Outer Continental Shelf Air Regulations Consistency Update for California

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[FRL-5185-8]

Outer Continental Shelf Air Regulations Consistency Update for

California

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 (``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 being updated pertain to

the operating permit requirements for OCS sources for which the Ventura

County Air Pollution Control District (Ventura County APCD) is the

designated COA. The OCS requirements for the above District, 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.

DATES: Comments on the proposed update must be received on or before

May 8, 1995.

ADDRESSES: Comments must be mailed (in duplicate if possible) to: EPA

Air Docket (A-5), Attn: Docket No. A-93-16 Section VIII, 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 VIII). 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 VIII,

Environmental Protection Agency, Air and Toxics Division, Region 9, 75

Hawthorne St., San Francisco, CA 94105.

EPA Air Docket (LE-6102), Attn: Air Docket No. A-93-16 Section VIII,

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 55,1 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.

\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 part 70

permit rules by a local air pollution control agency.

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

On November 22, 1994 (59 FR 60104), EPA proposed interim approval

of the Ventura County APCD Operating Permits Program (part 70 permits).

EPA is now proposing to update 40 CFR part 55 by incorporating the

requirements of this program, in response to Ventura County APCD's

request and to maintain consistency with onshore requirements. These

proposed requirements will apply to the extent 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, that they are applicable to OCS sources, and that they do not

solely regulate pollutants or precursors to pollutants for which there

is no Federal or State ambient air quality standard. These proposed

Ventura County APCD part 70 permit requirements applicable to OCS

sources will not be finalized in part 55 until EPA takes final action

granting full or interim approval to the Ventura County APCD Operating

Permits Program.

The following Ventura County APCD part 70 permit requirement were

submitted for inclusion in part 55:

Rule 33 Part 70 Permits--General (Adopted 10/12/93)

Rule 33.1 Part 70 Permits--Definitions (Adopted 10/12/93)

Rule 33.2 Part 70 Permits--Application Contents (Adopted 10/12/93)

Rule 33.3 Part 70 Permits--Permit Content (Adopted 10/12/93)

Rule 33.4 Part 70 Permits--Operational Flexibility (Adopted 10/12/93)

Rule 33.5 Part 70 Permits--Timeframes for Applications, Review and

Issuance (Adopted 10/12/93) [[Page 17749]]

Rule 33.6 Part 70 Permits--Permit Term and Permit Reissuance (Adopted

10/12/93)

Rule 33.7 Part 70 Permits--Notification (Adopted 10/12/93)

Rule 33.8 Part 70 Permits--Reopening of Permits (Adopted 10/12/93)

Rule 33.9 Part 70 Permits--Compliance Provisions (Adopted 10/12/93)

Rule 33.10 Part 70 Permits--General Part 70 Permits (Adopted 10/12/93)

B. Regulatory Flexibility Act

As was stated in the final OCS 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 part 70 permit

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 OCS rule. Because this action does not create any

new requirements, it does not have a significant impact on a

substantial number of small entities.

C. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from Executive Order 12866 review.

List of Subjects in 40 CFR Part 55

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: March 27, 1995.

Felicia Marcus,

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 paragraph

(e)(3)(ii)(H) 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) * * *

(H) Ventura County Air Pollution Control District Requirements

Applicable to OCS Sources.

* * * * *

4. Appendix A to part 55 is proposed to be amended by revising

paragraph (b) (8) 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

* * * * *

(b) Local requirements.

* * * * *

(8) The following requirements are contained in Ventura County Air

Pollution Control District Requirements Applicable to OCS Sources:

Rule 2 Definitions (Adopted 12/15/92)

Rule 5 Effective Date (Adopted 5/23/72)

Rule 6 Severability (Adopted 11/21/78)

Rule 7 Zone Boundaries (Adopted 6/14/77)

Rule 10 Permits Required (Adopted 7/5/83)

Rule 11 Application Contents (Adopted 8/15/78)

Rule 12 Statement by Application Preparer (Adopted 6/16/87)

Rule 13 Statement by Applicant (Adopted 11/21/78)

Rule 14 Trial Test Runs (Adopted 5/23/72)

Rule 15.1 Sampling and Testing Facilities (Adopted 10/12/93)

Rule 16 Permit Contents (Adopted 12/2/80)

Rule 18 Permit to Operate Application (Adopted 8/17/76)

Rule 19 Posting of Permits (Adopted 5/23/72)

Rule 20 Transfer of Permit (Adopted 5/23/72)

Rule 21 Expiration of Applications and Permits (Adopted 6/23/81)

Rule 23 Exemptions from Permits (Adopted 3/22/94)

Rule 24 Source Recordkeeping, Reporting, and Emission Statements

(Adopted 9/15/92)

Rule 26 New Source Review (Adopted 10/22/91)

Rule 26.1 New Source Review--Definitions (Adopted 10/22/91)

Rule 26.2 New Source Review--Requirements (Adopted 10/22/91)

Rule 26.3 New Source Review--Exemptions (Adopted 10/22/91)

Rule 26.6 New Source Review--Calculations (Adopted 10/22/91)

Rule 26.8 New Source Review--Permit To Operate (Adopted 10/22/91)

Rule 26.10 New Source Review--PSD (Adopted 10/22/91)

Rule 28 Revocation of Permits (Adopted 7/18/72)

Rule 29 Conditions on Permits (Adopted 10/22/91)

Rule 30 Permit Renewal (Adopted 5/30/89)

Rule 32 Breakdown Conditions: Emergency Variances, A., B.1., and D.

only. (Adopted 2/20/79)

Rule 33 Part 70 Permits--General (Adopted 10/12/93)

