Federal Register: June 22, 2006 (Volume 71, Number 120)
DOCID: FR Doc E6-9746
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 55
OAR ID: [OAR-2004-0091; FRL-8052-3]
NOTICE: RULES
ACTION: Air programs:
DOCUMENT ACTION: Final rule--consistency update.
SUBJECT CATEGORY:
Outer Continental Shelf Air Regulations; Consistency Update for California
DATES: Effective Date: This rule is effective on July 24, 2006.
The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of July 24, 2006.
DOCUMENT SUMMARY:
EPA is finalizing the updates of the Outer Continental Shelf (``OCS'') Air Regulations proposed in the Federal Register on December 1, 2005 and July 6, 2005. 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 Amendments of 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, South Coast Air Quality Management District, State of California and Ventura County Air Pollution Control District are the designated COAs. The intended effect of approving the requirements contained in ``Santa Barbara County Air Pollution Control District Requirements Applicable to OCS Sources'' (February, 2006), ``South Coast Air Quality Management District Requirements Applicable to OCS Sources'' (Parts I, II and III) (February, 2006), ``State of California Requirements Applicable to OCS Sources'' (February, 2006), and ``Ventura County Air Pollution Control District Requirements Applicable to OCS Sources'' (February, 2006) is to regulate emissions from OCS sources in accordance with the requirements onshore.
SUMMARY:
Outer Continental Shelf regulations—; California; consistency update,
SUPPLEMENTAL INFORMATION
[[Page 35805]]
I. Background
Throughout this document, the terms ``we,'' ``us,'' and ``our'' refer to U.S. EPA.
On July 6, 2005 (70 FR 38840), EPA proposed to approve requirements into the OCS Air Regulations pertaining to Santa Barbara County APCD and Ventura County APCD. On December 1, 2005 (70 FR 72094), EPA proposed to approve requirements into the OCS Air Regulations pertaining to South Coast AQMD and the State of California. These requirements are being promulgated in response to the submittal of rules from these California air pollution control agencies. 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). In addition, EPA has excluded administrative or procedural rules.
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 30day public comment periods. During these periods, we received no comments on the proposed actions. We received late comments to our December proposal from one party, the Western States Petroleum Association (WSPA), which submitted comments by letter dated January 31, 2006, over three weeks after the deadline. While EPA is not obligated to consider late comments, EPA has elected to do so in this instance. WSPA objects to the proposed promulgation of California's Airborne Toxic Control Measure for Stationary Compression Ignition Engines (``ATCM'') under 40 CFR part 55. Our responses to WSPA's specific comments are provided below.
Comment: WSPA had the understanding that the California Air Resources Board (CARB) did not intend to submit the ATCM to EPA for promulgation under the OCS regulations at 40 CFR part 55.
Response: We checked with CARB representatives who confirmed their intention to include the ATCM in the package of rules submitted to EPA for promulgation under 40 CFR part 55.
Comment: WSPA contends that promulgation of the ATCM under 40 CFR part 55 is unnecessary because the ATCM was developed to protect public health of receptors near the vicinity of stationary diesel engines and no such receptors are located in the vicinities of the platforms in the OCS.
Response: We recognize that the primary purpose of the ATCM is to reduce the general public's exposure to diesel particulate matter (PM) from stationary dieselfueled engines and that exposure of the general public to emissions from engines located on OCS platforms is minimal. However, we understand that CARB accounted for this relative lack of impact on nearby receptor locations by providing an exemption from operating requirements and emission standards for stationary diesel fueled engines used solely on OCS platforms. See section 93115(c)(10) of title 17, California Code of Regulations. Also, we recognize, based on CARB's Staff Report: Initial Statement of Reasons for Proposed Rulemaking (September 2003), that the ATCM serves other regulatory and planning purposes as well, such as establishing a record of where stationary compressionignition (CI) engines are located, what fuel they use, and how they are operated and requiring new and inuse stationary CI engines to meet specified fuel requirements. Thus, the relative lack of impact on nearby receptor locations does not make promulgation of the ATCM under 40 CFR part 55 unnecessary or inappropriate.
Comment: WSPA contends that promulgation of the ATCM under 40 CFR part 55 is unnecessary because diesel engines operated on OCS platforms are exempt from the emissions control requirements of the ATCM.
Response: WSPA is correct that the ATCM exempts stationary diesel fueled engines used solely on OCS platforms from operating requirements and emission standards (see section 93115(c)(10) of title 17, California Code of Regulations). However, such engines are not exempt from the fuels requirements of the ATCM nor are they exempt from the recordkeeping, reporting and monitoring requirements of the rule. Such requirements further legitimate air quality regulatory and planning purposes and thus the exemption for OCS sources from operating requirements and emission standards does not make promulgation of the ATCM under 40 CFR part 55 unnecessary or inappropriate.
