GPO
Access at: https://www.gpoaccess.gov/nara/
index.html.
Program Authority: 20 U.S.C. 1098a.
Dated: August 15, 2006.
James F. Manning,
Acting Assistant Secretary for Postsecondary
Education.
[FR Doc. E6–13642 Filed 8–17–06; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 55
[OAR–2004–0091; FRL–8211–3]
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
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Federal Register / Vol. 71, No. 160 / Friday, August 18, 2006 / Proposed Rules
Act’’). The portion of the OCS air
regulations that is being updated
pertains to the requirements for OCS
sources by the Ventura County Air
Pollution Control District (Ventura
County APCD). The intended effect of
approving the OCS requirements for the
Ventura County APCD 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: Any comments must arrive by
September 18, 2006.
ADDRESSES: Submit comments,
identified by docket number OAR–
2004–0091, by one of the following
methods: Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions.
1. E-mail: steckel.andrew@epa.gov.
2. 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 without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through https://
www.regulations.gov or e-mail. https://
www.regulations.gov is an ‘‘anonymous
access’’ system, 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://www.regulations.gov 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
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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.
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 Ventura
County APCD. 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
1 The reader may refer to the Notice of Proposed
Rulemaking, December 5, 1991 (56 FR 63774), and
the preamble to the final promulgated September 4,
1992 (57 FR 40792) for further background and
information on the OCS regulation.
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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 Ventura County APCD
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:
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).
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Adoption or
amended date
Rule No.
Name
11 ..............................................................
26 ..............................................................
26.1 ...........................................................
26.2 ...........................................................
26.3 ...........................................................
26.6 ...........................................................
29 ..............................................................
Definitions for Regulation II ..........................................................................................
New Source Review—General ....................................................................................
New Source Review—Definitions ................................................................................
New Source Review—Requirements ...........................................................................
New Source Review—Exemptions ..............................................................................
New Source Review—Calculations .............................................................................
Conditions on Permits ..................................................................................................
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.’’
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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
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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.
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.
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
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.
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F. Executive Order 13175, Coordination
With Indian Tribal Governments
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
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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.
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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
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26.2 ..............................
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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, Continental shelf,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides.
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 paragraph (e)(3)(ii)(H) to read as
follows:
§ 55.14 Requirements that apply to OCS
sources located within 25 miles of States’
seaward boundaries, by State.
*
*
*
*
*
(e) * * *
(3) * * *
(ii) * * *
(H) Ventura County Air Pollution
Control District Requirements
Applicable to OCS Sources.
*
*
*
*
*
Appendix A to Part 55—[Amended]
3. Appendix A to part 55 is amended
by revising paragraph (b)(8) under the
heading ‘‘California’’ to read as follows:
Dated: July 28, 2006.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Appendix A to Part 55—Listing of State
and Local Requirements Incorporated
by Reference Into Part 55, by State
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:
*
*
*
*
*
*
*
California
*
*
(b) * * *
(8) The following requirements are
contained in Ventura County Air Pollution
Control District Requirements Applicable to
OCS Sources:
Definitions (Adopted 4/13/04).
Effective Date (Adopted 4/13/04).
Severability (Adopted 11/21/78).
Zone Boundaries (Adopted 6/14/77).
Permits Required (Adopted 4/13/04).
Definition for Regulation II (Adopted 3/14/06).
Application for Permits (Adopted 6/13/95).
Action on Applications for an Authority to Construct (Adopted 6/13/95).
Action on Applications for a Permit to Operate (Adopted 6/13/95).
Sampling and Testing Facilities (Adopted 10/12/93).
BACT Certification (Adopted 6/13/95).
Posting of Permits (Adopted 5/23/72).
Transfer of Permit (Adopted 5/23/72).
Exemptions from Permits (Revised 4/13/04).
Source Recordkeeping, Reporting, and Emission Statements (Adopted 9/15/92).
New Source Review (Adopted 3/14/06).
New Source Review—Definitions (Adopted 3/14/06).
New Source Review—Requirements (Adopted 3/14/06).
New Source Review—Exemptions (Adopted 3/14/06).
New Source Review—Calculations (Adopted 3/14/06).
