[Federal Register Volume 60, Number 71 (Thursday, April 13, 1995)]
[Proposed Rules]
[Pages 18787-18790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9060]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[FRL-5179-5]


Notice of Proposed Rule; Outer Continental Shelf Consistency 
Update for Florida

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 applicable requirements for certain areas for Air Pollution 
from OCS Activities. The portion of the OCS air regulation that is 
being updated pertains to the requirements for OCS sources for which 
the State of Florida will be the designated COA. This action proposes 
to incorporate the requirements contained in ``State of Florida 
Requirements Applicable to OCS Sources'' (January 11, 1995). Proposed 
changes to the existing requirements are discussed below.

DATES: Comments on the proposed update must be received on or before 
May 15, 1995.

ADDRESSES: Comments must be mailed (in duplicate if possible) to EPA 
Air Docket, Attn: Docket No. A-93-31, U.S. Environmental Protection 
Agency, Region IV, Air, Pesticides, and Toxics Management Division, 345 
Courtland Street, NE., Atlanta, GA 30365. (Attn: R. Scott Davis).
    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-93-31. This docket is available 
for public inspection and copying Monday through Friday during regular 
business hours at the following locations:

EPA Air Docket, Attn: Docket No. A-93-31, Environmental Protection 
Agency, 401 M Street, SW., Washington DC 20460, room M-1500.
EPA Air Docket, Attn: Docket No. A-93-31, Environmental Protection 
Agency, Region IV Library, 345 Courtland Street, NE., Atlanta, GA 
30365.

FOR FURTHER INFORMATION CONTACT: R. Scott Davis, Air, Pesticides, and 
Toxics Management Division, U.S. EPA Region IV, 345 Courtland Street, 
NE., Atlanta, GA 30365. Telephone (404) 347-3555 ext. 4144.

SUPPLEMENTARY INFORMATION: 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 comply with federal and state ambient air 
quality standards and 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, 
approximately west of the Florida/Alabama state border. 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 of the OCS rule; and (3) when a state or local 
agency submits a rule to EPA to be considered for incorporation by 
reference in part 55. This Notice of Proposed Rulemaking is being 
proposed in response to the receipt of a NOI, submitted by Chevron 
U.S.A., Inc., Conoco Inc., and Murphy Exploration & Production Company 
on February 10, 1995, and represents the second update of part 55 for 
the State of Florida. The NOI includes general company information, a 
description of the proposed facility, estimated potential air 
emissions, emissions points, fuels, air pollution controls, and any 
proposed operating limitations. Public comments received in writing 
within 30 days of publication of this notice will be considered by EPA 
before promulgation of the final updated 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 

[[Page 18788]]
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

    In updating 40 CFR part 55, EPA reviewed the state rules for 
inclusion in part 55 to ensure that they comply with 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.<SUP>2

    \2\Upon delegation the onshore area will use its administrative 
and procedural rules as onshore. In those instances where EPA does 
not delegate 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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    In today's notice EPA proposes to incorporate the rules applicable 
to sources for which the State of Florida will be the COA. These rules 
include revisions to existing rules that already apply to OCS sources 
and are a result of the recodification and renumbering of Florida air 
regulations (Adopted 11/30/94) and the adoption of amendments to other 
existing air regulations:
    Florida Administrative Code--Department of Environmental 
Protection. The following sections of Chapter 62:

4.001  Scope of Part I (Adopted 8/31/88)
4.020  Definitions (Adopted 7/11/93)
4.021  Transferability of Definitions (Adopted 8/31/88)
4.030  General Prohibitions (Adopted 8/31/88)
4.040  Exemptions (Adopted 8/31/88)
4.050  Procedure to Obtain Permit; Application, except (4)(b) 
through (4)(l) and 4(r) (Adopted 11/23/94)
4.070  Standards for Issuing or Denying Permits; Issuance; Denial 
(Adopted 3/28/91)
4.080  Modification of Permit Conditions (Adopted 3/19/90)
4.090  Renewals (Adopted 7/11/93)
4.100  Suspension and Revocation (Adopted 8/31/88)
4.110  Financial Responsibility (Adopted 8/31/88)
4.120  Transfer of Permits (Adopted 3/19/90)
4.130  Plant Operation--Problems (Adopted 8/31/88)
4.160  Permit Conditions, except (16) and (17) (Adopted 7/11/93)
4.200  Scope of Part II (Adopted 8/31/88)
4.210  Construction Permits (Adopted 8/31/88)
4.220  Operation Permits for New Sources (Adopted 8/31/88)
4.510  Scope of Part III (Adopted 8/31/88)
4.520  Definitions (Adopted 7/11/90)
4.530  Procedures (Adopted 3/19/90)
4.540  General Conditions for all General Permits (Adopted 8/31/88)
210.100  Purpose and Scope (Adopted 11/23/94)
210.200  Definitions (Adopted 11/23/94)
210.300  Permits Required (Adopted 11/23/94)
210.360  Administrative Permit Corrections (Adopted 11/23/94)
210.370  Reports (Adopted 11/23/94)
210.400  Emission Estimates (Adopted 11/23/94)
210.500  Air Quality Models (Adopted 11/23/94)
210.550  Stack Height Policy (Adopted 11/23/94)
210.600  Enhanced Monitoring (Adopted 11/23/94)
210.650  Circumvention (Adopted 9/25/92)
210.700  Excess Emissions (Adopted 11/23/94)
210.900  Forms (Adopted 11/23/94)
210.980  Severability (Adopted 9/25/92)
212.100  Purpose and Scope (Adopted 2/2/93)
212.200  Definitions (Adopted 2/2/93)
212.300  Sources Not Subject to Prevention of Significant 
Deterioration or Nonattainment Requirements (Adopted 9/25/92)
212.400  Prevention of Significant Deterioration (Adopted 2/2/93)
212.410  Best Available Control Technology (BACT) (Adopted 9/25/92)
212.500  New Source Review for Nonattainment Areas (Adopted 2/2/93)
212.510  Lowest Achievable Emission Rate (LAER) (Adopted 9/25/92)
212.600  Source Specific New Source Review Requirements (Adopted 9/
25/92)
212.700  Source Reclassification (Adopted 9/25/92)
256.100  Declaration and Intent (Adopted 11/30/94)
256.200  Definitions (Adopted 11/30/94)
256.300  Prohibitions (Adopted 11/30/94)
256.450  Open Burning Allowed (Adopted 6/27/91)
256.600  Industrial, Commercial, Municipal and Research Open Burning 
(Adopted 8/26/87)
256.700  Open Burning Allowed (Adopted 11/30/94)
272.100  Purpose and Scope (Adopted 11/23/94)
272.200  Definitions (Adopted 11/23/94)
272.300  Ambient Air Quality Standards (Adopted 11/23/94)
272.500  Maximum Allowable Increases (Prevention of Significant 
Deterioration) (Adopted 11/23/94)
272.750  DER Ambient Test Methods (Adopted 9/25/92)
273.200  Definitions (Adopted 9/25/92)
273.300  Air Pollution Episodes (Adopted 9/25/92)
273.400  Air Alert (Adopted 9/25/92)
273.500  Air Warning (Adopted 9/25/92)
273.600  Air Emergency (Adopted 9/25/92)
296.100  Purpose and Scope (Adopted 11/23/94)
296.200  Definitions (Adopted 11/23/94)
296.310  General Particulate Emission Limiting Standards (Adopted 
11/23/94)
296.320  General Pollutant Emission Limiting Standards, except (2) 
(Adopted 2/2/93)
296.330  Best Available Control Technology (BACT) (Adopted 11/23/94)
296.400  Specific Emission Limiting and Performance Standards 
(Adopted 11/23/94)
296.500  Reasonably Available Control Technology (RACT)--Volatile 
Organic Compounds (VOC) and Nitrogen Oxides (NO<INF>X) Emitting 
Facilities (Adopted 11/23/94)
296.570  Reasonably Available Control Technology (RACT)--
Requirements for Major VOC- and NO<INF>X-Emitting Facilities 
(Adopted 11/23/94)
296.600  Reasonably Available Control Technology (RACT)--Lead 
(Adopted 8/8/94)
296.601 Lead Processing Operations in General (Adopted 8/8/94)
296.700  Reasonably Available Control Technology (RACT)--Particulate 
Matter, except (2)(f) (Adopted 11/23/94)
296.800  Standards of Performance for New Stationary Sources (NSPS) 
(Adopted 11/23/94)
296.810  National Emission Standards for Hazardous Air Pollutants 
(NESHAP)--Part 61 (Adopted 11/23/94)
296.820  National Emission Standards for Hazardous Air Pollutants 
(NESHAP)--Part 63 (Adopted 11/23/94)
297.100  Purpose and Scope (Adopted 11/23/94)
297.200  Definitions (Adopted 11/23/94)
297.310  General Test Requirements (Adopted 11/23/94)
297.330  Applicable Test Procedures (Adopted 11/23/94)
297.340  Frequency of Compliance Tests (Adopted 11/23/94)
297.345  Stack Sampling Facilities Provided by the Owner of an Air 
Pollution Point Source (Adopted 11/23/94)
297.350  Determination of Process Variables (Adopted 11/23/94)
297.400  EPA Methods Adopted by Reference (Adopted 11/23/94)
297.401  EPA Test Procedures (Adopted 11/23/94)
297.411  DER Method 1 (Adopted 11/23/94) 

