51610 Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Proposed Rules 

action merely approves State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: August 25, 2008. 

Russell L. Wright Jr., 

Acting Regional Administrator, Region 4. 

[FR Doc. E8–20388 Filed 9–3–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R04–OAR–2008–0605; FRL–8710–9] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

Florida 

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 (‘‘CAA’’ or ‘‘the Act’’). 

The portion of the OCS air regulations 

that is being updated pertains to the 

requirements for OCS sources for which 

the State of Florida will be the 

designated COA. The effect of approving 

the OCS requirements for the State of 

Florida 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 (CFR) and is listed in the 

appendix to the OCS air regulations. 

This proposed action is an annual 

update of the Florida’s OCS Air 

Regulations. These rules include 

revisions to existing rules that already 

apply to OCS sources. 

DATES: Comments must be received on 

or before October 6, 2008. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04–

OAR–2008–0605, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: lakeman.sean@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘(EPA–R04–OAR–2008–

0605),’’ Air Permit Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Sean 

Lakeman, Air Permit Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘(EPA–R04–OAR–2008–

0605).’’ EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

http://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 

through http://www.regulations.gov or 

e-mail, information that you consider to 

be CBI or otherwise protected. The 

http://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 http:// 

www.regulations.gov, your e-mail 

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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 


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Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Proposed Rules 51611 

1For further information see 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). 

2Each COA which has been delegated the 

authority to implement and enforce part 55, will 

use its administrative and procedural rules as it 

does with onshore sources. However, in those 

instances where EPA has not delegated authority to 

implement and enforce part 55, as in Florida, EPA 

will use its own administrative and procedural 

requirements to implement the substantive 

requirements. See 40 CFR 55.14(c)(4). 

available either electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Permit Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Air Permit Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can also be reached via 

electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. The following outline is provided 

to aid in locating information in this 

preamble. 

I. Background and Purpose 

II. EPA’s Evaluation 

III. Proposed Action 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

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) of the Act 

requires that EPA update the OCS 

requirements as necessary to maintain 

consistency with onshore requirements. 

Pursuant to 40 CFR 55.12 of the OCS 

rule, ‘‘consistency reviews will occur at 

least annually. In addition, in 

accordance with paragraphs (c) and (d) 

of this section, consistency reviews will 

occur upon receipt of an NOI (notice of 

intent) and when a State or local agency 

submits a rule to EPA to be considered 

for incorporation by reference in this 

part 55.’’ This proposed action is an 

annual update of the Florida’s OCS Air 

Regulations, which are incorporated by 

reference into 40 CFR part 55, Appendix 

A. 

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 

process is distinct from the State 

Implementation Plan (SIP) process and 

incorporation of a rule into part 55 as 

part of the OCS consistency update 

process does not ensure such a rule 

would be appropriate for inclusion into 

the SIP. EPA’s review of Florida’s rules 

for OCS consistency update purposes is 

described below. 

II. EPA’s Evaluation 

In updating 40 CFR part 55, Appendix 

A, EPA reviewed Florida’s rules for 

inclusion into part 55 to ensure that 

they are (1) rationally related to the 

attainment or maintenance of federal or 

state ambient air quality standards and 

part C of title I of the Act; (2) not 

designed expressly to prevent 

exploration and development of the 

OCS; and (3) 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. 

EPA is soliciting public comments on 

the proposal to update 40 CFR part 55, 

Appendix A to include recent changes 

to Florida’s onshore rules that affect 

OCS sources. Any comments will be 

considered before taking final action. 

Interested parties may participate in the 

Federal rulemaking procedure by 

submitting comments to the EPA Region 

4 Office listed in the ADDRESSES section 

of this Federal Register. 

III. Proposed Action 

EPA is proposing an annual update of 

the Florida’s OCS Air Regulations. 

These rules include revisions to existing 

rules that already apply to OCS sources. 

The rules that EPA is proposing to 

incorporate are applicable provisions of 

Chapter 62 of the Florida 

Administrative Code, listed in detail at 

the end of this document. 

IV. Statutory and Executive Order 

Reviews 

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 CAA, 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 CAA, 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., 


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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). The approval expires 

January 31, 2009. As EPA previously 

indicated (70 FR 65897 (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. 

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 CAA, 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 CAA, this 

action simply updates the existing OCS 

requirements to make them consistent 

with rules in the COA. Therefore, 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 a 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 

or 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 cost-effective 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, 

and informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

This document contains 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. This action would 

implement requirements specifically 

and explicitly set forth by the Congress 

in section 328 of the CAA without the 

exercise of any policy discretion by 

EPA. The OCS rules already apply in 

the COA, and EPA has no evidence to 

suggest that applying them in the OCS 

would result in expenditures to state, 

local, and tribal governments, in the 

aggregate, or to the private sector, of 

$100 million or more in any one year. 

