[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Proposed Rules]
[Pages 994-997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-276]


[[Page Unknown]]

[Federal Register: January 7, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55

[FRL-4822-1]

 

Outer Continental Shelf Air Regulations

AGENCY: Environmental Protection Agency (``EPA'').

ACTION: Notice of proposed rulemaking (``NPR'')--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 that is being updated 
pertains to the requirements for OCS sources for which the San Luis 
Obispo County Air Pollution Control District (San Luis Obispo County 
APCD), the Santa Barbara County Air Pollution Control District (Santa 
Barbara County APCD), and the Ventura County Air Pollution Control 
District (Ventura County APCD) are the designated COAs. The OCS 
requirements for the above Districts, 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 
February 7, 1994.

ADDRESSES: Comments must be mailed (in duplicate if possible) to: EPA 
Air Docket (A-5), Attn: Docket No. A-93-16, 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 III). 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, Environmental Protection 
Agency, Air and Toxics Division, Region 9, 75 Hawthorne St., San 
Francisco, CA 94105. EPA Air Docket (LE-131), Attn: Air Docket No. A-
93-16, 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) 744-1195.

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.
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    \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 rules by 
three local air pollution control agencies. 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 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 and local rules 
submitted for inclusion in part 55 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.2
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    \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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    A. After review of the rules submitted by the San Luis Obispo 
County APCD against the criteria set forth above and in 40 CFR part 55, 
EPA is proposing to make the following rules applicable to OCS sources 
for which the San Luis Obispo County APCD is designated as the COA. 
None of the existing OCS requirements were deleted. The following rules 
were submitted as amendments to existing requirements:

Rule 105  Definitions (Adopted 10/6/93)
Rule 204  Requirements, except B.3 and C. (Adopted 8/10/93)
    Sections B.3 and C conflict with the language of part 55.
Rule 213  Calculations, except E.4 and F. (Adopted 8/10/93)
    Sections E.4 and F are District administrative procedures.
Rule 305  Fees for Major Non-Vehicular Sources (title change--
Adopted 9/15/92)
Rule 417  Control of Fugitive Emissions of Volatile Organic 
Compounds (Adopted 2/9/93)


    B. After review of the rules submitted by the Santa Barbara County 
APCD against the criteria set forth above and in 40 CFR part 55, EPA is 
proposing to make the following rule applicable to OCS sources for 
which the Santa Barbara County APCD is designated as the COA. None of 
the existing OCS requirements were deleted.
    The following new rule was submitted by the District to be added:

Rule 212  Emission Statements (Adopted 10/20/92)


    C. After review of the rules submitted by Ventura County APCD 
against the criteria set forth above and in 40 CFR part 55, EPA is 
proposing to make the following rules applicable to OCS sources for 
which Ventura County APCD is designated as the COA. None of the 
existing OCS requirements were deleted.
    The following rules were submitted as amendments to existing 
requirements:

Rule 23  Exemptions from Permit (Adopted 6/8/93)
Rule 71  Crude Oil and ROC Liquids (Adopted 6/8/93)
Rule 71.4  Petroleum Sumps, Pits, Ponds and Well Cellars (Adopted 6/
8/93)
Rule 72  NSPS (Adopted 7/13/93)
Rule 74.9  Stationary Internal Combustion Engines (Adopted 12/3/91)
Rule 74.15  Boilers, Steam Generators and Process Heaters (5MM BTUs 
and greater) (Adopted 12/3/91)

    The following new rules were submitted by the District to be added:

Rule 74.15.1  Boilers, Steam Generators and Process Heaters (1-5MM 
BTUs) (Adopted 5/11/93)
Rule 74.20  Adhesives and Sealants (Adopted 6/8/93)

    The following rule was submitted by the District but will not be 
included:

Rule 42.M  Air Toxics ``Hot Spots'' Program Fees (Adopted 5/4/93)

    This is an administrative rule for requirements that are not 
related to the attainment and maintenance of ambient air quality 
standards or part C of title I of the Act and will not be incorporated 
into part 55.

