Outer Continental Shelf Air Regulations Consistency Update for California, 64563-64570 [E7-22457]
Download as PDF
Federal Register / Vol. 72, No. 221 / Friday, November 16, 2007 / Proposed Rules
less, or as otherwise stated in NARA
policy.
§ 1251.22 Are there any penalties for
providing records or testimony in violation
of this part?
(a) An employee who discloses
official records or information or gives
testimony relating to official
information, except as expressly
authorized by NARA or as ordered by a
Federal court after NARA has had the
opportunity to be heard, may face the
penalties provided in 18 U.S.C. 641 and
other applicable laws. Additionally,
former NARA employees are subject to
the restrictions and penalties of 18
U.S.C. 207 and 216.
(b) A current NARA employee who
testifies or produces official records and
information in violation of this part is
subject to disciplinary action.
PART 1256—PUBLIC AVAILABILITY
AND USE OF FEDERAL RECORDS
4. The authority citation for part 1256
continues to read as follows:
Authority: 44 U.S.C. 2101–2118; 22 U.S.C.
1461(b); 5 U.S.C. 552; E.O. 12958 (60 FR
19825, 3 CFR, 1995 Comp., p. 333; E.O.
13292, 68 FR 15315, 3 CFR, 2003 Comp., p.
196; E.O. 13233, 66 FR 56023, 3 CFR, 2001
Comp., p. 815.
§ 1256.4
[Removed]
5. Remove § 1256.4.
Dated: November 9, 2007.
Allen Weinstein,
Archivist of the United States.
[FR Doc. E7–22494 Filed 11–15–07; 8:45 am]
BILLING CODE 7515–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 55
[OAR–2004–0091; FRL–8496–1]
Outer Continental Shelf Air
Regulations Consistency Update for
California
Environmental Protection
Agency (‘‘EPA’’).
ACTION: Proposed rule—Consistency
Update.
ebenthall on PRODPC61 with PROPOSALS
AGENCY:
SUMMARY: EPA is proposing to update a
portion of the Outer Continental Shelf
(‘‘OCS’’) Air Regulations. Requirements
applying to OCS sources located within
25 miles of States’ seaward boundaries
must be updated periodically to remain
consistent with the requirements of the
corresponding onshore area (‘‘COA’’), as
mandated by section 328(a)(1) of the
Clean Air Act, as amended in 1990 (‘‘the
VerDate Aug<31>2005
15:30 Nov 15, 2007
Jkt 214001
Act’’). The portions of the OCS air
regulations that are being updated
pertain to the requirements for OCS
sources by the Santa Barbara County Air
Pollution Control District (Santa Barbara
County APCD), South Coast Air Quality
Management District (South Coast
AQMD), and Ventura County Air
Pollution Control District (Ventura
County APCD). The intended effect of
approving the OCS requirements for the
Santa Barbara County APCD, South
Coast AQMD, and Ventura County
APCD is to regulate emissions from OCS
sources in accordance with the
requirements onshore. The change to
the existing requirements discussed
below is proposed to be incorporated by
reference into the Code of Federal
Regulations and is listed in the
appendix to the OCS air regulations.
DATES: Any comments must arrive by
December 17, 2007.
ADDRESSES: Submit comments,
identified by docket number OAR–
2004–0091, by one of the following
methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through https://
www.regulations.gov or e-mail. https://
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send e-mail
directly to EPA, your e-mail address
will be automatically captured and
included as part of the public comment.
If EPA cannot read your comment due
to technical difficulties and cannot
contact you for clarification, EPA may
not be able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: The index to the docket for
this action is available electronically at
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
64563
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While
all documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Cynthia Allen, Air Division (Air-4), U.S.
EPA Region 9, 75 Hawthorne Street, San
Francisco, CA 94105, (415) 947–4120,
allen.cynthia@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background Information
Why is EPA taking this action?
II. EPA’s Evaluation
A. What criteria were used to evaluate
rules submitted to update 40 CFR part
55?
B. What requirements were submitted to
update 40 CFR part 55?
III. Administrative Requirements
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Coordination
With Indian Tribal Government
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
I. Background Information
Why is EPA taking this action?
On September 4, 1992, EPA
promulgated 40 CFR part 55,1 which
established requirements to control air
pollution from OCS sources in order to
attain and maintain federal and state
ambient air quality standards and to
comply with the provisions of part C of
title I of the Act. Part 55 applies to all
OCS sources offshore of the States
except those located in the Gulf of
Mexico west of 87.5 degrees longitude.
Section 328 of the Act requires that for
such sources located within 25 miles of
a State’s seaward boundary, the
requirements shall be the same as would
be applicable if the sources were located
1 The reader may refer to the Notice of Proposed
Rulemaking, December 5, 1991 (56 FR 63774), and
the preamble to the final rule promulgated
September 4, 1992 (57 FR 40792) for further
background and information on the OCS
regulations.
E:\FR\FM\16NOP1.SGM
16NOP1
64564
Federal Register / Vol. 72, No. 221 / Friday, November 16, 2007 / Proposed Rules
in the COA. Because the OCS
requirements are based on onshore
requirements, and onshore requirements
may change, section 328(a)(1) requires
that EPA update the OCS requirements
as necessary to maintain consistency
with onshore requirements.
Pursuant to § 55.12 of the OCS rule,
consistency reviews will occur (1) at
least annually; (2) upon receipt of a
Notice of Intent under § 55.4; or (3)
when a state or local agency submits a
rule to EPA to be considered for
incorporation by reference in part 55.
This proposed action is being taken in
response to the submittal of
requirements submitted by the Santa
Barbara County APCD, South Coast
AQMD and Ventura County APCD.
Public comments received in writing
within 30 days of publication of this
document will be considered by EPA
before publishing a final rule. Section
328(a) of the Act requires that EPA
establish requirements to control air
pollution from OCS sources located
within 25 miles of States’ seaward
boundaries that are the same as onshore
requirements. To comply with this
statutory mandate, EPA must
incorporate applicable onshore rules
into part 55 as they exist onshore. This
limits EPA’s flexibility in deciding
which requirements will be
incorporated into part 55 and prevents
EPA from making substantive changes
to the requirements it incorporates. As
a result, EPA may be incorporating rules
into part 55 that do not conform to all
of EPA’s state implementation plan
(SIP) guidance or certain requirements
of the Act. Consistency updates may
result in the inclusion of state or local
rules or regulations into part 55, even
though the same rules may ultimately be
disapproved for inclusion as part of the
SIP. Inclusion in the OCS rule does not
imply that a rule meets the requirements
of the Act for SIP approval, nor does it
imply that the rule will be approved by
EPA for inclusion in the SIP.
II. EPA’s Evaluation
A. What criteria were used to evaluate
rules submitted to update 40 CFR part
55?
In updating 40 CFR part 55, EPA
reviewed the rules submitted for
inclusion in part 55 to ensure that they
are rationally related to the attainment
or maintenance of federal or state
ambient air quality standards or part C
of title I of the Act, that they are not
designed expressly to prevent
exploration and development of the
OCS and that they are applicable to OCS
sources. 40 CFR 55.1. EPA has also
evaluated the rules to ensure they are
not arbitrary or capricious. 40 CFR 55.12
(e). In addition, EPA has excluded
administrative or procedural rules,2 and
requirements that regulate toxics which
are not related to the attainment and
maintenance of federal and state
ambient air quality standards.
B. What requirements were submitted to
update 40 CFR part 55?
1. After review of the requirements
submitted by the Santa Barbara County
APCD against the criteria set forth above
and in 40 CFR part 55, EPA is proposing
to make the following District
requirements applicable to OCS sources:
Rule No.
Name
106 ....................
Notice To Comply for Minor Violations .................................................................................................................
2. After review of the requirements
submitted by the South Coast AQMD
Repealed date
against the criteria set forth above and
in 40 CFR part 55, EPA is proposing to
make the following District
requirements applicable to OCS sources:
Adoption or
amended date
Rule No.
Name
219 ....................
301 ....................
304 ....................
304.1 .................
305 ....................
306 ....................
309 ....................
Reg. IX .............
1107 ..................
1113 ..................
1132 ..................
1146.2 ...............
1162 ..................
1171 ..................
1173 ..................
Equipment Not Requiring a Written Permit Pursuant to Regulation II .................................................................
Permitting and Associated Fees ..........................................................................................................................
Equipment, Materials, and Ambient Air Analyses ................................................................................................
Analyses Fees ......................................................................................................................................................
Fees for Acid Deposition Research (Rescinded) .................................................................................................
Plan Fees .............................................................................................................................................................
Fees for Regulation XVI .......................................................................................................................................
New Source Performance Standards ...................................................................................................................
Coating of Metal Parts and Products ...................................................................................................................
Architectural Coatings ..........................................................................................................................................
Further Control of VOC Emissions From High-Emitting Spray Booth Facilities ..................................................
Emission of Oxides of Nitrogen From Large Water Heaters and Small Boilers ..................................................
Polyester Resin Operations ..................................................................................................................................
Solvent Cleaning Operations ................................................................................................................................
Control of Volatile Organic Compound Leaks and Releases From Components at Petroleum Facilities and
Chemical Plants.
Further Reductions of VOC Emissions From Storage Tanks at Petroleum Facilities .........................................
Asbestos Emissions From Demolition/Renovation Activities ...............................................................................
Requirements for Stationary Diesel-Fueled Internal Combustion and Other Compression Ignition Engines .....
Requirements .......................................................................................................................................................
Trading Requirements ..........................................................................................................................................
