Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Proposed Rules 15895 

annual PM2.5 NAAQS. Today’s action 

does not address the 24-hour PM2.5

NAAQS. 

If the Macon Area continues to 

monitor attainment of the annual PM2.5

NAAQS, the requirements for the 

Macon Area to submit an attainment 

demonstration and associated RACM, a 

RFP plan, contingency measures, and 

any other planning SIPs related to 

attainment of the annual PM2.5 NAAQS 

will remain suspended. 

V. Statutory and Executive Order 

Reviews 

This action proposes to make a 

determination of attainment based on 

air quality, and would, if finalized, 

result in the suspension of certain 

Federal requirements, and it would not 

impose additional requirements beyond 

those imposed by State law. 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); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• 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 CAA; 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 1997 annual 

average PM2.5 NAAQS data 

determination for the Macon Area does 

not have Tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

the SIP is not approved to apply in 

Indian country located in the State, and 

EPA notes that it will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Particulate matter, 

Reporting and recordkeeping 

requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: March 10, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2011–6664 Filed 3–21–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0084–201112; FRL– 

9284–8] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Alabama, Georgia, 

and Tennessee: Chattanooga; 

Determination of Attaining Data for the 

1997 Annual Fine Particulate 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

determine that the Chattanooga, 

Tennessee-Georgia, fine particulate 

(PM2.5) nonattainment area (hereafter 

referred to as ‘‘the Chattanooga Area’’ or 

‘‘Area’’) has attained the 1997 annual 

average PM2.5 National Ambient Air 

Quality Standards (NAAQS). The 

Chattanooga Area is comprised of 

Hamilton County in Tennessee, Catoosa 

and Walker Counties in Georgia, and a 

portion of Jackson County in Alabama. 

This proposed determination of 

attainment is based upon complete, 

quality-assured and certified ambient air 

monitoring data for the 2007–2009 

period showing that the Area has 

monitored attainment of the 1997 

annual PM2.5 NAAQS. If EPA finalizes 

this proposed determination of 

attainment, the requirements for the 

Area to submit an attainment 

demonstration and associated 

reasonably available control measures 

(RACM), a reasonable further progress 

(RFP) plan, contingency measures, and 

other planning State Implementation 

Plan (SIP) revisions related to 

attainment of the standard shall be 

suspended so long as the Area continues 

to attain the annual PM2.5 NAAQS. 

DATES: Comments must be received on 

or before April 21, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2011–0084, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9040. 

4. Mail: EPA–R04–OAR–2011–0084, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery: Lynorae Benjamin, 

Chief, Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2011– 

0084. EPA’s policy is that all comments 

received 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 information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov website is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 


srobinson on DSKHWCL6B1PROD with PROPOSALS
15896 Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Proposed Rules 

1 ‘‘1997 Annual NAAQS’’ refers to both the 

primary and secondary standards, which are 

identical. 

2The Rossville site did not meet 75 percent data 

completeness for the 2007–2009 time period due to 

roof replacement and subsequent relocation of the 

monitor. Because the site passed data substitution 

analysis, the design value for the Area is the highest 

reading monitor, which is Tombras Avenue. 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. 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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically at http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Joel 

Huey or Sara Waterson, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Mr. Huey 

may be reached by phone at (404) 562– 

9104 or via electronic mail at 

huey.joel@epa.gov. Ms. Waterson may 

be reached by phone at (404) 562–9061 

or via electronic mail at 

waterson.sara@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action Is EPA taking? 

II. What Is the background for this action? 

III. Does the Chattanooga area meet the 

annual PM2.5 NAAQS? 

A. Criteria 

B. Chattanooga Area Air Quality 

IV. What Is the effect of this action? 

V. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is proposing to determine that 

the Chattanooga Area (comprised of 

Hamilton, Catoosa, and Walker Counties 

in their entireties and a portion of 

Jackson County) has attaining data for 

the 1997 annual PM2.5 NAAQS.1 The 

proposal is based upon complete, 

quality-assured and certified ambient air 

monitoring data for the 2007–2009 

monitoring period that shows the Area 

has monitored attainment of the 1997 

annual PM2.5 NAAQS. Available data for 

2010 indicate attaining data for the 1997 

annual PM2.5 NAAQS. 

II. What is the background for this 

action? 

On July 18, 1997 (62 FR 36852), EPA 

established an annual PM2.5 NAAQS at 

15.0 micrograms per cubic meter (μg/ 

m3) based on a 3-year average of annual 

mean PM2.5 concentrations. At that time, 

EPA also established a 24-hour NAAQS 

of 65 μg/m3. See 40 CFR 50.7. On 

January 5, 2005 (70 FR 944), EPA 

published its air quality designations 

and classifications for the 1997 PM2.5

NAAQS based upon air quality 

monitoring data from those monitors for 

calendar years 2001–2003. These 

designations became effective on April 

5, 2005. The Chattanooga Area was 

designated nonattainment for the 1997 

annual PM2.5 NAAQS. See 40 CFR 

81.301(Alabama), 40 CFR 81.311 

(Georgia), and 40 CFR 81.343 

(Tennessee). 

