61308 Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Proposed Rules 

4 Id. According to the Postal Service, the impact 

of individual modifications can be estimated by 

manipulating the toggle switches. The Postal 

Service has not provided explicit estimates of the 

impact of individual modifications in Proposal 

Nine, nor has it provided an estimate of aggregate 

impact. 

de-average the mail processing cost by 

shape estimate for all Parcel Select in 

the FY 2012 ACR. Id. 

Proposal Nine: Modify First-Class 

Mail, Standard Mail, and Periodicals 

Flats Cost Models. The Postal Service 

proposes to make eight modifications to 

the Periodicals Flats model. The Postal 

Service also proposes to apply four of 

the modifications to the First-Class Mail 

and Standard Mail Flats models. Id. at 

5. The Postal Service states that the 

model for each class is contained in 

library reference USPS–LR–RM2012–8/ 

1, with the proposed modifications 

incorporated (via toggle switches).4

Some of the modifications are 

straightforward. Others, however, 

involve significant changes, particularly 

for Periodicals. 

The first proposed modification 

removes the ability to isolate (via toggle 

switches) the effect of individual 

changes proposed in Docket No. 

RM2012–2. Id. Those changes were 

approved by the Commission. The 

Postal Service considers the switches to 

be superfluous. Id. This modification 

affects the models for all three classes. 

The second modification corrects 

what the Postal Service describes as 

‘‘cell referencing errors’’ in the 

Periodicals model. Id. 

The third modification accounts for 

more sources of rejects and adjusts some 

reject rates to make them consistent 

with Management Operating Data 

System (MODS) estimates. Id. at 6–8. 

This modification affects the models for 

all three classes. 

The fourth modification accounts for 

changes in allied operations resulting 

from the introduction of the AFSM 100 

and FSS. The modifications only apply 

to the Periodicals model. Id. at 9–10. 

The fifth modification creates classspecific FSS coverage factors. Each 

coverage factor is the ratio of MODS FSS 

total pieces fed (by class) to volume as 

reported in the Revenue, Pieces, and 

Weight report. Id. at 10–11. This 

modification affects the models for all 

three classes. 

The sixth modification removes the 

costs of sorting mail to post office boxes 

from all three flats models and 

designates these costs as ‘‘nonmodeled.’’ Id. at 11. 

The seventh modification updates the 

estimates of the average number of 

cross-dock movements by container 

type by entry facility for Periodicals. 

The update relies on Mail.dat files by 

publication and a Postal Service 

database of individual transportation 

routes. The Postal Service states that the 

new estimates are generally similar to 

those provided in Docket No. R2006–1. 

Id. at 11–15. 

The eighth modification uses the 

results of the seventh modification to 

simplify the development of costs by 

container type by entry facility for 

Periodicals. According to the Postal 

Service, simply having the number of 

facilities that a container passes through 

before it reaches the destination facility 

is sufficient to calculate the number of 

times the average container incurs each 

process. Id. at 15–18. 

It is ordered: 

1. The Petition of the United States 

Postal Service Requesting Initiation of a 

Proceeding to Consider Proposed 

Changes in Analytical Principles 

(Proposals Eight and Nine), filed 

September 28, 2012, is granted. 

2. The Commission establishes Docket 

No. RM2012–8 to consider the matters 

raised by the Postal Service’s Petition. 

3. Interested persons may submit 

comments on Proposals Eight and Nine 

no later than October 29, 2012. 

4. Reply comments are due no later 

than November 8, 2012. 

5. Lawrence Fenster is appointed to 

serve as the Public Representative to 

represent the interests of the general 

public in this proceeding. 

6. The Secretary shall arrange for 

publication of this notice in the Federal 

Register. 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

[FR Doc. 2012–24706 Filed 10–5–12; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[OAR–2004–0091; FRL–9737–7] 

Outer Continental Shelf Air 

Regulations; Consistency Update for 

California 

AGENCY: Environmental Protection 

Agency (‘‘EPA’’). 

ACTION: Proposed rule—Consistency 

Update. 

