83_FR_28915 83 FR 28795 - Outer Continental Shelf Air Regulations; Consistency Update for California

83 FR 28795 - Outer Continental Shelf Air Regulations; Consistency Update for California

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 120 (June 21, 2018)

Page Range28795-28797
FR Document2018-13347

The Environmental Protection Agency (EPA) is proposing to update a portion of the Outer Continental Shelf (OCS) Air Regulations. Requirements applying to OCS sources located within 25 miles of states' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (COA), as mandated by section 328(a)(1) of the Clean Air Act (``the Act''). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which the Santa Barbara County Air Pollution Control District (``Santa Barbara County APCD'') is the designated COA. The intended effect of approving the OCS requirements for the Santa Barbara County APCD is to regulate emissions from OCS sources in accordance with the requirements onshore. The change to the existing requirements discussed below is proposed to be incorporated by reference into the Code of Federal Regulations and listed in the appendix to the OCS air regulations.

Federal Register, Volume 83 Issue 120 (Thursday, June 21, 2018)
[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Proposed Rules]
[Pages 28795-28797]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13347]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R09-OAR-2018-0366; FRL-9979-36--Region 9]


Outer Continental Shelf Air Regulations; Consistency Update for 
California

AGENCY: Environmental Protection Agency (EPA)

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
update a portion of the Outer Continental Shelf (OCS) Air Regulations. 
Requirements applying to OCS sources located within 25 miles of states' 
seaward boundaries must be updated periodically to remain consistent 
with the requirements of the corresponding onshore area (COA), as 
mandated by section 328(a)(1) of the Clean Air Act (``the Act''). The 
portion of the OCS air regulations that is being updated pertains to 
the requirements for OCS sources for which the Santa Barbara County Air 
Pollution Control District (``Santa Barbara County APCD'') is the 
designated COA. The intended effect of approving the OCS requirements 
for the Santa Barbara County APCD is to regulate emissions from OCS 
sources in accordance with the requirements onshore. The change to the 
existing requirements discussed below is proposed to be incorporated by 
reference into the Code of Federal Regulations and listed in the 
appendix to the OCS air regulations.

DATES: Any comments must arrive by July 23, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0366 at http://www.regulations.gov, or via email to Christine 
Vineyard, at [email protected]. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. For either manner of submission, the EPA may publish 
any comment received to its public docket. Do not submit electronically 
any information you consider to be Confidential Business Information 
(CBI) or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e. on the web, cloud, or other 
file sharing system). For additional submission methods, please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section. 
For the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit http://www.epa.gov/dockets/commenting-epa-dockets.

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:

Table of Contents

I. Background Information
II. The EPA's Evaluation and Proposed Action
    A. What rule was submitted to update 40 CFR part 55?
    B. What criteria were used to evaluate the rule submitted to 
update 40 CFR part 55?
    C. Proposed Action and Public Comment
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background Information

    On September 4, 1992, the EPA promulgated 40 CFR part 55,\1\ which 
established requirements to control air pollution from OCS sources to 
attain and maintain federal and state ambient air quality standards and 
to comply with the provisions of part C of title I of the Act. Part 55 
applies to all OCS sources offshore of the states except those located 
in the Gulf of Mexico west of 87.5 degrees' longitude. Section 328 of 
the Act requires that for such sources located within 25 miles of a 
state's seaward boundary, the requirements shall be the same as would 
be applicable if the sources were located in the COA. Because the OCS 
requirements are based on onshore requirements, and onshore 
requirements may change, section 328(a)(1) requires that the EPA update 
the OCS requirements as necessary to maintain consistency with onshore 
requirements.
---------------------------------------------------------------------------

    \1\ The reader may refer to the Notice of Proposed Rulemaking, 
December 5, 1991 (56 FR 63774), and the preamble to the final rule 
promulgated September 4, 1992 (57 FR 40792) for further background 
and information on the OCS regulations.
---------------------------------------------------------------------------

    Pursuant to Sec.  55.12 of the OCS rule, consistency reviews will 
occur (1) at least annually; (2) upon receipt of a Notice of Intent 
under Sec.  55.4; or (3) when a state or local agency submits a rule to 
the EPA to be considered for incorporation by reference in part 55. 
This proposed action is being taken in response to the submittal of 
requirements by the Santa Barbara County APCD. Public comments received 
in writing within 30 days of publication of this document will be 
considered by the EPA before publishing a final rule. Section 328(a) of 
the Act requires that the 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, the EPA must incorporate applicable onshore 
rules into part 55 as they exist onshore. This limits the EPA's 
flexibility in deciding which requirements will be incorporated into 
part 55 and prevents the EPA from making substantive changes to the 
requirements it incorporates. As a result, the EPA may be incorporating 
rules into part 55 that do not conform to all of the 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

[[Page 28796]]

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 the EPA for inclusion in the SIP.