New Source Review—Permit To Operate (Adopted 10/22/91).
New Source Review—PSD (Adopted 1/13/98).
New Source Review—ERC Evaluation At Time of Use (Adopted 5/14/02).
Revocation of Permits (Adopted 7/18/72).
Conditions on Permits (Adopted 3/14/06).
Permit Renewal (Adopted 4/13/04).
Breakdown Conditions: Emergency Variances, A., B.1., and D. only. (Adopted 2/20/79).
Part 70 Permits—General (Adopted 10/12/93).
Part 70 Permits—Definitions (Adopted 4/10/01).
Part 70 Permits—Application Contents (Adopted 4/10/01).
Part 70 Permits—Permit Content (Adopted 4/10/01).
Part 70 Permits—Operational Flexibility (Adopted 4/10/01).
Part 70 Permits—Time frames for Applications, Review and Issuance (Adopted 10/12/93).
Part 70 Permits—Permit Term and Permit Reissuance (Adopted 10/12/93).
Part 70 Permits—Notification (Adopted 4/10/01).
Part 70 Permits—Reopening of Permits (Adopted 10/12/93).
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52 .................................
53 .................................
54 .................................
56 .................................
57 .................................
57.1 ..............................
62.7 ..............................
63 .................................
64 .................................
67 .................................
68 .................................
71 .................................
71.1 ..............................
71.2 ..............................
71.3 ..............................
71.4 ..............................
71.5 ..............................
72 .................................
73 .................................
74 .................................
74.1 ..............................
74.2 ..............................
74.6 ..............................
74.6.1 ...........................
74.7 ..............................
Rule 74.8 ..............................
Rule 74.9 ..............................
Rule 74.10 ............................
rwilkins on PROD1PC63 with PROPOSAL
Rule
Rule
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Rule
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Rule
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74.11 ............................
74.11.1 .........................
74.12 ............................
74.15 ............................
74.15.1 .........................
74.16 ............................
74.20 ............................
74.23 ............................
74.24 ............................
74.24.1 .........................
74.26 ............................
74.27 ............................
74.28 ............................
74.30 ............................
75 .................................
101 ...............................
102 ...............................
103 ...............................
154 ...............................
155 ...............................
156 ...............................
158 ...............................
159 ...............................
220 ...............................
230 ...............................
VerDate Aug<31>2005
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Part 70 Permits—Compliance Provisions (Adopted 4/10/01).
Part 70 Permits—General Rule 70 Permits (Adopted 10/12/93).
Acid Deposition Control (Adopted 3/14/95).
Elective Emission Limits (Adopted 11/12/96).
New Source Review—Hazardous Air Pollutants (Adopted 10/6/98).
Permit Fees (Adopted 4/12/05).
Exemption Evaluation Fee (Adopted 9/10/96).
Plan Fees (Adopted 6/19/90).
Asbestos Removal Fees (Adopted 8/4/92).
Source Test, Emission Monitor, and Call-Back Fees (Adopted 6/22/99).
Opacity (Adopted 4/13/04).
Particulate Matter-Concentration (Adopted 4/13/04).
Particulate Matter-Process Weight (Adopted 4/13/04).
Sulfur Compounds (Adopted 6/14/94).
Open Burning (Revised 11/11/03).
Incinerators (Adopted 1/11/05).
Particulate Matter Emissions From Fuel Burning Equipment (Adopted 1/11/05).
Asbestos—Demolition and Renovation (Adopted 6/16/92).
Separation and Combination of Emissions (Adopted 11/21/78).
Sulfur Content of Fuels (Adopted 4/13/99).
Vacuum Producing Devices (Adopted 7/5/83).
Carbon Monoxide (Adopted 4/13/04).
Crude Oil and Reactive Organic Compound Liquids (Adopted 12/13/94).
Crude Oil Production and Separation (Adopted 6/16/92).
Storage of Reactive Organic Compound Liquids (Adopted 9/26/89).
Transfer of Reactive Organic Compound Liquids (Adopted 6/16/92).
Petroleum Sumps, Pits, Ponds, and Well Cellars (Adopted 6/8/93).
