[Federal Register: November 16, 2007 (Volume 72, Number 221)]
[Proposed Rules]
[Page 64563-64570]
[DOCID:fr16no07-19]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[OAR-2004-0091; FRL-8496-1]

Outer Continental Shelf Air Regulations Consistency Update for
California

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

ACTION: Proposed rule--Consistency Update.

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SUMMARY: EPA is proposing to update a portion of the Outer Continental
Shelf (``OCS'') Air Regulations. Requirements applying to OCS sources
located within 25 miles of States' seaward boundaries must be updated
periodically to remain consistent with the requirements of the
corresponding onshore area (``COA''), as mandated by section 328(a)(1)
of the Clean Air Act, as amended in 1990 (``the Act''). The portions of
the OCS air regulations that are being updated pertain to the
requirements for OCS sources by the Santa Barbara County Air Pollution
Control District (Santa Barbara County APCD), South Coast Air Quality
Management District (South Coast AQMD), and Ventura County Air
Pollution Control District (Ventura County APCD). The intended effect
of approving the OCS requirements for the Santa Barbara County APCD,
South Coast AQMD, and Ventura County APCD is to regulate emissions from
OCS sources in accordance with the requirements onshore. The change to
the existing requirements discussed below is proposed to be
incorporated by reference into the Code of Federal Regulations and is
listed in the appendix to the OCS air regulations.

DATES: Any comments must arrive by December 17, 2007.

ADDRESSES: Submit comments, identified by docket number OAR-2004-0091,
by one of the following methods:
    1. Federal eRulemaking Portal: http:// www.regulations.gov. Follow

the on-line instructions.
    2. E-mail<EMAIL_ADDRESS>    3. 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 http://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 http:// www.regulations.gov or e-mail. http://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 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 (Air-4),
U.S. EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105, (415)
947-4120<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background Information
    Why is EPA taking this action?
II. EPA's Evaluation
    A. What criteria were used to evaluate rules submitted to update
40 CFR part 55?
    B. What requirements were submitted to update 40 CFR part 55?
III. 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
Government
    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

I. Background Information

Why is EPA taking this action?

    On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ 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.
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    \1\ The reader may refer to the Notice of Proposed Rulemaking,
December 5, 1991 (56 FR 63774), and the preamble to the final rule
promulgated September 4, 1992 (57 FR 40792) for further background
and information on the OCS regulations.
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    Pursuant to Sec.  55.12 of the OCS rule, consistency reviews will
occur (1) at least annually; (2) upon receipt of a Notice of Intent
under Sec.  55.4; or (3) when a state or local agency submits a rule to
EPA to be considered for incorporation by reference in part 55. This
proposed action is being taken in response to the submittal of
requirements submitted by the Santa Barbara County APCD, South Coast
AQMD and 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). In addition, EPA has excluded administrative or procedural
rules,\2\ and requirements that regulate toxics which are not related
to the attainment and maintenance of federal and state ambient air
quality standards.
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    \2\ Each COA which has been delegated the authority to implement
and enforce part 55, will use its administrative and procedural
rules as onshore. However, in those instances where EPA has not
delegated authority to implement and enforce part 55, EPA will use
its own administrative and procedural requirements to implement the
substantive requirements. 40 CFR 55.14 (c)(4).
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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 District requirements applicable
to OCS sources:

------------------------------------------------------------------------
          Rule No.                       Name              Repealed date
------------------------------------------------------------------------
106........................  Notice To Comply for Minor         09/12/06
                              Violations.
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    2. After review of the requirements submitted by the South Coast
AQMD against the criteria set forth above and in 40 CFR part 55, EPA is
proposing to make the following District requirements applicable to OCS
sources:

------------------------------------------------------------------------
                                                            Adoption or
          Rule No.                       Name              amended date
------------------------------------------------------------------------
219........................  Equipment Not Requiring a            6/1/07
                              Written Permit Pursuant to
                              Regulation II.
301........................  Permitting and Associated            5/7/07
                              Fees.
304........................  Equipment, Materials, and            5/7/07
                              Ambient Air Analyses.
304.1......................  Analyses Fees..............          5/7/07
305........................  Fees for Acid Deposition             6/9/06
                              Research (Rescinded).
306........................  Plan Fees..................          5/4/07
309........................  Fees for Regulation XVI....          5/7/07
Reg. IX....................  New Source Performance               4/6/07
                              Standards.
1107.......................  Coating of Metal Parts and           1/6/06
                              Products.
1113.......................  Architectural Coatings.....          6/9/06
1132.......................  Further Control of VOC               5/5/06
                              Emissions From High-
                              Emitting Spray Booth
                              Facilities.
1146.2.....................  Emission of Oxides of                5/5/06
                              Nitrogen From Large Water
                              Heaters and Small Boilers.
1162.......................  Polyester Resin Operations.          7/8/05
1171.......................  Solvent Cleaning Operations         7/14/06
1173.......................  Control of Volatile Organic          6/1/07
                              Compound Leaks and
                              Releases From Components
                              at Petroleum Facilities
                              and Chemical Plants.
1178.......................  Further Reductions of VOC            4/7/06
                              Emissions From Storage
                              Tanks at Petroleum
                              Facilities.
1403.......................  Asbestos Emissions From             11/6/06
                              Demolition/Renovation
                              Activities.
1470.......................  Requirements for Stationary          6/1/07
                              Diesel-Fueled Internal
                              Combustion and Other
                              Compression Ignition
                              Engines.
2004.......................  Requirements...............          4/6/07
2007.......................  Trading Requirements.......          4/6/07
2010.......................  Administrative Remedies and          4/6/07
                              Sanctions.
------------------------------------------------------------------------