II. The EPA's Evaluation and Proposed Action

A. What rule was submitted to update 40 CFR part 55?

    The Santa Barbara County APCD submitted the following requirement 
to update 40 CFR part 55:

------------------------------------------------------------------------
           Rule No.                       Name             Revised date
------------------------------------------------------------------------
360..........................  Boilers, Water Heaters,          03/15/18
                                and Process Heaters
                                (0.075-2 MMBtu/hr.).
------------------------------------------------------------------------

    An earlier version of this rule is currently implemented on the 
OCS.

B. What criteria were used to evaluate the rule submitted to update 40 
CFR part 55?

    In proposing to update 40 CFR part 55, the EPA reviewed the rule 
submitted for inclusion in part 55 to ensure that it is rationally 
related to the attainment or maintenance of federal or state ambient 
air quality standards or to requirements of part C of title I of the 
Act, that it is not designed expressly to prevent exploration and 
development of the OCS and that it is potentially applicable to OCS 
sources. See 40 CFR 55.1 and 55.12(d)(2). The EPA has also evaluated 
the rule to ensure it is not arbitrary or capricious. See 40 CFR 
55.12(e). The EPA has excluded administrative and procedural rules \2\ 
and requirements concerning toxics, which are not related to the 
attainment and maintenance of federal and state ambient air quality 
standards.
---------------------------------------------------------------------------

    \2\ Each COA which has been delegated the authority to implement 
and enforce part 55 will use its administrative and procedural rules 
as onshore. However, in those instances where the EPA has not 
delegated authority to implement and enforce part 55, the EPA will 
use its own administrative and procedural requirements to implement 
the substantive requirements. 40 CFR 55.14(c)(4).
---------------------------------------------------------------------------

C. Proposed Action and Public Comment

    After review of the rule against the criteria set forth above and 
in 40 CFR part 55, the EPA is proposing to make Santa Barbara County 
APCD Rule 360 applicable to OCS sources. We will accept comments from 
the public on this proposal until July 23, 2018.

III. Incorporation by Reference

    In this document, the EPA is proposing to include in a final EPA 
rule regulatory text that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference the Santa Barbara County APCD rule set forth 
below. The EPA has made, and will continue to make, these materials 
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).

IV. Statutory and Executive Order Reviews

    Under the 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 
pollution control requirements. To comply with this statutory mandate, 
the EPA must incorporate applicable onshore rules into 40 CFR part 55 
as they exist onshore. See 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in 
promulgating OCS consistency updates, the EPA's role is to maintain 
consistency between OCS regulations and the regulations of onshore 
areas, provided that they meet the criteria of the CAA. Accordingly, 
this action simply updates the existing OCS requirements to make them 
consistent with requirements onshore, without the exercise of any 
policy direction by the EPA. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not expected to be an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866;
     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 Act; and
     Does not provide the 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 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 or 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. OMB approved EPA Information Collection Request No. 1601.08 on 
September 18, 2017. The current approval expires September 30, 2020. 
The total burden for collection of information under 40 CFR part 55 is 
estimated to be 27,018 hours per year, using the definition of burden 
provided in 5 CFR 1320.3(b). See 82 FR 21811, 21812 (May 10, 2017).

