From: Woock, Steve [ mailto: steve. woock@ weyerhaeuser. com] Sent: Friday, July 30, 2004 7: 36 PM To: ' nizich. greg@ epa. gov' Cc: ' kissell. mary@ epa. gov'; ' kphanks@ rti. org' Subject: PCWP NESHAP/ MACT Question re: Scheduled start ups/ shutdowns Greg We understand that EPA is working on the technical amendments to the PCWP rule and wanted to bring a point of confusion to your consideration. Reviewing the PCWP rule requirements at 63.2250 ( a) has lead several people to question if only scheduled shutdowns and startups, but not unscheduled shutdowns and startups, are exempt from the rule requirements. The pertinent paragraph is copied below. The first sentence indicates shutdown and startup periods are exempt from the identified rule elements. However, the second sentence refers specifically to scheduled shutdowns and startups. It is clear from EPA's response to comments document ( for comments <IP_ADDRESS> and <IP_ADDRESS>), that EPA makes the second reference to shutdowns and startups using the modifier " scheduled," to emphasize the need to minimize the duration of these specific events. However, a plain reading of the rule language is not that clear.

As an example of the confusion, I've attached the draft summary of the rule requirements from Tom Link's implementation materials group. The entry for 63.2250, as it summarizes the rule, states the exemption for shutdowns and startups apply only during scheduled events. See 63.2250 on the attached document.

We'd like to suggest a simple revision to the second and third sentences to make the meaning clear. This is given in the second version of the paragraph below.

Current version: § 63.2250 What are the general requirements? ( a) You must be in compliance with the compliance options, operating requirements, and the work practice requirements in this subpart at all times, except during periods of process unit or control device startup, shutdown, and malfunction; prior to process unit initial startup; and during the routine control device maintenance exemption specified in § 63.2251. The compliance options, operating requirements, and work practice requirements do not apply during times when the process unit( s) subject to the compliance options, operating requirements, and work practice requirements are not operating, or during scheduled startup and shutdown periods, and during malfunctions. These startup and shutdown periods must not exceed the minimum amount of time necessary for these events.

Suggested clarification: ( Square brackets denote words to delete; ALL CAPS denote an addition)

§ 63.2250 What are the general requirements? ( a)... The compliance options, operating requirements, and work practice requirements do not apply during times when the process unit( s) subject to the compliance options, operating requirements, and work practice requirements are not operating, or during [ scheduled] startup and shutdown periods, and during malfunctions. [ These] SCHEDULED startup and shutdown periods must not exceed the minimum amount of time necessary for these events.

I'll follow this up with a call to discuss. Thank you for your time.

Regards, Steve Woock Stephen E. Woock Federal Regulatory Affairs Manager, Weyerhaeuser PO Box 1391, New Bern, NC 28563 1391 steve. woock@ weyerhaeuser. com ph 252 633 7351 National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products ( June 4, 2004)

Section Section Title Content Date of Requirements*

What This Subpart Covers 63.2230 What is the purpose of this subpart? Subpart establishes requirements for hazardous air pollutants ( HAP)

emitted from plywood and composite wood products ( PCWP)

manufacturing sources.

63.2231 Does this subpart apply to me? Applies to you if:

( a) You own or operate PCWP manufacturing source ( described in this section); and ( b) The PCWP source is a major source of HAP.

 You are exempt if the Environmental Protection Agency ( EPA)

determines you are part of the low risk subcategory of PCWP manufacturing facilities, as specified in appendix B of the rule.

63.2232 What parts of my plant does this subpart cover? Applies to new, reconstructed, or existing affected sources. " Affected source" is described as the collection of dryers, blenders, formers,

presses, board coolers, and other process units associated with PCWP manufacturing.

63.2233 When do I have to comply with this subpart? New or Reconstructed Sources:

 If initial startup of affected source is before 60 days after the publication date of the rule, you must comply no later than 60 days after the publication date of the rule.

 If initial startup of affected source is after 60 days after the publication date of the rule, you must comply upon initial startup.

Existing Sources: No later than the date 38 months after the publication date of the rule.

Area Sources that Become Major Sources: Must comply with this subpart by the date 38 months after the effective date of the rule or upon initial startup as a major source, whichever is later.

Compliance Options, Operating Requirements, and Work Practice Requirements 63.2240 What are the compliance options and operating requirements and how must I meet them? Meet one of the following compliance options for each process unit::

 Production Based Compliance Options ( PBCO): Total HAP lb/ thousand square feet ( MSF) or oven dried tons 2 ( ODT) specified by process unit in Tables 1A and Table 2,

respectively. Add on controls cannot be used to meet the PBCO.

 Add On Control System Options ( Table 1. B.):

 reduce emissions of total HAP, measured as THC ( as carbon), by 90 percent; or  limit total HAP emissions, measured as THC ( as carbon),

to 20 ppmv, dry;

 reduce methanol emissions by 90 percent; or  limit methanol emissions to less than or equal to 1 ppmvd if uncontrolled emissions are greater than or equal to 10 ppmvd; or  reduce formaldehyde emission by 90 percent; or  reduce formaldehyde emissions by 90 percent or limit to less than or equal to 1 ppmvd if uncontrolled emissions are greater than or equal to 10 ppmvd.

If you choose to comply with the regulation by using one of the above mentioned add on control system options, you must have a capture device that either meets the definition of wood products enclosure in § 63.2292 or achieves a capture efficiency of greater than or equal to 95 percent.

 Emissions Averaging Option: Existing ( not new) sources have the option of complying by emissions averaging among process units.

Formulas and restrictions for emissions averaging presented.

Operating requirements that correspond to the compliance option are specified in Table 2. 3 63.2241 What are the work practice requirements and how must I meet them?  You must meet the work requirements specified for existing or new process units ( i. e., dry rotary dryers, hardwood veneer dryers, softwood veneer dryers, veneer redryers, Group 1 miscellaneous coating operations) in Table 3 of the rule; or you may apply for permission to use alternative work practices, as provided in § 63.6( g) of the General Provisions.

 If you have a dry rotary dryer, you may choose to designate your dry rotary dryer as a green rotary dryer and meet the more stringent compliance options and operating requirements for green rotary dryers instead of the work practices for dry rotary dryers.

 If you have a hardwood veneer dryer or veneer redryer, you may choose to designate your hardwood veneer dryer or veneer redryer as a softwood veneer dryer and meet the more stringent compliance options and operating requirements for softwood veneer heated zones instead of the work practices for hardwood veneer dryers or veneer redryers.

General Compliance Requirements 63.2250 What are the general requirements?  You must be in compliance at all times, with the exception of periods of SSM; prior to process unit initial start up; and during the routine control device maintenance exemption ( RCDME).

 You must operate and maintain your affected source according to § 63.6( e)( 1)( i) of the General Provisions.

 You must develop and implement a written SSMP according to § 63.6( e)( 3) of the General Provisions.

 Requirements do not apply during times when the process unit( s) are not operating, during scheduled startup/ shutdowns, or malfunctions.

Startup and shutdown periods must not exceed the minimum amount of time necessary.

Shutoff of direct fired burners resulting from partial and full production stoppages of direct fired softwood veneer dryers or overtemperature events shall be deemed shutdowns and not malfunctions.

