Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Proposed Rules 28795 

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. 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Do 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). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

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

Dated: June 12, 2018. 

Onis ‘‘Trey’’ Glenn, III, 

Regional Administrator, Region 4. 

[FR Doc. 2018–13356 Filed 6–20–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R09–OAR–2018–0366; FRL–9979– 

36—Region 9] 

Outer Continental Shelf Air 

Regulations; Consistency Update for 

California 

AGENCY: Environmental Protection 

Agency (EPA) 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (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 (‘‘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 OCS 

requirements for the Santa Barbara 

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 listed in the appendix 

to the OCS air regulations. 

DATES: Any comments must arrive by 

July 23, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2018–0366 at http://

www.regulations.gov, or via email to 

Christine Vineyard, at 

vineyard.christine@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Christine Vineyard, Air Division (Air-4), 

U.S. EPA Region 9, 75 Hawthorne 

Street, San Francisco, CA 94105, (415) 

947–4125, vineyard.christine@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background Information 

II. The EPA’s Evaluation and Proposed 

Action 

A. What rule was submitted to update 40 

CFR part 55? 

B. What criteria were used to evaluate the 

rule submitted to update 40 CFR part 55? 

C. Proposed Action and Public Comment 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Background Information 

On September 4, 1992, the EPA 

promulgated 40 CFR part 55,1 which 

established requirements to control air 

pollution from OCS sources 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 the 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 the EPA to be considered for 

incorporation by reference in part 55. 

This proposed action is being taken in 

response to the submittal of 

requirements by the Santa Barbara 

County APCD. Public comments 

received in writing within 30 days of 

publication of this document will be 

considered by the EPA before 

publishing a final rule. Section 328(a) of 

the Act requires that the 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, 

the EPA must incorporate applicable 

onshore rules into part 55 as they exist 

onshore. This limits the EPA’s 

flexibility in deciding which 

requirements will be incorporated into 

part 55 and prevents the EPA from 

making substantive changes to the 

requirements it incorporates. As a 

result, the EPA may be incorporating 

rules into part 55 that do not conform 

to all of the 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 


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28796 Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Proposed Rules 

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 the EPA has not 

delegated authority to implement and enforce part 

55, the EPA will use its own administrative and 

procedural requirements to implement the 

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

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 the EPA for 

inclusion in the SIP. 

II. The EPA’s Evaluation and Proposed 

Action 

A. What rule was submitted to update 

40 CFR part 55? 

The Santa Barbara County APCD 

submitted the following requirement to 

update 40 CFR part 55: 

Rule No. Name Revised date 

360 ......................... Boilers, Water Heaters, and Process Heaters (0.075–2 MMBtu/hr.) ............................................................. 03/15/18 

An earlier version of this rule is 

currently implemented on the OCS. 

B. What criteria were used to evaluate 

the rule submitted to update 40 CFR 

part 55? 

In proposing to update 40 CFR part 

55, the EPA reviewed the rule submitted 

for inclusion in part 55 to ensure that it 

is rationally related to the attainment or 

maintenance of federal or state ambient 

air quality standards or to requirements 

of part C of title I of the Act, that it is 

not designed expressly to prevent 

exploration and development of the 

OCS and that it is potentially applicable 

to OCS sources. See 40 CFR 55.1 and 

55.12(d)(2). The EPA has also evaluated 

the rule to ensure it is not arbitrary or 

capricious. See 40 CFR 55.12(e). The 

EPA has excluded administrative and 

procedural rules 2 and requirements 

concerning toxics, which are not related 

to the attainment and maintenance of 

federal and state ambient air quality 

standards. 

C. Proposed Action and Public 

Comment 

After review of the rule against the 

criteria set forth above and in 40 CFR 

part 55, the EPA is proposing to make 

Santa Barbara County APCD Rule 360 

applicable to OCS sources. We will 

accept comments from the public on 

this proposal until July 23, 2018. 

III. Incorporation by Reference 

In this document, the EPA is 

proposing to include in a final EPA rule 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference the Santa 

Barbara County APCD rule set forth 

below. The EPA has made, and will 

continue to make, these materials 

available through www.regulations.gov 

and at the EPA Region IX Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the 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 pollution control 

requirements. To comply with this 

statutory mandate, the EPA must 

incorporate applicable onshore rules 

into 40 CFR part 55 as they exist 

onshore. See 42 U.S.C. 7627(a)(1); 40 

CFR 55.12. Thus, in promulgating OCS 

consistency updates, the EPA’s role is to 

maintain consistency between OCS 

regulations and the regulations of 

onshore areas, provided that they meet 

the criteria of the CAA. Accordingly, 

this action simply updates the existing 

OCS requirements to make them 

consistent with requirements onshore, 

without the exercise of any policy 

direction by the EPA. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not expected to be an Executive 

Order 13771 regulatory action because 

this action is not significant under 

Executive Order 12866; 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Act; and 

• Does not provide the 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 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 

or preempt tribal law. 

Under the provisions of the 

Paperwork Reduction Act, 44 U.S.C 

3501 et seq., 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. 

