Outer Continental Shelf Air Regulations Consistency Update for California, 62907-62910 [E8-24856]
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Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 55
[OAR–2004–0091; FRL–8731–5]
Outer Continental Shelf Air
Regulations Consistency Update for
California
Environmental Protection
Agency (‘‘EPA’’).
ACTION: Final rule; consistency update.
AGENCY:
SUMMARY: EPA is finalizing the updates
of the Outer Continental Shelf (‘‘OCS’’)
Air Regulations proposed in the Federal
Register on August 13 and 20, 2008.
Requirements applying to OCS sources
located within 25 miles of states’
seaward boundaries must be updated
periodically to remain consistent with
the requirements of the corresponding
onshore area (‘‘COA’’), as mandated by
section 328(a)(1) of the Clean Air Act
Amendments of 1990 (‘‘the Act’’). The
portions of the OCS air regulations that
are being updated pertain to the
requirements for OCS sources for which
the Santa Barbara County Air Pollution
Control District (Santa Barbara County
APCD) and Ventura County Air
Pollution Control District (Ventura
County APCD) are the designated COA.
The intended effect of approving the
requirements contained in ‘‘Santa
Barbara County Air Pollution Control
District Requirements Applicable to
OCS Sources’’ (August, 2008) and
‘‘Ventura County Air Pollution Control
District Requirements Applicable to
OCS Sources’’ (July, 2008) is to regulate
emissions from OCS sources in
accordance with the requirements
onshore.
Effective Date: This rule is
effective on November 21, 2008.
The incorporation by reference of
certain publications listed in this rule is
approved by the Director of the Federal
Register as of November 21, 2008.
ADDRESSES: EPA has established docket
number OAR–2004–0091 for this action.
The index to the docket is available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California. While all documents in the
docket are listed in the index, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material), and some may
not be publicly available in either
location (e.g., CBI). To inspect the hard
copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
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Cynthia G. Allen, Air Division, U.S.
EPA Region IX, (415) 947–4120,
allen.cynthia@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to U.S. EPA.
Organization of this document: The
following outline is provided to aid in
locating information in this preamble.
Table of Contents
I. Background
II. Public Comment
III. EPA Action
IV. Administrative Requirements
I. Background
On August 13, 2008 (73 FR 47114)
and August 20, 2008 (73 FR 49136), EPA
proposed to approve requirements into
the OCS Air Regulations pertaining to
Santa Barbara County APCD and
Ventura County APCD. These
requirements are being promulgated in
response to the submittal of rules from
these California air pollution control
agencies. EPA has evaluated the
proposed requirements to ensure that
they are rationally related to the
attainment or maintenance of federal or
state ambient air quality standards or
Part C of title I of the Act, that they are
not designed expressly to prevent
exploration and development of the
OCS and that they are applicable to OCS
sources. 40 CFR 55.1. EPA has also
evaluated the rules to ensure that they
are not arbitrary or capricious. 40 CFR
55.12(e). In addition, EPA has excluded
administrative or procedural rules.
Section 328(a) of the Act requires that
EPA establish requirements to control
air pollution from OCS sources located
within 25 miles of states’ seaward
boundaries that are the same as onshore
requirements. To comply with this
statutory mandate, EPA must
incorporate applicable onshore rules
into part 55 as they exist onshore. This
limits EPA’s flexibility in deciding
which requirements will be
incorporated into part 55 and prevents
EPA from making substantive changes
to the requirements it incorporates. As
a result, EPA may be incorporating rules
into part 55 that do not conform to all
of EPA’s state implementation plan
(SIP) guidance or certain requirements
of the Act. Consistency updates may
result in the inclusion of state or local
rules or regulations into part 55, even
though the same rules may ultimately be
disapproved for inclusion as part of the
SIP. Inclusion in the OCS rule does not
imply that a rule meets the requirements
of the Act for SIP approval, nor does it
imply that the rule will be approved by
EPA for inclusion in the SIP.
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II. Public Comment
EPA’s proposed actions provided a
30-day public comment period. During
this period, we received no comments
on the proposed actions.
III. EPA Action
In this document, EPA takes final
action to incorporate the proposed
changes into 40 CFR part 55. No
changes were made to the proposed
actions. EPA is approving the proposed
actions under section 328(a)(1) of the
Act, 42 U.S.C. 7627. Section 328(a) of
the Act requires that EPA establish
requirements to control air pollution
from OCS sources located within 25
miles of states’ seaward boundaries that
are the same as onshore requirements.
