Federal Register / Vol. 65, No. 238 / Monday, December 11, 2000 / Proposed Rules 77333

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.

makes transmissions as exclusively

interactive or noninteractive. The

statutory definition of an ‘‘interactive

service’’ and the DMCA Conference

Report make it clear that a transmitting

entity may offer both types of service,

either concurrently or at different times,

and that ‘‘the noninteractive

components are not to be treated as part

of an interactive service, and thus are

eligible for statutory licensing.’’ See,

DMCA Conference Report at 88 (1998).

The proposed amendment makes no

mention of this nuance of the law.

Moreover, the Copyright Office is not

persuaded that any new rules are

necessary to discern which parties

should participate in the current

copyright arbitration royalty panel

proceeding, the purpose of which is

only to set rates and terms for the public

performance of sound recordings made

in accordance with the section 114

statutory license. 17 U.S.C. 114(f)(2)(A).

The panel’s responsibility is to establish

the value of the performances and set

appropriate rates, not to discern

whether a particular service meets the

eligibility requirements for using the

license.

In short, the Office does not believe

that DiMA has presented a persuasive

case that a rulemaking on this issue is

necessary, desirable, or feasible.

For these reasons, the Office denies

DiMA’s petition.

Dated: November 21, 2000.

Marybeth Peters,

Register of Copyrights.

[FR Doc. 00–31458 Filed 12–8–00; 8:45 am]

BILLING CODE 1410–31–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 55

[FRL–6914–9]

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 South Coast Air

Quality Management District (South

Coast AQMD) and Ventura County Air

Pollution Control District (Ventura

County APCD) are the designated COAs.

The intended effect of approving the

OCS requirements for the above

Districts, contained in the Technical

Support Document, is to regulate

emissions from OCS sources in

accordance with the requirements

onshore. The changes 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

January 10, 2001.

ADDRESSES: Comments must be mailed

(in duplicate if possible) to: EPA Air

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

16 Section XXII, Environmental

Protection Agency, Air Division, Region

9, 75 Hawthorne St., San Francisco, CA

94105.

Docket: Supporting information used

in developing the rule and copies of the

documents EPA is proposing to

incorporate by reference are contained

in Docket No. A–93–16 Section XXII.

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 XXII,

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 XXII,

Environmental Protection Agency, Air

Docket (6102), Ariel Rios Building,

1200 Pennsylvania Avenue, NW.,

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:

I. Background Information

Why is EPA taking this action?

II. EPA’s Evaluation

A. What criteria was used to evaluate rules

submitted for update of 40 CFR part 55?

B. What rule requirements were submitted

for update of 40 CFR part 55?

I. Background Information

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 the submittal of rules by two

local air pollution control agencies.

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

77334 Federal Register / Vol. 65, No. 238 / Monday, December 11, 2000 / 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 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).

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 Was Used To Evaluate

Rules Submitted for Update of 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 Rule Requirements Were

Submitted for Update of 40 CFR Part

55?

1. After review of the rules submitted

by South Coast AQMD against the

criteria set forth above and in 40 CFR

part 55, EPA is proposing to make the

following rule revisions applicable to

OCS sources for which the South Coast

AQMD is designated as the COA:

Rule No. Rule names Adoption

date

102 ................................ Definition of Terms ......................................................................................................................................... 04/09/99

210 ................................ Applications and Regulation II—List and Criteria Identifying Information required of Applicants Seeking a

Permit to Construct from the SCAQMD.

