45604 Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Proposed Rules

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.

(2) If an educational institution or

training establishment willfully and

knowingly submits a false report or

certification, VA may disapprove that

institution’s or establishment’s courses

for further enrollments and may

discontinue educational assistance to

veterans and servicemembers already

enrolled. In doing so, VA will apply

§§ 21.4210 through 21.4216.

(Authority: 38 U.S.C. 3034, 3690)

Subpart L—Educational Assistance for

Members of the Selected Reserve

24. The authority citation for part 21,

subpart L, is revised to read as follows:

Authority: 10 U.S.C. ch. 1606; 38 U.S.C.

501(a), ch. 36, unless otherwise noted.

§ 21.7624 [Amended]

25. Section 21.7624(b) is amended by

removing ‘‘21.4202(b)’’ and adding, in

its place, ‘‘21.4210(b)’’.

26. Section 21.7633 is revised to read

as follows:

§ 21.7633 Suspension or discontinuance

of payments.

VA may suspend or discontinue

payments of educational assistance. In

doing so, VA will apply §§ 21.4210

through 21.4216.

(Authority: 10 U.S.C 16136(b); 38 U.S.C.

3690)

§ 21.7635 [Amended]

27. In § 21.7635, the introductory text

of paragraph (e) is amended by

removing ‘‘§ 21.4207 of this part’’, and

adding, in its place, ‘‘§ 21.4211 (d) and

(g)’’; paragraph (e)(2) is amended by

removing ‘‘§ 21.4207 of this part’’, and

adding, in its place, ‘‘§ 21.4211 (d) and

(g)’’; and paragraphs (e)(1), (f)(1), and

(g)(1) are amended by removing

‘‘§ 21.4134 of this part’’ wherever it

appears, and adding, in its place,

‘‘§ 21.4210’’.

28. In § 21.7658, paragraph (b)(1)

introductory text is amended by

removing ‘‘negligent’’ and adding, in its

place, ‘‘negligent:’’; paragraph (b)(1)(i) is

amended by removing ‘‘institution of

higher learning to report,’’ and adding,

in its place, ‘‘educational institution to

report’’ and by removing ‘‘reservist,’’

and adding, in its place, ‘‘reservist;’’;

paragraph (b)(1)(ii) is amended by

removing ‘‘§ 21.7644(b) of this part’’ and

adding, in its place, ‘‘§ 21.7644(c)’’; and

the section heading, the heading of

paragraph (b), and paragraph (b)(2) are

revised to read as follows:

§ 21.7658 False, late, or missing reports.

* * * * *

(b) Educational institution or training

establishment. * * *

(2) If an educational institution or

training establishment willfully and

knowingly submits a false report or

certification, VA may disapprove that

institution’s or establishment’s courses

for further enrollments and may

discontinue educational assistance to

reservists already enrolled. In doing so,

VA will apply §§ 21.4210 through

21.4216.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3690)

[FR Doc. 97–22876 Filed 8–27–97; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5883–9]

40 CFR Part 55

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 portion of the OCS air

regulations that is being updated

pertains to the requirements for OCS

sources for which the Ventura County

Air Pollution Control District (Ventura

County APCD) is the designated COA.

The intended effect of approving the

OCS requirements for the above District,

contained in the Technical Support

Document, is to regulate emissions from

OCS sources in accordance with the

requirements onshore. The change to

the existing requirements discussed

below are proposed to be incorporated

by reference into the Code of Federal

Regulations and are listed in the

appendix to the OCS air regulations.

DATES: Comments on the proposed

update must be received on or before

September 29, 1997.

ADDRESSES: Comments must be mailed

(in duplicate if possible) to: EPA Air

Docket (Air–4), Attn: Docket No. A–93–

16 Section XV, Environmental

Protection Agency, Air Division, Region

9, 75 Hawthorne St., San Francisco, CA

94105.

Docket: Supporting information used

in developing the rules and copies of

the document EPA is proposing to

incorporate by reference are contained

in Docket No. A–93–16 Section XV.