Glycol Dehydrators (Adopted 12/13/94).
New Source Performance Standards (NSPS). (Adopted 9/13/05).
National Emission Standards for Hazardous Air Pollutants (NESHAPS). (Adopted 9/13/05).
Specific Source Standards (Adopted 7/6/76).
Abrasive Blasting (Adopted 11/12/91).
Architectural Coatings (Adopted 11/13/01).
Surface Cleaning and Degreasing (Revised 11/11/03—effective 7/1/04).
Batch Loaded Vapor Degreasers (Adopted 11/11/03—effective 7/1/04).
Fugitive Emissions of Reactive Organic Compounds at Petroleum Refineries and Chemical Plants (Adopted
10/10/95).
Refinery Vacuum Producing Systems, Waste-water Separators and Process Turnarounds (Adopted 7/5/83).
Stationary Internal Combustion Engines (Adopted 11/8/05).
Components at Crude Oil Production Facilities and Natural Gas Production and Processing Facilities (Adopted 3/10/98).
Natural Gas-Fired Residential Water Heaters Control of NOX (Adopted 4/9/85).
Large Water Heaters and Small Boilers (Adopted 9/14/99).
Surface Coating of Metal Parts and Products (Adopted 11/11/03).
Boilers, Steam Generators and Process Heaters (Adopted 11/8/94).
Boilers, Steam Generators and Process Heaters (Adopted 6/13/00).
Oil Field Drilling Operations (Adopted 1/8/91).
Adhesives and Sealants (Adopted 1/11/05).
Stationary Gas Turbines (Adopted 1/08/02).
Marine Coating Operations (Revised 11/11/03).
Pleasure Craft Coating and Commercial Boatyard Operations (Adopted 1/08/02).
Crude Oil Storage Tank Degassing Operations (Adopted 11/8/94).
Gasoline and ROC Liquid Storage Tank Degassing Operations (Adopted 11/8/94).
Asphalt Roofing Operations (Adopted 5/10/94).
Wood Products Coatings (Revised 11/11/03).
Circumvention (Adopted 11/27/78).
Sampling and Testing Facilities (Adopted 5/23/72).
Source Tests (Adopted 4/13/04).
Continuous Monitoring Systems (Adopted 2/9/99).
Stage 1 Episode Actions (Adopted 9/17/91).
Stage 2 Episode Actions (Adopted 9/17/91).
Stage 3 Episode Actions (Adopted 9/17/91).
Source Abatement Plans (Adopted 9/17/91).
Traffic Abatement Procedures (Adopted 9/17/91).
General Conformity (Adopted 5/9/95).
Notice to Comply (Adopted 11/9/99).
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Federal Register / Vol. 71, No. 160 / Friday, August 18, 2006 / Proposed Rules
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[FR Doc. E6–13620 Filed 8–17–06; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
43 CFR Part 415
RIN 1006–AA50
Regulating Non-Contract Use of
Colorado River Water in the Lower
Basin
Bureau of Reclamation,
Interior.
ACTION: Advance notice of proposed
rulemaking.
AGENCY:
rwilkins on PROD1PC63 with PROPOSAL
SUMMARY: The Bureau of Reclamation
(Reclamation) is providing advance
notice and is seeking public input on its
plans to develop a rule to address and
reduce the use of Colorado River water
in the lower Colorado River basin
(Lower Basin) without a contract (NonContract Use). Reclamation believes that
development of such a rule would help
prevent Non-Contract Use from
depleting the Colorado River and taking
water from holders of Colorado River
water entitlements. Reclamation intends
that any rule would establish the
procedure that Reclamation would
follow in making determinations of
potential Non-Contract Use including
notice and administrative appeal
procedures for those entities whose use
of Colorado River water falls within the
category of Non-Contract use.
DATES: Submit comments regarding
whether a rule is needed and, what
should be in any rule that is developed,
to Reclamation at the address below on
or before October 17, 2006.
ADDRESSES: You may submit comments
identified by the number 1006–AA50,
by any of the following methods:
—Federal rulemaking portal https://
www.regulations.gov. Follow the
instructions for submitting comments.