04/10/98

218 ................................ Continuous Emission Monitoring .................................................................................................................... 05/14/99

219 ................................ Equipment Not Requiring a Permit Pursuant to Regulation II ....................................................................... 05/19/00

301 ................................ Permit Fees (except (e)(6) and Table IV) ...................................................................................................... 05/19/00

304 ................................ Equipment, Materials, and Ambient Air Analyses .......................................................................................... 05/19/00

304.1 ............................. Analyses Fees ................................................................................................................................................ 05/19/00

306 ................................ Plan Fees ....................................................................................................................................................... 05/19/00

309 ................................ Fees for Regulation XVI ................................................................................................................................. 05/19/00

401 ................................ Visible Emissions ........................................................................................................................................... 09/11/98

403 ................................ Fugitive Dust .................................................................................................................................................. 12/11/98

403.1 ............................. Wind Entertainment of Fugitive Dust ............................................................................................................. 06/16/00

431.1 ............................. Sulfur Content of Gaseous Fuels ................................................................................................................... 06/12/98

465 ................................ Vacuum Producing Devices or Systems ........................................................................................................ 08/13/99

Reg. IX .......................... New Source Performance Standards ............................................................................................................ 05/19/00

1107 .............................. Coating of Metal Parts and Products ............................................................................................................. 08/14/98

1113 .............................. Architectural Coatings .................................................................................................................................... 05/14/99

1121 .............................. Control of Nitrogen Oxides from Residential-Type, Natural Gas-Fired Water Heaters ................................ 12/10/99

1146 .............................. Emissions of Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters.06/16/00

1171 .............................. Solvent Cleaning Operations ......................................................................................................................... 10/08/99

1610 .............................. Old-Vehicle Scrapping .................................................................................................................................... 02/12/99

1612 .............................. Credits for Clean On-Road Vehicles .............................................................................................................. 07/10/98

1620 .............................. Credits for Clean Off-Road Mobile Equipment .............................................................................................. 07/10/98

1701 .............................. General ........................................................................................................................................................... 08/13/99

1702 .............................. Definitions ....................................................................................................................................................... 08/13/99

1704 .............................. Exemptions ..................................................................................................................................................... 08/13/99

1706 .............................. Emission Calculations .................................................................................................................................... 08/13/99

2005 .............................. New Source Review for RECLAIM except (i) ................................................................................................ 04/09/99

2011 .............................. Requirements for Monitoring, Reporting, and Recordkeeping for Oxides of Sulfur (SOX) Emissions ......... 04/09/99

2012 .............................. Requirements for Monitoring, Reporting, and Recordkeeping for Oxides of Nitrogen ( NOX) Emissions .... 04/09/99

The following new rules were submitted and are proposed for incorporation:

112 ................................ Definition of Minor Violation and Guidelines for Issuance of Notice to Comply ............................................ 11/13/98

218.1 ............................. Continuous Emission Monitoring Performance Specifications ...................................................................... 05/14/99

218.1 ............................. Attachment A—Supplemental and Alternative CEMS Performance Requirements ...................................... 05/14/99

2506 .............................. Area Source Credits for NOX and SOX ......................................................................................................... 12/10/99

The following rules were submitted, but will not be incorporated because they are administrative:

216 ................................ Appeals ........................................................................................................................................................... 05/19/00

222 ................................ Filing Requirements for Specific Emission Sources Not Requiring a Permit Pursuant to Regulation II ...... 05/19/00

303 ................................ Hearing Board Fees ....................................................................................................................................... 05/19/00

311 ................................ Air Quality Investment Program (AQIP) Fees ................................................................................................ 05/19/00

2. After review of the rules submitted

by Ventura County APCD against the

criteria set forth above and in 40 CFR

part 55, EPA is proposing to make the

following rule revisions applicable to

OCS sources for which the Ventura

County APCD is designated as the COA:

Federal Register / Vol. 65, No. 238 / Monday, December 11, 2000 / Proposed Rules 77335

Rule No. Rule name Adoption

date

42 .................................. Permit Fees .................................................................................................................................................... 06/13/00

74.15.1 .......................... Boilers, Steam Generators, and Process Heaters ......................................................................................... 06/13/00

III. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from Executive Order 12866,

Regulatory Planning and Review.

B. Executive Order 13045

Executive Order 13045, entitled

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 rule is not subject to Executive

Order 13045 because it does not involve

decisions intended to mitigate

environmental health or safety risks.

