55274 Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Rules and Regulations 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it 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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves establishing, disestablishing, or 

changing Regulated Navigation Areas 

and security or safety zones. 

An environmental analysis checklist 

and a categorical exclusion 

determination for this rule are available 

in the docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T08–0576 to read as 

follows: 

§ 165.T08–0576 Safety Zone; Upper 

Mississippi River, Mile 212.0 to 214.5. 

(a) Location. The following area is a 

safety zone: waters of the Upper 

Mississippi River, Mile 212.0 to 214.5 

extending West of Portage Island to the 

right descending bank of the river. 

(b) Effective date. This rule is effective 

from 10 a.m. until 9 p.m. CDT on 

September 11, 2010. 

(c) Periods of Enforcement. This rule 

will be enforced from 10 a.m. CDT until 

9 p.m. CDT on September 11, 2010. The 

Captain of the Port Upper Mississippi 

River will inform the public through 

broadcast notice to mariners of all safety 

zone changes and enforcement periods. 

(d) Regulations. (1) In accordance 

with the general regulations in § 165.23 

of this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Upper Mississippi 

River or a designated representative. 

(2) Persons or vessels requiring entry 

into or passage through the zone must 

request permission from the Captain of 

the Port Upper Mississippi River or a 

designated representative. The Captain 

of the Port Upper Mississippi River 

representative may be contacted at 314– 

269–2332. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port Upper Mississippi 

River or their designated representative. 

Designated Captain of the Port 

representatives includes United States 

Coast Guard commissioned, warrant, 

and petty officers of the U.S. Coast 

Guard. 

Dated: August 19, 2010. 

S.L. Hudson, 

Captain, U.S. Coast Guard, Captain of the 

Port Upper Mississippi River. 

[FR Doc. 2010–22580 Filed 9–9–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52, 60, and 61 

[FRL–9198–2] 

Change of Address for Region 5 State 

and Local Agencies; Technical 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: EPA is correcting the 

addresses for EPA Region 5 state and 

local agencies in EPA regulations. The 

jurisdiction of EPA Region 5 includes 

the states of Illinois, Indiana, Michigan, 

Minnesota, Ohio and Wisconsin. Certain 

EPA air pollution control regulations 

requiring submittal of notifications, 

reports and other documents to the EPA 

Regional office, must also be submitted 

to the appropriate authorized state or 

local agency. This technical amendment 

updates and corrects the addresses for 

submitting such information to the EPA 

Region 5 state and local agency offices. 

DATES: Effective Date: This action is 

effective September 10, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Jeremiah Hall, Attainment Planning & 

Maintenance Section, Air Program 

Branch, Air and Radiation Division, 

Region 5, U.S. Environmental Protection 

Agency, 77 West Jackson Blvd., Chicago, 

Illinois 60604. The telephone number is 

(312) 353–3503. Jeremiah Hall can also 

be reached via electronic mail at 

hall.jeremiah@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA is 

correcting the addresses for EPA Region 

5 state and local agencies in EPA 

regulations found at 40 CFR parts 52, 60 

and 61. Certain EPA air pollution 

control regulations requiring submittal 

of notifications, reports and other 

documents to the EPA regional office, 

must also be submitted to the 

appropriate authorized state and local 

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Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Rules and Regulations 55275 

agency. This technical amendment 

updates and corrects the address for 

submitting such information to the EPA 

Region 5 state and local agency offices. 

EPA has determined that today’s rule 

falls under the ‘‘good cause’’ exemption 

in section 553(b)(3)(B) of the 

Administrative Procedures Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation and section 

553(d)(3) which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s rule simply codifies 

provisions which are already in effect as 

a matter of law in Federal and approved 

State programs. Under section 553 of the 

APA, an agency may find good cause 

where procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Immediate 

notice in the CFR benefits the public by 

updating citations. 

Statutory and Executive Order Reviews 

Under the Clean Air Act (CAA), the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the CAA and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the CAA. Accordingly, 

this 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 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. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 9, 2010. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Parts 52, 60 

and 61 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: August 26, 2010. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

■ 40 CFR parts 52, 60 and 61 are 

amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart B—Illinois 

■ 2. Section 52.738 is amended by 

revising paragraph (c) to read as follows: 

§ 52.738 Significant deterioration of air 

quality. 

* * * * * 

(c) All applications and other 

information required pursuant to § 52.21 

from sources located in the State of 

Illinois shall be submitted to the state 

agency, Illinois Environmental 

Protection Agency, 1021 North Grand 

Avenue East, Springfield, Illinois 62794. 