As required by section 328 of the CAA, 

this action simply updates the existing 

OCS requirements to make them 

consistent with rules in the COA. 

E. Executive Order 13132, Federalism 

Executive Order 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 CAA, without the 

exercise of any policy discretion by 

EPA. As required by section 328 of the 

CAA, 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 


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Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Proposed Rules 51613 

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 CAA, without the 

exercise of any policy discretion by 

EPA. As required by section 328 of the 

CAA, 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 on 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 104–

113, section 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 CAA, without the 

exercise of any policy discretion by 

EPA. As required by section 328 of the 

CAA, 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 

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 

(February 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 CAA, without the exercise of any 

policy discretion by EPA. As required 

by section 328 of the CAA, 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, Continental Shelf, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: August 25, 2008. 

Russell L. Wright Jr., 

Acting Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, title 40 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 Act (42 

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

Law 101–549. 

2. Section 55.14 is amended as 

follows: 

a. In paragraph (e) introductory text 

by removing the words ‘‘345 Courtland 

Street, NE., Atlanta, GA 30365’’ and 


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adding in their place ‘‘61 Forsyth Street, 

Atlanta, Georgia 30303’’. 

b. By revising paragraph (e)(6)(i)(A). 

§ 55.14 Requirements that apply to OCS 

sources located within 25 miles of States’

seaward boundaries, by State. 

* * * * * 

(e) * * * 

(6) * * * 

(i) * * * 

(A) State of Florida Requirements 

Applicable to OCS Sources, January 2, 

2008. 

* * * * * 

3. Appendix A to part 55 is amended 

by adding a new paragraph (a) and 

revising paragraph (1) under the 

heading ‘‘Florida’’ to read as follows: 

Appendix A to Part 55—Listing of State 

and Local Requirements Incorporated 

by Reference Into Part 55, by State 

* * * * * 

Florida 

(a) State requirements. 

(1) The following requirements are 

contained in State of Florida Requirements 

Applicable to OCS Sources, January 2, 2008: 

Florida Administrative Code—Department 

of Environmental Protection. The following 

sections of Chapter 62: 

Chapter 62–4 Permits 

62–4.001 Scope of Part I (Effective 10/1/07) 

62–4.020 Definitions (Effective 4/3/03) 

62–4.021 Transferability of Definitions 

(Effective 8/31/88) 

62–4.030 General Prohibition (Effective 8/ 

31/88) 

62–4.040 Exemptions (Effective 8/31/88) 

62–4.050 Procedure to Obtain Permits and 

Other Authorizations; Applications 

(Effective 10/31/07) 

62–4.055 Permit Processing (Effective 8/16/ 

98) 

62–4.060 Consultation (Effective 8/31/88) 

62–4.070 Standards of Issuing or Denying 

Permits; Issuance; Denial (Effective 3/28/ 

91) 

62–4.080 Modification of Permit Conditions 

(Effective 3/19/90) 

62–4.090 Renewals (Effective 3/16/08) 

62–4.100 Suspension and Revocation 

(Effective 8/31/88) 

62–4.110 Financial Responsibility (Effective 

8/31/88) 

62–4.120 Transfer of Permits (Effective 4/ 

16/01) 

62–4.130 Plant Operation—Problems 

(Effective 8/31/88) 

62–4.150 Review (Effective 8/31/88) 

62–4.160 Permit Conditions (Effective 7/11/ 

93) 

62–4.200 Scope of Part II (Effective 10/1/07) 

62–4.210 Construction Permits (Effective 8/ 

31/88) 

62–4.220 Operation Permit for New Sources 

(Effective 8/31/88) 

62–4.249 Preservation of Rights (Effective 

8/31/88) 

62–4.510 Scope of Part III (Effective 10/1/ 

07) 

62–4.520 Definition (Effective 7/11/90) 

62–4.530 Procedures (Effective 3/19/90) 

62–4.540 General Conditions for All 

General Permits (Effective 8/31/08) 

Chapter 62–204 Air Pollution Control—

General Provisions 

62–204.100 Purpose and Scope (Effective 3/ 

13/96) 

62–204.200 Definitions (Effective 2/12/06) 

62–204.220 Ambient Air Quality Protection 

(Effective 3/13/96) 

62–204.240 Ambient Air Quality Standards 

(Effective 3/13/96) 