On October 17, 2006 (71 FR 61144), 

EPA retained the 1997 annual PM2.5

NAAQS at 15.0 μg/m3 based on a 3-year 

average of annual mean PM2.5

concentrations, and promulgated a 

24-hour NAAQS of 35 μg/m3 based on 

a 3-year average of the 98th percentile 

of 24-hour concentrations. On 

November 13, 2009, EPA designated the 

Chattanooga Area as attainment for the 

2006 24-hour NAAQS (74 FR 58688). In 

that action, EPA also clarified the 

designations for the NAAQS 

promulgated in 1997, stating that the 

Chattanooga Area was designated as 

nonattainment for the annual NAAQS 

but attainment for the 24-hour NAAQS. 

Thus, today’s action does not address 

attainment of either the 1997 or the 

2006 24-hour NAAQS. 

In response to legal challenges of the 

annual NAAQS promulgated in 2006, 

the U.S. Court of Appeals for the District 

of Columbia Circuit (DC Circuit) 

remanded this NAAQS to EPA for 

further consideration. See American 

Farm Bureau Federation and National 

Pork Producers Council, et al. v. EPA, 

559 F.3d 512 (DC Cir. 2009). However, 

given that the 1997 and 2006 annual 

NAAQS are essentially identical, 

attainment of the 1997 annual NAAQS 

would also indicate attainment of the 

remanded 2006 annual NAAQS. 

On April 25, 2007 (72 FR 20664), EPA 

promulgated its PM2.5 Implementation 

Rule, codified at 40 CFR part 51, subpart 

Z, in which the Agency provided 

guidance for state and tribal plans to 

implement the 1997 PM2.5 NAAQS. This 

rule, at 40 CFR 51.1004(c), specifies 

some of the regulatory consequences of 

attaining the NAAQS, as discussed 

below. 

III. Does the Chattanooga area meet the 

annual PM2.5 NAAQS? 

A. Criteria 

Today’s rulemaking proposed to find 

that the Chattanooga Area is attaining 

the 1997 annual PM2.5 NAAQS, and 

provides a basis for that final action. 

The Chattanooga Area is comprised of 

Hamilton, Catoosa, and Walker Counties 

in their entireties, and a portion of 

Jackson County. 

Under EPA regulations at 40 CFR 

50.7, the annual primary and secondary 

PM2.5 NAAQS are met when the annual 

arithmetic mean concentration, as 

determined in accordance with 40 CFR 

part 50, Appendix N, is less than or 

equal to 15.0 μg/m3 at all relevant 

monitoring sites in the subject area. 

B. Chattanooga Area Air Quality 

EPA has reviewed the ambient air 

monitoring data for the Chattanooga 

Area in accordance with the provisions 

of 40 CFR part 50, Appendix N. All data 

considered have been quality-assured, 

certified, and recorded in EPA’s Air 

Quality System (AQS) database. This 

review addresses air quality data 

collected in the 3-year period from 

2007—2009. 

The following table provides the 

annual average concentrations averaged 

over 2007—2009 at the sites in the 

Chattanooga Area. The Rossville site did 

not have complete data for 2007. As a 

result, data substitution was performed 

and is discussed in the technical 

support document (TSD) for this 

proposed rule. The annual design value 

for 2007–2009 for the Chattanooga Area 

is 12.7 μg/m3, at the Siskin Drive site 

(47–065–4002). 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Proposed Rules 15897 

3For the Chattanooga analysis, the weight-ofevidence approach used was spatial averaging. The 

analysis can be found in the ‘‘Analysis of Rossville 

PM2.5 Data’’ document provided by GA EPD on 5/ 

5/2010. This document will be posted in the docket. 

TABLE 1.—ANNUAL AVERAGE CONCENTRATIONS IN THE CHATTANOOGA AREA

Site name Site No. 

Annual average 

concentration 

(μg/m3) 

Tombras Avenue ............................................................................................................................................. 47–065–0031 12.6 

Soddy Daisy High School ................................................................................................................................ 47–065–1011 11.7 

Siskin Drive ...................................................................................................................................................... 47–065–4002 12.7 

Rossville ........................................................................................................................................................... 13–295–0002 2 12.3 

A new roof was installed in June of 

2007 at the Rossville site; therefore, no 

data were collected from June 12, 2007, 

through November 13, 2007. The 

pitched roof no longer supported 

ambient air monitors, which resulted in 

the establishment of a new monitoring 

location. Due to the shut-down, the 

Rossville site did not meet data 

completeness requirements for 2007. 

Data substitution was used to determine 

the attainment status of the Rossville 

site. The Georgia Environmental 

Protection Division (GA EPD) developed 

a weight-of-evidence approach 3 for an 

alternative method of data substitution. 