Subpart P—Indiana 

■ 3. Section 52.793 is amended by 

revising paragraph (c) to read as follows: 

§ 52.793 Significant deterioration of air 

quality. 

* * * * * 

(c) All applications and other 

information required pursuant to § 52.21 

of this part from sources located in the 

State of Indiana shall be submitted to 

the state agency, Indiana Department of 

Environmental Management, Office of 

Air Quality, 100 North Senate Avenue, 

Indianapolis, Indiana 46204, rather than 

to EPA’s Region 5 office. 

Subpart X—Michigan 

■ 4. Section 52.1180 is amended by 

revising paragraph (c) to -∂read as 

follows: 

§ 52.1180 Significant deterioration of air 

quality. 

* * * * * 

(c) All applications and other 

information required pursuant to § 52.21 

of this part from sources located in the 

State of Michigan shall be submitted to 

the state agency, Michigan Department 

of Natural Resources and Environment, 

Air Quality Division, P.O. Box 30028, 

Lansing, Michigan 48909, rather than to 

EPA’s Region 5 office. 

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55276 Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Rules and Regulations 

Subpart Y—Minnesota 

■ 5. Section 52.1234 is amended by 

revising paragraph (c) to read as follows: 

§ 52.1234 Significant deterioration of air 

quality. 

* * * * * 

(c) All applications and other 

information required pursuant to § 52.21 

of this part from sources located in the 

State of Minnesota shall be submitted to 

the state agency, Minnesota Pollution 

Control Agency, Division of Air Quality, 

520 Lafayette Road North, St. Paul, 

Minnesota 55155, rather than to EPA’s 

Region 5 office. 

Subpart KK—Ohio 

■ 6. Section 52.1884 is amended by 

revising paragraph (c) to read as follows: 

§ 52.1884 Significant deterioration of air 

quality. 

* * * * * 

(c) All application and other 

information required pursuant to § 52.21 

of this part from sources located or to 

be located in the state of Ohio shall be 

submitted to the state agency, Ohio 

Environmental Protection Agency, P.O. 

Box 1049, Columbus, Ohio 43216, rather 

than to EPA’s Region 5 office. 

PART 60—[AMENDED] 

■ 7. The authority citation for part 60 

continues to read as follows: 

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

Subpart A—General Provisions 

■ 8. Section 60.4 is amended by revising 

paragraphs (b)(O), (b)(P), (b)(X), (b)(Y), 

(b)(KK), and (b)(YY) to read as follows: 

§ 60.4 Address. 

* * * * * 

(b) * * * 

(O) State of Illinois: Illinois 

Environmental Protection Agency, 1021 

North Grand Avenue East, Springfield, 

Illinois 62794. 

(P) State of Indiana: Indiana 

Department of Environmental 

Management, Office of Air Quality, 100 

North Senate Avenue, Indianapolis, 

Indiana 46204. 

* * * * * 

(X) State of Michigan: Michigan 

Department of Natural Resources and 

Environment, Air Quality Division, P.O. 

Box 30028, Lansing, Michigan 48909. 

(Y) State of Minnesota: Minnesota 

Pollution Control Agency, Division of 

Air Quality, 520 Lafayette Road North, 

St. Paul, Minnesota 55155. 

* * * * * 

(KK) State of Ohio: 

(i) Medina, Summit and Portage 

Counties; Director, Akron Regional Air 

Quality Management District, 146 South 

High Street, Room 904, Akron, OH 

44308. 

(ii) Stark County; Director, Canton 

City Health Department, Air Pollution 

Control Division, 420 Market Avenue 

North, Canton, Ohio 44702–1544. 

(iii) Butler, Clermont, Hamilton, and 

Warren Counties; Director, Hamilton 

County Department of Environmental 

Services, 250 William Howard Taft 

Road, Cincinnati, Ohio 45219–2660. 

(iv) Cuyahoga County; Commissioner, 

Cleveland Department of Public Health, 

Division of Air Quality, 75 Erieview 

Plaza 2nd Floor, Cleveland, Ohio 44114. 

(v) Clark, Darke, Greene, Miami, 

Montgomery, and Preble Counties; 

Director, Regional Air Pollution Control 

Agency, 117 South Main Street, Dayton, 

Ohio 45422–1280. 

(vi) Lucas County and the City of 

Rossford (in Wood County); Director, 

City of Toledo, Division of 

Environmental Services, 348 South Erie 

Street, Toledo, OH 43604. 

