                                   					6560-50-P

                           ENVIRONMENTAL PROTECTION AGENCY

                                40 CFR Part 55

                             [OAR-2004-0091; FRL-]

                    Outer Continental Shelf Air Regulations

                       Consistency Update for California

AGENCY:	Environmental Protection Agency ("EPA")

ACTION:	Proposed rule.

SUMMARY:  The Environmental Protection Agency (EPA) is proposing to update portions of the Outer Continental Shelf ("OCS") Air Regulations.  Requirements applying to OCS sources located within 25 miles of States' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area ("COA"), as mandated by section 328(a)(1) of the Clean Air Act, as amended in 1990 ("the Act").  The portions of the OCS air regulations that are being updated pertain to the requirements for OCS sources for which the Santa Barbara County Air Pollution Control District ("Santa Barbara County APCD") and Ventura County Air Pollution Control District ("Ventura County APCD") are the designated COAs.  The intended effect of approving the OCS requirements for the Santa Barbara County APCD and Ventura County APCD is to regulate emissions from OCS sources in accordance with the requirements onshore.  The changes to the existing requirements discussed below are proposed to be incorporated by reference into the Code of Federal Regulations and listed in the appendix to the OCS air regulations.
DATE:  Any comments must arrive by [Insert date 30 days from the date of publication in the Federal Register].
ADDRESSES:  Submit comments, identified by docket number OAR-2004-0091, by one of the following methods:
 Federal eRulemaking Portal: www.regulations.gov.  Follow the on-line instructions.
 E-mail<EMAIL_ADDRESS> Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.
 Instructions: All comments will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.  Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through www.regulations.gov or e-mail.  www.regulations.gov is an "anonymous access" system, and EPA will not know your identity or contact information unless you provide it in the body of your comment.  If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment.  If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.
Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., CBI).  To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:  Christine Vineyard, Air Division (Air-4), U.S. EPA Region 9, 75 Hawthorne Street, San Francisco, CA  94105,<PHONE_NUMBER><EMAIL_ADDRESS>SUPPLEMENTARY INFORMATION:
Table of Contents
 Background Information
 Why is EPA taking this action?
 EPA's Evaluation
 What criteria were used to evaluate rules submitted to update 40 CFR part 55?
 What requirements were submitted to update 40 CFR part 55?
 Administrative Requirements
I.  Background Information
      A.  Why is EPA taking this action?
      On September 4, 1992, EPA promulgated 40 CFR part 55, which established requirements to control air pollution from OCS sources in order to attain and maintain federal and state ambient air quality standards and to comply with the provisions of part C of title I of the Act.  Part 55 applies to all OCS sources offshore of the States except those located in the Gulf of Mexico west of 87.5 degrees longitude.  Section 328 of the Act requires that for such sources located within 25 miles of a State's seaward boundary, the requirements shall be the same as would be applicable if the sources were located in the COA.  Because the OCS requirements are based on onshore requirements, and onshore requirements may change, section 328(a)(1) requires that EPA update the OCS requirements as necessary to maintain consistency with onshore requirements.
      Pursuant to section 55.12 of the OCS rule, consistency reviews will occur (1) at least annually; (2) upon receipt of a Notice of Intent under section 55.4; or (3) when a state or local agency submits a rule to EPA to be considered for incorporation by reference in part 55.  This proposed action is being taken in response to the submittal of requirements by the Ventura County APCD.  Public comments received in writing within 30 days of publication of this document will be considered by EPA before publishing a final rule. 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. EPA's Evaluation
      A.  What criteria were used to evaluate rules submitted to update 40 CFR part 55?
      In updating 40 CFR part 55, EPA reviewed the rules submitted for inclusion in part 55 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 they are not arbitrary or capricious.  40 CFR 55.12(e).  EPA has excluded administrative and procedural rules that regulate toxics, which are not related to the attainment and maintenance of federal and state ambient air quality standards.
      B. What requirements were submitted to update 40 CFR part 55?
	1.  After review of the requirements submitted by the Santa Barbara County APCD against the criteria set forth above and in 40 CFR part 55, EPA is proposing to make the following Santa Barbara County APCD requirements applicable to OCS sources.  Earlier versions of the District rules with a revised date are currently implemented on the OCS.  The District rules with an adopted date are newly implemented on the OCS.  The District rule with a repealed date is no longer implemented on the OCS.

