Outer Continental Shelf Air Regulations Consistency Update for California, 30320-30324 [E7-10457]

Download as PDF 30320 Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Proposed Rules 66101. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8 to 4:30, excluding legal holidays. Please see the direct final rule which is located in the Rules section of this Federal Register for detailed instructions on how to submit comments. FOR FURTHER INFORMATION CONTACT: Heather Hamilton at (913) 551–7039, or by e-mail at Hamilton.heather@epa.gov. SUPPLEMENTARY INFORMATION: In the final rules section of the Federal Register, EPA is approving the state’s SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial revision amendment and anticipates no relevant adverse comments to this action. A description of the rule and a detailed rationale for the approval is set forth in the direct final rule. If no relevant adverse comments are received in response to this action, no further activity is contemplated in relation to this action. If EPA receives relevant adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed action. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on part of this rule and if that part can be severed from the remainder of the rule, EPA may adopt as final those parts of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the rules section of this Federal Register. Dated: May 14, 2007. John B. Askew, Regional Administrator, Region 7. [FR Doc. E7–10493 Filed 5–30–07; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 55 cprice-sewell on PRODPC61 with PROPOSALS [OAR–2004–0091; FRL–8320–6] Outer Continental Shelf Air Regulations Consistency Update for California Environmental Protection Agency (‘‘EPA’’). ACTION: Proposed rule—Consistency Update. AGENCY: VerDate Aug<31>2005 14:53 May 30, 2007 Jkt 211001 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 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 July 2, 2007. ADDRESSES: Submit comments, identified by docket number OAR– 2004–0091, by one of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions. 2. E-mail: steckel.andrew@epa.gov. 3. 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 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 www.regulations.gov or e-mail. 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. Electronic files should avoid the use of special characters, any form of PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 encryption, and be free of any defects or viruses. Docket: The index to the docket for this action is available electronically at 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: Table of Contents I. Background Information Why is EPA taking this action? II. EPA’s Evaluation A. What criteria were used to evaluate rules submitted to update 40 CFR part 55? B. What requirements were submitted to update 40 CFR part 55? III. Administrative Requirements A. Executive Order 12866: Regulatory Planning and Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Coordination With Indian Tribal Government G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act I. Background Information 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 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. E:\FR\FM\31MYP1.SGM 31MYP1 Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Proposed Rules 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 July 31, 2006, November 16, 2006, and January 8, 2007. 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. cprice-sewell on PRODPC61 with PROPOSALS 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 VerDate Aug<31>2005 14:53 May 30, 2007 Jkt 211001 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: Adoption or amended Date Rule # Name 23 ....... Exemptions From Permit. New Source Review—Definitions. Federal Major Modifications. Part 70 Permits— General. Part 70 Permits— Definitions. Part 70 Permits— Permit Content. Permits Fees ............ Wood Product Coatings. 26.1 .... 26.12 .. 33 ....... 33.1 .... 33.3 .... 42 ....... 74.30 .. 09/12/06 11/14/06 06/27/06 09/12/06 09/12/06 09/12/06 04/11/06 06/27/06 III. Administrative Requirements A. Executive Order 12866: Regulatory Planning and Review Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the Agency must determine whether the regulatory action is ‘‘significant’’ and therefore subject to Office of Management and Budget (‘‘OMB’’) review and the requirements of the Executive Order. The Order defines ‘‘significant regulatory action’’ as one that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; 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). PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 30321 (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in the Executive Order. This action is not a ‘‘significant regulatory action’’ under the terms of Executive Order 12866 and is therefore not subject to OMB Review. These rules implement requirements specifically and explicitly set forth by the Congress in section 328 of the Clean Air Act, without the exercise of any policy discretion by EPA. These OCS rules already apply in the COA, and EPA has no evidence to suggest that these OCS rules have created an adverse material effect. As required by section 328 of the Clean Air Act, this action simply updates the existing OCS requirements to make them consistent with rules in the COA. B. Paperwork Reduction Act The OMB has approved the information collection requirements contained in 40 CFR part 55, and by extension this update to the rules, under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control number 2060–0249. Notice of OMB’s approval of EPA Information Collection Request (‘‘ICR’’) No. 1601.06 was published in the Federal Register on March 1, 2006 (71 FR 10499–10500). The approval expires January 31, 2009. As EPA