(vii) Adams, Brown, Lawrence, and 

Scioto Counties; Portsmouth Local Air 

Agency, 605 Washington Street, Third 

Floor, Portsmouth, OH 45662. 

(viii) Allen, Ashland, Auglaize, 

Crawford, Defiance, Erie, Fulton, 

Hancock, Hardin, Henry, Huron, 

Marion, Mercer, Ottawa, Paulding, 

Putnam, Richland, Sandusky, Seneca, 

Van Wert Williams, Wood (Except City 

of Rossford), and Wyandot Counties; 

Ohio Environmental Protection Agency, 

Northwest District Office, Air Pollution 

Control, 347 North Dunbridge Road, 

Bowling Green, Ohio 43402. 

(ix) Ashtabula, Caroll, Colombiana, 

Holmes, Lorain, and Wayne Counties; 

Ohio Environmental Protection Agency, 

Northeast District Office, Air Pollution 

Unit, 2110 East Aurora Road, 

Twinsburg, OH 44087. 

(x) Athens, Belmont, Coshocton, 

Gallia, Guemsey, Harrison, Hocking, 

Jackson, Jefferson, Meigs, Monroe, 

Morgan, Muskingum, Noble, Perry, Pike, 

Ross, Tuscarawas, Vinton, and 

Washington Counties; Ohio 

Environmental Protection Agency, 

Southeast District Office, Air Pollution 

Unit, 2195 Front Street, Logan, OH 

43138. 

(xi) Champaign, Clinton, Highland, 

Logan, and Shelby Counties; Ohio 

Environmental Protection Agency, 

Southwest District Office, Air Pollution 

Unit, 401 East Fifth Street, Dayton, Ohio 

45402–2911. 

(xii) Delaware, Fairfield, Fayette, 

Franklin, Knox, Licking, Madison, 

Morrow, Pickaway, and Union Counties; 

Ohio Environmental Protection Agency, 

Central District Office, Air Pollution 

control, 50 West Town Street, Suite 700, 

Columbus, Ohio 43215. 

(xiii) Geauga and Lake Counties; Lake 

County General Health District, Air 

Pollution Control, 33 Mill Street, 

Painesville, OH 44077. 

(xiv) Mahoning and Trumbull 

Counties; Mahoning-Trumbull Air 

Pollution Control Agency, 345 Oak Hill 

Avenue, Suite 200, Youngstown, OH 

44502. 

* * * * * 

(YY) State of Wisconsin: Wisconsin 

Department of Natural Resouces, 101 

South Webster St., P.O. Box 7921, 

Madison, Wisconsin 53707–7921. 

* * * * * 

PART 61—[AMENDED] 

■ 9. The authority citation for part 61 

continues to read as follows: 

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

Subpart A—General Provisions 

■ 10. Section 61.04 is amended by 

revising paragraphs (b)(O), (b)(P), (b)(X), 

(b)(Y), (b)(KK), and (b)(YY) to read as 

follows: 

§ 61.04 Address. 

* * * * * 

(b) * * * 

(O) State of Illinois: Illinois 

Environmental Protection Agency, 1021 

North Grand Avenue East, Springfield, 

Illinois 62794. 

(P) State of Indiana: Indiana 

Department of Environmental 

Management, Office of Air Quality, 100 

North Senate Avenue, Indianapolis, 

Indiana 46204. 

* * * * * 

(X) State of Michigan: Michigan 

Department of Natural Resources and 

Environment Quality, Air Quality 

Division, P.O. 30028, Lansing, Michigan 

48909. 

(Y) State of Minnesota: Minnesota 

Pollution Control Agency, Division of 

Air Quality, 520 Lafayette Road North, 

St. Paul, Minnesota 55155. 

* * * * * 

(KK) State of Ohio: 

(i) Medina, Summit and Portage 

Counties; Director, Akron Regional Air 

Quality Management District, 146 South 

High Street, Room 904, Akron, OH 

44308. 

(ii) Stark County; Director, Canton 

City Health Department, Air Pollution 

Control Division, 420 Market Avenue 

North, Canton, Ohio 44702–1544. 

(iii) Butler, Clermont, Hamilton, and 

Warren Counties; Director, Hamilton 

County Department of Environmental 

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Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Rules and Regulations 55277 

Services, 250 William Howard Taft 

Road, Cincinnati, Ohio 45219–2660. 

(iv) Cuyahoga County; Commissioner, 

Cleveland Department of Public Health, 

Division of Air Quality, 75 Erieview 

Plaza 2nd Floor, Cleveland, Ohio 44114. 