Comment: WSPA contends that promulgation of the ATCM under 40 CFR part 55 is unnecessary because the ATCM would establish requirements related to fuel specifications and usage, engine operations, and administrative recordkeeping and monitoring that have already been addressed in local air district rules or under federally enforceable permit conditions.
Response: We may reasonably presume based on the fact that CARB submitted the ATCM to EPA for promulgation under 40 CFR part 55 that the ATCM is not entirely duplicative of local air district rules or federallyenforceable permit conditions. Even if all OCS sources currently voluntarily comply with the ATCM fuel and recordkeeping requirements (which WSPA has not demonstrated), it would still be reasonable to assure compliance continues by incorporating the requirements into part 55.
Comment: WSPA contends that, depending upon how Santa Barbara County Air Pollution Control District (SBCAPCD) implements the ATCM, promulgation of the ATCM under 40 CFR part 55 could preclude the ability of companies to conduct normal business projects by imposing permit and offset requirements on engines that are used for drilling operations in the OCS and that are currently exempt from such requirements.
Response: Today's action, i.e., promulgation of the ATCM under 40
CFR part 55, does not result in any changes to permit exemptions or
offset requirements as they relate to OCS sources. If SBCAPCD decides
to modify the local rules and regulations so as to extend permitting
and offset applicability to engines used in offshore drilling
operations that are currently exempt, the modifications in the rules will not apply to OCS sources
[[Page 35806]]
until the rules are submitted and approved by EPA in a future part 55
rulemaking. The mere hypothetical possibility of purported adverse
consequences for future offshore drilling operations in the OCS in the
wake of one possible regulatory response by SBCAPCD provides us with no
basis upon which to decline to promulgate the ATCM under 40 CFR part 55.
III. EPA Action
In this document, EPA takes final action to incorporate the
proposed changes into 40 CFR part 55. No changes were made to the
proposed actions. EPA is approving the proposed actions under section
328(a)(1) of the Act, 42 U.S.C. 7627. 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. Administrative Requirements
A. Executive Order 12866, Regulatory Planning and Review
The Office of Management and Budget (OMB) has exempted this regulatory action from Executive Order 12866, entitled ``Regulatory Planning and Review.''
B. Paperwork Reduction Act
This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small notforprofit enterprises, and small governmental jurisdictions.
As was stated in the final OCS regulation, the OCS rule does not apply to any small entities, and the structure of the rule averts direct impacts and mitigates indirect impacts on small entities. This consistency update merely incorporates onshore requirements into the OCS rule to maintain consistency with onshore regulations as required by section 328 of the Act and does not alter the structure of the rule.
The EPA certifies that this notice of final rulemaking will not have a significant impact on a substantial number of small entities. D. Unfunded Mandates Reform Act
Under sections 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA must prepare a budgetary impact statement to accompany any proposed or final rule that includes a Federal mandate that may result in estimated costs to State, local, or tribal governments in the aggregate; or to the private sector, of $100 million or more. Under section 205, EPA must select the most costeffective and least burdensome alternative that achieves the objectives of the rule and is consistent with statutory requirements. Section 203 requires EPA to establish a plan for informing and advising any small governments that may be significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not include a Federal mandate that may result in estimated costs of $100 million or more to either State, local, or tribal governments in the aggregate, or to the private sector. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, result from this action.
E. Executive Order 13132, Federalism
Federalism (64 FR 43255, August 10, 1999) revokes and replaces Executive Orders 12612 (Federalism) and 12875 (Enhancing the Intergovernmental Partnership). Executive Order 13132 requires EPA to develop an accountable process to ensure ``meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' ``Policies that have federalism implications'' is defined in the Executive Order to include regulations that have ``substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' Under Executive Order 13132, EPA may not issue a regulation that has federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, or EPA consults with State and local officials early in the process of developing the proposed regulation. EPA also may not issue a regulation that has federalism implications and that preempts State law unless the Agency consults with State and local officials early in the process of developing the proposed regulation.
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132, because it
merely approves a state rule implementing a state or federal standard,
and does not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. Thus, the
requirements of section 6 of the Executive Order do not apply to this rule.
F. Executive Order 13175, Coordination With Indian Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
tribal implications, as specified in Executive Order 13175. It will not
have substantial direct effects on tribal governments, 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. Thus, Executive Order 13175 does not apply to this rule.
G. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks
Protection of Children From Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is determined to be ``economically significant'' as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency.
This rule is not subject to Executive Order 13045 because it does not involve
[[Page 35807]]
decisions intended to mitigate environmental health or safety risks.
H. Executive Order 13211, Actions That Significantly Affect Energy Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act (NTTAA) of 1995 requires Federal agencies to evaluate existing technical standards when developing a new regulation. To comply with NTTAA, EPA must consider and use ``voluntary consensus standards'' (VCS) if available and applicable when developing programs and policies unless doing so would be inconsistent with applicable law or otherwise impractical.
