[Federal Register Volume 60, Number 67 (Friday, April 7, 1995)]
[Proposed Rules]
[Pages 17748-17750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8604]



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ENVIRONMENTAL PROTECTION AGENCY
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.

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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 (``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,<SUP>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.

    \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 
(NOI) under Sec. 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) [[Page 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:


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.
* * * * *
    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) 
[[Page 17750]] 
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 
NO<INF>x (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]
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