Outer Continental Shelf Air Regulations Consistency Update for California, 1389-1391 [2011-242]
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Federal Register / Vol. 76, No. 6 / Monday, January 10, 2011 / Proposed Rules
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
ENVIRONMENTAL PROTECTION
AGENCY
2. Add § 165.T11–383 to read as
follows:
40 CFR Part 55
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§ 165.T11–383 Safety Zone; Centennial of
Naval Aviation Kickoff; San Diego Bay, San
Diego, CA.
(a) Location. The limits of the safety
zone are encompassed by the following
coordinates:
32°43.26′ N, 117°12.49′ W;
32°43.26′ N, 117°11.17′ W;
32°42.41′ N, 117°10.32′ W;
thence east along the shoreline to
32°42.19′ N, 117°10.03′ W;
32°41.59′ N, 117°10.17′ W;
thence west along the shoreline to
32°42.41′ N, 117°12.55′ W;
32°43.26′ N, 117°12.49′ W.
(b) Enforcement Period. This section
will be enforced from 12 p.m. to 4 p.m.
on February 12, 2011. If the event
concludes prior to the scheduled
termination time, the Captain of the Port
will cease enforcement of this safety
zone and will announce that fact via
Broadcast Notice to Mariners.
(c) Definitions. The following
definition applies to this section:
Designated representative means any
commissioned, warrant, and petty
officers of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary,
and local, State, and Federal law
enforcement vessels who have been
authorized to act on the behalf of the
Captain of the Port.
(d) Regulations. (1) Entry into, transit
through or anchoring within this safety
zone is prohibited unless authorized by
the Captain of the Port of San Diego or
his designated on-scene representative.
(2) Mariners requesting permission to
transit through the safety zone may
request authorization to do so from the
Patrol Commander (PATCOM). The
PATCOM may be contacted on VHF–FM
Channel 16.
(3) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or the
designated representative.
(4) Upon being hailed by U.S. Coast
Guard patrol personnel by siren, radio,
flashing light, or other means, the
operator of a vessel shall proceed as
directed.
(5) The Coast Guard may be assisted
by other Federal, State, or local
agencies.
Dated: December 23, 2010.
P.J. Hill,
Commander, U.S. Coast Guard, Acting
Captain of the Port San Diego.
[FR Doc. 2011–175 Filed 1–7–11; 8:45 am]
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Outer Continental Shelf Air
Regulations Consistency Update for
California
Environmental Protection
Agency (‘‘EPA’’).
ACTION: Proposed rule.
AGENCY:
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 portion of the OCS air
regulations that is being updated
pertains to the requirements for OCS
sources for which the Santa Barbara
County Air Pollution Control District
(‘‘Santa Barbara APCD’’ or ‘‘District’’) is
the designated COA. The intended effect
of approving the OCS requirements for
the Santa Barbara APCD is to regulate
emissions from OCS sources in
accordance with the requirements
onshore. The changes to the existing
requirements discussed below are
proposed to be incorporated by
reference into the Code of Federal
Regulations and listed in the appendix
to the OCS air regulations.
DATES: Any comments must arrive by
February 9, 2011.
ADDRESSES: Submit comments,
identified by docket number OAR–
2004–0091, by one of the following
methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
https://www.regulations.gov or e-mail.
SUMMARY:
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1389
https://www.regulations.gov is an
‘‘anonymous access’’ system, and EPA
will not know your identity or contact
information unless you provide it in the
body of your comment. If you send email directly to EPA, your e-mail
address will be automatically captured
and included as part of the public
comment. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While
all documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Cynthia G. 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 and Purpose
II. EPA’s Evaluation
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
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
1 See 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.
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may change, section 328(a)(1) requires
that EPA update the OCS requirements
as necessary to maintain consistency
with onshore requirements.
Pursuant to section 55.12 of the OCS
rule, consistency reviews will occur (1)
at least annually; (2) upon receipt of a
Notice of Intent under section 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 by the Santa Barbara
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
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). EPA has excluded rules that
regulate toxics, which are not related to
the attainment and maintenance of
Federal and State ambient air quality
standards.
