72094 Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Proposed Rules 

(Dec. 17, 1987), FERC Stats. & Regs., Regulations 

Preambles 1986–1990 ¶ 30,783 (1987). 

18 18 CFR 380.4 (2005). 

19See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), 

380.4(a)(27) (2005). 

20 5 U.S.C. 601–12 (2000). 

21The RFA definition of ‘‘small entity’’ refers to 

the definition provided in the Small Business Act, 

which defines a ‘‘small business concern’’ as a 

business that is independently owned and operated 

and that is not dominant in its field of operation. 

15 U.S.C. 632 (2000). The Small Business Size 

Standards component of the North American 

Industry Classification System defines a small 

electric utility as one that, including its affiliates, 

is primarily engaged in the generation, 

transmission, and/or distribution of electric energy 

for sale and whose total electric output for the 

preceding fiscal years did not exceed 4 million 

MWh. 13 CFR 121.201 (2004) (Section 22, Utilities, 

North American Industry Classification System, 

NAICS). 

categorically excluded certain actions 

from these requirements as not having a 

significant effect on the human 

environment.18 The actions proposed 

here fall within categorical exclusions 

in the Commission’s regulations for 

rules that are clarifying, corrective, or 

procedural, for information gathering, 

analysis, and dissemination, and for 

sales, exchange, and transportation of 

natural gas that requires no construction 

of facilities.19 Therefore, an 

environmental assessment is 

unnecessary and has not been prepared 

in this NOPR. 

Regulatory Flexibility Act 

24. The Regulatory Flexibility Act of 

1980 (RFA) 20 generally requires a 

description and analysis of final rules 

that will have significant economic 

impact on a substantial number of small 

entities.21 The Commission is not 

required to make such analyses if a rule 

would not have such an effect. 

25. The Commission does not believe 

that this proposed rule would have such 

an impact on small entities. The 

proposed rule merely repeals sections 

284.288 and 284.403 of the 

Commission’s regulations. Therefore, 

the Commission certifies that this 

proposed rule, if finalized, will not have 

a significant economic impact on a 

substantial number of small entities. 

Comment Procedures 

26. The Commission invites interested 

persons to submit comments on the 

matters and issues proposed in this 

notice to be adopted, including any 

related matters or alternative proposals 

that commenters may wish to discuss. 

Comments are due January 3, 2006. 

Reply comments are due January 17, 

2006. Comments must refer to Docket 

No. RM06–5–000, and must include the 

commenter’s name, the organization 

they represent, if applicable, and their 

address in their comments. Comments 

may be filed either in electronic or 

paper format. Comments may be filed 

electronically via the eFiling link on the 

Commission’s Web site at http:// 

www.ferc.gov. The Commission accepts 

most standard word processing formats 

and commenters may attach additional 

files with supporting information in 

certain other file formats. Commenters 

filing electronically do not need to make 

a paper filing. Commenters that are not 

able to file comments electronically 

must send an original and 14 copies of 

their comments to: Federal Energy 

Regulatory Commission, Office of the 

Secretary, 888 First Street, NE., 

Washington, DC 20426. 

27. All comments will be placed in 

the Commission’s public files and may 

be viewed, printed, or downloaded 

remotely as described in the Document 

Availability section below. Commenters 

on this proposal are not required to 

serve copies of their comments on other 

commenters. 

Document Availability 

28. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through 

FERC’s Home Page (http://www.ferc.gov) 

and in FERC’s Public Reference Room 

during normal business hours (8:30 a.m. 

to 5 p.m. eastern time) at 888 First 

Street, NE., Room 2A, Washington, DC 

20426. 

29. From FERC’s Home Page on the 

Internet, this information is available in 

the eLibrary. The full text of this 

document is available in the eLibrary 

both in PDF and Microsoft Word format 

for viewing, printing, and/or 

downloading. To access this document 

in eLibrary, type the docket number 

excluding the last three digits of this 

document in the docket number field. 

User assistance is available for 

eLibrary and the FERC’s Web site during 

our normal business hours. For 

assistance contact FERC Online Support 

at FERCOnlineSupport@ferc.gov or tollfree at (866) 208–3676, or for TTY, 

contact (202) 502–8659. 

List of Subjects in 18 CFR Part 284 

Continental Shelf, Natural gas, 

Reporting and recordkeeping 

requirements. 

