Outer Continental Shelf Air Regulations Consistency Update for California, 49136-49141 [E8-19336]

Download as PDF 49136 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Commandant Instruction M16475.lD and Department of Homeland Security Management Directive 5100.1, which guide the U.S. Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination under the Instruction that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, we believe that this rule should be categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction, from further environmental documentation. As a proposal to establish a regulated navigation area, this rule meets the criteria outlined in paragraph (34)(g). A preliminary ‘‘Environmental Analysis Check List’’ is available in the docket where indicated under ADDRESSES. Comments on this section will be considered before we make the final decision on whether this rule should be categorically excluded from further environmental review. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: dwashington3 on PRODPC61 with PROPOSALS Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.1324 to read as follows: § 165.1324 Regulated Navigation Area; Thea Foss and Wheeler-Osgood Waterway EPA Superfund Cleanup Site, Commencement Bay, Tacoma, WA. (a) Regulated Areas. The following areas are regulated navigation areas: VerDate Aug<31>2005 15:35 Aug 19, 2008 Jkt 214001 (1) All waters of the Thea Foss and Wheeler-Osgood Waterways bounded by a line connecting the following points: Point 1: 47°15′43.0513″ N, 122°26′22.9718″ W; Point 2: 47°15′43.0920″ N, 122°26′20.5400″ W; Point 3: 47°15′42.1625″ N, 122°26′19.0741″ W; Point 4: 47°15′40.9149″ N, 122°26′18.2348″ W; Point 5: 47°15′40.5821″ N, 122°26′19.3051″ W; Point 6: 47°15′38.9184″ N, 122°26′18.1889″ W; Point 7: 47°15′38.4275″ N, 122°26′19.7759″ W. [Datum: NAD 1983]. (2) All waters of the Thea Foss and Wheeler-Osgood Waterways bounded by a line connecting the following points: Point 1: 47°15′22.1992″ N, 122°25′57.2126″ W; Point 2: 47°15′22.1465″ N, 122°25′58.5186″ W; Point 3: 47°15′20.8927″ N, 122°25′59.1811″ W; Point 4: 47°15′19.7138″ N, 122°25′59.0136″ W; Point 5: 47°15′18.6957″ N, 122°25′57.4348″ W; Point 6: 47°15′18.9079″ N, 122°25′56.5456″ W. [Datum: NAD 1983]. (3) All waters of the Thea Foss and Wheeler-Osgood Waterways south of a line bounded by connecting the following points: Point 1: 47°15′13.9421″ N, 122°26′05.5628″ W; Point 2: 47°15′15.0083″ N, 122°25′55.1405″ W. [Datum: NAD 1983]. (b) Regulations. All vessels and persons are prohibited from activities that would disturb the seabed, such as anchoring, dragging, trawling, spudding, or other activities that involve disrupting the integrity of the cap in the designated regulated navigation area. Vessels may otherwise transit or navigate within this area without reservation. (c) Waiver. The Captain of the Port (COTP) Puget Sound, upon advice from the U.S. Environmental Protection Agency (USEPA) Project Manager and the Washington State Department of Natural Resources, may, upon written request, authorize a waiver from this section if the COTP Puget Sound determines that the proposed operation supports USEPA remedial objectives, or can be performed in a manner that ensures the integrity of the sediment cap. A written request must describe the intended operation, state the need, and describe the proposed precautionary measures. Requests should be submitted in triplicate to Commander (dpw), 13th Coast Guard District, 915 2nd Avenue, Room 3510, Seattle, WA 98174–1067 to facilitate review by USEPA, U.S. Coast Guard, and the Washington State Department of Natural Resources. USEPA managed remedial design, remedial action, habitat mitigation, or monitoring activities associated with the PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 Thea Foss and Wheeler-Osgood Waterway Superfund Site are excluded from the waiver requirement. USEPA is required, however, to alert the U.S. Coast Guard in advance concerning any of the above-mentioned activities that may, or will, take place in the Regulated Area. Dated: July 28, 2008. John P. Currier, Rear Admiral, U.S. Coast Guard Commander, Thirteenth Coast Guard District. [FR Doc. E8–19211 Filed 8–19–08; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 55 [OAR–2004–0091; FRL–8707–2] Outer Continental Shelf Air Regulations Consistency Update for California Environmental Protection Agency (EPA). ACTION: Proposed rule—Consistency Update. 