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34129
Federal Register
/Vol. 65, No. 103/Friday, May 26, 2000/Proposed Rules
have taking implications underExecutive Order 12630, GovernmentalActions and Interference withConstitutionally Protected PropertyRights.
Civil Justice Reform
This proposed rule meets applicablestandards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil JusticeReform, to minimize litigation,eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed ruleunder Executive Order 13045,Protection of Children fromEnvironmental Health Risks and SafetyRisks. This proposed rule is not aneconomically significant rule and doesnot concern an environmental risk tohealth or risk to safety that maydisproportionately affect children.
Environment
We considered the environmentalimpact of this proposed rule andconcluded that under figure 2–1,paragraph (34)(g), of CommandantInstruction M16475.lC, this proposedrule is categorically excluded fromfurther environmental documentation.A ‘‘Categorical ExclusionDetermination’’ will be available in thedocket where indicated under
ADDRESSES
.
List of Subjects
Harbors, Marine safety, Navigation(water), Reporting and recordkeepingrequirements, Security measures,Waterways.For the reasons discussed in thepreamble, the Coast Guard proposes toamend 33 CFR part 165 as follows:
PART 165—[AMENDED]
1. The authority citation for Part 165continues to read as follows:
Authority:
33 U.S.C. 1231; 50 U.S.C. 191;33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;49 CFR 1.46. Section 165.100 is also issuedunder authority of Sec. 311, Pub. L. 105–383.
2. Add temporary section 165.T05–015 to read as follows:
§165.T05–015Safety Zone; AtlanticOcean, Virginia Beach, VA.
(a)
Location.
The following area is asafety zone: All waters of the AtlanticOcean within a 2500-foot radius of afireworks laden barge in approximateposition 36
°
50.75
′
N, 076
°
58.40
′
W.(b)
Captain of the Port.
Captain of thePort means the Commanding Officer of the Marine Safety Office HamptonRoads, Norfolk, VA or any Coast Guardcommissioned, warrant, or petty officerwho has been authorized to act on his behalf.(c)
Regulations.
(1) All persons arerequired to comply with the generalregulations governing safety zonesfound in section 165.23 of this part.(2) Persons or vessels requiring entryinto or passage through a safety zonemust first request authorization from theCaptain of the Port. The Coast Guardrepresentative enforcing the safety zonecan be contacted on VHF marine bandradio, channels 13 and 16. The Captainof the Port can be contacted at telephonenumber (757) 484–8192.(3) The Captain of the Port will notifythe public of changes in the status of this safety zone by marine information broadcast on VHF marine band radio,channel 22 (157.1 MHz).(d)
Effective Date.
This section will beenforced from 9 p.m. until 11 p.m. onthe following dates:(1) July 9, 2000—rain date July 15,2000.(2) July 16, 2000—rain date July 22,2000.(3) July 23, 2000—rain date July 29,2000.(4) July 30, 2000—rain date August 5,2000.(5) August 6, 2000—rain date August12, 2000.(6) August 13, 2000—rain date August19, 2000.(7) August 20, 2000—rain date August26, 2000.(8) August 27, 2000.(9) September 2, 2000—rain dateSeptember 3, 2000.(10) September 9, 2000.
Dated: May 22, 2000.
J.E. Schrinner,
Captain, U.S. Coast Guard, Captain of thePort, Hampton Roads.
[FR Doc. 00–13442 Filed 5–24–00; 3:14 pm]
BILLING CODE 4910–15–U
ENVIRONMENTAL PROTECTIONAGENCY40 CFR Part 55
[FRL–6706–7]
Outer Continental Shelf AirRegulations; Consistency Update forCalifornia
AGENCY
:
Environmental ProtectionAgency (EPA).
ACTION
:
Proposed rule—consistencyupdate.
