82 FR 43491 - Outer Continental Shelf Air Regulations; Consistency Update for California

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 179 (September 18, 2017)

Page Range		43491-43494
FR Document		2017-19704
The Environmental Protection Agency (EPA) is finalizing the updates of the Outer Continental Shelf (``OCS'') Air Regulations proposed in the Federal Register on June 17, 2016 and December 12, 2016. 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 portions of the OCS air regulations that are being updated pertain to the requirements for OCS sources for which the Santa Barbara County Air Pollution Control District (``Santa Barbara County APCD'') and Ventura County Air Pollution Control District (``Ventura County APCD'') are the designated COA. The intended effect of approving the OCS requirements for the Santa Barbara County APCD and Ventura County APCD is to regulate emissions from OCS sources in accordance with the requirements onshore. The changes to the existing requirements discussed in this document will be incorporated by reference into the Code of Federal Regulations and listed in the appendix to the OCS air regulations.
Federal Register, Volume 82 Issue 179 (Monday, September 18, 2017)
[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Rules and Regulations]
[Pages 43491-43494]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19704]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[OAR-2004-0091; FRL-9962-56-Region 9]


Outer Continental Shelf Air Regulations; Consistency Update for 
California

AGENCY:  Environmental Protection Agency (EPA)

ACTION:  Final rule.

-----------------------------------------------------------------------

SUMMARY:  The Environmental Protection Agency (EPA) is finalizing the 
updates of the Outer Continental Shelf (``OCS'') Air Regulations 
proposed in the Federal Register on June 17, 2016 and December 12, 
2016. 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 portions of the OCS air regulations 
that are being updated pertain to the requirements for OCS sources for 
which the Santa Barbara County Air Pollution Control District (``Santa 
Barbara County APCD'') and Ventura County Air Pollution Control 
District (``Ventura County APCD'') are the designated COA. The intended 
effect of approving the OCS requirements for the Santa Barbara County 
APCD and Ventura County APCD is to regulate emissions from OCS sources 
in accordance with the requirements onshore. The changes to the 
existing requirements discussed in this document will be incorporated 
by reference into the Code of Federal Regulations and listed in the 
appendix to the OCS air regulations.

DATES:  This rule is effective on October 18, 2017. The incorporation 
by reference of certain publications listed in this rule is approved by 
the Director of the Federal Register as of October 18, 2017.

ADDRESSES:  EPA has established docket number OAR-2004-0091 for this 
action. The index to the docket is available electronically at 
www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne 
Street, San Francisco, California. While all documents in the docket 
are listed in the index, some information may be publicly available 
only at the hard copy location (e.g., copyrighted material), and some 
may not be publicly available in either location (e.g., CBI). To 
inspect the hard copy materials, please schedule an appointment during 
normal business hours with the contact listed in the FOR FURTHER 
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Air Division (Air-
4), U.S. EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105, 
(415) 947-4125, [email protected].

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. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On June 17, 2016 (81 FR 39607) and December 12, 2016 (81 FR 39607), 
EPA proposed to incorporate various Santa Barbara County APCD and 
Ventura County APCD 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 Districts. 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 of the Act for 
SIP approval, nor does it imply that the rule will be approved by EPA 
for inclusion in the SIP.

II. Public Comments and EPA Responses

    EPA's proposed actions provided 30-day public comment periods. 
During these periods, we received no comments on the proposed actions.

[[Page 43492]]

