[Federal Register Volume 62, Number 83 (Wednesday, April 30, 1997)]
[Proposed Rules]
[Pages 23422-23426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11161]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[FRL-5819-6]
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
[[Page 23423]]
(``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'' (February 7, 1997). Proposed
changes to the existing requirements are in SUPPLEMENTARY INFORMATION.
DATES: Comments on the proposed update must be received on or before
May 30, 1997.
ADDRESSES: Comments must be mailed (in duplicate if possible) to EPA
Air Docket, Attn: Docket No. A-93-31, Part III, U.S. Environmental
Protection Agency, Region 4, Air, Pesticides, and Toxics Management
Division, 61 Forsyth Street, SW, Atlanta, GA 30303. (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, Part III. 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, Part III, Environmental
Protection Agency, 401 M Street, S.W., Washington D.C. 20460, Room M-
1500.
EPA Air Docket, Attn: Docket No. A-93-31, Part III, Environmental
Protection Agency, Region 4 Library, 61 Forsyth Street, SW, Atlanta, GA
30303.
FOR FURTHER INFORMATION CONTACT: R. Scott Davis, Air, Pesticides, and
Toxics Management Division, U.S. EPA Region 4, 61 Forsyth Street, SW,
Atlanta, GA 30303. Telephone (404) 562-9127.
SUPPLEMENTARY INFORMATION: On September 4, 1992, EPA promulgated 40 CFR
part 55,1 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.
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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 40 CFR 55.12 of the OCS rule, consistency reviews will
occur (1) at least annually; (2) upon receipt of a Notice of Intent
(NOI) under 40 CFR 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 Mobil
Exploration & Producing U.S., Inc., on January 22, 1997, and represents
the third 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
document 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 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 section 55.12 (e)). In
addition, EPA has excluded administrative or procedural rules.
2
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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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In today's document 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, the recodification and renumbering of existing Florida air
regulations, and the adoption of amendments to other existing air
regulations:
Florida Administrative Code-Department of Environmental Protection.
The following sections of Chapter 62:
204.100 Purpose and Scope (Adopted 3/13/96)
204.200 Definitions (Adopted 3/13/96)
204.220 Ambient Air Quality Protection (Adopted 3/13/96)
204.240 Ambient Air Quality Standards (Adopted 3/13/96)
204.260 Prevention of Significant Deterioration Increments (Adopted 3/
13/96)
204.800 Federal Regulations Adopted by Reference (Adopted 10/17/96)
210.100 Purpose and Scope (Adopted 11/23/94)
210.200 Definitions (Adopted 10/15/96)
210.220 Small Business Assistance Program (Adopted 10/15/96)
210.300 Permits Required (Adopted 10/7/96)
210.360 Administrative Permit Corrections (Adopted 11/23/94)
210.370 Reports (Adopted 3/21/96)
210.550 Stack Height Policy (Adopted 11/23/94)
210.600 Enhanced Monitoring (Adopted 11/23/94)
210.650 Circumvention (Adopted 9/25/92)
[[Page 23424]]
210.700 Excess Emissions (Adopted 11/23/94)
210.900 Forms and Instructions (Adopted 3/21/96)
210.920 Notification Form for Air General Permits (Adopted 8/15/96)
212.100 Purpose and Scope (Adopted 3/13/96)
212.300 General Preconstruction Review Requirements (Adopted 1/1/96)
212.400 Prevention of Significant Deterioration (PSD) (Adopted 3/13/
96)
212.500 Preconstruction Review for Nonattainment Areas (Adopted 3/13/
96)
212.600 Category-Specific Preconstruction: Sulfur Storage and Handling
Facilities (Adopted 3/13/96)
213.100 Purpose and Scope (Adopted 3/13/96)
213.205 Annual Operation Licensing Fee (Adopted 6/25/96)
213.300 Title V Air General Permits (Adopted 10/7/96)
213.400 Permits and Permit Revisions Required (Adopted 3/13/96)
213.410 Changes Without Permit Revision (Adopted 11/23/94)
213.412 Immediate Implementation Pending Revision Process (Adopted 3/
13/96)
213.415 Trading of Emissions Within a Source (Adopted 3/13/96)
213.420 Permit Applications (Adopted 10/7/96)
213.430 Permit Issuance, Renewal, and Revision (Adopted 3/20/96)