SUMMARY
:
EPA is proposing to update aportion of the Outer Continental Shelf (‘‘OCS’’) Air Regulations. Requirementsapplying to OCS sources located within25 miles of states’ seaward boundariesmust be updated periodically to remainconsistent with the requirements of thecorresponding onshore area (‘‘COA’’), asmandated by section 328(a)(1) of theClean Air Act, as amended in 1990 (‘‘theAct’’). The portion of the OCS airregulations that is being updatedpertains to the requirements for OCSsources for which the Santa BarbaraCounty Air Pollution Control District(Santa Barbara County APCD) andVentura County Air Pollution ControlDistrict (Ventura County APCD) are thedesignated COAs. The intended effect of approving the OCS requirements for theabove Districts, contained in theTechnical Support Document, is toregulate emissions from OCS sources inaccordance with the requirementsonshore. The changes to the existingrequirements discussed below areproposed to be incorporated byreference into the Code of FederalRegulations and are listed in theappendix to the OCS air regulations.
DATES
:
Comments on the proposedupdate must be received on or before June 26, 2000.
ADDRESSES
:
Comments must be mailed(in duplicate if possible) to: EPA AirDocket (Air–4), Attn: Docket No. A–93–16 Section XXI, EnvironmentalProtection Agency, Air Division, Region9, 75 Hawthorne St., San Francisco, CA94105.Docket: Supporting information usedin developing the rule and copies of thedocuments EPA is proposing toincorporate by reference are containedin Docket No. A–93–16 Section XXI.This docket is available for publicinspection and copying Monday–Fridayduring regular business hours at thefollowing locations:EPA Air Docket (Air–4), Attn: DocketNo. A–93–16 Section XXI,Environmental Protection Agency, AirDivision, Region 9, 75 Hawthorne St.,San Francisco, CA 94105.EPA Air Docket (LE–131), Attn: AirDocket No. A–93–16 Section XXI,Environmental Protection Agency,401 M Street SW, Room M–1500,Washington, DC 20460.A reasonable fee may be charged forcopying.
FOR FURTHER INFORMATION CONTACT
:
Christine Vineyard, Air Division (Air–4), U.S. EPA Region 9, 75 HawthorneStreet, San Francisco, CA 94105, (415)744–1197.
SUPPLEMENTARY INFORMATION
:
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34130
Federal Register
/Vol. 65, No. 103/Friday, May 26, 2000/Proposed Rules
1
The reader may refer to the Notice of ProposedRulemaking, December 5, 1991 (56 FR 63774), andthe preamble to the final rule promulgatedSeptember 4, 1992 (57 FR 40792) for further background and information on the OCSregulations.
2
Each COA which has been delegated theauthority to implement and enforce part 55, willuse its administrative and procedural rules asonshore. However, in those instances where EPAhas not delegated authority to implement andenforce part 55, EPA will use its own administrativeand procedural requirements to implement thesubstantive requirements. 40 CFR 55.14 (c)(4).
I. Background
On September 4, 1992, EPApromulgated 40 CFR part 55,
1
whichestablished requirements to control airpollution from OCS sources in order toattain and maintain federal and stateambient air quality standards and tocomply with the provisions of part C of title I of the Act. Part 55 applies to allOCS sources offshore of the Statesexcept those located in the Gulf of Mexico west of 87.5 degrees longitude.Section 328 of the Act requires that forsuch sources located within 25 miles of a state’s seaward boundary, therequirements shall be the same as would be applicable if the sources were locatedin the COA. Because the OCSrequirements are based on onshorerequirements, and onshore requirementsmay change, section 328(a)(1) requiresthat EPA update the OCS requirementsas necessary to maintain consistencywith onshore requirements.Pursuant to §55.12 of the OCS rule,consistency reviews will occur (1) atleast annually; (2) upon receipt of aNotice of Intent under §55.4; or (3)when a state or local agency submits arule to EPA to be considered forincorporation by reference in part 55.This proposed action is being taken inresponse to the submittal of rules by twolocal air pollution control agencies.Public comments received in writingwithin 30 days of publication of thisdocument will be considered by EPA before publishing a final rule.Section 328(a) of the Act requires thatEPA establish requirements to controlair pollution from OCS sources locatedwithin 25 miles of states’ seaward boundaries that are the same as onshorerequirements. To comply with thisstatutory mandate, EPA mustincorporate applicable onshore rulesinto part 55 as they exist onshore. Thislimits EPA’s flexibility in decidingwhich requirements will beincorporated into part 55 and preventsEPA from making substantive changesto the requirements it incorporates. Asa result, EPA may be incorporating rulesinto part 55 that do not conform to allof EPA’s state implementation plan(SIP) guidance or certain requirementsof the Act. Consistency updates mayresult in the inclusion of state or localrules or regulations into part 55, eventhough the same rules may ultimately bedisapproved for inclusion as part of theSIP. Inclusion in the OCS rule does notimply that a rule meets the requirementsof the Act for SIP approval, nor does itimply that the rule will be approved byEPA for inclusion in the SIP.