III. EPA Action

    No comments were submitted. Therefore, as authorized in section 
328(a)(1) of the Act, 42 U.S.C. 7627, the EPA is taking final action to 
incorporate the proposed changes into 40 CFR part 55. 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.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the Santa 
Barbara County APCD and Ventura County APCD requirements described in 
the amendments to 40 CFR part 55 set forth below. The EPA has made, and 
will continue to make, these documents available through 
www.regulations.gov and at the EPA Region IX Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to establish 
requirements to control air pollution from OCS sources located within 
25 miles of States' seaward boundaries that are the same as onshore air 
control requirements. To comply with this statutory mandate, EPA must 
incorporate applicable onshore rules into part 55 as they exist 
onshore. 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in promulgating OCS 
consistency updates, EPA's role is to maintain consistency between OCS 
regulations and the regulations of onshore areas, provided that they 
meet the criteria of the Clean Air Act. Accordingly, this action simply 
updates the existing OCS requirements to make them consistent with 
requirements onshore, without the exercise of any policy discretion by 
EPA. 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);
     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 (Publ. 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 Clean Air Act; 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 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, nor does it impose 
substantial direct compliance costs on tribal governments, nor preempt 
tribal law.
    Under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 
et seq., 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. OMB has approved the information 
collection requirements contained in 40 CFR part 55 and, by extension, 
this update to the rules, and has assigned OMB control number 2060-
0249. Notice of OMB's approval of EPA Information Collection Request 
(``ICR'') No. 1601.07 was published in the Federal Register on February 
17, 2009 (74 FR 7432). The approval expires January 31, 2012. As EPA 
previously indicated (70 FR 65897-65898 (November 1, 2005)), the annual 
public reporting and recordkeeping burden for collection of information 
under 40 CFR part 55 is estimated to average 549 hours per response, 
using the definition of burden provided in 44 U.S.C. 3502(2).
    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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 17, 2017. 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 Part 55

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Hydrocarbons, Incorporation by reference, 
Intergovernmental relations, Nitrogen dioxide, Nitrogen oxides, Outer 
continental shelf, Ozone, Particulate matter, Permits, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: April 20, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Title 40 of the Code of Federal Regulations, Part 55, is amended as 
follows:

PART 55--OUTER CONTINENTAL SHELF AIR REGULATIONS

0
1. The authority citation for part 55 continues to read as follows:

    Authority:  Section 328 of the Clean Air Act (42 U.S.C. 7401 et 
seq.) as amended by Public Law 101-549.


0
2. Section 55.14 is amended by revising paragraphs (e)(3)(ii)(F) and 
(H) to read as follows:

[[Page 43493]]

Sec.  55.14   Requirements that apply to OCS sources located within 25 
miles of States' seaward boundaries, by State.

* * * * *
    (e) * * *
    (3) * * *
    (ii) * * *
    (F) Santa Barbara County Air Pollution Control District 
Requirements Applicable to OCS Sources, April 2017.
* * * * *
    (H) Ventura County Air Pollution Control District Requirements 
Applicable to OCS Sources, parts 1 and 2, April 2017.
* * * * *

0
3. Appendix A to part 55 is amended by revising paragraphs (b)(6) and 
(8) under the heading ``California'' to read as follows:

Appendix A to Part 55--Listing of State and Local Requirements 
Incorporated by Reference Into Part 55, by State

* * * * *
California
* * * * *
    (b) * * *
    (6) The following requirements are contained in Santa Barbara 
County Air Pollution Control District Requirements Applicable to OCS 
Sources, April 2017:

Rule 102 Definitions (Revised 08/25/16)
Rule 103 Severability (Adopted 10/23/78)
Rule 105 Applicability (Revised 08/25/16)
Rule 107 Emergencies (Adopted 04/19/01)
Rule 201 Permits Required (Revised 06/19/08)
Rule 202 Exemptions to Rule 201 (Revised 08/25/16)
Rule 203 Transfer (Revised 04/17/97)
Rule 204 Applications (Revised 08/25/16)
Rule 205 Standards for Granting Permits (Revised 04/17/97)
Rule 206 Conditional Approval of Authority to Construct or Permit to 
Operate (Revised 10/15/91)
Rule 207 Denial of Application (Adopted 10/23/78)
Rule 210 Fees (Revised 03/17/05)
Rule 212 Emission Statements (Adopted 10/20/92)
Rule 301 Circumvention (Adopted 10/23/78)
Rule 302 Visible Emissions (Revised 6/1981)
Rule 303 Nuisance (Adopted 10/23/78)
Rule 304 Particulate Matter-Northern Zone (Adopted 10/23/78)
Rule 305 Particulate Matter Concentration-Southern Zone (Adopted 10/
23/78)
Rule 306 Dust and Fumes-Northern Zone (Adopted 10/23/78)
Rule 307 Particulate Matter Emission Weight Rate-Southern Zone 
(Adopted 10/23/78)
Rule 308 Incinerator Burning (Adopted 10/23/78)
Rule 309 Specific Contaminants (Adopted 10/23/78)
Rule 310 Odorous Organic Sulfides (Adopted 10/23/78)
Rule 311 Sulfur Content of Fuels (Adopted 10/23/78)
Rule 312 Open Fires (Adopted 10/02/90)
Rule 316 Storage and Transfer of Gasoline (Revised 01/15/09)
Rule 317 Organic Solvents (Adopted 10/23/78)
Rule 318 Vacuum Producing Devices or Systems-Southern Zone (Adopted 
10/23/78)
Rule 321 Solvent Cleaning Operations (Revised 06/21/12)
Rule 322 Metal Surface Coating Thinner and Reducer (Adopted 10/23/
78)
Rule 323 Architectural Coatings (Revised 11/15/01)
Rule 323.1 Architectural Coatings (Adopted 06/19/14, Effective 01/
01/15)
Rule 324 Disposal and Evaporation of Solvents (Adopted 10/23/78)
Rule 325 Crude Oil Production and Separation (Revised 07/19/01)
Rule 326 Storage of Reactive Organic Compound Liquids (Revised 01/
18/01)
Rule 327 Organic Liquid Cargo Tank Vessel Loading (Revised 12/16/85)
Rule 328 Continuous Emission Monitoring (Adopted 10/23/78)
Rule 330 Surface Coating of Metal Parts and Products (Revised 06/21/
12)
Rule 331 Fugitive Emissions Inspection and Maintenance (Revised 12/
10/91)
Rule 332 Petroleum Refinery Vacuum Producing Systems, Wastewater 
Separators and Process Turnarounds (Adopted 06/11/79)
Rule 333 Control of Emissions from Reciprocating Internal Combustion 
Engines (Adopted 06/19/08)
Rule 342 Control of Oxides of Nitrogen (NOX) from 
Boilers, Steam Generators and Process Heaters) (Revised 04/17/97)
Rule 343 Petroleum Storage Tank Degassing (Adopted 12/14/93)
Rule 344 Petroleum Sumps, Pits, and Well Cellars (Adopted 11/10/94)
Rule 346 Loading of Organic Liquid Cargo Vessels (Revised 01/18/01)
Rule 349 Polyester Resin Operations (Revised 06/21/12)
Rule 352 Natural Gas-Fired Fan-Type Central Furnaces and Residential 
Water Heaters (Revised 10/20/11)
Rule 353 Adhesives and Sealants (Revised 06/21/12)
Rule 359 Flares and Thermal Oxidizers (Adopted 06/28/94)