Rule 33.1 Part 70 Permits--Definitions (Adopted 10/12/93)

Rule 33.2 Part 70 Permits--Application Contents (Adopted 10/12/93)

Rule 33.3 Part 70 Permits--Permit Content (Adopted 10/12/93)

Rule 33.4 Part 70 Permits--Operational Flexibility (Adopted 10/12/

93)

Rule 33.5 Part 70 Permits--Timeframes for Applications, Review and

Issuance (Adopted 10/12/93)

Rule 33.6 Part 70 Permits--Permit Term and Permit Reissuance

(Adopted 10/12/93)

Rule 33.7 Part 70 Permits--Notification (Adopted 10/12/93)

Rule 33.8 Part 70 Permits--Reopening of Permits (Adopted 10/12/93)

Rule 33.9 Part 70 Permits--Compliance Provisions (Adopted 10/12/93)

Rule 33.10 Part 70 Permits--General Part 70 Permits (Adopted 10/10/

93)

Appendix II-A Information Required for Applications to the Air

Pollution Control District (Adopted 12/86)

Appendix II-B Best Available Control Technology (BACT) Tables

(Adopted 12/86)

Rule 42 Permit Fees (Adopted 12/22/92)

Rule 44 Exemption Evaluation Fee (Adopted 1/8/91)

Rule 45 Plan Fees (Adopted 6/19/90)

Rule 45.2 Asbestos Removal Fees (Adopted 8/4/92)

Rule 50 Opacity (Adopted 2/20/79)

Rule 52 Particulate Matter-Concentration (Adopted 5/23/72)

Rule 53 Particulate Matter-Process Weight (Adopted 7/18/72)

Rule 54 Sulfur Compounds (Adopted 6/14/94)

Rule 56 Open Fires (Adopted 3/29/94)

Rule 57 Combustion Contaminants-Specific (Adopted 6/14/77)

Rule 60 New Non-Mobile Equipment-Sulfur Dioxide, Nitrogen Oxides,

and Particulate Matter (Adopted 7/8/72)

Rule 62.7 Asbestos--Demolition and Renovation (Adopted 6/16/92)

Rule 63 Separation and Combination of Emissions (Adopted 11/21/78)

Rule 64 Sulfur Content of Fuels (Adopted 6/14/94)

Rule 66 Organic Solvents (Adopted 11/24/87)

Rule 67 Vacuum Producing Devices (Adopted 7/5/83)

Rule 68 Carbon Monoxide (Adopted 6/14/77)

Rule 71 Crude Oil and Reactive Organic Compound Liquids (Adopted 6/

8/93)

Rule 71.1 Crude Oil Production and Separation (Adopted 6/16/92)

Rule 71.2 Storage of Reactive Organic Compound Liquids (Adopted 9/

26/89)

Rule 71.3 Transfer of Reactive Organic Compound Liquids (Adopted 6/

16/92)

Rule 71.4 Petroleum Sumps, Pits, Ponds, and Well Cellars (Adopted

6/8/93)

Rule 72 New Source Performance Standards (NSPS) (Adopted 7/13/93)

[[Page 17750]]

Rule 74 Specific Source Standards (Adopted 7/6/76)

Rule 74.1 Abrasive Blasting (Adopted 11/12/91)

Rule 74.2 Architectural Coatings (Adopted 08/11/92)

Rule 74.6 Surface Cleaning and Degreasing (Adopted 5/8/90)

Rule 74.6.1 Cold Cleaning Operations (Adopted 9/12/89)

Rule 74.6.2 Batch Loaded Vapor Degreasing Operations (Adopted 9/12/

89)

Rule 74.7 Fugitive Emissions of Reactive Organic Compounds at

Petroleum Refineries and Chemical Plants (Adopted 1/10/89)

Rule 74.8 Refinery Vacuum Producing Systems, Waste-water Separators

and Process Turnarounds (Adopted 7/5/83)

Rule 74.9 Stationary Internal Combustion Engines (Adopted 12/21/93)

Rule 74.10 Components at Crude Oil Production Facilities and

Natural Gas Production and Processing Facilities (Adopted 6/16/92)

Rule 74.11 Natural Gas-Fired Residential Water Heaters-Control of

NOx (Adopted 4/9/85)

Rule 74.12 Surface Coating of Metal Parts and Products (Adopted 11/

17/92)

Rule 74.15 Boilers, Steam Generators and Process Heaters (5MM BTUs

and greater) (Adopted 12/3/91)

Rule 74.15.1 Boilers, Steam Generators and Process Heaters (1-5MM

BTUs) (Adopted 5/11/93)

Rule 74.16 Oil Field Drilling Operations (Adopted 1/8/91)

Rule 74.20 Adhesives and Sealants (Adopted 6/8/93)

Rule 74.24 Marine Coating Operations (Adopted 3/8/94)

Rule 75 Circumvention (Adopted 11/27/78)

Appendix IV-A Soap Bubble Tests (Adopted 12/86)

Rule 100 Analytical Methods (Adopted 7/18/72)

Rule 101 Sampling and Testing Facilities (Adopted 5/23/72)

Rule 102 Source Tests (Adopted 11/21/78)

Rule 103 Stack Monitoring (Adopted 6/4/91)

Rule 154 Stage 1 Episode Actions (Adopted 9/17/91)

Rule 155 Stage 2 Episode Actions (Adopted 9/17/91)

Rule 156 Stage 3 Episode Actions (Adopted 9/17/91)

Rule 158 Source Abatement Plans (Adopted 9/17/91)

Rule 159 Traffic Abatement Procedures (Adopted 9/17/91)

[FR Doc. 95-8604 Filed 4-6-95; 8:45 am]

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