Lighting or re lighting any one or all gas burners in direct fired softwood veneer dryers shall be deemed startups and not malfunctions. 4 63.2251 What are the requirements for the routine control device maintenance exemption?  You may request and justify a routine control device maintenance exemption for events such as control device bakeouts, washouts, media replacement, and replacement of corroded parts. The exemption must not exceed operating up time percentages specified for differing process units in paragraphs ( b)( 1) and ( b)( 2) of this section ( 3 percent and 0.5 percent, respectively).

 If the request is approved, it must be incorporated by reference in and attached to the affected source's title V permit.

 The compliance options and operating requirements do not apply during times when control device maintenance covered under your approved routine control device maintenance exemption is performed.

Startup and shutdown periods must not exceed the minimum amount of time necessary. Emissions must be minimized to the greatest extent possible during these times.

 Startup and shutdown of emission control systems must be scheduled during times when process equipment is shut down.

Initial Compliance Requirements 63.2260 How do I demonstrate initial compliance with the compliance options, operating requirements,

and work practice requirements?  You must conduct performance tests and establish site specific operating requirements to demonstrate compliance for your source, as specified in Tables 2 and 4 of the rule.

 You must demonstrate initial compliance, as specified in Tables 5 and 6 of the rule.

 You must submit the Notification of Compliance Status containing the initial compliance demonstration results.

63.2261 By what date must I conduct performance tests or other initial compliance demonstrations?  Performance tests must be conducted upon initial startup or no later than 180 calendar days after the compliance date that is specified for your source in § 63.2233 and according to the requirements in § 63.7( a)( 2), whichever is later.

 Initial compliance demonstrations that do not require performance tests must be conducted upon initial startup or no later than 30 calendar days after the compliance date that is specified for you source in § 63.2233, whichever is later. 5 63.2262 How do I conduct performance tests and establish operating requirements?  You must conduct each performance test in accordance with § 63.7( e)( 1) and as specified in this section, and according to the methods specified in Table 4 of the rule.

 You must not conduct performance tests during periods of SSM, as specified in § 63.7( e)( 1).

 You must test under representative operating conditions and explain why the conditions are representative in your performance test.

 With the exception of capture efficiency testing, you must conduct at least 3 separate test runs lasting at least one hour each.

Paragraph descriptors/ titles follow:

( b) Periods when performance tests must be conducted.

( c) Number of test runs.

( d) Location of sampling sites.

( e) Collection of monitoring data.

( f) Collection of production data.

( g) Nondetect data.

( h) Calculation of percent reduction across a control system.

( i) Calculation of mass per unit production.

( j) Thickness basis conversion.

( k) Establishing thermal oxidizer operating requirements.

( l) Establishing catalytic oxidizer operating requirements.

( m) Establishing biofilter operating requirements.

( n) Establishing operating requirements for process units meeting compliance options without a control device.

( o) Establishing operating requirements using THC CEMS. 6 63.2263 Initial compliance demonstration for a dry rotary dryer. Must demonstrate that dryer processes furnish with an inlet moisture content of less than or equal to 30 percent ( by weight, dry basis) and operates with a dryer inlet temperature of less than or equal to 600 degrees F.

 Must designate and clearly identify each dryer.

 You must record the inlet furnish moisture content ( dry basis) and inlet dryer operating temperature for a minimum of 30 days.

 You must submit the highest recorded 24 hour average inlet furnish moisture content and the highest recorded 24 hour average dryer inlet temperature with your certified Notification of Compliance Status report.

 You must submit a signed statement by a responsible official that certifies with truth, accuracy, and completeness that the dry rotary dryer will dry furnish with a maximum inlet moisture content less than or equal to 30 percent ( by weight, dry basis) and will operate with a maximum inlet temperature of less than or equal to 600 degrees F in the future with your Notification of Compliance Status report.

63.2264 Initial compliance demonstration for a hardwood veneer dryer.  You must record the annual volume percentage of softwood veneer species processed in the dryer using the equation provided.

 You must designate and clearly identify each dryer.

 You must submit the annual volume percentage of species dried in the dryer based on dryer production for 12 months prior to the compliance date specified for your source.

 If you did not dry softwood species in the dryer during the 12 months prior to the compliance date, then you need only submit a statement saying so.

 You must submit a signed statement by a responsible official that certifies with truth, accuracy, and completeness that the veneer dryer will be used to process less than 30 volume percent softwood species in the future with your Notification of Compliance Status..

63.2265 Initial compliance demonstration for a softwood veneer dryer.  You must develop a plan for review and approval for minimizing fugitive emissions from the veneer dryer heated zones, and must submit the plan with your Notification of Compliance Status report. 7 63.2266 Initial compliance demonstration for a veneer redryer.  You must record the inlet moisture content of the veneer processed in the redryer for a minimum of 30 days.

 You must designate and clearly identify each redryer.

 You must submit the highest recorded 24 hour average inlet veneer moisture content.

 You must submit a signed statement by a responsible official that certifies with truth, accuracy, and completeness that your redryer will dry veneer with a moisture content less than 25 percent ( by weight,

dry basis) in the future with your Notification of Compliance Status report.

63.2267 Initial compliance demonstration for a reconstituted wood product press or board cooler.  You must either use a wood products enclosure, or measure the capture efficiency of the capture device for the press or board cooler ( new sources only) using Methods 204 and 204A through 204F of 40 CFR part 51, appendix M ( as appropriate) or using the alternative tracer gas method contained in appendix A of the rule.

 You must submit documentation that the enclosure meets the press enclosure design criteria, or the results of the capture efficiency verification with your Notification of Compliance Status report.

63.2268 Initial compliance demonstration for a wet control device.  If you use a reference control device as the sole means of reducing HAP emissions, you must develop and implement a plan for review and approval to address how organic HAP captured in the wastewater from the wet control device is contained or destroyed to minimize rerelease to the atmosphere such that the desired emissions reductions are obtained.

 The plan must be submitted with your Notification of Compliance Status report.

63.2269 What are my monitoring installation, operation, and maintenance requirements?  You must install, operate, and maintain each continuous parameter monitoring system ( CPMS) as specified in this section. Specifications are provided for temperature monitors, wood moisture monitors, and continuous emissions monitoring systems ( CEMS).

Continuous Compliance Requirements 63.2270 How do I monitor and collect data to demonstrate continuous compliance?  You must conduct all monitoring in continuous operation at all times that the process unit is operating, except during monitor malfunctions,

associated repairs, and required QA or control activities.

 You may not use the following in data averages: ( 1) data recorded during monitoring malfunctions, associated repairs, out of control periods, and required quality assurance or control activities; ( 2) data during periods of startup, shutdown, and malfunction; or ( 3) data recorded during periods covered by a routine control device maintenance exemption.

 You must use all data collected during all other periods in assessing 8 compliance.

 You must determine the 3 hour or 24 hour block averages of all recorded readings ( excluding data exceptions cited in this section).

 You must have at least 75 percent of the required recorded readings for an averaging period, based on valid data ( excluding data exceptions cited in this section)..

63.2271 How do I demonstrate continuous compliance with the compliance options, operating requirements,

and work practice requirements?  You must demonstrate continuous compliance with the compliance options, operating requirements, and work practice requirements in § § 63.2240 and 63.2241 according to the methods specified in Tables 7 and 8.