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 portions of the OCS air 

regulations that are being updated 

pertain to the requirements for OCS 

sources by the Ventura County Air 

Pollution Control District (Ventura 

County APCD). The intended effect of 

approving the OCS requirements for the 

Ventura County APCD is to regulate 

emissions from OCS sources in 

accordance with the requirements 

onshore. The change to the existing 

requirements discussed below is 

proposed to be incorporated by 

reference into the Code of Federal 

Regulations and is listed in the 

appendix to the OCS air regulations. 

DATES: Comments must be received on 

or before November 8, 2012. 

ADDRESSES: Submit comments, 

identified by docket number OAR– 

2004–0091, by one of the following 

methods: 

1. Federal eRulemaking Portal: www.

regulations.gov. Follow the on-line 

instructions. 

2. Email: 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 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 www.

regulations.gov or email. 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 email 

directly to EPA, your email 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 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 


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1The reader may refer to the 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. 

2Each COA which has been delegated the 

authority to implement and enforce part 55, will 

use its administrative and procedural rules as 

onshore. However, in those instances where EPA 

has not delegated authority to implement and 

enforce part 55, EPA will use its own administrative 

and procedural requirements to implement the 

substantive requirements. 40 CFR 55.14(c)(4). 

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, 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 Information 

A. Why is EPA taking this action? 

II. EPA’s Evaluation 

A. What criteria were used to evaluate 

rules submitted to update 40 CFR part 

55? 

B. What requirements were submitted to 

update 40 CFR part 55? 

III. Administrative Requirements 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Coordination 

With Indian Tribal Government 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

I. Background Information 

A. Why is EPA taking this action? 

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 § 55.12 of the OCS rule, 

consistency reviews will occur (1) at 

least annually; (2) upon receipt of a 

Notice of Intent under § 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 requirements submitted by 

the Ventura County APCD. Public 

comments received in writing within 30 

days of publication of this document 

will be considered by EPA before 

publishing a final rule. 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. EPA’s Evaluation 

A. What criteria were used to evaluate 

rules submitted to update 40 CFR part 

55? 

In updating 40 CFR part 55, EPA 

reviewed the rules submitted for 

inclusion in part 55 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 they are 

not arbitrary or capricious. 40 CFR 55.12 

(e). In addition, EPA has excluded 

administrative or procedural rules,2 and 

requirements that regulate toxics which 

are not related to the attainment and 

maintenance of Federal and State 

ambient air quality standards. 

B. What requirements were submitted to 

update 40 CFR part 55? 

1. After review of the requirements 

submitted by the Ventura County APCD 

against the criteria set forth above and 

in 40 CFR part 55, EPA is proposing to 

make the following District 

requirements applicable to OCS sources: 

Rule No. Name 

Adoption or 

amended 

date 

2 ................................................. Definitions ...................................................................................................................................... 04/12/11 

23 ............................................... Exemptions from Permit ................................................................................................................ 04/12/11 

33 ............................................... Part 70 Permits—General ............................................................................................................. 04/12/11 

33.1 ............................................ Part 70 Permits—Definitions ......................................................................................................... 04/12/11 

35 ............................................... Elective Emission Limits ................................................................................................................ 04/12/11 

42 ............................................... Permit Fees ................................................................................................................................... 04/12/11 

74.2 ............................................ Architectural Coatings .................................................................................................................... 01/12/10 

74.11 .......................................... Natural Gas-Fired Water Heaters .................................................................................................. 05/11/10 


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The District submitted the following 

rule which is being repealed, for 

removal from Part 55. We are proposing 

to repeal this rule from part 55: 

26.10 .......................................... New Source Review—Prevention of Significant Deterioration (PSD) ........................................... 06/28/11 

The District also submitted the 

following new rule which is not 

currently in effect on the OCS, for 

incorporation into Part 55. We are 

proposing to incorporate this rule into 

part 55: 

26.13 .......................................... New Source Review—Prevention of Significant Deterioration (PSD) ........................................... 6/28/11 

III. Administrative Requirements 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735 (October 4, 1993)), the Agency 

must determine whether the regulatory 

action is ‘‘significant’’ and therefore 

subject to Office of Management and 

Budget (‘‘OMB’’) review and the 

requirements of the Executive Order. 