    3. 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 District requirements applicable to OCS
sources:

------------------------------------------------------------------------
                                                            Adoption or
          Rule No.                       Name              amended date
------------------------------------------------------------------------
42.........................  Permit Fees................         4/10/07
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III. 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. These rules implement 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.
    These rules will not have a significant economic impact on a
substantial number of small entities. These rules implement
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 of 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 proposed rules contain 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. These rules implement 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 Orders 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 proposed 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. These rules implement
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. These rules do 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.
    In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and state and local
governments, EPA specifically solicits comments on this proposed rule
from State and local officials.

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 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 tribal governments, nor
preempt tribal law. Consultation with Indian tribes is therefore not
required under Executive Order 13175. Nonetheless, in the spirit of
Executive Order 13175 and consistent with EPA policy to promote
communications between EPA and tribes, EPA specifically solicits
comments on this proposed rule from tribal officials.

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 proposed 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 proposed 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 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, these rules implement 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 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. EPA welcomes
comments on this aspect of the proposed rulemaking and, specifically,
invites the public to identify potentially-applicable voluntary
consensus standards and to explain why

such standards should be used in this regulation.

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: November 2, 2007.
Laura Yoshii,
Acting Regional Administrator, Region IX.

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

PART 55--[AMENDED]

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

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

    2. Section 55.14 is amended by revising paragraphs (e)(3)(ii)(F),
(G), and (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) * * *
    (F) Santa Barbara County Air Pollution Control District
Requirements Applicable to OCS Sources.
    (G) South Coast Air Quality Management District Requirements
Applicable to OCS Sources (Part I, II and Part III).
    (H) Ventura County Air Pollution Control District Requirements
Applicable to OCS Sources.
* * * * *
    3. Appendix A to CFR part 55 is amended by revising paragraphs
(b)(6), (7), 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 (Adopted 01/20/05)
Rule 103 Severability (Adopted 10/23/78)
Rule 106 Notice to Comply for Minor Violations (Repealed 01/01/2001)
Rule 107 Emergencies (Adopted 04/19/01)
Rule 201 Permits Required (Adopted 04/17/97)
Rule 202 Exemptions to Rule 201 (Adopted 03/17/05)
Rule 203 Transfer (Adopted 04/17/97)
Rule 204 Applications (Adopted 04/17/97)
Rule 205 Standards for Granting Permits (Adopted 04/17/97)
Rule 206 Conditional Approval of Authority to Construct or Permit to
Operate (Adopted 10/15/91)
Rule 207 Denial of Application (Adopted 10/23/78)
Rule 210 Fees (Adopted 03/17/05)
Rule 212 Emission Statements (Adopted 10/20/92)
Rule 219 Equipment Not Requiring a Written Permit Pursuant to
Regulation II (Adopted 6/1/07)
Rule 301 Circumvention (Adopted 10/23/78)
Rule 302 Visible Emissions (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 (Adopted 04/17/97)
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 (Adopted 09/18/97)
Rule 322 Metal Surface Coating Thinner and Reducer (Adopted 10/23/
78)
Rule 323 Architectural Coatings (Adopted 11/15/01)
Rule 324 Disposal and Evaporation of Solvents (Adopted 10/23/78)
Rule 325 Crude Oil Production and Separation (Adopted 07/19/01)
Rule 326 Storage of Reactive Organic Compound Liquids (Adopted 01/
18/01)
Rule 327 Organic Liquid Cargo Tank Vessel Loading (Adopted 12/16/85)
Rule 328 Continuous Emission Monitoring (Adopted 10/23/78)
Rule 330 Surface Coating of Metal Parts and Products (Adopted 01/20/
00)
Rule 331 Fugitive Emissions Inspection and Maintenance (Adopted 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 04/17/97)
Rule 342 Control of Oxides of Nitrogen (NOX) from
Boilers, Steam Generators and Process Heaters (Adopted 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 (Adopted 01/18/01)
Rule 352 Natural Gas-Fired Fan-Type Central Furnaces and Residential
Water Heaters (Adopted 09/16/99)
Rule 353 Adhesives and Sealants (Adopted 08/19/99)
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 370 Potential to Emit--Limitations for Part 70 Sources (Adopted
06/15/95)
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 (Adopted 04/17/97)
Rule 802 Nonattainment Review (Adopted 04/17/97)
Rule 803 Prevention of Significant Deterioration (Adopted 04/17/97)
Rule 804 Emission Offsets (Adopted 04/17/97)
Rule 805 Air Quality Impact Analysis and Modeling (Adopted 04/17/97)
Rule 808 New Source Review for Major Sources of Hazardous Air
Pollutants (Adopted 05/20/99)
Rule 1301 Part 70 Operating Permits--General Information (Adopted
06/19/03)
Rule 1302 Part 70 Operating Permits--Permit Application (Adopted 11/
09/93)
Rule 1303 Part 70 Operating Permits--Permits (Adopted 11/09/93)
Rule 1304 Part 70 Operating Permits--Issuance, Renewal, Modification
and Reopening (Adopted 11/09/93)
Rule 1305 Part 70 Operating Permits--Enforcement (Adopted 11/09/93)
    (7) The following requirements are contained in South Coast Air
Quality Management District Requirements Applicable to OCS Sources
(Part I, II and III):
Rule 102 Definition of Terms (Adopted 12/3/04)
Rule 103 Definition of Geographical Areas (Adopted 01/9/76)
Rule 104 Reporting of Source Test Data and Analyses (Adopted 01/9/
76)
Rule 108 Alternative Emission Control Plans (Adopted 04/6/90)
Rule 109 Recordkeeping for Volatile Organic Compound Emissions
(Adopted 08/18/00)
Rule 112 Definition of Minor Violation and Guidelines for Issuance
of Notice to Comply (Adopted 11/13/98)
Rule 118 Emergencies (Adopted 12/07/95)
Rule 201 Permit to Construct (Adopted 12/03/04)
Rule 201.1 Permit Conditions in Federally Issued Permits to
Construct (Adopted 12/03/04)
Rule 202 Temporary Permit to Operate (Adopted 12/03/04)