By direction of the Commission. 

Magalie R. Salas, 

Secretary. 

In consideration of the foregoing, the 

Commission proposes to amend part 

284, chapter I, title 18, Code of Federal 

Regulations, as follows. 

PART 284—CERTAIN SALES AND 

TRANSPORTATION OF NATURAL GAS 

UNDER THE NATURAL GAS POLICY 

ACT OF 1978 AND RELATED 

AUTHORITIES 

1. The authority citation for part 284 

continues to read as follows: 

Authority: 15 U.S.C. 717–717w, 3301–

3432; 42 U.S.C. 7101–7532; 43 U.S.C. 1331–

1356. 

§ 284.288 [Removed] 

2. Remove § 284.288. 

§ 284.403 [Removed] 

3. Remove § 284.403. 

[FR Doc. 05–23405 Filed 11–30–05; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[OAR–2004–0091; FRL–8000–1] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

California 

AGENCY: Environmental Protection 

Agency (‘‘EPA’’). 

ACTION: Proposed rule. 

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 by the State of California and 

South Coast Air Quality Management 

District (South Coast AQMD). The 

intended effect of approving the OCS 

requirements for the State of California 

and South Coast AQMD is to regulate 

emissions from OCS sources in 

accordance with the requirements 

onshore. The change to the existing 

requirements discussed below is 

proposed to be incorporated by 

reference into the Code of Federal 

Regulations and is listed in the 

appendix to the OCS air regulations. 

DATES: Comments on the proposed 

update must be received on or before 

January 3, 2006. 

ADDRESSES: Submit comments, 

identified by docket number OAR–

2004–0091, by one of the following 

methods: 

Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Proposed Rules 72095 

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. 

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). 

1. Agency Web site: http:// 

docket.epa.gov/edocket/. EPA prefers 

receiving comments through this 

electronic public docket and comment 

system. Follow the on-line instructions 

to submit comments. 

2. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

3. E-mail: steckel.andrew@epa.gov. 

4. Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket includes 

changes and may be made available 

online at 

http://docket.epa.gov/edocket/, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statue. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through the 

agency Web site, eRulemaking portal or 

e-mail. The agency Web site and 

eRulemaking portal are‘‘anonymous 

access’’ systems, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

If EPA cannot read your comment due 

to technical difficulties and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

Docket: The index to the docket for 

this action is available electronically at 

http://docket.epa.gov/edocket/ 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 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: 

I. Background Information 

A. 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 

requirements submitted by the State of 

California and South Coast AQMD. 

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 

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 Were Used To Evaluate 

Rules Submitted To Update 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 Requirements Were Submitted 

To Update 40 CFR Part 55? 

1. After review of the requirements 

submitted by the State of California 

against the criteria set forth above and 

in 40 CFR part 55, EPA is proposing to 

make the following State of California 

requirements applicable to OCS sources: 

72096 Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Proposed Rules 

Requirement # Name Adoption or 

amended date 

17 § 93115 ..................... Airborne Toxic Control Measure for Stationary Compression Ignition Engines ..................................... 2/26/04 

2. After review of the requirements 

submitted by the South Coast AQMD 

against the criteria set forth above and 

in 40 CFR part 55, EPA is proposing to 

make the following District 

requirements applicable to OCS sources: 

Rule # Name Adoption or 

amended date 

102 ................................ Definition of Terms ............................................................................................................................ 12/3/04 

201 ................................ Permit to Construct ............................................................................................................................ 12/3/04 

201.1 ............................. Permit Conditions in Federally Issued Permits to Construct ............................................................ 12/3/04 

202 ................................ Temporary Permit to Operate ............................................................................................................ 12/3/04 

203 ................................ Permit to Operate .............................................................................................................................. 12/3/04 

219 ................................ Equipment Not Requiring a Written Permit Pursuant to Regulation III ............................................. 12/3/04 

301 ................................ Permitting and Associated Fees (except (3) (7) andTable IV) ......................................................... 6/3/05 

304 ................................ Equipment Materials, and Ambient Air Analyses .............................................................................. 6/3/05 

304.1 ............................. Analyses Fees ................................................................................................................................... 6/3/05 

306 ................................ Plans Fees ......................................................................................................................................... 6/3/05 

