Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Proposed Rules 3603

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.

2After delegation, each COA will use its

administrative and procedural rules as onshore. In

those instances where EPA does not delegate

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).

40 CFR Part 55

[FRL–5140–8]

Outer Continental Shelf Air

Regulations; Consistency Update for

California

AGENCY: Environmental Protection

Agency (‘‘EPA’’).

ACTION: Notice of proposed rulemaking

(‘‘NPRM’’)—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 (‘‘the Act’’), the Clean Air

Act Amendments of 1990. 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),

South Coast Air Quality Management

District (South Coast AQMD), and the

Ventura County Air Pollution Control

District (Ventura County APCD) are the

designated COAs. The OCS

requirements for the above Districts,

contained in the Technical Support

Document, are proposed to be

incorporated by reference into the Code

of Federal Regulations and are listed in

the appendix to the OCS air regulations.

Proposed changes to the existing

requirements are discussed below.

DATES: Comments on the proposed

update must be received on or before

February 17, 1995.

ADDRESSES: Comments must be mailed

(in duplicate if possible) to: EPA Air

Docket (A–5), Attn: Docket No. A–93–16

Section VII, Environmental Protection

Agency, Air and Toxics Division,

Region 9, 75 Hawthorne St., San

Francisco, CA 94105.

Docket: Supporting information used

in developing the proposed notice and

copies of the documents EPA is

proposing to incorporate by reference

are contained in Docket No. A–93–16

(Section VII). This docket is available

for public inspection and copying

Monday–Friday during regular business

hours at the following locations:

EPA Air Docket (A–5), Attn: Docket No.

A–93–16 Section VII, Environmental

Protection Agency, Air and Toxics

Division, Region 9, 75 Hawthorne St.,

San Francisco, CA 94105

EPA Air Docket (LE–131), Attn: Air

Docket No. A–93–16 Section VII,

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 and Toxics

Division (A–5–3), 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 § 55.12 of the OCS rule,

consistency reviews will occur (1) at

least annually; (2) upon receipt of a

Notice of Intent (NOI) under § 55.4; and

(3) when a state or local agency submits

a rule to EPA to be considered for

incorporation by reference in part 55.

This NPRM is being promulgated in

response to the submittal of rules by

three local air pollution control

agencies. Public comments received in

writing within 30 days of publication of

this notice will be considered by EPA

before promulgation of the final updated

rule.

Section 328(a) of the Act requires that

EPA establish requirements to control

air pollution from OCS sources located

within 25 miles of states’ seaward

boundaries that are the same as onshore

requirements. To comply with this

statutory mandate, EPA must

incorporate applicable onshore rules

into part 55 as they exist onshore. This

limits EPA’s flexibility in deciding

which requirements will be

incorporated into part 55 and prevents

EPA from making substantive changes

to the requirements it incorporates. As

a result, EPA may be incorporating rules

into part 55 that do not conform to all

of EPA’s state implementation plan

(SIP) guidance or certain requirements

of the Act. Consistency updates may

result in the inclusion of state or local

rules or regulations into part 55, even

though the same rules may ultimately be

disapproved for inclusion as part of the

SIP. Inclusion in the OCS rule does not

imply that a rule meets the requirements

of the Act for SIP approval, nor does it

imply that the rule will be approved by

EPA for inclusion in the SIP.

EPA Evaluation and Proposed Action

In updating 40 CFR part 55, EPA

reviewed the state and local 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 rule submitted

by the Santa Barbara County APCD

against the criteria set forth above and

in 40 CFR part 55, EPA is proposing to

make the following rule applicable to

OCS sources for which the Santa

Barbara County APCD is designated as

the COA. None of the existing OCS

requirements was deleted.