Rule 203 Permit to Operate (Adopted 12/03/04)
Rule 204 Permit Conditions (Adopted 03/6/92)
Rule 205 Expiration of Permits to Construct (Adopted 01/05/90)
Rule 206 Posting of Permit to Operate (Adopted 01/05/90)
Rule 207 Altering or Falsifying of Permit (Adopted 01/09/76)
Rule 208 Permit and Burn Authorization for Open Burning (Adopted 12/
21/01)
Rule 209 Transfer and Voiding of Permits (Adopted 01/05/90)
Rule 210 Applications (Adopted 01/05/90)
Rule 212 Standards for Approving Permits (Adopted 12/07/95) except
(c)(3) and (e)
Rule 214 Denial of Permits (Adopted 01/05/90)
Rule 217 Provisions for Sampling and Testing Facilities (Adopted 01/
05/90)
Rule 218 Continuous Emission Monitoring (Adopted 05/14/99)
Rule 218.1 Continuous Emission Monitoring Performance Specifications
(Adopted 05/14/99)
Rule 218.1 Attachment A--Supplemental and Alternative CEMS
Performance Requirements (Adopted 05/14/99)
Rule 219 Equipment Not Requiring a Written Permit Pursuant to
Regulation II (Adopted 5/5/06)
Rule 220 Exemption--Net Increase in Emissions (Adopted 08/07/81)
Rule 221 Plans (Adopted 01/04/85)
Rule 301 Permitting and Associated Fees (Adopted 5/7/07) except
(e)(7) and Table IV
Rule 304 Equipment, Materials, and Ambient Air Analyses (Adopted 5/
7/07)
Rule 304.1 Analyses Fees (Adopted 5/7/07)
Rule 305 Fees for Acid Deposition (Rescinded 6/9/06)
Rule 306 Plan Fees (Adopted 5/4/07)
Rule 309 Fees for Regulation XVI (Adopted 5/7/07)
Rule 401 Visible Emissions (Adopted 11/09/01)
Rule 403 Fugitive Dust (Adopted 06/03/05)
Rule 404 Particulate Matter--Concentration (Adopted 02/07/86)
Rule 405 Solid Particulate Matter--Weight (Adopted 02/07/86)
Rule 407 Liquid and Gaseous Air Contaminants (Adopted 04/02/82)
Rule 408 Circumvention (Adopted 05/07/76)
Rule 409 Combustion Contaminants (Adopted 08/07/81)
Rule 429 Start-Up and Shutdown Exemption Provisions for Oxides of
Nitrogen (Adopted 12/21/90)
Rule 430 Breakdown Provisions, (a) and (b) only (Adopted 07/12/96)
Rule 431.1 Sulfur Content of Gaseous Fuels (Adopted 06/12/98)
Rule 431.2 Sulfur Content of Liquid Fuels (Adopted 09/15/00)
Rule 431.3 Sulfur Content of Fossil Fuels (Adopted 05/7/76)
Rule 441 Research Operations (Adopted 05/7/76)
Rule 442 Usage of Solvents (Adopted 12/15/00)
Rule 444 Open Burning (Adopted 12/21/01)
Rule 463 Organic Liquid Storage (Adopted 05/06/05)
Rule 465 Refinery Vacuum-Producing Devices or Systems (Adopted 08/
13/99)
Rule 468 Sulfur Recovery Units (Adopted 10/08/76)
Rule 473 Disposal of Solid and Liquid Wastes (Adopted 05/07/76)
Rule 474 Fuel Burning Equipment-Oxides of Nitrogen (Adopted 12/04/
81)
Rule 475 Electric Power Generating Equipment (Adopted 08/07/78)
Rule 476 Steam Generating Equipment (Adopted 10/08/76)
Rule 480 Natural Gas Fired Control Devices (Adopted 10/07/77)
Addendum to Regulation IV (Effective 1977)
Rule 518 Variance Procedures for Title V Facilities (Adopted 08/11/
95)
Rule 518.1 Permit Appeal Procedures for Title V Facilities (Adopted
08/11/95)
Rule 518.2 Federal Alternative Operating Conditions (Adopted 12/21/
01)
Rule 701 Air Pollution Emergency Contingency Actions (Adopted 06/13/
97)
Rule 702 Definitions (Adopted 07/11/80)
Rule 708 Plans (Rescinded 09/08/95)
Regulation IX Standard of Performance For New Stationary Sources
(Adopted 4/6/07)
Reg. X National Emission Standards for Hazardous Air Pollutants
(NESHAPS) (Adopted 12/2/05)
Rule 1105.1 Reduction of PM10 And Ammonia Emissions From
Fluid Catalytic Cracking Units (Adopted 11/07/03)
Rule 1106 Marine Coating Operations (Adopted 01/13/95)
Rule 1107 Coating of Metal Parts and Products (Adopted 1/6/06)
Rule 1109 Emissions of Oxides of Nitrogen for Boilers and Process
Heaters in Petroleum Refineries (Adopted 08/05/88)
Rule 1110 Emissions from Stationary Internal Combustion Engines
(Demonstration) (Repealed 11/14/97)
Rule 1110.1 Emissions from Stationary Internal Combustion Engines
(Rescinded 06/03/05)
Rule 1110.2 Emissions from Gaseous and Liquid Fueled Engines
(Adopted 06/03/05)
Rule 1113 Architectural Coatings (Adopted 06/09/06)
Rule 1116.1 Lightering Vessel Operations--Sulfur Content of Bunker
Fuel (Adopted 10/20/78)
Rule 1121 Control of Nitrogen Oxides from Residential-Type Natural
Gas-Fired Water Heaters (Adopted 09/03/04)
Rule 1122 Solvent Degreasers (Adopted 10/01/04)
Rule 1123 Refinery Process Turnarounds (Adopted 12/07/90)
Rule 1125 Metal Container, Closure, and Coil Coating Operations
(Adopted 01/13/95)
Rule 1129 Aerosol Coatings (Adopted 03/08/96)
Rule 1132 Further Control of VOC Emissions from High-Emitting Spray
Booth Facilities (Adopted 05/05/06)
Rule 1134 Emissions of Oxides of Nitrogen from Stationary Gas
Turbines (Adopted 08/08/97)
Rule 1136 Wood Products Coatings (Adopted 06/14/96)
Rule 1137 PM10 Emission Reductions from Woodworking Operations
(Adopted 02/01/02)
Rule 1140 Abrasive Blasting (Adopted 08/02/85)
Rule 1142 Marine Tank Vessel Operations (Adopted 07/19/91)
Rule 1146 Emissions of Oxides of Nitrogen from Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters (Adopted 11/17/00)
Rule 1146.1 Emission of Oxides of Nitrogen from Small Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters (Adopted 05/13/94)
Rule 1146.2 Emissions of Oxides of Nitrogen from Large Water Heaters
and Small Boilers (Adopted 05/05/06)
Rule 1148 Thermally Enhanced Oil Recovery Wells (Adopted 11/05/82)
Rule 1149 Storage Tank Cleaning And Degassing (Adopted 07/14/95)
Rule 1162 Polyester Resin Operations (Adopted 07/08/05)
Rule 1168 Adhesive and Sealant Applications (Adopted 01/07/05)
Rule 1171 Solvent Cleaning Operations (Adopted 07/14/06)
Rule 1173 Control of Volatile Organic Compounds Leaks and Releases
From Components At Petroleum Facilities and Chemical Plants (Adopted
06/01/07)
Rule 1176 VOC Emissions from Wastewater Systems (Adopted 09/13/96)
Rule 1178 Further Reductions of VOC Emissions from Storage Tanks at
Petroleum Facilities (Adopted 04/07/06)
Rule 1301 General (Adopted 12/07/95)
Rule 1302 Definitions (Adopted 12/06/02)
Rule 1303 Requirements (Adopted 12/06/02)
Rule 1304 Exemptions (Adopted 06/14/96)
Rule 1306 Emission Calculations (Adopted 12/06/02)
Rule 1313 Permits to Operate (Adopted 12/07/95)
Rule 1403 Asbestos Emissions from Demolition/Renovation Activities
(Adopted 11/06/06)
Rule 1470 Requirements for Stationary Diesel-Fueled Internal
Combustion and Other Compression Ignition Engines (Adopted 06/01/07)
Rule 1605 Credits for the Voluntary Repair of On-Road Motor Vehicles
Identified Through Remote Sensing Devices (Adopted 10/11/96)
Rule 1610 Old-Vehicle Scrapping (Adopted 02/12/99)
Rule 1612 Credits for Clean On-Road Vehicles (Adopted 07/10/98)
Rule 1612.1 Mobile Source Credit Generation Pilot Program (Adopted
03/16/01)
Rule 1620 Credits for Clean Off-Road Mobile Equipment (Adopted 07/
10/98)
Rule 1701 General (Adopted 08/13/99)
Rule 1702 Definitions (Adopted 08/13/99)
Rule 1703 PSD Analysis (Adopted 10/07/88)
Rule 1704 Exemptions (Adopted 08/13/99)
Rule 1706 Emission Calculations (Adopted 08/13/99)
Rule 1713 Source Obligation (Adopted 10/07/88)
Regulation XVII Appendix (effective 1977)

