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53546
Federal Register
/Vol. 67, No. 159/Friday, August 16, 2002/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).
determination made that the Federalregulation did not impose an unfundedmandate.
List of Subjects in 30 CFR Part 948
Intergovernmental relations, Surfacemining, Underground mining.
Dated: July 11, 2002.
Tim L. Dieringer,
Acting Regional Director AppalachianRegional Coordinating Center.
[FR Doc. 02
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BILLING CODE 4310
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P
ENVIRONMENTAL PROTECTIONAGENCY40 CFR Part 55
[FRL
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7260
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6]
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 South Coast AirQuality Management District (SouthCoast AQMD) and Ventura County AirPollution Control District (VenturaCounty APCD) are the designated COAs.The intended effect of approving theOCS requirements for the aboveDistricts is to regulate emissions fromOCS sources in accordance with therequirements onshore. The changes tothe existing requirements discussed below are proposed to be incorporated by reference 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 beforeSeptember 16, 2002.
ADDRESSES
:
Comments must be mailed(in duplicate if possible) to: EPA AirDocket (Air-4), Attn: Docket No. A
–
93
–
16 Section XXVI, 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 XXVI.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 XXVI,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 XXVI,Environmental Protection Agency, AirDocket (6102), Ariel Rios Building, 1200Pennsylvania Avenue, N.W.,Washington D.C. 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)947
–
4125.
I. Background Information
A. Why Is EPA Taking This Action? 
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 bythree local air pollution controlagencies. Public comments received inwriting within 30 days of publication of this document will be considered byEPA 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
’
s Evaluation
A. What Criteria Were Used To EvaluateRules Submitted To Update 40 CFR Part 55? 
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.
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53547
Federal Register
/Vol. 67, No. 159/Friday, August 16, 2002/Proposed Rules
B. What Rule Revisions Were Submitted To Update 40 CFR Part 55? 
1. After review of the rules submitted by South Coast AQMD against thecriteria set forth above and in 40 CFRpart 55, EPA is proposing to make thefollowing new rule applicable to OCSsources for which the South CoastAQMD is designated as the COA (note:no requirements that are not related tothe attainment and maintenance of federal and state ambient air qualitystandards will be incorporated toregulate toxics):
Rule # Rule names Adoption date1137 ......................................... PM10 Emission Reductions from Woodworking Operations .................................................... 02/01/02
2. After review of the rule submitted by Ventura County APCD against the criteria set forth above and in 40 CFR part55, EPA is proposing to make the following rule revisions applicable to OCS sources for which the Ventura County APCDis designated as the COA:
Rule # Rule name Adoption date10 ............................................. Permits Required ....................................................................................................................... 5/14/0226.1 .......................................... New Source Review—Definitions .............................................................................................. 5/14/0226.2 .......................................... New Source Review—Requirements ........................................................................................ 5/14/0226.3 .......................................... New Source Review—Exemptions ............................................................................................ 5/14/0226.6 .......................................... New Source Review—Calculations ........................................................................................... 5/14/0242 ............................................. Permit Fees ............................................................................................................................... 5/14/0274.6 .......................................... Solvent Cleaning and Degreasing ............................................................................................. 1/08/0274.23 ........................................ Stationary Gas Turbines ............................................................................................................ 1/08/0274.24.1 ..................................... Pleasure Craft Coating & Commercial Boatyard Operations .................................................... 1/08/02
The following new rule was submitted and will be incorporated:
Rule # Rule name Adoption date26.11 ........................................ New Source Review—ERC Evaluation At Time of Use ........................................................... 5/14/02
The following rule was submitted but will not be incorporated because it is Administrative:
Rule # Rule name Adoption date26.4 .......................................... New Source Review—Emissions Banking ................................................................................ 5/14/02
III. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget(OMB) has exempted this regulatoryaction from Executive Order 12866,Regulatory Planning and Review.