The EPA believes that VCS are inapplicable to this action. Today's action does not require the public to perform activities conducive to the use of VCS.
J. Congressional Review Act
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 rule 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). This action will be effective July 24, 2006.
K. Petitions for Judicial Review
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 August 21, 2006. Filing a petition for reconsideration by the Administrator of this final action 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.
Editorial Note: This document was received at the Office of the Federal Register on June 16, 2006.
Dated: March 21, 2006.
Wayne Nastri,
Regional Administrator, Region IX.
Title 40, Chapter I of the Code of Federal Regulations, is to be amended as follows:
PART 55[AMENDED]
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 101549.
2. Section 55.14 is amended by revising paragraphs (e)(3)(i)(A),
(e)(3)(ii)(F), (e)(3)(ii)(G), and (e)(3)(ii)(H) 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) * * *
(i) * * *
(A) State of California Requirements Applicable to OCS Sources, February 2006.
(ii) * * *
(F) Santa Barbara County Air Pollution Control District Requirements Applicable to OCS Sources, February 2006.
(G) South Coast Air Quality Management District Requirements
Applicable to OCS Sources (Part I, II and Part III), February 2006.
(H) Ventura County Air Pollution Control District Requirements Applicable to OCS Sources, February 2006.
* * * * *
3. Appendix A to CFR part 55 is amended by revising paragraphs (a)(1)
and (b)(6), (7), and (8) under the heading ``California'' to read as follows:
Appendix A to Part 55Listing of State and Local Requirements Incorporated by Reference Into Part 55, by State
* * * * *
California
(a) * * * (1) The following requirements are contained in State
of California Requirements Applicable to OCS Sources, February 2006: Barclays California Code of Regulations
The following sections of Title 17 Subchapter 6: 17 Sec. 92000Definitions (Adopted 5/31/91)
17 Sec. 92100Scope and Policy (Adopted 5/31/91)
17 Sec. 92200Visible Emission Standards (Adopted 5/31/91)
17 Sec. 92210Nuisance Prohibition (Adopted 5/31/91)
17 Sec. 92220Compliance with Performance Standards (Adopted 5/31/ 91)
17 Sec. 92400Visible Evaluation Techniques (Adopted 5/31/91) 17 Sec. 92500General Provisions (Adopted 5/31/91)
17 Sec. 92510Pavement Marking (Adopted 5/31/91)
17 Sec. 92520Stucco and Concrete (Adopted 5/31/91)
17 Sec. 92530Certified Abrasive (Adopted 5/31/91)
17 Sec. 92540Stucco and Concrete (Adopted 5/31/91)
17 Sec. 93115Airborne Toxic Control Measure for Stationary Compression Ignition Engines (Adopted 2/26/04)
Health and Safety Code
The following section of Division 26, Part 4, Chapter 4, Article 1:
Health and Safety Code Sec. 42301.13 of seq. Stationary sources: demolition or removal (chaptered 7/25/96)
(b) * * *
(6) The following requirements are contained in Santa Barbara
County Air Pollution Control District Requirements Applicable to OCS Sources, February 2006:
Rule 102Definitions(Adopted 01/20/05)
Rule 103Severability(Adopted 10/23/78)
Rule 106Notice to Comply for Minor Violations(Adopted 07/15/99) Rule 107Emergencies(Adopted 04/19/01)
Rule 201Permits Required(Adopted 04/17/97)
Rule 202Exemptions to Rule 201(Adopted 03/17/05)
Rule 203Transfer(Adopted 04/17/97)
Rule 204Applications(Adopted 04/17/97)
Rule 205Standards for Granting Permits(Adopted 04/17/97)
Rule 206Conditional Approval of Authority to Construct or Permit to Operate(Adopted 10/15/91)
Rule 207Denial of Application(Adopted 10/23/78)
Rule 210Fees(Adopted 03/17/05)
Rule 212Emission Statements(Adopted 10/20/92)
Rule 301Circumvention(Adopted 10/23/78)
