[Federal Register Volume 59, Number 135 (Friday, July 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17296]
[[Page Unknown]]
[Federal Register: July 15, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[FRL-5013-2]
Outer Continental Shelf Air Regulations; Delegation of Authority;
South Coast Air Quality Management District, State of California
AGENCY: Environmental Protection Agency (EPA).
ACTION: Delegation of authority.
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SUMMARY: The Regional Administrator for EPA Region 9, San Francisco,
has delegated authority to implement and enforce the requirements of
the Outer Continental Shelf (OCS) program within 25 miles of the
state's seaward boundary to the South Coast Air Quality Management
District (SCAQMD or District), California. EPA reviewed the District's
rules and regulations and has found them to be adequate for delegation,
provided that the District meets the requirements of 40 CFR 51.161(b)
and 40 CFR part 124 by amending Rule 212, Standards for Approving
Permits, to incorporate public notice and comment procedures for
permitting of OCS facilities.
EFFECTIVE DATES: The effective date of the delegation of authority for
SCAQMD is May 9, 1994.
ADDRESSES: Copies of the request for delegation of authority and EPA's
letter of delegation are available for public inspection at EPA's
Region 9 office during normal business hours and at the following
location:
South Coast Air Quality Management District, 21865 East Copley
Drive, Diamond Bar, CA 91765-4182.
FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Rulemaking Section
(A-5-3), Air and Toxics Division, 75 Hawthorne Street, San Francisco,
CA 94105. (415) 744-1197.
SUPPLEMENTARY INFORMATION: The U.S. Environmental Protection Agency has
delegated the authority to implement and enforce the requirements of
the OCS rule (40 CFR part 55) to the SCAQMD. The final OCS rule was
promulgated by EPA on September 4, 1992 pursuant to section 328 of the
Clean Air Act (the Act). (57 FR 40792).
Under section 328(a) of the Act, EPA may delegate authority to
implement and enforce the OCS air regulations to a state if that state
is adjacent to an OCS source and the Administrator determines that the
state's regulations are adequate. The State of California is adjacent
to a number of OCS sources and the District's regulations have been
reviewed by EPA. The following criteria for delegation are set forth at
40 CFR 55.11:\1\ (1) the state has adopted the appropriate portions of
40 CFR part 55 into law; (2) the state has adequate authority under
state law to implement and enforce the requirements of part 55; (3) the
state has adequate resources to implement and enforce the requirements
of part 55; and (4) the state has adequate administrative procedures to
implement and enforce the requirements of part 55, including public
notice and comment procedures.
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\1\The term ``state'' as used in the delegation criteria refers
to the local air pollution permitting agency--SCAQMD.
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The following delegation agreement represents the terms and
conditions of the delegation to the SCAQMD:
U.S. EPA--South Coast Air Quality Management District, Agreement for
Delegation of Authority for Outer Continental Shelf Air Regulations (40
CFR Part 55)
The undersigned, on behalf of the South Coast Air Quality
Management District (``SCAQMD'' or ``the District'') and the United
States Environmental Protection Agency (``EPA''), hereby agree to the
delegation of authority from EPA to the SCAQMD to implement and enforce
the requirements of the Outer Continental Shelf (``OCS'') Air
Regulations (40 CFR part 55) within 25 miles of the state's seaward
boundary, pursuant to section 328(a)(3) of the Clean Air Act (``the
Act''), subject to the terms and conditions below. EPA has reviewed
SCAQMD's request for delegation and has found that SCAQMD's regulations
meet the requirements for delegation set forth at 40 CFR 55.11,
provided that the District meets the requirements of 40 CFR 51.161(b)
and 40 CFR part 124 by amending Rule 212, Standards for Approving
Permits, to incorporate public notice and comment procedures for
permitting of OCS facilities. Until the District Board approves an
amended Rule 212 that meets the requirements of 40 CFR 51.161(b) and 40
CFR part 124, the District shall interpret the current Rule 212 to
incorporate the requirements of 40 CFR 51.161(b) and 40 CFR part 124.
In addition, the District shall provide a copy of its Rule 212
interpretation to all OCS sources regulated by the District, and a copy
to the Administrator through the EPA Regional Office (Attn: A-5-1). The
public notice distribution, for purposes of all major modifications to
off-shore sources, shall be to the broadest possible scope of
interested parties and shall include as a minimum:
Availability for public inspection in at least one
location in the area affected of the information submitted by the owner
or operator and of the State or local agency's analysis of the effect
on air quality;
A 30-day period for submittal of public comment; and
A notice by prominent advertisement in the area affected
of the location of the source information and the analysis of the
effect on air quality. This delegation includes authority for the
following sections of the Outer Continental Shelf Air Regulations:
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Section Title
------------------------------------------------------------------------
55.1..... Statutory authority and scope.
55.2..... Definitions.
