Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules and Regulations 28757

violation of section 113 of the CAA or

section 309(c) of the CWA, which

violation occurred at the facility. The

ineligibility of the facility continues

until such time as the EPA Debarring

Official certifies that the condition

giving rise to the CAA or CWA criminal

conviction has been corrected.

* * * * *

Facility. Any building, plant,

installation, structure, mine, vessel,

floating craft, location or site of

operations at which, or from which, a

Federal contract, subcontract, loan,

assistance award or covered transaction

is to be performed. Where a location or

site of operations contains or includes

more than one building, plant,

installation or structure, the entire

location or site shall be deemed the

facility unless otherwise limited by

EPA.

* * * * *

6. Section 32.110 is amended by

adding a new paragraph (d) as follows:

§ 32.110 Coverage.

* * * * *

(d) Except as provided in § 32.215 of

this part, Federal agencies shall not use

a CAA or CWA ineligible facility in the

performance of any Federal contract,

subcontract, loan, assistance award or

covered transaction.

7. Section 32.115 is amended by

revising paragraph (d) to read as

follows:

§ 32.115 Policy.

* * * * *

(d) It is EPA policy to exercise its

authority to reinstate CAA or CWA

ineligible facilities in a manner which is

consistent with the policies in

paragraphs (a) and (b) of this section.

8. Section 32.215 is revised to read as

follows:

§ 32.215 Exception provision.

(a) EPA may grant an exception

permitting a debarred, suspended, or

voluntarily excluded person, or a person

proposed for debarment under 48 CFR

part 9, subpart 9.4, to participate in a

particular covered transaction upon a

written determination by the agency

head or an authorized designee stating

the reason(s) for deviating from the

Presidential policy established by

Executive Order 12549 and § 32.200.

However, in accordance with the

President’s stated intention in the

Executive Order, exceptions shall be

granted only infrequently. Exceptions

shall be reported in accordance with

§ 32.505(a).

(b) Any agency head, or authorized

designee, may except any Federal

contract, subcontract, loan, assistance

award or covered transaction,

individually or as a class, in whole or

in part, from the prohibitions otherwise

applicable by reason of a CAA or CWA

ineligibility. The agency head granting

the exception shall notify the EPA

Debarring Official of the exception as

soon, before or after granting the

exception, as may be practicable. The

justification for such an exception, or

any renewal thereof, shall fully describe

the purpose of the contract or covered

transaction, and show why the

paramount interest of the United States

requires the exception.

(c) The EPA Debarring Official is the

official authorized to grant exceptions

under this section for EPA.

9. Section 32.315 is amended by

adding a new paragraph (c) to read as

follows:

§ 32.315 Settlement and voluntary

exclusion.

* * * * *

(c) The EPA Debarring Official may

consider matters regarding present

responsibility, as well as any other

matter regarding the conditions giving

rise to alleged CAA or CWA violations

in anticipation of entry of a plea,

judgment or conviction. If, at any time,

it is in the interest of the United States

to conclude such matters pursuant to a

comprehensive settlement agreement,

the EPA Debarring Official may

conclude the debarment and

ineligibility matters as part of any such

settlement, so long as he or she certifies

that the condition giving rise to the CAA

or CWA violation has been corrected.

10. Section 32.321 is added to Part 32

to read as follows:

§ 32.321 Reinstatement of facility

eligibility.

(a) A written petition to reinstate the

eligibility of a CAA or CWA ineligible

facility may be submitted to the EPA

Debarring Official. The petitioner bears

the burden of providing sufficient

information and documentation to

establish, by a preponderance of the

evidence, that the condition giving rise

to the CAA or CWA conviction has been

corrected. If the material facts set forth

in the petition are disputed, and the

Debarring Official denies the petition,

the petitioner shall be afforded the

opportunity to have additional

proceedings as provided in § 32.314(b).

(b) A decision by the EPA Debarring

Official denying a petition for

reinstatement may be appealed under

§ 32.335.