The Order defines ‘‘significant 

regulatory action’’ as one that is likely 

to result in a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 and is therefore 

not subject to OMB Review. These rules 

implement requirements specifically 

and explicitly set forth by the Congress 

in section 328 of the Clean Air Act, 

without the exercise of any policy 

discretion by EPA. These OCS rules 

already apply in the COA, and EPA has 

no evidence to suggest that these OCS 

rules have created an adverse material 

effect. As required by section 328 of the 

Clean Air Act, this action simply 

updates the existing OCS requirements 

to make them consistent with rules in 

the COA. 

B. Paperwork Reduction Act 

The OMB has approved the 

information collection requirements 

contained in 40 CFR part 55, and by 

extension this update to the rules, under 

the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

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, 

EPA is amending the table in 40 CFR 

part 9 of currently approved OMB 

control numbers for various regulations 

to list the regulatory citations for the 

information requirements contained in 

this final rule. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to conduct 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

Small entities include small businesses, 

small not-for-profit enterprises, and 

small governmental jurisdictions. 

These rules will not have a significant 

economic impact on a substantial 

number of small entities. These rules 

implement requirements specifically 

and explicitly set forth by the Congress 

in section 328 of the Clean Air Act, 

without the exercise of any policy 

discretion by EPA. These OCS rules 

already apply in the COA, and EPA has 

no evidence to suggest that these OCS 

rules have had a significant economic 

impact on a substantial number of small 

entities. As required by section 328 of 

the Clean Air Act, this action simply 

updates the existing OCS requirements 

to make them consistent with rules in 

the COA. Therefore, I certify that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (‘‘UMRA’’), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and tribal governments and the private 

sector. Under section 202 of the UMRA, 

EPA generally must prepare written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures to State, local, 

and tribal governments, in the aggregate, 

or to the private sector, of $100 million 

of more in any one year. Before 

promulgating an EPA rule for which a 

written statement is needed, section 205 

of the UMRA generally requires EPA to 

identify and consider a reasonable 

number of regulatory alternatives and 

adopt the least costly, most costeffective or least burdensome alternative 

that achieves the objectives of the rule. 

The provisions of section 205 do not 

apply when they are inconsistent with 

applicable law. Moreover, section 205 

allows EPA to adopt an alternative other 


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than the least costly, most cost-effective 

or least burdensome alternative if the 

Administrator publishes with the final 

rule an explanation why that alternative 

was not adopted. 

Before EPA establishes any regulatory 

requirements that may significantly or 

uniquely affect small governments, 

including tribal governments, it must 

have developed under section 203 of the 

UMRA a small government agency plan. 

The plan must provide for notifying 

potentially affected small governments, 

enabling officials of affected small 

governments to have meaningful and 

timely input in the development of EPA 

regulatory proposals with significant 

Federal intergovernmental mandates, 

and informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. Today’s 

proposed rules contain no Federal 

mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State, local, or tribal governments or the 

private sector that may result in 

expenditures of $100 million or more 

for State, local, or tribal governments, in 

the aggregate, or to the private sector in 

any one year. These rules implement 

requirements specifically and explicitly 

set forth by the Congress in section 328 

of the Clean Air Act without the 

exercise of any policy discretion by 

EPA. These OCS rules already apply in 

the COA, and EPA has no evidence to 

suggest that these OCS rules have 

created an adverse material effect. As 

required by section 328 of the Clean Air 

Act, this action simply updates the 

existing OCS requirements to make 

them consistent with rules in the COA. 

E. Executive Order 13132, Federalism 

Executive Orders 13132, entitled 

‘‘Federalism’’ (64 FR 43255 (August 10, 

1999)), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’ 

This proposed rule does not have 

federalism implications. It will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. These rules 

implement requirements specifically 

and explicitly set forth by the Congress 

in section 328 of the Clean Air Act, 

without the exercise of any policy 

discretion by EPA. As required by 

section 328 of the Clean Air Act, this 

rule simply updates the existing OCS 

rules to make them consistent with 

current COA requirements. These rules 

do not amend the existing provisions 

within 40 CFR part 55 enabling 

delegation of OCS regulations to a COA, 

and this rule does not require the COA 

to implement the OCS rules. Thus, 

Executive Order 13132 does not apply 

to this rule. 