55.3..... Applicability.
55.4..... Requirements to submit a notice of intent.
55.6..... Permit requirements.
55.7..... Exemptions.
55.8..... Monitoring, reporting, inspections, and compliance.
55.9..... Enforcement.
55.10.... Fees.
55.13.... Federal requirements that apply to OCS sources.
55.14.... Requirements that apply to OCS sources located within 25
miles of states' seaward boundaries by state.
------------------------------------------------------------------------
EPA is not delegating the authority to implement and enforce
sections 55.5 (Corresponding onshore area designation), 55.11
(Delegation), and 55.12 (Consistency updates), as authority for these
sections is reserved to the Administrator. The District has also
adopted Appendix A to 40 CFR part 55, Listing of State and Local
Requirements Incorporated by Reference into part 55, by State. The
authority to revise or amend this section is reserved to EPA Region 9.
In addition, SCAQMD has not yet received delegation of authority from
EPA for implementation and enforcement of the federal Prevention of
Significant Deterioration Program (PSD). Therefore, EPA shall retain
authority for the PSD provisions of part C of the Act and the
regulations promulgated thereunder at 40 CFR 52.21.
Under section 328(a)(3) of the Act, EPA may delegate authority to
implement and enforce the OCS air regulations to a state if that state
is adjacent to an OCS source and the Administrator determines that the
state's regulations are adequate. The State of California is adjacent
to a number of OCS sources. For the OCS sources for which the South
Coast has been designated the corresponding onshore area (COA), the
State has submitted SCAQMD's regulations to EPA and requested that EPA
delegate to SCAQMD authority to implement and enforce the OCS air
regulations. SCAQMD's regulations have been reviewed by EPA and, in
conjunction with the District's commitment to amend Rule 212 to (1)
incorporate public notice and comment procedures for OCS facilities;
and (2) to interpret the current Rule 212 to incorporate public notice
and comment procedures for OCS facilities until Rule 212 is amended,
EPA determined the regulations to be adequate for implementing and
enforcing the delegable sections of 40 CFR part 55.
The OCS air regulations set forth the following criteria for
delegation at 40 CFR 55.11:
(1) The state has adopted the appropriate portions of 40 CFR part
55 into state law--SCAQMD adopted Rule 1183, Outer Continental Shelf
Air Regulations, on March 12, 1993. This rule incorporates the
provisions of 40 CFR part 55 that EPA is delegating to the District.
(NOTE: Secs. 55.5 (corresponding onshore area designations), 55.11
(delegation), 55.12 (consistency updates), Appendix A (Listing of State
and Local Requirements) were adopted by SCAQMD but EPA will not
delegate authority for these sections, as provided by Sec. 55.11(a)).
(2) The state has adequate authority under state law to implement
and enforce the requirements of part 55--According to a letter dated
January 25, 1993 and forwarded to EPA from the State Attorney General,
SCAQMD has the authority to implement and enforce the requirements of
part 55.
(3) The state has adequate resources to implement and enforce the
requirements of part 55--SCAQMD has submitted information documenting
that the District has adequate resources to implement and enforce the
requirements of part 55.
(4) The state has adequate administrative procedures to implement
and enforce the requirements of this part, including public notice and
comment procedures--SCAQMD's administrative procedures have been
reviewed by EPA and found to be adequate assuming that the District:
(1) amends Rule 212 for OCS sources in accordance with 40 CFR
Sec. 51.161(b) and 40 CFR 124; and (2) interprets the current Rule 212
for OCS sources in accordance with 40 CFR 51.161(b) and 40 CFR 124.
EPA is delegating authority to implement and enforce part 55
pursuant to the SCAQMD's use of the following administrative and
procedural rules:
Regulation I--General Provisions
------------------------------------------------------------------------
Rule 104..... Reporting of Source Test Data January 9, 1976.
and Analysis.
Rule 105..... Authority to Arrest............ January 9, 1976.
Rule 106..... Increments of Progress......... January 9, 1976.
Rule 109..... Recordkeeping for Volatile March 6, 1992.
Organic Compounds.
Rule 110..... Rule Adoption Procedure to October 7, 1988.
Assure Protection and
Enhancement of The Environment.
------------------------------------------------------------------------
Regulation II--Permits
------------------------------------------------------------------------
Rule 201..... Permit to Construct............ January 5, 1990.
Rule 203..... Permit to Operate.............. January 5, 1990.
Rule 204..... Permit Conditions.............. March 6, 1992.
Rule 210..... Applications................... January 5, 1990.
Rule 212..... Standards for Approving Permits September 6, 1991.
(provided the Rule is
interpreted and implemented to
require public notice and
comment for OCS sources).
Rule 214..... Denial of Permits.............. January 5, 1990.
Rule 216..... Appeals........................ January 5, 1990.
