17748 Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Proposed Rules

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.

List of Subjects in 40 CFR Part 52

Air pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements.

Authority: 42 U.S.C. 7401–7671q.

Dated: March 22, 1995.

Stanley Laskowski,

Acting Regional Administrator, Region III.

[FR Doc. 95–8607 Filed 4–6–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 55

[FRL–5185–8]

Outer Continental Shelf Air

Regulations Consistency Update for

California

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed rulemaking;

consistency update.

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 (‘‘the Act’’), the Clean Air

Act Amendments of 1990. The portion

of the OCS air regulations being updated

pertain to the operating permit

requirements for OCS sources for which

the Ventura County Air Pollution

Control District (Ventura County APCD)

is the designated COA. The OCS

requirements for the above District,

contained in the Technical Support

Document, 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

May 8, 1995.

ADDRESSES: Comments must be mailed

(in duplicate if possible) to: EPA Air

Docket (A–5), Attn: Docket No. A–93–16

Section VIII, Environmental Protection

Agency, Air and Toxics Division,

Region 9, 75 Hawthorne St., San

Francisco, CA 94105.

Docket: Supporting information used

in developing the proposed notice and

copies of the documents EPA is

proposing to incorporate by reference

are contained in Docket No. A–93–16

(Section VIII). This docket is available

for public inspection and copying

Monday–Friday during regular business

hours at the following locations:

EPA Air Docket (A–5), Attn: Docket No.

A–93–16 Section VIII, Environmental

Protection Agency, Air and Toxics

Division, Region 9, 75 Hawthorne St.,

San Francisco, CA 94105.

EPA Air Docket (LE–6102), Attn: Air

Docket No. A–93–16 Section VIII,

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 and Toxics

Division (A–5–3), 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.

Pursuant to § 55.12 of the OCS rule,

consistency reviews will occur (1) at

least annually; (2) upon receipt of a

Notice of Intent (NOI) under § 55.4; and

(3) when a state or local agency submits

a rule to EPA to be considered for

incorporation by reference in part 55.

This NPR is being promulgated in

response to the submittal of part 70

permit rules by a local air pollution

control agency.

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.

EPA Evaluation and Proposed Action

On November 22, 1994 (59 FR 60104),

EPA proposed interim approval of the

Ventura County APCD Operating

Permits Program (part 70 permits). EPA

is now proposing to update 40 CFR part

55 by incorporating the requirements of

this program, in response to Ventura

County APCD’s request and to maintain

consistency with onshore requirements.

These proposed requirements will apply

to the extent 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, that they are applicable to OCS

sources, and that they do not solely

regulate pollutants or precursors to

pollutants for which there is no Federal

or State ambient air quality standard.

These proposed Ventura County APCD

part 70 permit requirements applicable

to OCS sources will not be finalized in

part 55 until EPA takes final action

granting full or interim approval to the

Ventura County APCD Operating

Permits Program.

The following Ventura County APCD

part 70 permit requirement were

submitted for inclusion in part 55:

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)
Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Proposed Rules 17749

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)

B. Regulatory Flexibility Act

As was stated in the final OCS

regulation, the OCS rule does not apply

to any small entities, and the structure

of the rule averts direct impacts and

mitigates indirect impacts on small

entities. This consistency update merely

incorporates onshore part 70 permit

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 OCS rule. Because this action

does not create any new requirements,

it does not have a significant impact on

a substantial number of small entities.

C. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from Executive Order 12866

review.

List of Subjects in 40 CFR Part 55

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: March 27, 1995.

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. 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:

§ 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.

* * * * *

4. Appendix A to 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) Local requirements.

* * * * *

(8) The following requirements are

contained in Ventura County Air

Pollution Control District Requirements

Applicable to OCS Sources:

Rule 2 Definitions (Adopted 12/15/92)

Rule 5 Effective Date (Adopted 5/23/72)

Rule 6 Severability (Adopted 11/21/78)

Rule 7 Zone Boundaries (Adopted 6/14/77)

Rule 10 Permits Required (Adopted 7/5/83)

Rule 11 Application Contents (Adopted 8/

15/78)

Rule 12 Statement by Application Preparer

(Adopted 6/16/87)

Rule 13 Statement by Applicant (Adopted

11/21/78)

Rule 14 Trial Test Runs (Adopted 5/23/72)

Rule 15.1 Sampling and Testing Facilities

(Adopted 10/12/93)

Rule 16 Permit Contents (Adopted 12/2/80)

Rule 18 Permit to Operate Application

(Adopted 8/17/76)

Rule 19 Posting of Permits (Adopted 5/23/

72)

Rule 20 Transfer of Permit (Adopted 5/23/

72)

Rule 21 Expiration of Applications and

Permits (Adopted 6/23/81)

Rule 23 Exemptions from Permits (Adopted

3/22/94)

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 10/10/93)

Appendix II-A Information Required for

Applications to the Air Pollution Control

District (Adopted 12/86)

Appendix II-B Best Available Control

Technology (BACT) Tables (Adopted 12/

86)

Rule 42 Permit Fees (Adopted 12/22/92)

Rule 44 Exemption Evaluation Fee

(Adopted 1/8/91)

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 66 Organic Solvents (Adopted 11/24/

87)

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 6/8/93)

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 72 New Source Performance Standards

(NSPS) (Adopted 7/13/93)
17750 Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Proposed Rules