Administrative Remedies and Sanctions ..............................................................................................................
ebenthall on PRODPC61 with PROPOSALS
1178
1403
1470
2004
2007
2010
..................
..................
..................
..................
..................
..................
09/12/06
6/1/07
5/7/07
5/7/07
5/7/07
6/9/06
5/4/07
5/7/07
4/6/07
1/6/06
6/9/06
5/5/06
5/5/06
7/8/05
7/14/06
6/1/07
4/7/06
11/6/06
6/1/07
4/6/07
4/6/07
4/6/07
3. After review of the requirements
submitted by the Ventura County APCD
against the criteria set forth above and
in 40 CFR part 55, EPA is proposing to
make the following District
requirements applicable to OCS sources:
2 Each COA which has been delegated the
authority to implement and enforce part 55, will
use its administrative and procedural rules as
onshore. However, in those instances where EPA
has not delegated authority to implement and
enforce part 55, EPA will use its own administrative
and procedural requirements to implement the
substantive requirements. 40 CFR 55.14 (c)(4).
VerDate Aug<31>2005
15:30 Nov 15, 2007
Jkt 214001
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
E:\FR\FM\16NOP1.SGM
16NOP1
Federal Register / Vol. 72, No. 221 / Friday, November 16, 2007 / Proposed Rules
Adoption or
amended date
Rule No.
Name
42 ......................
Permit Fees ..........................................................................................................................................................
III. Administrative Requirements
ebenthall on PRODPC61 with PROPOSALS
A. Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735 (October 4, 1993)), the Agency
must determine whether the regulatory
action is ‘‘significant’’ and therefore
subject to Office of Management and
Budget (‘‘OMB’’) review and the
requirements of the Executive Order.
The Order defines ‘‘significant
regulatory action’’ as one that is likely
to result in a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 and is therefore
not subject to OMB Review. These rules
implement requirements specifically
and explicitly set forth by the Congress
in section 328 of the Clean Air Act,
without the exercise of any policy
discretion by EPA. These OCS rules
already apply in the COA, and EPA has
no evidence to suggest that these OCS
rules have created an adverse material
effect. As required by section 328 of the
Clean Air Act, this action simply
updates the existing OCS requirements
to make them consistent with rules in
the COA.
B. Paperwork Reduction Act
The OMB has approved the
information collection requirements
contained in 40 CFR part 55, and by
extension this update to the rules, under
the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.
and has assigned OMB control number
2060–0249. Notice of OMB’s approval of
EPA Information Collection Request
(‘‘ICR’’) No. 1601.06 was published in
the Federal Register on March 1, 2006
VerDate Aug<31>2005
15:30 Nov 15, 2007
Jkt 214001
(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.
These rules will not have a significant
economic impact on a substantial
number of small entities. These rules
implement requirements specifically
and explicitly set forth by the Congress
in section 328 of the Clean Air Act,
without the exercise of any policy
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
64565
4/10/07
discretion by EPA. These OCS rules
already apply in the COA, and EPA has
no evidence to suggest that these OCS
rules have had a significant economic
impact on a substantial number of small
entities. As required by section 328 of
the Clean Air Act, this action simply
updates the existing OCS requirements
to make them consistent with rules in
the COA. Therefore, I certify that this
action will not have a significant
economic impact on a substantial
number of small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (‘‘UMRA’’), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures to State, local,
and tribal governments, in the aggregate,
or to the private sector, of $100 million
of more in any one year.
Before promulgating an EPA rule for
which a written statement is needed,
section 205 of the UMRA generally
requires EPA to identify and consider a
reasonable number of regulatory
alternatives and adopt the least costly,
most cost-effective or least burdensome
alternative that achieves the objectives
of the rule. The provisions of section
205 do not apply when they are
inconsistent with applicable law.
Moreover, section 205 allows EPA to
adopt an alternative other than the least
costly, most cost-effective or least
burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted.
Before EPA establishes any regulatory
requirements that may significantly or
uniquely affect small governments,
including tribal governments, it must
have developed under section 203 of the
UMRA a small government agency plan.
The plan must provide for notifying
potentially affected small governments,
enabling officials of affected small
governments to have meaningful and
timely input in the development of EPA
regulatory proposals with significant
Federal intergovernmental mandates,
and informing, educating, and advising
small governments on compliance with
E:\FR\FM\16NOP1.SGM
16NOP1
64566
Federal Register / Vol. 72, No. 221 / Friday, November 16, 2007 / Proposed Rules
ebenthall on PRODPC61 with PROPOSALS
the regulatory requirements. Today’s
proposed rules contain no Federal
mandates (under the regulatory
provisions of Title II of the UMRA) for
State, local, or tribal governments or the
private sector that may result in
expenditures of $100 million or more
for State, local, or tribal governments, in
the aggregate, or to the private sector in
any one year. These rules implement
requirements specifically and explicitly
set forth by the Congress in section 328
of the Clean Air Act without the
exercise of any policy discretion by
EPA. These OCS rules already apply in
the COA, and EPA has no evidence to
suggest that these OCS rules have
created an adverse material effect. As
required by section 328 of the Clean Air
Act, this action simply updates the
existing OCS requirements to make
them consistent with rules in the COA.
E. Executive Order 13132, Federalism
Executive Orders 13132, entitled
‘‘Federalism’’ (64 FR 43255 (August 10,
1999)), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’
This proposed rule does not have
federalism implications. It will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. These rules
implement requirements specifically
and explicitly set forth by the Congress
in section 328 of the Clean Air Act,
without the exercise of any policy
discretion by EPA. As required by
section 328 of the Clean Air Act, this
rule simply updates the existing OCS
rules to make them consistent with
current COA requirements. These rules
do not amend the existing provisions
within 40 CFR part 55 enabling
delegation of OCS regulations to a COA,
and this rule does not require the COA
to implement the OCS rules. Thus,
Executive Order 13132 does not apply
to this rule.
In the spirit of Executive Order 13132,
and consistent with EPA policy to
promote communications between EPA
and state and local governments, EPA
VerDate Aug<31>2005
15:30 Nov 15, 2007
Jkt 214001
specifically solicits comments on this
proposed rule from State and local
officials.
F. Executive Order 13175, Coordination
With Indian Tribal Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ This rule does not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes
and thus does not have ‘‘tribal
implications,’’ within the meaning of
Executive Order 13175. This rule
implements requirements specifically
and explicitly set forth by the Congress
in section 328 of the Clean Air Act,
without the exercise of any policy
discretion by EPA. As required by
section 328 of the Clean Air Act, this
rule simply updates the existing OCS
rules to make them consistent with
current COA requirements. In addition,
this rule does not impose substantial
direct compliance costs tribal
governments, nor preempt tribal law.
Consultation with Indian tribes is
therefore not required under Executive
Order 13175. Nonetheless, in the spirit
of Executive Order 13175 and consistent
with EPA policy to promote
communications between EPA and
tribes, EPA specifically solicits
comments on this proposed rule from
tribal officials.
G. Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks
Executive Order 13045: ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885
(April 23, 1997)), applies to any rule
that: (1) Is determined to be
‘‘economically significant’’ as defined
under Executive Order 12866, and (2)
concerns an environmental health or
safety risk that EPA has reason to
believe may have a disproportionate
effect on children. If the regulatory
action meets both criteria, the Agency
must evaluate the environmental health
or safety effects of the planned rule on
children, and explain why the planned
regulation is preferable to other
potentially effective and reasonably
feasible alternatives considered by the
Agency.
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
This proposed rule is not subject to
Executive Order 13045 because it is not
economically significant as defined in
Executive Order 12866. In addition, the
Agency does not have reason to believe
the environmental health or safety risks
addressed by this action present a
disproportional risk to children.
H. Executive Order 13211, Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This proposed rule is not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable laws or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. The NTTAA directs EPA to
provide Congress, through OMB,
explanations when the Agency decided
not to use available and applicable
voluntary consensus standards.
As discussed above, these rules
implement requirements specifically
and explicitly set forth by the Congress
in section 328 of the Clean Air Act,
without the exercise of any policy
discretion by EPA. As required by
section 328 of the Clean Air Act, this
rule simply updates the existing OCS
rules to make them consistent with
current COA requirements. In the
absence of a prior existing requirement
for the state to use voluntary consensus
standards and in light of the fact that
EPA is required to make the OCS rules
consistent with current COA
requirements, it would be inconsistent
with applicable law for EPA to use
voluntary consensus standards in this
action. Therefore, EPA is not
considering the use of any voluntary
consensus standards. EPA welcomes
comments on this aspect of the
proposed rulemaking and, specifically,
invites the public to identify
potentially-applicable voluntary
consensus standards and to explain why
E:\FR\FM\16NOP1.SGM
16NOP1
Federal Register / Vol. 72, No. 221 / Friday, November 16, 2007 / Proposed Rules
such standards should be used in this
regulation.
List of Subjects in 40 CFR Part 55
Environmental protection,
Administrative practice and procedures,
Air pollution control, Hydrocarbons,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Nitrogen oxides, Outer
Continental Shelf, Ozone, Particulate
matter, Permits, Reporting and
recordkeeping requirements, Sulfur
oxides.
Dated: November 2, 2007.
Laura Yoshii,
Acting Regional Administrator, Region IX.
Title 40 of the Code of Federal
Regulations, part 55, is proposed to be
amended as follows:
PART 55—[AMENDED]
1. The authority citation for part 55
continues to read as follows:
Authority: Section 328 of the Clean Air Act
(42 U.S.C. 7401 et seq.) as amended by Public
Law 101–549.
