[Federal Register Volume 62, Number 167 (Thursday, August 28, 1997)]
[Proposed Rules]
[Pages 45604-45606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22950]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5883-9]

40 CFR Part 55


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 portion of 
the OCS air regulations that is being updated pertains to the 
requirements for OCS sources for which the Ventura County Air Pollution 
Control District (Ventura County APCD) is the designated COA. The 
intended effect of approving the OCS requirements for the above 
District, contained in the Technical Support Document, is to regulate 
emissions from OCS sources in accordance with the requirements onshore. 
The change to the existing requirements discussed below are proposed to 
be incorporated by reference into the Code of Federal Regulations and 
are listed in the appendix to the OCS air regulations.

DATES: Comments on the proposed update must be received on or before 
September 29, 1997.

ADDRESSES: Comments must be mailed (in duplicate if possible) to: EPA 
Air Docket (Air-4), Attn: Docket No. A-93-16 Section XV, Environmental 
Protection Agency, Air Division, Region 9, 75 Hawthorne St., San 
Francisco, CA 94105.
    Docket: Supporting information used in developing the rules and 
copies of the document EPA is proposing to incorporate by reference are 
contained in Docket No. A-93-16 Section XV. This docket is available 
for public inspection and copying Monday-Friday during regular business 
hours at the following locations:

EPA Air Docket (Air-4), Attn: Docket No. A-93-16 Section XV, 
Environmental Protection Agency, Air Division, Region 9, 75 Hawthorne 
St., San Francisco, CA 94105.
EPA Air Docket (LE-131), Attn: Air Docket No. A-93-16 Section XV, 
Environmental Protection Agency, 401 M Street SW, Room M-1500, 
Washington, DC 20460.

    A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT:
Christine Vineyard, Air Division (Air-4), U.S. EPA Region 9, 75 
Hawthorne Street, San Francisco, CA 94105, (415) 744-1197.

SUPPLEMENTARY INFORMATION:

Background

    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 section 55.12 of the OCS rule, consistency reviews will 
occur (1) at least annually; (2) upon receipt of a Notice of Intent 
under section 55.4; or (3) when a state or local agency submits a rule 
to EPA to be considered for incorporation by reference in part 55. This 
proposed action is being taken in response to the submittal of rules by 
a local air pollution control agency.

[[Page 45605]]

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) 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.

EPA Evaluation and Proposed Action

    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 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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    A. After review of the following rule revisions submitted by 
Ventura County APCD against the criteria set forth above and in 40 CFR 
part 55, EPA is proposing to make them applicable to OCS sources for 
which Ventura County APCD is designated as the COA:

Rule 42  Permit Fees (Adopted 4/15/97)
Rule 74.20  Adhesives and Sealants (Adopted 1/14/97)

III. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    As was stated in the final regulation, the OCS rule does not apply 
to any small entities, and the structure of the rule averts direct 
impacts and mitigates indirect impacts on small entities. This 
consistency update merely incorporates onshore requirements into the 
OCS rule to maintain consistency with onshore regulations as required 
by section 328 of the Act and does not alter the structure of the rule.
    The EPA certifies that this proposed action will not have a 
significant impact on a substantial number of small entities.

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
private sector, of $100 million or more. Under section 205, EPA must 
select the most cost-effective and least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    EPA has determined that the approval action proposed does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either States, local, or tribal OCS governments in 
the aggregate, or to the private sector. This Federal action approves 
pre-existing requirements under State or local law, and imposes no new 
Federal requirements. Accordingly, no additional costs to State, local, 
or tribal governments, or to the private sector, result from this 
action.

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: August 19, 1997.
Felicia Marcus,
Regional Administrator.

    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. Sec. 7401 
et seq.) as amended by Public Law 101-549.