62–204.260 Prevention of Significant 

Deterioration Maximum Allowable 

Increases (PSD Increments) (Effective 2/ 

12/06) 

62–204.320 Procedures for Designation and 

Redesignation of Areas (Effective 3/13/ 

96) 

62–204.340 Designation of Attainment, 

Nonattainment, and Maintenance Areas 

(Effective 3/13/96) 

62–204.360 Designation of Prevention of 

Significant Deterioration Areas (Effective 

3/13/96) 

62–204.400 Public Notice and Hearing 

Requirements for State Implementation 

Plan Revisions (Effective 11/30/94) 

62–204.500 Conformity (Effective 9/1/98) 

62–204.800 Federal Regulations Effective 

by Reference (Effective 7/1/08) 

Chapter 62–210 Stationary Sources—

General Requirements 

62–210.100 Purpose and Scope (Effective 1/ 

10/07) 

62–210.200 Definitions (Effective 3/16/08) 

62–210.220 Small Business Assistance 

Program (Effective 2/11/99) 

62–210.300 Permits Required (Effective 3/ 

16/08) 

62–210.310 Air General Permits (Effective 

5/9/07) 

62–210.350 Public Notice and Comment 

(Effective 2/2/06) 

62–210.360 Administrative Permit 

Corrections (Effective 3/16/08) 

62–210.370 Emissions Computation and 

Reporting (Effective 7/3/08) 

62–210.550 Stack Height Policy (Effective 

11/23/94) 

62–210.650 Circumvention (Effective 8/26/ 

1981) 

62–210.700 Excess Emissions (Effective 11/ 

23/94) 

62–210.900 Forms and Instructions 

(Effective 7/3/08) 

62–210.920 Registration Forms for Air 

General Permits (Effective 5/9/07) 

Chapter 62–212 Stationary Sources—

Preconstruction Review 

62–212.100 Purpose and Scope (Effective 5/ 

20/97) 

62–212.300 General Preconstruction 

Review Requirements (Effective 2/2/06) 

62–212.400 Prevention of Significant 

Deterioration (PSD) (Effective 7/16/07) 

62–212.500 Preconstruction Review for 

Nonattainment Areas (Effective 2/2/06) 

62–212.600 Sulfur Storage and Handling 

Facilities (Effective 8/17/00) 

62–212.710 Air Emissions Bubble (Effective 

5/20/97) 

62–212.720 Actuals Plantwide 

Applicability Limits (PALs) (Effective 7/ 

16/07) 

Chapter 62–213 Operation Permits for 

Major Sources of Air Pollution 

62–213.100 Purpose and Scope (Effective 3/ 

13/96) 

62–213.202 Responsible Official (Effective 

6/02/02) 

62–213.205 Annual Emissions Fee 

(Effective 3/16/08) 

62–213.300 Title V Air General Permits 

(Effective 4/14/03) 

62–213.400 Permits and Permit Revisions 

Required (Effective 3/16/08) 

62–213.405 Concurrent Processing of 

Permit Applications (Effective 6/02/02) 

62–213.410 Changes Without Permit 

Revision (Effective 6/02/02) 

62–213.412 Immediate Implementation 

Pending Revision Process (Effective 6/ 

02/02) 

62–213.413 Fast-Track Revisions of Acid 

Rain Parts (Effective 6/02/02) 

62–213.415 Trading of Emissions Within a 

Source (Effective 4/16/01) 

62–213.420 Permit Applications (Effective 

3/16/08) 

62–213.430 Permit Issuance, Renewal, and 

Revision (Effective 3/16/08) 

62–213.440 Permit Content (Effective 3/16/ 

08) 

62–213.450 Permit Review by EPA and 

Affected States (Effective 1/03/01) 

62–213.460 Permit Shield (Effective 3/16/ 

08) 

62–213.900 Forms and Instructions 

(Effective 4/14/03) 

Chapter 62–214 Requirements for Sources 

Subject to the Federal Acid Rain Program 

62–214.100 Purpose and Scope (Effective 3/ 

16/08) 

62–214.300 Applicability (Effective 3/16/ 

08) 

62–214.320 Applications (Effective 3/16/08) 

62–214.330 Acid Rain Compliance Plan and 

Compliance Options (Effective 3/16/08) 

62–214.340 Exemptions (Effective 3/16/08) 

62–214.350 Certification (Effective 12/10/ 

97) 

62–214.360 Department Action on 

Applications (Effective 3/16/08) 

62–214.370 Revisions and Administrative 

Corrections (Effective 4/16/01) 

62–214.420 Acid Rain Part Content 

(Effective 3/16/08) 