To comply with this statutory mandate,
EPA must incorporate applicable
onshore rules into Part 55 as they exist
onshore.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to establish
requirements to control air pollution
from OCS sources located within 25
miles of States’ seaward boundaries that
are the same as onshore air control
requirements. To comply with this
statutory mandate, EPA must
incorporate applicable onshore rules
into part 55 as they exist onshore. 42
U.S.C. 7627(a)(1); 40 CFR 55.12. Thus,
in promulgating OCS consistency
updates, EPA’s role is to maintain
consistency between OCS regulations
and the regulations of onshore areas,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
action simply updates the existing OCS
requirements to make them consistent
with requirements onshore, without the
exercise of any policy discretion by
EPA. For that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
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safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because it 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,
nor does it impose substantial direct
compliance costs on tribal governments,
nor preempt tribal law.
Under the provisions of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq., OMB has approved the
information collection requirements
contained in 40 CFR part 55 and, by
extension, this update to the rules, 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;
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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,
the table in 40 CFR part 9 of currently
approved OMB control numbers for
various regulations lists the regulatory
citations for the information
requirements contained in 40 CFR part
55.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 22,
2008. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 55
Environmental protection,
Administrative practice and procedures,
Air pollution control, Hydrocarbons,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Nitrogen oxides, Outer
Continental Shelf, Ozone, Particulate
matter, Permits, Reporting and
Recordkeeping requirements, Sulfur
oxides.
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Dated: September 24, 2008.
Wayne Nastri,
Regional Administrator, Region IX.
Title 40 of the Code of Federal
Regulations, part 55, is 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)(F) 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, August
2008.
*
*
*
*
*
(H) Ventura County Air Pollution
Control District Requirements
Applicable to OCS Sources, July 2008.
*
*
*
*
*
■ 3. Appendix A to CFR Part 55 is
amended by revising paragraphs (b)(6)
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 06/19/08)
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 06/19/
08)
Rule 202 Exemptions to Rule 201 (Adopted
06/19/08)
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)
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Rule 219 Equipment Not Requiring a
Written Permit Pursuant to Regulation II
(Adopted 06/1/07)
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 06/19/08)
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)
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Rule 360 Emissions of Oxides of Nitrogen
from Large Water Heaters and Small
Boilers (Adopted 10/17/02)
Rule 361 Small Boilers, Steam Generators,
and Process Heaters (Adopted 01/17/08)
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)
*
*
*
*
*
(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)
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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)
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)
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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)
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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. E8–24856 Filed 10–21–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 40
[Docket OST–2003–15245]
RIN 2105–AD55
Procedures for Transportation
Workplace Drug and Alcohol Testing
Programs
Office of the Secretary, DOT.
Response to comments.
AGENCY:
ACTION:
SUMMARY: The Department is issuing
this notice to respond to comments on
the amendment to 49 CFR 40.67(b)
issued as part of a final rule on June 25,
2008. The Department is not changing
this amendment, which will go into
effect, as scheduled, on November 1,
2008. Beginning on that date, direct
observation collections will be required
for all return-to-duty and follow-up
tests. When additional testing
methodologies appropriate for use in
return-to-duty and follow-up testing
(e.g., oral fluid and sweat specimens)
are approved by the Department of
Health and Human Services and
adopted by the Department, the
Department intends to make these
methods available to employers and
employees as an alternative to direct
observation urine testing in these
situations.
The effective date of 49 CFR
40.67(b), as amended by the Department
on June 25, 2008, and delayed on
August 26, 2008, is November 1, 2008.
FOR FURTHER INFORMATION CONTACT: Jim
L. Swart, Director, U.S. Department of
Transportation, Office of Drug and
Alcohol Policy and Compliance, 1200
DATES:
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
New Jersey Avenue, SE., Washington,
DC 20590; (202) 366–3784 (voice), (202)
366–3897 (fax), or jim.swart@dot.gov; or
Robert C. Ashby, Deputy Assistant
General Counsel for Regulation and
Enforcement, U.S. Department of
Transportation, same address, (202)
366–9310 (voice), (202) 366–9313 (fax),
or bob.ashby@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
On October 31, 2005, the Department
of Transportation issued a notice of
proposed rulemaking (NPRM) to amend
49 CFR Part 40, the Department’s drug
and alcohol testing procedures rule (70
FR 62276). The primary purpose of the
NPRM was to propose making specimen
validity testing (SVT) mandatory.