(v) Clark, Darke, Greene, Miami, 

Montgomery, and Preble Counties; 

Director, Regional Air Pollution Control 

Agency, 117 South Main Street, Dayton, 

Ohio 45422–1280. 

(vi) Lucas County and the City of 

Rossford (in Wood County); Director, 

City of Toledo, Division of 

Environmental Services, 348 South Erie 

Street, Toledo, OH 43604. 

(vii) Adams, Brown, Lawrence, and 

Scioto Counties; Portsmouth Local Air 

Agency, 605 Washington Street, Third 

Floor, Portsmouth, OH 45662. 

(viii) Allen, Ashland, Auglaize, 

Crawford, Defiance, Erie, Fulton, 

Hancock, Hardin, Henry, Huron, 

Marion, Mercer, Ottawa, Paulding, 

Putnam, Richland, Sandusky, Seneca, 

Van Wert Williams, Wood (Except City 

of Rossford), and Wyandot Counties; 

Ohio Environmental Protection Agency, 

Northwest District Office, Air Pollution 

Control, 347 North Dunbridge Road, 

Bowling Green, Ohio 43402. 

(ix) Ashtabula, Caroll, Colombiana, 

Holmes, Lorain, and Wayne Counties; 

Ohio Environmental Protection Agency, 

Northeast District Office, Air Pollution 

Unit, 2110 East Aurora Road, 

Twinsburg, OH 44087. 

(x) Athens, Belmont, Coshocton, 

Gallia, Guemsey, Harrison, Hocking, 

Jackson, Jefferson, Meigs, Monroe, 

Morgan, Muskingum, Noble, Perry, Pike, 

Ross, Tuscarawas, Vinton, and 

Washington Counties; Ohio 

Environmental Protection Agency, 

Southeast District Office, Air Pollution 

Unit, 2195 Front Street, Logan, OH 

43138. 

(xi) Champaign, Clinton, Highland, 

Logan, and Shelby Counties; Ohio 

Environmental Protection Agency, 

Southwest District Office, Air Pollution 

Unit, 401 East Fifth Street, Dayton, Ohio 

45402–2911. 

(xii) Delaware, Fairfield, Fayette, 

Franklin, Knox, Licking, Madison, 

Morrow, Pickaway, and Union Counties; 

Ohio Environmental Protection Agency, 

Central District Office, Air Pollution 

control, 50 West Town Street, Suite 700, 

Columbus, Ohio 43215. 

(xiii) Geauga and Lake Counties; Lake 

County General Health District, Air 

Pollution Control, 33 Mill Street, 

Painesville, OH 44077. 

(xiv) Mahoning and Trumbull 

Counties; Mahoning-Trumbull Air 

Pollution Control Agency, 345 Oak Hill 

Avenue, Suite 200, Youngstown, OH 

44502. 

* * * * * 

(YY) State of Wisconsin: Wisconsin 

Department of Natural Resources, 101 

South Webster St., P.O. Box 7921, 

Madison, Wisconsin 53707–7921. 101 

South Webster St., P.O. Box 7921, 

Madison, Wisconsin 53707–7921. 

* * * * * 

[FR Doc. 2010–22330 Filed 9–9–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[OAR–2004–0091; FRL–9192–8] 

Outer Continental Shelf Air 

Regulations; Consistency Update for 

California 

AGENCY: Environmental Protection 

Agency (‘‘EPA’’). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing the update 

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

Air Regulations proposed in the Federal 

Register on December 21, 2009. 

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 for which 

the South Coast Air Quality 

Management District (‘‘South Coast 

AQMD’’ or ‘‘District’’) is the designated 

COA. The intended effect of approving 

the OCS requirements for the South 

Coast AQMD is to regulate emissions 

from OCS sources in accordance with 

the requirements onshore. 

DATES: Effective Date: This rule is 

effective on October 12, 2010. 

The incorporation by reference of 

certain publications listed in this rule is 

approved by the Director of the Federal 

Register as of October 12, 2010. 

ADDRESSES: EPA has established docket 

number OAR–2004–0091 for this action. 

The index to the docket is available 

electronically at http:// 

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: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to U.S. EPA. 

Organization of this document: The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background 

II. Public Comment 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On December 21, 2009 (74 FR 67845), 

EPA proposed to incorporate various 

South Coast AQMD air pollution control 

requirements into the OCS Air 

Regulations at 40 CFR part 55. We are 

incorporating these requirements in 

response to the submittal of these rules 

by the District. EPA has evaluated the 

proposed 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). 

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 

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