The following new rule was

submitted by the District to be added:

Rule 702 General Conformity (Adopted 10/

20/94)

B. 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 rules applicable to OCS

sources for which the South Coast

AQMD is designated as the COA.
3604 Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Proposed Rules

The following rules were submitted as

revisions to existing requirements:

Rule 212 Standards for Approving Permits

(Adopted 8/12/94) except (c)(3) and (e)

Rule 219 Equipment Not Requiring a

Written Permit Pursuant to Regulation II

(Adopted 8/12/94)

Rule 301 Permit Fees (Adopted 6/10/94)

except (e)(3) and Table IV

Rule 304 Equipment, Materials and

Ambient Air Analysis (Adopted 6/10/94)

Rule 304.1 Analysis Fee (Adopted 6/10/94)

Rule 306 Plan Fee (Adopted 6/10/94)

Rule 463 Organic Liquid Storage (Adopted

3/11/94) (Renamed)

Reg. IX Standards of Performance for New

Stationary Sources (Adopted 4/8/94)

Rule 1110.2 Emissions from Gaseous and

Liquid Fueled Internal Combustion

Engines (Adopted 8/12/94)

Rule 1146 Emissions of Oxides of Nitrogen

from Industrial, Institutional, and

Commercial Boilers, Steam Generators,

and Process Heaters (Adopted 5/13/94)

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 1168 Control of Volatile Organic

Compound Emissions from Adhesive

Application (Adopted 12/10/93)

Rule 1173 Fugitive Emissions of Volatile

Organic Compounds (Adopted 5/13/94)

Rule 1176 Sumps and Wastewater

Separators (Adopted 5/13/94)

Rule 1403 Asbestos Emissions from

Demolition/Renovation Activities

(Adopted 4/8/94)

Rule 2011 Requirements for Monitoring,

Reporting, and Recordkeeping for Oxides

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

94)

Rule 2012 Requirements for Monitoring,

Reporting, and Recordkeeping for Oxides

of Nitrogen (NOX) (Adopted 9/9/94)

The following rules were submitted to

be added as new requirements:

Rule 309 Fees for Regulation XVI Plans

(Adopted 6/10/94)

Rule 1136 Wood Products Coatings

(Adopted 8/12/94)

Rule 1610 Old-Vehicle Scrapping (Adopted

1/14/94)

Rule 1901 General Conformity (Adopted 9/

9/94)

The following rules were submitted

but will not be included:

Rule 303 Hearing Board Fees (Adopted 6/

10/94)

Rule 308 Transportation Plan Fees

(Adopted 6/10/94)

Reg. X National Emissions Standards for

Hazardous Air Pollutants (Adopted 4/8/

94)

Rule 1124 Aerospace Assembly and

Component Manufacturing Operations

(Adopted 12/10/93)

Rule 1162 Polyester Resin Operations

(Adopted 5/13/94)

Rule 1175 Control of Emissions from the

Manufacture of Polymeric Cellular

(Foam) Products (Adopted 5/13/94)

Rule 1402 Control of Toxic Air

Contaminants from Existing Sources

(Adopted 4/8/94)

Rule 1406 Control of Dioxin Emissions from

Medical Waste Incinerators (Adopted 7/

8/94)

Rule 1407 Control of Emissions of Arsenic,

Cadmium, and Nickel from Non-Ferrous

Metal Melting Operations (Adopted 7/8/

94)

Rule 1415 Reduction of Refrigerant

Emissions from Stationary Refrigeration

and Air Conditioning Systems (Adopted

10/4/94)

Rule 1501 Work Trip Reduction Plans

(Adopted 4/11/94)

Rule 1504 Cash-Out Program for NonOwned Employer Parking (Adopted 5/

13/94)

Rule 1902 Transportation Conformity

(Adopted 9/9/94)

C. 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 rules applicable to OCS

sources for which Ventura County

APCD is designated as the COA. None

of the existing OCS requirements were

deleted.