309 ................................ Fees for Regulation XVI .................................................................................................................... 6/3/05 

403 ................................ Fugitive Dust ...................................................................................................................................... 6/3/05 

463 ................................ Organic Liquid Storage ...................................................................................................................... 5/6/05 

1110.1 ........................... Emissions from Stationary Internal CombustionEngines .................................................................. 6/3/05 

1110.2 ........................... Emissions from Gaseous- and Liquid-Fueled Engines ..................................................................... 6/3/05 

1113 .............................. Architectural Coatings ........................................................................................................................ 7/9/04 

1121 .............................. Control Of Nitrogen Oxides from Residential Type,Natural Gas-Fired Water Heaters .................... 9/3/05 

1122 .............................. Solvent Degreasers ........................................................................................................................... 10/1/04 

1132 .............................. Further Control of VOC Emissions from High EmittingSpray Booth Facilities ................................. 5/7/04 

1146.2 ........................... Emissions of Oxides of Nitrogen from Large WaterHeaters and Small Boilers ............................... 1/7/05 

1162 .............................. Polyester Resin Operations ............................................................................................................... 7/9/04 

1168 .............................. Adhesive and Sealant Applications ................................................................................................... 1/7/05 

1171 .............................. Solvent Cleaning Operations ............................................................................................................. 5/6/05 

2000 .............................. General .............................................................................................................................................. 5/6/05 

2001 .............................. Applicability ........................................................................................................................................ 5/6/05 

2002 .............................. Allocations for Oxides of Nitrogen (NOX) and Oxides of Sulfur (Sox) .............................................. 1/7/05 

2005 .............................. New Source Review for RECLAIM (except (i)) ................................................................................. 5/6/05 

2007 .............................. Trading Requirements ....................................................................................................................... 5/6/05 

2009 .............................. Compliance Plan for Power Producing Facilities .............................................................................. 1/7/05 

2010 .............................. Administrative Remedies and Sanctions ........................................................................................... 1/7/05 

2011 .............................. Requirements for Monitoring, Reporting, andRecordkeeping for Oxides of Sulfur (Sox) Emissions 5/6/05 

2012 .............................. Requirements for Monitoring, Reporting, andRecordkeeping for Oxides of Nitrogen Emissions ..... 5/6/05 

2015 .............................. Backstop Measures (except (b)(l)(G) and (b)(3)(B) .......................................................................... 6/4/04 

1470 .............................. Requirements for Stationary Diesel-Fueled InternalCombustion and Other Compression Ignition 3/4/05 

III. Administrative Requirements 

A. Executive Order 12866, Regulatory 

Planning and Review 

The Office of Management and Budget 

(OMB) has exempted this regulatory 

action from Executive Order 12866, 

entitled ‘‘Regulatory Planning and 

Review.’’

B. Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.) 

C. 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 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 approve 

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. 

Moreover, due to the nature of the 

Federal-State relationship under the 

Clean Air Act, preparation of flexibility 

analysis would constitute Federal 

inquiry into the economic 

reasonableness of state action. The 

Clean Air Act forbids EPA to base its 

actions concerning SIPs on such 

grounds. Union Electric Co., v. U.S. 

EPA, 427 U.S. 246, 255–66 (1976); 42 

U.S.C. 7410(a)(2). 

D. Unfunded Mandates Reform Act 

Under sections 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 the private sector, of 

$100 million or more. Under section 

205, EPA must select the most costeffective 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 

Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Proposed Rules 72097 

governments that may be significantly 

or uniquely impacted by the rule. 

EPA has determined that the approval 

action promulgated 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 Federal action 

approves pre-existing requirements 

under State or local law, and imposes 

no new requirements. Accordingly, no 

additional costs to State, local, or tribal 

governments, or to the private sector, 

result from this action. 

E. Executive Order 13132, Federalism 

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 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 approves 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 rule. 

F. Executive Order 13175, Coordination 

With Indian Tribal Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This final rule does not 

have tribal implications, as specified in 

Executive Order 13175. It will not have 

substantial direct effects on tribal 

governments, 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. 

Thus, Executive Order 13175 does not 

apply to this rule. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

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. 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action under 

Executive Order 12866. 

I. 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. 

The EPA believes that VCS are 

inapplicable to this action. Today’s 

action does not require the public to 

perform activities conducive to the use 

of VCS. 