Rule 74 Specific Source Standards

(Adopted 7/6/76)

Rule 74.1 Abrasive Blasting (Adopted 11/

12/91)

Rule 74.2 Architectural Coatings (Adopted

08/11/92)

Rule 74.6 Surface Cleaning and Degreasing

(Adopted 5/8/90)

Rule 74.6.1 Cold Cleaning Operations

(Adopted 9/12/89)

Rule 74.6.2 Batch Loaded Vapor Degreasing

Operations (Adopted 9/12/89)

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 NOx (Adopted

4/9/85)

Rule 74.12 Surface Coating of Metal Parts

and Products (Adopted 11/17/92)

Rule 74.15 Boilers, Steam Generators and

Process Heaters (5MM BTUs and greater)

(Adopted 12/3/91)

Rule 74.15.1 Boilers, Steam Generators and

Process Heaters (1–5MM BTUs)

(Adopted 5/11/93)

Rule 74.16 Oil Field Drilling Operations

(Adopted 1/8/91)

Rule 74.20 Adhesives and Sealants

(Adopted 6/8/93)

Rule 74.24 Marine Coating Operations

(Adopted 3/8/94)

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)

[FR Doc. 95–8604 Filed 4–6–95; 8:45 am]

BILLING CODE 6050–50–P

40 CFR Part 70

[LA–001; FRL–5185–4]

Clean Air Act Proposed Full Approval

of Operating Permits Program;

Louisiana Department of

Environmental Quality

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed full approval.

SUMMARY: The EPA proposes to rescind

the proposed interim approval of the

Louisiana Operating Permits Program

published in the Federal Register (see

59 FR 43797, August 25, 1994)

(hereafter Interim Approval Notice) and

propose full approval of the Operating

Permits Program as revised by the

State’s November 16, 1994, submittal.

The proposed interim approval in the

Interim Approval Notice was based

upon the Operating Permits Program

submitted by the Governor of Louisiana

for the Louisiana Department of

Environmental Quality (LDEQ) and

received by the EPA on November 15,

1993. On November 16, 1994, the State

submitted material revisions adequately

addressing the issues raised by the EPA

in the Interim Approval Notice and

adding insignificant activities criteria to

the Louisiana Operating Permits

Program. This revised Operating Permits

Program will provide for the issuance of

operating permits to all major stationary

sources and to certain other sources

with the exception of sources on Indian

Lands, in compliance with the Federal

requirements.

DATES: Comments on this proposed

action must be received in writing by

May 8, 1995.

ADDRESSES: Written comments on this

action should be addressed to Ms. Jole

C. Luehrs, Chief, New Source Review

Section, at the EPA Region 6 Office

listed below. Copies of the State’s

submittal and other supporting

information used in developing the

proposed full approval are available for

inspection during normal business

hours at the following locations.

Interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before visiting day.

Environmental Protection Agency,

Region 6, Air Programs Branch (6T–

AN), 1445 Ross Avenue, Suite 700,

Dallas, Texas 75202–2733. Louisiana

Department of Environmental Quality,

Office of Air Quality, 7290 Bluebonnet

Boulevard, P.O. Box 82135, Baton

Rouge, Louisiana 70884–2135.

FOR FURTHER INFORMATION CONTACT:

Joyce P. Stanton, New Source Review

Section, Environmental Protection

Agency, Region 6, 1445 Ross Avenue,

Suite 700, Dallas, Texas 75202–2733,

telephone 214–665–7218.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Introduction

As required under title V of the Clean

Air Act as amended on November 15,

1990 (‘‘the Act’’), the EPA has

promulgated rules which define the

minimum elements of an approvable

State Operating Permits Program and

the corresponding standards and

procedures by which the EPA will

approve, oversee, and withdraw

approval of a State Operating Permits

Program (see 57 Federal Register 32250,

July 21, 1992). These rules are codified

at 40 Code of Federal Regulations (CFR)

part 70. Title V requires States to

develop, and submit to the EPA,

programs for issuing these operating

permits to all major stationary sources

and to certain other sources.

The Act requires that States develop

and submit these Operating Permits

Programs to the EPA by November 15,

1993, and that the EPA act to approve

or disapprove each Operating Permits

Program within one year after receiving

the submittal. The EPA’s Operating

Permits Program review occurs pursuant

to section 502 of the Act and the part

70 regulations, which together outline

criteria for approval and disapproval.

The EPA proposed interim approval in

the Interim Approval Notice on August

25, 1994, for the Operating Permits

Program submitted by the LDEQ on

November 15, 1993. However, 40 CFR

70.4(e)(2) allows the Administrator to

extend the review period of a State’s

submittal if the State’s submission is

materially altered during the one-year

review period. This additional review

period may not extend beyond one year

following receipt of the revised

submission. On November 16, 1994, the

EPA received material changes to

Louisiana’s Operating Permits Program

from the Governor of Louisiana on

behalf of the LDEQ. These changes

included regulations adopted to add

insignificant activities criteria, and to

address issues raised in the Interim

Approval Notice. The EPA will act

expeditiously to promulgate a final

notice on the State’s revised Operating

Permits Program within one year of the

November 16, 1994, revised submittal.

The publication of this proposal allows

the public the opportunity to review

and comment on the changes contained

in the revised submittal.

At this time, the EPA proposes to

rescind the interim approval proposed