[[Page 28797]]

List of Subjects in 40 CFR Part 55

    Environmental protection, Administrative practice and procedure, 
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: May 31, 2018.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    For the reasons set out in the preamble, title 40 of the Code of 
Federal Regulations, part 55, is proposed to be 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 paragraph (e)(3)(ii)(F) to read 
as follows:


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, May 2018.
* * * * *
0
3. Appendix A to part 55 is amended by revising paragraph (b)(6) 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, May 2018:

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 Boilers, Water Heaters, and Process Heaters (0.075-2 MMBtu/
hr.) (Revised 03/15/18)
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)
* * * * *
[FR Doc. 2018-13347 Filed 6-20-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                                         Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Proposed Rules                                                  28795

                                                Technology Transfer and Advancement                     Barbara County Air Pollution Control                   IV. Statutory and Executive Order Reviews
                                                Act of 1995 (15 U.S.C. 272 note) because                District (‘‘Santa Barbara County APCD’’)               I. Background Information
                                                application of those requirements would                 is the designated COA. The intended
                                                be inconsistent with the CAA; and                       effect of approving the OCS                               On September 4, 1992, the EPA
                                                  • Do not provide EPA with the                         requirements for the Santa Barbara                     promulgated 40 CFR part 55,1 which
                                                discretionary authority to address, as                  County APCD is to regulate emissions                   established requirements to control air
                                                appropriate, disproportionate human                     from OCS sources in accordance with                    pollution from OCS sources to attain
                                                health or environmental effects, using                  the requirements onshore. The change                   and maintain federal and state ambient
                                                practicable and legally permissible                     to the existing requirements discussed                 air quality standards and to comply
                                                methods, under Executive Order 12898                    below is proposed to be incorporated by                with the provisions of part C of title I
                                                (59 FR 7629, February 16, 1994).                        reference into the Code of Federal                     of the Act. Part 55 applies to all OCS
                                                  The SIP is not approved to apply on                   Regulations and listed in the appendix                 sources offshore of the states except
                                                any Indian reservation land or in any                   to the OCS air regulations.                            those located in the Gulf of Mexico west
                                                other area where EPA or an Indian tribe                 DATES: Any comments must arrive by
                                                                                                                                                               of 87.5 degrees’ longitude. Section 328
                                                has demonstrated that a tribe has                       July 23, 2018.                                         of the Act requires that for such sources
                                                jurisdiction. In those areas of Indian                                                                         located within 25 miles of a state’s
                                                                                                        ADDRESSES: Submit your comments,
                                                country, the rule does not have tribal                                                                         seaward boundary, the requirements
                                                                                                        identified by Docket ID No. EPA–R09–
                                                implications as specified by Executive                                                                         shall be the same as would be
                                                                                                        OAR–2018–0366 at http://
                                                Order 13175 (65 FR 67249, November 9,                                                                          applicable if the sources were located in
                                                                                                        www.regulations.gov, or via email to
                                                                                                                                                               the COA. Because the OCS requirements
                                                2000), nor will it impose substantial                   Christine Vineyard, at
                                                                                                                                                               are based on onshore requirements, and
                                                direct costs on tribal governments or                   vineyard.christine@epa.gov. For
                                                                                                                                                               onshore requirements may change,
                                                preempt tribal law.                                     comments submitted at Regulations.gov,
                                                                                                                                                               section 328(a)(1) requires that the EPA
                                                List of Subjects in 40 CFR Part 52                      follow the online instructions for                     update the OCS requirements as
                                                                                                        submitting comments. Once submitted,                   necessary to maintain consistency with
                                                  Environmental protection, Air                         comments cannot be edited or removed
                                                pollution control, Incorporation by                                                                            onshore requirements.