II. EPA Evaluation and ProposedAction
In updating 40 CFR part 55, EPAreviewed the rules submitted forinclusion in part 55 to ensure that theyare rationally related to the attainmentor maintenance of federal or stateambient air quality standards or part Cof title I of the Act, that they are notdesigned expressly to preventexploration and development of theOCS and that they are applicable to OCSsources. 40 CFR 55.1. EPA has alsoevaluated the rules to ensure they arenot arbitrary or capricious. 40 CFR 55.12(e). In addition, EPA has excludedadministrative or procedural rules,
2
andrequirements that regulate toxics whichare not related to the attainment andmaintenance of federal and stateambient air quality standards.A. After review of the rules submitted by Santa Barbara County APCD againstthe criteria set forth above and in 40CFR part 55, EPA is proposing to makethe following rule revision applicable toOCS sources for which the SantaBarbara County APCD is designated asthe COA: Rule 330Surface Coating of Metal Parts and Products (Adopted 1/20/00)B. After review of the rules submitted by Ventura County APCD against thecriteria set forth above and in 40 CFRpart 55, EPA proposing to make thefollowing new rule applicable to OCSsources for which the Ventura CountyAPCD is designated as the COA: Rule230Notice to Comply (Adopted 11/09/99)
III. Administrative Requirements
Under Executive Order 12866 (58 FR51735, October 4, 1993), this proposedaction is not a ‘‘significant regulatoryaction’’ and therefore is not subject toreview by the Office of Management andBudget. This proposed action merelyapproves state law as meeting federalrequirements and imposes no additionalrequirements beyond those imposed bystate law. Accordingly, theAdministrator certifies that thisproposed rule will not have a significanteconomic impact on a substantialnumber of small entities under theRegulatory Flexibility Act (5 U.S.C. 601
et seq.
). Because this rule proposes toapprove pre-existing requirementsunder state law and does not imposeany additional enforceable duty beyondthat required by state law, it does notcontain any unfunded mandate orsignificantly or uniquely affect smallgovernments, as described in theUnfunded Mandates Reform Act of 1995(Public Law 104–4). For the samereason, this proposed rule also does notsignificantly or uniquely affect thecommunities of tribal governments, asspecified by Executive Order 13084 (63FR 27655, May 10, 1998). This proposedrule will not have substantial directeffects on the States, on the relationship between the national government andthe States, or on the distribution of power and responsibilities among thevarious levels of government, asspecified in Executive Order 13132 (64FR 43255, August 10, 1999), because itmerely approves a state ruleimplementing a federal standard, anddoes not alter the relationship or thedistribution of power andresponsibilities established in the CleanAir Act. This proposed rule also is notsubject to Executive Order 13045 (62 FR19885, April 23, 1997), because it is noteconomically significant.In reviewing SIP submissions, EPA’srole is to approve state choices,provided that they meet the criteria of the Clean Air Act. In this context, in theabsence of a prior existing requirementfor the State to use voluntary consensusstandards (VCS), EPA has no authorityto disapprove a SIP submission forfailure to use VCS. It would thus beinconsistent with applicable law forEPA, when it reviews a SIP submission,to use VCS in place of a SIP submissionthat otherwise satisfies the provisions of the Clean Air Act. Thus, therequirements of section 12(d) of theNational Technology Transfer andAdvancement Act of 1995 (15 U.S.C.272 note) do not apply. As required bysection 3 of Executive Order 12988 (61FR 4729, February 7, 1996), in issuingthis proposed rule, EPA has taken thenecessary steps to eliminate draftingerrors and ambiguity, minimizepotential litigation, and provide a clearlegal standard for affected conduct. EPAhas complied with Executive Order12630 (53 FR 8859, March 15, 1988) byexamining the takings implications of the rule in accordance with the‘‘Attorney General’s SupplementalGuidelines for the Evaluation of Riskand Avoidance of UnanticipatedTakings’ issued under the executiveorder. This proposed rule does notimpose an information collection
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34131
Federal Register
/Vol. 65, No. 103/Friday, May 26, 2000/Proposed Rules
 burden under the provisions of thePaperwork Reduction Act of 1995 (44U.S.C. 3501
et seq.