Rule 1901 General Conformity (Adopted 09/09/94)
Regulation XX Regional Clean Air Incentives Market (Reclaim)
Rule 2000 General (Adopted 05/06/05)
Rule 2001 Applicability (Adopted 05/06/05)
Rule 2002 Allocations for Oxides of Nitrogen (NOX) and
Oxides of Sulfur (SOx) (Adopted 01/07/05)
Rule 2004 Requirements (Adopted 04/06/07) except (l)
Rule 2005 New Source Review for RECLAIM (Adopted 05/06/05) except
(i)
Rule 2006 Permits (Adopted 05/11/01)
Rule 2007 Trading Requirements (Adopted 04/06/07)
Rule 2008 Mobile Source Credits (Adopted 10/15/93)
Rule 2009 Compliance Plan for Power Producing Facilities (Adopted
01/07/05)
Rule 2010 Administrative Remedies and Sanctions (Adopted 04/06/07)
Rule 2011 Requirements for Monitoring, Reporting, and Recordkeeping
for Oxides of Sulfur (SOx) Emissions (Adopted 05/06/05)
Appendix A Volume IV--(Protocol for oxides of sulfur) (Adopted 05/
06/05)
Rule 2012 Requirements for Monitoring, Reporting, and Recordkeeping
for Oxides of Nitrogen (NOX) Emissions (Adopted 05/06/05)
Appendix A Volume V--(Protocol for oxides of nitrogen) (Adopted 05/
06/05)
Rule 2015 Backstop Provisions (Adopted 06/04/04) except (b)(1)(G)
and (b)(3)(B)
Rule 2020 RECLAIM Reserve (Adopted 05/11/01)
Rule 2100 Registration of Portable Equipment (Adopted 07/11/97)
Rule 2506 Area Source Credits for NOX and SOx (Adopted
12/10/99)
XXX Title V Permits
Rule 3000 General (Adopted 11/14/97)
Rule 3001 Applicability (Adopted 11/14/97)
Rule 3002 Requirements (Adopted 11/14/97)
Rule 3003 Applications (Adopted 03/16/01)
Rule 3004 Permit Types and Content (Adopted 12/12/97)
Rule 3005 Permit Revisions (Adopted 03/16/01)
Rule 3006 Public Participation (Adopted 11/14/97)
Rule 3007 Effect of Permit (Adopted 10/08/93)
Rule 3008 Potential To Emit Limitations (Adopted 03/16/01)
XXXI Acid Rain Permit Program (Adopted 02/10/95)
    (8) The following requirements are contained in Ventura County
Air Pollution Control District Requirements Applicable to OCS
Sources:
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 04/10/07)
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, Wastewater 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. E7-22457 Filed 11-15-07; 8:45 am]