Rule 302Visible Emissions(Adopted 10/23/78)
Rule 304Particulate MatterNorthern Zone(Adopted 10/23/78)
Rule 305Particulate Matter ConcentrationSouthern Zone(Adopted 10/23/78)
Rule 306Dust and FumesNorthern Zone(Adopted 10/23/78)
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Rule 307Particulate Matter Emission Weight RateSouthern Zone (Adopted 10/23/78)
Rule 308Incinerator Burning(Adopted 10/23/78)
Rule 309Specific Contaminants(Adopted 10/23/78)
Rule 310Odorous Organic Sulfides(Adopted 10/23/78)
Rule 311Sulfur Content of Fuels(Adopted 10/23/78)
Rule 312Open Fires(Adopted 10/02/90)
Rule 316Storage and Transfer of Gasoline(Adopted 04/17/97)
Rule 317Organic Solvents(Adopted 10/23/78)
Rule 318Vacuum Producing Devices or SystemsSouthern Zone
(Adopted 10/23/78)
Rule 321Solvent Cleaning Operations(Adopted 09/18/97)
Rule 322Metal Surface Coating Thinner and Reducer(Adopted 10/23/ 78)
Rule 323Architectural Coatings(Adopted 11/15/01)
Rule 324Disposal and Evaporation of Solvents(Adopted 10/23/78)
Rule 325Crude Oil Production and Separation(Adopted 07/19/01)
Rule 326Storage of Reactive Organic Compound Liquids(Adopted 01/ 18/01)
Rule 327Organic Liquid Cargo Tank Vessel Loading(Adopted 12/16/ 85)
Rule 328Continuous Emission Monitoring(Adopted 10/23/78)
Rule 330Surface Coating of Metal Parts and Products(Adopted 01/ 20/00)
Rule 331Fugitive Emissions Inspection and Maintenance(Adopted 12/10/91)
Rule 332Petroleum Refinery Vacuum Producing Systems, Wastewater Separators and Process Turnarounds(Adopted 06/11/79)
Rule 333Control of Emissions from Reciprocating Internal
Combustion Engines(Adopted 04/17/97)
Rule 342Control of Oxides of Nitrogen (NO
Rule 344Petroleum Sumps, Pits, and Well Cellars(Adopted 11/10/ 94)
Rule 346Loading of Organic Liquid Cargo Vessels(Adopted 01/18/ 01)
Rule 352Natural GasFired FanType Central Furnaces and
Residential Water Heaters(Adopted 09/16/99)
Rule 353Adhesives and Sealants(Adopted 08/19/99)
Rule 359Flares and Thermal Oxidizers (Adopted 06/28/94)
Rule 360Emissions of Oxides of Nitrogen from Large Water Heaters and Small Boilers (Adopted 10/17/02)
Rule 370Potential to EmitLimitations for Part 70 Sources
(Adopted 06/15/95)
Rule 505Breakdown Conditions Sections A., B.1,. and D. only (Adopted 10/23/78)
Rule 603Emergency Episode Plans (Adopted 06/15/81)
Rule 702General Conformity (Adopted 10/20/94)
Rule 801New Source Review (Adopted 04/17/97)
Rule 802Nonattainment Review (Adopted 04/17/97)
Rule 803Prevention of Significant Deterioration (Adopted 04/17/97) Rule 804Emission Offsets (Adopted 04/17/97)
Rule 805Air Quality Impact Analysis and Modeling (Adopted 04/17/ 97)
Rule 808New Source Review for Major Sources of Hazardous Air Pollutants (Adopted 05/20/99)
Rule 1301Part 70 Operating PermitsGeneral Information (Adopted 06/19/03)
Rule 1302Part 70 Operating PermitsPermit Application (Adopted 11/09/93)
Rule 1303Part 70 Operating PermitsPermits (Adopted 11/09/93) Rule 1304Part 70 Operating PermitsIssuance, Renewal,
Modification and Reopening (Adopted 11/09/93)
Rule 1305Part 70 Operating PermitsEnforcement (Adopted 11/09/93)
(7) The following requirements are contained in South Coast Air
Quality Management District Requirements Applicable to OCS Sources (Part I, II and III), February 2006:
Rule 102Definition of Terms (Adopted 12/3/04)
Rule 103Definition of Geographical Areas (Adopted 01/9/76)
Rule 104Reporting of Source Test Data and Analyses (Adopted 01/9/ 76)
Rule 108Alternative Emission Control Plans (Adopted 04/6/90)
Rule 109Recordkeeping for Volatile Organic Compound Emissions (Adopted 08/18/00)
Rule 112Definition of Minor Violation and Guidelines for Issuance of Notice to Comply (Adopted 11/13/98)
Rule 118Emergencies (Adopted 12/07/95)
Rule 201Permit to Construct (Adopted 12/03/04)