2. Section 55.14 is amended by
revising paragraphs (e)(3)(ii)(F), (G), and
(H) to read as follows:
§ 55.14 Requirements that apply to OCS
sources located within 25 miles of States’
seaward boundaries, by State.
*
*
*
*
*
(e) * * *
(3) * * *
(ii) * * *
(F) Santa Barbara County Air
Pollution Control District Requirements
Applicable to OCS Sources.
(G) South Coast Air Quality
Management District Requirements
Applicable to OCS Sources (Part I, II
and Part III).
(H) Ventura County Air Pollution
Control District Requirements
Applicable to OCS Sources.
*
*
*
*
*
3. Appendix A to CFR part 55 is
amended by revising paragraphs (b)(6),
(7), and (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
ebenthall on PRODPC61 with PROPOSALS
*
*
*
*
*
California
(b) * * *
(6) The following requirements are
contained in Santa Barbara County Air
Pollution Control District Requirements
Applicable to OCS Sources:
Rule 102 Definitions (Adopted 01/20/05)
Rule 103 Severability (Adopted 10/23/78)
Rule 106 Notice to Comply for Minor
Violations (Repealed 01/01/2001)
VerDate Aug<31>2005
15:30 Nov 15, 2007
Jkt 214001
Rule 107 Emergencies (Adopted 04/19/01)
Rule 201 Permits Required (Adopted 04/17/
97)
Rule 202 Exemptions to Rule 201 (Adopted
03/17/05)
Rule 203 Transfer (Adopted 04/17/97)
Rule 204 Applications (Adopted 04/17/97)
Rule 205 Standards for Granting Permits
(Adopted 04/17/97)
Rule 206 Conditional Approval of
Authority to Construct or Permit to
Operate (Adopted 10/15/91)
Rule 207 Denial of Application (Adopted
10/23/78)
Rule 210 Fees (Adopted 03/17/05)
Rule 212 Emission Statements (Adopted 10/
20/92)
Rule 219 Equipment Not Requiring a
Written Permit Pursuant to Regulation II
(Adopted 6/1/07)
Rule 301 Circumvention (Adopted 10/23/
78)
Rule 302 Visible Emissions (Adopted 10/
23/78)
Rule 304 Particulate Matter—Northern
Zone (Adopted 10/23/78)
Rule 305 Particulate Matter
Concentration—Southern Zone (Adopted
10/23/78)
Rule 306 Dust and Fumes—Northern Zone
(Adopted 10/23/78)
Rule 307 Particulate Matter Emission
Weight Rate—Southern Zone (Adopted
10/23/78)
Rule 308 Incinerator Burning (Adopted 10/
23/78)
Rule 309 Specific Contaminants (Adopted
10/23/78)
Rule 310 Odorous Organic Sulfides
(Adopted 10/23/78)
Rule 311 Sulfur Content of Fuels (Adopted
10/23/78)
Rule 312 Open Fires (Adopted 10/02/90)
Rule 316 Storage and Transfer of Gasoline
(Adopted 04/17/97)
Rule 317 Organic Solvents (Adopted 10/23/
78)
Rule 318 Vacuum Producing Devices or
Systems—Southern Zone (Adopted 10/
23/78)
Rule 321 Solvent Cleaning Operations
(Adopted 09/18/97)
Rule 322 Metal Surface Coating Thinner
and Reducer (Adopted 10/23/78)
Rule 323 Architectural Coatings (Adopted
11/15/01)
Rule 324 Disposal and Evaporation of
Solvents (Adopted 10/23/78)
Rule 325 Crude Oil Production and
Separation (Adopted 07/19/01)
Rule 326 Storage of Reactive Organic
Compound Liquids (Adopted 01/18/01)
Rule 327 Organic Liquid Cargo Tank Vessel
Loading (Adopted 12/16/85)
Rule 328 Continuous Emission Monitoring
(Adopted 10/23/78)
Rule 330 Surface Coating of Metal Parts and
Products (Adopted 01/20/00)
Rule 331 Fugitive Emissions Inspection and
Maintenance (Adopted 12/10/91)
Rule 332 Petroleum Refinery Vacuum
Producing Systems, Wastewater
Separators and Process Turnarounds
(Adopted 06/11/79)
Rule 333 Control of Emissions from
Reciprocating Internal Combustion
Engines (Adopted 04/17/97)
PO 00000
Frm 00028
Fmt 4702
Sfmt 4700
64567
Rule 342 Control of Oxides of Nitrogen
(NOX) from Boilers, Steam Generators
and Process Heaters (Adopted 04/17/97)
Rule 343 Petroleum Storage Tank Degassing
(Adopted 12/14/93)
Rule 344 Petroleum Sumps, Pits, and Well
Cellars (Adopted 11/10/94)
Rule 346 Loading of Organic Liquid Cargo
Vessels (Adopted 01/18/01)
Rule 352 Natural Gas-Fired Fan-Type
Central Furnaces and Residential Water
Heaters (Adopted 09/16/99)
Rule 353 Adhesives and Sealants (Adopted
08/19/99)
Rule 359 Flares and Thermal Oxidizers
(Adopted 06/28/94)
Rule 360 Emissions of Oxides of Nitrogen
from Large Water Heaters and Small
Boilers (Adopted 10/17/02)
Rule 370 Potential to Emit—Limitations for
Part 70 Sources (Adopted 06/15/95)
Rule 505 Breakdown Conditions Sections
A., B.1,. and D. only (Adopted 10/23/78)
Rule 603 Emergency Episode Plans
(Adopted 06/15/81)
Rule 702 General Conformity (Adopted 10/
20/94)
Rule 801 New Source Review (Adopted 04/
17/97)
Rule 802 Nonattainment Review (Adopted
04/17/97)
Rule 803 Prevention of Significant
Deterioration (Adopted 04/17/97)
Rule 804 Emission Offsets (Adopted 04/17/
97)
Rule 805 Air Quality Impact Analysis and
Modeling (Adopted 04/17/97)
Rule 808 New Source Review for Major
Sources of Hazardous Air Pollutants
(Adopted 05/20/99)
Rule 1301 Part 70 Operating Permits—
General Information (Adopted 06/19/03)
Rule 1302 Part 70 Operating Permits—
Permit Application (Adopted 11/09/93)
Rule 1303 Part 70 Operating Permits—
Permits (Adopted 11/09/93)
Rule 1304 Part 70 Operating Permits—
Issuance, Renewal, Modification and
Reopening (Adopted 11/09/93)
Rule 1305 Part 70 Operating Permits—
Enforcement (Adopted 11/09/93)
(7) The following requirements are
contained in South Coast Air Quality
Management District Requirements
Applicable to OCS Sources (Part I, II and III):
Rule 102 Definition of Terms (Adopted 12/
3/04)
Rule 103 Definition of Geographical Areas
(Adopted 01/9/76)
Rule 104 Reporting of Source Test Data and
Analyses (Adopted 01/9/76)
Rule 108 Alternative Emission Control
Plans (Adopted 04/6/90)
Rule 109 Recordkeeping for Volatile
Organic Compound Emissions (Adopted
08/18/00)
Rule 112 Definition of Minor Violation and
Guidelines for Issuance of Notice to
Comply (Adopted 11/13/98)
Rule 118 Emergencies (Adopted 12/07/95)
Rule 201 Permit to Construct (Adopted 12/
03/04)
Rule 201.1 Permit Conditions in Federally
Issued Permits to Construct (Adopted 12/
03/04)
Rule 202 Temporary Permit to Operate
(Adopted 12/03/04)
E:\FR\FM\16NOP1.SGM
16NOP1
ebenthall on PRODPC61 with PROPOSALS
64568
Federal Register / Vol. 72, No. 221 / Friday, November 16, 2007 / Proposed Rules
Rule 203 Permit to Operate (Adopted 12/
03/04)
Rule 204 Permit Conditions (Adopted 03/6/
92)
Rule 205 Expiration of Permits to Construct
(Adopted 01/05/90)
Rule 206 Posting of Permit to Operate
(Adopted 01/05/90)
Rule 207 Altering or Falsifying of Permit
(Adopted 01/09/76)
Rule 208 Permit and Burn Authorization for
Open Burning (Adopted 12/21/01)
Rule 209 Transfer and Voiding of Permits
(Adopted 01/05/90)
Rule 210 Applications (Adopted 01/05/90)
Rule 212 Standards for Approving Permits
(Adopted 12/07/95) except (c)(3) and (e)
Rule 214 Denial of Permits (Adopted 01/05/
90)
Rule 217 Provisions for Sampling and
Testing Facilities (Adopted 01/05/90)
Rule 218 Continuous Emission Monitoring
(Adopted 05/14/99)
Rule 218.1 Continuous Emission
Monitoring Performance Specifications
(Adopted 05/14/99)
Rule 218.1 Attachment A—Supplemental
and Alternative CEMS Performance
Requirements (Adopted 05/14/99)
Rule 219 Equipment Not Requiring a
Written Permit Pursuant to Regulation II
(Adopted 5/5/06)
Rule 220 Exemption—Net Increase in
Emissions (Adopted 08/07/81)
Rule 221 Plans (Adopted 01/04/85)
Rule 301 Permitting and Associated Fees
(Adopted 5/7/07) except (e)(7) and Table
IV
Rule 304 Equipment, Materials, and
Ambient Air Analyses (Adopted 5/7/07)
Rule 304.1 Analyses Fees (Adopted 5/7/07)
Rule 305 Fees for Acid Deposition
(Rescinded 6/9/06)
Rule 306 Plan Fees (Adopted 5/4/07)
Rule 309 Fees for Regulation XVI (Adopted
5/7/07)
Rule 401 Visible Emissions (Adopted 11/
09/01)
Rule 403 Fugitive Dust (Adopted 06/03/05)
Rule 404 Particulate Matter—Concentration
(Adopted 02/07/86)
Rule 405 Solid Particulate Matter—Weight
(Adopted 02/07/86)
Rule 407 Liquid and Gaseous Air
Contaminants (Adopted 04/02/82)
Rule 408 Circumvention (Adopted 05/07/
76)
Rule 409 Combustion Contaminants
(Adopted 08/07/81)
Rule 429 Start-Up and Shutdown
Exemption Provisions for Oxides of
Nitrogen (Adopted 12/21/90)
Rule 430 Breakdown Provisions, (a) and (b)
only (Adopted 07/12/96)
Rule 431.1 Sulfur Content of Gaseous Fuels
(Adopted 06/12/98)
Rule 431.2 Sulfur Content of Liquid Fuels
(Adopted 09/15/00)