                                                                                                        from Regulations.gov. For either manner                   Pursuant to § 55.12 of the OCS rule,
                                                reference, Intergovernmental relations,                 of submission, the EPA may publish any                 consistency reviews will occur (1) at
                                                Lead, Nitrogen dioxide, Ozone,                          comment received to its public docket.                 least annually; (2) upon receipt of a
                                                Particulate matter, Reporting and                       Do not submit electronically any                       Notice of Intent under § 55.4; or (3)
                                                recordkeeping requirements, Sulfur                      information you consider to be                         when a state or local agency submits a
                                                oxides.                                                 Confidential Business Information (CBI)                rule to the EPA to be considered for
                                                   Authority: 42 U.S.C. 7401 et seq.                    or other information whose disclosure is               incorporation by reference in part 55.
                                                  Dated: June 12, 2018.
                                                                                                        restricted by statute. Multimedia                      This proposed action is being taken in
                                                                                                        submissions (audio, video, etc.) must be               response to the submittal of
                                                Onis ‘‘Trey’’ Glenn, III,
                                                                                                        accompanied by a written comment.                      requirements by the Santa Barbara
                                                Regional Administrator, Region 4.                       The written comment is considered the                  County APCD. Public comments
                                                [FR Doc. 2018–13356 Filed 6–20–18; 8:45 am]             official comment and should include                    received in writing within 30 days of
                                                BILLING CODE 6560–50–P                                  discussion of all points you wish to                   publication of this document will be
                                                                                                        make. The EPA will generally not                       considered by the EPA before
                                                                                                        consider comments or comment                           publishing a final rule. Section 328(a) of
                                                ENVIRONMENTAL PROTECTION                                contents located outside of the primary                the Act requires that the EPA establish
                                                AGENCY                                                  submission (i.e. on the web, cloud, or                 requirements to control air pollution
                                                                                                        other file sharing system). For                        from OCS sources located within 25
                                                40 CFR Part 55
                                                                                                        additional submission methods, please                  miles of states’ seaward boundaries that
                                                [EPA–R09–OAR–2018–0366; FRL–9979–                       contact the person identified in the FOR               are the same as onshore requirements.
                                                36—Region 9]                                            FURTHER INFORMATION CONTACT section.                   To comply with this statutory mandate,
                                                                                                        For the full EPA public comment policy,                the EPA must incorporate applicable
                                                Outer Continental Shelf Air                             information about CBI or multimedia
                                                Regulations; Consistency Update for                                                                            onshore rules into part 55 as they exist
                                                                                                        submissions, and general guidance on                   onshore. This limits the EPA’s
                                                California                                              making effective comments, please visit                flexibility in deciding which
                                                AGENCY:  Environmental Protection                       http://www.epa.gov/dockets/                            requirements will be incorporated into
                                                Agency (EPA)                                            commenting-epa-dockets.                                part 55 and prevents the EPA from
                                                ACTION: Proposed rule.                                  FOR FURTHER INFORMATION CONTACT:                       making substantive changes to the
                                                                                                        Christine Vineyard, Air Division (Air-4),              requirements it incorporates. As a
                                                SUMMARY:   The Environmental Protection                 U.S. EPA Region 9, 75 Hawthorne                        result, the EPA may be incorporating
                                                Agency (EPA) is proposing to update a                   Street, San Francisco, CA 94105, (415)                 rules into part 55 that do not conform
                                                portion of the Outer Continental Shelf                  947–4125, vineyard.christine@epa.gov.                  to all of the EPA’s state implementation
                                                (OCS) Air Regulations. Requirements                     SUPPLEMENTARY INFORMATION:                             plan (SIP) guidance or certain
                                                applying to OCS sources located within                                                                         requirements of the Act. Consistency
                                                25 miles of states’ seaward boundaries                  Table of Contents
                                                                                                                                                               updates may result in the inclusion of
amozie on DSK3GDR082PROD with PROPOSALS1




