47114 Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Proposed Rules 

than Friday, September 12, 2008 at 5:00 

p.m. 

ADDRESSES: If hand delivered by a 

private party, an original and five copies 

of a comment or reply comment should 

be brought to the Library of Congress, 

U.S. Copyright Office, Room LM–401, 

James Madison Building, 101 

Independence Ave., SE, Washington, DC 

20559, between 8:30 a.m. and 5 p.m. 

The envelope should be addressed as 

follows: Office of the General Counsel, 

U.S. Copyright Office. 

If delivered by a commercial courier, 

an original and five copies of a comment 

or reply comment must be delivered to 

the Congressional Courier Acceptance 

Site (‘‘CCAS’’) located at 2nd and D 

Streets, NE, Washington, DC between 

8:30 a.m. and 4 p.m. The envelope 

should be addressed as follows: Office 

of the General Counsel, U.S. Copyright 

Office, LM–403, James Madison 

Building, 101 Independence Avenue, 

SE, Washington, DC 20559. Please note 

that CCAS will not accept delivery by 

means of overnight delivery services 

such as Federal Express, United Parcel 

Service or DHL. 

If sent by mail (including overnight 

delivery using U.S. Postal Service 

Express Mail), an original and five 

copies of a comment or reply comment 

should be addressed to U.S. Copyright 

Office, Copyright GC/I&R, P.O. Box 

70400, Washington, DC 20024. 

FOR FURTHER INFORMATION CONTACT: 

Tanya M. Sandros, General Counsel, or 

Stephen Ruwe, Attorney Advisor, 

Copyright GC/I&R, P.O. Box 70400, 

Washington, DC 20024. Telephone: 

(202) 707–8380. Telefax: (202) 707–

8366. 

SUPPLEMENTARY INFORMATION: On July 

16, 2008, the Copyright Office published 

a Notice of Proposed Rulemaking 

(‘‘NPRM’’) seeking comment on 

proposed amendments to its regulations 

to clarify the scope and application of 

the Section 115 compulsory license to 

make and distribute phonorecords of a 

musical work by means of digital 

phonorecord deliveries. 73 FR 40802. 

The Notice stated that written 

comments must be received in the 

Office of the General Counsel of the 

Copyright Office no later than August 

15, 2008 and reply comments must be 

received in the Office of the General 

Counsel of the Copyright Office no later 

than September 2, 2008. 

The Copyright Office has received 

requests from various parties who wish 

to submit comments and who seek an 

extension of time to file those comments 

in this proceeding. Each of the requests 

referred, among other things, to the 

recent decision of the United States 

Court of Appeals for the Second Circuit 

in The Cartoon Network LP v. CSC 

Holdings, Inc., 07–1480–CV (2d. Cir. 

Aug. 4, 2008), in which the Court of 

Appeals reversed a district court ruling 

cited by the Office in the Notice of 

Proposed Rulemaking. 

The Office agrees that the ruling in 

the Cartoon Network case may be 

pertinent to the issues raised in this 

rulemaking and that interested parties 

should be given sufficient time in which 

to consider and comment upon the 

implications of that ruling. Therefore, 

the Office has decided to extend the 

deadlines for submission of comments. 

Comments must be received in the 

Office of the General Counsel of the 

Copyright Office no later than Thursday, 

August 28, 2008 at 5:00 p.m. Reply 

Comments must be received no later 

than Monday, September 15, 2008 at 

5:00 p.m. The purpose of reply 

comments is to respond to what is said 

in the initial round of comments. The 

Office will post the initial comments on 

its website, www.copyright.gov, shortly 

after the August 28 deadline. 

The Office has also determined that it 

would be helpful to conduct a hearing 

on the proposed rulemaking. The 

hearing will take place on Friday, 

September 19, 2008 in the Copyright 

Hearing Room at the Library of 

Congress, Room LM–408, 4th Floor, 

James Madison Building, 101 

Independence Avenue, SE, Washington, 

DC. 

Persons wishing to testify at the 

hearing must submit a Request to 

Testify, which must be received in the 

Office of the General Counsel of the 

Copyright Office no later than Friday, 

September 12, 2008 at 5:00 p.m. If any 

person wishing to testify has not 

submitted a written comment, the 

Request to Testify must be accompanied 

by a statement summarizing that 

person’s testimony. 

The capacity of the room in which the 

hearing will be held is limited. Persons 

other than persons testifying will be 

admitted on a first–come, first–served 

basis. 

Dated: August 8, 2008. 

