Outer Continental Shelf Air Regulations; Consistency Update for California, 59947-59951 [E7-20139]
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Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Rules and Regulations
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 165.T01–145 to
read as follows:
I
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§ 165.T–01–145 Safety Zone: Army Corps
Underwater Rock Demolition, Boston
Harbor, Boston, MA.
(a) Location. The following areas are
safety zones: (1) All navigable waters of
the Fore River and Boston Harbor, from
surface to bottom, within a four
hundred (400) yard radius around the
blasting and dredging sites located in
Boston Harbor at approximate positions:
42°20′05.5″ N, 070°59′53.9″ W, eastsoutheast of Castle Island; 42°20′19.0″
N, 070°58′46.5″ W, President Roads
Anchorage; 42°21′15.80″ N,
070°55′51.95″ W, North Channel; and
42°22′03.70″ N, 070°55′18.83″ W, North
Channel, while blasting operations are
occurring. (2) All navigable waters
within a one hundred (100) yard radius
of the motor vessel EMILY ROSE while
it is loading, transporting and unloading
explosives.
(b) Effective Date. This rule is
effective from 12:01 a.m. on October 5,
2007 until 11:59 p.m. on December 31,
2007.
(c) Definitions. The following
definition applies to this section:
Designated representative, means any
commissioned, warrant, and petty
officers of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary,
and local, state, and federal law
enforcement vessels who have been
authorized to act on the behalf of the
Captain of the Port, Boston Harbor.
(d) Regulations. (1) The general
regulations contained in 33 CFR
§ 165.23 apply.
(2) In accordance with the general
regulations in section 165.23 of this
part, entry into or movement within this
zone by any person or vessel is
prohibited unless authorized by the
Captain of the Port (COTP), Boston or
the COTP’s designated representative.
(3) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or the COTP’s
designated representative.
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or the COTP’s
designated representative to obtain
permission by calling the Sector Boston
Command Center at 617–223–5761 or
via VHF channel 16. Vessel operators
given permission to enter or operate in
the safety zone must comply with all
directions given to them by the COTP or
the COTP’s designated representative.
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(e) Enforcement period. This section
will be enforced only during daylight
hours where blasting operations are
being conducted and when the vessel
EMILY ROSE is loading, transporting or
unloading explosives.
Dated: October 4, 2007.
Gail P. Kulisch,
Captain, U.S. Coast Guard, Captain of the
Port, Boston, Massachusetts.
[FR Doc. E7–20780 Filed 10–22–07; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 55
[OAR–2004–0091; FRL–8479–6]
Outer Continental Shelf Air
Regulations; Consistency Update for
California
Environmental Protection
Agency (‘‘EPA’’).
ACTION: Final rule—consistency update.
AGENCY:
SUMMARY: EPA is finalizing the updates
of the Outer Continental Shelf (‘‘OCS’’)
Air Regulations proposed in the Federal
Register on March 23, 2006, August 18,
2006 and May 31, 2007. 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 Amendments of 1990
(‘‘the Act’’). The portions of the OCS air
regulations that are being updated
pertain to the requirements for OCS
sources for which the Ventura County
Air Pollution Control District is the
designated COA. The intended effect of
approving the requirements contained
in ‘‘Ventura County Air Pollution
Control District Requirements
Applicable to OCS Sources’’ (September
2007) is to regulate emissions from OCS
sources in accordance with the
requirements onshore.
DATES: Effective Date: This rule is
effective on November 23, 2007.
The incorporation by reference of
certain publications listed in this rule is
approved by the Director of the Federal
Register as of November 23, 2007.
ADDRESSES: EPA has established docket
number OAR–2004–0091 for this action.
The index to the docket 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
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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, U.S. EPA
Region IX, (415) 947–4120,
allen.cynthia@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Public Comment
III. EPA Action
IV. 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 Governments
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
J. Congressional Review Act
K. Petitions for Judicial Review
I. Background
Throughout this document, the terms
‘‘we’’, ‘‘us’’, and ‘‘our’’ refer to U.S.
EPA.
On March 23, 2006 (71 FR 14662),
August 18, 2006 (71 FR 47758) and May
31, 2007 (72 FR 30320), EPA proposed
to approve requirements into the OCS
Air Regulations pertaining to Ventura
County APCD. These requirements are
being promulgated in response to the
submittal of rules from this California
air pollution control agency. EPA has
evaluated the proposed requirements 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 that they
are not arbitrary or capricious. 40 CFR
55.12(e). In addition, EPA has excluded
administrative or procedural rules.