Rule #

Name

Revised Date

102

Definition

08/25/16

105

Applicability

08/25/16

202

Exemption to Rule 201

08/25/16

204

Applications

08/25/16

323.1

Architectural Coatings

08/25/16

801
New Source Review  -  Definitions and General Requirements

08/25/16

802

New Source Review

08/25/16

804

Offsets

08/25/16

805
Air Quality Impact Analysis, Modeling, Monitoring, and Air Quality Increment Consumption

08/25/16

806

Emission Reduction Credits

08/25/16

1301
Part 70 Operating Permits  -  General Information

08/25/16

Adopted Date

323.1

Architectural Coatings

06/19/14

809

Federal Minor Source New Source Review

08/25/16

Repealed Date

803

Prevention of Significant Deterioration

08/25/16

      2.  After review of the requirements submitted by the Ventura County APCD against the criteria set forth above and in 40 CFR part 55, EPA is proposing to make the following Ventura County APCD requirements applicable to OCS sources.  Earlier versions of the District rules with a revised date are currently implemented on the OCS.  The District rules with an adopted date are newly implemented on the OCS.  The District rule with a repealed date is no longer implemented on the OCS.

Rule #

Name

Revised Date

23

Exemptions from Permit

11/12/13

42

Permit Fees

04/12/16

54

Sulfur Compounds

01/14/14

74.11.1

Large Water Heaters and Small Boilers

09/11/12

74.20

Adhesives and Sealants

09/11/12

74/24

Marine Coating Operations

09/11/12

Adopted Date

74.31

Metal Working Fluids and Direct-Contact Lubricants

11/12/13

Repealed Date

67

Vacuum Producing Devices

06/12/12

III.	Administration Requirements
	Under the Clean Air Act, the Administrator is required to establish requirements to control air pollution from OCS sources located within 25 miles of States' seaward boundaries that are the same as onshore air control requirements. To comply with this statutory mandate, EPA must incorporate applicable onshore rules into part 55 as they exist onshore. 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in promulgating OCS consistency updates, EPA's role is to maintain consistency between OCS regulations and the regulations of onshore areas, provided that they meet the criteria of the Clean Air Act. Accordingly, this action simply updates the existing OCS requirements to make them consistent with requirements onshore, without the exercise of any policy discretion by EPA. For that reason, this action:
 Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget (OMB) under Executive Order 12866 (58 FR 51735, October 4, 1993);
 Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
 Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
 Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
 Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
 Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);
 Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and
 Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
	In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, nor does it impose substantial direct compliance costs on tribal governments, nor preempt
tribal law.
	Under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has approved the information collection requirements contained in 40 CFR part 55 and, by extension, this update to the rules, and has assigned OMB control number 2060-0249. Notice of OMB's approval of EPA Information Collection Request (``ICR'') No. 1601.07 was published in the Federal Register on February 17, 2009 (74 FR 7432). The approval expires January 31, 2012.   As EPA previously indicated (70 FR 65897-65898 (November 1, 2005)), the annual public reporting and recordkeeping burden for collection of information under 40 CFR part 55 is estimated to average 549 hours per response, using the definition of burden provided in 44 U.S.C. 3502(2).
	The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
	Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 25, 2013. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 55
Environmental protection, Administrative practice and procedure, Air pollution control, Hydrocarbons, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Nitrogen oxides, Outer Continental Shelf, Ozone, Particulate matter, Permits, Reporting and Recordkeeping requirements, Sulfur oxides.

____________________			_________________________
Dated:  					Alexis Strauss
                              Acting Regional Administrator
                              Region IX.

      For the reasons set out in the preamble, title 40 of the Code of Federal Regulations, part 55, is proposed to be amended as follows:

PART 55  -  OUTER CONTINENTAL SHELF AIR REGULATIONS

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.

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

Section 55.14. Requirements that apply to OCS sources located within 25 miles of states seaward boundaries, by State.

* 	*	 *	 *	 *

(e)  * * *

(3)  * * *

(ii) * * *

(F)  Santa Barbara County Air Pollution Control District Requirements Applicable to OCS Sources.

* 	*	 *	 *	 *

(H) Ventura County Air Pollution Control District Requirements Applicable to OCS Sources.