previously indicated (70 FR 65897– 65898 (November 1, 2005)), the annual public reporting and recordkeeping burden for collection of information under 40 CFR part 55 is estimated to average 549 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information E:\FR\FM\31MYP1.SGM 31MYP1 30322 Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Proposed Rules unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations in 40 CFR are listed in 40 CFR part 9 and are identified on the form and/or instrument, if applicable. In addition, EPA is amending the table in 40 CFR part 9 of currently approved OMB control numbers for various regulations to list the regulatory citations for the information requirements contained in this final rule. cprice-sewell on PRODPC61 with PROPOSALS 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. These rules will not have a significant economic impact on a substantial number of small entities. These rules implement requirements specifically and explicitly set forth by the Congress in section 328 of the Clean Air Act, without the exercise of any policy discretion by EPA. These OCS rules already apply in the COA, and EPA has no evidence to suggest that these OCS rules have had a significant economic impact on a substantial number of small entities. As required by section 328 of the Clean Air Act, this action simply updates the existing OCS requirements to make them consistent with rules in the COA. Therefore, I certify that this action will not have a significant economic impact on a substantial number of small entities. D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (‘‘UMRA’’), Public Law 104–4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare written statement, including a cost-benefit analysis, for proposed and final rules with ‘‘Federal mandates’’ that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million of more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective or least burdensome VerDate Aug<31>2005 14:53 May 30, 2007 Jkt 211001 alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. Today’s proposed rules contain no Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, local, or tribal governments or the private sector that may result in expenditures of $100 million or more for State, local, or tribal governments, in the aggregate, or to the private sector in any one year. These rules implement requirements specifically and explicitly set forth by the Congress in section 328 of the Clean Air Act without the exercise of any policy discretion by EPA. These OCS rules already apply in the COA, and EPA has no evidence to suggest that these OCS rules have created an adverse material effect. As required by section 328 of the Clean Air Act, this action simply updates the existing OCS requirements to make them consistent with rules in the COA. E. Executive Order 13132, Federalism Executive Orders 13132, entitled ‘‘Federalism’’ (64 FR 43255 (August 10, 1999)), 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.’’ This proposed rule does not have federalism implications. It will not have substantial direct effects on the States, PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 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. These rules implement requirements specifically and explicitly set forth by the Congress in section 328 of the Clean Air Act, without the exercise of any policy discretion by EPA. As required by section 328 of the Clean Air Act, this rule simply updates the existing OCS rules to make them consistent with current COA requirements. These rules do not amend the existing provisions within 40 CFR part 55 enabling delegation of OCS regulations to a COA, and this rule does not require the COA to implement the OCS rules. Thus, Executive Order 13132 does not apply to this rule. In the spirit of Executive Order 13132, and consistent with EPA policy to promote communications between EPA and state and local governments, EPA specifically solicits comments on this proposed rule from State and local officials. 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 rule does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes or on the distribution of power and responsibilities between the Federal government and Indian tribes and thus does not have ‘‘tribal implications,’’ within the meaning of Executive Order 13175. This rule implements requirements specifically and explicitly set forth by the Congress in section 328 of the Clean Air Act, without the exercise of any policy discretion by EPA. As required by section 328 of the Clean Air Act, this rule simply updates the existing OCS rules to make them consistent with current COA requirements. In addition, this rule does not impose substantial direct compliance costs on tribal governments, nor preempt tribal law. Consultation with Indian tribes is therefore not required under Executive Order 13175. Nonetheless, in the spirit of Executive Order 13175 and consistent with EPA policy to promote communications between EPA and tribes, EPA specifically solicits E:\FR\FM\31MYP1.SGM 31MYP1 30323 Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Proposed Rules comments on this proposed rule from tribal officials. G. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks Executive Order 13045: ‘‘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 proposed rule is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866. In addition, the Agency does not have reason to believe the environmental health or safety risks addressed by this action present a disproportional risk to children. cprice-sewell on PRODPC61 with PROPOSALS H. Executive Order 13211, Actions That Significantly Affect Energy Supply, Distribution, or Use This proposed 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(d) of the National Technology Transfer and Advancement Act of 1995 (‘‘NTTAA’’), Public Law No. 104–113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable laws or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decided not to use available and applicable voluntary consensus standards. As discussed above, these rules implement requirements specifically VerDate Aug<31>2005 14:53 May 30, 2007 Jkt 211001 and explicitly set forth by the Congress in section 328 of the Clean Air Act, without the exercise of any policy discretion by EPA. As required by section 328 of the Clean Air Act, this rule simply updates the existing OCS rules to make them consistent with current COA requirements. In the absence of a prior existing requirement for the state to use voluntary consensus standards and in light of the fact that EPA is required to make the OCS rules consistent with current COA requirements, it would be inconsistent with applicable law for EPA to use voluntary consensus standards in this action. Therefore, EPA is not considering the use of any voluntary consensus standards. EPA welcomes comments on this aspect of the proposed rulemaking and, specifically, invites the public to identify potentially-applicable voluntary consensus standards and to explain why such standards should be used in this regulation. List of Subjects in 40 CFR Part 55 Environmental protection, Administrative practice and procedures, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. Dated: May 10, 2007. 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 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 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: PO 00000 Frm 00024 Fmt 4702 Sfmt 4700 Appendix A to 40 CFR 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 9/12/06) 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 11/14/06) 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 26.12 Federal Major Modifications (Adopted 6/27/06) 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 9/12/06) Rule 33.1 Part 70—Permits—Definitions (Adopted 9/12/06) Rule 33.2 Part 70—Permits—Application Contents (Adopted 4/10/01) Rule 33.3 Part 70—Permits—Permit Content (Adopted 9/12/06) E:\FR\FM\31MYP1.SGM 31MYP1 cprice-sewell on PRODPC61 with PROPOSALS 30324 Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Proposed Rules Rule 33.4 Part 70—Permits—Operational Flexibility (Adopted 4/10/01) Rule 33.5 Part 70—Permits—Time frames for Applications, Review and Issuance (Adopted 10/12/93) Rule 33.6 Part 70—Permits—Permit Term and Permit Reissuance (Adopted 10/12/93) Rule 33.7 Part 70—Permits—Notification (Adopted 4/10/01) Rule 33.8 Part 70—Permits—Reopening of Permits (Adopted 10/12/93) Rule 33.9 Part 70—Permits—Compliance Provisions (Adopted 4/10/01) Rule 33.10 Part 70—Permits—General Part 70—Permits (Adopted 10/12/93) Rule 34 Acid Deposition Control (Adopted 3/14/95) Rule 35 Elective Emission Limits (Adopted 11/12/96) Rule 36 New Source Review—Hazardous Air Pollutants (Adopted 10/6/98) Rule 42 Permit Fees (Adopted 4/11/06) 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) VerDate Aug<31>2005 14:53 May 30, 2007 Jkt 211001 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 6/27/06) Rule 75 Circumvention (Adopted 11/27/78) Rule 101 Sampling and Testing Facilities (Adopted 5/23/72) Rule 102 Source Tests (Adopted 4/13/04) Rule 103 Continuous Monitoring Systems (Adopted 2/9/99) Rule 154 Stage 1 Episode Actions (Adopted 9/17/91) Rule 155 Stage 2 Episode Actions (Adopted 9/17/91) Rule 156 Stage 3 Episode Actions (Adopted 9/17/91) Rule 158 Source Abatement Plans (Adopted 9/17/91) Rule 159 Traffic Abatement Procedures (Adopted 9/17/91) Rule 220 General Conformity (Adopted 5/9/ 95) Rule 230 Notice to Comply (Adopted 11/9/ 99) * * * * * [FR Doc. E7–10457 Filed 5–30–07; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 Federal Motor Vehicle Safety Standards; Denial of Petition for Rulemaking National Highway Traffic Safety Administration (NHTSA), DOT. ACTION: Denial of petition for rulemaking. AGENCY: SUMMARY: This document responds to a petition for rulemaking regarding the Federal motor vehicle safety standard on lighting. Mr. Richard Fairall petitioned the agency to amend the standard to incorporate performance requirements for a ‘‘stroboscopic lighting system’’ that can be installed on the front and rear of a motorcycle as a collision avoidance system. NHTSA is denying this petition because the petitioner did not demonstrate or provide any quantitative data showing that implementation of his recommended lighting system would result in a reduction of death and injury to motorcyclists or other motorists. However, notwithstanding the absence of detailed safety data in Mr. Fairall’s submission, because NHTSA has a continued interest in identifying potential countermeasures to reduce motorcycle crashes, the agency conducted a preliminary evaluation of the petitioner’s recommended auxiliary ‘‘stroboscopic lighting system.’’ The preliminary evaluation did not persuade NHTSA that the stroboscopic lighting system would result in fewer motorcycle crashes. FOR FURTHER INFORMATION CONTACT: Kenneth O. Hardie, Office of Crash Avoidance Standards, NHTSA, 400 Seventh Street, SW., Washington, DC 20590, telephone (202)–366–6987, facsimile (202)–493–2739. SUPPLEMENTARY INFORMATION: Background Mr. Richard ‘‘Scott’’ Fairall petitioned NHTSA to amend Federal motor vehicle safety standard (FMVSS) No. 108 to incorporate performance requirements for a flashing front and rear motorcycle collision avoidance lighting system. Mr. Fairall devised an auxiliary ‘‘stroboscopic lighting system’’ for motorcycles to be used by the motorcyclist with the intent of reducing the incidences of other motorists violating the right-of-way of motorcyclists. The rider of the motorcycle would activate and E:\FR\FM\31MYP1.SGM 31MYP1