List of Subjects in 40 CFR Part 55 

Environmental protection, 

Administrative practice and procedures, 

Air pollution control, Hydrocarbons, 

Intergovernmental relations, Nitrogen 

dioxide, Nitrogen oxides, Outer 

Continental Shelf, Ozone, Particulate 

matter, Permits, Reporting and 

Recordkeeping requirements, Sulfur 

oxides. 

Dated: November 1, 2005. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

Title 40 Chapter I of the Code of 

Federal Regulations, 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 amended by 

revising paragraphs (e)(3)(i)(A) and 

(e)(3)(ii)(G) to read as follows: 

§ 55.14 Requirements that apply to OCS 

sources located within 25 miles of States’

seaward boundaries, by State. 

* * * * * 

(e) * * * 

(3) * * * 

(i) * * * 

(A) State of California Requirements 

Applicable to OCS Sources. 

(ii) * * * 

(G) South Coast Air Quality 

Management District Requirements 

Applicable to OCS Sources. 

* * * * * 

Appendix to Part 55—[Amended] 

3. Appendix A to Part 55 is amended 

by revising paragraphs (a)(1) and (b)(7) 

under the heading ‘‘California’’ to read 

as follows: 

Appendix A to Part 55—Listing of State 

and Local Requirements Incorporated 

by Reference Into Part 55, by State 

* * * * * 

California 

(a) State requirements. 

72098 Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Proposed Rules 

(1) The following requirements are 

contained in State of California Requirements 

applicable to OCS Sources: 

Barclays California Code of Regulations 

The following sections of Title 17 

Subchapter 6: 

17 § 92000—Definitions (Adopted 5/31/91) 

17 § 92100—Scope and Policy (Adopted 5/ 

31/91) 

17 § 92200—Visible Emission Standards 

(Adopted 5/31/91) 

17 § 92210—Nuisance Prohibition (Adopted 

5/31/91) 

17 § 92220—Compliance with Performance 

Standards (Adopted 5/31/91) 

17 § 92400—Visible Evaluation Techniques 

(Adopted 5/31/91) 

17 § 92500—General Provisions (Adopted 5/ 

31/91) 

17 § 92510—Pavement Marking (Adopted 5/ 

31/91) 

17 § 92520—Stucco and Concrete (Adopted 

5/31/91) 

17 § 92530—Certified Abrasive (Adopted 5/ 

31/91) 

17 § 92540—Stucco and Concrete (Adopted 

5/31/91) 

17 § 93115—Airborne Toxic Control Measure 

for Stationary Compression Ignition 

Engines (Adopted 2/26/04) 

Health and Safety Code 

The following section of Division 26, Part 

4, Chapter 4, Article 1: 

Health and Safety Code § 42301.13 of seq. 

Stationary sources: demolition or removal 

(chaptered 7/25/96) 

(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), 

February 2005: 

Rule 102—Definition of Terms (Amended 12/ 

3/04) 

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 

8/18/00) 

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 (Amended 12/ 

3/04) 

Rule 201.1—Permit Conditions in Federally 

Issued Permits to Construct (Amended 

12/3/04) 

Rule 202—Temporary Permit to Operate 

(Amended 12/3/04) 

Rule 203—Permit to Operate (Amended 12/ 

3/04) 

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 and Burn Authorization for 

Open Burning (amended 12/21/01) 

Rule 209—Transfer and Voiding of Permits 

(Adopted 1/5/90) 

Rule 210—Applications (Adopted 1/5/90) 

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 

(Amended 12/3/04) 

Rule 220—Exemption—Net Increase in 

Emissions (Adopted 8/7/81) 

Rule 221—Plans (Adopted 1/4/85) 

Rule 301—Permitting and Associated Fees 

(Amended 6/3/05) except (e)(7)and Table 

IV 

Rule 304—Equipment, Materials, and 

Ambient Air Analyses (Amended 6/3/05) 

Rule 304.1—Analyses Fees (Amended 6/3/ 

05) 

Rule 305—Fees for Acid Deposition 

(Adopted 10/4/91) 

Rule 306—Plan Fees (Amended 6/3/05) 

Rule 309—Fees for Regulation XVI Plans 

(Amended 6/3/05) 

Rule 401—Visible Emissions (Adopted 11/9/ 

01) 