62–214.430 Implementation and 

Termination of Compliance Options 

(Effective 3/16/08) 

Chapter 62–252 Gasoline Vapor Control 

62–252.100 Purpose and Scope (Effective 2/ 

2/93) 

62–252.200 Definitions (Effective 5/9/07) 

62–252.300 Gasoline Dispensing 

Facilities—Stage I Vapor Recovery 

(Effective 5/9/07) 

62–252.400 Gasoline Dispensing 

Facilities—Stage II Vapor Recovery 

(Effective 5/9/07) 

62–252.500 Gasoline Tanker Trucks or 

Trailers (Effective 5/9/07) 

62–252.900 Form (Effective 5/9/07) 


ebenthall on PRODPC60 with PROPOSALS
Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Proposed Rules 51615 

Chapter 62–256 Open Burning and Frost 

Protection Fires 

62–256.200 Definitions (Effective 7/6/05) 

62–256.300 Prohibitions (Effective 7/6/05) 

62–256.700 Open Burning Allowed 

(Effective 7/6/05) 

Chapter 62–296 Stationary Sources—

Emission Standards 

62–296.100 Purpose and Scope (Effective 3/ 

13/96) 

62–296.320 General Pollutant Emission 

Limiting Standards (Effective 3/13/96) 

62–296.340 Best Available Retrofit 

Technology (Effective 1/31/07) 

62–296.341 Regional Haze—Reasonable 

Progress Control Technology (Effective 

2/7/08) 

62–296.401 Incinerators (Effective 1/10/07) 

62–296.402 Sulfuric Acid Plants (Effective 

3/13/96) 

62–296.403 Phosphate Processing (Effective 

3/13/96) 

62–296.404 Kraft (Sulfate) Pulp Mills and 

Tall Oil Plants (Effective 3/13/96) 

62–296.405 Fossil Fuel Steam Generators 

With More Than 250 Million Btu Per 

Hour Heat Input (Effective 3/2/99) 

62–296.406 Fossil Fuel Steam Generators 

With Less Than 250 Million Btu Per 

Hour Heat Input, New and Existing 

Emissions Units (Effective 3/2/99) 

62–296.407 Portland Cement Plants 

(Effective 1/1/96) 

62–296.408 Nitric Acid Plants (Effective 1/ 

1/96) 

62–296.409 Sulfur Recovery Plants 

(Effective 1/1/96) 

62–296.410 Carbonaceous Fuel Burning 

Equipment (Effective 1/1/96) 

62–296.411 Sulfur Storage and Handling 

Facilities (Effective 1/1/96) 

62–296.412 Dry Cleaning Facilities 

(Effective 10/7/96) 

62–296.413 Synthetic Organic Fiber 

Production (Effective 2/12/06) 

62–296.414 Concrete Batching Plants 

(Effective 1/10/07) 

62–296.415 Soil Thermal Treatment 

Facilities (Effective 3/13/96) 

62–296.416 Waste-to-Energy Facilities 

(Effective 10/20/96) 

62–296.417 Volume Reduction, Mercury 

Recovery and Mercury Reclamation 

(Effective 3/2/99) 

62–296.418 Bulk Gasoline Plants (Effective 

5/9/07) 

62–296.470 Implementation of Federal 

Clean Air Interstate Rule (Effective 4/1/ 

07) 

62–296.480 Implementation of Federal 

Clean Air Mercury Rule (Effective 9/6/ 

06) 

62–296.500 Reasonably Available Control 

Technology (RACT)—Volatile Organic 

Compounds (VOC) and Nitrogen Oxides 

(NOX) Emitting Facilities (Effective 1/1/ 

96) 

62–296.501 Can Coating (Effective 1/1/96) 

62–296.502 Coil Coating (Effective 1/1/96) 

62–296.503 Paper Coating (Effective 1/1/96) 

62–296.504 Fabric and Vinyl Coating 

(Effective 1/1/96) 

62–296.505 Metal Furniture Coating 

(Effective 1/1/96) 

62–296.506 Surface Coating of Large 

Appliances (Effective 1/1/96) 

62–296.507 Magnet Wire Coating (Effective 

1/1/96) 

62–296.508 Petroleum Liquid Storage 

(Effective 1/1/96) 

62–296.510 Bulk Gasoline Terminals 

(Effective 1/1/96) 

62–296.511 Solvent Metal Cleaning 

(Effective 10/7/96) 

62–296.512 Cutback Asphalt (Effective 1/1/ 

96) 

62–296.513 Surface Coating of 

Miscellaneous Metal Parts and Products 

(Effective 1/1/96) 