In the spirit of Executive Order 13132, 

and consistent with EPA policy to 

promote communications between EPA 

and state and local governments, EPA 

specifically solicits comments on this 

proposed rule from State and local 

officials. 

F. Executive Order 13175, Coordination 

With Indian Tribal Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination With 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This rule 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 

and thus does not have ‘‘tribal 

implications,’’ within the meaning of 

Executive Order 13175. This rule 

implements requirements specifically 

and explicitly set forth by the Congress 

in section 328 of the Clean Air Act, 

without the exercise of any policy 

discretion by EPA. As required by 

section 328 of the Clean Air Act, this 

rule simply updates the existing OCS 

rules to make them consistent with 

current COA requirements. In addition, 

this rule does not impose substantial 

direct compliance costs tribal 

governments, nor preempt tribal law. 

Consultation with Indian tribes is 

therefore not required under Executive 

Order 13175. Nonetheless, in the spirit 

of Executive Order 13175 and consistent 

with EPA policy to promote 

communications between EPA and 

tribes, EPA specifically solicits 

comments on this proposed rule from 

tribal officials. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

Executive Order 13045: ‘‘Protection of 

Children From Environmental Health 

Risks and Safety Risks’’ (62 FR 19885 

(April 23, 1997)), applies to any rule 

that: (1) Is determined to be 

‘‘economically significant’’ as defined 

under Executive Order 12866, and (2) 

concerns an environmental health or 

safety risk that EPA has reason to 

believe may have a disproportionate 

effect on children. If the regulatory 

action meets both criteria, the Agency 

must evaluate the environmental health 

or safety effects of the planned rule on 

children, and explain why the planned 

regulation is preferable to other 

potentially effective and reasonably 

feasible alternatives considered by the 

Agency. 

This proposed rule is not subject to 

Executive Order 13045 because it is not 

economically significant as defined in 

Executive Order 12866. In addition, the 

Agency does not have reason to believe 

the environmental health or safety risks 

addressed by this action present a 

disproportional risk to children. 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed rule is not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law No. 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable laws or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTAA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decided 

not to use available and applicable 

voluntary consensus standards. 

As discussed above, these rules 

implement requirements specifically 

and explicitly set forth by the Congress 

in section 328 of the Clean Air Act, 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
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without the exercise of any policy 

discretion by EPA. As required by 

section 328 of the Clean Air Act, this 

rule simply updates the existing OCS 

rules to make them consistent with 

current COA requirements. In the 

absence of a prior existing requirement 

for the state to use voluntary consensus 

standards and in light of the fact that 

EPA is required to make the OCS rules 

consistent with current COA 

requirements, it would be inconsistent 

with applicable law for EPA to use 

voluntary consensus standards in this 

action. Therefore, EPA is not 

considering the use of any voluntary 

consensus standards. EPA welcomes 

comments on this aspect of the 

proposed rulemaking and, specifically, 

invites the public to identify 

potentially-applicable voluntary 

consensus standards and to explain why 

such standards should be used in this 

regulation. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. EPA 

lacks the discretionary authority to 

address environmental justice in this 

proposed action. This rule implements 

requirements specifically and explicitly 

set forth by the Congress in section 328 

of the Clean Air Act, without the 

exercise of any policy discretion by 

EPA. As required by section 328 of the 

Clean Air Act, this rule simply updates 

the existing OCS rules to make them 

consistent with current COA 

requirements. 

Although EPA lacks authority to 

modify today’s regulatory decision on 

the basis of environmental justice 

considerations, EPA nevertheless 

explored this issue and found the 

following. This action, namely, 

updating the OCS rules to make them 

consistent with current COA 

requirements, will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it increases the level of 

environmental protection for all affected 

populations without having any 

disproportionately high and adverse 

human health or environmental effects 

on any population, including any 

minority or low-income population. 