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 Act’’). The portions of the OCS air regulations that are being updated pertain to the requirements for OCS sources by the Ventura County Air Pollution Control District (Ventura County APCD). The intended effect of approving the OCS requirements for the Ventura County APCD is to regulate emissions from OCS sources in accordance with the requirements onshore. The change to the existing requirements discussed below is proposed to be incorporated by reference into the Code of Federal Regulations and is listed in the appendix to the OCS air regulations. DATES: Any comments must arrive by September 19, 2008. ADDRESSES: Submit comments, identified by docket number OAR– 2004–0091, by one of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions. 2. E-mail: steckel.andrew@epa.gov. E:\FR\FM\20AUP1.SGM 20AUP1 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules dwashington3 on PRODPC61 with PROPOSALS 3. Mail or deliver: Andrew Steckel (Air–4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. Instructions: All comments will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through www.regulations.gov or e-mail. www.regulations.gov is an ‘‘anonymous access’’ system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Cynthia Allen, Air Division (Air–4), U.S. EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105, (415) 947–4120, allen.cynthia@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Background Information A. 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? 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 VerDate Aug<31>2005 15:35 Aug 19, 2008 Jkt 214001 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 J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations I. Background Information A. 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 in the COA. Because the OCS requirements are based on onshore requirements, and onshore requirements may change, section 328(a)(1) requires that EPA update the OCS requirements as necessary to maintain consistency with onshore requirements. Pursuant to § 55.12 of the OCS rule, consistency reviews will occur (1) At least annually; (2) upon receipt of a Notice of Intent under § 55.4; or (3) when a state or local agency submits a rule to EPA to be considered for incorporation by reference in part 55. This proposed action is being taken in response to the submittal of requirements submitted by the Ventura County APCD. 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 background and information on the OCS regulations. 2 Each COA which has been delegated the authority to implement and enforce part 55 will use its administrative and procedural rules as onshore. PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 49137 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 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: 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). E:\FR\FM\20AUP1.SGM 20AUP1 49138 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules Adoption or amended date Rule No. Name 23 ................................... 42 ................................... 44 ................................... 74.12 .............................. Exemptions from Permit .......................................................................................................................... Permit Fees ............................................................................................................................................. Exemptions Evaluation Fee .................................................................................................................... Surface Coating of Metal Parts and Products ........................................................................................ 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. dwashington3 on PRODPC61 with PROPOSALS 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 VerDate Aug<31>2005 15:35 Aug 19, 2008 Jkt 214001 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. PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 4/8/08 4/8/08 4/8/08 4/8/08 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 a written statement, including a cost-benefit analysis, for proposed and final rules with ‘‘Federal mandates’’ that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most costeffective 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 as to 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. E:\FR\FM\20AUP1.SGM 20AUP1 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules dwashington3 on PRODPC61 with PROPOSALS The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. Today’s