The following rules were submitted as

revisions to existing requirements:

Rule 42.M Permit Fees (Adopted 5/10/94)

Rule 42.N Flaring Excess Emission Fee

(Adopted 7/12/94)

Rule 72 New Source Performance Standards

(NSPS) (Adopted 6/28/94)

The following rules were submitted to

be added as new requirements:

Rule 74.28 Asphalt Roofing Operations

(Adopted 5/10/94)

Rule 74.30 Wood Products Coatings

(Adopted 5/17/94)

The following rules were submitted

but will not be included:

Rule 73 National Emission Standards for

Hazardous Air Pollutants (NESHAPS)

(Adopted 6/28/94)

Executive Order 12291 (Regulatory

Impact Analysis)

The Office of Management and Budget

has exempted this rule from the

requirements of Section 3 of Executive

Order 12291. This exemption continues

in effect under Executive Order 12866

which superseded Executive Order

12291 on September 30, 1993.

Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980

requires each federal agency to perform

a Regulatory Flexibility Analysis for all

rules that are likely to have a

‘‘significant impact on a substantial

number of small entities.’’ Small entities

include small businesses, organizations,

and governmental jurisdictions.

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 notice of

proposed rulemaking will not have a

significant impact on a substantial

number of small entities.

Paperwork Reduction Act

The Office of Management and Budget

(OMB) has approved the information

collection requirements contained in the

final OCS rulemaking dated September

4, 1992 under the provisions of the

Paperwork Reduction Act, 44 U.S.C.

3501 et seq., and has assigned OMB

control number 2060–0249. This

consistency update does not add any

further requirements.

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: January 3, 1995.

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 paragraphs

(e)(3)(ii)(F), (e)(3)(ii)(G), and (e)(3)(ii)(H)

to read as follows:

Section 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.

(G) South Coast Air Quality

Management District Requirements

Applicable to OCS Sources.
Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Proposed Rules 3605

(H) Ventura County Air Pollution

Control District Requirements

Applicable to OCS Sources.

* * * * *

3. Appendix A to CFR Part 55 is

amended by revising paragraph (b)(6),

(7), and (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) * * *

* * * * *

(6) The following requirements are

contained in Santa Barbara County Air

Pollution Control District Requirements

Applicable to OCS Sources:

Rule 102 Definitions (Adopted 7/30/91)

Rule 103 Severability (Adopted 10/23/78)

Rule 201 Permits Required (Adopted 7/2/

79)

Rule 202 Exemptions to Rule 201 (Adopted

3/10/92)

Rule 203 Transfer (Adopted 10/23/78)

Rule 204 Applications (Adopted 10/23/78)

Rule 205 Standards for Granting

Applications (Adopted 7/30/91)

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 5/7/91)

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 10/2/90)

Rule 316 Storage and Transfer of Gasoline

(Adopted 12/14/93)

Rule 317 Organic Solvents (Adopted 10/23/

78)

Rule 318 Vacuum Producing Devices or

Systems-Southern Zone (Adopted 10/23/

78)

Rule 321 Control of Degreasing Operations

(Adopted 7/10/90)

Rule 322 Metal Surface Coating Thinner

and Reducer (Adopted 10/23/78)

Rule 323 Architectural Coatings (Adopted

2/20/90)

Rule 324 Disposal and Evaporation of

Solvents (Adopted 10/23/78)

Rule 325 Crude Oil Production and

Separation (Adopted 1/25/94)

Rule 326 Storage of Reactive Organic Liquid

Compounds (Adopted 12/14/93)

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 Miscellaneous

Metal Parts and Products (Adopted 11/

13/90)

Rule 331 Fugitive Emissions Inspection and

Maintenance (Adopted 12/10/91)

Rule 332 Petroleum Refinery Vacuum

Producing Systems, Wastewater

Separators and Process Turnarounds

(Adopted 6/11/79)

Rule 333 Control of Emissions from

Reciprocating Internal Combustion

Engines (Adopted 12/10/91)

Rule 342 Control of Oxides of Nitrogen

(NOX from Boilers, Steam Generators and

Process Heaters) (Adopted 03/10/92)

Rule 343 Petroleum Storage Tank Degassing

(Adopted 12/14/93)

Rule 359 Flares and Thermal Oxidizers (6/

28/94)

Rule 505 Breakdown Conditions Sections

A.,B.1,. and D. only (Adopted 10/23/78)

Rule 603 Emergency Episode Plans

(Adopted 6/15/81)