C. Executive Order 13084

Under Executive Order 13084,

Consultation and Coordination with

Indian Tribal Governments, EPA may

not issue a regulation that is not

required by statute, that significantly or

uniquely affects the communities of

Indian tribal governments, and that

imposes substantial direct compliance

costs on those communities, unless the

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments, or EPA consults with

those governments. If EPA complies by

consulting, Executive Order 13084

requires EPA to provide to the OMB in

a separately identified section of the

preamble to the rule, a description of

the extent of EPA’s prior consultation

with representatives of affected tribal

governments, a summary of the nature

of their concerns, and a statement

supporting the need to issue the

regulation. In addition, Executive Order

13084 requires EPA to develop an

effective process permitting elected

officials and other representatives of

Indian tribal governments ‘‘to provide

meaningful and timely input in the

development of regulatory policies on

matters that significantly or uniquely

affect their communities.’’

Today’s proposed rule does not

significantly or uniquely affect the

communities of Indian tribal

governments. Accordingly, the

requirements of section 3(b) of

Executive Order 13084 do not apply to

this proposed rule.

D. Executive Order 13132

Executive Order 13132, entitled

Federalism (64 FR 43255, August 10,

1999) revokes and replaces Executive

Orders 12612, Federalism and 12875,

Enhancing the Intergovernmental

Partnership. Executive Order 13132

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.’’ Under

Executive Order 13132, EPA may not

issue a regulation that has federalism

implications, that imposes substantial

direct compliance costs, and that is not

required by statute, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by State and local

governments, or EPA consults with

State and local officials early in the

process of developing the proposed

regulation. EPA also may not issue a

regulation that has federalism

implications and that preempts State

law unless the Agency consults with

State and local officials early in the

process of developing the proposed

regulation.

This proposed rule 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, because it

merely acts on a state rule implementing

a federal standard, and does not alter

the relationship or the distribution of

power and responsibilities established

in the Clean Air Act. Thus, the

requirements of section 6 of the

Executive Order do not apply to this

proposed rule.

E. 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.

This proposed rule will not have a

significant impact on a substantial

number of small entities because SIP

approvals under section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements but

simply act on requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not create any new requirements, I

certify that this action will not have a

significant economic impact on a

substantial number of small entities.

F. 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

proposed action does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This proposed Federal

action acts on pre-existing requirements

under State or local law, and imposes

77336 Federal Register / Vol. 65, No. 238 / Monday, December 11, 2000 / Proposed Rules

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

G. National Technology Transfer and

Advancement Act

Section 12 of the National Technology

Transfer and Advancement Act

(NTTAA) of 1995 requires Federal

agencies to evaluate existing technical

standards when developing a new

regulation. To comply with NTTAA,

EPA must consider and use ‘‘voluntary

consensus standards’’ (VCS) if available

and applicable when developing

programs and policies unless doing so

would be inconsistent with applicable

law or otherwise impractical.

EPA believes that VCS are

inapplicable to today’s proposed action

because it does not require the public to

perform activities conducive to the use

of VCS.

List of Subjects in 40 CFR Part 55

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: November 20, 2000.

Felicia Marcus,

Regional Administrator, Region IX.

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 paragraphs

(e)(3)(ii)(G) and (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) * * *

(G) South Coast Air Quality

Management District Requirements

Applicable to OCS Sources.

(H) Ventura County Air Pollution

Control District Requirements

Applicable to OCS Sources.

* * * * *

Appendix to Part 55—[Amended]

3. Appendix A to 40 CFR Part 55 is

proposed to be amended by revising

paragraph (b)(7) and (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) Local requirements.