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
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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. Public Comments
EPA’s proposed actions provided 30day public comment periods. During
these periods, we received no comments
on the proposed actions.
III. EPA Action
In this document, EPA takes final
action to incorporate the proposed
changes into 40 CFR part 55. No
changes were made to the proposed
actions. EPA is approving the proposed
actions under section 328(a)(1) of the
Act, 42 U.S.C. 7627. 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.
IV. Administrative Requirements
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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;
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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. 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. 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.
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An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
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.
This rule will not have a significant
economic impact on a substantial
number of small entities. 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. 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
or more in any one year.
Before promulgating an EPA rule for
which a written statement is needed,
section 205 of the UMRA generally
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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 final rule contains 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. 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. 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.
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E. Executive Order 13132, Federalism
Executive Order 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
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power and responsibilities among the
various levels of government.’’
This final 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. 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. This rule
does 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.
F. Executive Order 13175, Coordination
With Indian Tribal Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249 (November 9, 2000)), requires
EPA to develop an accountable process
to ensure ‘‘meaningful and timely input
by tribal officials in the development of
regulatory policies that have tribal
implications.’’ This final rule does not
have 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.
G. Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks
Executive Order 13045: ‘‘Protection of
Children from Environmental Health
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59949
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 final 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 final 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, 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
final rule simply updates the existing
OCS rules to make them consistent with
current COA requirements. In the
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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.
J. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). This action
will be effective November 23, 2007.
K. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air, petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 24, 2007. Filing a
petition for reconsideration by the
Administrator of this final action does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
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List of Subjects in 40 CFR Part 55
Environmental protection,
Administrative practice and procedures,
Air pollution control, Hydrocarbons,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Nitrogen oxides, Outer
Continental Shelf, Ozone, Particulate
matter, Permits, Reporting and
recordkeeping requirements, Sulfur
oxides.
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Dated: September 20, 2007.
Wayne Nastri,
Regional Administrator, Region IX.
Title 40 of the Code of Federal
Regulations, part 55, is to be amended
as follows:
I
PART 55—[AMENDED]
1. The authority citation for part 55
continues to read as follows:
I
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:
I
§ 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, September
2007.
*
*
*
*
*
I 3. Appendix A to CFR Part 55 is
amended by revising paragraph (b)(8)
under the heading ‘‘California’’ to read
as follows:
Appendix A to Part 55—Listing of State
and Local Requirements Incorporated
by Reference Into Part 55, by State
*
*
*
*
*
*
*
*
California
(a) * * *
(b) * * *
*
*
(8) The following requirements are
contained in Ventura County Air Pollution
Control District Requirements Applicable to
OCS Sources, September 2007:
Rule 2 Definitions (Adopted 04/13/04)
Rule 5 Effective Date (Adopted 04/13/04)
Rule 6 Severability (Adopted 11/21/78)
Rule 7 Zone Boundaries (Adopted 06/14/
77)
Rule 10 Permits Required (Adopted 04/13/
04)
Rule 11 Definition for Regulation II
(Adopted 03/14/06)
Rule 12 Applications for Permits (Adopted
06/13/95)
Rule 13 Action on Applications for an
Authority to Construct (Adopted 06/13/95)
Rule 14 Action on Applications for a Permit
to Operate (Adopted 06/13/95)
Rule 15.1 Sampling and Testing Facilities
(Adopted 10/12/93)
Rule 16 BACT Certification (Adopted 06/
13/95)
Rule 19 Posting of Permits (Adopted 05/23/
72)
Rule 20 Transfer of Permit (Adopted 05/23/
72)
Rule 23 Exemptions from Permits (Adopted
09/12/06)
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Rule 24 Source Recordkeeping, Reporting,
and Emission Statements (Adopted 09/15/
92)
Rule 26 New Source Review—General
(Adopted 03/14/06)
Rule 26.1 New Source Review—Definitions
(Adopted 11/14/06)
Rule 26.2 New Source Review—
Requirements (Adopted 05/14/02)
Rule 26.3 New Source Review—Exemptions
(Adopted 03/14/06)
Rule 26.6 New Source Review—
Calculations (Adopted 03/14/06)
Rule 26.8 New Source Review—Permit To
Operate (Adopted 10/22/91)
Rule 26.10 New Source Review—PSD
(Adopted 01/13/98)
Rule 26.11 New Source Review—ERC
Evaluation At Time of Use (Adopted 05/
14/02)
Rule 26.12 Federal Major Modifications
(Adopted 06/27/06)
Rule 28 Revocation of Permits (Adopted 07/
18/72)
Rule 29 Conditions on Permits (Adopted
03/14/06)
Rule 30 Permit Renewal (Adopted 04/13/
04)
Rule 32 Breakdown Conditions: Emergency
Variances, A., B.1., and D. only. (Adopted
02/20/79)
Rule 33 Part 70 Permits—General (Adopted
09/12/06)
Rule 33.1 Part 70 Permits—Definitions
(Adopted 09/12/06)
Rule 33.2 Part 70 Permits—Application
Contents (Adopted 04/10/01)
Rule 33.3 Part 70 Permits—Permit Content
(Adopted 09/12/06)
Rule 33.4 Part 70 Permits—Operational
Flexibility (Adopted 04/10/01)
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 04/10/01)
Rule 33.8 Part 70 Permits—Reopening of
Permits (Adopted 10/12/93)
Rule 33.9 Part 70 Permits—Compliance
Provisions (Adopted 04/10/01)
Rule 33.10 Part 70 Permits—General Part 70
Permits (Adopted 10/12/93)
Rule 34 Acid Deposition Control (Adopted
03/14/95)
Rule 35 Elective Emission Limits (Adopted
11/12/96)
Rule 36 New Source Review—Hazardous
Air Pollutants (Adopted 10/06/98)
Rule 42 Permit Fees (Adopted 04/11/06)
Rule 44 Exemption Evaluation Fee
(Adopted 09/10/96)
Rule 45 Plan Fees (Adopted 06/19/90)
Rule 45.2 Asbestos Removal Fees (Adopted
08/04/92)
Rule 47 Source Test, Emission Monitor, and
Call-Back Fees (Adopted 06/22/99)
Rule 50 Opacity (Adopted 04/13/04)
Rule 52 Particulate Matter-Concentration
(Grain Loading) (Adopted 04/13/04)
Rule 53 Particulate Matter-Process Weight
(Adopted 04/13/04)
Rule 54 Sulfur Compounds (Adopted 06/
14/94)
Rule 56 Open Burning (Adopted 11/11/03)
E:\FR\FM\23OCR1.SGM
23OCR1
rfrederick on PROD1PC67 with RULES
Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Rules and Regulations
Rule 57 Incinerators (Adopted 01/11/05)
Rule 57.1 Particulate Matter Emissions from
Fuel Burning Equipment (Adopted 01/11/
05)
Rule 62.7 Asbestos—Demolition and
Renovation (Adopted 09/01/92)
Rule 63 Separation and Combination of
Emissions (Adopted 11/21/78)
Rule 64 Sulfur Content of Fuels (Adopted
04/13/99)
Rule 67 Vacuum Producing Devices
(Adopted 07/05/83)
Rule 68 Carbon Monoxide (Adopted 04/13/
04)
Rule 71 Crude Oil and Reactive Organic
Compound Liquids (Adopted 12/13/94)
Rule 71.1 Crude Oil Production and
Separation (Adopted 06/16/92)
Rule 71.2 Storage of Reactive Organic
Compound Liquids (Adopted 09/26/89)
Rule 71.3 Transfer of Reactive Organic
Compound Liquids (Adopted 06/16/92)
Rule 71.4 Petroleum Sumps, Pits, Ponds,
and Well Cellars (Adopted 06/08/93)
Rule 71.5 Glycol Dehydrators (Adopted 12/
13/94)
