[Federal Register Volume 59, Number 26 (Tuesday, February 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2487]
[[Page Unknown]]
[Federal Register: February 8, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[FRL-4835-4]
Outer Continental Shelf Air Regulations
AGENCY: Environmental Protection Agency (``EPA'').
ACTION: Notice of proposed rulemaking (``NPR'')--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 that is being updated
pertains to the requirements for OCS sources for which the South Coast
Air Quality Management District (South Coast AQMD) is the designated
COA. This is the first update of the South Coast AQMD OCS requirements
since promulgation of the OCS Air Regulations on September 4, 1992. The
OCS requirements for the South Coast AQMD 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. Proposed changes to the existing requirements are
discussed below.
DATES: Comments on the proposed update must be received on or before
March 10, 1994.
ADDRESSES: Comments must be mailed (in duplicate if possible) to: EPA
Air Docket (A-5), Attn: Docket No. A-93-16 section IV, 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 IV. 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 IV,
Environmental Protection Agency, Air and Toxics Division, Region 9, 75
Hawthorne St., San Francisco, CA 94105.
EPA Air Docket (LE-131), Attn: Air Docket No. A-93-16 section IV,
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 551, 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
(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 rules by
the South Coast AQMD. 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 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 in part 55, even though the same rules may ultimately be
disapproved for inclusion as part of the state's 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 and local 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 rules2 and requirements for toxics
and the South Coast AQMD's RECLAIM (Regional Clean Air Incentives
Market) requirements. RECLAIM requirements will be incorporated as
appropriate through a separate consistency update.
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\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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After review of the rules submitted by the South Coast AQMD against
the criteria set forth above and in 40 CFR part 55, EPA is proposing to
rescind the following rule which has been applicable to OCS sources:
Rule 107 Determination of Volatile Organic Compounds in Organic
Material (Rescinded 3/6/92)
The following rules submitted as amendments to existing
requirements are proposed for inclusion in part 55, except the sections
of the rules relating to toxics, administrative requirements, and
RECLAIM requirements:
Rule 109 Recordkeeping for Volatile Organic Compound Emissions
(Adopted 3/6/92)
Rule 204 Permit Conditions (Adopted 3/6/92)
Rule 212 Standards for Approving Permits (Adopted 9/6/91) except
(c)(3) section on toxics and (e) administrative requirement
Rule 219 Equipment Not Requiring a Written Permit (Adopted 9/11/92)
Rule 301 Permit Fees (Adopted 6/11/93) except all references to
RECLAIM
Rule 304 Equipment, Materials, and Ambient Air Analyses (Adopted 6/
11/93)
Rule 304.1 Analyses Fees (Adopted 6/6/92)
Rule 305 Fees for Acid Deposition (Adopted 10/4/91)
Rule 403 Fugitive Dust (Adopted 7/9/93)
Rule 431.1 Sulfur Content of Gaseous Fuels (Adopted 10/2/92)
Rule 465 Vacuum Producing Devices or Systems (Adopted 11/1/91)
Reg IX New Source Performance Standards (Adopted 4/9/93)
Rule 1106 Marine Coatings Operations (Adopted 8/2/91)
Rule 1107 Coating of Material Parts and Products (Adopted 8/2/91)
Rule 1113 Architectural Coatings (Adopted 9/6/91)
Rule 1122 Solvent Cleaners (Adopted 4/5/91)
Rule 1146.1 Emission of Oxides of Nitrogen From Small Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters (Adopted 7/10/92)
Rule 1168 Control of Volatile Organic Compound Emissions from
Adhesive Application (Adopted 12/4/92)
Rule 1302 Definitions (Adopted 5/3/91)
Rule 1304 Exemptions (Adopted 9/11/92)
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 in 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. 3501 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, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Nitrogen oxides, Outer
Continental Shelf, Ozone, Particulate matter, Permits, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: January 28, 1994.
John Wise,
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 paragraphs
(e)(3)(ii)(G) 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) * * *
(G) South Coast Air Quality Management District Requirements
Applicable to OCS Sources.