* * * * *

(7) The following requirements are

contained in South Coast Air Quality

Management District Requirements

Applicable to OCS Sources (Part I, II and III):

Rule 102 Definition of Terms (Adopted 4/9/

99)

Rule 103 Definition of Geographical Areas

(Adopted 1/9/76)

Rule 104 Reporting of Source Test Data and

Analyses (Adopted 1/9/76)

Rule 108 Alternative Emission Control

Plans (Adopted 4/6/90)

Rule 109 Recordkeeping for Volatile

Organic Compound Emissions (Adopted

3/6/92)

Rule 112 Definition of Minor Violation and

Guidelines for Issuance of Notice to

Comply (Adopted 11/13/98)

Rule 118 Emergencies (Adopted 12/7/95)

Rule 201 Permit to Construct (Adopted 1/5/

90)

Rule 201.1 Permit Conditions in Federally

Issued Permits to Construct (Adopted 1/

5/90)

Rule 202 Temporary Permit to Operate

(Adopted 5/7/76)

Rule 203 Permit to Operate (Adopted 1/5/

90)

Rule 204 Permit Conditions (Adopted 3/6/

92)

Rule 205 Expiration of Permits to Construct

(Adopted 1/5/90)

Rule 206 Posting of Permit to Operate

(Adopted 1/5/90)

Rule 207 Altering or Falsifying of Permit

(Adopted 1/9/76)

Rule 208 Permit for Open Burning

(Adopted 1/5/90)

Rule 209 Transfer and Voiding of Permits

(Adopted 1/5/90)

Rule 210 Applications and Regulation II—

List and Criteria Identifying Information

required of Applicants Seeking a Permit

to Construct from the SCAQMD

(Adopted 4/10/98)

Rule 211 Definition of Minor Violation and

Guidelines for Issuance of Notice to

Comply (Adopted 11/13/98)

Rule 212 Standards for Approving Permits

(Adopted 12/7/95) except (c)(3) and (e)

Rule 214 Denial of Permits (Adopted 1/5/

90)

Rule 217 Provisions for Sampling and

Testing Facilities (Adopted 1/5/90)

Rule 218 Continuous Emission Monitoring

(Adopted 5/14/99)

Rule 218.1 Continuous Emission

Monitoring Performance Specifications

(Adopted 5/14/99)

Rule 218.1 Attachment A—Supplemental

and Alternative CEMS Performance

Requirements (Adopted 5/14/99)

Rule 219 Equipment Not Requiring a

Written Permit Pursuant to Regulation II

(Adopted 5/19/00)

Rule 220 Exemption—Net Increase in

Emissions (Adopted 8/7/81)

Rule 221 Plans (Adopted 1/4/85)

Rule 301 Permit Fees (Adopted 5/19/00)

except (e)(6)and Table IV

Rule 304 Equipment, Materials, and

Ambient Air Analyses (Adopted 5/19/00)

Rule 304.1 Analyses Fees (Adopted 5/19/

00)

Rule 305 Fees for Acid Deposition

(Adopted 10/4/91)

Rule 306 Plan Fees (Adopted 5/19/00)

Rule 309 Fees for Regulation XVI Plans

(Adopted 5/19/00)

Rule 401 Visible Emissions (Adopted 9/11/

98)

Rule 403 Fugitive Dust (Adopted 12/11/98)

Rule 403.1 Wind Entertainment of Fugitive

Dust (06/16/00)

Rule 404 Particulate Matter—Concentration

(Adopted 2/7/86)

Rule 405 Solid Particulate Matter—Weight

(Adopted 2/7/86)

Rule 407 Liquid and Gaseous Air

Contaminants (Adopted 4/2/82)

Rule 408 Circumvention (Adopted 5/7/76)

Rule 409 Combustion Contaminants

(Adopted 8/7/81)

Rule 429 Start-Up and Shutdown

Provisions for Oxides of Nitrogen

(Adopted 12/21/90)

Rule 430 Breakdown Provisions, (a) and (e)

only (Adopted 7/12/96)

Rule 431.1 Sulfur Content of Gaseous Fuels

(Adopted 6/12/98)

Rule 431.2 Sulfur Content of Liquid Fuels

(Adopted 5/4/90)

Rule 431.3 Sulfur Content of Fossil Fuels

(Adopted 5/7/76)

Rule 441 Research Operations (Adopted 5/

7/76)

Rule 442 Usage of Solvents (Adopted 3/5/

82)

Rule 444 Open Fires (Adopted 10/2/87)

Rule 463 Organic Liquid Storage (Adopted

3/11/94)

