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Rule

Outer Continental Shelf Air Regulations Consistency Update for California

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.

 

Table of Contents Back to Top

DATES: Back to Top

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: Back to Top

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: Back to Top

Cynthia G. Allen, Air Division, U.S. EPA Region IX, (415) 947-4120, allen.cynthia@epa.gov.

SUPPLEMENTARY INFORMATION: Back to Top

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 Back to Top

I. Background

II. Public Comment

III. EPA Action

IV. Administrative Requirements

I. Background Back to Top

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 Back to Top

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 Back to Top

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 Back to Top

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 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 Back to Top

Dated: September 24, 2008.

Wayne Nastri,

Regional Administrator, Region IX.

begin regulatory text

Title 40 of the Code of Federal Regulations, part 55, is amended as follows:

PART 55—[AMENDED] Back to Top

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 101.

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 Back to Top

* * * * *

California

* * * * *

(b) * * *

(6) The following requirements are contained in Santa Barbara County Air Pollution Control District Requirements Applicable to OCS Sources:

Rule 102Definitions (Adopted 06/19/08)

Rule 103Severability (Adopted 10/23/78)

Rule 106Notice to Comply for Minor Violations (Repealed 01/01/2001)

Rule 107Emergencies (Adopted 04/19/01)

Rule 201Permits Required (Adopted 06/19/08)

Rule 202Exemptions to Rule 201 (Adopted 06/19/08)

Rule 203Transfer (Adopted 04/17/97)

Rule 204Applications (Adopted 04/17/97)

Rule 205Standards for Granting Permits (Adopted 04/17/97)

Rule 206Conditional Approval of Authority to Construct or Permit to Operate (Adopted 10/15/91)

Rule 207Denial of Application (Adopted 10/23/78)

Rule 210Fees (Adopted 03/17/05)

Rule 212Emission Statements (Adopted 10/20/92)

Rule 219Equipment Not Requiring a Written Permit Pursuant to Regulation II (Adopted 06/1/07)

Rule 301Circumvention (Adopted 10/23/78)

Rule 302Visible Emissions (Adopted 10/23/78)

Rule 304Particulate Matter—Northern Zone (Adopted 10/23/78)

Rule 305Particulate Matter Concentration—Southern Zone (Adopted 10/23/78)

Rule 306Dust and Fumes—Northern Zone (Adopted 10/23/78)

Rule 307Particulate Matter Emission Weight Rate—Southern Zone (Adopted 10/23/78)

Rule 308Incinerator Burning (Adopted 10/23/78)

Rule 309Specific Contaminants (Adopted 10/23/78)

Rule 310Odorous Organic Sulfides (Adopted 10/23/78)

Rule 311Sulfur Content of Fuels (Adopted 10/23/78)

Rule 312Open Fires (Adopted 10/02/90)

Rule 316Storage and Transfer of Gasoline (Adopted 04/17/97)

Rule 317Organic Solvents (Adopted 10/23/78)

Rule 318Vacuum Producing Devices or Systems—Southern Zone (Adopted 10/23/78)

Rule 321Solvent Cleaning Operations (Adopted 09/18/97)

Rule 322Metal Surface Coating Thinner and Reducer (Adopted 10/23/78)

Rule 323Architectural Coatings (Adopted 11/15/01)

Rule 324Disposal and Evaporation of Solvents (Adopted 10/23/78)

Rule 325Crude Oil Production and Separation (Adopted 07/19/01)

Rule 326Storage of Reactive Organic Compound Liquids (Adopted 01/18/01)

Rule 327Organic Liquid Cargo Tank Vessel Loading (Adopted 12/16/85)

Rule 328Continuous Emission Monitoring (Adopted 10/23/78)

Rule 330Surface Coating of Metal Parts and Products (Adopted 01/20/00)

Rule 331Fugitive Emissions Inspection and Maintenance (Adopted 12/10/91)

Rule 332Petroleum Refinery Vacuum Producing Systems, Wastewater Separators and Process Turnarounds (Adopted 06/11/79)

Rule 333Control of Emissions from Reciprocating Internal Combustion Engines (Adopted 06/19/08)

Rule 342Control of Oxides of Nitrogen (NO X) From Boilers, Steam Generators and Process Heaters (Adopted 04/17/97)

Rule 343Petroleum Storage Tank Degassing (Adopted 12/14/93)

Rule 344Petroleum Sumps, Pits, and Well Cellars (Adopted 11/10/94)

Rule 346Loading of Organic Liquid Cargo Vessels (Adopted 01/18/01)

Rule 352Natural Gas-Fired Fan-Type Central Furnaces and Residential Water Heaters (Adopted 09/16/99)

Rule 353Adhesives and Sealants (Adopted 08/19/99)

Rule 359Flares and Thermal Oxidizers (Adopted 06/28/94)