Rule 221..... Plans.......................... January 4, 1985.
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Regulation III--Fees
------------------------------------------------------------------------
Rule 301..... Permit Fees.................... June 11, 1993.
Rule 303..... Hearing Board Fees............. June 6, 1992.
Rule 306..... Plan Fees...................... July 6, 1990.
------------------------------------------------------------------------
Regulation IV--Prohibitions
------------------------------------------------------------------------
Rule 430..... Breakdown Provisions........... May 5, 1978.
------------------------------------------------------------------------
Regulation V--Procedure Before the Hearing Board
------------------------------------------------------------------------
Rule 501..... General........................ February 5, 1988.
Rule 502..... Filing Petitions............... July 10, 1992.
Rule 503..... Petitions for Variances and February 5, 1988.
Appeals.
Rule 503.1... Ex Parte Petitions for February 5, 1988.
Variances.
Rule 504..... Rules from which Variances are January 5, 1990.
not allowed.
Rule 506..... Failure to Comply with Rules... February 5, 1988.
Rule 507..... Pleadings...................... August 1, 1995.
Rule 510..... Notice of Hearing.............. February 5, 1988.
Rule 511..... Evidence....................... February 5, 1988.
Rule 511.1... Subpoenas...................... February 5, 1988.
Rule 513..... Administrative Notice.......... February 5, 1988.
Rule 514..... Continuances................... February 5, 1988.
Rule 515..... Findings and Decisions......... March 6, 1992.
Rule 517..... Emergency Variances-- February 5, 1998.
Procedures--Breakdown.
------------------------------------------------------------------------
Regulation VII--Emergencies
------------------------------------------------------------------------
Rule 703..... Episode Criteria............... April 4, 1980.
Rule 704..... Episode Declaration............ July 9, 1982.
Rule 706..... Episode Notification........... April 4, 1980.
Rule 708..... Plans.......................... July 9, 1982.
------------------------------------------------------------------------
Regulation VIII--Orders for Abatement
------------------------------------------------------------------------
Rule 802..... Order of Abatement............. August 1, 1975.
Rule 803..... Filing Petitions............... February 5, 1988.
Rule 806..... Findings....................... February 5, 1988.
Rule 814..... Official Notice................ August 1, 1975.
Rule 816..... Order and Decisions............ February 5, 1988.
Rule 817..... Effective Date of Decision..... August 1, 1975.
------------------------------------------------------------------------
Regulation IX--New Source Performance Standards
------------------------------------------------------------------------
April 9, 1993..................
------------------------------------------------------------------------
Regulation XII--Rules of Practice and Procedures Health and Safety Code
Section 40509
------------------------------------------------------------------------
June, 1985.....................
------------------------------------------------------------------------
Regulation XIII--New Source Review
------------------------------------------------------------------------
June 28, 1990..................
------------------------------------------------------------------------
Regulation XVII--Prevention of Significant Deterioration
------------------------------------------------------------------------
January 6, 1989................
The District may use any administrative procedures it has under
State law to implement and enforce the requirements of part 55.
However, as stated in the preamble to part 55, as onshore, a variance
will not shield a source from enforcement action by EPA.
Permits
Pursuant to Sec. 55.6:
(1) SCAQMD will require that the Applicant send a copy of any
permit application required by 40 CFR 55.6 to the Administrator through
the EPA Regional Office (Attn: A-5-1) at the same time as the
application is submitted to SCAQMD.
(2) SCAQMD shall send a copy of any public comment notice required
under Secs. 55.6, 55.13 or 55.14 to the Administrator through the EPA
Regional Office (Attn: A-5-1) and to the Minerals Management Service.
(3) SCAQMD shall send a copy of any preliminary determination and
any final permit action required under Secs. 55.6, 55.13, or 55.14 to
the Administrator through the EPA Regional Office (Attn: A-5-1) at the
time of the determination and shall make available to the Administrator
any materials used in making the determination.
(4) SCAQMD shall provide written notice of any permit application
from a source, the emissions from which may affect a Class I area, to
the Federal Land Manager of that area.
(5) The District shall request EPA guidance on any matter involving
the interpretation of section 328 of the Act, the delegated sections of
the OCS regulations or any other provision of 40 CFR part 55 to the
extent that implementation, review, administration or enforcement of
these provisions has not been covered by determinations or guidance
sent to the District.
(6) Pursuant to its authority under the Clean Air Act, EPA may
review permits issued by the District under this agreement to ensure
that the District's implementation of Rule 1183 is consistent with the
time frames and requirements of the Federal regulations (40 CFR part
55).
Exemptions
Pursuant to Sec. 55.7:
(1) SCAQMD shall transmit to the Administrator (through the
Regional Office), the Minerals Management Service, and the U.S. Coast
Guard, a copy of the permit application that includes an exemption
request, or the request for exemption if no permit is required, within
5 days of its receipt.