Rule 702 General Conformity (Adopted 10/

20/94)

(7) The following requirements are

contained in South Coast Air Quality

Management District Requirements

Applicable to OCS Sources:

Rule 102 Definition of Terms (Adopted 11/

4/88)

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 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 (Adopted 1/5/90)

Rule 212 Standards for Approving Permits

(8/12/94) 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 Stack Monitoring (Adopted 8/7/

81)

Rule 219 Equipment Not Requiring a

Written Permit Pursuant to Regulation II

(Adopted 8/12/94)

Rule 220 Exemption—Net Increase in

Emissions (Adopted 8/7/81)

Rule 221 Plans (Adopted 1/4/85)

Rule 301 Permit Fees (Adopted 6/10/94)

except (e)(3) and Table IV

Rule 304 Equipment, Materials, and

Ambient Air Analyses (Adopted 6/10/94)

Rule 304.1 Analyses Fees (Adopted 6/10/

94)

Rule 305 Fees for Acid Deposition

(Adopted 10/4/91)

Rule 306 Plan Fees (Adopted 6/10/94)

Rule 309 Fees for Regulation XVI (Adopted

6/10/94)

Rule 401 Visible Emissions (Adopted 4/7/

89)

Rule 403 Fugitive Dust (Adopted 7/9/93)

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 5/5/78)

Rule 431.1 Sulfur Content of Gaseous Fuels

(Adopted 10/2/92)

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 Storage of Organic Liquids

(Adopted 3/11/94)

Rule 465 Vacuum Producing Devices or

Systems (Adopted 11/1/91)

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 701 General (Adopted 7/9/82)

Rule 702 Definitions (Adopted 7/11/80)

Rule 704 Episode Declaration (Adopted 7/

9/82)

Rule 707 Radio—Communication System

(Adopted 7/11/80)

Rule 708 Plans (Adopted 7/9/82)
3606 Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Proposed Rules

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 4/8/94)

Rule 1106 Marine Coatings Operations

(Adopted 8/2/91)

Rule 1107 Coating of Metal Parts and

Products (Adopted 8/2/91)

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 11/6/81)

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 8/12/94)

Rule 1113 Architectural Coatings (Adopted

9/6/91)

Rule 1116.1 Lightering Vessel Operations—

Sulfur Content of Bunker Fuel (Adopted

10/20/78)

Rule 1121 Control of Nitrogen Oxides from

Residential-Type Natural Gas-Fired

Water Heaters (Adopted 12/1/78)

Rule 1122 Solvent Cleaners (Degreasers)

(Adopted 4/5/91)

Rule 1123 Refinery Process Turnarounds

(Adopted 12/7/90)

Rule 1129 Aerosol Coatings (Adopted 11/2/

90)

Rule 1134 Emissions of Oxides of Nitrogen

from Stationary Gas Turbines (Adopted

8/4/89)

Rule 1136 Wood Products Coatings

(Adopted 8/12/94)

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 5/13/94)

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 1148 Thermally Enhanced Oil

Recovery Wells (Adopted 11/5/82)

Rule 1149 Storage Tank Degassing

(Adopted 4/1/88)

Rule 1168 Control of Volatile Organic

Compound Emissions from Adhesive

Application (Adopted 12/10/93)

Rule 1173 Fugitive Emissions of Volatile

Organic Compounds (Adopted 5/13/94)

Rule 1176 Sumps and Wastewater

Separators (Adopted 5/13/94)

Rule 1301 General (Adopted 6/28/90)

Rule 1302 Definitions (Adopted 5/3/91)

Rule 1303 Requirements (Adopted 5/3/91)

Rule 1304 Exemptions (Adopted 9/11/92)

Rule 1306 Emission Calculations (Adopted

5/3/91)

Rule 1313 Permits to Operate (Adopted 6/

28/90)

Rule 1403 Asbestos Emissions from

Demolition/Renovation Activities

(Adopted 4/8/94)

Rule 1610 Old-Vehicle Scrapping (Adopted

1/14/94)