).
List of Subjects in 40 CFR Part 55
Environmental protection,Administrative practice and procedures,Air pollution control, Hydrocarbons,Incorporation by reference,Intergovernmental relations, Nitrogendioxide, Nitrogen oxides, Outercontinental shelf, Ozone, Particulatematter, Permits, Reporting andrecordkeeping requirements, Sulfuroxides.
Dated: May 11, 2000.
Laura Yoshii,
Acting Regional Administrator, Region IX.
Title 40 of the Code of FederalRegulations, part 55, is proposed to beamended as follows:
PART 55—[AMENDED]
1. The authority citation for part 55continues to read as follows:
Authority:
Section 328 of the Clean Air Act(42 U.S.C. 7401
et seq.
) as amended by PublicLaw 101–549.
2. Section 55.14 is proposed to beamended by revising paragraphs(e)(3)(ii)(F) and (e)(3)(ii)(H) to read asfollows:
§55.14Requirements that apply to OCSsources located within 25 miles of States’seaward boundaries, by State.
* * * * *(e) ***(3) ***(ii) ***(F)
Santa Barbara County Air Pollution Control District RequirementsApplicable to OCS Sources.
* * * * *(H)
Ventura County Air PollutionControl District RequirementsApplicable to OCS Sources.
* * * * *3. Appendix A to part 55 is proposedto be amended by revising paragraph(b)(6) and (b)(8) under the heading‘‘California’’ to read as follows:
Appendix A to Part 55 —Listing of Stateand Local Requirements Incorporated by Reference Into Part 55, by State
* * * * *
California
* * * * *
(b) Local requirements.
* * * * *
(6) The following requirements arecontained in
Santa Barbara County Air Pollution Control District RequirementsApplicable to OCS Sources:
Rule 102Definitions (Adopted 5/20/99)Rule 103Severability (Adopted 10/23/78)Rule 106Notice to Comply for MinorViolations (Adopted 7/15/99)Rule 201Permits Required (Adopted 4/17/97)Rule 202Exemptions to Rule 201 (Adopted4/17/97)Rule 203Transfer (Adopted 4/17/97)Rule 204Applications (Adopted 4/17/97)Rule 205Standards for GrantingApplications (Adopted 4/17/97)Rule 206Conditional Approval of Authority to Construct or Permit toOperate (Adopted 10/15/91)Rule 207Denial of Application (Adopted10/23/78)Rule 210Fees (Adopted 4/17/97)Rule 212Emission Statements (Adopted 10/20/92)Rule 301Circumvention (Adopted 10/23/78)Rule 302Visible Emissions (Adopted 10/23/78)Rule 304Particulate Matter-Northern Zone(Adopted 10/23/78)Rule 305Particulate Matter Concentration-Southern Zone (Adopted 10/23/78)Rule 306Dust and Fumes-Northern Zone(Adopted 10/23/78)Rule 307Particulate Matter EmissionWeight Rate-Southern Zone (Adopted10/23/78)Rule 308Incinerator Burning (Adopted 10/23/78)Rule 309Specific Contaminants (Adopted10/23/78)Rule 310Odorous Organic Sulfides(Adopted 10/23/78)Rule 311Sulfur Content of Fuels (Adopted10/23/78)Rule 312Open Fires (Adopted 10/2/90)Rule 316Storage and Transfer of Gasoline(Adopted 4/17/97)Rule 317Organic Solvents (Adopted 10/23/78)Rule 318Vacuum Producing Devices orSystems-Southern Zone (Adopted 10/23/78)Rule 321Solvent Cleaning Operations(Adopted 9/18/97)Rule 322Metal Surface