213.440 Permit Content (Adopted 3/20/96)
213.460 Permit Shield (Adopted 11/23/94)
213.900 Forms and Instructions (Adopted 6/25/96)
256.100 Declaration and Intent (Adopted 11/30/94)
256.200 Definitions (Adopted 11/30/94)
256.300 Prohibitions (Adopted 11/30/94)
256.600 Industrial, Commercial, Municipal and Research Open Burning
(Adopted 8/26/87)
256.700 Open Burning Allowed (Adopted 11/30/94)
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 3/13/96)
296.320 General Pollutant Emission Limiting Standards, except (2)
(Adopted 3/13/96)
296.500 Reasonably Available Control Technology (RACT)--Volatile
Organic Compounds (VOC) and Nitrogen Oxides (NOx) Emitting
Facilities (Adopted 1/1/96)
296.570 Reasonably Available Control Technology (RACT)--Requirements
for Major VOC- and NOX-Emitting Facilities (Adopted 1/1/96)
296.600 Reasonably Available Control Technology (RACT)--Lead (Adopted
3/13/96)
296.601 Lead Processing Operations in General (Adopted 1/1/96)
296.700 Reasonably Available Control Technology (RACT)--Particulate
Matter, except (2)(f) (Adopted 1/1/96)
297.100 Purpose and Scope (Adopted 3/13/96)
297.310 General Test Requirements (Adopted 3/13/96)
297.401 EPA Test Procedures (Adopted 10/7/96)
297.440 Supplementary Test Procedures (Adopted 1/1/96)
297.450 EPA VOC Capture Efficiency Test Procedures (Adopted 1/1/96)
297.520 EPA Continuous Monitor Performance Specifications (Adopted 3/
13/96)
297.620 Exceptions and Approval of Alternate Procedures and
Requirements (Adopted 11/23/94)
The following rules are proposed to be deleted from the State of
Florida requirements applicable to OCS sources. These rules have either
been incorporated into the recodified and renumbered Florida air
regulations or repealed:
4.001 Scope of Part I
4.020 Definitions
4.021 Transferability of Definitions
4.030 General Prohibitions
4.040 Exemptions
4.050 Procedure to Obtain Permit; Application
4.070 Standards for Issuing or Denying Permits; Issuance; Denial
4.080 Modification of Permit Conditions
4.090 Renewals
4.100 Suspension and Revocation
4.110 Financial Responsibility
4.120 Transfer of Permits
4.130 Plant Operation--Problems
4.160 Permit Conditions
4.200 Scope of Part II
4.210 Construction Permits
4.220 Operation Permits for New Sources
4.510 Scope of Part III
4.520 Definitions
4.530 Procedures
4.540 General Conditions for all General Permits
210.400 Emission Estimates
210.500 Air Quality Models
210.980 Severability
212.200 Definitions
212.410 Best Available Control Technology (BACT)
212.510 Lowest Achievable Emission Rate (LAER)
212.700 Emissions Unit
256.450 Burning for Cold or Frost Protection
272.100 Purpose and Scope
272.200 Definitions
272.300 Ambient Air Quality Standards
272.500 Maximum Allowable Increases (Prevention of Significant
Deterioration)
272.750 Department of Environmental Protection Ambient Test Methods
296.200 Definitions
296.310 General Particulate Emission Limiting Standards
296.330 Best Available Control Technology (BACT)
296.400 Specific Emission Limiting and Performance Standards
296.800 Standards of Performance for New Stationary Sources (NSPS)
296.810 National Emission Standards for Hazardous Air Pollutants
(NESHAP)--Part 61
296.820 National Emission Standards for Hazardous Air Pollutants
(NESHAP)--Part 63
297.200 Definitions
297.330 Applicable Test Procedures
297.340 Frequency of Compliance Tests
297.345 Stack Sampling Facilities Provided by the Owner of an Air
Pollution Point Source
297.350 Determination of Process Variables
297.400 EPA Methods Adopted by Reference
297.411 DEP Method 1
297.412 DEP Method 2
297.413 DEP Method 3
297.414 DEP Method 4
297.415 DEP Method 5
297.416 DEP Method 5A
297.417 DEP Method 6
297.418 DEP Method 7
297.419 DEP Method 8
297.420 DEP Method 9
297.421 DEP Method 10
297.422 DEP Method 11
297.423 DEP Method 12--Determination of Inorganic Lead Emissions from
Stationary Sources
297.424 DEP Method 13
297.570 Test Report
Administrative Requirements
A. Executive Order 12291 (Regulatory Impact Analysis)
The Office of Management and Budget has exempted this rule from the
[[Page 23425]]
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
Administrative practice and procedures, Air pollution control,
Environmental protection, Hydrocarbons, Intergovernmental relations,
Nitrogen dioxide, Nitrogen oxides, Outer Continental Shelf, Ozone,
Particulate matter, Permits, Reporting and recordkeeping requirements,
Sulfur oxides.