                                                must be updated periodically to remain                  I. Background Information                              state or local rules or regulations into
                                                consistent with the requirements of the                 II. The EPA’s Evaluation and Proposed                  part 55, even though the same rules may
                                                corresponding onshore area (COA), as                          Action
                                                mandated by section 328(a)(1) of the                       A. What rule was submitted to update 40               1 The reader may refer to the Notice of Proposed
                                                                                                              CFR part 55?                                     Rulemaking, December 5, 1991 (56 FR 63774), and
                                                Clean Air Act (‘‘the Act’’). The portion                   B. What criteria were used to evaluate the          the preamble to the final rule promulgated
                                                of the OCS air regulations that is being                      rule submitted to update 40 CFR part 55?         September 4, 1992 (57 FR 40792) for further
                                                updated pertains to the requirements for                   C. Proposed Action and Public Comment               background and information on the OCS
                                                OCS sources for which the Santa                         III. Incorporation by Reference                        regulations.



                                           VerDate Sep<11>2014   16:10 Jun 20, 2018   Jkt 244001   PO 00000   Frm 00011   Fmt 4702   Sfmt 4702   E:\FR\FM\21JNP1.SGM   21JNP1


                                                28796                           Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Proposed Rules

                                                ultimately be disapproved for inclusion                        II. The EPA’s Evaluation and Proposed
                                                as part of the SIP. Inclusion in the OCS                       Action
                                                rule does not imply that a rule meets the                      A. What rule was submitted to update
                                                requirements of the Act for SIP                                40 CFR part 55?
                                                approval, nor does it imply that the rule
                                                will be approved by the EPA for                                  The Santa Barbara County APCD
                                                                                                               submitted the following requirement to
                                                inclusion in the SIP.
                                                                                                               update 40 CFR part 55:

                                                        Rule No.                                                                            Name                                                                Revised date

                                                360 .........................   Boilers, Water Heaters, and Process Heaters (0.075–2 MMBtu/hr.) .............................................................       03/15/18



                                                  An earlier version of this rule is                           available through www.regulations.gov                        • Is not an economically significant
                                                currently implemented on the OCS.                              and at the EPA Region IX Office (please                    regulatory action based on health or
                                                                                                               contact the person identified in the FOR                   safety risks subject to Executive Order
                                                B. What criteria were used to evaluate
                                                                                                               FURTHER INFORMATION CONTACT section of                     13045 (62 FR 19885, April 23, 1997);
                                                the rule submitted to update 40 CFR
                                                part 55?
                                                                                                               this preamble for more information).                         • Is not a significant regulatory action
                                                                                                               IV. Statutory and Executive Order                          subject to Executive Order 13211 (66 FR
                                                   In proposing to update 40 CFR part                                                                                     28355, May 22, 2001);
                                                55, the EPA reviewed the rule submitted                        Reviews
                                                                                                                                                                            • Is not subject to requirements of
                                                for inclusion in part 55 to ensure that it                       Under the Act, the Administrator is                      section 12(d) of the National
                                                is rationally related to the attainment or                     required to establish requirements to                      Technology Transfer and Advancement
                                                maintenance of federal or state ambient                        control air pollution from OCS sources                     Act of 1995 (15 U.S.C. 272 note) because
                                                air quality standards or to requirements                       located within 25 miles of states’                         application of those requirements would
                                                of part C of title I of the Act, that it is                    seaward boundaries that are the same as                    be inconsistent with the Act; and
                                                not designed expressly to prevent                              onshore air pollution control
                                                                                                                                                                            • Does not provide the EPA with the
                                                exploration and development of the                             requirements. To comply with this
                                                OCS and that it is potentially applicable                                                                                 discretionary authority to address, as
                                                                                                               statutory mandate, the EPA must
                                                to OCS sources. See 40 CFR 55.1 and                                                                                       appropriate, disproportionate human
                                                                                                               incorporate applicable onshore rules
                                                55.12(d)(2). The EPA has also evaluated                                                                                   health or environmental effects, using
                                                                                                               into 40 CFR part 55 as they exist
                                                the rule to ensure it is not arbitrary or                                                                                 practicable and legally permissible
                                                                                                               onshore. See 42 U.S.C. 7627(a)(1); 40
                                                capricious. See 40 CFR 55.12(e). The                                                                                      methods, under Executive Order 12898
                                                                                                               CFR 55.12. Thus, in promulgating OCS
                                                EPA has excluded administrative and                                                                                       (59 FR 7629, February 16, 1994).
                                                                                                               consistency updates, the EPA’s role is to
                                                procedural rules 2 and requirements                                                                                         In addition, this rule does have tribal
