Outer Continental Shelf Air Regulations; Consistency Update for California, 59947-59951 [E7-20139]

Download as PDF 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 rfrederick on PROD1PC67 with RULES § 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. VerDate Aug<31>2005 14:55 Oct 22, 2007 Jkt 214001 (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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 59947 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 E:\FR\FM\23OCR1.SGM 23OCR1 59948 Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Rules and Regulations 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 rfrederick on PROD1PC67 with RULES 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; VerDate Aug<31>2005 14:55 Oct 22, 2007 Jkt 214001 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. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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 E:\FR\FM\23OCR1.SGM 23OCR1 Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Rules and Regulations 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. rfrederick on PROD1PC67 with RULES 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 VerDate Aug<31>2005 14:55 Oct 22, 2007 Jkt 214001 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 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 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 E:\FR\FM\23OCR1.SGM 23OCR1 59950 Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Rules and Regulations 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).) rfrederick on PROD1PC67 with RULES 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. VerDate Aug<31>2005 14:55 Oct 22, 2007 Jkt 214001 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) PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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]


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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)

[[Page 59951]]

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)
* * * * *

 [FR Doc. E7-20139 Filed 10-22-07; 8:45 am]
BILLING CODE 6560-50-P
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