 You must report each instance in which you did not meet each compliance option, operating requirement, and work practice requirement.

 During periods of SSM, you must operate in accordance with your SSMP  Deviations that occur during a period of startup, shutdown and malfunction or by any approved routine control device maintenance exemption are not violations if you can demonstrate that you were operating in accordance with your startup, shutdown, and malfunction plan or with your approved routine control device maintenance exemption, respectively.

Notifications, Reports, and Records 63.2280 What notifications must I submit and when? You must submit all of the notifications in § § 63.7( b) and ( c), 63.8( e),

( f)( 4) and ( f)( 6), 63.9( b) through ( e), and ( g) and ( h) of the General Provisions:

Initial Notification: no later than 120 calendar days after the effective date ( 60 days after publication in the Federal Register) of the subpart or after initial startup, whichever is later.

Notification of Intent to Conduct a Performance Test: at least 60 calendar days before the performance test is scheduled to begin.

Notification of Compliance Status:

no performance test  before the close of business on the 30th calendar day following the completion of the initial compliance demonstration.

performance test  must submit notification with performance test results, before the close of business on the 60th calendar day following the completion of the performance test Request for a Routine Control Device Maintenance Exemption  no later than 30 days before compliance date.

Application for Approval of Emissions Averaging Plan  no later than 1 year before the compliance date or no later than 1 year before 9 the date you would begin using an emissions average, whichever is later. Other Notifications ( modifications or replacement of control system, shutdown of process unit ( included in emissions averaging plan), change of continuous monitoring parameter( s))  must notify Administrator within 30 days before action taken.

63.2281 What reports must I submit and when? You must submit each report in Table 9 of the rule, by the following dates:

First Compliance Report ( Semi annual)  as specified in Table 9,

covering a period of at least 6 mos, but less than 12 mos ( ending June 30 or December 31st)  postmarked or delivered no later than July 31st or January 31st, respectively.

Subsequent Compliance Reports ( Semi annual)  no later than July 31st or January 31st, respectively.

Paragraphs ( c) through ( g) of this section specify what is to be contained in your compliance reports.

63.2282 What records must I keep? You must keep the following records:

 A copy of each notification and report submitted in compliance with the rule.

 Records required under § 63.6( e)( 3)( iii) through ( v) ( related to SSM) of the General Provisions.

 Records relating to control device maintenance and documentation of your approved routine control device maintenance exemption ( if applicable)

 Records of performance tests and evaluations.

 Records specified for each CEMS  If you operate a catalytic oxidizer, you must keep records of annual catalyst activity checks and subsequent corrective actions  If you comply with the emissions averaging compliance option,

records of emission debit and credit calculations must be kept.

63.2283 In what form and how long must I keep my records? You must maintain you records in a form suitable and readily available for expeditious review.

Each record must be maintained for a period of 5 years on site following the date of each occurrence, measurement, maintenance,

corrective action, report, or record. Records are to be maintained onsite for 2 years after each recording and can be maintained off site for the remaining 3 years.

Other Requirements and Information 10 63.2290 What parts of the General Provisions apply to me? You are required to comply with the parts of the General Provisions in § § 63.1 through 63.13, as specified in Table 10.

63.2291 Who implements and enforces this subpart?  This subpart can be implemented and enforced by the U. S. EPA or a delegated authority, such as your State, local, or tribal agency.

 Approval of alternatives to the compliance options, operating requirements, and work practice requirements can only be obtained from the U. S. EPA ( such approval is not delegated).

 Approval for major alternatives to the rule's test methods,

monitoring, and/ or recordkeeping and reporting can only be obtained from the U. S. EPA ( such approval is not delegated).

 Approval for eligibility for the low risk subcategory developed according to appendix B of rule can only be obtained by the U. S. EPA ( such approval is not delegated).

63.2292 What definitions apply to this subpart? The following terms are defined:

Affected Source Agricultural fiber Biofilter Capture device Capture efficiency Catalytic oxidizer Combustion unit Control device Control system or add on control system Conveyor strand dryer Conveyor strand dryer zone Deviation Dryer heated zones Dry rotary dryer Dry forming Fiber Fiberboard Fiberboard mat dryer Flame zone Furnish Glue laminated beam Green rotary dryer Group 1 miscellaneous coating operations Hardboard Hardboard oven Hardwood Hardwood veneer dryer 11 Kiln dried lumber Laminated strand lumber Laminated veneer lumber Lumber kiln Medium density fiberboard Method detection limit Miscellaneous coating operations MSF Nondetect data Non HAP coating Oriented strandboard Oven dried tons Partial wood products enclosure Particle Particleboard Plywood and composite wood products manufacturing facility Plywood Press perdryer Pressurized refiner Primary tube dryer Process unit Reconstituted wood product board cooler Reconstituted wood product press Representative operating conditions Resin Responsible official Rotary strand dryer Secondary tube dryer Softwood Softwood veneer dryer Startup Startup, initial Startup, shutdown, and malfunction plan Strand Temporary total enclosure Thermal oxidizer Total hazardous air pollutant emissions Tube dryer Veneer Veneer redryer Wet control device 12 Wet forming Wood I joists Wood products enclosure Work practice requirement 1 hour period Tables Table 1A Production Based Compliance Options Contains production based compliance options for fiberboard mat dryer heated zones ( at new sources only), green rotary dryers,

hardboard ovens, press predryers ( at new sources only), pressurized refiners, primary tube dryers, secondary tube dryers, reconstituted wood product board coolers ( at new sources only), reconstituted wood product presses, softwood veneer dryer heated zones, and rotary strand dryers. The production based compliance options are on a total HAP basis. Total HAP, as defined in § 63.2292, means for the purposes of this subpart, the sum of the emissions of the following six compounds:

acetaldehyde, acrolein, formaldehyde, methanol, phenol, and propionaldehyde.

Table 1B Add On Control Systems Compliance Options Contains six compliance options by using an emissions control system for fiberboard mat dryer heated zones ( at new sources only), green rotary dryers, hardboard ovens, press predryers, pressurized refiners,

primary and secondary tube dryers, reconstituted wood product board coolers, reconstituted wood product presses, softwood veneer dryer heated zones, rotary strand dryers, conveyor strand dryer zone one ( at existing sources), and conveyor strand dryer zones one and two ( at new sources)..

Table 2 Operating Requirements Contains operating requirements for operation of a thermal oxidizer;

catalytic oxidizer; biofilter; control devices other than those mentioned; and for a process unit that meets a compliance option in Table 1A or debit generating process unit..

Table 3 Work Practice Requirements Contains work practice requirements for dry rotary dryers; hardwood veneer dryers; softwood veneer dryers; veneer redryers; and Group 1 miscellaneous coating operations.

Table 4 Requirements for Performance Tests Contains performance test requirements. Specifies emissions test methods and procedures for determining capture efficiency for presses and board coolers. 13 Table 5 Performance Testing and Initial Compliance Demonstrations for the Compliance Options and Operating Requirements Describes how to demonstrate initial compliance with the compliance options and operating requirements.

Table 6 Initial Compliance Demonstrations for Work Practice Requirements Contains initial compliance demonstrations for work practice requirements.