                                                                                                               maintain consistency between OCS
                                                concerning toxics, which are not related                                                                                  implications as specified by Executive
                                                                                                               regulations and the regulations of
                                                to the attainment and maintenance of                                                                                      Order 13175 (65 FR 67249, November 9,
                                                                                                               onshore areas, provided that they meet
                                                federal and state ambient air quality                                                                                     2000), because it does not have a
                                                                                                               the criteria of the CAA. Accordingly,
                                                standards.                                                                                                                substantial direct effect on one or more
                                                                                                               this action simply updates the existing
                                                                                                                                                                          Indian tribes, on the relationship
                                                C. Proposed Action and Public                                  OCS requirements to make them
                                                                                                                                                                          between the Federal Government and
                                                Comment                                                        consistent with requirements onshore,
                                                                                                                                                                          Indian tribes, or on the distribution of
                                                                                                               without the exercise of any policy
                                                  After review of the rule against the                                                                                    power and responsibilities between the
                                                                                                               direction by the EPA. For that reason,
                                                criteria set forth above and in 40 CFR                                                                                    Federal Government and Indian tribes,
                                                                                                               this action:
                                                part 55, the EPA is proposing to make                             • Is not a significant regulatory action                nor does it impose substantial direct
                                                Santa Barbara County APCD Rule 360                             subject to review by the Office of                         compliance costs on tribal governments
                                                applicable to OCS sources. We will                             Management and Budget under                                or preempt tribal law.
                                                accept comments from the public on                             Executive Orders 12866 (58 FR 51735,                         Under the provisions of the
                                                this proposal until July 23, 2018.                             October 4, 1993) and 13563 (76 FR 3821,                    Paperwork Reduction Act, 44 U.S.C
                                                III. Incorporation by Reference                                January 21, 2011);                                         3501 et seq., an agency may not conduct
                                                                                                                  • Is not expected to be an Executive                    or sponsor, and a person is not required
                                                   In this document, the EPA is                                                                                           to respond to, a collection of
                                                                                                               Order 13771 regulatory action because
                                                proposing to include in a final EPA rule                                                                                  information unless it displays a
                                                                                                               this action is not significant under
                                                regulatory text that includes                                                                                             currently valid OMB control number.
                                                                                                               Executive Order 12866;
                                                incorporation by reference. In
                                                                                                                  • Is certified as not having a                          OMB has approved the information
                                                accordance with requirements of 1 CFR                                                                                     collection requirements contained in 40
                                                                                                               significant economic impact on a
                                                51.5, the EPA is proposing to                                                                                             CFR part 55 and, by extension, this
                                                                                                               substantial number of small entities
                                                incorporate by reference the Santa                                                                                        update to the rules, and has assigned
                                                                                                               under the Regulatory Flexibility Act (5
                                                Barbara County APCD rule set forth                                                                                        OMB control number 2060–0249. OMB
                                                                                                               U.S.C. 601 et seq.);
                                                below. The EPA has made, and will                                 • Does not contain any unfunded                         approved EPA Information Collection
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                                                continue to make, these materials                              mandate or significantly or uniquely                       Request No. 1601.08 on September 18,
                                                   2 Each COA which has been delegated the
                                                                                                               affect small governments, as described                     2017. The current approval expires
                                                authority to implement and enforce part 55 will use            in the Unfunded Mandates Reform Act                        September 30, 2020. The total burden
                                                its administrative and procedural rules as onshore.            of 1995 (Pub. L. 104–4);                                   for collection of information under 40
                                                However, in those instances where the EPA has not                 • Does not have Federalism                              CFR part 55 is estimated to be 27,018
                                                delegated authority to implement and enforce part              implications as specified in Executive                     hours per year, using the definition of
                                                55, the EPA will use its own administrative and
                                                procedural requirements to implement the                       Order 13132 (64 FR 43255, August 10,                       burden provided in 5 CFR 1320.3(b).
                                                substantive requirements. 40 CFR 55.14(c)(4).                  1999);                                                     See 82 FR 21811, 21812 (May 10, 2017).