Rule 431.3 Sulfur Content of Fossil Fuels
(Adopted 05/7/76)
Rule 441 Research Operations (Adopted 05/
7/76)
Rule 442 Usage of Solvents (Adopted 12/
15/00)
Rule 444 Open Burning (Adopted 12/21/01)
Rule 463 Organic Liquid Storage (Adopted
05/06/05)
VerDate Aug<31>2005
15:30 Nov 15, 2007
Jkt 214001
Rule 465 Refinery Vacuum-Producing
Devices or Systems (Adopted 08/13/99)
Rule 468 Sulfur Recovery Units (Adopted
10/08/76)
Rule 473 Disposal of Solid and Liquid
Wastes (Adopted 05/07/76)
Rule 474 Fuel Burning Equipment-Oxides
of Nitrogen (Adopted 12/04/81)
Rule 475 Electric Power Generating
Equipment (Adopted 08/07/78)
Rule 476 Steam Generating Equipment
(Adopted 10/08/76)
Rule 480 Natural Gas Fired Control Devices
(Adopted 10/07/77) Addendum to
Regulation IV (Effective 1977)
Rule 518 Variance Procedures for Title V
Facilities (Adopted 08/11/95)
Rule 518.1 Permit Appeal Procedures for
Title V Facilities (Adopted 08/11/95)
Rule 518.2 Federal Alternative Operating
Conditions (Adopted 12/21/01)
Rule 701 Air Pollution Emergency
Contingency Actions (Adopted 06/13/97)
Rule 702 Definitions (Adopted 07/11/80)
Rule 708 Plans (Rescinded 09/08/95)
Regulation IX Standard of Performance For
New Stationary Sources (Adopted 4/6/
07)
Reg. X National Emission Standards for
Hazardous Air Pollutants (NESHAPS)
(Adopted 12/2/05)
Rule 1105.1 Reduction of PM10 And
Ammonia Emissions From Fluid
Catalytic Cracking Units (Adopted 11/
07/03)
Rule 1106 Marine Coating Operations
(Adopted 01/13/95)
Rule 1107 Coating of Metal Parts and
Products (Adopted 1/6/06)
Rule 1109 Emissions of Oxides of Nitrogen
for Boilers and Process Heaters in
Petroleum Refineries (Adopted 08/05/88)
Rule 1110 Emissions from Stationary
Internal Combustion Engines
(Demonstration) (Repealed 11/14/97)
Rule 1110.1 Emissions from Stationary
Internal Combustion Engines (Rescinded
06/03/05)
Rule 1110.2 Emissions from Gaseous and
Liquid Fueled Engines (Adopted 06/03/
05)
Rule 1113 Architectural Coatings (Adopted
06/09/06)
Rule 1116.1 Lightering Vessel Operations—
Sulfur Content of Bunker Fuel (Adopted
10/20/78)
Rule 1121 Control of Nitrogen Oxides from
Residential-Type Natural Gas-Fired
Water Heaters (Adopted 09/03/04)
Rule 1122 Solvent Degreasers (Adopted 10/
01/04)
Rule 1123 Refinery Process Turnarounds
(Adopted 12/07/90)
Rule 1125 Metal Container, Closure, and
Coil Coating Operations (Adopted 01/13/
95)
Rule 1129 Aerosol Coatings (Adopted 03/
08/96)
Rule 1132 Further Control of VOC
Emissions from High-Emitting Spray
Booth Facilities (Adopted 05/05/06)
Rule 1134 Emissions of Oxides of Nitrogen
from Stationary Gas Turbines (Adopted
08/08/97)
Rule 1136 Wood Products Coatings
(Adopted 06/14/96)
PO 00000
Frm 00029
Fmt 4702
Sfmt 4700
Rule 1137 PM10 Emission Reductions from
Woodworking Operations (Adopted 02/
01/02)
Rule 1140 Abrasive Blasting (Adopted 08/
02/85)
Rule 1142 Marine Tank Vessel Operations
(Adopted 07/19/91)
Rule 1146 Emissions of Oxides of Nitrogen
from Industrial, Institutional, and
Commercial Boilers, Steam Generators,
and Process Heaters (Adopted 11/17/00)
Rule 1146.1 Emission of Oxides of Nitrogen
from Small Industrial, Institutional, and
Commercial Boilers, Steam Generators,
and Process Heaters (Adopted 05/13/94)
Rule 1146.2 Emissions of Oxides of
Nitrogen from Large Water Heaters and
Small Boilers (Adopted 05/05/06)
Rule 1148 Thermally Enhanced Oil
Recovery Wells (Adopted 11/05/82)
Rule 1149 Storage Tank Cleaning And
Degassing (Adopted 07/14/95)
Rule 1162 Polyester Resin Operations
(Adopted 07/08/05)
Rule 1168 Adhesive and Sealant
Applications (Adopted 01/07/05)
Rule 1171 Solvent Cleaning Operations
(Adopted 07/14/06)
Rule 1173 Control of Volatile Organic
Compounds Leaks and Releases From
Components At Petroleum Facilities and
Chemical Plants (Adopted 06/01/07)
Rule 1176 VOC Emissions from Wastewater
Systems (Adopted 09/13/96)
Rule 1178 Further Reductions of VOC
Emissions from Storage Tanks at
Petroleum Facilities (Adopted 04/07/06)
Rule 1301 General (Adopted 12/07/95)
Rule 1302 Definitions (Adopted 12/06/02)
Rule 1303 Requirements (Adopted 12/06/
02)
Rule 1304 Exemptions (Adopted 06/14/96)
Rule 1306 Emission Calculations (Adopted
12/06/02)
Rule 1313 Permits to Operate (Adopted 12/
07/95)
Rule 1403 Asbestos Emissions from
Demolition/Renovation Activities
(Adopted 11/06/06)
Rule 1470 Requirements for Stationary
Diesel-Fueled Internal Combustion and
Other Compression Ignition Engines
(Adopted 06/01/07)
Rule 1605 Credits for the Voluntary Repair
of On-Road Motor Vehicles Identified
Through Remote Sensing Devices
(Adopted 10/11/96)
Rule 1610 Old-Vehicle Scrapping (Adopted
02/12/99)
Rule 1612 Credits for Clean On-Road
Vehicles (Adopted 07/10/98)
Rule 1612.1 Mobile Source Credit
Generation Pilot Program (Adopted 03/
16/01)
Rule 1620 Credits for Clean Off-Road
Mobile Equipment (Adopted 07/10/98)
Rule 1701 General (Adopted 08/13/99)
Rule 1702 Definitions (Adopted 08/13/99)
Rule 1703 PSD Analysis (Adopted 10/07/
88)
Rule 1704 Exemptions (Adopted 08/13/99)
Rule 1706 Emission Calculations (Adopted
08/13/99)
Rule 1713 Source Obligation (Adopted 10/
07/88)
Regulation XVII Appendix (effective 1977)
E:\FR\FM\16NOP1.SGM
16NOP1
ebenthall on PRODPC61 with PROPOSALS
Federal Register / Vol. 72, No. 221 / Friday, November 16, 2007 / Proposed Rules
Rule 1901 General Conformity (Adopted
09/09/94)
Regulation XX Regional Clean Air
Incentives Market (Reclaim)
Rule 2000 General (Adopted 05/06/05)
Rule 2001 Applicability (Adopted 05/06/
05)
Rule 2002 Allocations for Oxides of
Nitrogen (NOX) and Oxides of Sulfur
(SOx) (Adopted 01/07/05)
Rule 2004 Requirements (Adopted 04/06/
07) except (l)
Rule 2005 New Source Review for
RECLAIM (Adopted 05/06/05) except (i)
Rule 2006 Permits (Adopted 05/11/01)
Rule 2007 Trading Requirements (Adopted
04/06/07)
Rule 2008 Mobile Source Credits (Adopted
10/15/93)
Rule 2009 Compliance Plan for Power
Producing Facilities (Adopted 01/07/05)
Rule 2010 Administrative Remedies and
Sanctions (Adopted 04/06/07)
Rule 2011 Requirements for Monitoring,
Reporting, and Recordkeeping for Oxides
of Sulfur (SOx) Emissions (Adopted 05/
06/05)
Appendix A Volume IV—(Protocol for
oxides of sulfur) (Adopted 05/06/05)
Rule 2012 Requirements for Monitoring,
Reporting, and Recordkeeping for Oxides
of Nitrogen (NOX) Emissions (Adopted
05/06/05)
Appendix A Volume V—(Protocol for
oxides of nitrogen) (Adopted 05/06/05)
Rule 2015 Backstop Provisions (Adopted
06/04/04) except (b)(1)(G) and (b)(3)(B)
Rule 2020 RECLAIM Reserve (Adopted 05/
11/01)
Rule 2100 Registration of Portable
Equipment (Adopted 07/11/97)
Rule 2506 Area Source Credits for NOX and
SOx (Adopted 12/10/99)
XXX Title V Permits
Rule 3000 General (Adopted 11/14/97)
Rule 3001 Applicability (Adopted 11/14/
97)
Rule 3002 Requirements (Adopted 11/14/
97)
Rule 3003 Applications (Adopted 03/16/01)
Rule 3004 Permit Types and Content
(Adopted 12/12/97)
Rule 3005 Permit Revisions (Adopted 03/
16/01)
Rule 3006 Public Participation (Adopted
11/14/97)
Rule 3007 Effect of Permit (Adopted 10/08/
93)
Rule 3008 Potential To Emit Limitations
(Adopted 03/16/01)
XXXI Acid Rain Permit Program (Adopted
02/10/95)
(8) The following requirements are
contained in Ventura County Air Pollution
Control District Requirements Applicable to
OCS Sources:
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)
VerDate Aug<31>2005
15:30 Nov 15, 2007
Jkt 214001
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)
PO 00000
Frm 00030
Fmt 4702
Sfmt 4700
64569
Rule 42 Permit Fees (Adopted 04/10/07)
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)
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, Wastewater 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)
E:\FR\FM\16NOP1.SGM
16NOP1
64570
Federal Register / Vol. 72, No. 221 / Friday, November 16, 2007 / Proposed Rules
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. E7–22457 Filed 11–15–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 87
[EPA–HQ–OAR–2007–0294; FRL–8495–4]
Petition Requesting Rulemaking To
Limit Lead Emissions from General
Aviation Aircraft; Request for
Comments
Environmental Protection
Agency (EPA).