proposed rules contain no Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, local, or tribal governments or the private sector that may result in expenditures of $100 million or more for State, local, or tribal governments, in the aggregate, or to the private sector in any one year. These rules implement requirements specifically and explicitly set forth by the Congress in section 328 of the Clean Air Act without the exercise of any policy discretion by EPA. These OCS rules already apply in the COA, and EPA has no evidence to suggest that these OCS rules have created an adverse material effect. As required by section 328 of the Clean Air Act, this action simply updates the existing OCS requirements to make them consistent with rules in the COA. E. Executive Order 13132, Federalism Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255 (August 10, 1999)), requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.’’ ‘‘Policies that have federalism implications’’ is defined in the Executive Order to include regulations that have ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ This 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 VerDate Aug<31>2005 15:35 Aug 19, 2008 Jkt 214001 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 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 49139 action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. This proposed rule is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866. In addition, the Agency does not have reason to believe the environmental health or safety risks addressed by this action present a disproportional risk to children. H. Executive Order 13211, Actions That Significantly Affect Energy Supply, Distribution, or Use This proposed rule is not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (‘‘NTTAA’’), Public Law No. 104–113, (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 E:\FR\FM\20AUP1.SGM 20AUP1 49140 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules dwashington3 on PRODPC61 with PROPOSALS considering the use of any voluntary consensus standards. EPA welcomes comments on this aspect of the proposed rulemaking and, specifically, invites the public to identify potentially-applicable voluntary consensus standards and to explain why such standards should be used in this regulation. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA lacks the discretionary authority to address environmental justice in this proposed action. 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. Although EPA lacks authority to modify today’s regulatory decision on the basis of environmental justice considerations, EPA nevertheless explored this issue and found the following. This action, namely, updating the OCS rules to make them consistent with current COA requirements, will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it increases the level of environmental protection for all affected populations without having any disproportionately high and adverse human health or environmental effects on any population, including any minority or low-income population. Environmental justice considerations may be appropriate to consider in the context of a specific OCS permit application. List of Subjects in 40 CFR Part 55 Environmental protection, Administrative practice and procedures, Air pollution control, Hydrocarbons, Incorporation by reference, VerDate Aug<31>2005 15:35 Aug 19, 2008 Jkt 214001 Intergovernmental relations, Nitrogen dioxide, Nitrogen oxides, Outer Continental Shelf, Ozone, Particulate matter, Permits, Reporting and recordkeeping requirements, Sulfur oxides. Dated: July 24, 2008. Kathleen H. Johnson, Acting Regional Administrator, Region IX. Title 40, Chapter I, of the Code of Federal Regulations is proposed to be amended as follows: PART 55—[AMENDED] 1. The authority citation for part 55 continues to read as follows: Authority: Section 328 of the Clean Air Act (42 U.S.C. 7401 et seq.) as amended by Public Law 101–549. 