B. Executive Order 13045
Executive Order 13045, entitledProtection of Children fromEnvironmental Health Risks and SafetyRisks (62 FR 19885, April 23, 1997),applies to any rule that: (1) isdetermined to be
‘‘
economicallysignificant
’’
as defined under ExecutiveOrder 12866, and (2) concerns anenvironmental health or safety risk thatEPA has reason to believe may have adisproportionate effect on children. If the regulatory action meets both criteria,the Agency must evaluate theenvironmental health or safety effects of the planned rule on children, andexplain why the planned regulation ispreferable to other potentially effectiveand reasonably feasible alternativesconsidered by the Agency.This rule is not subject to ExecutiveOrder 13045 because it does not involvedecisions intended to mitigateenvironmental health or safety risks.
C. Executive Order 13175
Executive Order 13175, entitled
‘‘
Consultation and Coordination withIndian Tribal Governments
’’
(65 FR67249, November 6, 2000), requires EPAto develop an accountable process toensure
‘‘
meaningful and timely input bytribal officials in the development of regulatory policies that have tribalimplications.
’’
 
‘‘
Policies that have tribalimplications
’’
is defined in theExecutive Order to include regulationsthat have
‘‘
substantial direct effects onone or more Indian tribes, on therelationship between the Federalgovernment and the Indian tribes, or onthe distribution of power andresponsibilities between the Federalgovernment and Indian tribes.
’’
 This proposed rule does not havetribal implications. It will not havesubstantial direct effects on tribalgovernments, on the relationship between the Federal government andIndian tribes, or on the distribution of power and responsibilities between theFederal government and Indian tribes,as specified in Executive Order 13175.Thus, Executive Order 13175 does notapply to this rule. In the spirit of Executive Order 13175, and consistentwith EPA policy to promotecommunications between EPA andtribal governments, EPA specificallysolicits additional comment on thisproposed rule from tribal officials.
D. Executive Order 13132
Executive Order 13132, entitledFederalism (64 FR 43255, August 10,1999) revokes and replaces ExecutiveOrders 12612, Federalism and 12875,Enhancing the IntergovernmentalPartnership. Executive Order 13132requires EPA to develop an accountableprocess to ensure
‘‘
meaningful andtimely input by State and local officialsin the development of regulatorypolicies that have federalismimplications.
’’
 
‘‘
Policies that havefederalism implications
’’
is defined inthe Executive Order to includeregulations that 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.
’’
UnderExecutive Order 13132, EPA may not
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53548
Federal Register
/Vol. 67, No. 159/Friday, August 16, 2002/Proposed Rules
issue a regulation that has federalismimplications, that imposes substantialdirect compliance costs, and that is notrequired by statute, unless the Federalgovernment provides the fundsnecessary to pay the direct compliancecosts incurred by State and localgovernments, or EPA consults withState and local officials early in theprocess of developing the proposedregulation. EPA also may not issue aregulation that has federalismimplications and that preempts Statelaw unless the Agency consults withState and local officials early in theprocess of developing the proposedregulation.This proposed rule will not havesubstantial direct effects on the States,on the relationship between the nationalgovernment and the States, or on thedistribution of power andresponsibilities among the variouslevels of government, as specified inExecutive Order 13132, because itmerely acts on a state rule implementinga federal standard, and does not alterthe relationship or the distribution of power and responsibilities establishedin the Clean Air Act. Thus, therequirements of section 6 of theExecutive Order do not apply to thisproposed rule.
E. Regulatory Flexibility Act, asamended by the Small BusinessRegulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et. seq.
The Regulatory Flexibility Act (RFA)generally requires an agency to preparea regulatory flexibility analysis for anyrule that will have a significanteconomic impact on a substantialnumber of small entities. The RFAapplies only to rules subject to noticeand comment rulemaking requirementsunless the agency certifies that the rulewill not have a significant economicimpact on a substantial number of smallentities. Small entities include small businesses, small not-for-profitenterprises, and small governmentaljurisdictions.This proposed rule will not have asignificant impact on a substantialnumber of small entities becauseconsistency updates do not create anynew requirements but simply act onrequirements that the State is alreadyimposing. Therefore, because theconsistency update approval does notcreate any new requirements, I certifythat this action will not have asignificant economic impact on asubstantial number of small entities.