ACTION: Notice of petition for
rulemaking.
ebenthall on PRODPC61 with PROPOSALS
AGENCY:
Friends of the Earth has filed
a petition with EPA, requesting that
EPA find pursuant to section 231 of the
Clean Air Act that lead emissions from
general aviation aircraft cause or
SUMMARY:
VerDate Aug<31>2005
15:30 Nov 15, 2007
Jkt 214001
contribute to air pollution that may
reasonably be anticipated to endanger
public health or welfare and that EPA
propose emissions standards for lead
from general aviation aircraft.
Alternatively, Friends of the Earth
requests that EPA commence a study
and investigation of the health and
environmental impacts of lead
emissions from general aviation aircraft,
if EPA believes that insufficient
information exists to make such a
finding. The petition submitted by
Friends of the Earth explains their view
that lead emissions from general
aviation aircraft endanger the public
health and welfare, creating a duty for
the EPA to propose emission standards.
EPA invites information and comments
from all interested parties on the issues
raised by this petition.
DATES: Comments must be received on
or before March 17, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2007–0294, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: a-and-r-docket@epa.gov,
Attention Docket ID No. OAR–2007–
0294.
• Fax: (202) 566–9744
• Mail. Send your comments to: Air
and Radiation Docket, Environmental
Protection Agency, Mailcode: 6102T,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460, Attention:
Docket ID No. OAR–2007–0294.
• Hand Delivery. Deliver your
comments to: Air and Radiation Docket
in the EPA Docket Center, (EPA/DC)
EPA West, Room 3334, 1301
Constitution Ave., NW., Washington,
DC, Attention: Docket ID No. OAR–
2007–0294. Such deliveries are only
accepted during the Docket’s normal
hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2007–
0294. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov.
The www.regulations.gov website is an
‘‘anonymous access’’ system, which
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Air and Radiation Docket in the EPA
Docket Center, (EPA/DC) EPA West,
Room 3334, 1301 Constitution Ave.,
NW., Washington, DC, Docket ID No.
OAR–2007–0294. This docket is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the Air
and Radiation Docket is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT:
Bryan Manning, Assessment and
Standards Division, Office of
Transportation and Air Quality, 2000
Traverwood Drive, Ann Arbor, MI
48105; telephone number: 734–214–
4832; fax number: 734–214–4816; email address: manning.bryan@epa.gov,
Assessment and Standards Division
Hotline; telephone number: (734) 214–
4636; e-mail address: asdinfo@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
www.regulations.gov or e-mail. Clearly
E:\FR\FM\16NOP1.SGM
16NOP1
Agencies
[Federal Register Volume 72, Number 221 (Friday, November 16, 2007)]
[Proposed Rules]
[Pages 64563-64570]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22457]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[OAR-2004-0091; FRL-8496-1]
Outer Continental Shelf Air Regulations Consistency Update for
California
AGENCY: Environmental Protection Agency (``EPA'').
ACTION: Proposed rule--Consistency Update.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to update a portion of the Outer Continental
Shelf (``OCS'') Air Regulations. Requirements applying to OCS sources
located within 25 miles of States' seaward boundaries must be updated
periodically to remain consistent with the requirements of the
corresponding onshore area (``COA''), as mandated by section 328(a)(1)
of the Clean Air Act, as amended in 1990 (``the Act''). The portions of
the OCS air regulations that are being updated pertain to the
requirements for OCS sources by the Santa Barbara County Air Pollution
Control District (Santa Barbara County APCD), South Coast Air Quality
Management District (South Coast AQMD), and Ventura County Air
Pollution Control District (Ventura County APCD). The intended effect
of approving the OCS requirements for the Santa Barbara County APCD,
South Coast AQMD, and Ventura County APCD is to regulate emissions from
OCS sources in accordance with the requirements onshore. The change to
the existing requirements discussed below is proposed to be
incorporated by reference into the Code of Federal Regulations and is
listed in the appendix to the OCS air regulations.
DATES: Any comments must arrive by December 17, 2007.
ADDRESSES: Submit comments, identified by docket number OAR-2004-0091,
by one of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at https://
www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through https://
www.regulations.gov or e-mail. https://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
Docket: The index to the docket for this action is available
electronically at https://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Cynthia Allen, Air Division (Air-4),
U.S. EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105, (415)
947-4120, allen.cynthia@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background Information
Why is EPA taking this action?
II. EPA's Evaluation
A. What criteria were used to evaluate rules submitted to update
40 CFR part 55?
B. What requirements were submitted to update 40 CFR part 55?
III. Administrative Requirements
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Coordination With Indian Tribal
Government
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
I. Background Information
Why is EPA taking this action?
On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ which
established requirements to control air pollution from OCS sources in
order to attain and maintain federal and state ambient air quality
standards and to comply with the provisions of part C of title I of the
Act. Part 55 applies to all OCS sources offshore of the States except
those located in the Gulf of Mexico west of 87.5 degrees longitude.
Section 328 of the Act requires that for such sources located within 25
miles of a State's seaward boundary, the requirements shall be the same
as would be applicable if the sources were located
[[Page 64564]]
in the COA. Because the OCS requirements are based on onshore
requirements, and onshore requirements may change, section 328(a)(1)
requires that EPA update the OCS requirements as necessary to maintain
consistency with onshore requirements.
---------------------------------------------------------------------------
\1\ The reader may refer to the Notice of Proposed Rulemaking,
December 5, 1991 (56 FR 63774), and the preamble to the final rule
promulgated September 4, 1992 (57 FR 40792) for further background
and information on the OCS regulations.
---------------------------------------------------------------------------
Pursuant to Sec. 55.12 of the OCS rule, consistency reviews will
occur (1) at least annually; (2) upon receipt of a Notice of Intent
under Sec. 55.4; or (3) when a state or local agency submits a rule to
EPA to be considered for incorporation by reference in part 55. This
proposed action is being taken in response to the submittal of
requirements submitted by the Santa Barbara County APCD, South Coast
AQMD and Ventura County APCD. Public comments received in writing
within 30 days of publication of this document will be considered by
EPA before publishing a final rule. Section 328(a) of the Act requires
that EPA establish requirements to control air pollution from OCS
sources located within 25 miles of States' seaward boundaries that are
the same as onshore requirements. To comply with this statutory
mandate, EPA must incorporate applicable onshore rules into part 55 as
they exist onshore. This limits EPA's flexibility in deciding which
requirements will be incorporated into part 55 and prevents EPA from
making substantive changes to the requirements it incorporates. As a
result, EPA may be incorporating rules into part 55 that do not conform
to all of EPA's state implementation plan (SIP) guidance or certain
requirements of the Act. Consistency updates may result in the
inclusion of state or local rules or regulations into part 55, even
though the same rules may ultimately be disapproved for inclusion as
part of the SIP. Inclusion in the OCS rule does not imply that a rule
meets the requirements of the Act for SIP approval, nor does it imply
that the rule will be approved by EPA for inclusion in the SIP.
II. EPA's Evaluation
A. What criteria were used to evaluate rules submitted to update 40 CFR
part 55?
In updating 40 CFR part 55, EPA reviewed the rules submitted for
inclusion in part 55 to ensure that they are rationally related to the
attainment or maintenance of federal or state ambient air quality
standards or part C of title I of the Act, that they are not designed
expressly to prevent exploration and development of the OCS and that
they are applicable to OCS sources. 40 CFR 55.1. EPA has also evaluated
the rules to ensure they are not arbitrary or capricious. 40 CFR 55.12
(e). In addition, EPA has excluded administrative or procedural
rules,\2\ and requirements that regulate toxics which are not related
to the attainment and maintenance of federal and state ambient air
quality standards.