Rule 201.1Permit Conditions in Federally Issued Permits to Construct (Adopted 12/03/04)
Rule 202Temporary Permit to Operate (Adopted 12/03/04)
Rule 203Permit to Operate (Adopted 12/03/04)
Rule 204Permit Conditions (Adopted 03/6/92)
Rule 205Expiration of Permits to Construct (Adopted 01/05/90) Rule 206Posting of Permit to Operate (Adopted 01/05/90)
Rule 207Altering or Falsifying of Permit (Adopted 01/09/76)
Rule 208Permit and Burn Authorization for Open Burning (Adopted 12/21/01)
Rule 209Transfer and Voiding of Permits (Adopted 01/05/90)
Rule 210Applications (Adopted 01/05/90)
Rule 212Standards for Approving Permits (Adopted 12/07/95) except (c)(3) and (e)
Rule 214Denial of Permits (Adopted 01/05/90)
Rule 217Provisions for Sampling and Testing Facilities (Adopted 01/05/90)
Rule 218Continuous Emission Monitoring (Adopted 05/14/99)
Rule 218.1Continuous Emission Monitoring Performance
Specifications (Adopted 05/14/99)
Rule 218.1Attachment ASupplemental and Alternative CEMS
Performance Requirements (Adopted 05/14/99)
Rule 219Equipment Not Requiring a Written Permit Pursuant to Regulation II (Adopted 12/03/04)
Rule 220ExemptionNet Increase in Emissions (Adopted 08/07/81) Rule 221Plans (Adopted 01/04/85)
Rule 301Permitting and Associated Fees (Adopted 06/03/05) except (e)(7)and Table IV
Rule 304Equipment, Materials, and Ambient Air Analyses (Adopted 06/03/05)
Rule 304.1Analyses Fees (Adopted 06/03/05)
Rule 305Fees for Acid Deposition (Adopted 10/04/91)
Rule 306Plan Fees (Adopted 06/03/05)
Rule 309Fees for Regulation XVI (Adopted 06/03/05)
Rule 401Visible Emissions (Adopted 11/09/01)
Rule 403Fugitive Dust (Adopted 06/03/05)
Rule 404Particulate MatterConcentration (Adopted 02/07/86)
Rule 405Solid Particulate MatterWeight (Adopted 02/07/86)
Rule 407Liquid and Gaseous Air Contaminants (Adopted 04/02/82) Rule 408Circumvention (Adopted 05/07/76)
Rule 409Combustion Contaminants (Adopted 08/07/81)
Rule 429StartUp and Shutdown Exemption Provisions for Oxides of Nitrogen (Adopted 12/21/90)
Rule 430Breakdown Provisions, (a) and (b) only (Adopted 07/12/96)
Rule 431.1Sulfur Content of Gaseous Fuels (Adopted 06/12/98)
Rule 431.2Sulfur Content of Liquid Fuels (Adopted 09/15/00) Rule 431.3Sulfur Content of Fossil Fuels (Adopted 05/7/76)
Rule 441Research Operations (Adopted 05/7/76)
Rule 442Usage of Solvents (Adopted 12/15/00)
Rule 444Open Burning (Adopted 12/21/01)
Rule 463Organic Liquid Storage (Adopted 05/06/05)
Rule 465Refinery VacuumProducing Devices or Systems (Adopted 08/ 13/99)
Rule 468Sulfur Recovery Units (Adopted 10/08/76)
Rule 473Disposal of Solid and Liquid Wastes (Adopted 05/07/76)
Rule 474Fuel Burning EquipmentOxides of Nitrogen (Adopted 12/04/ 81)
Rule 475Electric Power Generating Equipment (Adopted 08/07/78) Rule 476Steam Generating Equipment (Adopted 10/08/76)
Rule 480Natural Gas Fired Control Devices (Adopted 10/07/77) Addendum to Regulation IV (Effective 1977)
Rule 518Variance Procedures for Title V Facilities (Adopted 08/11/ 95)
Rule 518.1Permit Appeal Procedures for Title V Facilities (Adopted 08/11/95)
Rule 518.2Federal Alternative Operating Conditions (Adopted 12/21/ 01)
Rule 701Air Pollution Emergency Contingency Actions (Adopted 06/ 13/97)
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Rule 702Definitions (Adopted 07/11/80)
Rule 708Plans (Rescinded 09/08/95)
Regulation IXStandard of Performance For New Stationary Sources (Adopted 05/11/01)
Reg. XNational Emission Standards for Hazardous Air Pollutants (NESHAPS) (Adopted 05/11/01)
Rule 1105.1Reduction of PM
Rule 1106Marine Coating Operations (Adopted 01/13/95)
Rule 1107Coating of Metal Parts and Products (Adopted 11/09/01)
Rule 1109Emissions of Oxides of Nitrogen for Boilers and Process Heaters in Petroleum Refineries (Adopted 08/05/88)