Table 7 Continuous Compliance With the Compliance Options and Operating Requirements Contains requirements for demonstrating continuous compliance with compliance options and operating requirements.

Table 8 Continuous Compliance With the Work Practice Requirements Contains requirements for demonstrating continuous compliance with work practice requirements.

Table 9 Requirements for Reports Contains requirements for reports.

Table 10 Applicability of General Provisions to Subpart DDDD Contains applicability of the General Provisions to this rule.

Appendices Appendix A Alternative Procedure to Determine Capture Efficiency From Enclosures Around Hot Presses in the Plywood and Composite Wood Products Industry Using Sulfur Hexafluoride Tracer Gas Contains an alternative procedure to determine capture efficiency of a hot press enclosure in the PCWP industry using sulfur hexafluoride tracer gas.

Appendix B Methodology and Criteria for Demonstrating That an Affected Source is Part of the Low risk Subcategory of Plywood and Composite Wood Products Manufacturing Facilities Provides the methodology and criteria for demonstrating that your affected source is part of the low risk subcategory of plywood and composite wood products manufacturing facilities. You can do this by using either a look up table analysis ( based on the look up tables included in the appendix) or using a site specific risk assessment performed according to criteria specified in this appendix.

* Date of requirements will be filled in once the rule is published in the Federal Register. This summary is not meant to replace the published regulation titled " National Emission Standard for Hazardous Air Pollutants ( NESHAP): Plywood and Composite Wood 14 Products NESHAP" ( XX FR XXXXX). This summary is merely an outline of the content of the regulation and does not cover all parts of the regulation.


[Federal Register Volume 87, Number 105 (Wednesday, June 1, 2022)]
[Notices]
[Pages 33185-33187]
[FR Doc No: 2022-11679]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2022-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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SUMMARY: New or modified Base (1-percent annual chance) Flood
Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA)
boundaries or zone designations, and/or regulatory floodways
(hereinafter referred to as flood hazard determinations) as shown on
the indicated Letter of Map Revision (LOMR) for each of the communities
listed in the table below are finalized. Each LOMR revises the Flood
Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance
Study (FIS) reports, currently in effect for the listed communities.

DATES: Each LOMR was finalized as in the table below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at https://msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and 90 days have elapsed since that publication.
The Deputy Associate Administrator for Insurance and Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65. The currently
effective community number is shown and must be used for all new
policies and renewals.
    The new or modified flood hazard information is the basis for the
floodplain management measures that the community is required either to
adopt or to show evidence of being already in effect in order to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    This new or modified flood hazard information, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities.
    This new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP.

The changes in flood hazard determinations are in accordance with 44
CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at https://msc.fema.gov.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              Chief executive officer of                                                                      Community
  State and county    Location and case No.           community                 Community map repository           Date of modification          No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama:
    St. Clair        City of Margaret        The Honorable Jeffery G.     St. Clair County Flood Management    Aug. 20, 2021...............       010393
     County (FEMA    (20-04-4314P).           Wilson, Mayor, City of       Department, 165 5th Avenue, Suite
     Docket No.: B-                           Margaret, P.O. Box 100,      100, Ashville, AL 35953.
     2136).                                   Margaret, AL 35953.
    St. Clair        Unincorporated areas    The Honorable Paul Manning,  St. Clair County Flood Management    Aug. 20, 2021...............       010290
     County (FEMA     of St. Clair County     Chairman, St. Clair County   Department, 165 5th Avenue, Suite
     Docket No.: B-  (20-04-4314P).           Commission, 165 5th          100, Ashville, AL 35953.
     2136).                                   Avenue, Suite 100,
                                              Ashville, AL 35953.
    Lee County       City of Opelika         The Honorable Gary Fuller,   Planning Department, 700 Fox Trail   Mar. 29, 2022...............       010145
     (FEMA Docket    (21-04-1701P).           Mayor, City of Opelika,      Road, Opelika, AL 36803.
     No.: B-2203).                            P.O. Box 390, Opelika, AL
                                              36803.
Arkansas:
    Benton           City of Bentonville     The Honorable Stephanie      City Hall, 3200 Southwest Municipal  Mar. 28, 2022...............       050012
    (FEMA Docket      (21-06-0748P).          Orman, Mayor, City of        Drive, Bentonville, AR 72712.
     No.: B-2188).                            Bentonville, 117 West
                                              Central Avenue,
                                              Bentonville, AR 72712.
    Benton (FEMA     City of Centerton       The Honorable Bill Edwards,  City Hall, 290 Main Street,          Mar. 28, 2022...............       050399
     Docket No.: B-  (21-06-0748P).           Mayor, City of Centerton,    Centerton, AR 72719.
     2188).                                   P.O. Box 208, Centerton,
                                              AR 72719.
    Benton (FEMA     Unincorporated areas    The Honorable Barry          Benton County Planning Department,   Mar. 28, 2022...............       050419
     Docket No.: B-   of Benton County        Moehring, Benton County      2113 West Walnut Street, Rogers,
     2188).          (21-06-0748P).           Judge, 215 East Central      AR 72756.
                                              Avenue, Bentonville, AR
                                              72712.
Florida: Monroe      Unincorporated areas    The Honorable Michelle       Monroe County Building Department,   Mar. 28, 2022...............       125129
 (FEMA Docket No.:    of Monroe County        Coldiron, Commissioner,      2798 Overseas Highway, Suite 300,
 B-2188).            (21-04-5290P).           Monroe County Board of       Marathon, FL 33050.
                                              Commissioners, 25 Ships
                                              Way, Big Pine Key, FL
                                              33043.
Maryland:
    Cecil (FEMA      Town of Charlestown     The Honorable Karl Fockler,  Town Hall, 241 Market Street,        Mar. 31, 2022...............       240021
     Docket No.: B-  (21-03-1510P).           President, Town of           Charlestown, MD 21914.
     2203).                                   Charlestown Board of
                                              Commissioners, P.O. Box
                                              154, Charlestown, MD
                                              21914.
    Cecil (FEMA      Unincorporated areas    The Honorable Danielle       Cecil County Department of Land Use  Mar. 31, 2022...............       240019
     Docket No.: B-   of Cecil County         Hornberger, Cecil County     and Development Services, 200
     2203).          (21-03-1510P).           Executive, 200 Chesapeake    Chesapeake Boulevard, Suite 1200,
                                              Boulevard, Suite 2100,       Elkton, MD 21921.
                                              Elkton, MD 21921.
Mississippi:         City of Pass Christian  The Honorable Jimmy          City Hall, 200 West Scenic Drive,    Apr. 4, 2022................       285261
 Harrison (FEMA      (21-04-3028P).           Rafferty, Mayor, City of     Pass Christian, MS 39571.
 Docket No.: B-                               Pass Christian, 200 West
 2203).                                       Scenic Drive, Pass
                                              Christian, MS 39571.
Montana: Stillwater  Unincorporated areas    The Honorable Mark Crago,    Stillwater County, South Annex, 17   Mar. 25, 2022...............       300078
 (FEMA Docket No.:    of Stillwater County    Chairman, Stillwater         North 4th Street, Columbus, MT
 B-2188).            (21-08-0555P).           County Board of              59019.
                                              Commissioners, P.O. Box
                                              970, Columbus, MT 59019.
South Carolina:      Unincorporated areas    The Honorable Johnnie        Orangeburg County Community          Mar. 30, 2022...............       450160
 Orangeburg (FEMA     of Orangeburg County    Wright, Sr., Chairman,       Development Department, 1437
 Docket No.: B-      (22-04-0230P).           Orangeburg County Council,   Amelia Street, Orangeburg, SC
 2188).                                       1437 Amelia Street,          29115.
                                              Orangeburg, SC 29115.
South Dakota:
    Minnehaha (FEMA  City of Hartford        The Honorable Jeremy         City Hall, 125 North Main Avenue,    Mar. 23, 2022...............       460180
     Docket No.: B-  (21-08-0753P).           Menning, Mayor, City of      Hartford, SD 57033.
     2188).                                   Hartford, 125 North Main
                                              Avenue, Hartford, SD
                                              57033.