Rule 360 Emissions of Oxides of Nitrogen from Large Water Heaters 
and Small Boilers (Adopted 10/17/02)
Rule 361 Small Boilers, Steam Generators, and Process Heaters 
(Adopted 01/17/08)
Rule 370 Potential to Emit--Limitations for Part 70 Sources (Revised 
01/20/11)
Rule 505 Breakdown Conditions Sections A.,B.1, and D. only (Adopted 
10/23/78)
Rule 603 Emergency Episode Plans (Adopted 06/15/81)
Rule 702 General Conformity (Adopted 10/20/94)
Rule 801 New Source Review--Definitions and General Requirements 
(Revised 08/25/16)
Rule 802 New Source Review (Revised 08/25/16)
Rule 804 Emission Offsets (Revised 08/25/16)
Rule 805 Air Quality Impact Analysis, Modeling, Monitoring, and Air 
Quality Increment Consumption (Revised 08/25/16)
Rule 806 Emission Reduction Credits (Revised 08/25/16)
Rule 808 New Source Review for Major Sources of Hazardous Air 
Pollutants (Adopted 05/20/99)
Rule 809 Federal Minor Source New Source Review (Revised 08/25/16)
Rule 810 Federal Prevention of Significant Deterioration (PSD) 
(Revised 06/20/13)
Rule 1301 Part 70 Operating Permits--General Information (Revised 
08/25/16)
Rule 1302 Part 70 Operating Permits--Permit Application (Adopted 11/
09/93)
Rule 1303 Part 70 Operating Permits--Permits (Revised 01/18/01)
Rule 1304 Part 70 Operating Permits--Issuance, Renewal, Modification 
and Reopening (Revised 01/18/01)
Rule 1305 Part 70 Operating Permits--Enforcement (Adopted 11/09/93)
* * * * *
    (8) The following requirements are contained in Ventura County 
Air Pollution Control District Requirements Applicable to OCS 
Sources, parts 1 and 2, April 2017:
Rule 2 Definitions (Revised 04/12/11)
Rule 5 Effective Date (Revised 04/13/04)
Rule 6 Severability (Revised 11/21/78)
Rule 7 Boundaries (Adopted 06/14/77)
Rule 10 Permits Required (Revised 04/13/04)
Rule 11 Definition for Regulation II (Amended 03/14/06)
Rule 12 Applications for Permits (Adopted 06/13/95)
Rule 13 Action on Applications for an Authority To Construct 
(Adopted 06/13/95)
Rule 14 Action on Applications for a Permit To Operate (Adopted 06/
13/95)
Rule 15.1 Sampling and Testing Facilities (Adopted 10/12/93)
Rule 16 BACT Certification (Adopted 06/13/95)
Rule 19 Posting of Permits (Revised 05/23/72)
Rule 20 Transfer of Permit (Revised 05/23/72)
Rule 23 Exemptions From Permits (Revised 11/12/13)
Rule 24 Source Recordkeeping, Reporting, and Emission Statements 
(Revised 09/15/92)
Rule 26 New Source Review--General (Amended 03/14/06)
Rule 26.1 New Source Review--Definitions (Revised 11/14/06)
Rule 26.2 New Source Review--Requirements (Revised 03/14/06)
Rule 26.3 New Source Review--Exemptions (Revised 3/14/06)
Rule 26.6 New Source Review--Calculations (Revised 3/14/06)
Rule 26.8 New Source Review--Permit To Operate (Adopted 10/22/91)
Rule 26.11 New Source Review--ERC Evaluation at Time of Use (Adopted 
05/14/02)
Rule 26.12 Federal Major Modifications (Adopted 06/27/06)
Rule 26.13 New Source Review--Prevention of Significant 
Deterioration (PSD) (Revised 11/10/15)