Rule 360Emissions of Oxides of Nitrogen from Large Water Heaters and Small Boilers (Adopted 10/17/02)

Rule 361Small Boilers, Steam Generators, and Process Heaters (Adopted 01/17/08)

Rule 370Potential to Emit—Limitations for Part 70 Sources (Adopted 06/15/95)

Rule 505Breakdown Conditions Sections A., B.1., and D. only (Adopted 10/23/78)

Rule 603Emergency Episode Plans (Adopted 06/15/81)

Rule 702General Conformity (Adopted 10/20/94)

Rule 801New Source Review (Adopted 04/17/97)

Rule 802Nonattainment Review (Adopted 04/17/97)

Rule 803Prevention of Significant Deterioration (Adopted 04/17/97)

Rule 804Emission Offsets (Adopted 04/17/97)

Rule 805Air Quality Impact Analysis and Modeling (Adopted 04/17/97)

Rule 808New Source Review for Major Sources of Hazardous Air Pollutants (Adopted 05/20/99)

Rule 1301Part 70 Operating Permits—General Information (Adopted 06/19/03)

Rule 1302Part 70 Operating Permits—Permit Application (Adopted 11/09/93)

Rule 1303Part 70 Operating Permits—Permits (Adopted 11/09/93)

Rule 1304Part 70 Operating Permits—Issuance, Renewal, Modification and Reopening (Adopted 11/09/93)

Rule 1305Part 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 2Definitions (Adopted 04/13/04)

Rule 5Effective Date (Adopted 04/13/04)

Rule 6Severability (Adopted 11/21/78)

Rule 7Zone Boundaries (Adopted 06/14/77)

Rule 10Permits Required (Adopted 04/13/04)

Rule 11Definition for Regulation II (Adopted 03/14/06)

Rule 12Applications for Permits (Adopted 06/13/95)

Rule 13Action on Applications for an Authority to Construct (Adopted 06/13/95)

Rule 14Action on Applications for a Permit to Operate (Adopted 06/13/95)

Rule 15.1Sampling and Testing Facilities (Adopted 10/12/93)

Rule 16BACT Certification (Adopted 06/13/95)

Rule 19Posting of Permits (Adopted 05/23/72)

Rule 20Transfer of Permit (Adopted 05/23/72)

Rule 23Exemptions from Permits (Adopted 04/08/08)

Rule 24Source Recordkeeping, Reporting, and Emission Statements (Adopted 09/15/92)

Rule 26New Source Review—General (Adopted 03/14/06)

Rule 26.1New Source Review—Definitions (Adopted 11/14/06)

Rule 26.2New Source Review—Requirements (Adopted 05/14/02)

Rule 26.3New Source Review—Exemptions (Adopted 03/14/06)

Rule 26.6New Source Review—Calculations (Adopted 03/14/06)

Rule 26.8New Source Review—Permit To Operate (Adopted 10/22/91)

Rule 26.10New Source Review—PSD (Adopted 01/13/98)

Rule 26.11New Source Review—ERC Evaluation At Time of Use (Adopted 05/14/02)

Rule 26.12Federal Major Modifications (Adopted 06/27/06)

Rule 28Revocation of Permits (Adopted 07/18/72)

Rule 29Conditions on Permits (Adopted 03/14/06)

Rule 30Permit Renewal (Adopted 04/13/04)

Rule 32Breakdown Conditions: Emergency Variances, A., B.1., and D. only. (Adopted 02/20/79)

Rule 33Part 70 Permits—General (Adopted 09/12/06)

Rule 33.1Part 70 Permits—Definitions (Adopted 09/12/06)

Rule 33.2Part 70 Permits—Application Contents (Adopted 04/10/01)

Rule 33.3Part 70 Permits—Permit Content (Adopted 09/12/06)

Rule 33.4Part 70 Permits—Operational Flexibility (Adopted 04/10/01)

Rule 33.5Part 70 Permits—Time Frames for Applications, Review and Issuance (Adopted 10/12/93)

Rule 33.6Part 70 Permits—Permit Term and Permit Reissuance (Adopted 10/12/93)

Rule 33.7Part 70 Permits—Notification (Adopted 04/10/01)

Rule 33.8Part 70 Permits—Reopening of Permits (Adopted 10/12/93)

Rule 33.9Part 70 Permits—Compliance Provisions (Adopted 04/10/01)

Rule 33.10Part 70 Permits—General Part 70 Permits (Adopted 10/12/93)

Rule 34Acid Deposition Control (Adopted 03/14/95)

Rule 35Elective Emission Limits (Adopted 11/12/96)

Rule 36New Source Review—Hazardous Air Pollutants (Adopted 10/06/98)

Rule 42Permit Fees (Adopted 04/08/08)

Rule 44Exemption Evaluation Fee (Adopted 04/08/08)

Rule 45Plan Fees (Adopted 06/19/90)

Rule 45.2Asbestos Removal Fees (Adopted 08/04/92)