Environmental justice considerations 

may be appropriate to consider in the 

context of a specific OCS permit 

application. 

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: September 13, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

For the reasons set out in the 

preamble, title 40 of the Code of Federal 

Regulations, part 55, is proposed to be 

amended as follows: 

PART 55—OUTER CONTINENTAL 

SHELF AIR REGULATIONS 

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 

Pub. L. 101–549. 

2. Section 55.14 is amended by 

revising paragraphs (e)(3)(ii)(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) * * * 

(H) Ventura County Air Pollution 

Control District Requirements 

Applicable to OCS Sources. 

* * * * * 

3. Appendix A to part 55 is amended 

by revising paragraphs (b)(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 

* * * * * 

California 

* * * * * 

(b) * * * 

* * * * * 

(8) The following requirements are 

contained in Ventura County Air Pollution 

Control District Requirements Applicable to 

OCS Sources: 

Rule 2 Definitions (Adopted 04/12/11) 

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

Rule 6 Severability (Adopted 11/21/78) 

Rule 7 Zone Boundaries (Adopted 06/14/ 

77) 

Rule 10 Permits Required (Adopted 04/13/ 

04) 

Rule 11 Definition for Regulation II 

(Adopted 03/14/06) 

Rule 12 Applications for Permits (Adopted 

06/13/95) 

Rule 13 Action on Applications for an 

Authority To Construct (Adopted 06/13/ 

95) 

Rule 14 Action on Applications for a Permit 

To Operate (Adopted 06/13/95) 

Rule 15.1 Sampling and Testing Facilities 

(Adopted 10/12/93) 

Rule 16 BACT Certification (Adopted 06/ 

13/95) 

Rule 19 Posting of Permits (Adopted 05/23/ 

72) 

Rule 20 Transfer of Permit (Adopted 05/23/ 

72) 

Rule 23 Exemptions From Permits 

(Adopted 04/12/11) 

Rule 24 Source Recordkeeping, Reporting, 

and Emission Statements (Adopted 09/ 

15/92) 

Rule 26 New Source Review—General 

(Adopted 03/14/06) 

Rule 26.1 New Source Review—Definitions 

(Adopted 11/14/06) 

Rule 26.2 New Source Review— 

Requirements (Adopted 05/14/02) 

Rule 26.3 New Source Review—Exemptions 

(Adopted 03/14/06) 

Rule 26.6 New Source Review— 

Calculations (Adopted 03/14/06) 

Rule 26.8 New Source Review—Permit To 

Operate (Adopted 10/22/91) 

Rule 26.10 New Source Review— 

Prevention of Significant Deterioration 

(PSD)(Repealed 06/28/11) 

Rule 26.11 New Source Review—ERC 

Evaluation at Time of Use (Adopted 05/ 

14/02) 

Rule 26.12 Federal Major Modifications 

(Adopted 06/27/06) 

Rule 26.13 New Source Review— 

Prevention of Significant Deterioration 

(PSD) (Adopted 06/28/11) 

Rule 28 Revocation of Permits (Adopted 07/ 

18/72) 

Rule 29 Conditions on Permits (Adopted 

03/14/06) 

Rule 30 Permit Renewal (Adopted 04/13/ 

04) 

Rule 32 Breakdown Conditions: Emergency 

Variances, A., B.1., and D. only. 

(Adopted 02/20/79) 

Rule 33 Part 70 Permits—General (Adopted 

04/12/11) 

Rule 33.1 Part 70 Permits—Definitions 

(Adopted 04/12/11) 

Rule 33.2 Part 70 Permits—Application 

Contents (Adopted 04/10/01) 

Rule 33.3 Part 70 Permits—Permit Content 

(Adopted 09/12/06) 

Rule 33.4 Part 70 Permits—Operational 

Flexibility (Adopted 04/10/01) 

Rule 33.5 Part 70 Permits—Timeframes for 

Applications, Review and Issuance 

(Adopted 10/12/93) 

Rule 33.6 Part 70 Permits—Permit Term 

and Permit Reissuance (Adopted 10/12/ 

93) 