Mandatory SVT is an important step in
combating the safety problem of
cheating on drug tests. Based on this
NPRM, the Department issued a final
rule on June 25, 2008 (73 FR 35961).
The final rule included two provisions
(49 CFR 40.67(b) and (i)) concerning the
use of direct observation (DO)
collections, another significant tool the
Department uses to combat cheating.
Petitioners, including the Association
of American Railroads (AAR), joined by
the American Short Line and Regional
Railroad Association; the Transportation
Trades Department (TTD) of the
American Federation of Labor and
Congress of Industrial Organizations
(AFL–CIO); the International
Brotherhood of Teamsters; and the Air
Transport Association (ATA), joined by
the Regional Airline Association (RAA),
asked the Department to delay the
effective date of these two provisions,
seek further comment on them, and
reconsider them. In response to these
petitions, the Department issued a
notice delaying the effective date of 49
CFR 40.67(b) until November 1, 2008
(73 FR 50222; August 26, 2008). We
opened a comment period on that
provision, which closed on September
25, 2008. The Department did not delay
the effective date of 49 CFR 40.67(i),
which went into effect, as scheduled, on
August 25, 2008.
The history of DO collections under
Part 40 goes back to the beginnings of
the Department’s drug testing program.
The principle that animates this history
is that DO, because it is intrusive, is not
appropriate to use in the great mass of
testing situations (e.g., all preemployment and random tests), but only
in those situations in which there is a
heightened incentive to cheat or
circumstances demonstrating the
likelihood of cheating. In this way, the
Department has maintained the proper
balance between the legitimate privacy
E:\FR\FM\22OCR1.SGM
22OCR1
Agencies
[Federal Register Volume 73, Number 205 (Wednesday, October 22, 2008)]
[Rules and Regulations]
[Pages 62907-62910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24856]
[[Page 62907]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[OAR-2004-0091; FRL-8731-5]
Outer Continental Shelf Air Regulations Consistency Update for
California
AGENCY: Environmental Protection Agency (``EPA'').
ACTION: Final rule; consistency update.
-----------------------------------------------------------------------
SUMMARY: EPA is finalizing the updates of the Outer Continental Shelf
(``OCS'') Air Regulations proposed in the Federal Register on August 13
and 20, 2008. Requirements applying to OCS sources located within 25
miles of states' seaward boundaries must be updated periodically to
remain consistent with the requirements of the corresponding onshore
area (``COA''), as mandated by section 328(a)(1) of the Clean Air Act
Amendments of 1990 (``the Act''). The portions of the OCS air
regulations that are being updated pertain to the requirements for OCS
sources for which the Santa Barbara County Air Pollution Control
District (Santa Barbara County APCD) and Ventura County Air Pollution
Control District (Ventura County APCD) are the designated COA. The
intended effect of approving the requirements contained in ``Santa
Barbara County Air Pollution Control District Requirements Applicable
to OCS Sources'' (August, 2008) and ``Ventura County Air Pollution
Control District Requirements Applicable to OCS Sources'' (July, 2008)
is to regulate emissions from OCS sources in accordance with the
requirements onshore.
DATES: Effective Date: This rule is effective on November 21, 2008.
The incorporation by reference of certain publications listed in
this rule is approved by the Director of the Federal Register as of
November 21, 2008.
ADDRESSES: EPA has established docket number OAR-2004-0091 for this
action. The index to the docket is available electronically at
www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While all documents in the docket
are listed in the index, some information may be publicly available
only at the hard copy location (e.g., copyrighted material), and some
may not be publicly available in either location (e.g., CBI). To
inspect the hard copy materials, please schedule an appointment during
normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen, Air Division, U.S.
EPA Region IX, (415) 947-4120, allen.cynthia@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' or ``our'' refer to U.S. EPA.
Organization of this document: The following outline is provided to
aid in locating information in this preamble.
Table of Contents
I. Background
II. Public Comment
III. EPA Action
IV. Administrative Requirements
I. Background
On August 13, 2008 (73 FR 47114) and August 20, 2008 (73 FR 49136),
EPA proposed to approve requirements into the OCS Air Regulations
pertaining to Santa Barbara County APCD and Ventura County APCD. These
requirements are being promulgated in response to the submittal of
rules from these California air pollution control agencies. EPA has
evaluated the proposed requirements to ensure that they are rationally
related to the attainment or maintenance of federal or state ambient
air quality standards or Part C of title I of the Act, that they are
not designed expressly to prevent exploration and development of the
OCS and that they are applicable to OCS sources. 40 CFR 55.1. EPA has
also evaluated the rules to ensure that they are not arbitrary or
capricious. 40 CFR 55.12(e). In addition, EPA has excluded
administrative or procedural rules.