Rule 72 New Source Performance Standards
(NSPS) (Adopted 09/13/05)
Rule 73 National Emission Standards for
Hazardous Air Pollutants (NESHAPS
(Adopted 09/13/05)
Rule 74 Specific Source Standards
(Adopted 07/06/76)
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
(Adopted 11/11/03—effective 07/01/04)
Rule 74.6.1 Batch Loaded Vapor Degreasers
(Adopted 11/11/03—effective 07/01/04)
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 07/05/83)
Rule 74.9 Stationary Internal Combustion
Engines (Adopted 11/08/05)
Rule 74.10 Components at Crude Oil
Production Facilities and Natural Gas
Production and Processing Facilities
(Adopted 03/10/98)
Rule 74.11 Natural Gas-Fired Residential
Water Heaters—Control of NOX (Adopted
04/09/85)
Rule 74.11.1 Large Water Heaters and Small
Boilers (Adopted 09/14/99)
Rule 74.12 Surface Coating of Metal Parts
and Products (Adopted 11/11/03)
Rule 74.15 Boilers, Steam Generators and
Process Heaters (Adopted 11/08/94)
Rule 74.15.1 Boilers, Steam Generators and
Process Heaters (Adopted 06/13/00)
Rule 74.16 Oil Field Drilling Operations
(Adopted 01/08/91)
Rule 74.20 Adhesives and Sealants
(Adopted 01/11/05)
Rule 74.23 Stationary Gas Turbines
(Adopted 1/08/02)
Rule 74.24 Marine Coating Operations
(Adopted 11/11/03)
Rule 74.24.1 Pleasure Craft Coating and
Commercial Boatyard Operations (Adopted
01/08/02)
VerDate Aug<31>2005
14:55 Oct 22, 2007
Jkt 214001
Rule 74.26 Crude Oil Storage Tank
Degassing Operations (Adopted 11/08/94)
Rule 74.27 Gasoline and ROC Liquid
Storage Tank Degassing Operations
(Adopted 11/08/94)
Rule 74.28 Asphalt Roofing Operations
(Adopted 05/10/94)
Rule 74.30 Wood Products Coatings
(Adopted 06/27/06)
Rule 75 Circumvention (Adopted 11/27/78)
Rule 101 Sampling and Testing Facilities
(Adopted 05/23/72)
Rule 102 Source Tests (Adopted 04/13/04)
Rule 103 Continuous Monitoring Systems
(Adopted 02/09/99)
Rule 154 Stage 1 Episode Actions (Adopted
09/17/91)
Rule 155 Stage 2 Episode Actions (Adopted
09/17/91)
Rule 156 Stage 3 Episode Actions (Adopted
09/17/91)
Rule 158 Source Abatement Plans (Adopted
09/17/91)
Rule 159 Traffic Abatement Procedures
(Adopted 09/17/91)
Rule 220 General Conformity (Adopted 05/
09/95)
Rule 230 Notice to Comply (Adopted 11/09/
99)
*
*
*
*
*
[FR Doc. E7–20139 Filed 10–22–07; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 061020273–7001–03]
RIN 0648–XD45
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Commercial Quota Harvested for New
York
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
SUMMARY: NMFS announces that the
2007 summer flounder commercial
quota allocated to the State of New York
has been harvested. Vessels issued a
commercial Federal fisheries permit for
the summer flounder fishery may not
land summer flounder in New York for
the remainder of calendar year 2007,
unless additional quota becomes
available through a transfer from
another state. Regulations governing the
summer flounder fishery require
publication of this notification to advise
New York that the quota has been
harvested and to advise vessel permit
holders and dealer permit holders that
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
59951
no commercial quota is available for
landing summer flounder in New York.
DATES: Effective 0001 hours, October 20,
2007, through 2400 hours, December 31,
2007.
FOR FURTHER INFORMATION CONTACT:
Emily Bryant, Fishery Management
Specialist, (978) 281–9244.
SUPPLEMENTARY INFORMATION:
Regulations governing the summer
flounder fishery are found at 50 CFR
part 648. The regulations require annual
specification of a commercial quota that
is apportioned on a percentage basis
among the coastal states from North
Carolina through Maine. The process to
set the annual commercial quota and the
percent allocated to each state is
described in § 648.100.
The initial total commercial quota for
summer flounder for the 2007 calendar
year was set equal to 7,789,800 lb (3,533
mt) (71 FR 75134, December 14, 2006).
This quota was increased through an
emergency action to 10,267,098 lb
(4,658 mt) (72 FR 2458, January 19,
2007). The percent allocated to vessels
landing summer flounder in New York
is 7.64599 percent, resulting in a
commercial quota of 785,029 lb (357
mt). The 2007 allocation was reduced to
767,161 lb (348 mt) when research setaside was deducted and then reduced to
619,123 (281 mt) after the 2006 overages
had been applied.