§ 32.330 [Removed]

11. Section 32.330 is removed.

§ 32.425 [Removed]

12. Section 32.425 is removed.

[FR Doc. 96–14117 Filed 6–5–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 55

[FRL–5515–7]

Outer Continental Shelf Air

Regulations Consistency Update for

California

AGENCY: Environmental Protection

Agency (‘‘EPA’’).

ACTION: Final rule-consistency update.

SUMMARY: EPA is finalizing the update

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

Air Regulations proposed in the Federal

Register on January 29, 1996, September

11, 1995, and April 7, 1995.

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

Ventura County Air Pollution Control

District (Ventura County APCD) are the

designated COAs. The intended effect of

approving the requirements contained

in ‘‘Santa Barbara County Air Pollution

Control District Requirements

Applicable to OCS Sources’’ (April,

1996), ‘‘South Coast Air Quality

Management District Requirements

Applicable to OCS Sources’’ (Part I and

II) (April, 1996), and ‘‘Ventura County

Air Pollution Control District

Requirements Applicable to OCS

Sources’’ (April, 1996) is to regulate

emissions from OCS sources in

accordance with the requirements

onshore.

DATES: This action is effective July 8,

1996.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the following

locations:

Rulemaking Section (A–5–3), Air and

Toxics Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105.

Environmental Protection Agency

(LE–6102), 401 ‘‘M’’ Street, SW, Room

M–1500, Washington, D.C. 20460.
28758 Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT:

Christine Vineyard, Air and Toxics

Division (A–5–3), U.S. EPA Region IX,

75 Hawthorne Street, San Francisco, CA

94105, Telephone: (415) 744–1197.

SUPPLEMENTARY INFORMATION:

Background

On January 29, 1996 in 61 FR 2761,

September 11, 1995 in 60 FR 47140, and

April 7, 1995 in 60 FR 17748, EPA

proposed to approve the following

requirements into the OCS Air

Regulations: ‘‘Santa Barbara County Air

Pollution Control District Requirements

Applicable to OCS Sources’’, ‘‘South

Coast Air Quality Management District

Requirements Applicable to OCS

Sources’’ (Part I and II), and ‘‘Ventura

County Air Pollution Control District

Requirements Applicable to OCS

Sources’’. These requirements are being

promulgated in response to the

submittal of rules from local air

pollution control agencies. EPA has

evaluated the above requirements to

ensure that they are rationally related to

the attainment or maintenance of federal

or state ambient air quality standards or

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

not designed expressly to prevent

exploration and development of the

OCS and that they are applicable to OCS

sources. 40 CFR 55.1. EPA has also

evaluated the rules to ensure that they

are not arbitrary or capricious. 40 CFR

55.12(e). In addition, EPA has excluded

administrative or procedural rules.

A 30-day public comment period was

provided in 61 FR 2761, 60 FR 47140,

and 60 FR 17748, and no comments

were received.

EPA Action

In this document, EPA takes final

action to incorporate the proposed

changes into 40 CFR part 55. No

changes were made to the proposals set

forth in the January 29, 1996, September

11, 1995, and April 7, 1995 notices of

proposed rulemaking. EPA is approving

the submittal as modified under section

328(a)(1) of the Act, 42 U.S.C. 7627.

Section 328(a) of the Act requires that

EPA establish requirements to control

air pollution from OCS sources located

within 25 miles of states’ seaward

boundaries that are the same as onshore

requirements. To comply with this

statutory mandate, EPA must

incorporate applicable onshore rules

into Part 55 as they exist onshore.

Administrative Requirements

A. Executive Order 12866 (Regulatory

Impact Analysis)

The Office of Management and Budget

has exempted this action from Executive

Order 12866 review.

B. 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 final rule

will not have a significant impact on a

substantial number of small entities.