[[Page 18789]]

297.412  DER Method 2 (Adopted 12/2/92)
297.413  DER Method 3 (Adopted 12/2/92)
297.414  DER Method 4 (Adopted 12/2/92)
297.415  DER Method 5 (Adopted 11/23/94)
297.416  DER Method 5A (Adopted 12/2/92)
297.417  DER Method 6 (Adopted 11/23/94)
297.418  DER Method 7 (Adopted 12/2/92)
297.419  DER Method 8 (Adopted 12/2/92)
297.420  DER Method 9 (Adopted 11/23/94)
297.421  DER Method 10 (Adopted 12/2/92)
297.422  DER Method 11 (Adopted 12/2/92)
297.423  DER Method 12--Determination of Inorganic Lead Emissions 
from Stationary Sources (Adopted 11/23/94)
297.424  DER Method 13 (Adopted 12/2/92)
297.440  Supplementary Test Procedures (Adopted 11/23/94)
297.450  EPA VOC Capture Efficiency Test Procedures (Adopted 11/23/
94)
297.520  EPA Performance Specifications (Adopted 11/23/94)
297.570  Test Report (Adopted 11/23/94)
297.620  Exceptions and Approval of Alternate Procedures and 
Requirements (Adopted 11/23/94)

    The following rule is proposed to be deleted from the State of 
Florida requirements applicable to OCS sources. It will be superseded 
by the provisions of another rule.

297.500  Continuous Emission Monitoring Requirements (Repealed 11/
23/94)
Administrative Requirements

A. Executive Order 12291 (Regulatory Impact Analysis)

    The Office of Management and Budget has exempted this rule from the 
requirements of Section 3 of Executive Order 12291. This exemption 
continues in effect under Executive Order 12866, which superseded 
Executive Order 12291 on September 30, 1993.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 requires each federal agency 
to perform a Regulatory Flexibility Analysis for all rules that are 
likely to have a ``significant impact on a substantial number of small 
entities.'' Small entities include small businesses, organizations, and 
governmental jurisdictions.
    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 notice of proposed rulemaking will not 
have a significant impact on a substantial number of small entities.

C. Paperwork Reduction Act

    The Office of Management and Budget (OMB) has approved the 
information collection requirements contained in the final OCS 
rulemaking dated September 4, 1992, under the provisions of the 
Paperwork Reduction Act, 44 U.S.C. 35012 et seq., and has assigned OMB 
control number 2060-0249. This consistency update does not add any 
further requirements.

List of Subjects in 40 CFR Part 55

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Hydrocarbons, Intergovernmental relations, 
Nitrogen dioxide, Nitrogen oxides, Outer continental shelf, Ozone, 
Particulate matter, Permits, Reporting and recordkeeping requirements, 
Sulfur oxides.