Agencies

[Federal Register Volume 72, Number 104 (Thursday, May 31, 2007)]
[Proposed Rules]
[Pages 30320-30324]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10457]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[OAR-2004-0091; FRL-8320-6]


Outer Continental Shelf Air Regulations Consistency Update for 
California

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

ACTION: Proposed rule--Consistency Update.

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

SUMMARY: EPA is proposing to update a portion of the Outer Continental 
Shelf (``OCS'') Air Regulations. Requirements applying to OCS sources 
located within 25 miles of States' seaward boundaries must be updated 
periodically to remain consistent with the requirements of the 
corresponding onshore area (``COA''), as mandated by section 328(a)(1) 
of the Clean Air Act, as amended in 1990 (``the Act''). The portion of 
the OCS air regulations that is being updated pertains to the 
requirements for OCS sources 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 July 2, 2007.

ADDRESSES: Submit comments, identified by docket number OAR-2004-0091, 
by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. E-mail: steckel.andrew@epa.gov.
    3. 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 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 www.regulations.gov or e-mail. 
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. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses.
    Docket: The index to the docket for this action is available 
electronically at 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:

Table of Contents

I. Background Information
    Why is EPA taking this action?
II. EPA's Evaluation
    A. What criteria were used to evaluate rules submitted to update 
40 CFR part 55?
    B. What requirements were submitted to update 40 CFR part 55?
III. Administrative Requirements
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Coordination With Indian Tribal 
Government
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act

I. Background Information

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

[[Page 30321]]

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 Ventura County APCD July 31, 2006, 
November 16, 2006, and January 8, 2007. 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:

------------------------------------------------------------------------
                                                             Adoption or
           Rule                      Name             amended
                                                                 Date
------------------------------------------------------------------------
23.................................  Exemptions From Permit     09/12/06
26.1...............................  New Source Review--        11/14/06
                                      Definitions.
26.12..............................  Federal Major              06/27/06
                                      Modifications.
33.................................  Part 70 Permits--          09/12/06
                                      General.
33.1...............................  Part 70 Permits--          09/12/06
                                      Definitions.
33.3...............................  Part 70 Permits--          09/12/06
                                      Permit Content.
42.................................  Permits Fees..........     04/11/06
74.30..............................  Wood Product Coatings.     06/27/06
------------------------------------------------------------------------

III. Administrative Requirements

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to Office of Management and Budget (``OMB'') 
review and the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:

    (1) Have an annual effect on the economy of $100 million or more 
or adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with 
an action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, 
grants, user fees, or loan programs or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 and is therefore not subject to OMB 
Review. These rules implement requirements specifically and explicitly 
set forth by the Congress in section 328 of the Clean Air Act, without 
the exercise of any policy discretion by EPA. These OCS rules already 
apply in the COA, and EPA has no evidence to suggest that these OCS 
rules have created an adverse material effect. As required by section 
328 of the Clean Air Act, this action simply updates the existing OCS 
requirements to make them consistent with rules in the COA.