---------------------------------------------------------------------------
\2\ Each COA which has been delegated the authority to implement
and enforce part 55, will use its administrative and procedural
rules as onshore. However, in those instances where EPA has not
delegated authority to implement and enforce part 55, EPA will use
its own administrative and procedural requirements to implement the
substantive requirements. 40 CFR 55.14 (c)(4).
---------------------------------------------------------------------------
B. What requirements were submitted to update 40 CFR part 55?
1. After review of the requirements submitted by the Santa Barbara
County APCD against the criteria set forth above and in 40 CFR part 55,
EPA is proposing to make the following District requirements applicable
to OCS sources:
------------------------------------------------------------------------
Rule No. Name Repealed date
------------------------------------------------------------------------
106........................ Notice To Comply for Minor 09/12/06
Violations.
------------------------------------------------------------------------
2. After review of the requirements submitted by the South Coast
AQMD against the criteria set forth above and in 40 CFR part 55, EPA is
proposing to make the following District requirements applicable to OCS
sources:
------------------------------------------------------------------------
Adoption or
Rule No. Name amended date
------------------------------------------------------------------------
219........................ Equipment Not Requiring a 6/1/07
Written Permit Pursuant to
Regulation II.
301........................ Permitting and Associated 5/7/07
Fees.
304........................ Equipment, Materials, and 5/7/07
Ambient Air Analyses.
304.1...................... Analyses Fees.............. 5/7/07
305........................ Fees for Acid Deposition 6/9/06
Research (Rescinded).
306........................ Plan Fees.................. 5/4/07
309........................ Fees for Regulation XVI.... 5/7/07
Reg. IX.................... New Source Performance 4/6/07
Standards.
1107....................... Coating of Metal Parts and 1/6/06
Products.
1113....................... Architectural Coatings..... 6/9/06
1132....................... Further Control of VOC 5/5/06
Emissions From High-
Emitting Spray Booth
Facilities.
1146.2..................... Emission of Oxides of 5/5/06
Nitrogen From Large Water
Heaters and Small Boilers.
1162....................... Polyester Resin Operations. 7/8/05
1171....................... Solvent Cleaning Operations 7/14/06
1173....................... Control of Volatile Organic 6/1/07
Compound Leaks and
Releases From Components
at Petroleum Facilities
and Chemical Plants.
1178....................... Further Reductions of VOC 4/7/06
Emissions From Storage
Tanks at Petroleum
Facilities.
1403....................... Asbestos Emissions From 11/6/06
Demolition/Renovation
Activities.
1470....................... Requirements for Stationary 6/1/07
Diesel-Fueled Internal
Combustion and Other
Compression Ignition
Engines.
2004....................... Requirements............... 4/6/07
2007....................... Trading Requirements....... 4/6/07
2010....................... Administrative Remedies and 4/6/07
Sanctions.
------------------------------------------------------------------------
3. After review of the requirements submitted by the Ventura County
APCD against the criteria set forth above and in 40 CFR part 55, EPA is
proposing to make the following District requirements applicable to OCS
sources:
[[Page 64565]]
------------------------------------------------------------------------
Adoption or
Rule No. Name amended date
------------------------------------------------------------------------
42......................... Permit Fees................ 4/10/07
------------------------------------------------------------------------
III. Administrative Requirements
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to Office of Management and Budget (``OMB'')
review and the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 and is therefore not subject to OMB
Review. These rules implement requirements specifically and explicitly
set forth by the Congress in section 328 of the Clean Air Act, without
the exercise of any policy discretion by EPA. These OCS rules already
apply in the COA, and EPA has no evidence to suggest that these OCS
rules have created an adverse material effect. As required by section
328 of the Clean Air Act, this action simply updates the existing OCS
requirements to make them consistent with rules in the COA.
B. Paperwork Reduction Act
The OMB has approved the information collection requirements
contained in 40 CFR part 55, and by extension this update to the rules,
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. and has assigned OMB control number 2060-0249. Notice of OMB's
approval of EPA Information Collection Request (``ICR'') No. 1601.06
was published in the Federal Register on March 1, 2006 (71 FR 10499-
10500). The approval expires January 31, 2009. As EPA previously
indicated (70 FR 65897-65898 (November 1, 2005)), the annual public
reporting and recordkeeping burden for collection of information under
40 CFR part 55 is estimated to average 549 hours per response. Burden
means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9 and are identified on
the form and/or instrument, if applicable. In addition, EPA is amending
the table in 40 CFR part 9 of currently approved OMB control numbers
for various regulations to list the regulatory citations for the
information requirements contained in this final rule.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
These rules will not have a significant economic impact on a
substantial number of small entities. These rules implement
requirements specifically and explicitly set forth by the Congress in
section 328 of the Clean Air Act, without the exercise of any policy
discretion by EPA. These OCS rules already apply in the COA, and EPA
has no evidence to suggest that these OCS rules have had a significant
economic impact on a substantial number of small entities. As required
by section 328 of the Clean Air Act, this action simply updates the
existing OCS requirements to make them consistent with rules in the
COA. Therefore, I certify that this action will not have a significant
economic impact on a substantial number of small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA''),
Public Law 104-4, establishes requirements for Federal agencies to
assess the effects of their regulatory actions on State, local, and
tribal governments and the private sector. Under section 202 of the
UMRA, EPA generally must prepare written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures to State, local, and tribal
governments, in the aggregate, or to the private sector, of $100
million of more in any one year.
Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with
[[Page 64566]]
the regulatory requirements. Today's proposed rules contain no Federal
mandates (under the regulatory provisions of Title II of the UMRA) for
State, local, or tribal governments or the private sector that may
result in expenditures of $100 million or more for State, local, or
tribal governments, in the aggregate, or to the private sector in any
one year. These rules implement requirements specifically and
explicitly set forth by the Congress in section 328 of the Clean Air
Act without the exercise of any policy discretion by EPA. These OCS
rules already apply in the COA, and EPA has no evidence to suggest that
these OCS rules have created an adverse material effect. As required by
section 328 of the Clean Air Act, this action simply updates the
existing OCS requirements to make them consistent with rules in the
COA.
E. Executive Order 13132, Federalism
Executive Orders 13132, entitled ``Federalism'' (64 FR 43255
(August 10, 1999)), requires EPA to develop an accountable process to
ensure ``meaningful and timely input by State and local officials in
the development of regulatory policies that have federalism
implications.'' ``Policies that have federalism implications'' is
defined in the Executive Order to include regulations that have
``substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.''
This proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. These rules implement
requirements specifically and explicitly set forth by the Congress in
section 328 of the Clean Air Act, without the exercise of any policy
discretion by EPA. As required by section 328 of the Clean Air Act,
this rule simply updates the existing OCS rules to make them consistent
with current COA requirements. These rules do not amend the existing
provisions within 40 CFR part 55 enabling delegation of OCS regulations
to a COA, and this rule does not require the COA to implement the OCS
rules. Thus, Executive Order 13132 does not apply to this rule.
In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and state and local
governments, EPA specifically solicits comments on this proposed rule
from State and local officials.
F. Executive Order 13175, Coordination With Indian Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This rule does not have a
substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes and thus does not have ``tribal
implications,'' within the meaning of Executive Order 13175. This rule
implements requirements specifically and explicitly set forth by the
Congress in section 328 of the Clean Air Act, without the exercise of
any policy discretion by EPA. As required by section 328 of the Clean
Air Act, this rule simply updates the existing OCS rules to make them
consistent with current COA requirements. In addition, this rule does
not impose substantial direct compliance costs tribal governments, nor
preempt tribal law. Consultation with Indian tribes is therefore not
required under Executive Order 13175. Nonetheless, in the spirit of
Executive Order 13175 and consistent with EPA policy to promote
communications between EPA and tribes, EPA specifically solicits
comments on this proposed rule from tribal officials.
G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885 (April 23, 1997)), applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This proposed rule is not subject to Executive Order 13045 because
it is not economically significant as defined in Executive Order 12866.
In addition, the Agency does not have reason to believe the
environmental health or safety risks addressed by this action present a
disproportional risk to children.
H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use
This proposed rule is not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it
is not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable laws
or otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decided not to use
available and applicable voluntary consensus standards.
As discussed above, these rules implement requirements specifically
and explicitly set forth by the Congress in section 328 of the Clean
Air Act, without the exercise of any policy discretion by EPA. As
required by section 328 of the Clean Air Act, this rule simply updates
the existing OCS rules to make them consistent with current COA
requirements. In the absence of a prior existing requirement for the
state to use voluntary consensus standards and in light of the fact
that EPA is required to make the OCS rules consistent with current COA
requirements, it would be inconsistent with applicable law for EPA to
use voluntary consensus standards in this action. Therefore, EPA is not
considering the use of any voluntary consensus standards. EPA welcomes
comments on this aspect of the proposed rulemaking and, specifically,
invites the public to identify potentially-applicable voluntary
consensus standards and to explain why
[[Page 64567]]
such standards should be used in this regulation.
List of Subjects in 40 CFR Part 55
Environmental protection, Administrative practice and procedures,
Air pollution control, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Nitrogen oxides, Outer
Continental Shelf, Ozone, Particulate matter, Permits, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: November 2, 2007.
Laura Yoshii,
Acting Regional Administrator, Region IX.
Title 40 of the Code of Federal Regulations, part 55, is proposed
to be amended as follows:
PART 55--[AMENDED]
1. The authority citation for part 55 continues to read as follows:
Authority: Section 328 of the Clean Air Act (42 U.S.C. 7401 et
seq.) as amended by Public Law 101-549.