    Dated: March 16, 1995.
Patrick M. Tobin,
Acting 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)(6)(i)(A) to read as follows:


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

* * * * *
    (e) * * *
    (6) * * *
    (i) * * *
    (A) State of Florida Requirements Applicable to OCS Sources, 
January 11, 1995.
* * * * *
    3. Appendix A to part 55 is proposed to be amended by revising 
paragraph (a) (1) under the heading Florida 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

* * * * *
Florida
    (a) * * *
    (1) The following requirements are contained in State of Florida 
Requirements Applicable to OCS Sources, January 11, 1995:
    Florida Administrative Code--Department of Environmental 
Protection. The following sections of Chapter 62:

4.001  Scope of Part I (Adopted 8/31/88)
4.020  Definitions (Adopted 7/11/93)
4.021  Transferability of Definitions (Adopted 8/31/88)
4.030  General Prohibitions (Adopted 8/31/88)
4.040  Exemptions (Adopted 8/31/88)
4.050  Procedure to Obtain Permit; Application, except (4)(b) 
through (4)(l) and 4(r) (Adopted 11/23/94)
4.070  Standards for Issuing or Denying Permits; Issuance; Denial 
(Adopted 3/28/91)
4.080  Modification of Permit Conditions (Adopted 3/19/90)
4.090  Renewals (Adopted 7/11/93)
4.100  Suspension and Revocation (Adopted 8/31/88)
4.110  Financial Responsibility (Adopted 8/31/88)
4.120  Transfer of Permits (Adopted 3/19/90)
4.130  Plant Operation--Problems (Adopted 8/31/88)
4.160  Permit Conditions, except (16) and (17) (Adopted 7/11/93)
4.200  Scope of Part II (Adopted 8/31/88)
4.210  Construction Permits (Adopted 8/31/88)
4.220  Operation Permits for New Sources (Adopted 8/31/88)
4.510  Scope of Part III (Adopted 8/31/88)
4.520  Definitions (Adopted 7/11/90)
4.530  Procedures (Adopted 3/19/90)
4.540  General Conditions for all General Permits (Adopted 8/31/88)
210.100  Purpose and Scope (Adopted 11/23/94)
210.200  Definitions (Adopted 11/23/94)
210.300  Permits Required (Adopted 11/23/94)
210.360  Administrative Permit Corrections (Adopted 11/23/94)
210.370  Reports (Adopted 11/23/94)
210.400  Emission Estimates (Adopted 11/23/94)
210.500  Air Quality Models (Adopted 11/23/94)
210.550  Stack Height Policy (Adopted 11/23/94)
210.600  Enhanced Monitoring (Adopted 11/23/94)
210.650  Circumvention (Adopted 9/25/92)
210.700  Excess Emissions (Adopted 11/23/94)
210.900  Forms (Adopted 11/23/94)
210.980  Severability (Adopted 9/25/92)
212.100  Purpose and Scope (Adopted 2/2/93)
212.200  Definitions (Adopted 2/2/93)
212.300  Sources Not Subject to Prevention of Significant 
Deterioration or Nonattainment Requirements (Adopted 9/25/92)
212.400  Prevention of Significant Deterioration (Adopted 2/2/93)
212.410  Best Available Control Technology (BACT) (Adopted 9/25/92)
212.500 New Source Review for Nonattainment Areas (Adopted 2/2/93) 

[[Page 18790]]