62–296.514 Surface Coating of Flat Wood 

Paneling (Effective 1/1/96) 

62–296.515 Graphic Arts Systems (Effective 

1/1/96) 

62–296.516 Petroleum Liquid Storage 

Tanks with External Floating Roofs 

(Effective 1/1/96) 

62–296.570 Reasonably Available Control 

Technology (RACT)—Requirements for 

Major VOC and NOX-Emitting Facilities 

(Effective 3/2/99) 

62–296.600 Reasonably Available Control 

Technology (RACT)—Lead (Effective 3/ 

13/96) 

62–296.601 Lead Processing Operations in 

General (Effective 1/1/96) 

62–296.602 Primary Lead-Acid Battery 

Manufacturing Operations (Effective 3/ 

13/96) 

62–296.603 Secondary Lead Smelting 

Operations (Effective 1/1/96) 

62–296.604 Electric Arc Furnace Equipped 

Secondary Steel Manufacturing 

Operations (Effective 1/1/96) 

62–296.605 Lead Oxide Handling 

Operations (Effective 8/8/1994) 

62–296.700 Reasonably Available Control 

Technology (RACT) Particulate Matter 

(Effective 1/1/96) 

62–296.701 Portland Cement Plants 

(Effective 1/1/96) 

62–296.702 Fossil Fuel Steam Generators 

(Effective 1/1/96) 

62–296.703 Carbonaceous Fuel Burners 

(Effective 1/1/96) 

62–296.704 Asphalt Concrete Plants 

(Effective 1/1/96) 

62–296.705 Phosphate Processing 

Operations (Effective 1/1/96) 

62–296.706 Glass Manufacturing Process 

(Effective 1/1/96) 

62–296.707 Electric Arc Furnaces (Effective 

1/1/96) 

62–296.708 Sweat or Pot Furnaces 

(Effective 1/1/96) 

62–296.709 Lime Kilns (Effective 1/1/96) 

62–296.710 Smelt Dissolving Tanks 

(Effective 1/1/96) 

62–296.711 Materials Handling, Sizing, 

Screening, Crushing and Grinding 

Operations (Effective 1/1/96) 

62–296.712 Miscellaneous Manufacturing 

Process Operations (Effective 1/1/96) 

Chapter 62–297 Stationary Source—

Emissions Monitoring 

62–297.100 Purpose and Scope (Effective 3/ 

13/96) 

62–297.310 General Compliance Test 

Requirements (Effective 3/2/99) 

62–297.320 Standards for Persons Engaged 

in Visible Emissions Observations 

(Effective 2/12/04) 

62–297.401 Compliance Test Methods 

(Effective 3/2/99) 

62–297.440 Supplementary Test Procedures 

(Effective 10/22/02) 

62–297.450 EPA VOC Capture Efficiency 

Test Procedures (Effective 3/2/99) 

62–297.520 EPA Continuous Monitor 

Performance Specifications (Effective 3/ 

2/99) 

62–297.620 Exceptions and Approval of 

Alternate Procedures and Requirements 

(Effective 11/23/94) 

* * * * * 

[FR Doc. E8–20385 Filed 9–3–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 223 and 224 

[Docket No. 0808201128–81129–01] 

RIN 0648–XJ97 

Endangered and Threatened Wildlife; 

Notice of 90–Day Finding on a Petition 

to List the Three Ice Seal Species as 

a Threatened or Endangered Species 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of 90–day petition 

finding; request for information. 

SUMMARY: We (NMFS) announce a 90–

day finding on a petition to list three ice 

seal species, [ringed (Phoca hispida), 

bearded (Erignathus barbatus), and 

spotted (Phoca largha)] as threatened or 

endangered under the Endangered 

Species Act (ESA). Although the 

petition identifies ringed seals as Pusa 

hispida, at this time we believe that the 

ringed seal is more properly identified 

as Phoca hispida. We find that the 

petition presents substantial scientific 

or commercial information indicating 

that the petitioned action of listing the 

ice seals may be warranted. Therefore, 

we have initiated status reviews of the 

ice seals to determine if listing under 

the ESA is warranted. To ensure these 

status reviews are comprehensive, we 

are soliciting scientific and commercial 

information regarding all of these ice 

seal species. 

DATES: Information and comments must 

be submitted to NMFS by November 3, 

2008. 

ADDRESSES: You may submit comments, 

information, or data, identified by the 

Regulation Identifier Number (RIN), 

0648–XJ97, by any of the following 

methods: 


ebenthall on PRODPC60 with PROPOSALS