Section 648.101(b) requires the
Administrator, Northeast Region, NMFS
(Regional Administrator) to monitor
state commercial quotas and to
determine when a state’s commercial
quota has been harvested. NMFS then
publishes a notification in the Federal
Register to advise the state and to notify
Federal vessel and dealer permit holders
that, effective upon a specific date, the
state’s commercial quota has been
harvested and no commercial quota is
available for landing summer flounder
in that state. The Regional
Administrator has determined, based
upon dealer reports and other available
information, that New York has
harvested its quota for 2007.
The regulations at § 648.4(b) provide
that Federal permit holders agree, as a
condition of the permit, not to land
summer flounder in any state that the
Regional Administrator has determined
no longer has commercial quota
available. Therefore, effective 0001
hours, October 20, 2007, further
landings of summer flounder in New
York by vessels holding summer
flounder commercial Federal fisheries
permits are prohibited for the remainder
of the 2007 calendar year, unless
additional quota becomes available
through a transfer and is announced in
E:\FR\FM\23OCR1.SGM
23OCR1
Agencies
[Federal Register Volume 72, Number 204 (Tuesday, October 23, 2007)]
[Rules and Regulations]
[Pages 59947-59951]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20139]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[OAR-2004-0091; FRL-8479-6]
Outer Continental Shelf Air Regulations; Consistency Update for
California
AGENCY: Environmental Protection Agency (``EPA'').
ACTION: Final rule--consistency update.
-----------------------------------------------------------------------
SUMMARY: EPA is finalizing the updates of the Outer Continental Shelf
(``OCS'') Air Regulations proposed in the Federal Register on March 23,
2006, August 18, 2006 and May 31, 2007. 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 Amendments of 1990 (``the Act''). The portions of
the OCS air regulations that are being updated pertain to the
requirements for OCS sources for which the Ventura County Air Pollution
Control District is the designated COA. The intended effect of
approving the requirements contained in ``Ventura County Air Pollution
Control District Requirements Applicable to OCS Sources'' (September
2007) is to regulate emissions from OCS sources in accordance with the
requirements onshore.
DATES: Effective Date: This rule is effective on November 23, 2007.
The incorporation by reference of certain publications listed in
this rule is approved by the Director of the Federal Register as of
November 23, 2007.
ADDRESSES: EPA has established docket number OAR-2004-0091 for this
action. The index to the docket 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, U.S. EPA
Region IX, (415) 947-4120, allen.cynthia@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Public Comment
III. EPA Action
IV. 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
Governments
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
J. Congressional Review Act
K. Petitions for Judicial Review
I. Background
Throughout this document, the terms ``we'', ``us'', and ``our''
refer to U.S. EPA.
On March 23, 2006 (71 FR 14662), August 18, 2006 (71 FR 47758) and
May 31, 2007 (72 FR 30320), EPA proposed to approve requirements into
the OCS Air Regulations pertaining to Ventura County APCD. These
requirements are being promulgated in response to the submittal of
rules from this California air pollution control agency. EPA has
evaluated the proposed requirements 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 that they are not arbitrary or
capricious. 40 CFR 55.12(e). In addition, EPA has excluded
administrative or procedural rules.
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
[[Page 59948]]
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. Public Comments
EPA's proposed actions provided 30-day public comment periods.
During these periods, we received no comments on the proposed actions.
III. EPA Action
In this document, EPA takes final action to incorporate the
proposed changes into 40 CFR part 55. No changes were made to the
proposed actions. EPA is approving the proposed actions under section
328(a)(1) of the Act, 42 U.S.C. 7627. 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.
IV. 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. 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. 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 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.
This rule will not have a significant economic impact on a
substantial number of small entities. 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. 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 or more in any one year.
Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally
[[Page 59949]]
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 final rule contains 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. 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. 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 Order 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 final 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. 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. This rule does 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.
F. Executive Order 13175, Coordination With Indian Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249 (November 9, 2000)),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
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.
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 final 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 final 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, 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 final rule simply
updates the existing OCS rules to make them consistent with current COA
requirements. In the
[[Page 59950]]
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.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This action will be effective November 23, 2007.
K. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air, petitions for judicial
review of this action must be filed in the United States Court of
Appeals for the appropriate circuit by December 24, 2007. Filing a
petition for reconsideration by the Administrator of this final action
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 55
Environmental protection, Administrative practice and procedures,
Air pollution control, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Nitrogen oxides, Outer
Continental Shelf, Ozone, Particulate matter, Permits, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: September 20, 2007.
Wayne Nastri,
Regional Administrator, Region IX.
0
Title 40 of the Code of Federal Regulations, part 55, is to be amended
as follows:
PART 55--[AMENDED]
0
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.
0
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, September 2007.
* * * * *
0
3. Appendix A to CFR Part 55 is amended by revising paragraph (b)(8)
under the heading ``California'' to read as follows:
Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, by State
* * * * *
California
(a) * * *
(b) * * *
* * * * *
(8) The following requirements are contained in Ventura County
Air Pollution Control District Requirements Applicable to OCS
Sources, September 2007:
Rule 2 Definitions (Adopted 04/13/04)
Rule 5 Effective Date (Adopted 04/13/04)
Rule 6 Severability (Adopted 11/21/78)
Rule 7 Zone Boundaries (Adopted 06/14/77)
Rule 10 Permits Required (Adopted 04/13/04)
Rule 11 Definition for Regulation II (Adopted 03/14/06)
Rule 12 Applications for Permits (Adopted 06/13/95)
Rule 13 Action on Applications for an Authority to Construct
(Adopted 06/13/95)
Rule 14 Action on Applications for a Permit to Operate (Adopted 06/
13/95)
Rule 15.1 Sampling and Testing Facilities (Adopted 10/12/93)
Rule 16 BACT Certification (Adopted 06/13/95)
Rule 19 Posting of Permits (Adopted 05/23/72)
Rule 20 Transfer of Permit (Adopted 05/23/72)
Rule 23 Exemptions from Permits (Adopted 09/12/06)
Rule 24 Source Recordkeeping, Reporting, and Emission Statements
(Adopted 09/15/92)
Rule 26 New Source Review--General (Adopted 03/14/06)
Rule 26.1 New Source Review--Definitions (Adopted 11/14/06)
Rule 26.2 New Source Review--Requirements (Adopted 05/14/02)
Rule 26.3 New Source Review--Exemptions (Adopted 03/14/06)
Rule 26.6 New Source Review--Calculations (Adopted 03/14/06)
Rule 26.8 New Source Review--Permit To Operate (Adopted 10/22/91)
Rule 26.10 New Source Review--PSD (Adopted 01/13/98)
Rule 26.11 New Source Review--ERC Evaluation At Time of Use (Adopted
05/14/02)
Rule 26.12 Federal Major Modifications (Adopted 06/27/06)
Rule 28 Revocation of Permits (Adopted 07/18/72)
Rule 29 Conditions on Permits (Adopted 03/14/06)
Rule 30 Permit Renewal (Adopted 04/13/04)
Rule 32 Breakdown Conditions: Emergency Variances, A., B.1., and D.
only. (Adopted 02/20/79)
Rule 33 Part 70 Permits--General (Adopted 09/12/06)
Rule 33.1 Part 70 Permits--Definitions (Adopted 09/12/06)
Rule 33.2 Part 70 Permits--Application Contents (Adopted 04/10/01)
Rule 33.3 Part 70 Permits--Permit Content (Adopted 09/12/06)
Rule 33.4 Part 70 Permits--Operational Flexibility (Adopted 04/10/
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 04/10/01)
Rule 33.8 Part 70 Permits--Reopening of Permits (Adopted 10/12/93)
Rule 33.9 Part 70 Permits--Compliance Provisions (Adopted 04/10/01)
Rule 33.10 Part 70 Permits--General Part 70 Permits (Adopted 10/12/
93)
Rule 34 Acid Deposition Control (Adopted 03/14/95)
Rule 35 Elective Emission Limits (Adopted 11/12/96)
Rule 36 New Source Review--Hazardous Air Pollutants (Adopted 10/06/
