[Federal Register Volume 74, Number 161 (Friday, August 21, 2009)]
[Rules and Regulations]
[Pages 42175-42177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20048]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[OAR-2004-0091; FRL-8941-3]


Outer Continental Shelf Air Regulations; Consistency Update for 
California

AGENCY: Environmental Protection Agency (``EPA'').

ACTION: Final rule.

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SUMMARY: EPA is finalizing the update of the Outer Continental Shelf 
(``OCS'') Air Regulations proposed in the Federal Register on April 20, 
2009. 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 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) is the designated COA. The 
intended effect of approving the requirements contained in the ``Santa 
Barbara County Air Pollution Control District Requirements Applicable 
to OCS Sources'' (June 2009) is to regulate emissions from OCS sources 
in accordance with the requirements onshore.

DATES: Effective Date: This rule is effective on September 21, 2009.
    The incorporation by reference of certain publications listed in 
this rule is approved by the Director of the Federal Register as of 
September 21, 2009.

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, U.S. 
EPA Region IX, (415) 947-4120, <a href="/cdn-cgi/l/email-protection#5e3f32323b30703d27302a36373f1e3b2e3f70393128"><span class="__cf_email__" data-cfemail="6d0c01010803430e14031905040c2d081d0c430a021b">[email protected]</span></a>.

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.

Table of Contents

I. Background
II. Public Comment
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Background

    On April 20, 2009 (74 FR 17934), EPA proposed to approve 
requirements into the OCS Air Regulations pertaining to Santa Barbara 
County APCD. These requirements are being promulgated in response to 
the submittal of rules from this California air pollution control 
agency. 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

[[Page 42176]]

statutory mandate, EPA must incorporate applicable onshore rules into 
40 CFR 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 actions 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. 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 exercise of any policy discretion by 
EPA. For that reason, this action:
    <bullet> 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);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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 September 21, 2009. 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

[[Page 42177]]

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

    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: June 24, 2009.
Jane Diamond,
Acting Regional Administrator, Region IX.

0
Title 40, chapter I of the Code of Federal Regulations is amended as 
follows:

PART 55--[AMENDED]

0
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.


0
2. Section 55.14 is amended by revising paragraph (e)(3)(ii)(F) to read 
as follows:


Sec.  55.14  Requirements that apply to OCS sources located within 25 
miles of states seaward boundaries, by state.

* * * * *
    (e) * * *
    (3) * * *
    (ii) * * *
    (F) Santa Barbara County Air Pollution Control District 
Requirements Applicable to OCS Sources, June, 2009.
* * * * *

0
3. Appendix A to CFR Part 55 is amended by revising paragraph (b)(6) 
under the heading ``California'' to read as follows:

Appendix A to Part 55--Listing of State and Local Requirements 
Incorporated by Reference Into Part 55, by State