Coating Thinnerand Reducer (Adopted 10/23/78)Rule 323Architectural Coatings (Adopted7/18/96)Rule 324Disposal and Evaporation of Solvents (Adopted 10/23/78)Rule 325Crude Oil Production andSeparation (Adopted 1/25/94)Rule 326Storage of Reactive Organic LiquidCompounds (Adopted 12/14/93)Rule 327Organic Liquid Cargo Tank VesselLoading (Adopted 12/16/85)Rule 328Continuous Emission Monitoring(Adopted 10/23/78)Rule 330Surface Coating of MiscellaneousMetal Parts and Products (Adopted 1/20/00)Rule 331Fugitive Emissions Inspection andMaintenance (Adopted 12/10/91)Rule 332Petroleum Refinery VacuumProducing Systems, WastewaterSeparators and Process Turnarounds(Adopted 6/11/79)Rule 333Control of Emissions fromReciprocating Internal CombustionEngines (Adopted 4/17/97)Rule 342Control of Oxides of Nitrogen(NOx) from Boilers, Steam Generatorsand Process Heaters) (Adopted 4/17/97)Rule 343Petroleum Storage Tank Degassing(Adopted 12/14/93)Rule 344Petroleum Sumps, Pits, and WellCellars (Adopted 11/10/94)Rule 352Natural Gas-Fired Fan-TypeCentral Furnaces and Residential WaterHeaters (Adopted 9/16/99)Rule 353Adhesives and Sealants (Adopted8/19/99)Rule 359Flares and Thermal Oxidizers (6/28/94)Rule 370Potential to Emit—Limitations forPart 70 Sources (Adopted 6/15/95)Rule 505Breakdown Conditions SectionsA.,B.1,. and D. only (Adopted 10/23/78)Rule 603Emergency Episode Plans(Adopted 6/15/81)Rule 702General Conformity (Adopted 10/20/94)Rule 801New Source Review (Adopted 4/17/97)Rule 802Nonattainment Review (Adopted4/17/97)Rule 803Prevention of SignificantDeterioration (Adopted 4/17/97)Rule 804Emission Offsets (Adopted 4/17/97)Rule 805Air Quality Impact Analysis andModeling (Adopted 4/17/97)Rule 808New Source Review for MajorSources of Hazardous Air Pollutants(Adopted 5/20/99)Rule 1301Part 70 Operating Permits—General Information (Adopted 4/17/97)Rule 1302Part 70 Operating Permits—Permit Application (Adopted 11/09/93)Rule 1303Part 70 Operating Permits—Permits (Adopted 11/09/93)Rule 1304Part 70 Operating Permits—Issuance, Renewal, Modification andReopening (Adopted 11/09/93)Rule 1305Part 70 Operating Permits—Enforcement (Adopted 11/09/93)
* * * * *
(8) The following requirements arecontained in
Ventura County Air PollutionControl District Requirements Applicable toOCS Sources:
Rule 2Definitions (Adopted 11/10/98)Rule 5Effective Date (Adopted 5/23/72)Rule 6Severability (Adopted 11/21/78)Rule 7Zone Boundaries (Adopted 6/14/77)Rule 10Permits Required (Adopted 6/13/95)Rule 11Definition for Regulation II(Adopted 6/13/95)Rule 12Application for Permits (Adopted6/13/95)Rule 13Action on Applications for anAuthority to Construct (Adopted 6/13/95)Rule 14Action on Applications for a Permitto Operate (Adopted 6/13/95)Rule 15.1Sampling and Testing Facilities(Adopted 10/12/93)Rule 16BACT Certification (Adopted 6/13/95)Rule 19Posting of Permits (Adopted 5/23/72)Rule 20Transfer of Permit (Adopted 5/23/72)Rule 23Exemptions from Permits (Adopted7/9/96)
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