Rule 403—Fugitive Dust (Amended 6/3/05) 

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 9/15/00) 

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 12/ 

15/00) 

Rule 444—Open Burning (Adopted 12/21/01) 

Rule 463—Organic Liquid Storage (Adopted 

5/6/05) 

Rule 465—Vacuum Producing Devices or 

Systems (Adopted 8/13/99) 

Rule 468—Sulfur Recovery Units (Amended 

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 12/21/01) 

Rule 701—Air Pollution Emergency 

Contingency Actions (Adopted 6/13/97) 

Rule 702—Definitions (Adopted 7/11/80) 

Rule 708—Plans (Rescinded 9/8/95) 

Regulation IX—New Source Performance 

Standards (Adopted 5/11/01) 

Regulation X—National Emission Standards 

for Hazardous Air Pollutants (NESHAPS) 

(Adopted 5/11/01) 

Rule 1105.1—Reduction of PM 10 and 

Ammonia Emissions From Fluid 

Catalytic Crackling Units (Adopted 11/7/ 

03) 

Rule 1106—Marine Coatings Operations 

(Adopted 1/13/95) 

Rule 1107—Coating of Metal Parts and 

Products (Adopted 11/9/01) 

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 (Amended 

6/3/05) 

Rule 1110.2—Emissions from Gaseous- and 

Liquid Fueled Internal Combustion 

Engines (Amended 6/3/05) 

Rule 1113—Architectural Coatings 

(Amended 7/9/04) 

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 (Amended 9/3/04) 

Rule 1122—Solvent Degreasers (Amended 

10/1/04) 

Rule 1123—Refinery Process Turnarounds 

(Adopted 12/7/90) 

Rule 1125—Metal Containers, Closure, and 

Coil Coating Operations (1/13/95) 

Rule 1129—Aerosol Coatings (Adopted 3/8/ 

96) 

Rule 1132—Further Control of VOC 

Emissions from High-Emitting Spray 

Booth Facilities (Amended 5/7/04) 

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 1137—PM10 Emission Reductions from 

Woodworking Operations (Adopted 2/ 

01/02) 

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 11/17/00) 

Rule 1146.1—Emission of Oxides of Nitrogen 

from Small Industrial, Institutional, and 

Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Proposed Rules 72099 

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 (Amended 1/17/05) 

Rule 1148—Thermally Enhanced Oil 

Recovery Wells (Adopted 11/5/82) 

Rule 1149—Storage Tank Degassing 

(Adopted 7/14/95) 

Rule 1162—Polyester Resin Operations 

(Amended 7/9/04) 

Rule 1168—Adhesive and Sealant 

Applications (Amended 1/7/05) 

Rule 1171—Solvent Cleaning Operations 

(Amended 5/6/05) 

Rule 1173—Fugitive Emissions of Volatile 

Organic Compounds (Adopted 12/06/02) 

Rule 1176—VOC Emissions from Wastewater 

Systems (Adopted 9/13/96) 

Rule 1178—Further Reductions of VOC 

Emissions from Storage Tanks at 

Petroleum Facilities (Adopted 12/21/01) 

Rule 1301—General (Adopted 12/7/95) 

Rule 1302—Definitions (Adopted 12/06/02) 

Rule 1303—Requirements (Adopted 12/06/ 

02) 

Rule 1304—Exemptions (Adopted 6/14/96) 

Rule 1306—Emission Calculations (Adopted 

12/06/02) 

Rule 1313—Permits to Operate (Adopted 12/ 

7/95) 

Rule 1403—Asbestos Emissions from 

Demolition/Renovation Activities 

(Adopted 4/8/94) 

Rule 1470—Requirements for Stationary 

Diesel-Fueled Internal Combustion and 

Other Compression Ignition Engines 

(Adopted 3/4/05) 

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 1612.1—Mobile Source Credit 

Generation Pilot Program (Adopted 3/16/ 

01) 

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 (Amended 5/6/05) 

Rule 2001—Applicability (Amended 5/6/05) 

Rule 2002—Allocations for Oxides of 

Nitrogen (NOX) and Oxides of Sulfur 

(SOX) Emissions (Amended 1/7/05) 

Rule 2004—Requirements (Adopted 5/11/01) 

except (l) 

Rule 2005—New Source Review for 

RECLAIM (Amended 4/20/01) except (i) 