2. Section 55.14 is amended by revising paragraph (e)(3)(ii)(H) to read as follows: § 55.14 Requirements that apply to OCS sources located within 25 miles of States’ seaward boundaries, by State. * * * * * (e) * * * (3) * * * (ii) * * * (H) Ventura County Air Pollution Control District Requirements Applicable to OCS Sources. * * * * * 3. Appendix A to CFR Part 55 is amended by revising paragraph (b)(8) under the heading ‘‘California’’ to read as follows: Appendix A to Part 55—Listing of State and Local Requirements Incorporated by Reference Into Part 55, by State * * * * * California (b) * * * (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) PO 00000 Frm 00032 Fmt 4702 Sfmt 4700 Rule 20 Transfer of Permit (Adopted 05/23/ 72) Rule 23 Exemptions from Permits (Adopted 04/08/08) 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 04/08/08) Rule 44 Exemption Evaluation Fee (Adopted 04/08/08) 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) E:\FR\FM\20AUP1.SGM 20AUP1 dwashington3 on PRODPC61 with PROPOSALS Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules 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, Waste-water Separators and Process Turnarounds (Adopted 07/05/83) Rule 74.9 Stationary Internal Combustion Engines (Adopted 11/08/05) Rule 74.10 Components at Crude Oil Production Facilities and Natural Gas Production and Processing Facilities (Adopted 03/10/98) Rule 74.11 Natural Gas-Fired Residential Water Heaters-Control of NOX (Adopted 04/09/85) Rule 74.11.1 Large Water Heaters and Small Boilers (Adopted 09/14/99) Rule 74.12 Surface Coating of Metal Parts and Products (Adopted 04/08/08) 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) VerDate Aug<31>2005 15:35 Aug 19, 2008 Jkt 214001 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. E8–19336 Filed 8–19–08; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF VETERANS AFFAIRS 48 CFR Parts 802, 804, 808, 809, 810, 813, 815, 819, 828, and 852 RIN 2900–AM92 VA Acquisition Regulation: Supporting Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses Department of Veterans Affairs. ACTION: Proposed rule. 49141 conditions. The proposed rule would implement these special acquisition methods as a change to the VA Acquisition Regulation (VAAR). DATES: Comments on the proposed rule should be submitted on or before October 20, 2008 to be considered in the formulation of the final rule. ADDRESSES: Written comments may be submitted through www.Regulations.gov; by mail or handdelivery to Director, Regulations Management (02REG), Department of Veterans Affairs, 810 Vermont Ave., NW., Room 1068, Washington, DC 20420; or by fax to (202) 273–9026. Comments should indicate that they are submitted in response to ‘‘RIN 2900– AM92—VA Acquisition Regulation: Supporting Veteran-Owned and ServiceDisabled Veteran-Owned Small Businesses.’’ All comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m., Monday through Friday (except holidays). Please call (202) 461–4902 for an appointment. This is not a toll-free number. In addition, during the comment period, comments are available online through the Federal Docket Management System (FDMS) at www.Regulations.gov. FOR FURTHER INFORMATION CONTACT: Derek Underwood, Acquisition Policy Division (049P1A), Office of Acquisition and Logistics, Department of Veterans Affairs, 810 Vermont Ave., NW., Washington, DC, 20420, telephone number (202) 461–6865 (not a toll-free number) or e-mail Derek.Underwood@va.gov. SUPPLEMENTARY INFORMATION: AGENCY: Background This proposed rule would implement portions of the Veterans Benefits, Health Care, and Information Technology Act of 2006 and Executive Order 13360, Providing Opportunities for Service-Disabled Veteran Businesses to Increase Their Federal Contracting and Subcontracting. The Public Law and Executive Order authorize the Department of Veterans Affairs (VA) to establish special methods for contracting with service-disabled veteran-owned small businesses (SDVOSBs) and veteran-owned small businesses (VOSBs). Under this proposed rule, a VA contracting officer could restrict competition in contracting for SDVOSBs or VOSBs under certain conditions. Likewise, sole source contracts with SDVOSBs or VOSBs would be permitted under certain VA’s mission is to serve veterans. Buying from SDVOSBs and VOSBs directly supports VA’s mission. Supporting service-disabled veterans who own businesses contributes significantly in restoring their quality of life while enhancing transition from active duty to civilian life. Such acquisitions maintain the socioeconomic well-being of the Nation and carry out VA’s strategic goals. Section 1.102–2(d) of the Federal Acquisition Regulation (FAR) (codified at 48 CFR chapter 1) provides that the Federal Acquisition System ‘‘must support the attainment of public policy goals adopted by the Congress and the President.’’ It is public policy, as expressed in 15 U.S.C. 637 and 644 that SDVOSBs and VOSBs, among others, shall have the maximum practicable opportunity to participate in the SUMMARY: PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\20AUP1.SGM 20AUP1

