Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Rules and Regulations 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. 

■ Title 40, chapter I of the Code of 

Federal Regulations is amended as 

follows: 

PART 55—[AMENDED] 

■ 1. The authority citation for part 55 

continues to read as follows: 

Authority: Section 328 of the Clean Air 

Act (42 U.S.C. 7401 et seq.) as amended by 

Public Law 101–549. 

■ 2. Section 55.14 is amended by 

revising paragraph (e)(3)(ii)(F) 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, June, 2009. 

* * * * * 

■ 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Violations (Repealed 01/01/2001) 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] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2008–0252; FRL–8433–9] 

RIN 2070–AB27 

Certain Chemical Substances; 

Withdrawal of Significant New Use 

Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of final rules. 

SUMMARY: EPA is withdrawing two 

significant new use rules (SNURs) 

promulgated under section 5(a)(2) of the 


CPrice-Sewell on DSKGBLS3C1PROD with RULES
42178 Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Rules and Regulations 

Toxic Substances Control Act (TSCA) 

for chemical substances which were the 

subject of premanufacture notices 

(PMNs), i.e., multi-walled carbon 

nanotubes (PMN P–08–177) and singlewalled carbon nanotubes (PMN P–08– 

328). These chemical substances are 

subject to TSCA section 5(e) consent 

orders issued by EPA. EPA published 

the SNURs using direct final rulemaking 

procedures. EPA received a notice of 

intent to submit adverse comments on 

these rules. Therefore, the Agency is 

withdrawing these SNURs, as required 

under the expedited SNUR rulemaking 

process. EPA also intends to publish in 

the Federal Register, under separate 

notice and comment rulemaking 

procedures, proposed SNURS for these 

two chemical substances. 

DATES: This final rule is effective August 

21, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

general information contact: Colby 

Lintner, Regulatory Coordinator, 

Environmental Assistance Division 

(7408M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 554–1404; e-mail address: 

TSCA-Hotline@epa.gov. 

For technical information contact: 

Karen Chu, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–8773; e-mail address: 

chu.karen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this Action Apply to Me? 

A list of potentially affected entities is 

provided in the Federal Register of June 

24, 2009 (74 FR 29982) (FRL–8417–6). If 

you have questions regarding the 

applicability of this action to a 

particular entity, consult the technical 

person listed under FOR FURTHER

INFORMATION CONTACT. 

II. What Rules are Being Withdrawn? 

In the Federal Register of June 24, 

2009 (74 FR 29982), EPA issued several 

direct final SNURs, including SNURs 

for the two chemical substances that are 

the subject of this withdrawal. These 

direct final rules were issued pursuant 

to the procedures in 40 CFR part 721, 

subpart D. In accordance with 40 CFR 

721.160(c)(3)(ii), EPA is withdrawing 

the rules issued for multi-walled carbon 

nanotubes (PMN P–08–177) and singlewalled carbon nanotubes (PMN P–08– 

328) because the Agency received a 

notice of intent to submit adverse 

comments. EPA intends to propose 

SNURs for these two chemical 

substances via notice and comment 

rulemaking in a future Federal Register 

document. 

For further information regarding 

EPA’s expedited process for issuing 

SNURs, interested parties are directed to 

40 CFR part 721, subpart D, and the 

Federal Register of July 27, 1989 (54 FR 

31314). The record for the direct final 

SNURs for these chemical substances 

which are being withdrawn was 

established at EPA–HQ–OPPT–2008– 

0252. That record includes information 

considered by the Agency in developing 

these rules and the notice of intent to 

submit adverse comments. 

III. How Do I Access the Docket? 

To access the electronic docket, 

please go to http://www.regulations.gov 

and follow the online instructions to 

access docket ID no. EPA–HQ–OPPT– 

2008–0252. Additional information 

about the Docket Facility is provided 

under ADDRESSES in the Federal 

Register document of June 4, 2009 (74 

FR 29982). If you have questions, 

consult the technical person listed 

under FOR FURTHER INFORMATION

CONTACT. 

IV. What Statutory and Executive Order 

Reviews Apply to this Action? 

This final rule revokes or eliminates 

an existing regulatory requirement and 

does not contain any new or amended 

requirements. As such, the Agency has 

determined that this withdrawal will 

not have any adverse impacts, economic 

or otherwise. The statutory and 

executive order review requirements 

applicable to the direct final rule were 

discussed in the Federal Register 

document of June 24, 2009 (74 FR 

29982). Those review requirements do 

not apply to this action because it is a 

withdrawal and does not contain any 

new or amended requirements. 

V. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and the Comptroller 

General of the United States. EPA will 

submit a report containing this rule 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. This rule is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: August 17, 2009. 

Wendy C. Hamnett, 

Acting Director, Office of Pollution Prevention 

and Toxics. 

■ Therefore, 40 CFR part 721 is 

amended as follows: 

PART 721—[AMENDED] 

■ 1. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

§ 721.10155 [Removed] 

■ 2. By removing § 721.10155. 

§ 721.10156 [Removed] 

■ 3. By removing § 721.10156. 

[FR Doc. E9–20150 Filed 8–20–09; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0809031176–91213–03] 

RIN 0648–AX25 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Bering Sea and 

Aleutian Islands (Amendment 90) and 

Gulf of Alaska Groundfish 

(Amendment 78); Limited Access 

Privilege Programs 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations 

implementing Amendment 90 to the 

Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area and 

Amendment 78 to the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska. This regulation amends 

the Bering Sea and Aleutian Islands 

Amendment 80 Program and the Central 

Gulf of Alaska Rockfish Program to 

allow post-delivery transfers of 

cooperative quota to cover overages. 

This action is necessary to mitigate 

potential overages, reduce enforcement 

costs, and provide for more precise total 

allowable catch management. This 

action is intended to promote the goals 


CPrice-Sewell on DSKGBLS3C1PROD with RULES