Outer Continental Shelf Air Regulations; Delegation of Authority; South Coast Air Quality Management District, State of California

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.

-----------------------------------------------------------------------

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.

---------------------------------------------------------------------------

\1\The term ``state'' as used in the delegation criteria refers

to the local air pollution permitting agency--SCAQMD.

---------------------------------------------------------------------------

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:

------------------------------------------------------------------------

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.

------------------------------------------------------------------------

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]

BILLING CODE 6560-50-P