*	 *	 *	 *	 *

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

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

*      	 *    	 *	 *	 *
California

*	 *	 *	 *	 *

(b) * * *

*	 *	 *	 *	 *

 (6)  The following requirements are contained in Santa Barbara County Air Pollution Control District Requirements Applicable to OCS Sources:

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

*	 *	 *	 *	 *

(8) The following requirements are contained in Ventura County Air Pollution Control District Requirements Applicable to OCS Sources:

Rule 2		Definitions (Revised 04/12/11)
Rule 5		Effective Date (Revised 04/13/04)
Rule 6	 	Severability (Revised 11/21/78)
Rule 7		Boundaries (Adopted 06/14/77)
Rule 10 		Permits Required (Revised 04/13/04)
Rule 11 		Definition for Regulation II (Amended 03/14/06)
Rule 12 		Applications for Permits (Adopted 06/13/95)
Rule 13 		Action on Applications for an Authority To Construct (Adopted 06/13/95)
Rule 14 		Action on Applications for a Permit To Operate (Adopted 06/13/95)
Rule 15.1 	Sampling and Testing Facilities (Adopted 10/12/93)
Rule 16 		BACT Certification (Adopted 06/13/95)
Rule 19 		Posting of Permits (Revised 05/23/72)
Rule 20 		Transfer of Permit (Revised 05/23/72)
Rule 23 		Exemptions From Permits (Revised 11/12/13)
Rule 24 		Source Recordkeeping, Reporting, and Emission Statements
		(Revised 09/15/92)
Rule 26 		New Source Review-General (Amended 03/14/06)
Rule 26.1 	New Source Review -Definitions (Revised 11/14/06)
Rule 26.2 	New Source Review-Requirements (Revised 03/14/06)
Rule 26.3 	New Source Review-Exemptions (Revised 3/14/06)
Rule 26.6 	New Source Review-Calculations (Revised 3/14/06)
Rule 26.8 	New Source Review-Permit To Operate (Adopted 10/22/91)
Rule 26.11 	New Source Review-ERC Evaluation at Time of Use (Adopted 05/14/02)
Rule 26.12 	Federal Major Modifications (Adopted 06/27/06)
Rule 26.13 	New Source Review-Prevention of Significant
		Deterioration (PSD) (Revised 11/10/15)
Rule 28 		Revocation of Permits (Revised 07/18/72)
Rule 29 		Conditions on Permits (Revised 03/14/06)
Rule 30 		Permit Renewal (Revised 04/13/04)
Rule 32 		Breakdown Conditions: Emergency Variances, A., B.1., and D. only. (Revised 02/20/79)
Rule 33 		Part 70 Permits-General (Revised 04/12/11)
Rule 33.1 	Part 70 Permits-Definitions (Revised 04/12/11)
Rule 33.2 	Part 70 Permits-Application Contents (Revised 04/10/01)
Rule 33.3 	Part 70 Permits-Permit Content (Revised 09/12/06)
Rule 33.4 	Part 70 Permits-Operational Flexibility (Revised 04/10/01)
Rule 33.5 	Part 70 Permits--Timeframes for Applications, Review and Issuance (Adopted 10/12/93)
Rule 33.6 	Part 70 Permits--Permit Term and Permit Reissuance (Adopted 10/12/93
Rule 33.7 	Part 70 Permits--Notification (Revised 04/10/01)
Rule 33.8 	Part 70 Permits--Reopening of Permits (Adopted 10/12/93)
Rule 33.9 	Part 70 Permits--Compliance Provisions (Revised 04/10/01)
Rule 33.10 	Part 70 Permits--General Part 70 Permits (Adopted 10/12/93)
Rule 34 		Acid Deposition Control (Adopted 03/14/95)
Rule 35 		Elective Emission Limits (Revised 04/12/11)
Rule 36 		New Source Review--Hazardous Air Pollutants
		 (Adopted 10/06/98)
Rule 42 		Permit Fees (Revised 04/12/16)
Rule 44 		Exemption Evaluation Fee (Revised 04/08/08)
Rule 45 		Plan Fees (Adopted 06/19/90)
Rule 45.2 	Asbestos Removal Fees (Revised 08/04/92)
Rule 47 		Source Test, Emission Monitor, and Call-Back Fees (Adopted 06/22/99)
Rule 50 		Opacity (Revised 04/13/04)
Rule 52 		Particulate Matter-Concentration (Grain Loading)(Revised 04/13/04)
Rule 53 		Particulate Matter-Process Weight (Revised 04/13/04)
Rule 54 		Sulfur Compounds (Revised 01/14/14)
Rule 56 		Open Burning (Revised 11/11/03)
Rule 57 		Incinerators (Revised 01/11/05)
Rule 57.1 	Particulate Matter Emissions From Fuel Burning Equipment