Rule 465 Vacuum Producing Devices or

Systems (Adopted 8/13/99)

Rule 468 Sulfur Recovery Units (Adopted

10/8/76)

Rule 473 Disposal of Solid and Liquid

Wastes (Adopted 5/7/76)

Rule 474 Fuel Burning Equipment-Oxides

of Nitrogen (Adopted 12/4/81)

Rule 475 Electric Power Generating

Equipment (Adopted 8/7/78)

Rule 476 Steam Generating Equipment

(Adopted 10/8/76)

Rule 480 Natural Gas Fired Control Devices

(Adopted 10/7/77) Addendum to

Regulation IV (Effective 1977)

Rule 518 Variance Procedures for Title V

Facilities (Adopted 8/11/95)

Rule 518.1 Permit Appeal Procedures for

Title V Facilities (Adopted 8/11/95)

Rule 518.2 Federal Alternative Operating

Conditions (Adopted 1/12/96)

Rule 701 Air Pollution Emergency

Contingency Actions (Adopted 6/13/97)

Rule 702 Definitions (Adopted 7/11/80)

Federal Register / Vol. 65, No. 238 / Monday, December 11, 2000 / Proposed Rules 77337

Rule 704 Episode Declaration (Adopted 7/

9/82)

Rule 707 Radio—Communication System

(Adopted 7/11/80)

Rule 708 Plans (Adopted 7/9/82)

Rule 708.1 Stationary Sources Required to

File Plans (Adopted 4/4/80)

Rule 708.2 Content of Stationary Source

Curtailment Plans (Adopted 4/4/80)

Rule 708.4 Procedural Requirements for

Plans (Adopted 7/11/80)

Rule 709 First Stage Episode Actions

(Adopted 7/11/80)

Rule 710 Second Stage Episode Actions

(Adopted 7/11/80)

Rule 711 Third Stage Episode Actions

(Adopted 7/11/80)

Rule 712 Sulfate Episode Actions (Adopted

7/11/80)

Rule 715 Burning of Fossil Fuel on Episode

Days (Adopted 8/24/77)

Regulation IX—New Source Performance

Standards (Adopted 5/19/00)

Rule 1106 Marine Coatings Operations

(Adopted 1/13/95)

Rule 1107 Coating of Metal Parts and

Products (Adopted 8/14/98)

Rule 1109 Emissions of Oxides of Nitrogen

for Boilers and Process Heaters in

Petroleum Refineries (Adopted 8/5/88)

Rule 1110 Emissions from Stationary

Internal Combustion Engines

(Demonstration) (Adopted 11/14/97)

Rule 1110.1 Emissions from Stationary

Internal Combustion Engines (Adopted

10/4/85)

Rule 1110.2 Emissions from Gaseous-and

Liquid Fueled Internal Combustion

Engines (Adopted 11/14/97)

Rule 1113 Architectural Coatings (Adopted

5/14/99)

Rule 1116.1 Lightering Vessel OperationsSulfur Content of Bunker Fuel (Adopted

10/20/78)

Rule 1121 Control of Nitrogen Oxides from

Residential-Type Natural Gas-Fired

Water Heaters (Adopted 12/10/99)

Rule 1122 Solvent Degreasers (Adopted 7/

11/97)

Rule 1123 Refinery Process Turnarounds

(Adopted 12/7/90)

Rule 1129 Aerosol Coatings (rescinded 3/8/

96)

Rule 1134 Emissions of Oxides of Nitrogen

from Stationary Gas Turbines (Adopted

8/8/97)

Rule 1136 Wood Products Coatings

(Adopted 6/14/96)

Rule 1140 Abrasive Blasting (Adopted 8/2/

85)

Rule 1142 Marine Tank Vessel Operations

(Adopted 7/19/91)

Rule 1146 Emissions of Oxides of Nitrogen

from Industrial, Institutional, and

Commercial Boilers, Steam Generators,

and Process Heaters (Adopted 6/16/00)