Rule 1701 General (Adopted 1/6/89)

Rule 1702 Definitions (Adopted 1/6/89)

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

Rule 1704 Exemptions (Adopted 1/6/89)

Rule 1706 Emission Calculations (Adopted

1/6/89)

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 10/15/93)

Rule 2001 Applicability (Adopted 10/15/

93)

Rule 2002 Allocations for oxides of nitrogen

(NOX) and oxides of sulfur (SOX)

(Adopted 10/15/93)

Rule 2004 Requirements (Adopted 10/15/

93) except (l) (2 and 3)

Rule 2005 New Source Review for

RECLAIM (Adopted 10/15/93) except (i)

Rule 2006 Permits (Adopted 10/15/93)

Rule 2007 Trading Requirements (Adopted

10/15/93)

Rule 2008 Mobiles 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 9/9/

94)

Appendix A Volume IV—(Protocol for

oxides of sulfur) (Adopted 10/93)

Rule 2012 Requirements for Monitoring,

Reporting, and Recordkeeping for Oxides

of Nitrogen (NOX) Emissions (Adopted 9/

9/94)

Appendix A Volume V—(Protocol for

oxides of nitrogen) (Adopted 10/93)

Rule 2015 Backstop Provisions (Adopted

10/15/93) except (b)(1)(G) and (b)(3)(B)

(8) The following requirements are

contained in Ventura County Air Pollution

Control District Requirements Applicable to

OCS Sources:

Rule 2 Definitions (Adopted 12/15/92)

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 7/5/83)

Rule 11 Application Contents (Adopted 8/

15/78)

Rule 12 Statement by Application Preparer

(Adopted 6/16/87)

Rule 13 Statement by Applicant (Adopted

11/21/78)

Rule 14 Trial Test Runs (Adopted 5/23/72)

Rule 15.1 Sampling and Testing Facilities

(Adopted 10/12/93)

Rule 16 Permit Contents (Adopted 12/2/80)

Rule 18 Permit to Operate Application

(Adopted 8/17/76)

Rule 19 Posting of Permits (Adopted 5/23/

72)

Rule 20 Transfer of Permit (Adopted 5/23/

72)

Rule 21 Expiration of Applications and

Permits (Adopted 6/23/81)

Rule 23 Exemptions from Permits (Adopted

3/22/94)

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)

Appendix II–A Information Required for

Applications to the Air Pollution Control

District (Adopted 12/86)

Appendix II–B Best Available Control

Technology (BACT) Tables (Adopted 12/86)

Rule 42 Permit Fees (Adopted 7/12/94)

Rule 44 Exemption Evaluation Fee

(Adopted 1/8/91)

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 66 Organic Solvents (Adopted 11/24/

87)

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 6/8/93)

Rule 71.1 Crude Oil Production and

Separation (Adopted 6/16/92)
Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Proposed Rules 3607

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 72 New Source Performance Standards

(NSPS) (Adopted 6/28/94)

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 5/8/90)

Rule 74.6.1 Cold Cleaning Operations

(Adopted 9/12/89)

Rule 74.6.2 Batch Loaded Vapor Degreasing

Operations (Adopted 9/12/89)

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 11/17/92)

Rule 74.15 Boilers, Steam Generators and

Process Heaters (5MM BTUs and greater)

(Adopted 12/3/91)

Rule 74.15.1 Boilers, Steam Generators and

Process Heaters (1–5MM BTUs)

(Adopted 5/11/93)

Rule 74.16 Oil Field Drilling Operations

(Adopted 1/8/91)

Rule 74.20 Adhesives and Sealants

(Adopted 6/8/93)

Rule 74.24 Marine Coating Operations

(Adopted 3/8/94)

Rule 74.28 Asphalt Roofing Operations

(Adopted 5/10/94)

Rule 74.30 Wood Products Coatings

(Adopted 5/17/94)

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)

* * * * *

[FR Doc. 95–1185 Filed 1–17–95; 8:45 am]

BILLING CODE 6050–50–P

40 CFR Part 185

[OPP–300360; FRL–4910–8]