Dated: April 14, 1997.
A. Stanley Meiburg,
Acting Regional Administrator.
Part 55, Chapter I, title 40 of the Code of Federal Regulations, 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 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, August
20, 1993.
* * * * *
3. Appendix A to Part 55 is 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, February 7, 1997:
Florida Administrative Code-Department of Environmental Protection.
The following sections of Chapter 62:
204.100 Purpose and Scope (Adopted 3/13/96)
204.200 Definitions (Adopted 3/13/96)
204.220 Ambient Air Quality Protection (Adopted 3/13/96)
204.240 Ambient Air Quality Standards (Adopted 3/13/96)
204.260 Prevention of Significant Deterioration Increments (Adopted 3/
13/96)
204.800 Federal Regulations Adopted by Reference (Adopted 10/17/96)
210.100 Purpose and Scope (Adopted 11/23/94)
210.200 Definitions (Adopted 10/15/96)
210.220 Small Business Assistance Program (Adopted 10/15/96)
210.300 Permits Required (Adopted 10/7/96)
210.360 Administrative Permit Corrections (Adopted 11/23/94)
210.370 Reports (Adopted 3/21/96)
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 and Instructions (Adopted 3/21/96)
210.920 Notification Form for Air General Permits (Adopted 8/15/96)
212.100 Purpose and Scope (Adopted 3/13/96)
212.300 General Preconstruction Review Requirements (Adopted 1/1/96)
212.400 Prevention of Significant Deterioration (PSD) (Adopted 3/13/
96)
212.500 Preconstruction Review for Nonattainment Areas (Adopted 3/13/
96)
212.600 Category-Specific Preconstruction: Sulfur Storage and Handling
Facilities (Adopted 3/13/96)
213.100 Purpose and Scope (Adopted 3/13/96)
213.200 Annual Operation Licensing Fee (Adopted 6/25/96)
213.300 Title V Air General Permits (Adopted 10/7/96)
213.400 Permits and Permit Revisions Required (Adopted 3/13/96)
213.410 Changes Without Permit Revision (Adopted 11/23/94)
213.412 Immediate Implementation Pending Revision Process (Adopted 3/
13/96)
213.415 Trading of Emissions Within a Source (Adopted 3/13/96)
213.420 Permit Applications (Adopted 10/7/96)
213.430 Permit Issuance, Renewal, and Revision (Adopted 3/20/96)
213.440 Permit Content (Adopted 3/20/96)
213.460 Permit Shield (Adopted 11/23/94)
213.900 Forms and Instructions (Adopted 6/25/96)
256.100 Declaration and Intent (Adopted 11/30/94)
256.200 Definitions (Adopted 11/30/94)
256.300 Prohibitions (Adopted 11/30/94)
256.600 Industrial, Commercial, Municipal and Research Open Burning
(Adopted 8/26/87)
256.700 Open Burning Allowed (Adopted 11/30/94)
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 3/13/96)
296.320 General Pollutant Emission Limiting Standards, except (2)
(Adopted 3/13/96)
296.500 Reasonably Available Control Technology (RACT)--Volatile
Organic Compounds (VOC) and Nitrogen Oxides (NOX) Emitting
Facilities (Adopted 1/1/96)
[[Page 23426]]
296.570 Reasonably Available Control Technology (RACT)--Requirements
for Major VOC- and NOX-Emitting Facilities (Adopted 1/1/96)
296.600 Reasonably Available Control Technology (RACT)--Lead (Adopted
3/13/96)
296.601 Lead Processing Operations in General (Adopted 1/1/96)
296.700 Reasonably Available Control Technology (RACT)--Particulate
Matter, except (2)(f) (Adopted 1/1/96)
297.100 Purpose and Scope (Adopted 3/13/96)
297.310 General Test Requirements (Adopted 3/13/96)
297.401 EPA Test Procedures (Adopted 10/7/96)
297.440 Supplementary Test Procedures (Adopted 1/1/96)
297.450 EPA VOC Capture Efficiency Test Procedures (Adopted 1/1/96)
297.520 EPA Continuous Monitor Performance Specifications (Adopted 3/
13/96)
297.620 Exceptions and Approval of Alternate Procedures and
Requirements (Adopted 11/23/94)
[FR Doc. 97-11161 Filed 4-29-97; 8:45 am]
BILLING CODE 6560-50-P