The analysis used data from Siskin 

Drive and Tombras Avenue sites to 

determine the attainment status of the 

Rossville site. EPA has determined that 

GA EPD successfully demonstrated a 

strong correlation between the PM2.5

data from the Rossville site and two 

other sites. Additionally, EPA’s Office of 

Air Quality Planning and Standards did 

an additional analysis on the correlation 

between the sites. Further discussion on 

the data substitution can be found in the 

TSD for this proposed rule. Data 

completeness requirements were met at 

the other monitors in the Area. 

Determinations of attainment are 

based on the most recent three years of 

complete, quality-assured data. EPA 

also considers additional qualityassured data to the extent those data are 

available. In accordance with Appendix 

N and standard EPA practice, EPA’s 

review of the data was centered on the 

three most recent years of complete 

data, 2007–2009. Appendix N does not 

explicitly provide for comparisons to 

the NAAQS involving partial years of 

data, because various seasons of the year 

reflect various influences on PM2.5

concentrations, and a partial year’s data 

may not be representative of values that 

would be determined from a full year’s 

data set. Nevertheless, EPA examined 

data that are available to date. For the 

Area, the available data for 2010 in the 

AQS database are below the NAAQS; 

however, not all of the 2010 data have 

been reported and they are not yet 

certified. Based on data available in 

AQS through the third quarter of 2010, 

the Tombras site has a preliminary 

2008–2010 design value of 11.7 μg/m3, 

the Soddy Daisy site has a preliminary 

2008–2010 design value of 11.1 μg/m3, 

the Siskin Drive site has a preliminary 

2008–2010 design value of 11.7 μg/m3, 

and the Rossville site has a preliminary 

design value of 10.9 μg/m3. These 

preliminary design values are consistent 

with continued attainment, and the 

complete 2008—2010 design values are 

expected to be below 15.0 μg/m3. On the 

basis of this review, EPA is proposing to 

determine that the Chattanooga Area has 

attained the 1997 annual PM2.5 NAAQS, 

and is soliciting public comments on its 

proposed determination. 

IV. What is the effect of this action? 

If this proposed determination of 

attainment is made final, the 

requirements for the Chattanooga Area 

to submit an attainment demonstration 

and associated RACM, a RFP plan, 

contingency measures, and any other 

planning SIPs related to attainment of 

the 1997 annual PM2.5 NAAQS would 

be suspended for so long as the Area 

continues to attain the PM2.5 NAAQS. 

See 40 CFR 51.1004(c). Notably, as 

described below, any such 

determination would not be equivalent 

to the redesignation of the Area to 

attainment for the annual PM2.5

NAAQS. 

If this proposed rulemaking is 

finalized and EPA subsequently 

determines, after notice and comment 

rulemaking in the Federal Register, that 

the Area has violated the annual PM2.5

NAAQS, the basis for the suspension of 

the specific requirements would no 

longer exist for the Chattanooga Area, 

and the Area would thereafter have to 

address the applicable requirements. 

See 40 CFR 51.1004(c). 

Finalizing this proposed action would 

not constitute a redesignation of the 

Area to attainment of the annual PM2.5

NAAQS under section 107(d)(3) of the 

Clean Air Act (CAA). Further, finalizing 

this proposed action does not involve 

approving maintenance plans for the 

Area as required under section 175A of 

the CAA, nor would it find that the Area 

has met all other requirements for 

redesignation. Even if EPA finalizes the 

proposed action, the designation status 

of the Chattanooga Area would remain 

nonattainment for the 1997 annual 

PM2.5 NAAQS until such time as EPA 

determines that the Area meets the CAA 

requirements for redesignation to 

attainment and takes action to 

redesignate the Area. 

This action is only a proposed 

determination of attainment that the 

Chattanooga Area has attained the 1997 

annual PM2.5 NAAQS. Today’s action 

does not address the 24-hour PM2.5

NAAQS. 

If the Chattanooga Area continues to 

monitor attainment of the annual PM2.5

NAAQS, the requirements for the 

Chattanooga Area to submit an 

attainment demonstration and 

associated RACM, a RFP plan, 

contingency measures, and any other 

planning SIPs related to attainment of 

the annual PM2.5 NAAQS will remain 

suspended. 

V. Statutory and Executive Order 

Reviews 

This action proposes to make a 

determination of attainment based on 

air quality, and would, if finalized, 

result in the suspension of certain 

federal requirements, and it would not 

impose additional requirements beyond 

those imposed by state law. 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); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• 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); 


srobinson on DSKHWCL6B1PROD with PROPOSALS
15898 Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Proposed Rules 

1See 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. 

• 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 CAA; 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 1997 annual 

average PM2.5 NAAQS data 

determination for the Chattanooga Area 

does not have tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

the SIP is not approved to apply in 

Indian country located in the state, and 

EPA notes that it will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Particulate matter, 

Reporting and recordkeeping 

requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: March 10, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2011–6669 Filed 3–21–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[OAR–2004–0091; FRL–9284–6] 

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 

April 21, 2011. 

ADDRESSES: Submit comments, 

identified by docket number OAR– 

2004–0091, 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. http:// 

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 

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 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 

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 


srobinson on DSKHWCL6B1PROD with PROPOSALS