C. Unfunded Mandates

Under Sections 202, 203, and 205 of

the Unfunded Mandates Reform Act of

1995 (‘‘Unfunded Mandates Act’’),

signed into law on March 22, 1995, EPA

must undertake various actions in

association with proposed or final rules

that include a Federal mandate that may

result in estimated costs of $100 million

or more to the private sector or to State,

local, or tribal governments in the

aggregate.

EPA has determined that the final

action promulgated today does not

include a Federal mandate that may

result in estimated cost 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 Federal requirements.

Accordingly, no additional costs to the

State, local, or tribal governments, or to

the private sector, result from this

action.

List of Subjects in 40 CFR Part 55

Environmental protection,

Administrative practice and procedures,

Air pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Nitrogen oxides, Outer

Continental Shelf, Ozone, Particulate

matter, Permits, Reporting and

Recordkeeping requirements, Sulfur

oxides.

Dated: May 8, 1996.

Felicia Marcus,

Regional Administrator.

Title 40 of the Code of Federal

Regulations, Part 55, is 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)(ii)(F),

(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) * * *

(F) Santa Barbara County Air

Pollution Control District Requirements

Applicable to OCS Sources, April, 1996.

(G) South Coast Air Quality

Management District Requirements

Applicable to OCS Sources (Part I and

Part II), April, 1996.

(H) Ventura County Air Pollution

Control District Requirements

Applicable to OCS Sources, April, 1996.

* * * * *

3. Appendix A to 40 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, April 1996:

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)
Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules and Regulations 28759

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

3/16/95)

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 4/21/

95)

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 344 Petroleum Sumps, Pits, and Well

Cellars (Adopted 11/10/94)

Rule 359 Flares and Thermal Oxidizers (6/

28/94)

Rule 370 Potential to Emit—Limitations for

Part 70 Sources (Adopted 6/15/95)

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)

Rule 1301 Part 70 Operating Permits—

General Information (Adopted 11/09/93)

Rule 1302 Part 70 Operating Permits—

Permit Application (Adopted 11/09/93)

Rule 1303 Part 70 Operating Permits—

Permits (Adopted 11/09/93)

Rule 1304 Part 70 Operating Permits—

Issuance, Renewal, Modification and

Reopening (Adopted 11/09/93)

Rule 1305 Part 70 Operating Permits—

Enforcement (Adopted 11/09/93)

(7) The following requirements are

contained in South Coast Air Quality

Management District Requirements

Applicable to OCS Sources, April 1996:

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

(Adopted 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 Organic Liquid Storage (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)

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 1/13/95)

Rule 1107 Coating of Metal Parts and

Products (Adopted 5/12/95)
28760 Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules and Regulations

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 12/9/94)

Rule 1113 Architectural Coatings (Adopted

9/6/91)

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 3/10/95)

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 1171 Solvent Cleaning Operations

(Adopted 5/12/95)

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)

Emissions (Adopted 3/10/95)

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 10/

15/93)

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

10/15/93)

Appendix A Volume V—(Protocol for

oxides of nitrogen) (Adopted 3/10/95)

Rule 2015 Backstop Provisions (Adopted

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

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, April 1996:

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 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

12/13/94)

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)

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)

Rule 33.5 Part 70 Permits—Timeframes 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)

Appendix II–B Best Available Control

Technology (BACT) Tables (Adopted 12/

86)

Rule 42 Permit Fees (Adopted 7/11/95)

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)
Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules and Regulations 28761

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 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 12/13/94)

Rule 74.15 Boilers, Steam Generators and

Process Heaters (5MM BTUs and greater)

(Adopted 11/8/94)

Rule 74.15.1 Boilers, Steam Generators and

Process Heaters (1–5MM BTUs)(Adopted

6/13/95)

Rule 74.16 Oil Field Drilling Operations

(Adopted 1/8/91)

Rule 74.20 Adhesives and Sealants

(Adopted 6/8/93)

Rule 74.23 Stationary Gas Turbines

(Adopted 3/14/95)

