Notice of Proposed Rule; Outer Continental Shelf Consistency Update for Florida

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[FRL-5179-5]

Notice of Proposed Rule; 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 (``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'' (January 11, 1995). Proposed

changes to the existing requirements are discussed below.

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

May 15, 1995.

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

Air Docket, Attn: Docket No. A-93-31, U.S. Environmental Protection

Agency, Region IV, Air, Pesticides, and Toxics Management Division, 345

Courtland Street, NE., Atlanta, GA 30365. (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. 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, 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 IV 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 IV, 345 Courtland Street,

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

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.

\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 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 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. 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 notice 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

[[Page 18788]]

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 55.12 (e)). In addition,

EPA has excluded administrative or procedural rules.2

\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 notice 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

and are a result of the recodification and renumbering of Florida air

regulations (Adopted 11/30/94) and the adoption of amendments to other

existing air regulations:

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)

297.401 EPA Test Procedures (Adopted 11/23/94)

297.411 DER Method 1 (Adopted 11/23/94)

[[Page 18789]]

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)

The following rule is proposed to be deleted from the State of

Florida requirements applicable to OCS sources. It will be superseded

by the provisions of another rule.

297.500 Continuous Emission Monitoring Requirements (Repealed 11/

23/94)

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

Environmental protection, Administrative practice and procedures,

Air pollution control, Hydrocarbons, Intergovernmental relations,

Nitrogen dioxide, Nitrogen oxides, Outer continental shelf, Ozone,

Particulate matter, Permits, Reporting and recordkeeping requirements,

Sulfur oxides.

Dated: March 16, 1995.

Patrick M. Tobin,

Acting 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)(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,

January 11, 1995.

* * * * *

3. Appendix A to part 55 is proposed to be 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)

[[Page 18790]]

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)

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)

* * * * *

[FR Doc. 95-9060 Filed 4-12-95; 8:45 am]

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