EPA is soliciting public comments on
the issues discussed in this document or
on other relevant matters. EPA will
consider these comments before taking
final action. Interested parties may
participate in the Federal rulemaking
procedure by submitting written
comments to the EPA Region IX Office
listed in the ADDRESSES section of this
Federal Register.
III. Proposed Action
1. After review of the requirements
submitted by the Santa Barbara County
APCD against the criteria set forth above
and in 40 CFR part 55, EPA is proposing
to make the following District
requirements applicable to OCS sources.
Earlier versions of these District rules
are currently implemented on the OCS:
Adoption or
amended date
Rule No.
Name
102 .................................
202 .................................
321 .................................
Definitions ................................................................................................................................................
Exemptions to Rule 201 ..........................................................................................................................
Solvent Cleaning Machines and Solvent Cleaning .................................................................................
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IV. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
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 proposes to update the
existing OCS requirements to make
them consistent with requirements
onshore, without the exercise of any
policy discretion by EPA. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
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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
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
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09/20/10
09/20/10
09/20/10
• 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 proposed 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., 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.
OMB has approved the information
collection requirements contained in 40
CFR part 55 and, by extension, this
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update to the rules, and has assigned
OMB control number 2060–0249. Notice
of OMB’s approval of EPA Information
Collection Request (‘‘ICR’’) No. 1601.07
was published in the Federal Register
on February 17, 2009 (74 FR 7432). The
approval expires January 31, 2012. 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, using
the definition of burden provided in 44
U.S.C. 3502(2).
List of Subjects in 40 CFR Part 55
Environmental protection,
Administrative practice and procedure,
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: December 14, 2010.
Jared Blumenfeld,
Regional Administrator, Region IX.
Title 40 of the Code of Federal
Regulations, Part 55, is proposed to be
amended as follows:
PART 55—[AMENDED]
1. The authority citation for part 55
continues to read as follows:
Authority: Section 328 of the Clean Air
Act (42 U.S.C. 7401 et seq.) as amended by
Pub. L. 101–549.
2. Section 55.14 is amended by
revising paragraph (e)(3)(ii)(F) 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.
*
*
*
*
*
3. Appendix A to CFR Part 55 is
amended by revising paragraph (b)(6)
under the heading ‘‘California’’ to read as
follows:
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*
Appendix A to Part 55—Listing of State
and Local Requirements Incorporated
by Reference Into Part 55, by State
*
*
*
*
*
*
*
*
California
*
*
(b) * * *
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(6) The following requirements are
contained in Santa Barbara County Air
Pollution Control District Requirements
Applicable to OCS Sources:
Rule 102 Definitions (Adopted 09/20/10)
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
09/20/10)
Rule 203 Transfer (Adopted 04/17/97)
Rule 204 Applications (Adopted 04/17/97)
Rule 205 Standards for Granting Permits
(Adopted 04/17/97)
Rule 206 Conditional Approval of
Authority to Construct or Permit to Operate
(Adopted 10/15/91)
Rule 207 Denial of Application (Adopted
10/23/78)
Rule 210 Fees (Adopted 03/17/05)
Rule 212 Emission Statements (Adopted
10/20/92)
Rule 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 ConcentrationSouthern 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 01/15/09)
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 09/20/10)
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
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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)
*
*
*
*
*
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Agencies
[Federal Register Volume 76, Number 6 (Monday, January 10, 2011)]
[Proposed Rules]
[Pages 1389-1391]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-242]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[OAR-2004-0091; FRL-9249-8]
Outer Continental Shelf Air Regulations Consistency Update for
California
AGENCY: Environmental Protection Agency (``EPA'').
ACTION: Proposed rule.
