72744 Federal Register / Vol. 77, No. 235 / Thursday, December 6, 2012 / Rules and Regulations 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Air pollution control, Environmental 

protection,, Incorporation by reference, 

Intergovernmental relations, Nitrogen 

Oxides, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

oxides, Visibility. Volatile organic 

compounds. 

Dated: August 20, 2012. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart WW—Washington 

■ 2. Section 52.2470 is amended by 

adding paragraph (c)(89) to read as 

follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(c) * * * 

(89) On December 29, 2011, the 

Washington State Department of 

Ecology submitted a Best Available 

Retrofit Technology (BART) 

determination and revised BART Order 

6426 for the TransAlta Centralia 

Generating LLC facility in Centralia, 

Washington. 

(i) Incorporation by reference. 

(A) State of Washington, Department 

of Ecology, Order 6426, first revision, 

‘‘BART Emission Limitations,’’ issued to 

TransAlta Centralia Generation, LLC, 

dated December 13, 2011, except the 

undesignated introductory text, the 

section titled ‘‘Findings,’’ and the 

undesignated text following condition 

13. 

■ 3. Section 52.2475 is amended by 

adding paragraph (g)(2) to read as 

follows: 

§ 52.2475 Approval of plans. 

* * * * * 

(g) * * * 

(2) EPA approves the Best Available 

Retrofit Technology (BART) 

determination for the TransAlta 

Centralia Generating LLC facility in 

Centralia Washington submitted by the 

Washington State Department of 

Ecology on December 29, 2011. 

[FR Doc. 2012–29397 Filed 12–5–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R09–OAR–2004–0091; FRL–9750–6] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

California 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (‘‘EPA’’) is finalizing the update 

of the Outer Continental Shelf (‘‘OCS’’) 

Air Regulations proposed in the Federal 

Register on August 30, 2012. 

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 

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 Santa Barbara 

County Air Pollution Control District 

(‘‘Santa Barbara County APCD’’ or 

‘‘District’’) 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. 

DATES: This rule is effective on January 

7, 2013. The incorporation by reference 

of certain publications listed in this rule 

is approved by the Director of the 

Federal Register as of January 7, 2013. 

ADDRESSES: EPA has established docket 

number OAR–2004–0091 for this action. 

The index to the docket is available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed in the index, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material), and some may 

not be publicly available in either 

location (e.g., CBI). To inspect the hard 

copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia G. Allen, Air Division (Air–4), 

U.S. EPA Region 9, 75 Hawthorne 

Street, San Francisco, CA 94105, (415) 

947–4120, allen.cynthia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to U.S. EPA. 

Organization of this document: The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background 

II. Public Comment 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On August 30, 2012 (77 FR 52630), 

EPA proposed to incorporate various 

Santa Barbara County APCD air 

pollution control requirements into the 

OCS Air Regulations at 40 CFR part 55. 

We are incorporating these requirements 

in response to the submittal of these 

rules by the District. EPA has evaluated 

the proposed requirements to ensure 

that they are rationally related to the 

attainment or maintenance of federal or 

state ambient air quality standards or 

Part C of title I of the Act, that they are 

not designed expressly to prevent 

exploration and development of the 

OCS and that they are applicable to OCS 

sources. 40 CFR 55.1. EPA has also 

evaluated the rules to ensure that they 

are not arbitrary or capricious. 40 CFR 

55.12(e). 

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. Public Comment 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received no comments on the 

proposed action. 

III. EPA Action 

In this document, EPA takes final 

action to incorporate the proposed 

changes into 40 CFR part 55. No 

changes were made to the proposed 

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Federal Register / Vol. 77, No. 235 / Thursday, December 6, 2012 / Rules and Regulations 72745 

action except for minor technical 

corrections to the list of rules in the part 

55 regulatory text to accurately reflect 

the action we proposed. EPA is 

approving the proposed action under 

section 328(a)(1) of the Act, 42 U.S.C. 