David O. Carson, 

Associate Register for Policy & International 

Affairs 

[FR Doc. E8–18799 Filed 8–12–04; 8:45 am] 

BILLING CODE 1410–30–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[OAR–2004–0091; FRL–8703–7] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

California 

AGENCY: Environmental Protection 

Agency (‘‘EPA’’). 

ACTION: Proposed rule—Consistency 

Update. 

SUMMARY: EPA is proposing to update a 

portion of the Outer Continental Shelf 

(‘‘OCS’’) Air Regulations. Requirements 

applying to OCS sources located within 

25 miles of States’ seaward boundaries 

must be updated periodically to remain 

consistent with the requirements of the 

corresponding onshore area (‘‘COA’’), as 

mandated by section 328(a)(1) of the 

Clean Air Act, as amended in 1990 (‘‘the 

Act’’). The portion of the OCS air 

regulations that is being updated 

pertains to the requirements for OCS 

sources by the Santa Barbara County Air 

Pollution Control District (Santa Barbara 

County APCD). The intended effect of 

approving the OCS requirements for the 

Santa Barbara County APCD is to 

regulate emissions from OCS sources in 

accordance with the requirements 

onshore. 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: Any comments must arrive by 

September 12, 2008. 

ADDRESSES: Submit comments, 

identified by docket number OAR–

2004–0091, by one of the following 

methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

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

3. 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 without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or e-mail. 


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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). 

www.regulations.gov is an ‘‘anonymous 

access’’ system, 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. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

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

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

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

U.S. EPA Region 9, 75 Hawthorne 

Street, San Francisco, CA 94105, (415) 

947–4120, allen.cynthia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background Information 

Why is EPA taking this action? 

II. EPA’s Evaluation 

A. What criteria were used to evaluate 

rules submitted to update 40 CFR part 

55? 

B. What requirements were submitted to 

update 40 CFR part 55? 

III. Administrative Requirements 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Coordination 

With Indian Tribal Government 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

I. Background Information 

Why is EPA taking this action? 

On September 4, 1992, EPA 

promulgated 40 CFR part 55,1 which 

established requirements to control air 

pollution from OCS sources in order to 

attain and maintain federal and state 

ambient air quality standards and to 

comply with the provisions of part C of 

title I of the Act. Part 55 applies to all 

OCS sources offshore of the States 

except those located in the Gulf of 

Mexico west of 87.5 degrees longitude. 

Section 328 of the Act requires that for 

such sources located within 25 miles of 

a State’s seaward boundary, the 

requirements shall be the same as would 

be applicable if the sources were located 

in the COA. Because the OCS 

requirements are based on onshore 

requirements, and onshore requirements 

may change, section 328(a)(1) requires 

that EPA update the OCS requirements 

as necessary to maintain consistency 

with onshore requirements. 

Pursuant to § 55.12 of the OCS rule, 

consistency reviews will occur (1) at 

least annually; (2) upon receipt of a 

Notice of Intent under § 55.4; or (3) 

when a state or local agency submits a 

rule to EPA to be considered for 

incorporation by reference in part 55. 

This proposed action is being taken in 

response to the submittal of 

requirements submitted by the Santa 

Barbara County APCD. 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 Santa Barbara County 

APCD 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 No. Name Adoption or 

amended date 

102 .................... Definitions ............................................................................................................................................................. 06/19/08 

201 .................... Permits Required .................................................................................................................................................. 06/19/08 

202 .................... Exemptions To Rule 201 ...................................................................................................................................... 06/19/08 


hsrobinson on PROD1PC76 with PROPOSALS
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Rule No. Name Adoption or 

amended date 

333 .................... Control of Emissions From Reciprocating Internal Combustion Engines ............................................................ 06/19/08 

361 .................... Small Boilers, Steam Generators, and Process Heaters ..................................................................................... 01/17/08 

III. Administrative Requirements 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735 (October 4, 1993)), the Agency 

must determine whether the regulatory 

action is ‘‘significant’’ and therefore 

subject to Office of Management and 

Budget (‘‘OMB’’) review and the 

requirements of the Executive Order. 

The Order defines ‘‘significant 

regulatory action’’ as one that is likely 

to result in a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 and is therefore 

not subject to OMB Review. These rules 

implement requirements specifically 

and explicitly set forth by the Congress 

in section 328 of the Clean Air Act, 

without the exercise of any policy 

discretion by EPA. These OCS rules 

already apply in the COA, and EPA has 

no evidence to suggest that these OCS 

rules have created an adverse material 

effect. As required by section 328 of the 

Clean Air Act, this action simply 

updates the existing OCS requirements 

to make them consistent with rules in 

the COA. 

