Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations 29153 

(ii) A statement that failure of a 

counterparty to meet a collateral call 

will result in an early termination event; 

(iii) A description of early termination 

pricing and methodology, with the 

methodology reflecting a reasonable 

estimate of the market value of the overthe-counter derivative contract at 

termination (standard International 

Swaps and Derivatives Association, Inc. 

language relative to early termination 

pricing and methodology may be used 

to satisfy this requirement); and 

(iv) A requirement that the Bank’s 

consent be obtained prior to the transfer 

of an agreement or contract by a 

counterparty. 

§ 1267.5 Risk-based capital requirements 

for investments. 

Any Bank which is not subject to the 

capital requirements set forth in part 

932 of this title shall hold retained 

earnings plus general allowance for 

losses as support for the credit risk of all 

investments that are not rated by an 

NRSRO, or are rated or have a putative 

rating below the second highest credit 

rating, in an amount equal to or greater 

than the outstanding balance of the 

investments multiplied by: 

(a) A factor associated with the credit 

rating of the investments as determined 

by FHFA on a case-by-case basis for 

rated assets to be sufficient to raise the 

credit quality of the asset to the second 

highest credit rating category; and 

(b) 0.08 for assets having neither a 

putative nor actual rating. 

Dated: May 13, 2011. 

Edward J. DeMarco, 

Acting Director, Federal Housing Finance 

Agency. 

[FR Doc. 2011–12358 Filed 5–19–11; 8:45 am] 

BILLING CODE 8070–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 878 

[Docket No. FDA–2006–N–0045; Formerly 

Docket No. 2006N–0109] 

Medical Devices; Reclassification of 

the Topical Oxygen Chamber for 

Extremities; Correction 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule; correction. 

SUMMARY: The Food and Drug 

Administration (FDA) is correcting a 

final rule that appeared in the Federal 

Register of April 25, 2011 (76 FR 

22805). The document announced that 

FDA is reclassifying the topical oxygen 

chamber for extremities (TOCE) from 

class III to class II. The document 

published inadvertently used outdated 

contact information. This document 

corrects that error. 

DATES: Effective May 25, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Charles N. Durfor, Center for Devices 

and Radiological Health, Food and Drug 

Administration, 10903 New Hampshire 

Ave., Bldg. 66, Rm. G424, Silver Spring, 

MD 20993–0002, 301–796–6438. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2011–9899 appearing on page 22805 in 

the Federal Register of Monday, April 

25, 2011, the following correction is 

made: 1. On page 22805, in the third 

column, the FOR FURTHER INFORMATION

CONTACT section is corrected to read as 

follows: 

FOR FURTHER INFORMATION CONTACT: Charles 

N. Durfor, Center for Devices and 

Radiological Health, Food and Drug 

Administration, Bldg. 66, Rm. G424, 10903 

New Hampshire Ave., Silver Spring, MD 

20993–0002, 301–796–6438. 

Dated: May 17, 2011. 

Nancy K. Stade, 

Deputy Director for Policy, Center for Devices 

and Radiological Health. 

[FR Doc. 2011–12410 Filed 5–19–11; 8:45 am] 

BILLING CODE 4160–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0030; FRL–9308–3] 

Revisions to the California State 

Implementation Plan, Mojave Desert 

Air Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Mojave Desert Air Quality Management 

District (MDAQMD) portion of the 

California State Implementation Plan 

(SIP). These revisions concern negative 

declarations for volatile organic 

compound (VOC) source categories for 

the MDAQMD. We are approving these 

negative declarations under the Clean 

Air Act as amended in 1990 (CAA or the 

Act). 

DATES: This rule is effective on July 19, 

2011 without further notice, unless EPA 

receives adverse comments by June 20, 

2011. If we receive such comments, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2011–0030, 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. 

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, EPA Region IX, 

(415) 947–4120, allen.cynthia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What negative declarations did the State 

submit? 

B. Are there other versions of these 

negative declarations? 


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29154 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations 

C. What is the purpose of the submitted 

negative declarations? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the negative 

declarations? 

B. Do the negative declarations meet the 

evaluation criteria? 