B. Paperwork Reduction Act

    The OMB has approved the information collection requirements 
contained in 40 CFR part 55, and by extension this update to the rules, 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq. and has assigned OMB control number 2060-0249. Notice of OMB's 
approval of EPA Information Collection Request (``ICR'') No. 1601.06 
was published in the Federal Register on March 1, 2006 (71 FR 10499-
10500). The approval expires January 31, 2009. As EPA previously 
indicated (70 FR 65897-65898 (November 1, 2005)), the annual public 
reporting and recordkeeping burden for collection of information under 
40 CFR part 55 is estimated to average 549 hours per response. Burden 
means the total time, effort, or financial resources expended by 
persons to generate, maintain, retain, or disclose or provide 
information to or for a Federal agency. This includes the time needed 
to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information

[[Page 30322]]

unless it displays a currently valid OMB control number. The OMB 
control numbers for EPA's regulations in 40 CFR are listed in 40 CFR 
part 9 and are identified on the form and/or instrument, if applicable. 
In addition, EPA is amending the table in 40 CFR part 9 of currently 
approved OMB control numbers for various regulations to list the 
regulatory citations for the information requirements contained in this 
final rule.

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.
    These rules will not have a significant economic impact on a 
substantial number of small entities. These rules implement 
requirements specifically and explicitly set forth by the Congress in 
section 328 of the Clean Air Act, without the exercise of any policy 
discretion by EPA. These OCS rules already apply in the COA, and EPA 
has no evidence to suggest that these OCS rules have had a significant 
economic impact on a substantial number of small entities. As required 
by section 328 of the Clean Air Act, this action simply updates the 
existing OCS requirements to make them consistent with rules in the 
COA. Therefore, I certify that this action will not have a significant 
economic impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA''), 
Public Law 104-4, establishes requirements for Federal agencies to 
assess the effects of their regulatory actions on State, local, and 
tribal governments and the private sector. Under section 202 of the 
UMRA, EPA generally must prepare written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local, and tribal 
governments, in the aggregate, or to the private sector, of $100 
million of more in any one year.
    Before promulgating an EPA rule for which a written statement is 
needed, section 205 of the UMRA generally requires EPA to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, most cost-effective or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted.
    Before EPA establishes any regulatory requirements that may 
significantly or uniquely affect small governments, including tribal 
governments, it must have developed under section 203 of the UMRA a 
small government agency plan. The plan must provide for notifying 
potentially affected small governments, enabling officials of affected 
small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements. 
Today's proposed rules contain no Federal mandates (under the 
regulatory provisions of Title II of the UMRA) for State, local, or 
tribal governments or the private sector that may result in 
expenditures of $100 million or more for State, local, or tribal 
governments, in the aggregate, or to the private sector in any one 
year. These rules implement requirements specifically and explicitly 
set forth by the Congress in section 328 of the Clean Air Act without 
the exercise of any policy discretion by EPA. These OCS rules already 
apply in the COA, and EPA has no evidence to suggest that these OCS 
rules have created an adverse material effect. As required by section 
328 of the Clean Air Act, this action simply updates the existing OCS 
requirements to make them consistent with rules in the COA.

E. Executive Order 13132, Federalism

    Executive Orders 13132, entitled ``Federalism'' (64 FR 43255 
(August 10, 1999)), 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.''
    This proposed rule does not have federalism implications. It 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. These rules implement 
requirements specifically and explicitly set forth by the Congress in 
section 328 of the Clean Air Act, without the exercise of any policy 
discretion by EPA. As required by section 328 of the Clean Air Act, 
this rule simply updates the existing OCS rules to make them consistent 
with current COA requirements. These rules do not amend the existing 
provisions within 40 CFR part 55 enabling delegation of OCS regulations 
to a COA, and this rule does not require the COA to implement the OCS 
rules. Thus, Executive Order 13132 does not apply to this rule.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and state and local 
governments, EPA specifically solicits comments on this proposed rule 
from State and local officials.