Agencies

[Federal Register Volume 73, Number 162 (Wednesday, August 20, 2008)]
[Proposed Rules]
[Pages 49136-49141]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19336]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[OAR-2004-0091; FRL-8707-2]


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 Ventura County Air Pollution 
Control District (Ventura County APCD). The intended effect of 
approving the OCS requirements for the Ventura County APCD is to 
regulate emissions from OCS sources in accordance with the requirements 
onshore. The change to the existing requirements discussed below is 
proposed to be incorporated by reference into the Code of Federal 
Regulations and is listed in the appendix to the OCS air regulations.

DATES: Any comments must arrive by September 19, 2008.

ADDRESSES: Submit comments, identified by docket number OAR-2004-0091, 
by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. E-mail: steckel.andrew@epa.gov.

[[Page 49137]]

    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Information that you 
consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or e-mail. 
www.regulations.gov is an ``anonymous access'' system, and EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send e-mail directly to EPA, your e-mail 
address will be automatically captured and included as part of the 
public comment. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 
IX, 75 Hawthorne Street, San Francisco, California. While all documents 
in the docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available in either location (e.g., CBI). 
To inspect the hard copy materials, please schedule an appointment 
during normal business hours with the contact listed in the FOR FURTHER 
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Cynthia Allen, Air Division (Air-4), 
U.S. EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105, (415) 
947-4120, allen.cynthia@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background Information
    A. 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
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. Background Information

A. 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 in the COA. Because 
the OCS requirements are based on onshore requirements, and onshore 
requirements may change, section 328(a)(1) requires that EPA update the 
OCS requirements as necessary to maintain consistency with onshore 
requirements.
---------------------------------------------------------------------------

    \1\ The reader may refer to the Notice of Proposed Rulemaking, 
December 5, 1991 (56 FR 63774), and the preamble to the final rule 
promulgated September 4, 1992 (57 FR 40792) for further background 
and information on the OCS regulations.
---------------------------------------------------------------------------

    Pursuant to Sec.  55.12 of the OCS rule, consistency reviews will 
occur (1) At least annually; (2) upon receipt of a Notice of Intent 
under Sec.  55.4; or (3) when a state or local agency submits a rule to 
EPA to be considered for incorporation by reference in part 55. This 
proposed action is being taken in response to the submittal of 
requirements submitted by the Ventura County APCD. Public comments 
received in writing within 30 days of publication of this document will 
be considered by EPA before publishing a final rule. Section 328(a) of 
the Act requires that EPA establish requirements to control air 
pollution from OCS sources located within 25 miles of States' seaward 
boundaries that are the same as onshore requirements. To comply with 
this statutory mandate, EPA must incorporate applicable onshore rules 
into part 55 as they exist onshore. This limits EPA's flexibility in 
deciding which requirements will be incorporated into part 55 and 
prevents EPA from making substantive changes to the requirements it 
incorporates. As a result, EPA may be incorporating rules into part 55 
that do not conform to all of EPA's state implementation plan (SIP) 
guidance or certain requirements of the Act. Consistency updates may 
result in the inclusion of state or local rules or regulations into 
part 55, even though the same rules may ultimately be disapproved for 
inclusion as part of the SIP. Inclusion in the OCS rule does not imply 
that a rule meets the requirements of the Act for SIP approval, nor 
does it imply that the rule will be approved by EPA for inclusion in 
the SIP.

II. EPA's Evaluation

A. What criteria were used to evaluate rules submitted to update 40 CFR 
part 55?

    In updating 40 CFR part 55, EPA reviewed the rules submitted for 
inclusion in part 55 to ensure that they are rationally related to the 
attainment or maintenance of federal or state ambient air quality 
standards or part C of title I of the Act, that they are not designed 
expressly to prevent exploration and development of the OCS and that 
they are applicable to OCS sources. 40 CFR 55.1. EPA has also evaluated 
the rules to ensure they are not arbitrary or capricious. 40 CFR 
55.12(e). In addition, EPA has excluded administrative or procedural 
rules,\2\ and requirements that regulate toxics which are not related 
to the attainment and maintenance of federal and state ambient air 
quality standards.
---------------------------------------------------------------------------

    \2\ Each COA which has been delegated the authority to implement 
and enforce part 55 will use its administrative and procedural rules 
as onshore. However, in those instances where EPA has not delegated 
authority to implement and enforce part 55, EPA will use its own 
administrative and procedural requirements to implement the 
substantive requirements. 40 CFR 55.14(c)(4).
---------------------------------------------------------------------------

B. What requirements were submitted to update 40 CFR part 55?

    1. After review of the requirements submitted by the Ventura County 
APCD against the criteria set forth above and in 40 CFR part 55, EPA is 
proposing to make the following District requirements applicable to OCS 
sources:

[[Page 49138]]



------------------------------------------------------------------------
                                                            Adoption or
            Rule No.                       Name            amended date
------------------------------------------------------------------------
23.............................  Exemptions from Permit.          4/8/08
42.............................  Permit Fees............          4/8/08
44.............................  Exemptions Evaluation            4/8/08
                                  Fee.
74.12..........................  Surface Coating of               4/8/08
                                  Metal Parts and
                                  Products.
------------------------------------------------------------------------

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 a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local, and tribal 
governments, in the aggregate, or to the private sector, of $100 
million or more in any one year. Before promulgating an EPA rule for 
which a written statement is needed, section 205 of the UMRA generally 
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 as to 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.