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Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Proposed Rules 61313 

Rule 33.7 Part 70 Permits—Notification 

(Adopted 04/10/01) 

Rule 33.8 Part 70 Permits—Reopening of 

Permits (Adopted 10/12/93) 

Rule 33.9 Part 70 Permits—Compliance 

Provisions (Adopted 04/10/01) 

Rule 33.10 Part 70 Permits—General Part 70 

Permits (Adopted 10/12/93) 

Rule 34 Acid Deposition Control (Adopted 

03/14/95) 

Rule 35 Elective Emission Limits (Adopted 

04/12/11) 

Rule 36 New Source Review—Hazardous 

Air Pollutants (Adopted 10/06/98) 

Rule 42 Permit Fees (Adopted 04/12/11) 

Rule 44 Exemption Evaluation Fee 

(Adopted 04/08/08) 

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

Rule 45.2 Asbestos Removal Fees (Adopted 

08/04/92) 

Rule 47 Source Test, Emission Monitor, and 

Call-Back Fees (Adopted 06/22/99) 

Rule 50 Opacity (Adopted 04/13/04) 

Rule 52 Particulate Matter-Concentration 

(Grain Loading) (Adopted 04/13/04) 

Rule 53 Particulate Matter-Process Weight 

(Adopted 04/13/04) 

Rule 54 Sulfur Compounds (Adopted 06/ 

14/94) 

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

Rule 57 Incinerators (Adopted 01/11/05) 

Rule 57.1 Particulate Matter Emissions 

From Fuel Burning Equipment (Adopted 

01/11/05) 

Rule 62.7 Asbestos—Demolition and 

Renovation (Adopted 09/01/92) 

Rule 63 Separation and Combination of 

Emissions (Adopted 11/21/78) 

Rule 64 Sulfur Content of Fuels (Adopted 

04/13/99) 

Rule 67 Vacuum Producing Devices 

(Adopted 07/05/83) 

Rule 68 Carbon Monoxide (Adopted 04/13/ 

04) 

Rule 71 Crude Oil and Reactive Organic 

Compound Liquids (Adopted 12/13/94) 

Rule 71.1 Crude Oil Production and 

Separation (Adopted 06/16/92) 

Rule 71.2 Storage of Reactive Organic 

Compound Liquids (Adopted 09/26/89) 

Rule 71.3 Transfer of Reactive Organic 

Compound Liquids (Adopted 06/16/92) 

Rule 71.4 Petroleum Sumps, Pits, Ponds, 

and Well Cellars (Adopted 06/08/93) 

Rule 71.5 Glycol Dehydrators (Adopted 12/ 

13/94) 

Rule 72 New Source Performance Standards 

(NSPS) (Adopted 09/9/08) 

Rule 73 National Emission Standards for 

Hazardous Air Pollutants (NESHAPS 

(Adopted 09/9/08) 

Rule 74 Specific Source Standards 

(Adopted 07/06/76) 

Rule 74.1 Abrasive Blasting (Adopted 11/ 

12/91) 

Rule 74.2 Architectural Coatings (Adopted 

01/12/10) 

Rule 74.6 Surface Cleaning and Degreasing 

(Adopted 11/11/03—effective 07/01/04) 

Rule 74.6.1 Batch Loaded Vapor Degreasers 

(Adopted 11/11/03—effective 07/01/04) 

Rule 74.7 Fugitive Emissions of Reactive 

Organic Compounds at Petroleum 

Refineries and Chemical Plants (Adopted 

10/10/95) 

Rule 74.8 Refinery Vacuum Producing 

Systems, Waste-Water Separators and 

Process Turnarounds (Adopted 07/05/ 

83) 

Rule 74.9 Stationary Internal Combustion 

Engines (Adopted 11/08/05) 

Rule 74.10 Components at Crude Oil 

Production Facilities and Natural Gas 

Production and Processing Facilities 

(Adopted 03/10/98) 

Rule 74.11 Natural Gas-Fired Residential 

Water Heaters-Control of NOX (Adopted 

05/11/10) 

Rule 74.11.1 Large Water Heaters and Small 

Boilers (Adopted 09/14/99) 