BILLING CODE 6560-50-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life. In brief, I smoked approximately 1-1/2 packs of cigarettes for over 16 years.  I tried every other method to quit, including the nicotine patch and chantix, with no success.  Using an e-cigarette, I have not smoked a combustible cigarette for 8 months now and I continue to reduce my nicotine level. My “smoker’s cough” disappeared within three weeks of using the e-cigarette and my personal doctors are all supportive of the switch. I wish for more time to provide you with a more complete account of my personal story, as well as science- and evidence-based responses to your questions so that you can take my expanded comments into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


Onshore Petroleum and Natural Gas Gathering and Boosting reporters [38]
                                                                           0.17
                                                                            3.7
                                                                           0.62
                                                                            200
                                                                         123.0

                                                                          12.3
                                                                           6.2
                                                                        $14,464

Calculation using Eq. W-6 (M3)

Onshore Natural Gas Processing reporters [13,39]
                                                                           0.17
                                                                            2.7
                                                                           0.45
                                                                            146
                                                                          65.7

                                                                           6.6
                                                                           3.3
                                                                         $7,724

Onshore Petroleum and Natural Gas Production existing reporters [13,39]
                                                                           0.17
                                                                            7.8
                                                                           1.30
                                                                             42
                                                                          54.6

                                                                           5.5
                                                                            2.7
                                                                         $6,419

Onshore Petroleum and Natural Gas Production new reporters [3][9,40]
                                                                           0.17
                                                                            7.8
                                                                           1.30
                                                                             50
                                                                          65.0

                                                                           6.5
                                                                           3.3
                                                                         $7,641

Onshore Petroleum and Natural Gas Gathering and Boosting reporters [39][,41]
                                                                           0.17
                                                                            1.8
                                                                            0.3
                                                                            200
                                                                          60.7

                                                                         $6,024

EOR Hydrocarbon Liquid Dissolved CO2

Measure volume of hydrocarbon liquids produced through EOR operations

Onshore Petroleum and Natural Gas Production existing reporters [42,43]
                                                                           0.17
                                                                            3.0
                                                                           0.50
                                                                             15

                                                                           7.5

                                                                           $396

Onshore Petroleum and Natural Gas Production new reporters [39,42]
                                                                           0.17
                                                                            3.0
                                                                           0.50
                                                                             50