2. Section 55.14 is amended by revising paragraphs (e)(3)(ii)(F),
(G), and (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) * * *
(F) Santa Barbara County Air Pollution Control District
Requirements Applicable to OCS Sources.
(G) South Coast Air Quality Management District Requirements
Applicable to OCS Sources (Part I, II and Part III).
(H) Ventura County Air Pollution Control District Requirements
Applicable to OCS Sources.
* * * * *
3. Appendix A to CFR part 55 is amended by revising paragraphs
(b)(6), (7), and (8) under the heading ``California'' to read as
follows:
Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, by State
* * * * *
California
(b) * * *
(6) The following requirements are contained in Santa Barbara
County Air Pollution Control District Requirements Applicable to OCS
Sources:
Rule 102 Definitions (Adopted 01/20/05)
Rule 103 Severability (Adopted 10/23/78)
Rule 106 Notice to Comply for Minor Violations (Repealed 01/01/2001)
Rule 107 Emergencies (Adopted 04/19/01)
Rule 201 Permits Required (Adopted 04/17/97)
Rule 202 Exemptions to Rule 201 (Adopted 03/17/05)
Rule 203 Transfer (Adopted 04/17/97)
Rule 204 Applications (Adopted 04/17/97)
Rule 205 Standards for Granting Permits (Adopted 04/17/97)
Rule 206 Conditional Approval of Authority to Construct or Permit to
Operate (Adopted 10/15/91)
Rule 207 Denial of Application (Adopted 10/23/78)
Rule 210 Fees (Adopted 03/17/05)
Rule 212 Emission Statements (Adopted 10/20/92)
Rule 219 Equipment Not Requiring a Written Permit Pursuant to
Regulation II (Adopted 6/1/07)
Rule 301 Circumvention (Adopted 10/23/78)
Rule 302 Visible Emissions (Adopted 10/23/78)
Rule 304 Particulate Matter--Northern Zone (Adopted 10/23/78)
Rule 305 Particulate Matter Concentration--Southern Zone (Adopted
10/23/78)
Rule 306 Dust and Fumes--Northern Zone (Adopted 10/23/78)
Rule 307 Particulate Matter Emission Weight Rate--Southern Zone
(Adopted 10/23/78)
Rule 308 Incinerator Burning (Adopted 10/23/78)
Rule 309 Specific Contaminants (Adopted 10/23/78)
Rule 310 Odorous Organic Sulfides (Adopted 10/23/78)
Rule 311 Sulfur Content of Fuels (Adopted 10/23/78)
Rule 312 Open Fires (Adopted 10/02/90)
Rule 316 Storage and Transfer of Gasoline (Adopted 04/17/97)
Rule 317 Organic Solvents (Adopted 10/23/78)
Rule 318 Vacuum Producing Devices or Systems--Southern Zone (Adopted
10/23/78)
Rule 321 Solvent Cleaning Operations (Adopted 09/18/97)
Rule 322 Metal Surface Coating Thinner and Reducer (Adopted 10/23/
78)
Rule 323 Architectural Coatings (Adopted 11/15/01)
Rule 324 Disposal and Evaporation of Solvents (Adopted 10/23/78)
Rule 325 Crude Oil Production and Separation (Adopted 07/19/01)
Rule 326 Storage of Reactive Organic Compound Liquids (Adopted 01/
18/01)
Rule 327 Organic Liquid Cargo Tank Vessel Loading (Adopted 12/16/85)
Rule 328 Continuous Emission Monitoring (Adopted 10/23/78)
Rule 330 Surface Coating of Metal Parts and Products (Adopted 01/20/
00)
Rule 331 Fugitive Emissions Inspection and Maintenance (Adopted 12/
10/91)
Rule 332 Petroleum Refinery Vacuum Producing Systems, Wastewater
Separators and Process Turnarounds (Adopted 06/11/79)
Rule 333 Control of Emissions from Reciprocating Internal Combustion
Engines (Adopted 04/17/97)
Rule 342 Control of Oxides of Nitrogen (NOX) from
Boilers, Steam Generators and Process Heaters (Adopted 04/17/97)
Rule 343 Petroleum Storage Tank Degassing (Adopted 12/14/93)
Rule 344 Petroleum Sumps, Pits, and Well Cellars (Adopted 11/10/94)
Rule 346 Loading of Organic Liquid Cargo Vessels (Adopted 01/18/01)
Rule 352 Natural Gas-Fired Fan-Type Central Furnaces and Residential
Water Heaters (Adopted 09/16/99)
Rule 353 Adhesives and Sealants (Adopted 08/19/99)
Rule 359 Flares and Thermal Oxidizers (Adopted 06/28/94)
Rule 360 Emissions of Oxides of Nitrogen from Large Water Heaters
and Small Boilers (Adopted 10/17/02)
Rule 370 Potential to Emit--Limitations for Part 70 Sources (Adopted
06/15/95)
Rule 505 Breakdown Conditions Sections A., B.1,. and D. only
(Adopted 10/23/78)
Rule 603 Emergency Episode Plans (Adopted 06/15/81)
Rule 702 General Conformity (Adopted 10/20/94)
Rule 801 New Source Review (Adopted 04/17/97)
Rule 802 Nonattainment Review (Adopted 04/17/97)
Rule 803 Prevention of Significant Deterioration (Adopted 04/17/97)
Rule 804 Emission Offsets (Adopted 04/17/97)
Rule 805 Air Quality Impact Analysis and Modeling (Adopted 04/17/97)
Rule 808 New Source Review for Major Sources of Hazardous Air
Pollutants (Adopted 05/20/99)
Rule 1301 Part 70 Operating Permits--General Information (Adopted
06/19/03)
Rule 1302 Part 70 Operating Permits--Permit Application (Adopted 11/
09/93)
Rule 1303 Part 70 Operating Permits--Permits (Adopted 11/09/93)
Rule 1304 Part 70 Operating Permits--Issuance, Renewal, Modification
and Reopening (Adopted 11/09/93)
Rule 1305 Part 70 Operating Permits--Enforcement (Adopted 11/09/93)
(7) The following requirements are contained in South Coast Air
Quality Management District Requirements Applicable to OCS Sources
(Part I, II and III):
Rule 102 Definition of Terms (Adopted 12/3/04)
Rule 103 Definition of Geographical Areas (Adopted 01/9/76)
Rule 104 Reporting of Source Test Data and Analyses (Adopted 01/9/
76)
Rule 108 Alternative Emission Control Plans (Adopted 04/6/90)
Rule 109 Recordkeeping for Volatile Organic Compound Emissions
(Adopted 08/18/00)
Rule 112 Definition of Minor Violation and Guidelines for Issuance
of Notice to Comply (Adopted 11/13/98)
Rule 118 Emergencies (Adopted 12/07/95)
Rule 201 Permit to Construct (Adopted 12/03/04)
Rule 201.1 Permit Conditions in Federally Issued Permits to
Construct (Adopted 12/03/04)
Rule 202 Temporary Permit to Operate (Adopted 12/03/04)
[[Page 64568]]
Rule 203 Permit to Operate (Adopted 12/03/04)
Rule 204 Permit Conditions (Adopted 03/6/92)
Rule 205 Expiration of Permits to Construct (Adopted 01/05/90)
Rule 206 Posting of Permit to Operate (Adopted 01/05/90)
Rule 207 Altering or Falsifying of Permit (Adopted 01/09/76)
Rule 208 Permit and Burn Authorization for Open Burning (Adopted 12/
21/01)
Rule 209 Transfer and Voiding of Permits (Adopted 01/05/90)
Rule 210 Applications (Adopted 01/05/90)
Rule 212 Standards for Approving Permits (Adopted 12/07/95) except
(c)(3) and (e)
Rule 214 Denial of Permits (Adopted 01/05/90)
Rule 217 Provisions for Sampling and Testing Facilities (Adopted 01/
05/90)
Rule 218 Continuous Emission Monitoring (Adopted 05/14/99)
Rule 218.1 Continuous Emission Monitoring Performance Specifications
(Adopted 05/14/99)
Rule 218.1 Attachment A--Supplemental and Alternative CEMS
Performance Requirements (Adopted 05/14/99)
Rule 219 Equipment Not Requiring a Written Permit Pursuant to
Regulation II (Adopted 5/5/06)
Rule 220 Exemption--Net Increase in Emissions (Adopted 08/07/81)
Rule 221 Plans (Adopted 01/04/85)
Rule 301 Permitting and Associated Fees (Adopted 5/7/07) except
(e)(7) and Table IV
Rule 304 Equipment, Materials, and Ambient Air Analyses (Adopted 5/
7/07)
Rule 304.1 Analyses Fees (Adopted 5/7/07)
Rule 305 Fees for Acid Deposition (Rescinded 6/9/06)
Rule 306 Plan Fees (Adopted 5/4/07)
Rule 309 Fees for Regulation XVI (Adopted 5/7/07)
Rule 401 Visible Emissions (Adopted 11/09/01)
Rule 403 Fugitive Dust (Adopted 06/03/05)
Rule 404 Particulate Matter--Concentration (Adopted 02/07/86)
Rule 405 Solid Particulate Matter--Weight (Adopted 02/07/86)
Rule 407 Liquid and Gaseous Air Contaminants (Adopted 04/02/82)
Rule 408 Circumvention (Adopted 05/07/76)
Rule 409 Combustion Contaminants (Adopted 08/07/81)
Rule 429 Start-Up and Shutdown Exemption Provisions for Oxides of