B. Paperwork Reduction Act 

The OMB has approved the 

information collection requirements 

contained in 40 CFR part 55, and by 

extension this update to the rules, under 

the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

and has assigned OMB control number 

2060–0249. Notice of OMB’s approval of 

EPA Information Collection Request 

(‘‘ICR’’) No. 1601.06 was published in 

the Federal Register on March 1, 2006 

(71 FR 10499–10500). The approval 

expires January 31, 2009. As EPA 

previously indicated (70 FR 65897–

65898 (November 1, 2005)), the annual 

public reporting and recordkeeping 

burden for collection of information 

under 40 CFR part 55 is estimated to 

average 549 hours per response. Burden 

means the total time, effort, or financial 

resources expended by persons to 

generate, maintain, retain, or disclose or 

provide information to or for a Federal 

agency. This includes the time needed 

to review instructions; develop, acquire, 

install, and utilize technology and 

systems for the purposes of collecting, 

validating, and verifying information, 

processing and maintaining 

information, and disclosing and 

providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9 and are 

identified on the form and/or 

instrument, if applicable. In addition, 

EPA is amending the table in 40 CFR 

part 9 of currently approved OMB 

control numbers for various regulations 

to list the regulatory citations for the 

information requirements contained in 

this final rule. 

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. 

These rules will not have a significant 

economic impact on a substantial 

number of small entities. These rules 

implement requirements specifically 

and explicitly set forth by the Congress 

in section 328 of the Clean Air Act, 

without the exercise of any policy 

discretion by EPA. These OCS rules 

already apply in the COA, and EPA has 

no evidence to suggest that these OCS 

rules have had a significant economic 

impact on a substantial number of small 

entities. As required by section 328 of 

the Clean Air Act, this action simply 

updates the existing OCS requirements 

to make them consistent with rules in 

the COA. Therefore, I certify that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (‘‘UMRA’’), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and tribal governments and the private 

sector. Under section 202 of the UMRA, 

EPA generally must prepare written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures to State, local, 

and tribal governments, in the aggregate, 

or to the private sector, of $100 million 

of more in any one year. Before 

promulgating an EPA rule for which a 

written statement is needed, section 205 

of the UMRA generally requires EPA to 

identify and consider a reasonable 

number of regulatory alternatives and 

adopt the least costly, most costeffective or least burdensome alternative 

that achieves the objectives of the rule. 

The provisions of section 205 do not 

apply when they are inconsistent with 

applicable law. Moreover, section 205 

allows EPA to adopt an alternative other 

than the least costly, most cost-effective 

or least burdensome alternative if the 

Administrator publishes with the final 

rule an explanation why that alternative 

was not adopted. 

Before EPA establishes any regulatory 

requirements that may significantly or 

uniquely affect small governments, 

including tribal governments, it must 

have developed under section 203 of the 

UMRA a small government agency plan. 

The plan must provide for notifying 

potentially affected small governments, 

enabling officials of affected small 

governments to have meaningful and 

timely input in the development of EPA 

regulatory proposals with significant 

Federal intergovernmental mandates, 


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and informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. Today’s 

proposed rules contain no Federal 

mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State, local, or tribal governments or the 

private sector that may result in 

expenditures of $100 million or more 

for State, local, or tribal governments, in 

the aggregate, or to the private sector in 

any one year. These rules implement 

requirements specifically and explicitly 

set forth by the Congress in section 328 

of the Clean Air Act without the 

exercise of any policy discretion by 

EPA. These OCS rules already apply in 

the COA, and EPA has no evidence to 

suggest that these OCS rules have 

created an adverse material effect. As 

required by section 328 of the Clean Air 

Act, this action simply updates the 

existing OCS requirements to make 

them consistent with rules in the COA. 

E. Executive Order 13132, Federalism 

Executive Orders 13132, entitled 

‘‘Federalism’’ (64 FR 43255 (August 10, 

1999)), 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.’’

This proposed rule does not have 

federalism implications. It 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. These rules 

implement requirements specifically 

and explicitly set forth by the Congress 

in section 328 of the Clean Air Act, 

without the exercise of any policy 

discretion by EPA. As required by 

section 328 of the Clean Air Act, this 

rule simply updates the existing OCS 

rules to make them consistent with 

current COA requirements. These rules 

do not amend the existing provisions 

within 40 CFR part 55 enabling 

delegation of OCS regulations to a COA, 

and this rule does not require the COA 

to implement the OCS rules. Thus, 

Executive Order 13132 does not apply 

to this rule. 