Rule 1146.1 Emission of Oxides of Nitrogen

from Small Industrial, Institutional, and

Commercial Boilers, steam Generators,

and Process Heaters (Adopted 5/13/94)

Rule 1146.2 Emissions of Oxides of

Nitrogen from Large Water Heaters and

Small Boilers (Adopted 1/9/98)

Rule 1148 Thermally Enhanced Oil

Recovery Wells (Adopted 11/5/82)

Rule 1149 Storage Tank Degassing

(Adopted 7/14/95)

Rule 1168 Adhesive Applications (Adopted

2/13/98)

Rule 1171 Solvent Cleaning Operations

(Adopted 10/8/99)

Rule 1173 Fugitive Emissions of Volatile

Organic Compounds (Adopted 5/13/94)

Rule 1176 VOC Emissions from Wastewater

Systems (Adopted 9/13/96)

Rule 1301 General (Adopted 12/7/95)

Rule 1302 Definitions (Adopted 12/7/95)

Rule 1303 Requirements (Adopted 5/10/96)

Rule 1304 Exemptions (Adopted 6/14/96)

Rule 1306 Emission Calculations (Adopted

6/14/96)

Rule 1313 Permits to Operate (Adopted 12/

7/95)

Rule 1403 Asbestos Emissions from

Demolition/Renovation Activities

(Adopted 4/8/94)

Rule 1605 Credits for the Voluntary Repair

of On-Road Vehicles Identified Through

Remote Sensing Devices (Adopted 10/

11/96)

Rule 1610 Old-Vehicle Scrapping (Adopted

2/12/99)

Rule 1612 Credits for Clean On-Road

Vehicles (Adopted 7/10/98)

Rule 1620 Credits for Clean Off-Road

Mobile Equipment (Adopted 7/10/98)

Rule 1701 General (Adopted 8/13/99)

Rule 1702 Definitions (Adopted 8/13/99)

Rule 1703 PSD Analysis (Adopted 10/7/88)

Rule 1704 Exemptions (Adopted 8/13/99)

Rule 1706 Emission Calculations (Adopted

8/13/99)

Rule 1713 Source Obligation (Adopted 10/

7/88)

Regulation XVII Appendix (effective 1977)

Rule 1901 General Conformity (Adopted 9/

9/94)

Rule 2000 General (Adopted 4/11/97)

Rule 2001 Applicability (Adopted 2/14/97)

Rule 2002 Allocations for Oxides of

Nitrogen (NOX) and Oxides of Sulfur

(SOX) Emissions (Adopted 2/14/97)

Rule 2004 Requirements (Adopted 7/12/96)

except (l)

Rule 2005 New Source Review for

RECLAIM (Adopted 4/9/99) except (i)

Rule 2006 Permits (Adopted 12/7/95)

Rule 2007 Trading Requirements (Adopted

12/7/95)

Rule 2008 Mobile Source Credits (Adopted

10/15/93)

Rule 2010 Administrative Remedies and

Sanctions (Adopted 10/15/93)

Rule 2011 Requirements for Monitoring,

Reporting, and Recordkeeping for Oxides

of Sulfur (SOX) Emissions (Adopted 4/9/

99)

Appendix A Volume IV—(Protocol for oxides

of sulfur) (Adopted 3/10/95)

Rule 2012 Requirements for Monitoring,

Reporting, and Recordkeeping for Oxides

of Nitrogen (NOX) Emissions (Adopted 4/

9/99)

Appendix A Volume V—(Protocol for oxides

of nitrogen) (Adopted 3/10/95)

Rule 2015 Backstop Provisions (Adopted 2/

14/97) except (B)(1)(G) and (b)(3)(B)

Rule 2100 Registration of Portable

Equipment (Adopted 7/11/97)

Rule 2506 Area Source Credits for NOX and

SOX (Adopted 12/10/99)

XXX Title V Permits

Rule 3000 General (Adopted 11/14/97)

Rule 3001 Applicability (Adopted 11/14/

97)

Rule 3002 Requirements (Adopted 11/14/

97)

Rule 3003 Applications (Adopted 11/14/97)