C. Public Comment and Final Action 

III. Background Information 

A. Why were these negative declarations 

submitted? 

IV. Administrative Requirements 

I. The State’s Submittal 

A. What negative declarations did the 

State submit? 

Table 1 lists the negative declarations 

we are approving with the dates that 

they were adopted by the Mojave Desert 

Air Quality Management District 

(MDAQMD) and submitted by the 

California Air Resources Board (CARB). 

TABLE 1—SUBMITTED NEGATIVE DECLARATIONS

Local agency Title Adopted Submitted 

MDAQMD .......... Pneumatic Rubber Tire Manufacturing ............................................................................................ 01/22/07 07/11/07 

MDAQMD .......... Large Petroleum Dry Cleaners ........................................................................................................ 01/22/07 07/11/07 

MDAQMD .......... Surface Coating of Cans ................................................................................................................. 01/22/07 07/11/07 

MDAQMD .......... Surface Coating of Coils .................................................................................................................. 01/22/07 07/11/07 

MDAQMD .......... Surface Coating Fabrics .................................................................................................................. 01/22/07 07/11/07 

MDAQMD .......... Surface Coating Operations at Automotive and Light Duty Truck Assembly Plants ...................... 01/22/07 07/11/07 

MDAQMD .......... Surface of Coating of Large Appliances .......................................................................................... 01/22/07 07/11/07 

MDAQMD .......... Surface of Coating of Magnet Wire ................................................................................................. 01/22/07 07/11/07 

MDAQMD .......... Vacuum Producing Devices or Systems ......................................................................................... 01/22/07 07/11/07 

MDAQMD .......... Leaks From Petroleum Refinery Equipment ................................................................................... 01/22/07 07/11/07 

MDAQMD .......... Process Unit Turnarounds ............................................................................................................... 01/22/07 07/11/07 

MDAQMD .......... Equipment Leaks From Natural Gas/Gasoline Processing Plants .................................................. 01/22/07 07/11/07 

MDAQMD .......... Synthesized Pharmaceutical Products ............................................................................................ 01/22/07 07/11/07 

MDAQMD .......... Air Oxidation Process—SOCMI ....................................................................................................... 01/22/07 07/11/07 

MDAQMD .......... Polymer Manufacturing SOCMI and Polymer Manufacturing Equipment Leaks ............................ 01/22/07 07/11/07 

MDAQMD .......... Reactor Processes and Distillation Operations in SOCMI .............................................................. 01/22/07 07/11/07 

MDAQMD .......... Synthetic Organic Chemical Polymer and Resin Manufacturing .................................................... 01/22/07 07/11/07 

MDAQMD .......... Petroleum Refinery Equipment ........................................................................................................ 08/23/10 10/22/10 

MDAQMD .......... Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins .................... 08/23/10 10/22/10 

MDAQMD .......... Fugitive Emissions From Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment.08/23/10 10/22/10 

On November 16, 2010, EPA 

determined that the submittal for 

Mojave Desert AQMD Negative 

Declarations submitted on October 22, 

2010, met the completeness criteria in 

40 CFR Part 51 Appendix V, which 

must be met before formal EPA review. 

On January 11, 2008, the submittal for 

Mojave Desert Negative Declarations 

submitted on July 11, 2007 was deemed 

by operation of law to meet the 

completeness criteria in 40 CFR Part 51 

Appendix V, which must be met before 

formal EPA review. 

B. Are there other versions of these 

negative declarations? 

There are no previous versions of 

these negative declarations. 

C. What is the purpose of the submitted 

negative declarations? 

The negative declarations were 

submitted to meet the requirements of 

CAA section 182(b)(2). Ozone 

Nonattainment areas classified at 

moderate and above are required to 

adopt volatile organic compound (VOC) 

regulations for the published Control 

Technique Guideline (CTG) categories 

and for major non-CTG sources of VOC 

or NOx. If a nonattainment area does not 

have stationary sources covered by an 

EPA published CTG, then the area is 

required to submit a negative 

declaration. The negative declarations 

were submitted because there are no 

applicable sources within the 

MDAQMD jurisdiction. EPA’s technical 

support document (TSD) has more 

information about these negative 

declarations. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the negative 

declarations? 