In the spirit of Executive Order 13132, 

and consistent with EPA policy to 

promote communications between EPA 

and state and local governments, EPA 

specifically solicits comments on this 

proposed rule from State and local 

officials. 

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 rule does not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes 

and thus does not have ‘‘tribal 

implications,’’ within the meaning of 

Executive Order 13175. This rule 

implements requirements specifically 

and explicitly set forth by the Congress 

in section 328 of the Clean Air Act, 

without the exercise of any policy 

discretion by EPA. As required by 

section 328 of the Clean Air Act, this 

rule simply updates the existing OCS 

rules to make them consistent with 

current COA requirements. In addition, 

this rule does not impose substantial 

direct compliance costs tribal 

governments, nor preempt tribal law. 

Consultation with Indian tribes is 

therefore not required under Executive 

Order 13175. Nonetheless, in the spirit 

of Executive Order 13175 and consistent 

with EPA policy to promote 

communications between EPA and 

tribes, EPA specifically solicits 

comments on this proposed rule from 

tribal officials. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

Executive Order 13045: ‘‘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 proposed rule is not subject to 

Executive Order 13045 because it is not 

economically significant as defined in 

Executive Order 12866. In addition, the 

Agency does not have reason to believe 

the environmental health or safety risks 

addressed by this action present a 

disproportional risk to children. 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed 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(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law No. 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable laws or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTAA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decided 

not to use available and applicable 

voluntary consensus standards. 

As discussed above, these rules 

implement requirements specifically 

and explicitly set forth by the Congress 

in section 328 of the Clean Air Act, 

without the exercise of any policy 

discretion by EPA. As required by 

section 328 of the Clean Air Act, this 

rule simply updates the existing OCS 

rules to make them consistent with 

current COA requirements. In the 

absence of a prior existing requirement 

for the state to use voluntary consensus 

standards and in light of the fact that 

EPA is required to make the OCS rules 

consistent with current COA 

requirements, it would be inconsistent 

with applicable law for EPA to use 

voluntary consensus standards in this 

action. Therefore, EPA is not 

considering the use of any voluntary 

consensus standards. EPA welcomes 

comments on this aspect of the 

proposed rulemaking and, specifically, 

invites the public to identify 

potentially-applicable voluntary 


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consensus standards and to explain why 

such standards should be used in this 

regulation. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. EPA 

lacks the discretionary authority to 

address environmental justice in this 

proposed action. This rule implements 

requirements specifically and explicitly 

set forth by the Congress in section 328 

of the Clean Air Act, without the 

exercise of any policy discretion by 

EPA. As required by section 328 of the 

Clean Air Act, this rule simply updates 

the existing OCS rules to make them 

consistent with current COA 

requirements. 

Although EPA lacks authority to 

modify today’s regulatory decision on 

the basis of environmental justice 

considerations, EPA nevertheless 

explored this issue and found the 

following. This action, namely, 

updating the OCS rules to make them 

consistent with current COA 

requirements, will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it increases the level of 

environmental protection for all affected 

populations without having any 

disproportionately high and adverse 

human health or environmental effects 

on any population, including any 

minority or low-income population. 

Environmental justice considerations 

may be appropriate to consider in the 

context of a specific OCS permit 

application. 

List of Subjects in 40 CFR Part 55 

Environmental protection, 

Administrative practice and procedure, 

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: July 24, 2008. 

Kathleen H. Johnson, 

Acting Regional Administrator, Region IX. 

Title 40 of the Code of Federal 

Regulations, part 55, is proposed to be 

amended as follows: 

PART 55—[AMENDED] 

1. The authority citation for part 55 

continues to read as follows: 

Authority: Section 328 of the Clean Air Act 

(42 U.S.C. 7401 et seq.) as amended by Public 

Law 101–549. 

2. Section 55.14 is amended by 

revising paragraph (e)(3)(ii)(F) to read as 

follows: 

§ 55.14 Requirements that apply to OCS 

sources located within 25 miles of States’

seaward boundaries, by state. 

* * * * * 

(e) * * * 

(3) * * * 

(ii) * * * 

(F) Santa Barbara County Air 

Pollution Control District Requirements 

Applicable to OCS Sources. 