                                                                            25

                                                                         $1,321

Determine average CO2 retained in HC liquids downstream of the storage tank

Onshore Petroleum and Natural Gas Production existing reporters [42,43]
                                                                           0.17
                                                                            3.0
                                                                           0.50
                                                                             15

                                                                           7.5

                                                                           $396

Onshore Petroleum and Natural Gas Production new reporters [39,42]
                                                                           0.17
                                                                            3.0
                                                                           0.50
                                                                             50

                                                                            25

                                                                         $1,321

Calculation using Eq. W-38

Onshore Petroleum and Natural Gas Production existing reporters [42,43]
                                                                           0.17
                                                                            3.0
                                                                           0.50
                                                                             15
                                                                           7.5

                                                                           $744

Onshore Petroleum and Natural Gas Production new reporters [3][9][,42]
                                                                           0.17
                                                                            3.0
                                                                           0.50
                                                                             50
                                                                          25.0

                                                                         $2,480

EOR Injection Pump Blowdown

Calculate total injection pump system volume

Onshore Petroleum and Natural Gas Production existing reporters [13,][44]
                                                                           0.17
                                                                           11.0
                                                                           1.83
                                                                              5
                                                                           9.2

                                                                           $909

Onshore Petroleum and Natural Gas Production new reporters [44]
                                                                           0.17
                                                                           11.0
                                                                           1.83
                                                                             50
                                                                          91.7

                                                                         $9,092

Retain logs of number of blowdowns per year

Onshore Petroleum and Natural Gas Production existing reporters [13][,44]
                                                                           0.17
                                                                           11.0
                                                                           1.83
                                                                              5
                                                                            9.2

                                                                           $909

Onshore Petroleum and Natural Gas Production new reporters [44]
                                                                           0.17
                                                                           11.0
                                                                           0.80
                                                                             50
                                                                          91.7

                                                                         $9,092

Calculate emissions using Eq W-37

Onshore Petroleum and Natural Gas Production existing reporters [13][,44]
                                                                           0.17
                                                                           11.0
                                                                           1.83
                                                                              5
                                                                           9.2

                                                                           $909

Onshore Petroleum and Natural Gas Production new reporters [44]
                                                                           0.17
                                                                           11.0
                                                                           1.83
                                                                             50
                                                                          91.7

                                                                         $9,092

Transmission Tanks at Onshore Natural Gas Transmission Compression reporters

Determine leaks using optical gas imaging instrument [45,46]
                                                                           0.08
                                                                            0.0
                                                                           0.00
                                                                              0

                                                                             $0

Determine leaks using acoustic leak detection device [45,46]
                                                                           0.08
                                                                            0.0
                                                                           0.00
                                                                              0

                                                                             $0

Determine leaks using calibrated bag [42,46]
                                                                           0.17
                                                                            0.0
                                                                           0.00
                                                                              0

                                                                             $0

Determine and quantify leaks using flow meter [13][,42,47]
                                                                           0.17
                                                                            1.9
                                                                           0.32
                                                                            250
                                                                          79.2

                                                                         $7,852

Determine and quantify leaks using high volume sampler [42,46]
                                                                           0.17
                                                                            0.0
                                                                           0.00
                                                                              0

                                                                             $0

Quantify leaks from optical gas imaging instrument and acoustic leak detection device using flow meter [42,46]
                                                                           0.17
                                                                            0.0
                                                                           0.00
                                                                              0

                                                                             $0

Quantify leaks from optical gas imaging instrument and acoustic leak detection device using high volume sampler [42,46]
                                                                           0.17
                                                                            0.0
                                                                           0.00
                                                                              0

                                                                             $0

Calculate emissions [48]
                                                                           0.50
                                                                            1.9
                                                                           0.95
                                                                            250
                                                                         237.5

                                                                        $23,555

Pneumatic Devices

Estimate count of high bleed, low bleed, and intermittent bleed devices and apply population factor (available only in the first two reporting years for new reporters)

Onshore Petroleum and Natural Gas Production new reporters [49,50]
                                                                           0.45
                                                                            1.0
                                                                           0.45
                                                                             50
                                                                          22.5

                                                                         $2,232

Onshore Petroleum and Natural Gas Gathering and Boosting reporters [49,50]
                                                                           0.45
                                                                            1.0
                                                                           0.45
                                                                            200
                                                                          90.0

                                                                         $8,926

Perform inventory of high bleed, low bleed, and intermittent bleed devices and apply population factor

Onshore Natural Gas Transmission Compression reporters  [20,5][1,52]
                                                                           0.45
                                                                            1.0
                                                                           0.45
                                                                            306
                                                                         137.7

                                                                        $13,657

Underground Natural Gas Storage reporters [20,5][1,52]
                                                                           0.45
                                                                            1.0
                                                                           0.45
                                                                             43
                                                                          19.4

                                                                         $1,919

Onshore Petroleum and Natural Gas Production existing reporters [20,5][1,52]
                                                                           0.45
                                                                            1.0
                                                                           0.45
                                                                            456
                                                                         205.2

                                                                        $20,352

Onshore Petroleum and Natural Gas Production new reporters [20,5][1]
                                                                           4.50
                                                                            1.0
                                                                           4.50
                                                                              0
                                                                           -

