[Federal Register: March 23, 2006 (Volume 71, Number 56)]
[Proposed Rules]
[Page 14662-14665]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr06-16]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[OAR-2006-0091; FRL-8048-4]
Outer Continental Shelf Air Regulations Consistency Update for
California
AGENCY: Environmental Protection Agency (``EPA'').
ACTION: Proposed rule--consistency update.
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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 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 April 24, 2006.
ADDRESSES: Submit comments, identified by docket number OAR-2006-0091,
by one of the following methods:
1. Federal eRulemaking Portal: http://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 http://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
http://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.
Docket: The index to the docket for this action is available
electronically at http://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:
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.
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\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.
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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
[[Page 14663]]
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.
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\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).
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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:
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Adoption or
Rule No. Name amended date
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42...................................... Permit Fees........................................ 04/12/05
72...................................... New Source Performance Standards (NSPS)............ 09/13/05
73...................................... National Emission Standards for Hazardous Air 09/13/05
Pollutants (NESHAPS).
74.9.................................... Stationary Internal Combustion Engines............. 11/08/05
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III. Administrative Requirements
A. Executive Order 12866, Regulatory Planning and Review
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''
B. Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.)
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
This rule will not have a significant impact on a substantial
number of small entities because SIP approvals under section 110 and
subchapter I, part D of the Clean Air Act do not create any new
requirements but simply approve requirements that the State is already
imposing. Therefore, because the Federal SIP approval does not create
any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under
the Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
D. Unfunded Mandates Reform Act
Under sections 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
E. Executive Order 13132, Federalism
Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 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.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal Government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with
[[Page 14664]]
State and local officials early in the process of developing the
proposed regulation.
This rule 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, because it
merely approves a state rule implementing a federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. Thus, the
requirements of section 6 of the Executive Order do not apply to this
rule.
F. Executive Order 13175, Coordination With Indian Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
tribal implications, as specified in Executive Order 13175. It will not
have substantial direct effects on tribal governments, 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. Thus, Executive Order 13175 does not
apply to this rule.
G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks
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 rule is not subject to Executive Order 13045 because it does
not involve decisions intended to mitigate environmental health or
safety risks.
H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use
This 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 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.
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: March 3, 2006.
Laura Yoshii,
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.
* * * * *
Appendix to Part 55--[Amended]
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 40 CFR 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 4/13/04)
Rule 5: Effective Date (Adopted 4/13/04)
Rule 6: Severability (Adopted 11/21/78)
Rule 7: Zone Boundaries (Adopted 6/14/77)
Rule 10: Permits Required (Adopted 4/13/04)
Rule 11: Definition for Regulation II (Adopted 6/13/95)
Rule 12: Application for Permits (Adopted 6/13/95)
Rule 13: Action on Applications for an Authority to Construct
(Adopted 6/13/95)
Rule 14: Action on Applications for a Permit to Operate (Adopted 6/
13/95)
Rule 15.1: Sampling and Testing Facilities (Adopted 10/12/93)
Rule 16: BACT Certification (Adopted 6/13/95)
Rule 19: Posting of Permits (Adopted 5/23/72)
Rule 20: Transfer of Permit (Adopted 5/23/72)
Rule 23: Exemptions from Permits (Revised 4/13/04)
Rule 24: Source Recordkeeping, Reporting, and Emission Statements
(Adopted 9/15/92)
Rule 26: New Source Review (Adopted 10/22/91)
Rule 26.1: New Source Review--Definitions (Adopted 5/14/02)
Rule 26.2: New Source Review--Requirements (Adopted 5/14/02)
Rule 26.3: New Source Review--Exemptions (Adopted 5/14/02)
Rule 26.6: New Source Review--Calculations (Adopted 5/14/02)
Rule 26.8: New Source Review--Permit To Operate (Adopted 10/22/91)
Rule 26.10: New Source Review--PSD (Adopted 1/13/98)
Rule 26.11: New Source Review--ERC Evaluation At Time of Use
(Adopted 5/14/02)
Rule 28: Revocation of Permits (Adopted 7/18/72)
Rule 29: Conditions on Permits (Adopted 10/22/91)
Rule 30: Permit Renewal (Adopted 4/13/04)
Rule 32: Breakdown Conditions: Emergency Variances, A., B.1., and D.