    Minnehaha (FEMA  Unincorporated areas    The Honorable Dean Karsky,   Minnehaha County Planning            Mar. 23, 2022...............       460057
     Docket No.: B-   of Minnehaha County     Chairman, Minnehaha County   Department, 415 North Dakota
     2188).          (21-08-0753P).           Board of Commissioners,      Avenue, Sioux Falls, SD 57104.
                                              415 North Dakota Avenue,
                                              Sioux Falls, SD 57104.
    Pennington       City of Rapid City      The Honorable Steve          Public Works Department--            Apr. 4, 2022................       465420
     (FEMA Docket    (21-08-0301P).           Allender, Mayor, City of     Engineering Services Division, 300
     No.: B-2203).                            Rapid City, 300 6th          6th Street, Rapid City, SD 57701.
                                              Street, Rapid City, SD
                                              57701.
Texas:
    Bexar (FEMA      City of Alamo Heights   The Honorable Bobby          Community Development Services       Apr. 4, 2022................       480036
     Docket No.: B-  (21-06-1034P).           Rosenthal, Mayor, City of    Department, 6116 Broadway Street,
     2214).                                   Alamo Heights, 6116          Alamo Heights, TX 78209.
                                              Broadway Street, Alamo
                                              Heights, TX 78209.
    Dallas (FEMA     City of Carrollton      Ms. Erin Rinehart, Manager,  Engineering Department, 1945 East    Mar. 28, 2022...............       480167
     Docket No.: B-  (21-06-1452P).           City of Carrollton, 1945     Jackson Road, Carrollton, TX
     2203).                                   East Jackson Road,           75006.
                                              Carrollton, TX 75006.
    Dallas (FEMA     City of Coppell         The Honorable Wes Mays,      Department of Public Works, 265      Mar. 28, 2022...............       480170
     Docket No.: B-  (21-06-1452P).           Mayor, City of Coppell,      East Parkway Boulevard, Coppell,
     2203).                                   P.O. Box 9478, Coppell, TX   TX 75019.
                                              75019.
    Denton (FEMA     City of Carrollton      The Honorable Kevin          Engineering Department, 1945 East    Mar. 28, 2022...............       480167
     Docket No.: B-  (21-06-1854P).           Falconer, Mayor, City of     Jackson Road, Carrollton, TX
     2188).                                   Carrollton, P.O. Box         75006.
                                              110535, Carrollton, TX
                                              75006.
    Denton (FEMA     City of Lewisville      The Honorable T. J.          Engineering Department, 151 West     Mar. 28, 2022...............       480195
     Docket No.: B-  (21-06-1854P).           Gilmore, Mayor, City of      Church Street, Lewisville, TX
     2188).                                   Lewisville, P.O. Box         75057.
                                              299002, Lewisville, TX
                                              75029.
    Denton (FEMA     Unincorporated areas    The Honorable Andy Eads,     Denton County Public Works,          Mar. 28, 2022...............       480774
     Docket No.: B-   of Denton County        Denton County Judge, 110     Engineering Department, 1505 East
     2188).          (21-06-1854P).           West Hickory Street, 2nd     McKinney Street, Suite 175,
                                              Floor, Denton, TX 76201.     Denton, TX 76209.
    Lubbock (FEMA    City of Lubbock         The Honorable Dan Pope,      Engineering Department, 1314 Avenue  Mar. 28, 2022...............       480452
     Docket No.: B-  (21-06-0664P).           Mayor, City of Lubbock,      K, 7th Floor, Lubbock, TX 79401.
     2203).                                   P.O. Box 2000, Lubbock, TX
                                              79457.
    Tarrant (FEMA    City of Benbrook        The Honorable Jerry          City Hall, 911 Winscott Road,        Apr. 4, 2022................       480586
     Docket No.: B-  (21-06-0911P).           Dittrich, Mayor, City of     Benbrook, TX 76126.
     2203).                                   Benbrook, 911 Winscott
                                              Road, Benbrook, TX 76126.
    Tarrant (FEMA    City of Fort Worth      The Honorable Mattie         Transportation and Public Works      Apr. 4, 2022................       480596
     Docket No.: B-  (21-06-0911P).           Parker, Mayor, City of       Department, Engineering Vault, 200
     2203).                                   Fort Worth, 200 Texas        Texas Street, Fort Worth, TX
                                              Street, Fort Worth, TX       76102.
                                              76102.
Utah:
    Salt Lake (FEMA  City of Riverton        The Honorable Trent Staggs,  Public Works Department, 12526       Mar. 28, 2022...............       490104
     Docket No.: B-  (21-08-0943P).           Mayor, City of Riverton,     South 4150 West, Riverton, UT
     2203).                                   12830 South Redwood Road,    84096.
                                              Riverton, UT 84065.
    Salt Lake (FEMA  City of South Jordan    The Honorable Dawn R.        Development Services Department,     Mar. 28, 2022...............       490107
     Docket No.: B-  (21-08-0943P).           Ramsey, Mayor, City of       1600 West Towne Center Drive,
     2203).                                   South Jordan, 1600 West      South Jordan, UT 84095.
                                              Towne Center Drive, South
                                              Jordan, UT 84095.
West Virginia:
    Grant (FEMA      City of Petersburg      The Honorable Gary A.        City Hall, 21 Mount View Street,     Mar. 23, 2022...............       540039
     Docket No.: B-  (21-03-0421P).           Michael, Mayor, City of      Petersburg, WV 26847.
     2203).                                   Petersburg, 21 Mount View
                                              Street, Petersburg, WV
                                              26847.
    Grant (FEMA      Unincorporated areas    The Honorable Scotty Miley,  Grant County Courthouse, 5 Highland  Mar. 23, 2022...............       540038
     Docket No.: B-   of Grant County         President, Grant County      Avenue, Petersburg, WV 26847.
     2203).          (21-03-0421P).           Commission, 5 Highland
                                              Avenue, Petersburg, WV
                                              26847.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2022-11679 Filed 5-31-22; 8:45 am]
BILLING CODE 9110-12-P


Ozone Secondary NAAQS

Options are to set a secondary National Ambient Air Quality Standard
(NAAQS) for ozone:

that accumulates over the course of a season (called a “seasonal
form”) and at a level generally less stringent than the primary
standard or

that averages over the course of 8 hours and at a level equal to the
primary standard.