212.510  Lowest Achievable Emission Rate (LAER) (Adopted 9/25/92)
212.600  Source Specific New Source Review Requirements (Adopted 9/
25/92)
212.700  Source Reclassification (Adopted 9/25/92)
256.100  Declaration and Intent (Adopted 11/30/94)
256.200  Definitions (Adopted 11/30/94)
256.300  Prohibitions (Adopted 11/30/94)
256.450  Open Burning Allowed (Adopted 6/27/91)
256.600  Industrial, Commercial, Municipal and Research Open Burning 
(Adopted 8/26/87)
256.700  Open Burning Allowed (Adopted 11/30/94)
272.100  Purpose and Scope (Adopted 11/23/94)
272.200  Definitions (Adopted 11/23/94)
272.300  Ambient Air Quality Standards (Adopted 11/23/94)
272.500  Maximum Allowable Increases (Prevention of Significant 
Deterioration) (Adopted 11/23/94)
272.750  DER Ambient Test Methods (Adopted 9/25/92)
273.200  Definitions (Adopted 9/25/92)
273.300  Air Pollution Episodes (Adopted 9/25/92)
273.400  Air Alert (Adopted 9/25/92)
273.500  Air Warning (Adopted 9/25/92)
273.600  Air Emergency (Adopted 9/25/92)
296.100  Purpose and Scope (Adopted 11/23/94)
296.200  Definitions (Adopted 11/23/94)
296.310  General Particulate Emission Limiting Standards (Adopted 
11/23/94)
296.320  General Pollutant Emission Limiting Standards, except (2) 
(Adopted 2/2/93)
296.330  Best Available Control Technology (BACT) (Adopted 11/23/94)
296.400  Specific Emission Limiting and Performance Standards 
(Adopted 11/23/94)
296.500  Reasonably Available Control Technology (RACT)--Volatile 
Organic Compounds (VOC) and Nitrogen Oxides (NO<INF>X) Emitting 
Facilities (Adopted 11/23/94)
296.570  Reasonably Available Control Technology (RACT)--
Requirements for Major VOC- and NO<INF>X-Emitting Facilities 
(Adopted 11/23/94)
296.600  Reasonably Available Control Technology (RACT)--Lead 
(Adopted 8/8/94)
296.601  Lead Processing Operations in General (Adopted 8/8/94)
296.700  Reasonably Available Control Technology (RACT)--Particulate 
Matter, except (2)(f) (Adopted 11/23/94)
296.800  Standards of Performance for New Stationary Sources (NSPS) 
(Adopted 11/23/94)
296.810  National Emission Standards for Hazardous Air Pollutants 
(NESHAP)--Part 61 (Adopted 11/23/94)
296.820  National Emission Standards for Hazardous Air Pollutants 
(NESHAP)--Part 63 (Adopted 11/23/94)
297.100  Purpose and Scope (Adopted 11/23/94)
297.200  Definitions (Adopted 11/23/94)
297.310  General Test Requirements (Adopted 11/23/94)
297.330  Applicable Test Procedures (Adopted 11/23/94)
297.340  Frequency of Compliance Tests (Adopted 11/23/94)
297.345  Stack Sampling Facilities Provided by the Owner of an Air 
Pollution Point Source (Adopted 11/23/94)
297.350  Determination of Process Variables (Adopted 11/23/94)
297.400  EPA Methods Adopted by Reference (Adopted 11/23/94)
297.401  EPA Test Procedures (Adopted 11/23/94)
297.411  DER Method 1 (Adopted 11/23/94)
297.412  DER Method 2 (Adopted 12/2/92)
297.413  DER Method 3 (Adopted 12/2/92)
297.414  DER Method 4 (Adopted 12/2/92)
297.415  DER Method 5 (Adopted 11/23/94)
297.416  DER Method 5A (Adopted 12/2/92)
297.417  DER Method 6 (Adopted 11/23/94)
297.418  DER Method 7 (Adopted 12/2/92)
297.419  DER Method 8 (Adopted 12/2/92)
297.420  DER Method 9 (Adopted 11/23/94)
297.421  DER Method 10 (Adopted 12/2/92)
297.422  DER Method 11 (Adopted 12/2/92)
297.423  DER Method 12--Determination of Inorganic Lead Emissions 
from Stationary Sources (Adopted 11/23/94)
297.424  DER Method 13 (Adopted 12/2/92)
297.440  Supplementary Test Procedures (Adopted 11/23/94)
297.450  EPA VOC Capture Efficiency Test Procedures (Adopted 11/23/
94)
297.520  EPA Performance Specifications (Adopted 11/23/94)
297.570  Test Report (Adopted 11/23/94)
297.620  Exceptions and Approval of Alternate Procedures and 
Requirements (Adopted 11/23/94)
* * * * *
[FR Doc. 95-9060 Filed 4-12-95; 8:45 am]
BILLING CODE 6560-50-P