Section 328(a) of the Act requires that EPA establish requirements
to control air pollution from OCS sources located within 25 miles of
states' seaward boundaries that are the same as onshore requirements.
To comply with this statutory mandate, EPA must incorporate applicable
onshore rules into part 55 as they exist onshore. This limits EPA's
flexibility in deciding which requirements will be incorporated into
part 55 and prevents EPA from making substantive changes to the
requirements it incorporates. As a result, EPA may be incorporating
rules into part 55 that do not conform to all of EPA's state
implementation plan (SIP) guidance or certain requirements of the Act.
Consistency updates may result in the inclusion of state or local rules
or regulations into part 55, even though the same rules may ultimately
be disapproved for inclusion as part of the SIP. Inclusion in the OCS
rule does not imply that a rule meets the requirements of the Act for
SIP approval, nor does it imply that the rule will be approved by EPA
for inclusion in the SIP.
II. Public Comment
EPA's proposed actions provided a 30-day public comment period.
During this period, we received no comments on the proposed actions.
III. EPA Action
In this document, EPA takes final action to incorporate the
proposed changes into 40 CFR part 55. No changes were made to the
proposed actions. EPA is approving the proposed actions under section
328(a)(1) of the Act, 42 U.S.C. 7627. Section 328(a) of the Act
requires that EPA establish requirements to control air pollution from
OCS sources located within 25 miles of states' seaward boundaries that
are the same as onshore requirements. To comply with this statutory
mandate, EPA must incorporate applicable onshore rules into Part 55 as
they exist onshore.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to establish
requirements to control air pollution from OCS sources located within
25 miles of States' seaward boundaries that are the same as onshore air
control requirements. To comply with this statutory mandate, EPA must
incorporate applicable onshore rules into part 55 as they exist
onshore. 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in promulgating OCS
consistency updates, EPA's role is to maintain consistency between OCS
regulations and the regulations of onshore areas, provided that they
meet the criteria of the Clean Air Act. Accordingly, this action simply
updates the existing OCS requirements to make them consistent with
requirements onshore, without the exercise of any policy discretion by
EPA. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or
[[Page 62908]]
safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because it 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, nor does it impose
substantial direct compliance costs on tribal governments, nor preempt
tribal law.
Under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501
et seq., OMB has approved the information collection requirements
contained in 40 CFR part 55 and, by extension, this update to the
rules, 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, the table in 40
CFR part 9 of currently approved OMB control numbers for various
regulations lists the regulatory citations for the information
requirements contained in 40 CFR part 55.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 22, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 55
Environmental protection, Administrative practice and procedures,
Air pollution control, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Nitrogen oxides, Outer
Continental Shelf, Ozone, Particulate matter, Permits, Reporting and
Recordkeeping requirements, Sulfur oxides.
Dated: September 24, 2008.
Wayne Nastri,
Regional Administrator, Region IX.
0
Title 40 of the Code of Federal Regulations, part 55, is amended as
follows:
PART 55--[AMENDED]
0
1. The authority citation for part 55 continues to read as follows:
Authority: Section 328 of the Clean Air Act (42 U.S.C. 7401 et
seq.) as amended by Public Law 101-549.
0
2. Section 55.14 is amended by revising paragraph (e)(3)(ii)(F) 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, August 2008.
* * * * *
(H) Ventura County Air Pollution Control District Requirements
Applicable to OCS Sources, July 2008.
* * * * *
0
3. Appendix A to CFR Part 55 is amended by revising paragraphs (b)(6)
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 06/19/08)
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 06/19/08)
Rule 202 Exemptions to Rule 201 (Adopted 06/19/08)
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)
[[Page 62909]]
Rule 219 Equipment Not Requiring a Written Permit Pursuant to
Regulation II (Adopted 06/1/07)
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 06/19/08)
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 361 Small Boilers, Steam Generators, and Process Heaters
(Adopted 01/17/08)
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)
* * * * *
(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)
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)
[[Page 62910]]
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. E8-24856 Filed 10-21-08; 8:45 am]
BILLING CODE 6560-50-P