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 rule does not have a 
substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes and thus does not have ``tribal 
implications,'' within the meaning of Executive Order 13175. This rule 
implements requirements specifically and explicitly set forth by the 
Congress in section 328 of the Clean Air Act, without the exercise of 
any policy discretion by EPA. As required by section 328 of the Clean 
Air Act, this rule simply updates the existing OCS rules to make them 
consistent with current COA requirements. In addition, this rule does 
not impose substantial direct compliance costs on tribal governments, 
nor preempt tribal law. Consultation with Indian tribes is therefore 
not required under Executive Order 13175. Nonetheless, in the spirit of 
Executive Order 13175 and consistent with EPA policy to promote 
communications between EPA and tribes, EPA specifically solicits

[[Page 30323]]

comments on this proposed rule from tribal officials.

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

    Executive Order 13045: ``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 proposed rule is not subject to Executive Order 13045 because 
it is not economically significant as defined in Executive Order 12866. 
In addition, the Agency does not have reason to believe the 
environmental health or safety risks addressed by this action present a 
disproportional risk to children.

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

    This proposed 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(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law No. 104-113, 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable laws or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decided 
not to use available and applicable voluntary consensus standards.
    As discussed above, these rules implement requirements specifically 
and explicitly set forth by the Congress in section 328 of the Clean 
Air Act, without the exercise of any policy discretion by EPA. As 
required by section 328 of the Clean Air Act, this rule simply updates 
the existing OCS rules to make them consistent with current COA 
requirements. In the absence of a prior existing requirement for the 
state to use voluntary consensus standards and in light of the fact 
that EPA is required to make the OCS rules consistent with current COA 
requirements, it would be inconsistent with applicable law for EPA to 
use voluntary consensus standards in this action. Therefore, EPA is not 
considering the use of any voluntary consensus standards. EPA welcomes 
comments on this aspect of the proposed rulemaking and, specifically, 
invites the public to identify potentially-applicable voluntary 
consensus standards and to explain why such standards should be used in 
this regulation.

List of Subjects in 40 CFR Part 55

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: May 10, 2007.
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 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 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 40 CFR 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 9/12/06)
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 11/14/06)
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 26.12 Federal Major Modifications (Adopted 6/27/06)
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 9/12/06)
Rule 33.1 Part 70--Permits--Definitions (Adopted 9/12/06)
Rule 33.2 Part 70--Permits--Application Contents (Adopted 4/10/01)
Rule 33.3 Part 70--Permits--Permit Content (Adopted 9/12/06)

[[Page 30324]]

Rule 33.4 Part 70--Permits--Operational Flexibility (Adopted 4/10/
01)
Rule 33.5 Part 70--Permits--Time frames for Applications, Review and 
Issuance (Adopted 10/12/93)
Rule 33.6 Part 70--Permits--Permit Term and Permit Reissuance 
(Adopted 10/12/93)
Rule 33.7 Part 70--Permits--Notification (Adopted 4/10/01)
Rule 33.8 Part 70--Permits--Reopening of Permits (Adopted 10/12/93)
Rule 33.9 Part 70--Permits--Compliance Provisions (Adopted 4/10/01)
Rule 33.10 Part 70--Permits--General Part 70--Permits (Adopted 10/
12/93)
Rule 34 Acid Deposition Control (Adopted 3/14/95)
Rule 35 Elective Emission Limits (Adopted 11/12/96)
Rule 36 New Source Review--Hazardous Air Pollutants (Adopted 10/6/
98)
Rule 42 Permit Fees (Adopted 4/11/06)
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 6/27/06)
Rule 75 Circumvention (Adopted 11/27/78)
Rule 101 Sampling and Testing Facilities (Adopted 5/23/72)
Rule 102 Source Tests (Adopted 4/13/04)
Rule 103 Continuous Monitoring Systems (Adopted 2/9/99)
Rule 154 Stage 1 Episode Actions (Adopted 9/17/91)
Rule 155 Stage 2 Episode Actions (Adopted 9/17/91)
Rule 156 Stage 3 Episode Actions (Adopted 9/17/91)
Rule 158 Source Abatement Plans (Adopted 9/17/91)
Rule 159 Traffic Abatement Procedures (Adopted 9/17/91)
Rule 220 General Conformity (Adopted 5/9/95)
Rule 230 Notice to Comply (Adopted 11/9/99)
* * * * *
[FR Doc. E7-10457 Filed 5-30-07; 8:45 am]
BILLING CODE 6560-50-P
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