[[Page 49139]]

The plan must provide for notifying potentially affected small 
governments, enabling officials of affected small governments to have 
meaningful and timely input in the development of EPA regulatory 
proposals with significant Federal intergovernmental mandates, and 
informing, educating, and advising small governments on compliance with 
the regulatory requirements. Today's proposed rules contain no Federal 
mandates (under the regulatory provisions of Title II of the UMRA) for 
State, local, or tribal governments or the private sector that may 
result in expenditures of $100 million or more for State, local, or 
tribal governments, in the aggregate, or to the private sector in any 
one year. These rules implement requirements specifically and 
explicitly set forth by the Congress in section 328 of the Clean Air 
Act without the exercise of any policy discretion by EPA. These OCS 
rules already apply in the COA, and EPA has no evidence to suggest that 
these OCS rules have created an adverse material effect. As required by 
section 328 of the Clean Air Act, this action simply updates the 
existing OCS requirements to make them consistent with rules in the 
COA.

E. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255 (August 
10, 1999)), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This 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 No. 104-113, (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

[[Page 49140]]

considering the use of any voluntary consensus standards. EPA welcomes 
comments on this aspect of the proposed rulemaking and, specifically, 
invites the public to identify potentially-applicable voluntary 
consensus standards and to explain why such standards should be used in 
this regulation.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States. EPA lacks the discretionary authority 
to address environmental justice in this proposed action. 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.
    Although EPA lacks authority to modify today's regulatory decision 
on the basis of environmental justice considerations, EPA nevertheless 
explored this issue and found the following. This action, namely, 
updating the OCS rules to make them consistent with current COA 
requirements, will not have disproportionately high and adverse human 
health or environmental effects on minority or low-income populations 
because it increases the level of environmental protection for all 
affected populations without having any disproportionately high and 
adverse human health or environmental effects on any population, 
including any minority or low-income population. Environmental justice 
considerations may be appropriate to consider in the context of a 
specific OCS permit application.

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: July 24, 2008.
Kathleen H. Johnson,
Acting Regional Administrator, Region IX.

    Title 40, Chapter I, of the Code of Federal Regulations is proposed 
to be amended as follows:

PART 55--[AMENDED]

    1. The authority citation for part 55 continues to read as follows:

    Authority: Section 328 of the Clean Air Act (42 U.S.C. 7401 et 
seq.) as amended by Public Law 101-549.

    2. Section 55.14 is amended by revising paragraph (e)(3)(ii)(H) to 
read as follows:


Sec.  55.14  Requirements that apply to OCS sources located within 25 
miles of States' seaward boundaries, by State.

* * * * *
    (e) * * *
    (3) * * *
    (ii) * * *
    (H) Ventura County Air Pollution Control District Requirements 
Applicable to OCS Sources.
* * * * *
    3. Appendix A to CFR Part 55 is amended by revising paragraph 
(b)(8) under the heading ``California'' to read as follows:

Appendix A to Part 55--Listing of State and Local Requirements 
Incorporated by Reference Into Part 55, by State

* * * * *
    California
    (b) * * *
    (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 04/08/08)
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 04/08/08)
Rule 44 Exemption Evaluation Fee (Adopted 04/08/08)
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)

[[Page 49141]]

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, Waste-water Separators 
and Process Turnarounds (Adopted 07/05/83)
Rule 74.9 Stationary Internal Combustion Engines (Adopted 11/08/05)
Rule 74.10 Components at Crude Oil Production Facilities and Natural 
Gas Production and Processing Facilities (Adopted 03/10/98)
Rule 74.11 Natural Gas-Fired Residential Water Heaters-Control of 
NOX (Adopted 04/09/85)
Rule 74.11.1 Large Water Heaters and Small Boilers (Adopted 09/14/
99)
Rule 74.12 Surface Coating of Metal Parts and Products (Adopted 04/
08/08)
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. E8-19336 Filed 8-19-08; 8:45 am]
BILLING CODE 6560-50-P