F. Unfunded Mandates
Under section 202 of the UnfundedMandates Reform Act of 1995(
‘‘
Unfunded Mandates Act
’’
), signedinto law on March 22, 1995, EPA mustprepare a budgetary impact statement toaccompany any proposed or final rulethat includes a Federal mandate thatmay result in estimated costs to State,local, or tribal governments in theaggregate; or to private sector, of $100million or more. Under section 205,EPA must select the most cost-effectiveand least burdensome alternative thatachieves the objectives of the rule andis consistent with statutoryrequirements. Section 203 requires EPAto establish a plan for informing andadvising any small governments thatmay be significantly or uniquelyimpacted by the rule.EPA has determined that theproposed action does not include aFederal mandate that may result inestimated costs of $100 million or moreto either State, local, or tribalgovernments in the aggregate, or to theprivate sector. This proposed Federalaction acts on pre-existing requirementsunder State or local law, and imposesno new requirements. Accordingly, noadditional costs to State, local, or tribalgovernments, or to the private sector,result from this action.
G. National Technology Transfer and Advancement Act 
Section 12 of the National TechnologyTransfer and Advancement Act(NTTAA) of 1995 requires Federalagencies to evaluate existing technicalstandards when developing a newregulation. To comply with NTTAA,EPA must consider and use
‘‘
voluntaryconsensus standards
’’
(VCS) if availableand applicable when developingprograms and policies unless doing sowould be inconsistent with applicablelaw or otherwise impractical.EPA believes that VCS areinapplicable to today
’
s proposed action because it does not require the public toperform activities conducive to the useof VCS.
H. Executive Order 13211 (Energy Effects)
This rule is not subject to ExecutiveOrder 13211,
‘‘
Actions ConcerningRegulations That Significantly AffectEnergy Supply, Distribution, or Use
’’
(66FR 28355 (Mary 22, 2001)) because it isnot a significant action under ExecutiveOrder 12866.
List of Subjects in 40 CFR Part 55
Environmental protection,Administrative practice and procedures,Air pollution control, Continental shelf,Incorporation by reference,Intergovernmental relations, Nitrogendioxide, Ozone, Particulate matter,Permits, Reporting and recordkeepingrequirements, Sulfur oxides.
Dated: August 5, 2002.
Laura Yoshii,
Deputy 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)(G) and (H) to read as follows:
§
55.14Requirements that apply to OCSsources located within 25 miles of States
’
 seaward boundaries, by State.
* * * * *(e) ***(3) ***(ii) ***(G)
South Coast Air Quality Management District RequirementsApplicable to OCS Sources.
 (H)
Ventura County Air PollutionControl District RequirementsApplicable to OCS Sources.
* * * * *3. Appendix A to 40 CFR part 55 isproposed to be amended by revisingparagraph (b)(7) and (8) under theheading
‘‘
California
’’
to read as follows:
Appendix A to 40 CFR Part 55
—
Listingof State and Local RequirementsIncorporated by Reference Into Part 55, by State.
* * * * *
CALIFORNIA
* * * * *
(b) Local requirements.
* * * * *
(7)
The following requirements arecontained in South Coast Air Quality Management District RequirementsApplicable to OCS Sources
(Part I, II and III):Rule 102Definition of Terms (Adopted 10/19/01)Rule 103Definition of Geographical Areas(Adopted 1/9/76)Rule 104Reporting of Source Test Data andAnalyses (Adopted 1/9/76)Rule 108Alternative Emission ControlPlans (Adopted 4/6/90)Rule 109Recordkeeping for VolatileOrganic Compound Emissions (Adopted 8/18/00)Rule 112Definition of Minor Violation andGuidelines for Issuance of Notice toComply (Adopted 11/13/98)Rule 118Emergencies (Adopted 12/7/95)Rule 201Permit to Construct (Adopted 1/5/90)
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