Rule 74.12 Surface Coating of Metal Parts 

and Products (Adopted 04/08/08) 

Rule 74.15 Boilers, Steam Generators and 

Process Heaters (Adopted 11/08/94) 

Rule 74.15.1 Boilers, Steam Generators and 

Process Heaters (Adopted 06/13/00) 

Rule 74.16 Oil Field Drilling Operations 

(Adopted 01/08/91) 

Rule 74.20 Adhesives and Sealants 

(Adopted 01/11/05) 

Rule 74.23 Stationary Gas Turbines 

(Adopted 1/08/02) 

Rule 74.24 Marine Coating Operations 

(Adopted 11/11/03) 

Rule 74.24.1 Pleasure Craft Coating and 

Commercial Boatyard Operations 

(Adopted 01/08/02) 

Rule 74.26 Crude Oil Storage Tank 

Degassing Operations (Adopted 11/08/ 

94) 

Rule 74.27 Gasoline and ROC Liquid 

Storage Tank Degassing Operations 

(Adopted 11/08/94) 

Rule 74.28 Asphalt Roofing Operations 

(Adopted 05/10/94) 

Rule 74.30 Wood Products Coatings 

(Adopted 06/27/06) 

Rule 75 Circumvention (Adopted 11/27/78) 

Rule 101 Sampling and Testing Facilities 

(Adopted 05/23/72) 

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

Rule 103 Continuous Monitoring Systems 

(Adopted 02/09/99) 

Rule 154 Stage 1 Episode Actions (Adopted 

09/17/91) 

Rule 155 Stage 2 Episode Actions (Adopted 

09/17/91) 

Rule 156 Stage 3 Episode Actions (Adopted 

09/17/91) 

Rule 158 Source Abatement Plans (Adopted 

09/17/91) 

Rule 159 Traffic Abatement Procedures 

(Adopted 09/17/91) 

Rule 220 General Conformity (Adopted 05/ 

09/95) 

Rule 230 Notice To Comply (Adopted 9/9/ 

08) 

* * * * * 

[FR Doc. 2012–24786 Filed 10–5–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2012–0223; FRL 9733–4 ] 

Regulation of Fuels and Fuel 

Additives: Modifications to Renewable 

Fuel Standard and Diesel Sulfur 

Programs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to amend 

the definition of heating oil in the 

Renewable Fuel Standard (RFS) 

program under section 211(o) of the 

Clean Air Act. This amendment would 

expand the scope of renewable fuels 

that can generate Renewable 

Identification Numbers (RINs) as 

heating oil to include fuel oil produced 

from qualifying renewable biomass that 

would be used to generate heat to warm 

buildings or other facilities where 

people live, work, recreate, or conduct 

other activities. Fuel oils used to 

generate process heat, power, or other 

functions would not be included in the 

amended definition. Producers or 

importers of fuel oil that meets the 

amended definition of heating oil would 

be allowed to generate RINs, provided 

that the fuel oil meets the other 

requirements specified in the RFS 

regulations. This proposed amendment 

would not modify or limit fuel included 

in the current definition of heating oil. 

We are also proposing amendments to 

the diesel sulfur program to provide 

additional flexibility for transmix 

processors that produce locomotive and 

marine diesel fuel. Specifically, we are 

proposing to reinstate an allowance for 

transmix processors to produce 500 

parts per million (ppm) sulfur diesel 

fuel for use in older technology 

locomotive and marine diesel outside of 

the Northeast Mid-Atlantic Area. We are 

also requesting comment on extending 

this allowance to outside of the 

Northeast Mid-Atlantic Area. These 

proposed amendments to the diesel 

transmix provisions are expected to 

result in reduced compliance costs for 

transmix processors and users of 

locomotive and marine diesel fuel while 

having a neutral or positive 

environmental impact. EPA is also 

proposing to amend the fuel marker 

requirements for 500 ppm sulfur 

locomotive and marine (LM) diesel fuel 

to address an oversight in the original 

rulemaking where the regulations failed 

to incorporate provisions described in 

the rulemaking preamble to allow for 


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