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                                                                         Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Proposed Rules                                                28797

                                                List of Subjects in 40 CFR Part 55                      Rule 206 Conditional Approval of                       Rule 349 Polyester Resin Operations
                                                                                                          Authority to Construct or Permit to Operate            (Revised 06/21/12)
                                                  Environmental protection,                               (Revised 10/15/91)                                   Rule 352 Natural Gas-Fired Fan-Type
                                                Administrative practice and procedure,                  Rule 207 Denial of Application (Adopted                  Central Furnaces and Residential Water
                                                Air pollution control, Hydrocarbons,                      10/23/78)                                              Heaters (Revised 10/20/11)
                                                Incorporation by reference,                             Rule 210 Fees (Revised 03/17/05)                       Rule 353 Adhesives and Sealants (Revised
                                                Intergovernmental relations, Nitrogen                   Rule 212 Emission Statements (Adopted 10/                06/21/12)
                                                dioxide, Nitrogen oxides, Outer                           20/92)                                               Rule 359 Flares and Thermal Oxidizers
                                                continental shelf, Ozone, Particulate                   Rule 301 Circumvention (Adopted 10/23/                   (Adopted 06/28/94)
                                                                                                          78)                                                  Rule 360 Boilers, Water Heaters, and
                                                matter, Permits, Reporting and
                                                                                                        Rule 302 Visible Emissions (Revised 6/                   Process Heaters (0.075–2 MMBtu/hr.)
                                                recordkeeping requirements, Sulfur                        1981)                                                  (Revised 03/15/18)
                                                oxides.                                                 Rule 303 Nuisance (Adopted 10/23/78)                   Rule 361 Small Boilers, Steam Generators,
                                                  Dated: May 31, 2018.                                  Rule 304 Particulate Matter-Northern Zone                and Process Heaters (Adopted 01/17/08)
                                                Deborah Jordan,                                           (Adopted 10/23/78)                                   Rule 370 Potential to Emit—Limitations for
                                                                                                        Rule 305 Particulate Matter Concentration-               Part 70 Sources (Revised 01/20/11)
                                                Acting Regional Administrator, Region IX.                 Southern Zone (Adopted 10/23/78)                     Rule 505 Breakdown Conditions Sections
                                                  For the reasons set out in the                        Rule 306 Dust and Fumes-Northern Zone                    A., B.1, and D. only (Adopted 10/23/78)
                                                preamble, title 40 of the Code of Federal                 (Adopted 10/23/78)                                   Rule 603 Emergency Episode Plans
                                                Regulations, part 55, is proposed to be                 Rule 307 Particulate Matter Emission                     (Adopted 06/15/81)
                                                                                                          Weight Rate-Southern Zone (Adopted 10/               Rule 702 General Conformity (Adopted 10/
                                                amended as follows:                                       23/78)                                                 20/94)
                                                                                                        Rule 308 Incinerator Burning (Adopted 10/              Rule 801 New Source Review—Definitions
                                                PART 55—OUTER CONTINENTAL                                 23/78)                                                 and General Requirements (Revised 08/25/
                                                SHELF AIR REGULATIONS                                   Rule 309 Specific Contaminants (Adopted                  16)
                                                                                                          10/23/78)                                            Rule 802 New Source Review (Revised 08/
                                                ■ 1. The authority citation for part 55                 Rule 310 Odorous Organic Sulfides                        25/16)
                                                continues to read as follows:                             (Adopted 10/23/78)                                   Rule 804 Emission Offsets (Revised 08/25/
                                                  Authority: Section 328 of the Clean Air               Rule 311 Sulfur Content of Fuels (Adopted                16)
                                                Act (42 U.S.C. 7401, et seq.) as amended by               10/23/78)                                            Rule 805 Air Quality Impact Analysis,
                                                Public Law 101–549.                                     Rule 312 Open Fires (Adopted 10/02/90)                   Modeling, Monitoring, and Air Quality
                                                                                                        Rule 316 Storage and Transfer of Gasoline                Increment Consumption (Revised 08/25/
                                                ■ 2. Section 55.14 is amended by                                                                                 16)
                                                                                                          (Revised 01/15/09)
                                                revising paragraph (e)(3)(ii)(F) to read as                                                                    Rule 806 Emission Reduction Credits
                                                                                                        Rule 317 Organic Solvents (Adopted 10/23/
                                                follows:                                                  78)                                                    (Revised 08/25/16)
                                                                                                        Rule 318 Vacuum Producing Devices or                   Rule 808 New Source Review for Major
                                                § 55.14 Requirements that apply to OCS
                                                                                                          Systems-Southern Zone (Adopted 10/23/                  Sources of Hazardous Air Pollutants
                                                sources located within 25 miles of States’
                                                                                                          78)                                                    (Adopted 05/20/99)
                                                seaward boundaries, by State.