		(Adopted 01/11/05)
Rule 62.7 	Asbestos-Demolition and Renovation (Adopted 06/16/92, Effective 09/01/92)
Rule 63 		Separation and Combination of Emissions (Revised 11/21/78)
Rule 64 		Sulfur Content of Fuels (Revised 04/13/99)
Rule 68 		Carbon Monoxide (Revised 04/13/04)
Rule 71 		Crude Oil and Reactive Organic Compound Liquids (Revised 12/13/94)
Rule 71.1 	Crude Oil Production and Separation (Revised 06/16/92)
Rule 71.2 	Storage of Reactive Organic Compound Liquids (Revised 09/26/89)
Rule 71.3 	Transfer of Reactive Organic Compound Liquids (Revised 06/16/92)
Rule 71.4 	Petroleum Sumps, Pits, Ponds, and Well Cellars (Revised 06/08/93)
Rule 71.5 	Glycol Dehydrators (Adopted 12/13/94)
Rule 72 		New Source Performance Standards (NSPS) (Revised 09/9/08)
Rule 73 		National Emission Standards for Hazardous Air Pollutants (NESHAPS (Revised 09/9/08)
Rule 74 		Specific Source Standards (Adopted 07/06/76)
Rule 74.1 	Abrasive Blasting (Revised 11/12/91)
Rule 74.2 	Architectural Coatings (Revised 01/12/10)
Rule 74.6 	Surface Cleaning and Degreasing (Revised 11/11/03-effective 07/01/04)
Rule 74.6.1 	Batch Loaded Vapor Degreasers (Adopted 11/11/03-effective 07/01/04)
Rule 74.7 	Fugitive Emissions of Reactive Organic Compounds at Petroleum Refineries and Chemical Plants (Revised 10/10/95)
Rule 74.8 	Refinery Vacuum Producing Systems, Waste-Water Separators and Process Turnarounds (Revised 07/05/83)
Rule 74.9 	Stationary Internal Combustion Engines (Revised 11/08/05)
Rule 74.10 	Components at Crude Oil Production Facilities and Natural Gas Production and Processing Facilities (Revised 03/10/98)
Rule 74.11 	Natural Gas-Fired Residential Water Heaters-Control of NOX
		(Revised 05/11/10)
Rule 74.11.1 	Large Water Heaters and Small Boilers (Revised 09/11/12)
Rule 74.12 	Surface Coating of Metal Parts and Products (Revised 04/08/08)
Rule 74.15	Boilers, Steam Generators and Process Heaters (5MMBTUs and greater)
		(Revised 11/08/94)
Rule 74.15.1 	Boilers, Steam Generators and Process Heaters (1 to 5 MMBTUs)
		(Revised 06/23/15)
Rule 74.16 	Oil Field Drilling Operations (Adopted 01/08/91)
Rule 74.20 	Adhesives and Sealants (Revised 09/11/12)
Rule 74.23 	Stationary Gas Turbines (Revised 1/08/02)
Rule 74.24 	Marine Coating Operations (Revised 09/11/12)
Rule 74.24.1	Pleasure Craft Coating and Commercial Boatyard
		Operations (Revised 01/08/02)
Rule 74.26 	Crude Oil Storage Tank Degassing Operations (Adopted 11/08/94)
Rule 74.27 	Gasoline and ROC Liquid Storage Tank Degassing Operations
		(Adopted 11/08/94)
Rule 74.28 	Asphalt Roofing Operations (Adopted 05/10/94)
Rule 74.30 	Wood Products Coatings (Revised 06/27/06)
Rule 74.31	Metal Working Fluids and Direct-Contact Lubricants (Adopted 11/12/13)
Rule 75 		Circumvention (Revised 11/27/78)
Rule 101 	Sampling and Testing Facilities (Revised 05/23/72)
Rule 102 	Source Tests (Revised 04/13/04)
Rule 103 	Continuous Monitoring Systems (Revised 02/09/99)
Rule 154 	Stage 1 Episode Actions (Adopted 09/17/91)
Rule 155 	Stage 2 Episode Actions (Adopted 09/17/91)
Rule 156 	Stage 3 Episode Actions (Adopted 09/17/91)
Rule 158 	Source Abatement Plans (Adopted 09/17/91)
Rule 159 	Traffic Abatement Procedures (Adopted 09/17/91)
Rule 220 	General Conformity (Adopted 05/09/95)
Rule 230 	Notice To Comply (Revised 9/9/08)

*	 *	 *	 *	 *


[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Notices]
[Pages 65929-65931]
[FR Doc No: 2012-26737]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2012-0219]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 14 individuals from its
rule prohibiting persons with insulin-treated diabetes mellitus (ITDM)
from operating commercial motor vehicles (CMVs) in interstate commerce.
The exemptions will enable these individuals to operate CMVs in
interstate commerce.