This docket is available for public

inspection and copying Monday-Friday

during regular business hours at the

following locations:

EPA Air Docket (Air–4), Attn: Docket

No. A–93–16 Section XV,

Environmental Protection Agency, Air

Division, Region 9, 75 Hawthorne St.,

San Francisco, CA 94105.

EPA Air Docket (LE–131), Attn: Air

Docket No. A–93–16 Section XV,

Environmental Protection Agency,

401 M Street SW, Room M–1500,

Washington, DC 20460.

A reasonable fee may be charged for

copying.

FOR FURTHER INFORMATION CONTACT:

Christine Vineyard, Air Division (Air–

4), U.S. EPA Region 9, 75 Hawthorne

Street, San Francisco, CA 94105, (415)

744–1197.

SUPPLEMENTARY INFORMATION:

Background

On September 4, 1992, EPA

promulgated 40 CFR part 55,1 which

established requirements to control air

pollution from OCS sources in order to

attain and maintain federal and state

ambient air quality standards and to

comply with the provisions of part C of

title I of the Act. Part 55 applies to all

OCS sources offshore of the States

except those located in the Gulf of

Mexico west of 87.5 degrees longitude.

Section 328 of the Act requires that for

such sources located within 25 miles of

a state’s seaward boundary, the

requirements shall be the same as would

be applicable if the sources were located

in the COA. Because the OCS

requirements are based on onshore

requirements, and onshore requirements

may change, section 328(a)(1) requires

that EPA update the OCS requirements

as necessary to maintain consistency

with onshore requirements.

Pursuant to section 55.12 of the OCS

rule, consistency reviews will occur (1)

at least annually; (2) upon receipt of a

Notice of Intent under section 55.4; or

(3) when a state or local agency submits

a rule to EPA to be considered for

incorporation by reference in part 55.

This proposed action is being taken in

response to the submittal of rules by a

local air pollution control agency.
Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Proposed Rules 45605

2Each COA 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).

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) 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.

EPA Evaluation and Proposed Action

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.

A. After review of the following rule

revisions submitted by Ventura County

APCD against the criteria set forth above

and in 40 CFR part 55, EPA is proposing

to make them applicable to OCS sources

for which Ventura County APCD is

designated as the COA:

Rule 42 Permit Fees (Adopted 4/15/97)

Rule 74.20 Adhesives and Sealants

(Adopted 1/14/97)

III. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

As was stated in the final regulation,

the OCS rule does not apply to any

small entities, and the structure of the

rule averts direct impacts and mitigates

indirect impacts on small entities. This

consistency update merely incorporates

onshore requirements into the OCS rule

to maintain consistency with onshore

regulations as required by section 328 of

the Act and does not alter the structure

of the rule.

The EPA certifies that this proposed

action will not have a significant impact

on a substantial number of small

entities.

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action proposed does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either States, local, or tribal OCS

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

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: August 19, 1997.

Felicia Marcus,

Regional Administrator.

Title 40 of the Code of Federal

Regulations, part 55, is proposed to be

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 proposed to be

amended by revising paragraph

(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 CFR Part 55 is

proposed to be amended by revising

paragraph (b)(8) under the heading

‘‘California’’ to read as follows:

Appendix A to 40 CFR 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 4/9/96)

Rule 5 Effective Date (Adopted 5/23/72)
45606 Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Proposed Rules

Rule 6 Severability (Adopted 11/21/78)

Rule 7 Zone Boundaries (Adopted 6/14/77)

Rule 10 Permits Required (Adopted 6/13/

95)

Rule 11 Definition for Regulation II

(Adopted 6/13/95)

Rule 12 Application for Permits (Adopted

6/13/95)

Rule 13 Action on Applications for an

Authority to Construct (Adopted 6/13/

95)

Rule 14 Action on Applications for a Permit

to Operate (Adopted 6/13/95)

Rule 15.1 Sampling and Testing Facilities

(Adopted 10/12/93)

Rule 16 BACT Certification (Adopted 6/13/

95)