[[Page 43494]]

Rule 28 Revocation of Permits (Revised 07/18/72)
Rule 29 Conditions on Permits (Revised 03/14/06)
Rule 30 Permit Renewal (Revised 04/13/04)
Rule 32 Breakdown Conditions: Emergency Variances, A., B.1., and D. 
only. (Revised 02/20/79)
Rule 33 Part 70 Permits-General (Revised 04/12/11)
Rule 33.1 Part 70 Permits--Definitions (Revised 04/12/11)
Rule 33.2 Part 70 Permits--Application Contents (Revised 04/10/01)
Rule 33.3 Part 70 Permits--Permit Content (Revised 09/12/06)
Rule 33.4 Part 70 Permits--Operational Flexibility (Revised 04/10/
01)
Rule 33.5 Part 70 Permits--Timeframes for Applications, Review and 
Issuance (Adopted 10/12/93)
Rule 33.6 Part 70 Permits--Permit Term and Permit Reissuance 
(Adopted 10/12/93)
Rule 33.7 Part 70 Permits--Notification (Revised 04/10/01)
Rule 33.8 Part 70 Permits--Reopening of Permits (Adopted 10/12/93)
Rule 33.9 Part 70 Permits--Compliance Provisions (Revised 04/10/01)
Rule 33.10 Part 70 Permits--General Part 70 Permits (Adopted 10/12/
93)
Rule 34 Acid Deposition Control (Adopted 03/14/95)
Rule 35 Elective Emission Limits (Revised 04/12/11)
Rule 36 New Source Review--Hazardous Air Pollutants (Adopted 10/06/
98)
Rule 42 Permit Fees (Revised 04/12/16)
Rule 44 Exemption Evaluation Fee (Revised 04/08/08)
Rule 45 Plan Fees (Adopted 06/19/90)
Rule 45.2 Asbestos Removal Fees (Revised 08/04/92)
Rule 47 Source Test, Emission Monitor, and Call-Back Fees (Adopted 
06/22/99)
Rule 50 Opacity (Revised 04/13/04)
Rule 52 Particulate Matter--Concentration (Grain Loading)(Revised 
04/13/04)
Rule 53 Particulate Matter--Process Weight (Revised 04/13/04)
Rule 54 Sulfur Compounds (Revised 01/14/14)
Rule 56 Open Burning (Revised 11/11/03)
Rule 57 Incinerators (Revised 01/11/05)
Rule 57.1 Particulate Matter Emissions From Fuel Burning Equipment 
(Adopted 01/11/05)
Rule 62.7 Asbestos-Demolition and Renovation (Adopted 06/16/92, 
Effective 09/01/92)
Rule 63 Separation and Combination of Emissions (Revised 11/21/78)
Rule 64 Sulfur Content of Fuels (Revised 04/13/99)
Rule 68 Carbon Monoxide (Revised 04/13/04)
Rule 71 Crude Oil and Reactive Organic Compound Liquids (Revised 12/
13/94)
Rule 71.1 Crude Oil Production and Separation (Revised 06/16/92)
Rule 71.2 Storage of Reactive Organic Compound Liquids (Revised 09/
26/89)
Rule 71.3 Transfer of Reactive Organic Compound Liquids (Revised 06/
16/92)
Rule 71.4 Petroleum Sumps, Pits, Ponds, and Well Cellars (Revised 
06/08/93)
Rule 71.5 Glycol Dehydrators (Adopted 12/13/94)
Rule 72 New Source Performance Standards (NSPS) (Revised 09/9/08)
Rule 73 National Emission Standards for Hazardous Air Pollutants 
(NESHAPS) (Revised 09/9/08)
Rule 74 Specific Source Standards (Adopted 07/06/76)
Rule 74.1 Abrasive Blasting (Revised 11/12/91)
Rule 74.2 Architectural Coatings (Revised 01/12/10)
Rule 74.6 Surface Cleaning and Degreasing (Revised 11/11/03--
effective 07/01/04)
Rule 74.6.1 Batch Loaded Vapor Degreasers (Adopted 11/11/03--
effective 07/01/04)
Rule 74.7 Fugitive Emissions of Reactive Organic Compounds at 
Petroleum Refineries and Chemical Plants (Revised 10/10/95)
Rule 74.8 Refinery Vacuum Producing Systems, Waste-Water Separators 
and Process Turnarounds (Revised 07/05/83)
Rule 74.9 Stationary Internal Combustion Engines (Revised 11/08/05)
Rule 74.10 Components at Crude Oil Production Facilities and Natural 
Gas Production and Processing Facilities (Revised 03/10/98)
Rule 74.11 Natural Gas-Fired Residential Water Heaters--Control of 
NOX (Revised 05/11/10)
Rule 74.11.1 Large Water Heaters and Small Boilers (Revised 09/11/
12)
Rule 74.12 Surface Coating of Metal Parts and Products (Revised 04/
08/08)
Rule 74.15 Boilers, Steam Generators and Process Heaters (5 MMBTUs 
and greater) (Revised 11/08/94)
Rule 74.15.1 Boilers, Steam Generators and Process Heaters (1 to 5 
MMBTUs) (Revised 06/23/15)
Rule 74.16 Oil Field Drilling Operations (Adopted 01/08/91)
Rule 74.20 Adhesives and Sealants (Revised 09/11/12)
Rule 74.23 Stationary Gas Turbines (Revised 1/08/02)
Rule 74.24 Marine Coating Operations (Revised 09/11/12)
Rule 74.24.1 Pleasure Craft Coating and Commercial Boatyard 
Operations (Revised 01/08/02)
Rule 74.26 Crude Oil Storage Tank Degassing Operations (Adopted 11/
08/94)
Rule 74.27 Gasoline and ROC Liquid Storage Tank Degassing Operations 
(Adopted 11/08/94)
Rule 74.28 Asphalt Roofing Operations (Adopted 05/10/94)
Rule 74.30 Wood Products Coatings (Revised 06/27/06)
Rule 74.31 Metal Working Fluids and Direct-Contact Lubricants 
(Adopted 11/12/13)
Rule 75 Circumvention (Revised 11/27/78)
Rule 101 Sampling and Testing Facilities (Revised 05/23/72)
Rule 102 Source Tests (Revised 04/13/04)
Rule 103 Continuous Monitoring Systems (Revised 02/09/99)
Rule 154 Stage 1 Episode Actions (Adopted 09/17/91)
Rule 155 Stage 2 Episode Actions (Adopted 09/17/91)
Rule 156 Stage 3 Episode Actions (Adopted 09/17/91)
Rule 158 Source Abatement Plans (Adopted 09/17/91)
Rule 159 Traffic Abatement Procedures (Adopted 09/17/91)
Rule 220 General Conformity (Adopted 05/09/95)
Rule 230 Notice to Comply (Revised 9/9/08)
* * * * *
[FR Doc. 2017-19704 Filed 9-15-17; 8:45 am]
 BILLING CODE 6560-50-P
Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Rules and Regulations 43491