                                                                             $0

Onshore Petroleum and Natural Gas Gathering and Boosting reporters [20,5][1]
                                                                           4.50
                                                                            1.0
                                                                           4.50
                                                                              0
                                                                           -

                                                                             $0

Storage Tanks

Determine emissions by calculating flashing emissions with software program (M1)

Onshore Petroleum and Natural Gas Production existing reporters [15,][53]
                                                                           0.50
                                                                          340.8
                                                                          170.4
                                                                            289
                                                                      49,245.6

                                                                     $4,884,179

Onshore Petroleum and Natural Gas Production new reporters [15,54,55]
                                                                           0.50
                                                                           69.7
                                                                          34.85
                                                                             45
                                                                       1,559.1

                                                                       $154,636

Onshore Petroleum and Natural Gas Gathering and Boosting reporters [15,55,56]
                                                                           0.50
                                                                            5.4
                                                                           2.71
                                                                            179
                                                                         484.4

                                                                        $48,042

Determine emissions by sampling and analyzing separator oil composition (M2)

Onshore Petroleum and Natural Gas Production existing reporters [15,57]
                                                                           0.02
                                                                            0.0
                                                                           0.00
                                                                              0

                                                                           -

                                                                             $0

Onshore Petroleum and Natural Gas Production new reporters [15,57]
                                                                           0.02
                                                                            0.0
                                                                           0.00
                                                                              0

                                                                             $0

Onshore Petroleum and Natural Gas Gathering and Boosting reporters [15,57]
                                                                           0.02
                                                                            0.0
                                                                           0.00
                                                                              0

                                                                             $0

Determine emissions using equipment counts and population emission factors (M3)

Onshore Petroleum and Natural Gas Production existing reporters [13][,15]
                                                                           0.01
                                                                          162.8
                                                                           1.36
                                                                             34

                                                                          46.1

                                                                         $2,437

Onshore Petroleum and Natural Gas Production new reporters [15,54,55]
                                                                           0.01
                                                                           33.3
                                                                           0.28
                                                                              5

                                                                           1.5

                                                                            $77

Onshore Petroleum and Natural Gas Gathering and Boosting reporters [15,55,56]
                                                                           0.01
                                                                            2.6
                                                                           0.02
                                                                             21

                                                                           0.5

                                                                            $24

Pneumatic Pumps

Perform inventory of pneumatic pumps and apply population factor

Onshore Petroleum and Natural Gas Production existing reporters [20][,5][1]
                                                                           0.45
                                                                            1.0
                                                                           0.45
                                                                            330
                                                                         148.5

                                                                        $14,728

Onshore Petroleum and Natural Gas Production new reporters [5][1]
                                                                           4.50
                                                                            1.0
                                                                           4.50
                                                                             50
                                                                         225.0

                                                                        $22,316

Onshore Petroleum and Natural Gas Gathering and Boosting reporters [5][1]
                                                                           4.50
                                                                            1.0
                                                                           4.50
                                                                            200
                                                                         900.0

                                                                        $89,262

Onshore Petroleum and Natural Gas Production new reporters [20,51]
                                                                           0.45
                                                                            1.0
                                                                           0.45
                                                                              0
                                                                           -

                                                                             $0

Onshore Petroleum and Natural Gas Gathering and Boosting reporters [20,51]
                                                                           0.45
                                                                            1.0
                                                                           0.45
                                                                              0
                                                                           -

                                                                             $0

Well Testing

Determine GOR

Onshore Petroleum and Natural Gas Production existing reporters [13,][58,59]
                                                                           0.17
                                                                            0.0
                                                                           0.00
                                                                              0

                                                                             $0

Onshore Petroleum and Natural Gas Production new reporters [13,][58,59]
                                                                           0.17
                                                                            0.0
                                                                           0.00
                                                                              0

                                                                             $0

Determine production rate

Onshore Petroleum and Natural Gas Production existing reporters [13,][58,][60]
                                                                           0.17
                                                                            0.0
                                                                           0.00
                                                                              0

                                                                             $0

Onshore Petroleum and Natural Gas Production new reporters [13,][58,][60]
                                                                           0.17
                                                                            0.0
                                                                           0.00
                                                                              0

                                                                             $0

Calculate emissions using Eq W-17A or W-17B

Onshore Petroleum and Natural Gas Production existing reporters [13,][58]
                                                                           0.17
                                                                            569
                                                                          94.83
                                                                             49
                                                                       4,646.8

                                                                       $460,873

Onshore Petroleum and Natural Gas Production new reporters [13,][58]
                                                                           0.17
                                                                            569
                                                                          94.83
                                                                             50
                                                                       4,741.7

                                                                       $470,229

Well Venting for Liquids Unloading

Measure flow rate (M1)

Onshore Petroleum and Natural Gas Production existing reporters [13][,15]
                                                                           0.08
                                                                            0.0
                                                                           0.00
                                                                              0

                                                                             $0

Onshore Petroleum and Natural Gas Production new reporters [13][,15]
                                                                           0.08
                                                                            0.0
                                                                           0.00
                                                                              0

                                                                             $0

Calculate emissions (M1)

Onshore Petroleum and Natural Gas Production existing reporters [13][,15]
                                                                           0.17
                                                                            0.0
                                                                           0.00
                                                                              0