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. OMB 

approved EPA Information Collection 

Request No. 1601.08 on September 18, 

2017. The current approval expires 

September 30, 2020. The total burden 

for collection of information under 40 

CFR part 55 is estimated to be 27,018 

hours per year, using the definition of 

burden provided in 5 CFR 1320.3(b). 

See 82 FR 21811, 21812 (May 10, 2017). 


amozie on DSK3GDR082PROD with PROPOSALS1
Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Proposed Rules 28797 

List of Subjects in 40 CFR Part 55 

Environmental protection, 

Administrative practice and procedure, 

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: May 31, 2018. 

Deborah Jordan, 

Acting 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 

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, May 2018. 

* * * * * 

■ 3. Appendix A to 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, May 2018: 

Rule 102 Definitions (Revised 08/25/16) 

Rule 103 Severability (Adopted 10/23/78) 

Rule 105 Applicability (Revised 08/25/16) 

Rule 107 Emergencies (Adopted 04/19/01) 

Rule 201 Permits Required (Revised 06/19/ 

08) 

Rule 202 Exemptions to Rule 201 (Revised 

08/25/16) 

Rule 203 Transfer (Revised 04/17/97) 

Rule 204 Applications (Revised 08/25/16) 

Rule 205 Standards for Granting Permits 

(Revised 04/17/97) 

Rule 206 Conditional Approval of 

Authority to Construct or Permit to Operate 

(Revised 10/15/91) 

Rule 207 Denial of Application (Adopted 

10/23/78) 

Rule 210 Fees (Revised 03/17/05) 

Rule 212 Emission Statements (Adopted 10/ 

20/92) 

Rule 301 Circumvention (Adopted 10/23/ 

78) 

Rule 302 Visible Emissions (Revised 6/ 

1981) 

Rule 303 Nuisance (Adopted 10/23/78) 

Rule 304 Particulate Matter-Northern Zone 

(Adopted 10/23/78) 

Rule 305 Particulate Matter ConcentrationSouthern 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 

(Revised 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 

(Revised 06/21/12) 

Rule 322 Metal Surface Coating Thinner 

and Reducer (Adopted 10/23/78) 

Rule 323 Architectural Coatings (Revised 

11/15/01) 

Rule 323.1 Architectural Coatings (Adopted 

06/19/14, Effective 01/01/15) 

Rule 324 Disposal and Evaporation of 

Solvents (Adopted 10/23/78) 

Rule 325 Crude Oil Production and 

Separation (Revised 07/19/01) 

Rule 326 Storage of Reactive Organic 

Compound Liquids (Revised 01/18/01) 

Rule 327 Organic Liquid Cargo Tank Vessel 

Loading (Revised 12/16/85) 

Rule 328 Continuous Emission Monitoring 

(Adopted 10/23/78) 

Rule 330 Surface Coating of Metal Parts and 

Products (Revised 06/21/12) 

Rule 331 Fugitive Emissions Inspection and 

Maintenance (Revised 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) (Revised 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 (Revised 01/18/01) 

Rule 349 Polyester Resin Operations 

(Revised 06/21/12) 

Rule 352 Natural Gas-Fired Fan-Type 

Central Furnaces and Residential Water 

Heaters (Revised 10/20/11) 

Rule 353 Adhesives and Sealants (Revised 

06/21/12) 

Rule 359 Flares and Thermal Oxidizers 

(Adopted 06/28/94) 

Rule 360 Boilers, Water Heaters, and 

Process Heaters (0.075–2 MMBtu/hr.) 

(Revised 03/15/18) 

Rule 361 Small Boilers, Steam Generators, 

and Process Heaters (Adopted 01/17/08) 

Rule 370 Potential to Emit—Limitations for 

Part 70 Sources (Revised 01/20/11) 

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—Definitions 

and General Requirements (Revised 08/25/ 

16) 

Rule 802 New Source Review (Revised 08/ 

25/16) 

Rule 804 Emission Offsets (Revised 08/25/ 

16) 

Rule 805 Air Quality Impact Analysis, 

Modeling, Monitoring, and Air Quality 

Increment Consumption (Revised 08/25/ 

16) 

Rule 806 Emission Reduction Credits 

(Revised 08/25/16) 

Rule 808 New Source Review for Major 

Sources of Hazardous Air Pollutants 

(Adopted 05/20/99) 

Rule 809 Federal Minor Source New Source 

Review (Revised 08/25/16) 

Rule 810 Federal Prevention of Significant 

Deterioration (PSD) (Revised 06/20/13) 

Rule 1301 Part 70 Operating Permits— 

General Information (Revised 08/25/16) 

Rule 1302 Part 70 Operating Permits— 

Permit Application (Adopted 11/09/93) 

Rule 1303 Part 70 Operating Permits— 

Permits (Revised 01/18/01) 

Rule 1304 Part 70 Operating Permits— 

Issuance, Renewal, Modification and 

Reopening (Revised 01/18/01) 

Rule 1305 Part 70 Operating Permits— 

Enforcement (Adopted 11/09/93) 

* * * * * 

[FR Doc. 2018–13347 Filed 6–20–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

RIN 0648–BH72 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Electronic 

Reporting for Federally Permitted 

Charter Vessels and Headboats in Gulf 

of Mexico Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 


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