TABLE 2—EPA APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
EPA District
Reg Title/subject Federal Register notice Explanation
approval date effective date

* * * * * * *

Reg 6—Standards of Performance for Existing Affected Facilities

* * * * * * *
6.40 ..... Standards of Performance for Gasoline Transfer to 9/18/2017 [Insert citation of publica- 11/10/2016
Motor Vehicles (Stage II Vapor Recovery and Con- tion].
trol System).

* * * * * * *

* * * * * Regulations and listed in the appendix response to the submittal of these rules
[FR Doc. 2017–19697 Filed 9–15–17; 8:45 am] to the OCS air regulations. by the Districts. EPA has evaluated the
BILLING CODE 6560–50–P DATES: This rule is effective on October proposed requirements to ensure that
18, 2017. The incorporation by reference they are rationally related to the
of certain publications listed in this rule attainment or maintenance of federal or
ENVIRONMENTAL PROTECTION is approved by the Director of the state ambient air quality standards or
AGENCY Federal Register as of October 18, 2017. Part C of title I of the Act, that they are
40 CFR Part 55 ADDRESSES: EPA has established docket not designed expressly to prevent
number OAR–2004–0091 for this action. exploration and development of the
The index to the docket is available OCS and that they are applicable to OCS
[OAR–2004–0091; FRL–9962–56–Region 9]
electronically at www.regulations.gov sources. 40 CFR 55.1. EPA has also
Outer Continental Shelf Air and in hard copy at EPA Region IX, 75 evaluated the rules to ensure that they
Regulations; Consistency Update for Hawthorne Street, San Francisco, are not arbitrary or capricious. 40 CFR
California California. While all documents in the 55.12(e).
docket are listed in the index, some Section 328(a) of the Act requires that
AGENCY: Environmental Protection information may be publicly available EPA establish requirements to control
Agency (EPA) only at the hard copy location (e.g., air pollution from OCS sources located
ACTION: Final rule. copyrighted material), and some may within 25 miles of states’ seaward
not be publicly available in either boundaries that are the same as onshore
SUMMARY: The Environmental Protection location (e.g., CBI). To inspect the hard requirements. To comply with this
Agency (EPA) is finalizing the updates copy materials, please schedule an statutory mandate, EPA must
of the Outer Continental Shelf (‘‘OCS’’) appointment during normal business incorporate applicable onshore rules
Air Regulations proposed in the Federal hours with the contact listed in the FOR into part 55 as they exist onshore. This
Register on June 17, 2016 and December FURTHER INFORMATION CONTACT section.
limits EPA’s flexibility in deciding
12, 2016. Requirements applying to OCS FOR FURTHER INFORMATION CONTACT: which requirements will be
sources located within 25 miles of Christine Vineyard, Air Division (Air-4), incorporated into part 55 and prevents
States’ seaward boundaries must be U.S. EPA Region 9, 75 Hawthorne EPA from making substantive changes
updated periodically to remain Street, San Francisco, CA 94105, (415) to the requirements it incorporates. As
consistent with the requirements of the 947–4125, vineyard.christine@epa.gov. a result, EPA may be incorporating rules
corresponding onshore area (‘‘COA’’), as SUPPLEMENTARY INFORMATION: into part 55 that do not conform to all
mandated by section 328(a)(1) of the Throughout this document, the terms of EPA’s state implementation plan
Clean Air Act, as amended in 1990 (‘‘the ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to U.S. EPA. (SIP) guidance or certain requirements
Act’’). The portions of the OCS air Organization of this document: The of the Act. Consistency updates may
regulations that are being updated following outline is provided to aid in result in the inclusion of state or local
pertain to the requirements for OCS locating information in this preamble. rules or regulations into part 55, even
sources for which the Santa Barbara
I. Proposed Action though the same rules may ultimately be
County Air Pollution Control District II. Public Comments and EPA Responses disapproved for inclusion as part of the
(‘‘Santa Barbara County APCD’’) and III. EPA Action SIP. Inclusion in the OCS rule does not
Ventura County Air Pollution Control IV. Incorporation by Reference imply that a rule meets the requirements
District (‘‘Ventura County APCD’’) are V. Statutory and Executive Order Reviews
the designated COA. The intended effect of the Act for SIP approval, nor does it
of approving the OCS requirements for I. Proposed Action imply that the rule will be approved by
the Santa Barbara County APCD and On June 17, 2016 (81 FR 39607) and EPA for inclusion in the SIP.
sradovich on DSKBBY8HB2PROD with RULES