only. (Adopted 2/20/79)
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Rule 33: Part 70 Permits--General (Adopted 10/12/93)
Rule 33.1: Part 70 Permits--Definitions (Adopted 4/10/01)
Rule 33.2: Part 70 Permits--Application Contents (Adopted 4/10/01)
Rule 33.3: Part 70 Permits--Permit Content (Adopted 4/10/01)
Rule 33.4: Part 70 Permits--Operational Flexibility (Adopted 4/10/
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 4/10/01)
Rule 33.8: Part 70 Permits--Reopening of Permits (Adopted 10/12/93)
Rule 33.9: Part 70 Permits--Compliance Provisions (Adopted 4/10/01)
Rule 33.10: Part 70 Permits--General Part 70 Permits (Adopted 10/12/
93)
Rule 34: Acid Deposition Control (Adopted 3/14/95)
Rule 35: Elective Emission Limits (Adopted 11/12/96)
Rule 36: New Source Review--Hazardous Air Pollutants (Adopted 10/6/
98)
Rule 42: Permit Fees (Adopted 4/12/05)
Rule 44: Exemption Evaluation Fee (Adopted 9/10/96)
Rule 45: Plan Fees (Adopted 6/19/90)
Rule 45.2: Asbestos Removal Fees (Adopted 8/4/92)
Rule 47: Source Test, Emission Monitor, and Call-Back Fees (Adopted
6/22/99)
Rule 50: Opacity (Adopted 4/13/04)
Rule 52: Particulate Matter-Concentration (Adopted 4/13/04)
Rule 53: Particulate Matter-Process Weight (Adopted 4/13/04)
Rule 54: Sulfur Compounds (Adopted 6/14/94)
Rule 56: Open Burning (Revised 11/11/03)
Rule 57: Incinerators (Adopted 1/11/05)
Rule 57.1: Particulate Matter Emissions From Fuel Burning Equipment
(Adopted 1/11/05)
Rule 62.7: Asbestos--Demolition and Renovation (Adopted 6/16/92)
Rule 63: Separation and Combination of Emissions (Adopted 11/21/78)
Rule 64: Sulfur Content of Fuels (Adopted 4/13/99)
Rule 67: Vacuum Producing Devices (Adopted 7/5/83)
Rule 68: Carbon Monoxide (Adopted 4/13/04)
Rule 71: Crude Oil and Reactive Organic Compound Liquids (Adopted
12/13/94)
Rule 71.1: Crude Oil Production and Separation (Adopted 6/16/92)
Rule 71.2: Storage of Reactive Organic Compound Liquids (Adopted 9/
26/89)
Rule 71.3: Transfer of Reactive Organic Compound Liquids (Adopted 6/
16/92)
Rule 71.4: Petroleum Sumps, Pits, Ponds, and Well Cellars (Adopted
6/8/93)
Rule 71.5: Glycol Dehydrators (Adopted 12/13/94)
Rule 72: New Source Performance Standards (NSPS) (Adopted 9/13/05)
Rule 73: National Emission Standards for Hazardous Air Pollutants
(NESHAPS) (Adopted 9/13/05)
Rule 74: Specific Source Standards (Adopted 7/6/76)
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 (Revised 11/11/03--
effective 7/1/04)
Rule 74.6.1: Batch Loaded Vapor Degreasers (Adopted 11/11/03--
effective 7/1/04)
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 7/5/83)
Rule 74.9: Stationary Internal Combustion Engines (Adopted 11/8/05)
Rule 74.10: Components at Crude Oil Production Facilities and
Natural Gas Production and Processing Facilities (Adopted 3/10/98)
Rule 74.11: Natural Gas-Fired Residential Water Heaters--Control of
NOX (Adopted 4/9/85)
Rule 74.11.1: Large Water Heaters and Small Boilers (Adopted 9/14/
99)
Rule 74.12: Surface Coating of Metal Parts and Products (Adopted 11/
11/03)
Rule 74.15: Boilers, Steam Generators and Process Heaters (Adopted
11/8/94)
Rule 74.15.1: Boilers, Steam Generators and Process Heaters (Adopted
6/13/00)
Rule 74.16: Oil Field Drilling Operations (Adopted 1/8/91)
Rule 74.20: Adhesives and Sealants (Adopted 1/11/05)
Rule 74.23: Stationary Gas Turbines (Adopted 1/08/02)
Rule 74.24: Marine Coating Operations (Revised 11/11/03)
Rule 74.24.1: Pleasure Craft Coating and Commercial Boatyard
Operations (Adopted 1/08/02)
Rule 74.26: Crude Oil Storage Tank Degassing Operations (Adopted 11/
8/94)
Rule 74.27: Gasoline and ROC Liquid Storage Tank Degassing
Operations (Adopted 11/8/94)
Rule 74.28: Asphalt Roofing Operations (Adopted 5/10/94)
Rule 74.30: Wood Products Coatings (Revised 11/11/03)
Rule 75: Circumvention (Adopted 11/27/78)
Rule 101: Sampling and Testing Facilities (Adopted 5/23/72)
Rule 102: Source Tests (Adopted 4/13/04)
Rule 103: Continuous Monitoring Systems (Adopted 2/9/99)
Rule 154: Stage 1 Episode Actions (Adopted 9/17/91)
Rule 155: Stage 2 Episode Actions (Adopted 9/17/91)
Rule 156: Stage 3 Episode Actions (Adopted 9/17/91)
Rule 158: Source Abatement Plans (Adopted 9/17/91)
Rule 159: Traffic Abatement Procedures (Adopted 9/17/91)
Rule 220: General Conformity (Adopted 5/9/95)
Rule 230: Notice to Comply (Adopted 11/9/99)
* * * * *
[FR Doc. E6-4204 Filed 3-22-06; 8:45 am]
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