The negative declarations are 

submitted as SIP revisions and must be 

consistent with Clean Air Act 

requirements for Reasonable Available 

Control Technology (RACT) (see section 

182(b)(2)) and SIP relaxation (see 

sections 110(1) and 193.) To do so, the 

submittal should provide reasonable 

assurance that no sources subject to the 

CTG requirements currently exist or are 

planned for the MDAQMD. 

B. Do the negative declarations meet the 

evaluation criteria? 

We believe these negative 

declarations are consistent with the 

relevant policy and guidance regarding 

RACT and SIP relaxations. The TSD has 

more information on our evaluation. 

C. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the Act, EPA is fully approving the 

submitted negative declarations as 

additional information to the SIP 

because we believe they fulfill all 

relevant requirements. We do not think 

anyone will object to this approval, so 

we are finalizing it without proposing it 

in advance. However, in the Proposed 

Rules section of this Federal Register, 

we are simultaneously proposing 

approval of these negative declarations. 

If we receive adverse comments by June 

20, 2011, we will publish a timely 

withdrawal in the Federal Register to 

notify the public that the direct final 

approval will not take effect and we will 

address the comments in a subsequent 

final action based on the proposal. If we 

do not receive timely adverse 

comments, the direct final approval will 

be effective without further notice on 

July 19, 2011. 

III. Background Information 

A. Why were these negative declarations 

submitted? 

These negative declarations were 

submitted to fulfill the requirements of 

CAA Section 182(a)(2). Section 182 

requires that ozone nonattainment areas 

adopt VOC regulations found in the 


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Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations 29155 

Control Technique Guideline Series and 

for all major non-CTG sources of VOC 

or NOX in their geographic area. Mojave 

Desert AQMD is a nonattainment area 

for ozone and thus is required to adopt 

reasonable available control technology 

(RACT) regulations for all CTG sources 

and major non-CTG sources. Section 

110(a) of the CAA requires States to 

submit regulations that control VOC 

emissions. Table 2 lists some of the 

national milestones leading to the 

submittal of these local agency negative 

declarations. 

TABLE 2—OZONE NONATTAINMENT MILESTONES

Date Event 

March 3, 1978 ................ EPA promulgated a list of ozone attainment areas Under the Clean Air Act as amended in 1977. 43 FR 8964; 40 

CFR 81.305. 

May 26, 1988 ................. EPA notified Governors that parts of their SIPs were inadequate to attain and maintain the ozone standard and requested that they correct the deficiencies (EPA’s SIP-Call). See section 110(a)(2)(H) of the pre-amended Act. 

November 15, 1990 ....... Clean Air Act Amendments of 1990 were enacted. Pub. L. 101–549, 104 Stat. 2399, codified at 42 U.S.C. 7401– 

7671q. 

May 15, 1991 ................. Section 182(a)(2)(A) requires that ozone nonattainment areas correct deficient RACT rules by this date. 

IV. Administrative Requirements 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. 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); 

• 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 Clean Air Act; 

and 

• Does not interfere with Executive 

Order 12898 (59 FR 7629 (Feb. 16, 

1994)) because EPA lacks the 

discretionary authority to address 

environmental justice in this 

rulemaking. 

In addition, this rule 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. 

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 July 19, 2011. 

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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: May 9, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.222 is amended by 

adding paragraphs (a)(1)(v) and (vi) to 

read as follows: 

§ 52.222 Negative declarations. 

(a) * * * 

(1) * * * 

(v) Pneumatic Rubber Tire 

Manufacturing, Large Petroleum Dry 

Cleaners, Surface Coating of Cans, 

Surface Coating of Coils, Surface 

Coating Fabrics, Surface Coating 

Operations at Automotive and Light 


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29156 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations 

Duty Truck Assembly Plants, Surface of 

Coating of Large Appliances, Surface of 

Coating of Magnet Wire, Vacuum 

Producing Devices or Systems, Leaks 

From Petroleum Refinery Equipment, 

Process Unit Turnarounds, Equipment 

Leaks From Natural Gas/Gasoline 

Processing Plants, Synthesized 

Pharmaceutical Products, Air Oxidation 

Process—SOCMI, Polymer 

Manufacturing SOCMI and Polymer 

Manufacturing Equipment Leaks, 

Reactor Processes and Distillation 

Operations in SOCMI, and Synthetic 

Organic Chemical Polymer and Resin 

Manufacturing were submitted on July 

11, 2007 and adopted January 22, 2007. 