Ventura County APCD is to regulate December 12, 2016 (81 FR 39607), EPA II. Public Comments and EPA
emissions from OCS sources in proposed to incorporate various Santa Responses
accordance with the requirements Barbara County APCD and Ventura
onshore. The changes to the existing County APCD air pollution control EPA’s proposed actions provided 30-
requirements discussed in this requirements into the OCS Air day public comment periods. During
document will be incorporated by Regulations at 40 CFR part 55. We are these periods, we received no comments
reference into the Code of Federal incorporating these requirements in on the proposed actions.

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43492 Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Rules and Regulations

III. EPA Action • Does not contain any unfunded The Congressional Review Act, 5
No comments were submitted. mandate or significantly or uniquely U.S.C. 801 et seq., as added by the Small
Therefore, as authorized in section affect small governments, as described Business Regulatory Enforcement
328(a)(1) of the Act, 42 U.S.C. 7627, the in the Unfunded Mandates Reform Act Fairness Act of 1996, generally provides
EPA is taking final action to incorporate of 1995 (Publ. L. 104–4); that before a rule may take effect, the
the proposed changes into 40 CFR part • Does not have Federalism agency promulgating the rule must
55. Section 328(a) of the Act requires implications as specified in Executive submit a rule report, which includes a
that EPA establish requirements to Order 13132 (64 FR 43255, August 10, copy of the rule, to each House of the
control air pollution from OCS sources 1999); Congress and to the Comptroller General
located within 25 miles of states’ • Is not an economically significant of the United States. EPA will submit a
seaward boundaries that are the same as regulatory action based on health or report containing this action and other
onshore requirements. To comply with safety risks subject to Executive Order required information to the U.S. Senate,
this statutory mandate, EPA must 13045 (62 FR 19885, April 23, 1997); the U.S. House of Representatives, and
incorporate applicable onshore rules • Is not a significant regulatory action the Comptroller General of the United
into Part 55 as they exist onshore. subject to Executive Order 13211 (66 FR States prior to publication of the rule in
28355, May 22, 2001); the Federal Register. A major rule
IV. Incorporation by Reference • Is not subject to requirements of cannot take effect until 60 days after it
In this rule, the EPA is finalizing Section 12(d) of the National is published in the Federal Register.
regulatory text that includes Technology Transfer and Advancement This action is not a ‘‘major rule’’ as
incorporation by reference. In Act of 1995 (15 U.S.C. 272 note) because defined by 5 U.S.C. 804(2).
accordance with requirements of 1 CFR application of those requirements would Under section 307(b)(1) of the Clean
51.5, the EPA is finalizing the be inconsistent with the Clean Air Act; Air Act, petitions for judicial review of
incorporation by reference of the Santa and this action must be filed in the United
Barbara County APCD and Ventura • Does not provide EPA with the States Court of Appeals for the
County APCD requirements described in discretionary authority to address, as appropriate circuit by November 17,
the amendments to 40 CFR part 55 set appropriate, disproportionate human 2017. Filing a petition for
forth below. The EPA has made, and health or environmental effects, using reconsideration by the Administrator of
will continue to make, these documents practicable and legally permissible this final rule does not affect the finality
available through www.regulations.gov methods, under Executive Order 12898 of this action for the purposes of judicial
and at the EPA Region IX Office (please (59 FR 7629, February 16, 1994). review nor does it extend the time
contact the person identified in the FOR In addition, this rule does not have within which a petition for judicial
FURTHER INFORMATION CONTACT section of tribal implications as specified by review may be filed, and shall not
this preamble for more information). Executive Order 13175 (65 FR 67249, postpone the effectiveness of such rule