Legal Background

The primary ozone standard protects people. The secondary ozone standard
protects welfare such as sensitive ecosystems and forests.

The Clean Air Act requires a secondary NAAQS that, in the
Administrator’s judgment, “is requisite to protect the public
welfare from any known or anticipated adverse effects associated with
the presence of such air pollutant in the ambient air.”

“Welfare” includes effects on soils, water, crops, vegetation,
manmade materials, animals, wildlife, weather, visibility and climate,
damage to and deterioration of property, and hazards to transportation,
as well as effects on economic values and on personal comfort and
well-being.

“Welfare” does not include the consideration of costs. “EPA may
not consider implementation costs in setting primary and secondary
NAAQS.” Whitman v. American Trucking Assns., Inc., 531 U.S. 457, 486
(2001).

EPA must complete its multi-year review of the ozone standard by issuing
a final decision tomorrow.

Criteria Document in March 2006

Staff Paper in January 2007

Proposal in June 2007

Option selection in January 2008

The seasonal form is the most scientifically defensible. Ozone decreases
the ability of plants to produce and store food. The impact of repeated
ozone exposure accumulates over the course of the growing season. Key
scientific uncertainties have been substantially addressed since the
last review in 1997. The new evidence includes a broader array of
vegetative effects and a diverse set of research studies looking at the
effects of ozone in the real world.

The Administrator’s decision is consistent with scientific advice.

The National Academy of Sciences (NRC 2004) stated “[w]hatever the
reason that led EPA to use identical primary and secondary NAAQS in the
past, it is becoming increasingly evident that a new approach will be
needed in the future.  There is growing evidence that the current forms
of the NAAQS are not providing adequate protection to sensitive
ecosystems . . .”

The National Park Service stated there is “abundant evidence that it
is appropriate to establish an alternative cumulative secondary standard
for ozone” and that “a seasonal, cumulative metric is needed to
protect vegetation.”

All 23 members of the Clean Air Scientific Advisory Committee
recommended a form “substantially different from the primary ozone
standard.” (Henderson, 2007)

EPA staff paper recommended that the secondary standard “should be
defined” in terms of a “cumulative seasonal form.”

The USDA Agricultural Air Quality Task Force recognized that “[o]f
particular concern are the chronic effects [on plants].”

The Administrator must decide how best to set the secondary standard and
a seasonal form is the most legally defensible. By definition, the
primary and secondary standards are separate legal actions based on
separate criteria. There is no presumption that the secondary standard
should be the same as the primary standard. EPA has extensive record
support for a seasonal form and lacks scientific support for an 8 hour
form.

The Administrator proposes to establish a secondary standard with a
seasonal form and at a level generally less stringent than the primary
standard. This choice is generally not expected to require additional
controls beyond those required by the primary standard.

We are seeking legislative amendments to modernize both the primary and
secondary NAAQS programs.

Deliberative and Confidential

March 11, 2008

 PAGE

 PAGE   1


[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Rules and Regulations]
[Page 39019]
[FR Doc No: 2017-17400]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0770]

Drawbridge Operation Regulation; Carquinez Strait, Martinez, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Union Pacific Railroad Drawbridge
across the Carquinez Strait, mile 7.0, at Martinez, CA. The deviation
is necessary to allow the bridge owner to conduct emergency repairs.
This deviation allows the bridge to remain in the closed-to-navigation
position during the deviation period.

DATES: This deviation is effective from 10 a.m. to 4 p.m. on August 23,
2017.

ADDRESSES: The docket for this deviation, USCG-2017-0770, is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Carl T. Hausner, Chief, Bridge
Section, Eleventh Coast Guard District; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Union Pacific Railroad Company has
requested a temporary change to the operation of the Union Pacific
Railroad Drawbridge, over the Carquinez Strait, mile 7.0, at Martinez,
CA. The drawbridge navigation span provides a vertical clearance of 70
feet above Mean High Water in the closed-to-navigation position. The
draw operates as required by 33 CFR 117.5. Navigation on the waterway
is commercial and recreational.
    The drawspan will be secured in the closed-to-navigation position
from 10 a.m. to 4 p.m. on August 23, 2017, to allow the bridge owner to
conduct emergency repairs. This temporary deviation has been
coordinated with the waterway users. No objections to the proposed
temporary deviation were raised.
    Vessels able to pass through the bridge in the closed position may
do so at any time. The bridge will not be able to open for emergencies
and there is no immediate alternate route for vessels to pass. The
Coast Guard will also inform the users of the waterway through our
Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessel operators can arrange their
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: August 11, 2017.
Carl T. Hausner,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2017-17400 Filed 8-16-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: October 23, 2007 (Volume 72, Number 204)]
[Rules and Regulations]
[Page 59947-59951]
[DOCID:fr23oc07-5]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[OAR-2004-0091; FRL-8479-6]

Outer Continental Shelf Air Regulations; Consistency Update for
California

AGENCY: Environmental Protection Agency (``EPA'').

ACTION: Final rule--consistency update.

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

SUMMARY: EPA is finalizing the updates of the Outer Continental Shelf
(``OCS'') Air Regulations proposed in the Federal Register on March 23,
2006, August 18, 2006 and May 31, 2007. 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 Ventura County Air Pollution
Control District is the designated COA. The intended effect of
approving the requirements contained in ``Ventura County Air Pollution
Control District Requirements Applicable to OCS Sources'' (September
2007) is to regulate emissions from OCS sources in accordance with the
requirements onshore.

DATES: Effective Date: This rule is effective on November 23, 2007.
    The incorporation by reference of certain publications listed in
this rule is approved by the Director of the Federal Register as of
November 23, 2007.

ADDRESSES: EPA has established docket number OAR-2004-0091 for this
action. The index to the docket is available electronically at
http://www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne

Street, San Francisco, California. While all documents in the docket
are listed in the index, some information may be publicly available
only at the hard copy location (e.g., copyrighted material), and some
may not be publicly available in either location (e.g., CBI). To
inspect the hard copy materials, please schedule an appointment during
normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Cynthia Allen, Air Division, U.S. EPA
Region IX,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Public Comment
III. EPA Action
IV. Administrative Requirements
    A. Executive Order 12866, Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132, Federalism
    F. Executive Order 13175, Coordination With Indian Tribal
Governments
    G. Executive Order 13045, Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211, Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Congressional Review Act
    K. Petitions for Judicial Review

I. Background

    Throughout this document, the terms ``we'', ``us'', and ``our''
refer to U.S. EPA.
    On March 23, 2006 (71 FR 14662), August 18, 2006 (71 FR 47758) and
May 31, 2007 (72 FR 30320), EPA proposed to approve requirements into
the OCS Air Regulations pertaining to Ventura County APCD. These
requirements are being promulgated in response to the submittal of
rules from this California air pollution control agency. 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

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

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

    Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to Office of Management and Budget (``OMB'')
review and the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
    1. Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
    2. Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
    3. Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
    4. Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 and is therefore not subject to OMB
Review. This rule implements requirements specifically and explicitly
set forth by the Congress in section 328 of the Clean Air Act, without
the exercise of any policy discretion by EPA. These OCS rules already
apply in the COA, and EPA has no evidence to suggest that these OCS
rules have created an adverse material effect. As required by section
328 of the Clean Air Act, this action simply updates the existing OCS
requirements to make them consistent with rules in the COA.