* * * * * 

3. Appendix A to CFR part 55 is 

amended by revising paragraph (b)(6) 

under the heading ‘‘California’’ to read 

as follows: 

Appendix A to Part 55—Listing of State 

and Local Requirements Incorporated 

by Reference Into Part 55, by State 

* * * * * 

California 

* * * * * 

(b) * * * 

(6) The following requirements are 

contained in Santa Barbara County Air 

Pollution Control District Requirements 

Applicable to OCS Sources: 

Rule 102 Definitions (Adopted 06/19/08) 

Rule 103 Severability (Adopted 10/23/78) 

Rule 106 Notice to Comply for Minor 

Violations (Repealed 01/01/2001) 

Rule 107 Emergencies (Adopted 04/19/01) 

Rule 201 Permits Required (Adopted 06/19/ 

08) 

Rule 202 Exemptions to Rule 201 (Adopted 

06/19/08) 

Rule 203 Transfer (Adopted 04/17/97) 

Rule 204 Applications (Adopted 04/17/97) 

Rule 205 Standards for Granting Permits 

(Adopted 04/17/97) 

Rule 206 Conditional Approval of 

Authority to Construct or Permit to 

Operate (Adopted 10/15/91) 

Rule 207 Denial of Application (Adopted 

10/23/78) 

Rule 210 Fees (Adopted 03/17/05) 

Rule 212 Emission Statements (Adopted 10/ 

20/92) 

Rule 219 Equipment Not Requiring a 

Written Permit Pursuant to Regulation II 

(Adopted 6/1/07 

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 Concentration–

Southern Zone (Adopted 10/23/78) 

Rule 306 Dust and Fumes–Northern Zone 

(Adopted 10/23/78) 

Rule 307 Particulate Matter Emission 

Weight Rate–Southern Zone (Adopted 

10/23/78) 

Rule 308 Incinerator Burning (Adopted 10/ 

23/78) 

Rule 309 Specific Contaminants (Adopted 

10/23/78) 

Rule 310 Odorous Organic Sulfides 

(Adopted 10/23/78) 

Rule 311 Sulfur Content of Fuels (Adopted 

10/23/78) 

Rule 312 Open Fires (Adopted 10/02/90) 

Rule 316 Storage and Transfer of Gasoline 

(Adopted 04/17/97) 

Rule 317 Organic Solvents (Adopted 10/23/ 

78) 

Rule 318 Vacuum Producing Devices or 

Systems–Southern Zone (Adopted 10/ 

23/78) 

Rule 321 Solvent Cleaning Operations 

(Adopted 09/18/97) 

Rule 322 Metal Surface Coating Thinner 

and Reducer (Adopted 10/23/78) 

Rule 323 Architectural Coatings (Adopted 

11/15/01) 

Rule 324 Disposal and Evaporation of 

Solvents (Adopted 10/23/78) 

Rule 325 Crude Oil Production and 

Separation (Adopted 07/19/01) 

Rule 326 Storage of Reactive Organic 

Compound Liquids (Adopted 01/18/01) 

Rule 327 Organic Liquid Cargo Tank Vessel 

Loading (Adopted 12/16/85) 

Rule 328 Continuous Emission Monitoring 

(Adopted 10/23/78) 

Rule 330 Surface Coating of Metal Parts and 

Products (Adopted 01/20/00) 

Rule 331 Fugitive Emissions Inspection and 

Maintenance (Adopted 12/10/91) 

Rule 332 Petroleum Refinery Vacuum 

Producing Systems, Wastewater 

Separators and Process Turnarounds 

(Adopted 06/11/79) 

Rule 333 Control of Emissions from 

Reciprocating Internal Combustion 

Engines (Adopted 06/19/08) 

Rule 342 Control of Oxides of Nitrogen 

(NOX) from Boilers, Steam Generators 

and Process Heaters (Adopted 04/17/97) 

Rule 343 Petroleum Storage Tank Degassing 

(Adopted 12/14/93) 

Rule 344 Petroleum Sumps, Pits, and Well 

Cellars (Adopted 11/10/94) 

Rule 346 Loading of Organic Liquid Cargo 

Vessels (Adopted 01/18/01) 

Rule 352 Natural Gas-Fired Fan-Type 

Central Furnaces and Residential Water 

Heaters (Adopted 09/16/99) 

Rule 353 Adhesives and Sealants (Adopted 

08/19/99) 

Rule 359 Flares and Thermal Oxidizers 

(Adopted 06/28/94) 