Rule 1110Emissions from Stationary Internal Combustion Engines (Demonstration) (Repealed 11/14/97)
Rule 1110.1Emissions from Stationary Internal Combustion Engines (Rescinded 06/03/05)
Rule 1110.2Emissions from Gaseous and LiquidFueled Engines (Adopted 06/03/05)
Rule 1113Architectural Coatings (Adopted 07/09/04)
Rule 1116.1Lightering Vessel OperationsSulfur Content of Bunker Fuel (Adopted 10/20/78)
Rule 1121Control of Nitrogen Oxides from ResidentialType Natural GasFired Water Heaters (Adopted 09/03/04)
Rule 1122Solvent Degreasers (Adopted 10/01/04)
Rule 1123Refinery Process Turnarounds (Adopted 12/07/90)
Rule 1125Metal Container, Closure, and Coil Coating Operations (Adopted 01/13/95)
Rule 1129Aerosol Coatings (Adopted 03/08/96)
Rule 1132Further Control of VOC Emissions from HighEmitting Spray Booth Facilities (Adopted 5/07/04)
Rule 1134Emissions of Oxides of Nitrogen from Stationary Gas Turbines (Adopted 08/08/97)
Rule 1136Wood Products Coatings (Adopted 06/14/96)
Rule 1137PM
Rule 1140Abrasive Blasting (Adopted 08/02/85)
Rule 1142Marine Tank Vessel Operations (Adopted 07/19/91)
Rule 1146Emissions of Oxides of Nitrogen from Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process Heaters (Adopted 11/17/00)
Rule 1146.1Emission of Oxides of Nitrogen from Small Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process Heaters (Adopted 05/13/94)
Rule 1146.2Emissions of Oxides of Nitrogen from Large Water Heaters and Small Boilers (Adopted 01/07/05)
Rule 1148Thermally Enhanced Oil Recovery Wells (Adopted 11/05/82)
Rule 1149Storage Tank Cleaning And Degassing (Adopted 07/14/95) Rule 1162Polyester Resin Operations (Adopted 07/09/04)
Rule 1168Adhesive and Sealant Applications (Adopted 01/07/05) Rule 1171Solvent Cleaning Operations (Adopted 05/06/05)
Rule 1173Control of Volatile Organic Compounds Leaks and Releases
From Components At Petroleum Facilities and Chemical Plants (Adopted 12/06/02)
Rule 1176VOC Emissions from Wastewater Systems (Adopted 09/13/96)
Rule 1178Further Reductions of VOC Emissions from Storage Tanks at Petroleum Facilities (Adopted 12/21/01)
Rule 1301General (Adopted 12/07/95)
Rule 1302Definitions (Adopted 12/06/02)
Rule 1303Requirements (Adopted 12/06/02)
Rule 1304Exemptions (Adopted 06/14/96)
Rule 1306Emission Calculations (Adopted 12/06/02)
Rule 1313Permits to Operate (Adopted 12/07/95)
Rule 1403Asbestos Emissions from Demolition/Renovation Activities (Adopted 04/08/94)
Rule 1470Requirements for Stationary DieselFueled Internal
Combustion and Other Compression Ignition Engines (Adopted 03/04/05) Rule 1605Credits for the Voluntary Repair of OnRoad Motor
Vehicles Identified Through Remote Sensing Devices (Adopted 10/11/ 96)
Rule 1610OldVehicle Scrapping (Adopted 2/12/99)
Rule 1612Credits for Clean OnRoad Vehicles (Adopted 07/10/98)
Rule 1612.1 Mobile Source Credit Generation Pilot Program (Adopted 03/16/01)
Rule 1620Credits for Clean OffRoad Mobile Equipment (Adopted 07/ 10/98)
Rule 1701General (Adopted 08/13/99)
Rule 1702Definitions (Adopted 08/13/99)
Rule 1703PSD Analysis (Adopted 10/07/88)
Rule 1704Exemptions (Adopted 08/13/99)
Rule 1706Emission Calculations (Adopted 08/13/99)
Rule 1713Source Obligation (Adopted 10/07/88)
Regulation XVIIAppendix (effective 1977)
Rule 1901General Conformity (Adopted 09/09/94)
Regulation XXRegional Clean Air Incentives Market (Reclaim) Rule 2000General (Adopted 05/06/05)
Rule 2001Applicability (Adopted 05/06/05)
Rule 2002Allocations for Oxides of Nitrogen (NO
Rule 2004Requirements (Adopted 05/11/01) except (l)
Rule 2005New Source Review for RECLAIM (Adopted 05/06/05) except (i)
Rule 2006Permits (Adopted 05/11/01)
Rule 2007Trading Requirements (Adopted 05/06/05)
Rule 2008Mobile Source Credits (Adopted 10/15/93)