—E-mail: proposedrule@lc.usbr.gov.
—Fax: (702) 293–8042, attention: Ms.
Margot Selig.
—Mail: Regional Director, Lower
Colorado Region, Attention: Ms.
Margot Selig, Bureau of Reclamation,
P.O. Box 61470, Boulder City, NV
89006.
Ms.
Margot Selig, telephone (702) 293–8192,
or e-mail at proposedrule@lc.usbr.gov.
SUPPLEMENTARY INFORMATION: This
section provides the public with
information as to why Reclamation
FOR FURTHER INFORMATION CONTACT:
VerDate Aug<31>2005
18:38 Aug 17, 2006
Jkt 208001
currently believes development of a
Non-Contract use rule is appropriate at
this time.
Legal System For Use of Colorado
River Water in the Lower Basin: The
Colorado River is a primary source of
water for irrigation, municipal, and
industrial uses in the Lower Basin
within Arizona, California, and Nevada
(the Lower Division States). Colorado
River water is stored behind Hoover
Dam, authorized by the Boulder Canyon
Project Act of 1928 (BCPA), for delivery
and beneficial use in the United States.
In addition, water stored by Hoover
Dam is released pursuant to the United
States’ 1944 Treaty with Mexico
addressing use of the Colorado, Rio
Grande, and Tijuana Rivers.
The BCPA requires any person in the
United States using this water to have
a contract for such water with the
Secretary of the Interior (Secretary). The
Regional Director of Reclamation’s
Lower Colorado Region (Regional
Director) enters into water delivery
contracts with water users in Arizona,
California, and Nevada on behalf of the
Secretary. A valid water delivery
contract constitutes an authorization by
the Secretary, or an entitlement, to
divert and consume Colorado River
water in the Lower Basin. In addition to
water delivery contracts, other
entitlements to use Colorado River
water are based on a United States
Supreme Court Decree in Arizona v.
California (Supreme Court Decree) or
federal reservations of water. An
entitlement to use Colorado River water
(Entitlement) specifies how much water
may be used, the purpose for which the
water may be used, and where the use
may occur. Reclamation considers any
diversion or consumptive use of
Colorado River water without a contract
or other form of Entitlement to be a
Non-Contract Use.
The Supreme Court Decree requires
Reclamation to account for all mainstem
Colorado River water use in the Lower
Basin. Pursuant to this requirement,
Reclamation prepares and maintains
complete, detailed, and accurate records
of all known diversions, return flow,
and consumptive use of Colorado River
water in the Lower Basin on an annual
basis. These accounting records include
all diversions and use of Colorado River
water in Arizona, California, and
Nevada, whether or not currently
authorized by a water delivery contract
or other form of Entitlement. All
reported Colorado River water use in a
state—whether authorized by an
entitlement or not—is required by the
Supreme Court Decree to be accounted
for against the amount of Colorado River
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47763
water available in that state during that
year.
Technical Issues Anticipated To Be
Addressed by Rule: As part of the
anticipated rule, Reclamation
anticipates identifying technical
considerations that Reclamation would
use to determine if a particular entity is
using Colorado River water.
Reclamation’s current assessment of the
situation on the Colorado River is that
most Non-Contract Use consists of water
withdrawn from wells located within
the hydraulically-connected aquifer of
the Colorado River (River Aquifer) or
from river pumps. The Supreme Court
Decree specified that the consumptive
use of Colorado River water in the
Lower Basin includes water drawn from
the mainstream by underground
pumping.
At Reclamation’s request the United
States Geological Survey (USGS) has
developed a technical method to
identify wells that pump water that is
replaced by Colorado River water. The
method is based on the existence of a
River Aquifer and an accounting surface
within the River Aquifer. The
accounting surface extends outward
from the exterior boundary of the
Colorado River floodplain until
encountering a geologic barrier to
groundwater flow. Several thousand
wells are located within the River
Aquifer. The USGS is performing a well
inventory within the boundary of the
River Aquifer to identify wells and river
pumps that can potentially divert water
that would be replaced by Colorado
River water. As part of the anticipated
rule, Reclamation would utilize this
accounting surface to define the area
within which Reclamation would apply
the USGS method to determine whether
water withdrawn from a well is replaced
with Colorado River water. Reclamation
would also evaluate whether unique
hydrologic circumstances in some areas
along the Colorado River would merit
an exception to the USGS methodology.