Nitrogen (Adopted 12/21/90)
Rule 430 Breakdown Provisions, (a) and (b) only (Adopted 07/12/96)
Rule 431.1 Sulfur Content of Gaseous Fuels (Adopted 06/12/98)
Rule 431.2 Sulfur Content of Liquid Fuels (Adopted 09/15/00)
Rule 431.3 Sulfur Content of Fossil Fuels (Adopted 05/7/76)
Rule 441 Research Operations (Adopted 05/7/76)
Rule 442 Usage of Solvents (Adopted 12/15/00)
Rule 444 Open Burning (Adopted 12/21/01)
Rule 463 Organic Liquid Storage (Adopted 05/06/05)
Rule 465 Refinery Vacuum-Producing Devices or Systems (Adopted 08/
13/99)
Rule 468 Sulfur Recovery Units (Adopted 10/08/76)
Rule 473 Disposal of Solid and Liquid Wastes (Adopted 05/07/76)
Rule 474 Fuel Burning Equipment-Oxides of Nitrogen (Adopted 12/04/
81)
Rule 475 Electric Power Generating Equipment (Adopted 08/07/78)
Rule 476 Steam Generating Equipment (Adopted 10/08/76)
Rule 480 Natural Gas Fired Control Devices (Adopted 10/07/77)
Addendum to Regulation IV (Effective 1977)
Rule 518 Variance Procedures for Title V Facilities (Adopted 08/11/
95)
Rule 518.1 Permit Appeal Procedures for Title V Facilities (Adopted
08/11/95)
Rule 518.2 Federal Alternative Operating Conditions (Adopted 12/21/
01)
Rule 701 Air Pollution Emergency Contingency Actions (Adopted 06/13/
97)
Rule 702 Definitions (Adopted 07/11/80)
Rule 708 Plans (Rescinded 09/08/95)
Regulation IX Standard of Performance For New Stationary Sources
(Adopted 4/6/07)
Reg. X National Emission Standards for Hazardous Air Pollutants
(NESHAPS) (Adopted 12/2/05)
Rule 1105.1 Reduction of PM10 And Ammonia Emissions From
Fluid Catalytic Cracking Units (Adopted 11/07/03)
Rule 1106 Marine Coating Operations (Adopted 01/13/95)
Rule 1107 Coating of Metal Parts and Products (Adopted 1/6/06)
Rule 1109 Emissions of Oxides of Nitrogen for Boilers and Process
Heaters in Petroleum Refineries (Adopted 08/05/88)
Rule 1110 Emissions from Stationary Internal Combustion Engines
(Demonstration) (Repealed 11/14/97)
Rule 1110.1 Emissions from Stationary Internal Combustion Engines
(Rescinded 06/03/05)
Rule 1110.2 Emissions from Gaseous and Liquid Fueled Engines
(Adopted 06/03/05)
Rule 1113 Architectural Coatings (Adopted 06/09/06)
Rule 1116.1 Lightering Vessel Operations--Sulfur Content of Bunker
Fuel (Adopted 10/20/78)
Rule 1121 Control of Nitrogen Oxides from Residential-Type Natural
Gas-Fired Water Heaters (Adopted 09/03/04)
Rule 1122 Solvent Degreasers (Adopted 10/01/04)
Rule 1123 Refinery Process Turnarounds (Adopted 12/07/90)
Rule 1125 Metal Container, Closure, and Coil Coating Operations
(Adopted 01/13/95)
Rule 1129 Aerosol Coatings (Adopted 03/08/96)
Rule 1132 Further Control of VOC Emissions from High-Emitting Spray
Booth Facilities (Adopted 05/05/06)
Rule 1134 Emissions of Oxides of Nitrogen from Stationary Gas
Turbines (Adopted 08/08/97)
Rule 1136 Wood Products Coatings (Adopted 06/14/96)
Rule 1137 PM10 Emission Reductions from Woodworking Operations
(Adopted 02/01/02)
Rule 1140 Abrasive Blasting (Adopted 08/02/85)
Rule 1142 Marine Tank Vessel Operations (Adopted 07/19/91)
Rule 1146 Emissions of Oxides of Nitrogen from Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters (Adopted 11/17/00)
Rule 1146.1 Emission of Oxides of Nitrogen from Small Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters (Adopted 05/13/94)
Rule 1146.2 Emissions of Oxides of Nitrogen from Large Water Heaters
and Small Boilers (Adopted 05/05/06)
Rule 1148 Thermally Enhanced Oil Recovery Wells (Adopted 11/05/82)
Rule 1149 Storage Tank Cleaning And Degassing (Adopted 07/14/95)
Rule 1162 Polyester Resin Operations (Adopted 07/08/05)
Rule 1168 Adhesive and Sealant Applications (Adopted 01/07/05)
Rule 1171 Solvent Cleaning Operations (Adopted 07/14/06)
Rule 1173 Control of Volatile Organic Compounds Leaks and Releases
From Components At Petroleum Facilities and Chemical Plants (Adopted
06/01/07)
Rule 1176 VOC Emissions from Wastewater Systems (Adopted 09/13/96)
Rule 1178 Further Reductions of VOC Emissions from Storage Tanks at
Petroleum Facilities (Adopted 04/07/06)
Rule 1301 General (Adopted 12/07/95)
Rule 1302 Definitions (Adopted 12/06/02)
Rule 1303 Requirements (Adopted 12/06/02)
Rule 1304 Exemptions (Adopted 06/14/96)
Rule 1306 Emission Calculations (Adopted 12/06/02)
Rule 1313 Permits to Operate (Adopted 12/07/95)
Rule 1403 Asbestos Emissions from Demolition/Renovation Activities
(Adopted 11/06/06)
Rule 1470 Requirements for Stationary Diesel-Fueled Internal
Combustion and Other Compression Ignition Engines (Adopted 06/01/07)
Rule 1605 Credits for the Voluntary Repair of On-Road Motor Vehicles
Identified Through Remote Sensing Devices (Adopted 10/11/96)
Rule 1610 Old-Vehicle Scrapping (Adopted 02/12/99)
Rule 1612 Credits for Clean On-Road Vehicles (Adopted 07/10/98)
Rule 1612.1 Mobile Source Credit Generation Pilot Program (Adopted
03/16/01)
Rule 1620 Credits for Clean Off-Road Mobile Equipment (Adopted 07/
10/98)
Rule 1701 General (Adopted 08/13/99)
Rule 1702 Definitions (Adopted 08/13/99)
Rule 1703 PSD Analysis (Adopted 10/07/88)
Rule 1704 Exemptions (Adopted 08/13/99)
Rule 1706 Emission Calculations (Adopted 08/13/99)
Rule 1713 Source Obligation (Adopted 10/07/88)
Regulation XVII Appendix (effective 1977)
[[Page 64569]]
Rule 1901 General Conformity (Adopted 09/09/94)
Regulation XX Regional Clean Air Incentives Market (Reclaim)
Rule 2000 General (Adopted 05/06/05)
Rule 2001 Applicability (Adopted 05/06/05)
Rule 2002 Allocations for Oxides of Nitrogen (NOX) and
Oxides of Sulfur (SOx) (Adopted 01/07/05)
Rule 2004 Requirements (Adopted 04/06/07) except (l)
Rule 2005 New Source Review for RECLAIM (Adopted 05/06/05) except
(i)
Rule 2006 Permits (Adopted 05/11/01)
Rule 2007 Trading Requirements (Adopted 04/06/07)
Rule 2008 Mobile Source Credits (Adopted 10/15/93)
Rule 2009 Compliance Plan for Power Producing Facilities (Adopted
01/07/05)
Rule 2010 Administrative Remedies and Sanctions (Adopted 04/06/07)
Rule 2011 Requirements for Monitoring, Reporting, and Recordkeeping
for Oxides of Sulfur (SOx) Emissions (Adopted 05/06/05)
Appendix A Volume IV--(Protocol for oxides of sulfur) (Adopted 05/
06/05)
Rule 2012 Requirements for Monitoring, Reporting, and Recordkeeping
for Oxides of Nitrogen (NOX) Emissions (Adopted 05/06/05)
Appendix A Volume V--(Protocol for oxides of nitrogen) (Adopted 05/
06/05)
Rule 2015 Backstop Provisions (Adopted 06/04/04) except (b)(1)(G)
and (b)(3)(B)
Rule 2020 RECLAIM Reserve (Adopted 05/11/01)
Rule 2100 Registration of Portable Equipment (Adopted 07/11/97)
Rule 2506 Area Source Credits for NOX and SOx (Adopted
12/10/99)
XXX Title V Permits
Rule 3000 General (Adopted 11/14/97)
Rule 3001 Applicability (Adopted 11/14/97)
Rule 3002 Requirements (Adopted 11/14/97)
Rule 3003 Applications (Adopted 03/16/01)
Rule 3004 Permit Types and Content (Adopted 12/12/97)
Rule 3005 Permit Revisions (Adopted 03/16/01)
Rule 3006 Public Participation (Adopted 11/14/97)
Rule 3007 Effect of Permit (Adopted 10/08/93)
Rule 3008 Potential To Emit Limitations (Adopted 03/16/01)
XXXI Acid Rain Permit Program (Adopted 02/10/95)
(8) The following requirements are contained in Ventura County
Air Pollution Control District Requirements Applicable to OCS
Sources:
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 04/10/07)
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)
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, Wastewater 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)
[[Page 64570]]
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. E7-22457 Filed 11-15-07; 8:45 am]
BILLING CODE 6560-50-P