Rule 2009Compliance Plan for Power Producing Facilities (Adopted 01/07/05)
Rule 2010Administrative Remedies and Sanctions (Adopted 01/07/05)
Rule 2011Requirements for Monitoring, Reporting, and Recordkeeping for Oxides of Sulfur (SOx) Emissions (Adopted 05/06/05)
Appendix A Volume IV(Protocol for oxides of sulfur) (Adopted 05/ 06/05)
Rule 2012Requirements for Monitoring, Reporting, and Recordkeeping
for Oxides of Nitrogen (NO
Rule 2015Backstop Provisions (Adopted 06/04/04) except (b)(1)(G) and (b)(3)(B)
Rule 2020RECLAIM Reserve (Adopted 05/11/01)
Rule 2100Registration of Portable Equipment (Adopted 07/11/97)
Rule 2506Area Source Credits for NO
XXXTitle V Permits
Rule 3000General (Adopted 11/14/97)
Rule 3001Applicability (Adopted 11/14/97)
Rule 3002Requirements (Adopted 11/14/97)
Rule 3003Applications (Adopted 03/16/01)
Rule 3004Permit Types and Content (Adopted 12/12/97)
Rule 3005Permit Revisions (Adopted 03/16/01)
Rule 3006Public Participation (Adopted 11/14/97)
Rule 3007Effect of Permit (Adopted 10/08/93)
Rule 3008Potential To Emit Limitations (Adopted 03/16/01)
XXXIAcid Rain Permit Program (Adopted 02/10/95)
(8) The following requirements are contained in Ventura County
Air Pollution Control District Requirements Applicable to OCS Sources, February 2006:
Rule 2Definitions (Adopted 04/13/04)
Rule 5Effective Date (Adopted 04/13/04)
Rule 6Severability (Adopted 11/21/78)
Rule 7Zone Boundaries (Adopted 06/14/77)
Rule 10Permits Required (Adopted 04/13/04)
Rule 11Definition for Regulation II (Adopted 06/13/95)
Rule 12Applications for Permits (Adopted 06/13/95)
Rule 13Action on Applications for an Authority to Construct (Adopted 06/13/95)
Rule 14Action on Applications for a Permit to Operate (Adopted 06/ 13/95)
Rule 15.1Sampling and Testing Facilities (Adopted 10/12/93) Rule 16BACT Certification (Adopted 06/13/95)
Rule 19Posting of Permits (Adopted 05/23/72)
Rule 20Transfer of Permit (Adopted 05/23/72)
Rule 23Exemptions from Permits (Adopted 10/12/04)
Rule 24 Source Recordkeeping, Reporting, and Emission Statements (Adopted 09/15/92)
Rule 26New Source ReviewGeneral (Adopted 10/22/91)
Rule 26.1New Source ReviewDefinitions (Adopted 05/14/02)
Rule 26.2New Source ReviewRequirements (Adopted 05/14/02)
[[Page 35810]]
Rule 26.3New Source ReviewExemptions (Adopted 05/14/02)
Rule 26.6New Source ReviewCalculations (Adopted 05/14/02)
Rule 26.8New Source ReviewPermit To Operate (Adopted 10/22/91) Rule 26.10New Source ReviewPSD (Adopted 01/13/98)
Rule 26.11New Source ReviewERC Evaluation At Time of Use
(Adopted 05/14/02)
Rule 28Revocation of Permits (Adopted 07/18/72)
Rule 29Conditions on Permits (Adopted 10/22/91)
Rule 30Permit Renewal (Adopted 04/13/04)
Rule 32Breakdown Conditions: Emergency Variances, A., B.1., and D. only. (Adopted 02/20/79)
Rule 33Part 70 PermitsGeneral (Adopted 10/12/93)
Rule 33.1Part 70 PermitsDefinitions (Adopted 04/10/01)
Rule 33.2Part 70 PermitsApplication Contents (Adopted 04/10/01) Rule 33.3Part 70 PermitsPermit Content (Adopted 04/10/01)
Rule 33.4Part 70 PermitsOperational Flexibility (Adopted 04/10/ 01)
Rule 33.5Part 70 PermitsTime frames for Applications, Review and Issuance (Adopted 10/12/93)
Rule 33.6Part 70 PermitsPermit Term and Permit Reissuance
(Adopted 10/12/93)
Rule 33.7Part 70 PermitsNotification (Adopted 04/10/01)
Rule 33.8Part 70 PermitsReopening of Permits (Adopted 10/12/93)
Rule 33.9Part 70 PermitsCompliance Provisions (Adopted 04/10/01)
Rule 33.10Part 70 PermitsGeneral Part 70 Permits (Adopted 10/12/ 93)
Rule 34Acid Deposition Control (Adopted 03/14/95)
Rule 35Elective Emission Limits (Adopted 11/12/96)
Rule 36New Source ReviewHazardous Air Pollutants (Adopted 10/06/ 98)
Rule 42Permit Fees (Adopted 04/13/04)
Rule 44Exemption Evaluation Fee (Adopted 09/10/96)