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

Rule 102 Definitions (Adopted 01/15/09)
Rule 103 Severability (Adopted 10/23/78)
Rule 106 Notice to Comply for Minor Violations (Repealed 01/01/2001)
Rule 107 Emergencies (Adopted 04/19/01)
Rule 201 Permits Required (Adopted 06/19/08)
Rule 202 Exemptions to Rule 201 (Adopted 06/19/08)
Rule 203 Transfer (Adopted 04/17/97)
Rule 204 Applications (Adopted 04/17/97)
Rule 205 Standards for Granting Permits (Adopted 04/17/97)
Rule 206 Conditional Approval of Authority to Construct or Permit to 
Operate (Adopted 10/15/91)
Rule 207 Denial of Application (Adopted 10/23/78)
Rule 210 Fees (Adopted 03/17/05)
Rule 212 Emission Statements (Adopted 10/20/92)
Rule 301 Circumvention (Adopted 10/23/78)
Rule 302 Visible Emissions (Adopted 10/23/78)
Rule 304 Particulate Matter--Northern Zone (Adopted 10/23/78)
Rule 305 Particulate Matter Concentration--Southern Zone (Adopted 
10/23/78)
Rule 306 Dust and Fumes--Northern Zone (Adopted 10/23/78)
Rule 307 Particulate Matter Emission Weight Rate--Southern Zone 
(Adopted 10/23/78)
Rule 308 Incinerator Burning (Adopted 10/23/78)
Rule 309 Specific Contaminants (Adopted 10/23/78)
Rule 310 Odorous Organic Sulfides (Adopted 10/23/78)
Rule 311 Sulfur Content of Fuels (Adopted 10/23/78)
Rule 312 Open Fires (Adopted 10/02/90)
Rule 316 Storage and Transfer of Gasoline (Adopted 01/15/09)
Rule 317 Organic Solvents (Adopted 10/23/78)
Rule 318 Vacuum Producing Devices or Systems--Southern Zone (Adopted 
10/23/78)
Rule 321 Solvent Cleaning Operations (Adopted 09/18/97)
Rule 322 Metal Surface Coating Thinner and Reducer (Adopted 10/23/
78)
Rule 323 Architectural Coatings (Adopted 11/15/01)
Rule 324 Disposal and Evaporation of Solvents (Adopted 10/23/78)
Rule 325 Crude Oil Production and Separation (Adopted 07/19/01)
Rule 326 Storage of Reactive Organic Compound Liquids (Adopted 01/
18/01)
Rule 327 Organic Liquid Cargo Tank Vessel Loading (Adopted 12/16/85)
Rule 328 Continuous Emission Monitoring (Adopted 10/23/78)
Rule 330 Surface Coating of Metal Parts and Products (Adopted 01/20/
00)
Rule 331 Fugitive Emissions Inspection and Maintenance (Adopted 12/
10/91)
Rule 332 Petroleum Refinery Vacuum Producing Systems, Wastewater 
Separators and Process Turnarounds (Adopted 06/11/79)
Rule 333 Control of Emissions from Reciprocating Internal Combustion 
Engines (Adopted 06/19/08)
Rule 342 Control of Oxides of Nitrogen (NOx) from Boilers, Steam 
Generators and Process Heaters) (Adopted 04/17/97)
Rule 343 Petroleum Storage Tank Degassing (Adopted 12/14/93)
Rule 344 Petroleum Sumps, Pits, and Well Cellars (Adopted 11/10/94)
Rule 346 Loading of Organic Liquid Cargo Vessels (Adopted 01/18/01)
Rule 352 Natural Gas-Fired Fan-Type Central Furnaces and Residential 
Water Heaters (Adopted 09/16/99)
Rule 353 Adhesives and Sealants (Adopted 08/19/99)
Rule 359 Flares and Thermal Oxidizers (Adopted 06/28/94)
Rule 360 Emissions of Oxides of Nitrogen from Large Water Heaters 
and Small Boilers (Adopted 10/17/02)
Rule 361 Small Boilers, Steam Generators, and Process Heaters 
(Adopted 01/17/08)
Rule 370 Potential to Emit--Limitations for Part 70 Sources (Adopted 
06/15/95)
Rule 505 Breakdown Conditions Sections A., B.1., and D. only 
(Adopted 10/23/78)
Rule 603 Emergency Episode Plans (Adopted 06/15/81)
Rule 702 General Conformity (Adopted 10/20/94)
Rule 801 New Source Review (Adopted 04/17/97)
Rule 802 Nonattainment Review (Adopted 04/17/97)
Rule 803 Prevention of Significant Deterioration (Adopted 04/17/97)
Rule 804 Emission Offsets (Adopted 04/17/97)
Rule 805 Air Quality Impact Analysis and Modeling (Adopted 04/17/97)
Rule 808 New Source Review for Major Sources of Hazardous Air 
Pollutants (Adopted 05/20/99)
Rule 1301 Part 70 Operating Permits--General Information (Adopted 
06/19/03)
Rule 1302 Part 70 Operating Permits--Permit Application (Adopted 11/
09/93)
Rule 1303 Part 70 Operating Permits--Permits (Adopted 11/09/93)
Rule 1304 Part 70 Operating Permits--Issuance, Renewal, Modification 
and Reopening (Adopted 11/09/93)
Rule 1305 Part 70 Operating Permits--Enforcement (Adopted 11/09/93)
* * * * *
[FR Doc. E9-20048 Filed 8-20-09; 8:45 am]
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