Rule 19 Posting of Permits (Adopted 5/23/

72)

Rule 20 Transfer of Permit (Adopted 5/23/

72)

Rule 23 Exemptions from Permits (Adopted

7/9/96)

Rule 24 Source Recordkeeping, Reporting,

and Emission Statements (Adopted 9/15/

92)

Rule 26 New Source Review (Adopted 10/

22/91)

Rule 26.1 New Source Review—Definitions

(Adopted 10/22/91)

Rule 26.2 New Source Review—

Requirements (Adopted 10/22/91)

Rule 26.3 New Source Review—Exemptions

(Adopted 10/22/91)

Rule 26.6 New Source Review—

Calculations (Adopted 10/22/91)

Rule 26.8 New Source Review—Permit To

Operate (Adopted 10/22/91)

Rule 26.10 New Source Review—PSD

(Adopted 10/22/91)

Rule 28 Revocation of Permits (Adopted 7/

18/72)

Rule 29 Conditions on Permits (Adopted

10/22/91)

Rule 30 Permit Renewal (Adopted 5/30/89)

Rule 32 Breakdown Conditions: Emergency

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

(Adopted 2/20/79)

Rule 33 Part 70 Permits—General (Adopted

10/12/93)

Rule 33.1 Part 70 Permits—Definitions

(Adopted 10/12/93)

Rule 33.2 Part 70 Permits—Application

Contents (Adopted 10/12/93)

Rule 33.3 Part 70 Permits—Permit Content

(Adopted 10/12/93)

Rule 33.4 Part 70 Permits—Operational

Flexibility (Adopted 10/12/93)

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)

Rule 33.7 Part 70 Permits—Notification

(Adopted 10/12/93)

Rule 33.8 Part 70 Permits—Reopening of

Permits (Adopted 10/12/93)

Rule 33.9 Part 70 Permits—Compliance

Provisions (Adopted 10/12/93)

Rule 33.10 Part 70 Permits—General Part 70

Permits (Adopted 10/12/93)

Rule 34 Acid Deposition Control (Adopted

3/14/95)

Rule 35 Elective Emission Limits (Adopted

11/12/96)

Appendix II–B Best Available Control

Technology (BACT) Tables (Adopted 12/

86)

Rule 42 Permit Fees (Adopted 4/15/97)

Rule 44 Exemption Evaluation Fee

(Adopted 9/10/96)

Rule 45 Plan Fees (Adopted 6/19/90)

Rule 45.2 Asbestos Removal Fees (Adopted

8/4/92)

Rule 50 Opacity (Adopted 2/20/79)

Rule 52 Particulate Matter—Concentration

(Adopted 5/23/72)

Rule 53 Particulate Matter—Process Weight

(Adopted 7/18/72)

Rule 54 Sulfur Compounds (Adopted 6/14/

94)

Rule 56 Open Fires (Adopted 3/29/94)

Rule 57 Combustion Contaminants—

Specific (Adopted 6/14/77)

Rule 60 New Non-Mobile Equipment—

Sulfur Dioxide, Nitrogen Oxides, and

Particulate Matter (Adopted 7/8/72)

Rule 62.7 Asbestos—Demolition and

Renovation (Adopted 6/16/92)

Rule 63 Separation and Combination of

Emissions (Adopted 11/21/78)

Rule 64 Sulfur Content of Fuels (Adopted

6/14/94)

Rule 67 Vacuum Producing Devices

(Adopted 7/5/83)

Rule 68 Carbon Monoxide (Adopted 6/14/

77)

Rule 71 Crude Oil and Reactive Organic

Compound Liquids (Adopted 12/13/94)

Rule 71.1 Crude Oil Production and

Separation (Adopted 6/16/92)

Rule 71.2 Storage of Reactive Organic

Compound Liquids (Adopted 9/26/89)

Rule 71.3 Transfer of Reactive Organic

Compound Liquids (Adopted 6/16/92)

Rule 71.4 Petroleum Sumps, Pits, Ponds,

and Well Cellars (Adopted 6/8/93)