DATES: The exemptions are effective October 31, 2012. The exemptions
expire on October 31, 2014.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Room
W64-224, Department of Transportation, 1200 New Jersey Avenue SE.,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, or other
entity). You may review DOT's Privacy Act Statement for the Federal
Docket Management System (FDMS) published in the Federal Register on
January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

Background

    On September 12, 2012, FMCSA published a notice of receipt of
Federal diabetes exemption applications from 14 individuals and
requested comments from the public (77 FR 56258). The public comment
period closed on October 12, 2012, and no comments were received.
    FMCSA has evaluated the eligibility of the 14 applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to or greater than the level that
would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current requirement for diabetes in 1970
because several risk studies indicated that drivers with diabetes had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal
Register notice in conjunction with the November 8, 2005 (70 FR 67777),
Federal Register notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
    These 14 applicants have had ITDM over a range of 1 to 28 years.
These applicants report no severe hypoglycemic reactions resulting in
loss of consciousness or seizure, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning symptoms, in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the past 5 years. In each case,
an endocrinologist verified that the driver has demonstrated a
willingness to properly monitor and manage his/her diabetes mellitus,
received education related to diabetes management, and is on a stable
insulin regimen. These drivers report no other disqualifying
conditions, including diabetes-related complications. Each meets the
vision requirement at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were
stated and discussed in detail in the September 12, 2012, Federal
Register notice and they will not be repeated in this notice.

Discussion of Comments

    FMCSA did not receive any comments in this proceeding.

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption
is likely to achieve an equivalent or greater level of safety than
would be achieved without the exemption. The exemption allows the
applicants to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologists' medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is
likely to achieve a level of safety equal to that existing without the
exemption.

Conditions and Requirements

    The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 business days of occurrence, all episodes
of severe hypoglycemia, significant complications, or inability to
manage diabetes; also, any involvement in an accident or any other
adverse event in a CMV or personal vehicle, whether or not it is
related to an episode of hypoglycemia; (3) that each individual provide
a copy of the ophthalmologist's or optometrist's report to the medical
examiner at the time of the annual medical examination; and (4) that
each individual provide a copy of the annual medical certification to
the employer for retention in the driver's qualification file, or keep
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.

Conclusion

    Based upon its evaluation of the 14 exemption applications, FMCSA
exempts Edward K. Belcher (KY), Phillip C. Brooks, Jr. (VA), Michael R.
Conley (WI), Patrick J. Conners (MA), John C. Halabura (PA), Paul L.
Harrison III (NY), Daniel T. Kelly (NY), Timothy L. Leavelle, Sr. (VA),
Robert D. Marshall (PA), John W. Martinson (ND), William Z. Polk (GA),
Thomas E. Swayne (KS), Anthony Williams (NJ), Mark S. Wilt (WV) from
the ITDM requirement in 49 CFR 391.41(b)(3), subject to the conditions
listed under ``Conditions and Requirements'' above.
    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will
be valid for two years unless revoked earlier by FMCSA. The exemption
will be revoked if the following occurs: (1) the person fails to comply
with the terms and conditions of the 1/exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the
exemption is still effective at the end of the 2-year period, the
person may apply to FMCSA

for a renewal under procedures in effect at that time.

    Issued on: October 25, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-26737 Filed 10-30-12; 8:45 am]
BILLING CODE 4910-EX-P


                            Spirodiclofen (124871)
                     Screening Level Usage Analysis (SLUA)
                              Date: June 9, 2014