November 9, 2000), because it does not or action. This action may not be
V. Statutory and Executive Order have a substantial direct effect on one or challenged later in proceedings to
Reviews more Indian tribes, on the relationship enforce its requirements. (See section
Under the Clean Air Act, the between the Federal Government and 307(b)(2)).
Administrator is required to establish Indian tribes, or on the distribution of List of Subjects in 40 CFR Part 55
requirements to control air pollution power and responsibilities between the
from OCS sources located within 25 Federal Government and Indian tribes, Environmental protection,
miles of States’ seaward boundaries that nor does it impose substantial direct Administrative practice and procedures,
are the same as onshore air control compliance costs on tribal governments, Air pollution control, Hydrocarbons,
requirements. To comply with this nor preempt tribal law. Incorporation by reference,
statutory mandate, EPA must Under the provisions of the Intergovernmental relations, Nitrogen
incorporate applicable onshore rules Paperwork Reduction Act, 44 U.S.C. dioxide, Nitrogen oxides, Outer
into part 55 as they exist onshore. 42 3501 et seq., an agency may not conduct continental shelf, Ozone, Particulate
U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, or sponsor, and a person is not required matter, Permits, Reporting and
in promulgating OCS consistency to respond to, a collection of recordkeeping requirements, Sulfur
updates, EPA’s role is to maintain information unless it displays a oxides.
consistency between OCS regulations currently valid OMB control number. Dated: April 20, 2017.
and the regulations of onshore areas, OMB has approved the information Alexis Strauss,
provided that they meet the criteria of collection requirements contained in 40 Acting Regional Administrator, Region IX.
the Clean Air Act. Accordingly, this CFR part 55 and, by extension, this
action simply updates the existing OCS update to the rules, and has assigned Title 40 of the Code of Federal
requirements to make them consistent OMB control number 2060–0249. Notice Regulations, Part 55, is amended as
with requirements onshore, without the of OMB’s approval of EPA Information follows:
exercise of any policy discretion by Collection Request (‘‘ICR’’) No. 1601.07
was published in the Federal Register PART 55—OUTER CONTINENTAL
EPA. For that reason, this action:
SHELF AIR REGULATIONS
• Is not a ‘‘significant regulatory on February 17, 2009 (74 FR 7432). The
action’’ subject to review by the Office approval expires January 31, 2012. As ■ 1. The authority citation for part 55
of Management and Budget under EPA previously indicated (70 FR 65897– continues to read as follows:
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Executive Order 12866 (58 FR 51735, 65898 (November 1, 2005)), the annual
October 4, 1993); public reporting and recordkeeping Authority: Section 328 of the Clean Air
• Is certified as not having a burden for collection of information Act (42 U.S.C. 7401 et seq.) as amended by
Public Law 101–549.
significant economic impact on a under 40 CFR part 55 is estimated to
substantial number of small entities average 549 hours per response, using ■ 2. Section 55.14 is amended by
under the Regulatory Flexibility Act (5 the definition of burden provided in 44 revising paragraphs (e)(3)(ii)(F) and (H)
U.S.C. 601 et seq.); U.S.C. 3502(2). to read as follows:

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Document Created: 2017-09-16 00:51:28
Document Modified: 2017-09-16 00:51:28
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective on October 18, 2017. The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of October 18, 2017.
Contact		Christine Vineyard, Air Division (Air- 4), U.S. EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105, (415) 947-4125, [email protected]
FR Citation		82 FR 43491
CFR Associated		Environmental Protection; Administrative Practice and Procedures; Air Pollution Control; Hydrocarbons; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Nitrogen Oxides; Outer Continental Shelf; Ozone; Particulate Matter; Permits; Reporting and Recordkeeping Requirements and Sulfur Oxides