(vi) Petroleum Refinery Equipment, 

Manufacture of High-Density 

Polyethylene, Polypropylene, and 

Polystyrene Resins, and Fugitive 

Emissions from Synthetic Organic 

Chemical Polymer and Resin 

Manufacturing Equipment were 

submitted on October 22, 2010 and 

adopted on August 23, 2010. 

* * * * * 

[FR Doc. 2011–12362 Filed 5–19–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[OAR–2004–0091; FRL–9304–4] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

California 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing the update 

of the Outer Continental Shelf (‘‘OCS’’) 

Air Regulations proposed in the Federal 

Register on January 10, 2011. 

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 County 

APCD’’ or ‘‘District’’) is the designated 

COA. The intended effect of approving 

the OCS requirements for the Santa 

Barbara County APCD is to regulate 

emissions from OCS sources in 

accordance with the requirements 

onshore. 

DATES: This rule is effective on June 20, 

2011. The incorporation by reference of 

certain publications listed in this rule is 

approved by the Director of the Federal 

Register as of June 20, 2011. 

ADDRESSES: EPA has established docket 

number OAR–2004–0091 for this action. 

The index to the docket 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: 

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. 

I. Background 

II. Public Comment 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On January 10, 2011 (76 FR 1389), 

EPA proposed to incorporate various 

Santa Barbara County APCD air 

pollution control requirements into the 

OCS Air Regulations at 40 CFR part 55. 

We are incorporating these requirements 

in response to the submittal of these 

rules by the District. 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). 

Section 328(a) of the Act requires that 

EPA establish requirements to control 

air pollution from OCS sources located 

within 25 miles of states’ seaward 

boundaries that are the same as onshore 

requirements. To comply with this 

statutory mandate, EPA must 

incorporate applicable onshore rules 

into part 55 as they exist onshore. This 

limits EPA’s flexibility in deciding 

which requirements will be 

incorporated into part 55 and prevents 

EPA from making substantive changes 

to the requirements it incorporates. As 

a result, EPA may be incorporating rules 

into part 55 that do not conform to all 

of EPA’s state implementation plan 

(SIP) guidance or certain requirements 

of the Act. Consistency updates may 

result in the inclusion of state or local 

rules or regulations into part 55, even 

though the same rules may ultimately be 

disapproved for inclusion as part of the 

SIP. Inclusion in the OCS rule does not 

imply that a rule meets the requirements 

of the Act for SIP approval, nor does it 

imply that the rule will be approved by 

EPA for inclusion in the SIP. 

II. Public Comment 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received no comments on the 

proposed action. 

III. EPA Action 

In this document, EPA takes final 

action to incorporate the proposed 

changes into 40 CFR part 55. No 

changes were made to the proposed 

action except for minor technical 

corrections to the list of rules in the part 

55 regulatory text to accurately reflect 

the action we proposed. EPA is 

approving the proposed action under 

section 328(a)(1) of the Act, 42 U.S.C. 

7627. Section 328(a) of the Act requires 

that EPA establish requirements to 

control air pollution from OCS sources 

located within 25 miles of states’ 

seaward boundaries that are the same as 

onshore requirements. To comply with 

this statutory mandate, EPA must 

incorporate applicable onshore rules 

into Part 55 as they exist onshore. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to establish 

requirements to control air pollution 

from OCS sources located within 25 

miles of States’ seaward boundaries that 

are the same as onshore air control 

requirements. To comply with this 

statutory mandate, EPA must 

incorporate applicable onshore rules 

into part 55 as they exist onshore. 42 

U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, 

in promulgating OCS consistency 

updates, EPA’s role is to maintain 

consistency between OCS regulations 

and the regulations of onshore areas, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, this 

action simply updates the existing OCS 

requirements to make them consistent 

with requirements onshore, without the 


emcdonald on DSK2BSOYB1PROD with RULES