    2. Section 55.14 is proposed to be amended by revising paragraph 
(e)(3)(ii)(H) to read as follows:


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

* * * * *
    (e) * * *
    (3) * * *
    (ii) * * *
    (H) Ventura County Air Pollution Control District Requirements 
Applicable to OCS Sources.
* * * * *
    3. Appendix A to CFR Part 55 is proposed to be amended by revising 
paragraph (b)(8) under the heading ``California'' to read as follows:

Appendix A to 40 CFR Part 55--Listing of State and Local Requirements 
Incorporated by Reference Into Part 55, by State

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

Rule 2  Definitions (Adopted 4/9/96)
Rule 5  Effective Date (Adopted 5/23/72)

[[Page 45606]]

Rule 6  Severability (Adopted 11/21/78)
Rule 7  Zone Boundaries (Adopted 6/14/77)
Rule 10  Permits Required (Adopted 6/13/95)
Rule 11  Definition for Regulation II (Adopted 6/13/95)
Rule 12  Application for Permits (Adopted 6/13/95)
Rule 13  Action on Applications for an Authority to Construct 
(Adopted 6/13/95)
Rule 14  Action on Applications for a Permit to Operate (Adopted 6/
13/95)
Rule 15.1  Sampling and Testing Facilities (Adopted 10/12/93)
Rule 16  BACT Certification (Adopted 6/13/95)
Rule 19  Posting of Permits (Adopted 5/23/72)
Rule 20  Transfer of Permit (Adopted 5/23/72)
Rule 23  Exemptions from Permits (Adopted 7/9/96)
Rule 24  Source Recordkeeping, Reporting, and Emission Statements 
(Adopted 9/15/92)
Rule 26  New Source Review (Adopted 10/22/91)
Rule 26.1  New Source Review--Definitions (Adopted 10/22/91)
Rule 26.2  New Source Review--Requirements (Adopted 10/22/91)
Rule 26.3  New Source Review--Exemptions (Adopted 10/22/91)
Rule 26.6  New Source Review--Calculations (Adopted 10/22/91)
Rule 26.8  New Source Review--Permit To Operate (Adopted 10/22/91)
Rule 26.10  New Source Review--PSD (Adopted 10/22/91)
Rule 28  Revocation of Permits (Adopted 7/18/72)
Rule 29  Conditions on Permits (Adopted 10/22/91)
Rule 30  Permit Renewal (Adopted 5/30/89)
Rule 32  Breakdown Conditions: Emergency Variances, A., B.1., and D. 
only. (Adopted 2/20/79)
Rule 33  Part 70 Permits--General (Adopted 10/12/93)
Rule 33.1  Part 70 Permits--Definitions (Adopted 10/12/93)
Rule 33.2  Part 70 Permits--Application Contents (Adopted 10/12/93)
Rule 33.3  Part 70 Permits--Permit Content (Adopted 10/12/93)
Rule 33.4  Part 70 Permits--Operational Flexibility (Adopted 10/12/
93)
Rule 33.5  Part 70 Permits--Timeframes for Applications, Review and 
Issuance (Adopted 10/12/93)
Rule 33.6  Part 70 Permits--Permit Term and Permit Reissuance 
(Adopted 10/12/93)
Rule 33.7  Part 70 Permits--Notification (Adopted 10/12/93)
Rule 33.8  Part 70 Permits--Reopening of Permits (Adopted 10/12/93)
Rule 33.9  Part 70 Permits--Compliance Provisions (Adopted 10/12/93)
Rule 33.10  Part 70 Permits--General Part 70 Permits (Adopted 10/12/
93)
Rule 34  Acid Deposition Control (Adopted 3/14/95)
Rule 35  Elective Emission Limits (Adopted 11/12/96)
Appendix II-B  Best Available Control Technology (BACT) Tables 
(Adopted 12/86)
Rule 42  Permit Fees (Adopted 4/15/97)
Rule 44  Exemption Evaluation Fee (Adopted 9/10/96)
Rule 45  Plan Fees (Adopted 6/19/90)
Rule 45.2  Asbestos Removal Fees (Adopted 8/4/92)
Rule 50  Opacity (Adopted 2/20/79)
Rule 52  Particulate Matter--Concentration (Adopted 5/23/72)
Rule 53  Particulate Matter--Process Weight (Adopted 7/18/72)