Need for Rule To Regulate NonContract Use of Colorado River Water in
the Lower Basin: Reclamation’s goal in
its management of the lower Colorado
River is to ensure that all Colorado River
water use is covered by an Entitlement
and correctly accounted for within each
Lower Division State’s apportionment.
Because each Lower Division State’s
apportionment of Colorado River water
is a limited amount, Non-Contract Use
harms that state’s Entitlement holders
by taking water the Entitlement holders
otherwise could legally use. This fact
leads Reclamation to conclude that the
proposed rulemaking is necessary and
appropriate. Reclamation believes that
development of the proposed rule is
E:\FR\FM\18AUP1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 160 (Friday, August 18, 2006)]
[Proposed Rules]
[Pages 47758-47763]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13620]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[OAR-2004-0091; FRL-8211-3]
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
[[Page 47759]]
Act''). The portion of the OCS air regulations that is being updated
pertains to the requirements for OCS sources by the Ventura County Air
Pollution Control District (Ventura County APCD). The intended effect
of approving the OCS requirements for the Ventura County APCD 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: Any comments must arrive by September 18, 2006.
ADDRESSES: Submit comments, identified by docket number OAR-2004-0091,
by one of the following methods: Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line instructions.
1. E-mail: steckel.andrew@epa.gov.
2. 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
without change and may be made available online at https://
www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through https://
www.regulations.gov or e-mail. https://www.regulations.gov is an
``anonymous access'' system, 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://www.regulations.gov 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
promulgated September 4, 1992 (57 FR 40792) for further background
and information on the OCS regulation.
---------------------------------------------------------------------------
Pursuant to Sec. 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. 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 Ventura County APCD. 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 Ventura County
APCD 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:
[[Page 47760]]
------------------------------------------------------------------------
Adoption or
Rule No. Name amended date
------------------------------------------------------------------------
11............................. Definitions for 03/14/06
Regulation II.
26............................. New Source Review-- 03/14/06
General.
26.1........................... New Source Review-- 03/14/06
Definitions.
26.2........................... New Source Review-- 03/14/06
Requirements.
26.3........................... New Source Review-- 03/14/06
Exemptions.
26.6........................... New Source Review-- 03/14/06
Calculations.
29............................. Conditions on Permits.. 03/14/06
------------------------------------------------------------------------
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 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
[[Page 47761]]
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, Continental shelf, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: July 28, 2006.
Alexis Strauss,
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 paragraph (e)(3)(ii)(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) * * *
(H) Ventura County Air Pollution Control District Requirements
Applicable to OCS Sources.
* * * * *
Appendix A to Part 55--[Amended]
3. Appendix A to part 55 is amended by revising paragraph (b)(8)
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
* * * * *
(b) * * *
(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 3/
14/06).
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 4/13/
04).
Rule 24...................... Source Recordkeeping, Reporting, and
Emission Statements (Adopted 9/15/92).
Rule 26...................... New Source Review (Adopted 3/14/06).
Rule 26.1.................... New Source Review--Definitions (Adopted 3/
14/06).
Rule 26.2.................... New Source Review--Requirements (Adopted
3/14/06).
Rule 26.3.................... New Source Review--Exemptions (Adopted 3/
14/06).
Rule 26.6.................... New Source Review--Calculations (Adopted
3/14/06).
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 3/14/06).
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).
[[Page 47762]]
Rule 33.9.................... Part 70 Permits--Compliance Provisions
(Adopted 4/10/01).
Rule 33.10................... Part 70 Permits--General Rule 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 4/12/05).
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...................... Incinerators (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 9/13/05).
Rule 73...................... National Emission Standards for Hazardous
Air Pollutants (NESHAPS). (Adopted 9/13/
05).
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 11/8/05).
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).
[[Page 47763]]
* * * * *
[FR Doc. E6-13620 Filed 8-17-06; 8:45 am]
BILLING CODE 6560-50-P