                                                                                                        Rule 321 Solvent Cleaning Operations                   Rule 809 Federal Minor Source New Source
                                                *      *   *     *      *                                 (Revised 06/21/12)                                     Review (Revised 08/25/16)
                                                  (e) * * *                                             Rule 322 Metal Surface Coating Thinner                 Rule 810 Federal Prevention of Significant
                                                  (3) * * *                                               and Reducer (Adopted 10/23/78)                         Deterioration (PSD) (Revised 06/20/13)
                                                  (ii) * * *                                            Rule 323 Architectural Coatings (Revised               Rule 1301 Part 70 Operating Permits—
                                                  (F) Santa Barbara County Air                            11/15/01)                                              General Information (Revised 08/25/16)
                                                Pollution Control District Requirements                 Rule 323.1 Architectural Coatings (Adopted             Rule 1302 Part 70 Operating Permits—
                                                Applicable to OCS Sources, May 2018.                      06/19/14, Effective 01/01/15)                          Permit Application (Adopted 11/09/93)
                                                                                                        Rule 324 Disposal and Evaporation of                   Rule 1303 Part 70 Operating Permits—
                                                *      *   *     *      *                                                                                        Permits (Revised 01/18/01)
                                                                                                          Solvents (Adopted 10/23/78)
                                                ■ 3. Appendix A to part 55 is amended                                                                          Rule 1304 Part 70 Operating Permits—
                                                                                                        Rule 325 Crude Oil Production and
                                                by revising paragraph (b)(6) under the                    Separation (Revised 07/19/01)                          Issuance, Renewal, Modification and
                                                heading ‘‘California’’ to read as follows:              Rule 326 Storage of Reactive Organic                     Reopening (Revised 01/18/01)
                                                                                                          Compound Liquids (Revised 01/18/01)                  Rule 1305 Part 70 Operating Permits—
                                                Appendix A to Part 55—Listing of State                                                                           Enforcement (Adopted 11/09/93)
                                                                                                        Rule 327 Organic Liquid Cargo Tank Vessel
                                                and Local Requirements Incorporated
                                                                                                          Loading (Revised 12/16/85)                           *       *    *     *      *
                                                by Reference into Part 55, by State                     Rule 328 Continuous Emission Monitoring                [FR Doc. 2018–13347 Filed 6–20–18; 8:45 am]
                                                *      *     *       *      *                             (Adopted 10/23/78)                                   BILLING CODE 6560–50–P
                                                                                                        Rule 330 Surface Coating of Metal Parts and
                                                California
                                                                                                          Products (Revised 06/21/12)
                                                *      *     *       *      *                           Rule 331 Fugitive Emissions Inspection and
                                                  (b) * * *                                               Maintenance (Revised 12/10/91)                       DEPARTMENT OF COMMERCE
                                                  (6) The following requirements are                    Rule 332 Petroleum Refinery Vacuum
                                                contained in Santa Barbara County Air                     Producing Systems, Wastewater Separators             National Oceanic and Atmospheric
                                                Pollution Control District Requirements                   and Process Turnarounds (Adopted 06/11/              Administration
                                                Applicable to OCS Sources, May 2018:                      79)
                                                Rule 102 Definitions (Revised 08/25/16)                 Rule 333 Control of Emissions from                     50 CFR Part 622
                                                Rule 103 Severability (Adopted 10/23/78)                  Reciprocating Internal Combustion Engines
                                                Rule 105 Applicability (Revised 08/25/16)                 (Adopted 06/19/08)                                   RIN 0648–BH72
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                                                Rule 107 Emergencies (Adopted 04/19/01)                 Rule 342 Control of Oxides of Nitrogen
                                                Rule 201 Permits Required (Revised 06/19/                 (NOX) from Boilers, Steam Generators and             Fisheries of the Caribbean, Gulf of
                                                  08)                                                     Process Heaters) (Revised 04/17/97)                  Mexico, and South Atlantic; Electronic
                                                Rule 202 Exemptions to Rule 201 (Revised                Rule 343 Petroleum Storage Tank Degassing              Reporting for Federally Permitted
                                                  08/25/16)                                               (Adopted 12/14/93)                                   Charter Vessels and Headboats in Gulf
                                                Rule 203 Transfer (Revised 04/17/97)                    Rule 344 Petroleum Sumps, Pits, and Well               of Mexico Fisheries
                                                Rule 204 Applications (Revised 08/25/16)                  Cellars (Adopted 11/10/94)
                                                Rule 205 Standards for Granting Permits                 Rule 346 Loading of Organic Liquid Cargo               AGENCY:  National Marine Fisheries
                                                  (Revised 04/17/97)                                      Vessels (Revised 01/18/01)                           Service (NMFS), National Oceanic and


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Document Created: 2018-06-21 01:22:51
Document Modified: 2018-06-21 01:22:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesAny comments must arrive by July 23, 2018.
ContactChristine Vineyard, Air Division (Air- 4), U.S. EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105, (415) 947-4125, [email protected]
FR Citation83 FR 28795 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; 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

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