98)
Rule 42 Permit Fees (Adopted 04/11/06)
Rule 44 Exemption Evaluation Fee (Adopted 09/10/96)
Rule 45 Plan Fees (Adopted 06/19/90)
Rule 45.2 Asbestos Removal Fees (Adopted 08/04/92)
Rule 47 Source Test, Emission Monitor, and Call-Back Fees (Adopted
06/22/99)
Rule 50 Opacity (Adopted 04/13/04)
Rule 52 Particulate Matter-Concentration (Grain Loading) (Adopted
04/13/04)
Rule 53 Particulate Matter-Process Weight (Adopted 04/13/04)
Rule 54 Sulfur Compounds (Adopted 06/14/94)
Rule 56 Open Burning (Adopted 11/11/03)
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Rule 57 Incinerators (Adopted 01/11/05)
Rule 57.1 Particulate Matter Emissions from Fuel Burning Equipment
(Adopted 01/11/05)
Rule 62.7 Asbestos--Demolition and Renovation (Adopted 09/01/92)
Rule 63 Separation and Combination of Emissions (Adopted 11/21/78)
Rule 64 Sulfur Content of Fuels (Adopted 04/13/99)
Rule 67 Vacuum Producing Devices (Adopted 07/05/83)
Rule 68 Carbon Monoxide (Adopted 04/13/04)
Rule 71 Crude Oil and Reactive Organic Compound Liquids (Adopted 12/
13/94)
Rule 71.1 Crude Oil Production and Separation (Adopted 06/16/92)
Rule 71.2 Storage of Reactive Organic Compound Liquids (Adopted 09/
26/89)
Rule 71.3 Transfer of Reactive Organic Compound Liquids (Adopted 06/
16/92)
Rule 71.4 Petroleum Sumps, Pits, Ponds, and Well Cellars (Adopted
06/08/93)
Rule 71.5 Glycol Dehydrators (Adopted 12/13/94)
Rule 72 New Source Performance Standards (NSPS) (Adopted 09/13/05)
Rule 73 National Emission Standards for Hazardous Air Pollutants
(NESHAPS (Adopted 09/13/05)
Rule 74 Specific Source Standards (Adopted 07/06/76)
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 (Adopted 11/11/03--
effective 07/01/04)
Rule 74.6.1 Batch Loaded Vapor Degreasers (Adopted 11/11/03--
effective 07/01/04)
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 07/05/83)
Rule 74.9 Stationary Internal Combustion Engines (Adopted 11/08/05)
Rule 74.10 Components at Crude Oil Production Facilities and Natural
Gas Production and Processing Facilities (Adopted 03/10/98)
Rule 74.11 Natural Gas-Fired Residential Water Heaters--Control of
NOX (Adopted 04/09/85)
Rule 74.11.1 Large Water Heaters and Small Boilers (Adopted 09/14/
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
11/08/94)
Rule 74.15.1 Boilers, Steam Generators and Process Heaters (Adopted
06/13/00)
Rule 74.16 Oil Field Drilling Operations (Adopted 01/08/91)
Rule 74.20 Adhesives and Sealants (Adopted 01/11/05)
Rule 74.23 Stationary Gas Turbines (Adopted 1/08/02)
Rule 74.24 Marine Coating Operations (Adopted 11/11/03)
Rule 74.24.1 Pleasure Craft Coating and Commercial Boatyard
Operations (Adopted 01/08/02)
Rule 74.26 Crude Oil Storage Tank Degassing Operations (Adopted 11/
08/94)
Rule 74.27 Gasoline and ROC Liquid Storage Tank Degassing Operations
(Adopted 11/08/94)
Rule 74.28 Asphalt Roofing Operations (Adopted 05/10/94)
Rule 74.30 Wood Products Coatings (Adopted 06/27/06)
Rule 75 Circumvention (Adopted 11/27/78)
Rule 101 Sampling and Testing Facilities (Adopted 05/23/72)
Rule 102 Source Tests (Adopted 04/13/04)
Rule 103 Continuous Monitoring Systems (Adopted 02/09/99)
Rule 154 Stage 1 Episode Actions (Adopted 09/17/91)
Rule 155 Stage 2 Episode Actions (Adopted 09/17/91)
Rule 156 Stage 3 Episode Actions (Adopted 09/17/91)
Rule 158 Source Abatement Plans (Adopted 09/17/91)
Rule 159 Traffic Abatement Procedures (Adopted 09/17/91)
Rule 220 General Conformity (Adopted 05/09/95)
Rule 230 Notice to Comply (Adopted 11/09/99)
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[FR Doc. E7-20139 Filed 10-22-07; 8:45 am]
BILLING CODE 6560-50-P