                                                                             $0

Onshore Petroleum and Natural Gas Production new reporters [13][,15]
                                                                           0.17
                                                                            0.0
                                                                           0.00
                                                                              0

                                                                             $0

Determine well counts, number of events, well depth, calculate pressure, calculate flow (M2 and M3)

Onshore Petroleum and Natural Gas Production existing reporters [58]
                                                                           0.17
                                                                          203.4
                                                                          36.33
                                                                            255
                                                                       9,265.0

                                                                       $780,031

Onshore Petroleum and Natural Gas Production new reporters [39,][58]
                                                                           0.17
                                                                            5.0
                                                                           0.83
                                                                             50
                                                                          41.7

                                                                         $4,133

Gas Well Completions and Workovers

Measure flowback from Completions and Workovers with Hydraulic Fracturing (M1)

Onshore Petroleum and Natural Gas Production existing reporters [13][,15,57]
                                                                           0.00
                                                                            0.0
                                                                           0.00
                                                                            183

                                                                             $0

Calculate emissions from Completions and Workovers with Hydraulic Fracturing (M2)

Onshore Petroleum and Natural Gas Production reporters [13][,42]
                                                                           0.17
                                                                           39.6
                                                                           3.38
                                                                            183
                                                                       1,207.2

                                                                       $119,290

Determine number of workovers and completions to estimate emissions from Completions and Workovers without Hydraulic Fracturing

Onshore Petroleum and Natural Gas Production reporters [15,6][1]
                                                                           0.17
                                                                           39.6
                                                                           3.38
                                                                            212
                                                                       1,399.2

                                                                       $138,773

Oil Well Completions and Workovers

Measure flowback from Completions and Workovers with Hydraulic Fracturing and determine emissions

Onshore Petroleum and Natural Gas Production existing reporters [6][2,63,64]
                                                                          24.00
                                                                            6.0
                                                                         144.00
                                                                            246
                                                                      35,424.0

                                                                     $3,513,352

Onshore Petroleum and Natural Gas Production new reporters [6][2]
                                                                          24.00
                                                                            6.0
                                                                         144.00
                                                                             50
                                                                       7,200.0

                                                                       $714,096

Flare Stacks

Determine volume of gas sent to the flare; determine fraction of the feed gas sent to an un-lit flare; and determine flare combustion efficiency

Onshore Natural Gas Processing reporters [13][,6][5]
                                                                           0.33
                                                                            2.1
                                                                           0.70
                                                                            317
                                                                         221.9

                                                                        $22,008

Onshore Petroleum and Natural Gas Production existing reporters [13,65]
                                                                           0.33
                                                                           90.1
                                                                          30.03
                                                                            245
                                                                       7,358.2

                                                                       $729,783

Onshore Petroleum and Natural Gas Production new reporters [39,6][5]
                                                                           0.33
                                                                           90.1
                                                                          30.03
                                                                             50
                                                                       1,501.7

                                                                       $148,935

Onshore Petroleum and Natural Gas Gathering and Boosting reporters [6][5,66]
                                                                           0.33
                                                                           18.0
                                                                           6.00
                                                                            200
                                                                       1,200.0

                                                                       $119,016

Calculate emissions

Onshore Natural Gas Processing reporters [13,1][5]
                                                                           0.17
                                                                            2.1
                                                                           0.35
                                                                            317
                                                                         111.0

                                                                        $11,004

Onshore Petroleum and Natural Gas Production existing reporters [13][,15]
                                                                           0.17
                                                                           90.1
                                                                          15.02
                                                                            245
                                                                        3,679.1

                                                                       $364,891

Onshore Petroleum and Natural Gas Production new reporters [15,39]
                                                                           0.17
                                                                           90.1
                                                                          15.02
                                                                             50
                                                                         750.8

                                                                        $74,468

Onshore Petroleum and Natural Gas Gathering and Boosting reporters [15,66]
                                                                           0.17
                                                                           18.0
                                                                           3.00
                                                                            200
                                                                         600.0

                                                                        $59,508

C. Create Information (Included in 4B)

D. Gather Existing Information (Included in 4E)

E. Write Report

Annual Compliance Reporting through e-GGRT  [6][7]
                                                                          15.00
                                                                            1.0
                                                                          15.00
                                                                          2,179
                                                                      32,685.0

                                                                        3,268.5
                                                                       1,634.3
                                                                     $3,842,367
5. RECORDKEEPING REQUIREMENTS

A. Read Instructions (Included in 4A)

B. Plan Activities (Included in 4B)

C. Implement Activities (Included in 4B)

D. Recordkeeping  [68]
                                                                          10.00
                                                                            1.0
                                                                          10.00
                                                                          2,179
                                                                      21,790.0

                                                                       2,179.0
                                                                       1,089.5
                                                                     $2,561,578

E. Time to Transmit or Disclose Information (included in 4E)

F. Time to Train Personnel (included in 4A)

G. Time for Audits (Not Applicable)

ANNUAL TESTING COSTS (O&M)

Acid gas removal units

Quarterly gas samples and analyses

Onshore Natural Gas Processing reporters [13][,][69]

                                                                            5.2

                                                                             64

                                                                       $133,120

Onshore Petroleum and Natural Gas Production existing reporters [13,69]

                                                                            4.0

                                                                              6