Rule 71.5 Glycol Dehydrators (Adopted 12/

13/94)

Rule 72 New Source Performance Standards

(NSPS) (Adopted 9/10/96)

Rule 74 Specific Source Standards

(Adopted 7/6/76)

Rule 74.1 Abrasive Blasting (Adopted 11/

12/91)

Rule 74.2 Architectural Coatings (Adopted

8/11/92)

Rule 74.6 Surface Cleaning and Degreasing

(Adopted 7/9/96)

Rule 74.6.1 Cold Cleaning Operations

(Adopted 7/9/96)

Rule 74.6.2 Batch Loaded Vapor Degreasing

Operations (Adopted 7/9/96)

Rule 74.7 Fugitive Emissions of Reactive

Organic Compounds at Petroleum

Refineries and Chemical Plants (Adopted

1/10/89)

Rule 74.8 Refinery Vacuum Producing

Systems, Waste-water Separators and

Process Turnarounds (Adopted 7/5/83)

Rule 74.9 Stationary Internal Combustion

Engines (Adopted 12/21/93)

Rule 74.10 Components at Crude Oil

Production Facilities and Natural Gas

Production and Processing Facilities

(Adopted 6/16/92)

Rule 74.11 Natural Gas-Fired Residential

Water Heaters—Control of NOX

(Adopted 4/9/85)

Rule 74.12 Surface Coating of Metal Parts

and Products (Adopted 9/10/96)

Rule 74.15 Boilers, Steam Generators and

Process Heaters (5MM BTUs and greater)

(Adopted 11/8/94)

Rule 74.15.1 Boilers, Steam Generators and

Process Heaters (1–5MM BTUs)

(Adopted 6/13/95)

Rule 74.16 Oil Field Drilling Operations

(Adopted 1/8/91)

Rule 74.20 Adhesives and Sealants

(Adopted 1/14/97)

Rule 74.23 Stationary Gas Turbines

(Adopted 3/14/95)

Rule 74.24 Marine Coating Operations

(Adopted 9/10/96)

Rule 74.26 Crude Oil Storage Tank

Degassing Operations (Adopted 11/8/94)

Rule 74.27 Gasoline and ROC Liquid

Storage Tank Degassing Operations

(Adopted 11/8/94)

Rule 74.28 Asphalt Roofing Operations

(Adopted 5/10/94)

Rule 74.30 Wood Products Coatings

(Adopted 9/10/96)

Rule 75 Circumvention (Adopted 11/27/78)

Appendix IV–A Soap Bubble Tests

(Adopted 12/86)

Rule 100 Analytical Methods (Adopted 7/

18/72)

Rule 101 Sampling and Testing Facilities

(Adopted 5/23/72)

Rule 102 Source Tests (Adopted 11/21/78)

Rule 103 Stack Monitoring (Adopted 6/4/

91)

Rule 154 Stage 1 Episode Actions (Adopted

9/17/91)

Rule 155 Stage 2 Episode Actions (Adopted

9/17/91)

Rule 156 Stage 3 Episode Actions (Adopted

9/17/91)

Rule 158 Source Abatement Plans (Adopted

9/17/91)

Rule 159 Traffic Abatement Procedures

(Adopted 9/17/91)

Rule 220 General Conformity (Adopted 5/9/

95)

* * * * *

[FR Doc. 97–22950 Filed 8–27–97; 8:45 am]

BILLING CODE 6560–50–M

DEPARTMENT OF THE INTERIOR

Office of Hearings and Appeals

43 CFR Part 4

RIN 1090–AA63

Department Hearings and Appeals

Procedures

AGENCY: Office of Hearings and Appeals,

Interior.

ACTION: Proposed rule.

SUMMARY: The Department of the

Interior’s Office of Hearings and

Appeals is proposing to amend its rules

to provide that, except as otherwise

provided by law or other regulation, a

decision will be stayed, if it is appealed,

until there is a dispositive decision on

the appeal.