Outer Continental Shelf Air Regulations Consistency Update for California, 30320-30324 [E7-10457]
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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will be withdrawn and all public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
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[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:
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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
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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.
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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.
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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
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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).
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(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
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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.
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C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to conduct
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements unless the
agency certifies that the rule will not
have a significant economic impact on
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
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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,
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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
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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.
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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
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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:
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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
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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]
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