* * * * *
4. Appendix A to CFR part 55 is proposed to be amended by revising
paragraph (7) 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) * * *
(7) The following requirements are contained in South Coast Air
Quality Management District Requirements Applicable to OCS Sources:
Rule 102 Definition of Terms (Adopted 11/4/88)
Rule 103 Definition of Geographical Areas (Adopted 1/9/76)
Rule 104 Reporting of Source Test Data and Analyses (Adopted 1/9/
76)
Rule 108 Alternative Emission Control Plans (Adopted 4/6/90)
Rule 109 Recordkeeping for Volatile Organic Compound Emissions
(Adopted 3/6/92)
Rule 201 Permit to Construct (Adopted 1/5/90)
Rule 201.1 Permit Conditions in Federally Issued Permits to
Construct (Adopted 1/5/90)
Rule 202 Temporary Permit to Operate (Adopted 5/7/76)
Rule 203 Permit to Operate (Adopted 1/5/90)
Rule 204 Permit Conditions (Adopted 3/6/92)
Rule 205 Expiration of Permits to Construct (Adopted 1/5/90)
Rule 206 Posting of Permit to Operate (Adopted 1/5/90)
Rule 207 Altering or Falsifying of Permit (Adopted 1/9/76)
Rule 208 Permit for Open Burning (Adopted 1/5/90)
Rule 209 Transfer and Voiding of Permits (Adopted 1/5/90)
Rule 210 Applications (Adopted 1/5/90)
Rule 212 Standards for Approving Permits (9/6/91) except (c)(3) and
(e)
Rule 214 Denial of Permits (Adopted 1/5/90)
Rule 217 Provisions for Sampling and Testing Facilities (Adopted 1/
5/90)
Rule 218 Stack Monitoring (Adopted 8/7/81)
Rule 219 Equipment Not Requiring a Written Permit Pursuant to
Regulation II (Adopted 9/11/92)
Rule 220 Exemption--Net Increase in Emissions (Adopted 8/7/81)
Rule 221 Plans (Adopted 1/4/85)
Rule 301 Permit Fees (Adopted 6/11/93) except all references to
RECLAIM
Rule 304 Equipment, Materials, and Ambient Air Analyses (Adopted 6/
11/93)
Rule 304.1 Analyses Fees (Adopted 6/6/92)
Rule 305 Fees for Acid Deposition (Adopted 10/4/91)
Rule 306 Plan Fees (Adopted 7/6/90)
Rule 401 Visible Emissions (Adopted 4/7/89)
Rule 403 Fugitive Dust (Adopted 7/9/93)
Rule 404 Particulate Matter--Concentration (Adopted 2/7/86)
Rule 405 Solid Particulate Matter--Weight (Adopted 2/7/86)
Rule 407 Liquid and Gaseous Air Contaminants (Adopted 4/2/82)
Rule 408 Circumvention (Adopted 5/7/76)
Rule 409 Combustion Contaminants (Adopted 8/7/81)
Rule 429 Start-Up and Shutdown Provisions for Oxides of Nitrogen
(Adopted 12/21/90)
Rule 430 Breakdown Provisions, (a) and (e) only. (Adopted 5/5/78)
Rule 431.1 Sulfur Content of Gaseous Fuels (Adopted 10/2/92)
Rule 431.2 Sulfur Content of Liquid Fuels (Adopted 5/4/90)
Rule 431.3 Sulfur Content of Fossil Fuels (Adopted 5/7/76)
Rule 441 Research Operations (Adopted 5/7/76)
Rule 442 Usage of Solvents (Adopted 3/5/82)
Rule 444 Open Fires (Adopted 10/2/87)
Rule 463 Storage of Organic Liquids (Adopted 12/7/90)
Rule 465 Vacuum Producing Devices or Systems (Adopted 11/1/91)
Rule 468 Sulfur Recovery Units (Adopted 10/8/76)
Rule 473 Disposal of Solid and Liquid Wastes (Adopted 5/7/76)
Rule 474 Fuel Burning Equipment-Oxides of Nitrogen (Adopted 12/4/
81)
Rule 475 Electric Power Generating Equipment (Adopted 8/7/78)
Rule 476 Steam Generating Equipment (Adopted 10/8/76)