Rule 360 Emissions of Oxides of Nitrogen 

from Large Water Heaters and Small 

Boilers (Adopted 10/17/02) 

Rule 361 Small Boilers, Steam Generators, 

and Process Heaters (Adopted 01/17/08) 

Rule 370 Potential to Emit—Limitations for 

Part 70 Sources (Adopted 06/15/95) 


hsrobinson on PROD1PC76 with PROPOSALS
Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Proposed Rules 47119 

Rule 505 Breakdown Conditions Sections 

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

Rule 603 Emergency Episode Plans 

(Adopted 06/15/81) 

Rule 702 General Conformity (Adopted 10/ 

20/94) 

Rule 801 New Source Review (Adopted 04/ 

17/97) 

Rule 802 Nonattainment Review (Adopted 

04/17/97) 

Rule 803 Prevention of Significant 

Deterioration (Adopted 04/17/97) 

Rule 804 Emission Offsets (Adopted 04/17/ 

97) 

Rule 805 Air Quality Impact Analysis and 

Modeling (Adopted 04/17/97) 

Rule 808 New Source Review for Major 

Sources of Hazardous Air Pollutants 

(Adopted 05/20/99) 

Rule 1301 Part 70 Operating Permits—

General Information (Adopted 06/19/03) 

Rule 1302 Part 70 Operating Permits—

Permit Application (Adopted 11/09/93) 

Rule 1303 Part 70 Operating Permits—

Permits (Adopted 11/09/93) 

Rule 1304 Part 70 Operating Permits—

Issuance, Renewal, Modification and 

Reopening (Adopted 11/09/93) 

Rule 1305 Part 70 Operating Permits—

Enforcement (Adopted 11/09/93) 

* * * * * 

[FR Doc. E8–18735 Filed 8–12–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2008–0260; FRL–8703–2] 

RIN 2060–AO42 

Standards of Performance for Portland 

Cement Plants 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of 

public comment period. 

SUMMARY: EPA is extending the public 

comment period on the proposed 

amendments to the current Standards of 

Performance for Portland Cement 

Plants. EPA originally requested 

comments on the proposed rule by 

August 15, 2008. EPA is extending the 

deadline to September 30, 2008, and is 

now requesting written comments by 

that date. EPA received a request for this 

extension to the comment period from 

the Portland Cement Association. The 

reason given for the request for the 

extension was the need for additional 

time to gather data and review the 

proposed amendments. Given the fact 

that the proposed amendments are 

regulating two pollutants that are not 

regulated by the current NSPS, and the 

need by the Portland Cement 

Association to obtain additional 

information from control equipment 

vendors, EPA finds this request to be 

reasonable. 

DATES: Comments. The comment period 

for the proposed rule published June 16, 

2008 (73 FR 34072), is extended. 

Comments must be received on or 

before September 30, 2008. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

OAR–2007–0877, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–9744. 

• Mail: U.S. Postal Service, send 

comments to: EPA Docket Center 

(6102T), Standards of Performance 

(NSPS) for Portland Cement Plants 

Docket, Docket ID No. EPA–HQ–OAR–

2007–0877, 1200 Pennsylvania Ave., 

NW., Washington, DC 20460. Please 

include a total of two copies. 

• Hand Delivery: In person or by 

courier, deliver comments to: EPA 

Docket Center (6102T), Standards of 

Performance (NSPS) for Portland 

Cement Plants Docket, Docket ID No. 

EPA–HQ–OAR–2007–0877, EPA West, 

Room 3334, 1301 Constitution Avenue, 

NW., Washington, DC 20004. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Please include a total of two copies. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2007–

0877. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through www.regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. 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. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the EPA Docket Center, Standards of 

Performance (NSPS) for Portland 

Cement Plants Docket, EPA West, Room 

3334, 1301 Constitution Ave., NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the Docket Center is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Keith Barnett, Office of Air Quality 

Planning and Standards, Sector Policies 

and Programs Division, Metals and 

Minerals Group (D243–02), 

Environmental Protection Agency, 

Research Triangle Park, NC 27711, 

telephone number: (919) 541–5605; fax 

number: (919) 541–5450; e-mail 

address: barnett.keith@epa.gov. 

List of Subjects in 40 CFR Part 60 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: August 5, 2008. 

Robert J. Meyers, 

Principal Deputy Assistant Administrator, 

Office of Air and Radiation. 

[FR Doc. E8–18627 Filed 8–12–08; 8:45 am] 

BILLING CODE 6560–50–P 


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