B. Paperwork Reduction Act

    The OMB has approved the information collection requirements
contained in 40 CFR part 55, and by extension this update to the rules,
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. and has assigned OMB control number 2060-0249. Notice of OMB's
approval of EPA Information Collection Request (``ICR'') No. 1601.06
was published in the Federal Register on March 1, 2006 (71 FR 10499-
10500). The approval expires January 31, 2009.
    As EPA previously indicated (70 FR 65897-65898 (November 1, 2005)),
the annual public reporting and recordkeeping burden for collection of
information under 40 CFR part 55 is estimated to average 549 hours per
response. Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    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. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9 and are identified on
the form and/or instrument, if applicable. In addition, EPA is amending
the table in 40 CFR part 9 of currently approved OMB control numbers
for various regulations to list the regulatory citations for the
information requirements contained in this final rule.

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 not-for-profit enterprises, and small governmental
jurisdictions.
    This rule will not have a significant economic impact on a
substantial number of small entities. This rule implements requirements
specifically and explicitly set forth by the Congress in section 328 of
the Clean Air Act, without the exercise of any policy discretion by
EPA. These OCS rules already apply in the COA, and EPA has no evidence
to suggest that these OCS rules have had a significant economic impact
on a substantial number of small entities. As required by section 328
of the Clean Air Act, this action simply updates the existing OCS
requirements to make them consistent with rules in the COA. Therefore,
I certify that this action will not have a significant economic impact
on a substantial number of small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA''),
Public Law 104-4, establishes requirements for Federal agencies to
assess the effects of their regulatory actions on State, local, and
tribal governments and the private sector. Under section 202 of the
UMRA, EPA generally must prepare written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures to State, local, and tribal
governments, in the aggregate, or to the private sector, of $100
million or more in any one year.
    Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally

requires EPA to identify and consider a reasonable number of regulatory
alternatives and adopt the least costly, most cost-effective or least
burdensome alternative that achieves the objectives of the rule. The
provisions of section 205 do not apply when they are inconsistent with
applicable law. Moreover, section 205 allows EPA to adopt an
alternative other than the least costly, most cost-effective or least
burdensome alternative if the Administrator publishes with the final
rule an explanation why that alternative was not adopted.
    Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
    Today's final rule contains no Federal mandates (under the
regulatory provisions of Title II of the UMRA) for State, local, or
tribal governments or the private sector that may result in
expenditures of $100 million or more for State, local, or tribal
governments, in the aggregate, or to the private sector in any one
year. This rule implements requirements specifically and explicitly set
forth by the Congress in section 328 of the Clean Air Act without the
exercise of any policy discretion by EPA. These OCS rules already apply
in the COA, and EPA has no evidence to suggest that these OCS rules
have created an adverse material effect. As required by section 328 of
the Clean Air Act, this action simply updates the existing OCS
requirements to make them consistent with rules in the COA.

E. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255 (August
10, 1999)), 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.''
    This final rule does not have federalism implications. It 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. This rule implements
requirements specifically and explicitly set forth by the Congress in
section 328 of the Clean Air Act, without the exercise of any policy
discretion by EPA. As required by section 328 of the Clean Air Act,
this rule simply updates the existing OCS rules to make them consistent
with current COA requirements. This rule does not amend the existing
provisions within 40 CFR part 55 enabling delegation of OCS regulations
to a COA, and this rule does not require the COA to implement the OCS
rules. Thus, Executive Order 13132 does 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
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 and thus does not have ``tribal
implications,'' within the meaning of Executive Order 13175. This rule
implements requirements specifically and explicitly set forth by the
Congress in section 328 of the Clean Air Act, without the exercise of
any policy discretion by EPA. As required by section 328 of the Clean
Air Act, this rule simply updates the existing OCS rules to make them
consistent with current COA requirements. In addition, this rule does
not impose substantial direct compliance costs on tribal governments,
nor preempt tribal law. Consultation with Indian tribes is therefore
not required under Executive Order 13175.

G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks

    Executive Order 13045: ``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 final rule is not subject to Executive Order 13045 because it
is not economically significant as defined in Executive Order 12866. In
addition, the Agency does not have reason to believe the environmental
health or safety risks addressed by this action present a
disproportional risk to children.

H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This final 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(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 104-113, 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable laws or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decided
not to use available and applicable voluntary consensus standards.
    As discussed above, this rule implements requirements specifically
and explicitly set forth by the Congress in section 328 of the Clean
Air Act, without the exercise of any policy discretion by EPA. As
required by section 328 of the Clean Air Act, this final rule simply
updates the existing OCS rules to make them consistent with current COA
requirements. In the

absence of a prior existing requirement for the state to use voluntary
consensus standards and in light of the fact that EPA is required to
make the OCS rules consistent with current COA requirements, it would
be inconsistent with applicable law for EPA to use voluntary consensus
standards in this action. Therefore, EPA is not considering the use of
any voluntary consensus standards.

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 November 23, 2007.

K. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air, petitions for judicial
review of this action must be filed in the United States Court of
Appeals for the appropriate circuit by December 24, 2007. 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.

    Dated: September 20, 2007.
Wayne Nastri,
Regional Administrator, Region IX.

0
Title 40 of the Code of Federal Regulations, part 55, is to be amended
as follows:

PART 55--[AMENDED]

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)(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) * * *
    (ii) * * *
    (H) Ventura County Air Pollution Control District Requirements
Applicable to OCS Sources, September 2007.
* * * * *

0
3. Appendix A to CFR Part 55 is amended by revising paragraph (b)(8)
under the heading ``California'' to read as follows:

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

* * * * *
California
    (a) * * *
    (b) * * *
* * * * *
    (8) The following requirements are contained in Ventura County
Air Pollution Control District Requirements Applicable to OCS
Sources, September 2007:

Rule 2 Definitions (Adopted 04/13/04)
Rule 5 Effective Date (Adopted 04/13/04)
Rule 6 Severability (Adopted 11/21/78)
Rule 7 Zone Boundaries (Adopted 06/14/77)
Rule 10 Permits Required (Adopted 04/13/04)
Rule 11 Definition for Regulation II (Adopted 03/14/06)
Rule 12 Applications for Permits (Adopted 06/13/95)
Rule 13 Action on Applications for an Authority to Construct
(Adopted 06/13/95)
Rule 14 Action on Applications for a Permit to Operate (Adopted 06/
13/95)
Rule 15.1 Sampling and Testing Facilities (Adopted 10/12/93)
Rule 16 BACT Certification (Adopted 06/13/95)
Rule 19 Posting of Permits (Adopted 05/23/72)
Rule 20 Transfer of Permit (Adopted 05/23/72)
Rule 23 Exemptions from Permits (Adopted 09/12/06)
Rule 24 Source Recordkeeping, Reporting, and Emission Statements
(Adopted 09/15/92)
Rule 26 New Source Review--General (Adopted 03/14/06)
Rule 26.1 New Source Review--Definitions (Adopted 11/14/06)
Rule 26.2 New Source Review--Requirements (Adopted 05/14/02)
Rule 26.3 New Source Review--Exemptions (Adopted 03/14/06)
Rule 26.6 New Source Review--Calculations (Adopted 03/14/06)
Rule 26.8 New Source Review--Permit To Operate (Adopted 10/22/91)
Rule 26.10 New Source Review--PSD (Adopted 01/13/98)
Rule 26.11 New Source Review--ERC Evaluation At Time of Use (Adopted
05/14/02)
Rule 26.12 Federal Major Modifications (Adopted 06/27/06)
Rule 28 Revocation of Permits (Adopted 07/18/72)
Rule 29 Conditions on Permits (Adopted 03/14/06)
Rule 30 Permit Renewal (Adopted 04/13/04)
Rule 32 Breakdown Conditions: Emergency Variances, A., B.1., and D.
only. (Adopted 02/20/79)
Rule 33 Part 70 Permits--General (Adopted 09/12/06)
Rule 33.1 Part 70 Permits--Definitions (Adopted 09/12/06)
Rule 33.2 Part 70 Permits--Application Contents (Adopted 04/10/01)
Rule 33.3 Part 70 Permits--Permit Content (Adopted 09/12/06)
Rule 33.4 Part 70 Permits--Operational Flexibility (Adopted 04/10/
01)
Rule 33.5 Part 70 Permits--Time frames for Applications, Review and
Issuance (Adopted 10/12/93)
Rule 33.6 Part 70 Permits--Permit Term and Permit Reissuance
(Adopted 10/12/93)
Rule 33.7 Part 70 Permits--Notification (Adopted 04/10/01)
Rule 33.8 Part 70 Permits--Reopening of Permits (Adopted 10/12/93)
Rule 33.9 Part 70 Permits--Compliance Provisions (Adopted 04/10/01)
Rule 33.10 Part 70 Permits--General Part 70 Permits (Adopted 10/12/
93)
Rule 34 Acid Deposition Control (Adopted 03/14/95)
Rule 35 Elective Emission Limits (Adopted 11/12/96)
Rule 36 New Source Review--Hazardous Air Pollutants (Adopted 10/06/
98)
Rule 42 Permit Fees (Adopted 04/11/06)
Rule 44 Exemption Evaluation Fee (Adopted 09/10/96)
Rule 45 Plan Fees (Adopted 06/19/90)
Rule 45.2 Asbestos Removal Fees (Adopted 08/04/92)
Rule 47 Source Test, Emission Monitor, and Call-Back Fees (Adopted
06/22/99)
Rule 50 Opacity (Adopted 04/13/04)
Rule 52 Particulate Matter-Concentration (Grain Loading) (Adopted
04/13/04)
Rule 53 Particulate Matter-Process Weight (Adopted 04/13/04)
Rule 54 Sulfur Compounds (Adopted 06/14/94)
Rule 56 Open Burning (Adopted 11/11/03)

Rule 57 Incinerators (Adopted 01/11/05)
Rule 57.1 Particulate Matter Emissions from Fuel Burning Equipment
(Adopted 01/11/05)
Rule 62.7 Asbestos--Demolition and Renovation (Adopted 09/01/92)
Rule 63 Separation and Combination of Emissions (Adopted 11/21/78)
Rule 64 Sulfur Content of Fuels (Adopted 04/13/99)
Rule 67 Vacuum Producing Devices (Adopted 07/05/83)
Rule 68 Carbon Monoxide (Adopted 04/13/04)
Rule 71 Crude Oil and Reactive Organic Compound Liquids (Adopted 12/
13/94)
Rule 71.1 Crude Oil Production and Separation (Adopted 06/16/92)
Rule 71.2 Storage of Reactive Organic Compound Liquids (Adopted 09/
26/89)
Rule 71.3 Transfer of Reactive Organic Compound Liquids (Adopted 06/
16/92)
Rule 71.4 Petroleum Sumps, Pits, Ponds, and Well Cellars (Adopted
06/08/93)
Rule 71.5 Glycol Dehydrators (Adopted 12/13/94)
Rule 72 New Source Performance Standards (NSPS) (Adopted 09/13/05)
Rule 73 National Emission Standards for Hazardous Air Pollutants
(NESHAPS (Adopted 09/13/05)
Rule 74 Specific Source Standards (Adopted 07/06/76)
Rule 74.1 Abrasive Blasting (Adopted 11/12/91)
Rule 74.2 Architectural Coatings (Adopted 11/13/01)
Rule 74.6 Surface Cleaning and Degreasing (Adopted 11/11/03--
effective 07/01/04)
Rule 74.6.1 Batch Loaded Vapor Degreasers (Adopted 11/11/03--
effective 07/01/04)
Rule 74.7 Fugitive Emissions of Reactive Organic Compounds at
Petroleum Refineries and Chemical Plants (Adopted 10/10/95)
Rule 74.8 Refinery Vacuum Producing Systems, Waste-water Separators
and Process Turnarounds (Adopted 07/05/83)
Rule 74.9 Stationary Internal Combustion Engines (Adopted 11/08/05)
Rule 74.10 Components at Crude Oil Production Facilities and Natural
Gas Production and Processing Facilities (Adopted 03/10/98)
Rule 74.11 Natural Gas-Fired Residential Water Heaters--Control of
NOX (Adopted 04/09/85)
Rule 74.11.1 Large Water Heaters and Small Boilers (Adopted 09/14/
99)
Rule 74.12 Surface Coating of Metal Parts and Products (Adopted 11/
11/03)
Rule 74.15 Boilers, Steam Generators and Process Heaters (Adopted
11/08/94)
Rule 74.15.1 Boilers, Steam Generators and Process Heaters (Adopted
06/13/00)
Rule 74.16 Oil Field Drilling Operations (Adopted 01/08/91)
Rule 74.20 Adhesives and Sealants (Adopted 01/11/05)
Rule 74.23 Stationary Gas Turbines (Adopted 1/08/02)
Rule 74.24 Marine Coating Operations (Adopted 11/11/03)
Rule 74.24.1 Pleasure Craft Coating and Commercial Boatyard
Operations (Adopted 01/08/02)
Rule 74.26 Crude Oil Storage Tank Degassing Operations (Adopted 11/
08/94)
Rule 74.27 Gasoline and ROC Liquid Storage Tank Degassing Operations
(Adopted 11/08/94)
Rule 74.28 Asphalt Roofing Operations (Adopted 05/10/94)
Rule 74.30 Wood Products Coatings (Adopted 06/27/06)
Rule 75 Circumvention (Adopted 11/27/78)
Rule 101 Sampling and Testing Facilities (Adopted 05/23/72)
Rule 102 Source Tests (Adopted 04/13/04)
Rule 103 Continuous Monitoring Systems (Adopted 02/09/99)
Rule 154 Stage 1 Episode Actions (Adopted 09/17/91)
Rule 155 Stage 2 Episode Actions (Adopted 09/17/91)
Rule 156 Stage 3 Episode Actions (Adopted 09/17/91)
Rule 158 Source Abatement Plans (Adopted 09/17/91)
Rule 159 Traffic Abatement Procedures (Adopted 09/17/91)
Rule 220 General Conformity (Adopted 05/09/95)
Rule 230 Notice to Comply (Adopted 11/09/99)
* * * * *

 [FR Doc. E7-20139 Filed 10-22-07; 8:45 am]

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