Rule 74.24 Marine Coating Operations

(Adopted 3/8/94)

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 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)

Rule 220 General Conformity (Adopted 5/9/

95)

* * * * *

[FR Doc. 96–14116 Filed 6–5–96; 8:45 am]

BILLING CODE 6050–50–P

40 CFR Part 73

RIN 2060–AG41

[FRL–5513–4]

Acid Rain Program; Elimination of

Direct Sale Program and IPP Written

Guarantee Program: Final Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: Title IV of the Clean Air Act,

as amended by the Clean Air Act

Amendments of 1990, (the Act)

authorized the U.S. Environmental

Protection Agency to establish the Acid

Rain Program to reduce the adverse

health and ecological effects of acidic

deposition. Under the Acid Rain

Program, electric utilities must have an

allowance for each ton of sulfur dioxide

(SO2) that their generating facilities

emit. Title IV mandates that EPA hold

or sponsor yearly auctions and direct

sales of allowances for a small portion

of the total allowances allocated each

year. EPA is also required to make

available to new independent power

producers (IPPs) guarantees ensuring

priority in purchasing allowances in the

direct sales.

Section 416(c)(7) of the Act directs the

Administrator to terminate the direct

sale program if, during any two-year

period, less than 20 percent of the

allowances available for direct sales

have been purchased. The direct sale

and IPP provisions were designed to

help ensure that units, including new

IPPs, have a public source of allowances

beyond those already allocated initially.

Because no allowances have been sold

through the direct sale program since it

began in June 1993, EPA is revising its

regulations to terminate the direct sales.

The allowances available previously in

the direct sale program will now be

available in the annual allowance

auctions, the proceeds of which will

continue to be returned to the utilities

from which the allowances were

withheld. In addition, because the IPP

written guarantee program is

implemented through the direct sales

and no applications for such guarantees

have been received, EPA is revising its

regulations to terminate the guarantee

program.

The rule revision is being issued as a

direct final rule because the Act

mandates this action and no adverse

comment is expected.

DATES: This direct final rule will be

effective on August 5, 1996, unless

significant, adverse comments are

received by July 8, 1996. If significant

adverse comments are received on any

portion of this direct final rule, that

portion of the direct final rule will be

withdrawn through a notice in the

Federal Register.

FOR FURTHER INFORMATION CONTACT:

Kenon Smith, U.S. Environmental

Protection Agency, Acid Rain Division

(6204J), 401 M Street, SW, Washington,

D.C. 20460, (202) 233–9164, call the

Acid Rain Hotline at (202) 233–9620, or

visit the Acid Rain Program web page at

http://www.epa.gov/docs/acidrain/

ardhome.html. All material supporting

this notice is available for viewing and

copying under Docket A–96–19, EPA

Air Docket (6102), U.S. Environmental

Protection Agency, 401 M Street, SW.,

Washington, DC 20460, Telephone (202)

260–7548.

SUPPLEMENTARY INFORMATION: Any

significant adverse comments received

on any portion of this direct final rule,

by the date listed above, will be

addressed in a subsequent final rule.

That final rule will be based on the

relevant portion of the rule revision that

is noticed as a proposed rule in the

Proposed Rule Section of this Federal

Register and that is identical to this

direct final rule.

EPA’s Acid Rain Program established

an innovative, market-based allowance

trading system to reduce S02 emissions,

one of the primary precursors of acid

rain. Under this system, fossil fuel-fired

power plants, the principal emitters of

S02, were allotted tradeable allowances

based on their past fuel usage and

emissions. Each allowance entitles a

boiler unit in a plant to emit 1 ton of

S02 during or after the year specified in

the allowance serial number. At the end

of the year, the number of allowances a

unit holds must equal or exceed the

total emissions at that unit; otherwise,

stringent penalties will apply. After the

year 2000, the total number of

allowances allocated each year will be

about half of what the utility industry

emitted in 1980.