Outer Continental Shelf Consistency Update for Florida

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[FRL-5227-3]

Outer Continental Shelf Consistency Update for Florida

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule, consistency update.

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SUMMARY: EPA is finalizing the update to 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

final action incorporates the requirements contained in ``State of

Florida Requirements Applicable to OCS Sources'' (January 11, 1995).

EFFECTIVE DATE: This action is effective November 30, 1995.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal

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business hours Monday through Friday 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 4 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 4, 345 Courtland

Street, NE, Atlanta, GA 30365. Telephone (404) 347-3555 ext. 4144.

SUPPLEMENTARY INFORMATION:

Background

On April 13, 1995, in 60 FR 18787, EPA proposed to approve the

following requirements into the OCS Air Regulations: ``State of Florida

Requirements Applicable to OCS Sources'' (January 11, 1995). These

requirements are being promulgated in response to the submittal of a

Notice Of Intent, 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. EPA

has evaluated the above requirements 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 rules.

Response to Public Comments

A 30-day public comment period was provided in 60 FR 18787. EPA

received one comment from the public. The comment and response is

summarized below.

1. Vessel Emissions Considered Direct Emissions From the OCS Source

1-1. Comment: The requirement of Section 328 of the Act that

emissions from any vessel servicing or associated with an OCS source,

including emissions while at the OCS source or en route to or from the

OCS source within 25 miles of the OCS source, shall be considered

direct emissions from the OCS source requires that certain indirect

sources be treated as direct sources.

Response: In a decision concerning marine vessels in transit among

OCS sources, the Court of Appeals for the District of Columbia Circuit

(D.C. Circuit) issued an opinion which responds to Comment 1.1. In

Santa Barbara County Air Pollution Control District v. EPA, (D.C.

Circuit No. 92-1569), the court addresses whether EPA had appropriately

addressed marine vessels in the OCS Air Regulations final rule (57 FR

40792, September 4, 1992). In 40 CFR 55.2 of the final rule, the

definition of potential emissions states that:

Pursuant to section 328 of the Act, emissions from vessels

servicing or associated with an OCS source shall be considered

direct emissions from such a source while at the source, and while

enroute to or from the source when within 25 miles of the source,

and shall be included in the `potential to emit' for an OCS source.

In the opinion of the Court, the definition in 40 CFR 55.2 was

found to be a permissible reading of the statute and the Court agreed

with the Agency's interpretation of the statute. It is important to

note that the Court upheld EPA's interpretation that vessels were not

to be treated in and of themselves as OCS sources, subject to control

technology requirements.

EPA Action

In today's notice EPA takes final action to incorporate the

proposed changes into 40 CFR part 55. No changes were made to the

proposal set forth in the April 13, 1995, notice of proposed

rulemaking. EPA is approving the submittal as modified in the proposal

under section 328(a)(1) of the Act, 42 U.S.C. 7627. 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.

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

Administrative practice and procedures, Air pollution control,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Nitrogen oxides, Outer Continental Shelf, Ozone, Particulate matter,

Permits, Reporting and recordkeeping requirements, Sulfur oxides.

Dated: June 16, 1995.

John H. Hankinson, Jr.,

Regional Administrator.

Title 40 of the Code of Federal Regulations, part 55, is 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.

* * * * *

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(e) * * *

(6) * * *

(i) * * *

(A) State of Florida Requirements Applicable to OCS Sources,

January 11, 1995.

* * * * *

3. Appendix A to CFR 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, 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)

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 (NOX) Emitting

Facilities (Adopted 11/23/94)

296.570 Reasonably Available Control Technology (RACT)--Requirements

for Major VOC- and NOX-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)

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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)

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[FR Doc. 95-26584 Filed 10-30-95; 8:45 am]

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