7627. Section 328(a) of the Act requires 

that EPA establish requirements to 

control air pollution from OCS sources 

located within 25 miles of states’ 

seaward boundaries that are the same as 

onshore requirements. To comply with 

this statutory mandate, EPA must 

incorporate applicable onshore rules 

into Part 55 as they exist onshore. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to establish 

requirements to control air pollution 

from OCS sources located within 25 

miles of States’ seaward boundaries that 

are the same as onshore air control 

requirements. To comply with this 

statutory mandate, EPA must 

incorporate applicable onshore rules 

into part 55 as they exist onshore. 42 

U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, 

in promulgating OCS consistency 

updates, EPA’s role is to maintain 

consistency between OCS regulations 

and the regulations of onshore areas, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, this 

action simply updates the existing OCS 

requirements to make them consistent 

with requirements onshore, without the 

exercise of any policy discretion by 

EPA. For that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because it does not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

nor does it impose substantial direct 

compliance costs on tribal governments, 

nor preempt tribal law. 

Under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq., 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. Notice 

of OMB’s approval of EPA Information 

Collection Request (‘‘ICR’’) No. 1601.07 

was published in the Federal Register 

on February 17, 2009 (74 FR 7432). The 

approval expires January 31, 2012. 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, using 

the definition of burden provided in 44 

U.S.C. 3502(2). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

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

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by February 4, 2013. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial 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: October 17, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Title 40 of the Code of Federal 

Regulations, part 55, is 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 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, October 

2012. 

* * * * * 

■ 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. 

* * * * * 

mstockstill on DSK4VPTVN1PROD with 

72746 Federal Register / Vol. 77, No. 235 / Thursday, December 6, 2012 / Rules and Regulations 

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 06/21/12) 

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 

06/21/12) 

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 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 

(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 06/21/12) 

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 06/21/12) 

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 349 Polyester Resin Operations 

(Adopted 06/21/12) 

Rule 352 Natural Gas-Fired Fan-Type 

Central Furnaces and Residential Water 

Heaters (Adopted 10/20/11) 

Rule 353 Adhesives and Sealants (Adopted 

06/21/12) 

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. 2012–29413 Filed 12–5–12; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2012–0223; FRL– 9758–8] 

Regulation of Fuels and Fuel 

Additives: Modifications to Renewable 

Fuel Standard and Diesel Sulfur 

Programs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: EPA published a direct final 

rule on October 9, 2012 to amend the 

definition of heating oil in 40 CFR 

80.1401 in the Renewable Fuel Standard 

(‘‘RFS’’) program under section 211(o) of 

the Clean Air Act. The direct final rule 

also amended requirements under EPA’s 

diesel sulfur program related to the 

sulfur content of locomotive and marine 

diesel fuel produced by transmix 

processors, and the fuel marker 

requirements for 500 ppm sulfur 

locomotive and marine (LM) diesel fuel 

to allow for solvent yellow 124 marker 

to transition out of the distribution 

system. Because EPA received adverse 

comments on the heating oil definition 

and transmix amendments, we are 

withdrawing those portions of the direct 

final rule. Because EPA did not receive 

adverse comments with respect to the 

yellow marker amendments, those 

amendments will become effective as 

indicated in the direct final rule. 

DATES: Effective December 6, 2012, EPA 

withdraws the amendments to 40 CFR 

80.511, 80.513, 80.572, 80.597, 80.1401, 

80.1450, 80.1451, 80.1453, 80.1454, and 

80.1460 published at 77 FR 61281 

(October 9, 2012). Because EPA did not 

receive adverse comments with respect 

to the amendments to 40 CFR 80.510, 

80.598, 80.610, and 80.1426, those 

amendments will become effective on 

December 10, 2012, as indicated in the 

direct final rule. 

FOR FURTHER INFORMATION CONTACT: 

Kristien Knapp, Office of Transportation 

and Air Quality, Mail Code: 6405J, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW., 20460; 

telephone number: (202) 343–9949; fax 

number: (202) 343–2800; email address: 

knapp.kristien@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA 

published a direct final rule on October 

9, 2012 (77 FR 61281) to amend 

provisions in the renewable fuel 

standard (RFS) and diesel sulfur fuel 

programs. The RFS amendment would 

have changed the definition of home 

heating oil. The diesel sulfur 

amendments would have provided 

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