Rule 480 Natural Gas Fired Control Devices (Adopted 10/7/77)
Addendum to Regulation IV
Rule 701 General (Adopted 7/9/82)
Rule 702 Definitions (Adopted 7/11/80)
Rule 704 Episode Declaration (Adopted 7/9/82)
Rule 707 Radio--Communication System (Adopted 7/11/80)
Rule 708 Plans (Adopted 7/9/82)
Rule 708.1 Stationary Sources Required to File Plans (Adopted 4/4/
80)
Rule 708.2 Content of Stationary Source Curtailment Plans (Adopted
4/4/80)
Rule 708.4 Procedural Requirements for Plans (Adopted 7/11/80)
Rule 709 First Stage Episode Actions (Adopted 7/11/80)
Rule 710 Second Stage Episode Actions (Adopted 7/11/80)
Rule 711 Third Stage Episode Actions (Adopted 7/11/80)
Rule 712 Sulfate Episode Actions (Adopted 7/11/80)
Rule 715 Burning of Fossil Fuel on Episode Days (Adopted 8/24/77)
Regulation IX--New Source Performance Standards (Adopted 4/9/93)
Rule 1106 Marine Coatings Operations (Adopted 8/2/91)
Rule 1107 Coating of Metal Parts and Products (Adopted 8/2/91)
Rule 1109 Emissions of Oxides of Nitrogen for Boilers and Process
Heaters in Petroleum Refineries (Adopted 8/5/88)
Rule 1110 Emissions from Stationary Internal Combustion Engines
(Demonstration) (Adopted 11/6/81)
Rule 1110.1 Emissions from Stationary Internal Combustion Engines
(Adopted 10/5/85)
Rule 1110.2 Emissions from Gaseous and Liquid-Fueled Internal
Combustion Engines (Adopted 9/7/90)
Rule 1113 Architectural Coatings (Adopted 9/6/91)
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 12/1/78)
Rule 1122 Solvent Cleaners (Degreasers) (Adopted 4/5/91)
Rule 1123 Refinery Process Turnarounds (Adopted 12/7/90)
Rule 1129 Aerosol Coatings (Adopted 11/2/90)
Rule 1134 Emissions of Oxides of Nitrogen from Stationary Gas
Turbines (Adopted 8/4/89)
Rule 1142 Marine Tank Vessel Operations (Adopted 7/19/91)
Rule 1146 Emissions of Oxides of Nitrogen from Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters (Adopted 1/6/89)
Rule 1146.1 Emission of Oxides of Nitrogen from Small Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters (Adopted 7/10/92)
Rule 1148 Thermally Enhanced Oil Recovery Wells (Adopted 11/5/82)
Rule 1149 Storage Tank Degassing (Adopted 4/1/88)
Rule 1168 Control of Volatile Organic Compound Emissions from
Adhesive Application (Adopted 12/4/92)
Rule 1173 Fugitive Emissions of Volatile Organic Compounds (Adopted
12/7/90)
Rule 1176 Sumps and Wastewater Separators (Adopted 1/5/90)
Rule 1301 General (Adopted 6/28/90)
Rule 1302 Definitions (Adopted 5/3/91)
Rule 1303 Requirements (Adopted 5/3/91)
Rule 1304 Exemptions (Adopted 9/11/92)
Rule 1306 Emission Calculations (Adopted 5/3/91)
Rule 1313 Permits to Operate (Adopted 6/28/90)
Rule 1403 Asbestos Emissions from Demolition/Renovation Activities
(Adopted 10/6/89)
Rule 1701 General (Adopted 1/6/89)
Rule 1702 Definitions (Adopted 1/6/89)
Rule 1703 PSD Analysis (Adopted 10/7/88)
Rule 1704 Exemptions (Adopted 1/6/89)
Rule 1706 Emission Calculations (Adopted 1/6/89)
Rule 1713 Source Obligation (Adopted 10/7/88)
Regulation XVII Appendix
* * * * *
[FR Doc. 94-2487 Filed 2-7-94; 8:45 am]
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