Rule 2006—Permits (Adopted 5/11/01) 

Rule 2007—Trading Requirements (Amended 

5/6/05) 

Rule 2008—Mobile Source Credits (Adopted 

10/15/93) 

Rule 2009—Compliance Plan for Power 

Producing Facilities (Adopted 1/7/05) 

Rule 2010—Administrative Remedies and 

Sanctions (Amended 1/7/05) 

Rule 2011—Requirements for Monitoring, 

Reporting, and Recordkeeping for Oxides 

of Sulfur (SOX) Emissions (Amended 5/ 

6/05) 

Appendix A Volume IV—(Protocol for oxides 

of sulfur) (Adopted 5/6/05) 

Rule 2012—Requirements for Monitoring, 

Reporting, and Recordkeeping for Oxides 

of Nitrogen (NOX) Emissions (Amended 

5/6/05) 

Appendix A Volume V—(Protocol for oxides 

of nitrogen) (Adopted 5/6/05) 

Rule 2015—Backstop Provisions (Amended 

6/4/04) except (b)(1)(G) and (b)(3)(B) 

Rule 2020—RECLAIM Reserve (Adopted 5/ 

11/01) 

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 3/16/01) 

Rule 3004—Permit Types and Content 

(Adopted 12/12/97) 

Rule 3005—Permit Revisions (Adopted 3/16/ 

01) 

Rule 3006—Public Participation (Adopted 

11/14/97) 

Rule 3007—Effect of Permit (Adopted 10/8/ 

93) 

Rule 3008—Potential To Emit Limitations (3/ 

16/01) 

XXXI—Acid Rain Permit Program (Adopted 

2/10/95) 

* * * * * 

[FR Doc. 05–23275 Filed 11–30–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 223 

[I.D. 111805A] 

Sea Turtle Requirements; Petition for 

Rulemaking 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of decision on petition. 

SUMMARY: The National Marine 

Fisheries Service (NMFS), National 

Oceanic and Atmospheric 

Administration (NOAA), Department of 

Commerce, announces its denial of a 

petition for rulemaking submitted by 

Oceana. Oceana failed to request 

specific and discrete actions that are 

properly within the scope of a 

rulemaking petition pursuant to the 

Administrative Procedure Act (APA); 

instead the petitioner challenged the 

agency’s general pattern, practice, or 

policy. NMFS is denying the petition 

because the agency is already 

addressing aspects of the petition and 

has determined that additional 

regulations dictating the choice of 

method used to achieve agency goals are 

unwarranted at this time. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Schroeder (ph. 301–713–1401, 

fax 301–713–0376, e-mail 

barbara.schroeder@noaa.gov). 

SUPPLEMENTARY INFORMATION: 

Petition Request 

On August 4, 2005, Oceana submitted 

a petition requesting NMFS to 

promulgate the following regulations: 

(1) Conduct in-water population level 

assessments. The petition requests that 

NMFS use in-water survey techniques, 

such as trawl or aerial surveys to obtain 

supplemental population assessment 

information for those species for which 

nesting beach survey data are available 

among other things, Oceana cites the 

Turtle Expert Working Group (TEWG 

2000) recommendations to improve 

datasets and data-gathering methods in 

order to support its petition; 

(2) Increase observer coverage to 

obtain accurate information on the 

number of sea turtles caught in all 

fisheries. The petition requests that 

NMFS promulgate regulations that 

increase coverage. The petition cites the 

TEWG statement that observer coverage 

over a statistically valid portion of the 

fishing effort throughout the range of sea 

turtles is necessary to accurately 

estimate catch and mortality; and 

(3) Establish a quantitative method for 

determining take limits for biological 

opinions. The petition claims that 

NMFS fails to provide a quantitative 

rationale for incidental take specified in 

its biological opinions. The petition 

mentions several NMFS’ evaluations of 

quantitative models for sea turtles, 

including the Potential Biological 

Removal (PBR) model used for marine 

mammals. Finally, the petition refers to 

the August 2004 workshop convened by 

NMFS to develop an analytical 

framework for conducting jeopardy 

analyses under the Endangered Species 

Act (ESA) and identify options for 

assessing species’ risk when data are 

limited. The petition requests that 

NMFS adopt regulations immediately to 

insure that biological opinions use a 

standardized method to make decisions.