RIN 2070–AC18

Acephate, Triadimefon, Iprodione, and

Imazalil; Revocation of Food Additive

Regulations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to revoke

food additive regulations for the

pesticides acephate, triadimefon (1-(4-

chlorophenoxy)-3,3-dimethyl-1-(1H1,2,4-triazol-1-yl)-2-butanone),

iprodione, and imazalil, which EPA has

determined ‘‘induce cancer’’ within the

meaning of the Delaney clause of

section 409 of the Federal Food, Drug

and Cosmetic Act (FFDCA). As a result

of a 1992 court decision regarding the

Delaney clause, EPA has initiated the

process of revoking those section 409

tolerances for pesticides found to

‘‘induce cancer.’’ This proposed rule is

the second in a series of proposals to

revoke affected regulations under

section 409 of the FFDCA.

DATES: Written comments, identified by

the document control number [OPP300360], must be received on or before

April 18, 1995.

ADDRESSES: By mail, submit comments

to: Public Response Section, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

comments to: OPP Docket, Public

Information Branch, Field Operations

Division, Rm. 1132, Crystal Mall #2,

1921 Jefferson Davis Hwy., Arlington,

VA. The telephone number for the OPP

docket is (703)-305-5805.

Information submitted as a comment

concerning this document may be

claimed confidential by marking any

part or all of that information as

‘‘Confidential Business Information’’ (or

CBI). Information so marked will not be

disclosed except in accordance with

procedures set forth in 40 CFR part 2

and in section 10 of the Federal

Insecticide, Fungicide and Rodenticide

Act (FIFRA). For questions related to

disclosure of materials, contact the OPP

Docket at the telephone number given

above. A copy of the comment that does

not contain CBI must be submitted for

inclusion in the public record.

Information not marked confidential

may be disclosed publicly by EPA

without prior notice. All written

comments will be available for public

inspection in the OPP Docket, Rm. 1132

at the Virginia address given above,

from 8 a.m. to 4 p.m., Monday through

Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By

mail: Niloufar Nazmi or Lisa Nisenson,

Special Review and Reregistration

Division (7508W), Environmental

Protection Agency, 401 M St. SW.,

Washington, DC, 20460. Office location

and telephone number: Crystal Station

#1, 2800 Crystal Drive, Arlington, VA.

Telephone 703-308-8010.

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Statutory Background

The Federal Food, Drug and Cosmetic

Act (FFDCA) (21 U.S.C. 301 et seq.)

authorizes the establishment of

maximum permissible levels of

pesticides in foods, which are referred

to as ‘‘tolerances’’ (21 U.S.C. 346a, 348).

Without such a tolerance or an

exemption from a tolerance, a food

containing a pesticide residue is

‘‘adulterated’’ under section 402 of the

FFDCA and may not be legally moved

in interstate commerce (21 U.S.C. 342).

Monitoring and enforcement of

pesticide residues are carried out by the

U.S. Food and Drug Administration

(FDA) and the United States Department

of Agriculture (USDA).

The FFDCA governs tolerances for

raw agricultural commodities (RACs)

and processed foods separately. For

pesticide residues in or on RACs, EPA

establishes tolerances, or exemptions

from tolerances when appropriate,

under section 408. In processed foods,

food additive regulations setting

maximum permissible levels of

pesticide residues are established under

section 409. Section 409 tolerances are

needed, however, only for certain

pesticide residues in processed food.

Under section 402(a)(2) of the FFDCA,

no section 409 tolerance is required if

any pesticide residue in a processed

food is equal to or below the tolerance

for that pesticide in or on the RAC from

which it was derived and all other

conditions of section 402(a)(2) are met.

This exemption in section 402(a)(2) is

commonly referred to as the ‘‘flowthrough’’ provision because it allows the

section 408 raw food tolerance to flow

through to the processed food form.

Thus, a section 409 tolerance is

necessary to prevent foods from being

deemed adulterated when the

concentration of the pesticide residue in

a processed food is greater than the

tolerance prescribed for the RAC, or if