-----------------------------------------------------------------------
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 portion of
the OCS air regulations that is being updated pertains to the
requirements for OCS sources for which the Santa Barbara County Air
Pollution Control District (``Santa Barbara APCD'' or ``District'') is
the designated COA. The intended effect of approving the OCS
requirements for the Santa Barbara APCD is to regulate emissions from
OCS sources in accordance with the requirements onshore. The changes to
the existing requirements discussed below are proposed to be
incorporated by reference into the Code of Federal Regulations and
listed in the appendix to the OCS air regulations.
DATES: Any comments must arrive by February 9, 2011.
ADDRESSES: Submit comments, identified by docket number OAR-2004-0091,
by one of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at https://www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through https://www.regulations.gov or e-mail. https://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
Docket: The index to the docket for this action is available
electronically at https://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Cynthia G. 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 and Purpose
II. EPA's Evaluation
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
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
[[Page 1390]]
may change, section 328(a)(1) requires that EPA update the OCS
requirements as necessary to maintain consistency with onshore
requirements.
---------------------------------------------------------------------------
\1\ See 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 section 55.12 of the OCS rule, consistency reviews will
occur (1) at least annually; (2) upon receipt of a Notice of Intent
under section 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 by the Santa Barbara 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
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). EPA has excluded rules that regulate toxics, which are not
related to the attainment and maintenance of Federal and State ambient
air quality standards.
EPA is soliciting public comments on the issues discussed in this
document or on other relevant matters. EPA will consider these comments
before taking final action. Interested parties may participate in the
Federal rulemaking procedure by submitting written comments to the EPA
Region IX Office listed in the ADDRESSES section of this Federal
Register.
III. Proposed Action
1. After review of the requirements submitted by the Santa Barbara
County APCD against the criteria set forth above and in 40 CFR part 55,
EPA is proposing to make the following District requirements applicable
to OCS sources. Earlier versions of these District rules are currently
implemented on the OCS:
------------------------------------------------------------------------
Adoption or
Rule No. Name amended date
------------------------------------------------------------------------
102............................ Definitions............ 09/20/10
202............................ Exemptions to Rule 201. 09/20/10
321............................ Solvent Cleaning 09/20/10
Machines and Solvent
Cleaning.
------------------------------------------------------------------------
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
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
proposes to update the existing OCS requirements to make them
consistent with requirements onshore, without the exercise of any
policy discretion by EPA. For that reason, this proposed 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 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 proposed 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., 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. OMB has approved the information
collection requirements contained in 40 CFR part 55 and, by extension,
this
[[Page 1391]]
update to the rules, and has assigned OMB control number 2060-0249.
Notice of OMB's approval of EPA Information Collection Request
(``ICR'') No. 1601.07 was published in the Federal Register on February
17, 2009 (74 FR 7432). The approval expires January 31, 2012. 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,
using the definition of burden provided in 44 U.S.C. 3502(2).
List of Subjects in 40 CFR Part 55
Environmental protection, Administrative practice and procedure,
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: December 14, 2010.
Jared Blumenfeld,
Regional Administrator, Region IX.
Title 40 of the Code of Federal Regulations, Part 55, is proposed
to be amended as follows:
PART 55--[AMENDED]
1. The authority citation for part 55 continues to read as follows:
Authority: Section 328 of the Clean Air Act (42 U.S.C. 7401 et
seq.) as amended by Pub. L. 101-549.
2. Section 55.14 is amended by revising paragraph (e)(3)(ii)(F) 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.
* * * * *
3. Appendix A to CFR Part 55 is amended by revising paragraph
(b)(6) 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 09/20/10)
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 09/20/10)
Rule 203 Transfer (Adopted 04/17/97)
Rule 204 Applications (Adopted 04/17/97)
Rule 205 Standards for Granting Permits (Adopted 04/17/97)
Rule 206 Conditional Approval of Authority to Construct or Permit to
Operate (Adopted 10/15/91)
Rule 207 Denial of Application (Adopted 10/23/78)
Rule 210 Fees (Adopted 03/17/05)
Rule 212 Emission Statements (Adopted 10/20/92)
Rule 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 01/15/09)
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 09/20/10)
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)
* * * * *
[FR Doc. 2011-242 Filed 1-7-11; 8:45 am]
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