What is a Screening Level Usage Analysis (SLUA)?
      * Available estimates of pesticide usage data for a particular active ingredient that is used on agricultural crops in the United States.
      * Pesticide usage data obtained from various sources.  The data are then merged, averaged, and rounded so that the presented information is not proprietary, business confidential, or trade secret.
What does it contain?
      * Pesticide usage data for a single active ingredient only.
      * Agricultural use sites (crops) that the pesticide is reported to be used on.
      * Available pesticide usage information from U.S. states that produce 80% or more of a crop, in most cases, or less than 80%, in rare cases, depending on the scope of the survey and available resources.
      * Annual percent of crop treated (average & maximum) for each agricultural crop.
      * Average annual pounds of the pesticide applied for each agricultural crop (i.e., for the states surveyed, not for the entire United States).
What assumptions can I make about the reported data?
      * Average pounds of active ingredient applied - Values are calculated by merging pesticide usage data sources together; averaging across all observations, then rounding.  Note:  If the estimated value is less than 500, then that value is labeled <500.  Estimated values between 500 & <1,000,000 are rounded to 1 significant digit.  Estimated values of 1,000,000 or greater are rounded to 2 significant digits.)
      * Average percent of crop treated - Values are calculated by merging data sources together; averaging by year, averaging across all years, & rounding to the nearest multiple of 5.  Note:  If the estimated value is less than 2.5, then the value is labeled <2.5.  If the estimated value is less than 1, then the value is labeled <1.
      * Maximum percent of crop treated - Value is the single maximum value reported across all data sources, across all years, & rounded up to the nearest multiple of 5.  Note:  If the estimated value is less than 2.5, then the value is labeled <2.5.
What are the data sources used?
      * USDA-NASS (United States Department of Agriculture's National Agricultural Statistics Service)  -  pesticide usage data from 2003 to 2010.
      * Private pesticide market research  -  pesticide usage data from 2003 to 2010.
      * California Department of Pesticide Regulation (DPR) Pesticide Use Reporting (PUR) data for 2003 to 2010.
What are the limitations to the data?
      * Additional registered uses may exist but are not included because the available surveys do not report usage (e.g., small acreage crops).
      * Lack of reported usage data for the pesticide on a crop does not imply zero usage.
      * Usage data on a particular site may be noted in data sources, but not quantified.  In these instances, the site would not be reported in the SLUA.
      * Non-agricultural use sites (e.g., turf, post-harvest, mosquito control, etc.) are not reported in the SLUA.  A separate request must be made to receive these estimates.
      * Some sites show some use, even though they are not on the label.  This usage could be due to various factors, including, but not limited to Section 18 requests, existing stocks of the chemical, data collection errors, and experimental use permits (EUPs).

                                 June 9, 2014
   Screening Level Estimates of Agricultural Uses of Spirodiclofen (124871)
                             Sorted Alphabetically

                               Percent Crop Ttd.

Crop
                                   Lbs. A.I.
                                   Avg. PCT
                                   Max. PCT
                                                                              1
Almonds
                                    10,000
                                       5
                                      10
                                                                              2
Apples
                                     5,000
                                       5
                                      15
                                                                              3
Apricots
                                    <500
                                       5
                                      15
                                                                              4
Avocados
                                    <500
                                     <1
                                    <2.5
                                                                              5
Cherries
                                     1,000
                                    <2.5
                                       5
                                                                              6
Grapefruit
                                    10,000
                                      50
                                      80
                                                                              7
Grapes
                                    10,000
                                       5
                                      15
                                                                              8
Hazelnuts
                                    <500
                                    <2.5
                                       5
                                                                              9
Lemons
                                    <500
                                    <2.5
                                    <2.5
                                                                             10
Nectarines
                                     1,000
                                      10
                                      15
                                                                             11
Oranges
                                    20,000
                                      10
                                      25
                                                                             12
Peaches
                                     1,000
                                       5
                                      10
                                                                             13
Pears
                                     1,000
                                       5
                                      15
                                                                             14
Pecans
                                     3,000
                                    <2.5
                                       5
                                                                             15
Pistachios
                                    <500
                                    <2.5
                                    <2.5
                                                                             16
Plums/Prunes
                                     1,000
                                       5
                                       5
                                                                             17
Tangelos
                                    <500
                                      30
                                      35
                                                                             18
Tangerines
                                     3,000
                                      20
                                      30
                                                                             19
Walnuts
                                     3,000
                                       5
                                      10

All numbers rounded.

<500: indicates less than 500 pounds of active ingredient.

<2.5: indicates less than 2.5 percent of crop is treated.

<1: indicates less than 1 percent of crop is treated.

SLUA data sources include:

  USDA-NASS (United States Department of Agriculture's National Agricultural Statistics Service)
Private Pesticide Market Research
  California DPR (Department of Pesticide Regulation)

These results reflect amalgamated data developed by the Agency and are releasable to the public.