Rule 54  Sulfur Compounds (Adopted 6/14/94)
Rule 56  Open Fires (Adopted 3/29/94)
Rule 57  Combustion Contaminants--Specific (Adopted 6/14/77)
Rule 60  New Non-Mobile Equipment--Sulfur Dioxide, Nitrogen Oxides, 
and Particulate Matter (Adopted 7/8/72)
Rule 62.7  Asbestos--Demolition and Renovation (Adopted 6/16/92)
Rule 63  Separation and Combination of Emissions (Adopted 11/21/78)
Rule 64  Sulfur Content of Fuels (Adopted 6/14/94)
Rule 67  Vacuum Producing Devices (Adopted 7/5/83)
Rule 68  Carbon Monoxide (Adopted 6/14/77)
Rule 71  Crude Oil and Reactive Organic Compound Liquids (Adopted 
12/13/94)
Rule 71.1  Crude Oil Production and Separation (Adopted 6/16/92)
Rule 71.2  Storage of Reactive Organic Compound Liquids (Adopted 9/
26/89)
Rule 71.3  Transfer of Reactive Organic Compound Liquids (Adopted 6/
16/92)
Rule 71.4  Petroleum Sumps, Pits, Ponds, and Well Cellars (Adopted 
6/8/93)
Rule 71.5  Glycol Dehydrators (Adopted 12/13/94)
Rule 72  New Source Performance Standards (NSPS) (Adopted 9/10/96)
Rule 74  Specific Source Standards (Adopted 7/6/76)
Rule 74.1  Abrasive Blasting (Adopted 11/12/91)
Rule 74.2  Architectural Coatings (Adopted 8/11/92)
Rule 74.6  Surface Cleaning and Degreasing (Adopted 7/9/96)
Rule 74.6.1  Cold Cleaning Operations (Adopted 7/9/96)
Rule 74.6.2  Batch Loaded Vapor Degreasing Operations (Adopted 7/9/
96)
Rule 74.7  Fugitive Emissions of Reactive Organic Compounds at 
Petroleum Refineries and Chemical Plants (Adopted 1/10/89)
Rule 74.8  Refinery Vacuum Producing Systems, Waste-water Separators 
and Process Turnarounds (Adopted 7/5/83)
Rule 74.9  Stationary Internal Combustion Engines (Adopted 12/21/93)
Rule 74.10  Components at Crude Oil Production Facilities and 
Natural Gas Production and Processing Facilities (Adopted 6/16/92)
Rule 74.11  Natural Gas-Fired Residential Water Heaters--Control of 
NO<INF>X</INF> (Adopted 4/9/85)
Rule 74.12  Surface Coating of Metal Parts and Products (Adopted 9/
10/96)
Rule 74.15  Boilers, Steam Generators and Process Heaters (5MM BTUs 
and greater) (Adopted 11/8/94)
Rule 74.15.1  Boilers, Steam Generators and Process Heaters (1-5MM 
BTUs) (Adopted 6/13/95)
Rule 74.16  Oil Field Drilling Operations (Adopted 1/8/91)
Rule 74.20  Adhesives and Sealants (Adopted 1/14/97)
Rule 74.23  Stationary Gas Turbines (Adopted 3/14/95)
Rule 74.24  Marine Coating Operations (Adopted 9/10/96)
Rule 74.26  Crude Oil Storage Tank Degassing Operations (Adopted 11/
8/94)
Rule 74.27  Gasoline and ROC Liquid Storage Tank Degassing 
Operations (Adopted 11/8/94)
Rule 74.28  Asphalt Roofing Operations (Adopted 5/10/94)
Rule 74.30  Wood Products Coatings (Adopted 9/10/96)
Rule 75  Circumvention (Adopted 11/27/78)
Appendix IV-A  Soap Bubble Tests (Adopted 12/86)
Rule 100  Analytical Methods (Adopted 7/18/72)
Rule 101  Sampling and Testing Facilities (Adopted 5/23/72)
Rule 102  Source Tests (Adopted 11/21/78)
Rule 103  Stack Monitoring (Adopted 6/4/91)
Rule 154  Stage 1 Episode Actions (Adopted 9/17/91)
Rule 155  Stage 2 Episode Actions (Adopted 9/17/91)
Rule 156  Stage 3 Episode Actions (Adopted 9/17/91)
Rule 158  Source Abatement Plans (Adopted 9/17/91)
Rule 159  Traffic Abatement Procedures (Adopted 9/17/91)
Rule 220  General Conformity (Adopted 5/9/95)
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[FR Doc. 97-22950 Filed 8-27-97; 8:45 am]
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