Rule 45Plan Fees (Adopted 06/19/90)
Rule 45.2Asbestos Removal Fees (Adopted 08/04/92)
Rule 47Source Test, Emission Monitor, and CallBack Fees (Adopted 06/22/99)
Rule 50Opacity (Adopted 04/13/04)
Rule 52Particulate MatterConcentration (Grain Loading)(Adopted 04/13/04)
Rule 53Particulate MatterProcess Weight (Adopted 04/13/04)
Rule 54Sulfur Compounds (Adopted 06/14/94)
Rule 56Open Burning (Adopted 11/11/03)
Rule 57Incinerators (Adopted 01/11/05)
Rule 57.1Particulate Matter Emissions from Fuel Burning Equipment (Adopted 01/11/05)
Rule 62.7AsbestosDemolition and Renovation (Adopted 09/01/92)
Rule 63Separation and Combination of Emissions (Adopted 11/21/78) Rule 64Sulfur Content of Fuels (Adopted 04/13/99)
Rule 67Vacuum Producing Devices (Adopted 07/05/83)
Rule 68Carbon Monoxide (Adopted 04/13/04)
Rule 71Crude Oil and Reactive Organic Compound Liquids (Adopted 12/13/94)
Rule 71.1Crude Oil Production and Separation (Adopted 06/16/92)
Rule 71.2Storage of Reactive Organic Compound Liquids (Adopted 09/ 26/89)
Rule 71.3Transfer of Reactive Organic Compound Liquids (Adopted 06/16/92)
Rule 71.4Petroleum Sumps, Pits, Ponds, and Well Cellars (Adopted 06/08/93)
Rule 71.5Glycol Dehydrators (Adopted 12/13/94)
Rule 72New Source Performance Standards (NSPS) (Adopted 04/10/01)
Rule 73National Emission Standards for Hazardous Air Pollutants (NESHAPS (Adopted 04/10/01)
Rule 74Specific Source Standards (Adopted 07/06/76)
Rule 74.1Abrasive Blasting (Adopted 11/12/91)
Rule 74.2Architectural Coatings (Adopted 11/13/01)
Rule 74.6Surface Cleaning and Degreasing (Adopted 11/11/03
effective 07/01/04)
Rule 74.6.1Batch Loaded Vapor Degreasers (Adopted 11/11/03
effective 07/01/04)
Rule 74.7Fugitive Emissions of Reactive Organic Compounds at
Petroleum Refineries and Chemical Plants (Adopted 10/10/95)
Rule 74.8Refinery Vacuum Producing Systems, Wastewater Separators and Process Turnarounds (Adopted 07/05/83)
Rule 74.9Stationary Internal Combustion Engines (Adopted 11/14/00)
Rule 74.10Components at Crude Oil Production Facilities and
Natural Gas Production and Processing Facilities (Adopted 03/10/98)
Rule 74.11Natural GasFired Residential Water HeatersControl of NO
Rule 74.11.1Large Water Heaters and Small Boilers (Adopted 09/14/ 99)
Rule 74.12Surface Coating of Metal Parts and Products (Adopted 11/ 11/03)
Rule 74.15Boilers, Steam Generators and Process Heaters (Adopted 11/08/94)
Rule 74.15.1Boilers, Steam Generators and Process Heaters (Adopted 06/13/00)
Rule 74.16Oil Field Drilling Operations (Adopted 01/08/91)
Rule 74.20Adhesives and Sealants (Adopted 01/11/05)
Rule 74.23Stationary Gas Turbines (Adopted 1/08/02)
Rule 74.24Marine Coating Operations (Adopted 11/11/03)
Rule 74.24.1Pleasure Craft Coating and Commercial Boatyard Operations (Adopted 01/08/02)
Rule 74.26Crude Oil Storage Tank Degassing Operations (Adopted 11/ 08/94)
Rule 74.27Gasoline and ROC Liquid Storage Tank Degassing
Operations (Adopted 11/08/94)
Rule 74.28Asphalt Roofing Operations (Adopted 05/10/94)
Rule 74.30Wood Products Coatings (Adopted 11/11/03)
Rule 75Circumvention (Adopted 11/27/78)
Rule 101Sampling and Testing Facilities (Adopted 05/23/72)
Rule 102Source Tests (Adopted 04/13/04)
Rule 103Continuous Monitoring Systems (Adopted 02/09/99)
Rule 154Stage 1 Episode Actions (Adopted 09/17/91)
Rule 155Stage 2 Episode Actions (Adopted 09/17/91)
Rule 156Stage 3 Episode Actions (Adopted 09/17/91)
Rule 158Source Abatement Plans (Adopted 09/17/91)
Rule 159Traffic Abatement Procedures (Adopted 09/17/91)
Rule 220General Conformity (Adopted 05/09/95)
Rule 230Notice to Comply (Adopted 11/09/99)
* * * * *
[FR Doc. E69746 Filed 62106; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT
Cynthia Allen, Air Division, U.S. EPA Region IX, (415) 9474120, allen.cynthia@epa.gov.