Rule 47Source Test, Emission Monitor, and Call-Back Fees (Adopted 06/22/99)

Rule 50Opacity (Adopted 04/13/04)

Rule 52Particulate Matter—Concentration (Grain Loading) (Adopted 04/13/04)

Rule 53Particulate Matter—Process Weight (Adopted 04/13/04)

Rule 54Sulfur Compounds (Adopted 06/14/94)

Rule 56Open Burning (Adopted 11/11/03)

Rule 57Incinerators (Adopted 01/11/05)

Rule 57.1Particulate Matter Emissions from Fuel Burning Equipment (Adopted 01/11/05)

Rule 62.7Asbestos—Demolition and Renovation (Adopted 09/01/92)

Rule 63Separation and Combination of Emissions (Adopted 11/21/78)

Rule 64Sulfur Content of Fuels (Adopted 04/13/99)

Rule 67Vacuum Producing Devices (Adopted 07/05/83)

Rule 68Carbon Monoxide (Adopted 04/13/04)

Rule 71Crude Oil and Reactive Organic Compound Liquids (Adopted 12/13/94)

Rule 71.1Crude Oil Production and Separation (Adopted 06/16/92)

Rule 71.2Storage of Reactive Organic Compound Liquids (Adopted 09/26/89)

Rule 71.3Transfer of Reactive Organic Compound Liquids (Adopted 06/16/92)

Rule 71.4Petroleum Sumps, Pits, Ponds, and Well Cellars (Adopted 06/08/93)

Rule 71.5Glycol Dehydrators (Adopted 12/13/94)

Rule 72New Source Performance Standards (NSPS) (Adopted 09/13/05)

Rule 73National Emission Standards for Hazardous Air Pollutants (NESHAPS) (Adopted 09/13/05)

Rule 74Specific Source Standards (Adopted 07/06/76)

Rule 74.1Abrasive Blasting (Adopted 11/12/91)

Rule 74.2Architectural Coatings (Adopted 11/13/01)

Rule 74.6Surface Cleaning and Degreasing (Adopted 11/11/03—effective 07/01/04)

Rule 74.6.1Batch Loaded Vapor Degreasers (Adopted 11/11/03—effective 07/01/04)

Rule 74.7Fugitive Emissions of Reactive Organic Compounds at Petroleum Refineries and Chemical Plants (Adopted 10/10/95)

Rule 74.8Refinery Vacuum Producing Systems, Waste-water Separators and Process Turnarounds (Adopted 07/05/83)

Rule 74.9Stationary Internal Combustion Engines (Adopted 11/08/05)

Rule 74.10Components at Crude Oil Production Facilities and Natural Gas Production and Processing Facilities (Adopted 03/10/98)

Rule 74.11Natural Gas-Fired Residential Water Heaters—Control of NO X (Adopted 04/09/85)

Rule 74.11.1Large Water Heaters and Small Boilers (Adopted 09/14/99)

Rule 74.12Surface Coating of Metal Parts and Products (Adopted 04/08/08)

Rule 74.15Boilers, Steam Generators and Process Heaters (Adopted 11/08/94)

Rule 74.15.1Boilers, Steam Generators and Process Heaters (Adopted 06/13/00)

Rule 74.16Oil Field Drilling Operations (Adopted 01/08/91)

Rule 74.20Adhesives and Sealants (Adopted 01/11/05)

Rule 74.23Stationary Gas Turbines (Adopted 1/08/02)

Rule 74.24Marine Coating Operations (Adopted 11/11/03)

Rule 74.24.1Pleasure Craft Coating and Commercial Boatyard Operations (Adopted 01/08/02)

Rule 74.26Crude Oil Storage Tank Degassing Operations (Adopted 11/08/94)

Rule 74.27Gasoline and ROC Liquid Storage Tank Degassing Operations (Adopted 11/08/94)

Rule 74.28Asphalt Roofing Operations (Adopted 05/10/94)

Rule 74.30Wood Products Coatings (Adopted 06/27/06)

Rule 75Circumvention (Adopted 11/27/78)

Rule 101Sampling and Testing Facilities (Adopted 05/23/72)

Rule 102Source Tests (Adopted 04/13/04)

Rule 103Continuous Monitoring Systems (Adopted 02/09/99)

Rule 154Stage 1 Episode Actions (Adopted 09/17/91)

Rule 155Stage 2 Episode Actions (Adopted 09/17/91)

Rule 156Stage 3 Episode Actions (Adopted 09/17/91)

Rule 158Source Abatement Plans (Adopted 09/17/91)

Rule 159Traffic Abatement Procedures (Adopted 09/17/91)

Rule 220General Conformity (Adopted 05/09/95)

Rule 230Notice to Comply (Adopted 11/09/99)

* * * * *

end regulatory text

[FR Doc. E8-24856 Filed 10-21-08; 8:45 am]

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