(2) SCAQMD shall consult with the Minerals Management Service of
the U.S. Department of the Interior and the U.S. Coast Guard to
determine whether the exemption will be granted or denied.
(3) If SCAQMD, the Minerals Management Service, and the U.S. Coast
Guard do not reach a consensus decision within 90 days from the day the
SCAQMD received the exemption request, the request shall automatically
be referred to the Administrator, who will process the referral in
accordance with 40 CFR 55.7(f)(3). SCAQMD shall transmit to the
Administrator, within 91 days of its receipt, the exemption request and
all materials submitted with the request, such as the permit
application or the compliance plan, and any other information
considered or developed during the consultation process.
(4) SCAQMD will process exemption requests submitted with an
approval to construct or permit to operate application in accordance
with the procedures outlined in 40 CFR part 55.
Monitoring, Reporting, Inspections, and Compliance
SCAQMD may use any authority it possesses under state law to
require monitoring and reporting, and to conduct inspections. The
Administrator or SCAQMD shall consult with the Minerals Management
Service and the U.S. Coast Guard prior to inspections. This shall in no
way interfere with the ability of EPA or SCAQMD to conduct unannounced
inspections.
General Conditions
(1) SCAQMD shall implement and enforce the Federal requirements of
40 CFR 55.13 as well as the applicable state and local requirements
contained in 40 CFR 55.14. Notwithstanding the above, EPA retains
authority for implementation and enforcement of the PSD requirements of
part C of the Act and 40 CFR 52.21. The District shall notify sources
that may be subject to part C of the Act and 40 CFR 52.21 that they
must apply to EPA for a permit. The District's failure to notify
sources shall not affect EPA's exercise of its enforcement and
implementation authority.
(2) The primary responsibility for enforcement of the OCS air
regulations delegated to the District shall rest with the SCAQMD.
Nothing in this agreement shall prohibit EPA from enforcing the OCS
requirements of the Clean Air Act, the OCS regulations, or the terms
and conditions of any permit issued by the District pursuant to this
agreement.
(3) In the event that the District is unwilling or unable to
enforce a provision of this delegation with respect to a source subject
to the OCS air regulations, the District will immediately notify the
EPA Region 9 Regional Administrator. Failure to notify the Regional
Administrator does not preclude EPA from exercising its enforcement
authority.
(4) EPA shall retain authority to implement and enforce all
requirements for OCS sources located beyond 25 miles from the state's
seaward boundaries.
(5) This delegation may be amended at any time by the formal
written agreement of both the SCAQMD and EPA including amendments to
add, change, or remove conditions or terms of this agreement.
(6) If SCAQMD adopts revisions to the District regulations reviewed
by EPA and found to meet the requirements set forth at 40 CFR 55.11 for
delegation, the parties may amend the agreement pursuant to condition 5
above, or EPA may take steps to revoke the delegation in whole or in
part pursuant to condition 7 below. Any amendments to regulations
submitted by the District to meet the requirements of 40 CFR 55.11
shall not be applied under this agreement until EPA has reviewed such
amendments and determined that they are still adequate to implement and
enforce the delegable portions of 40 CFR part 55.
(7) This delegation, after consultation with the SCAQMD, may be
revoked in whole or in part if EPA determines that the SCAQMD no longer
meets the requirements for delegation set forth at 40 CFR 55.11(b)(1-
4). Any such revocation shall be effective as of the date specified in
a Notice of Revocation to the SCAQMD. In addition, this agreement shall
be revoked if: (1) the District does not amend Rule 212, Standards for
Approving Permits, to incorporate public notice and comment
requirements for OCS sources by August 15, 1994; (2) the District fails
to interpret the current Rule 212 to incorporate public notice and
comment for OCS sources.
(8) This delegation of authority becomes effective upon the date of
the signature of both parties to this Agreement.
(9) A notice of this delegated authority will be published in the
Federal Register.
Dated: May 9, 1994.
John Wise,
Acting Regional Administrator, Region 9.
Dated: May 3, 1994.
Dr. James Lents,
Executive Officer, South Coast Air Quality Management District.
Dated: May 2, 1994.
Peter M. Greenwald,
District Counsel, SCAQMD.
EPA Action
The EPA hereby notifies the public that it has delegated the
authority to implement and enforce the requirements of the OCS air
regulations (40 CFR part 55) promulgated by EPA on September 4, 1992 to
the above-referenced local agency.
The Office of Management and Budget has exempted this rulemaking
from the requirements of section 6 of Executive Order 12866.
This notice is issued under the authority of section 328 of the
Clean Air Act, 42 U.S.C. 7627.
Dated: June 16, 1994.
John Wise,
Acting Regional Administrator, Region 9.
[FR Doc. 94-17296 Filed 7-14-94; 8:45 am]
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