Rule 3004 Permit Types and Content

(Adopted 11/14/97)

Rule 3005 Permit Revisions (Adopted 11/

14/97)

Rule 3006 Public Participation (Adopted

11/14/97)

Rule 3007 Effect of Permit (Adopted 10/8/

93)

XXXI Acid Rain Permit Program (Adopted 2/

10/95)

(8) The following requirements are

contained in Ventura County Air Pollution

Control District Requirements Applicable to

OCS Sources:

Rule 2 Definitions (Adopted 11/10/98)

Rule 5 Effective Date (Adopted 5/23/72)

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 1/13/98)

Rule 26.2 New Source Review—

Requirements (Adopted 1/13/98)

Rule 26.6 New Source Review—

Calculations (Adopted 1/13/98)

Rule 26.8 New Source Review—Permit To

Operate (Adopted 10/22/91)

Rule 26.10 New Source Review—PSD

(Adopted 1/13/98)

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)

77338 Federal Register / Vol. 65, No. 238 / Monday, December 11, 2000 / Proposed Rules

Rule 33.5 Part 70 Permits—Time frames 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)

Rule 36 New Source Review—Hazardous

Air Pollutants (Adopted 10/6/98)

Rule 42 Permit Fees (Adopted 6/13/00)

Rule 44 Exemption Evaluation Fee

(Adopted 9/10/96)

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

Rule 47 Source Test, Emission Monitor, and

Call-Back Fees (Adopted 6/22/99)

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

4/13/99)

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

08/11/92)

Rule 74.6 Surface Cleaning and Degreasing

(Adopted 11/10/98)

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

10/10/95)

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 3/10/95)

Rule 74.11 Natural Gas-Fired Residential

Water Heaters-Control of NOX (Adopted

4/9/85)

Rule 74.11.1 Large Water Heaters and Small

Boilers (Adopted 9/14/99)

Rule 74.12 Surface Coating of Metal Parts

and Products (Adopted 9/10/96)

Rule 74.15 Boilers, Steam Generators and

Process Heaters (Adopted 11/8/94)

Rule 74.15.1 Boilers, Steam Generators and

Process Heaters (Adopted 6/13/00)

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 10/10/95)

Rule 74.24 Marine Coating Operations

(Adopted 9/10/96)

Rule 74.24.1 Pleasure Craft Coating and

Commercial Boatyard Operations

(Adopted 11/10/98)

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)

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 Continuous Monitoring Systems

(Adopted 2/9/99)

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)

Rule 230 Notice to Comply (Adopted 11/9/

99)

* * * * *

[FR Doc. 00–31468 Filed 12–8–00; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–2714; MM Docket No. 00–120; RM–

9902]

Radio Broadcasting Services; Meeker

and Craig, CO

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule; denial.

SUMMARY: This document denies a

petition filed on behalf of Western Slope

Communications, L.L.C., permittee of

Station KAYW, Channel 251C, Meeker,

Colorado, requesting the reallotment of

Channel 251C from Meeker to Craig,

Colorado, and modification of the

authorization for Station KAYW

accordingly. See 65 FR 45017, July 20,

2000. The reallotment proposal is

denied as it would remove the sole local

potential service at Meeker, and would

not result in a preferential arrangement

of allotments pursuant to the

Commission’s allotment priorities. See

Modification of FM and TV

Authorizations to Specify a New

Community of License, 4 FCC Rcd 4870

(1989), recon. granted in part, 5 FCC

Rcd 7094 (1990); and Revision of FM

Assignment Policies and Procedures, 90

FCC 2d 88 (1982).

ADDRESSES: Federal Communications

Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner or Jeffrey Sutherland

(engineering issues), Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 00–120,

adopted November 22, 2000, and

released December 1, 2000. The full text

of this Commission decision is available

for inspection and copying during

normal business hours in the FCC’s

Reference Information Center (Room

CY–A257), 445 Twelfth Street, SW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–31400 Filed 12–8–00; 8:45 am]

BILLING CODE 6712–01–U