Administrative Requirements

A. Executive Order

    The Office of Management and Budget 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. 3501 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, Incorporation by reference, 
Intergovernmental relations, Nitrogen dioxide, Nitrogen oxides, Outer 
Continental Shelf, Ozone, Particulate matter, Permits, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: December 14, 1993.
John Wise,
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 paragraphs 
(e)(3)(ii)(E), (e)(3)(ii)(F), and (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) * * *
    (E) San Luis Obispo County Air Pollution Control District 
Requirements Applicable to OCS Sources.
    (F) Santa Barbara County Air Pollution Control District 
Requirements Applicable to OCS Sources.
* * * * *
    (H) Ventura County Air Pollution Control District Requirements 
Applicable to OCS Sources.
* * * * *
    4. Appendix A to 40 CFR part 55 is proposed to be amended by 
revising paragraphs (b)(5), (b)(6), and (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) * * *
    (5) The following requirements are contained in San Luis Obispo 
County Air Pollution Control District Requirements Applicable to OCS 
Sources:

Rule 103  Conflicts Between District, State and Federal Rules 
(Adopted 8/6/76)
Rule 104  Action in Areas of High Concentration (Adopted 7/5/77)
Rule 105  Definitions (Adopted 10/6/93)
Rule 106  Standard Conditions (Adopted 8/6/76)
Rule 108  Severability (Adopted 11/13/84)
Rule 113  Continuous Emissions Monitoring, except F. (Adopted 7/5/
77)
Rule 201  Equipment not Requiring a Permit, except A.1.b. (Adopted 
11/5/91)
Rule 202  Permits, except A.4. and A.8. (Adopted 11/5/91)
Rule 203  Applications, except B. (Adopted 11/5/91)
Rule 204  Requirements, except B.3. and C. (Adopted 8/10/93)
Rule 209  Provision for Sampling and Testing Facilities (Adopted 11/
5/91)
Rule 210  Periodic Inspection, Testing and Renewal of Permits to 
Operate (Adopted 11/5/91)
Rule 213  Calculations, except E.4. and F. (Adopted 8/10/93)
Rule 302  Schedule of Fees (Adopted 9/15/92)
Rule 305  Fees for Major Non-Vehicular Sources (title change--
Adopted 9/15/92)
Rule 401  Visible Emissions (Adopted 8/6/76)
Rule 403  Particulate Matter Emissions (Adopted 8/6/76)
Rule 404  Sulfur Compounds Emission Standards, Limitations and 
Prohibitions (Adopted 12/6/76)
Rule 405  Nitrogen Oxides Emission Standards, Limitations and 
Prohibitions (Adopted 11/13/84)
Rule 406  Carbon Monoxide Emission Standards, Limitations and 
Prohibitions (Adopted 11/14/84)
Rule 407  Organic Material Emission Standards, Limitations and 
Prohibitions (Adopted 1/10/89)
Rule 411  Surface Coating of Metal Parts and Products (Adopted 1/10/
89)
Rule 416  Degreasing Operations (Adopted 6/18/79)
Rule 417  Control of Fugitive Emissions of Volatile Organic 
Compounds (Adopted 2/9/93)
Rule 422  Refinery Process Turnarounds (Adopted 6/18/79)
Rule 501  General Burning Provisions (Adopted 1/10/89)
Rule 503  Incinerator Burning, except B.1.a. (Adopted 2/7/89)
Rule 601  New Source Performance Standards (Adopted 9/4/90)

    (6) The following requirements are contained in Santa Barbara 
County Air Pollution Control District Requirements Applicable to OCS 
Sources:

Rule 102  Definitions (Adopted 7/30/91)
Rule 103  Severability (Adopted 10/23/78)
Rule 201  Permits Required (Adopted 7/2/79)
Rule 202  Exemptions to Rule 201 (Adopted 3/10/92)
Rule 203  Transfer (Adopted 10/23/78)
Rule 204  Applications (Adopted 10/23/78)
Rule 205  Standards for Granting Applications (Adopted 7/30/91)
Rule 206  Conditional Approval of Authority to Construct or Permit 
to Operate (Adopted 10/15/91)
Rule 207  Denial of Application (Adopted 10/23/78)
Rule 210  Fees (Adopted 5/7/91)
Rule 212  Emission Statements (Adopted 10/20/92)
Rule 301  Circumvention (Adopted 10/23/78)
Rule 302  Visible Emissions (Adopted 10/23/78)
Rule 304  Particulate Matter-Northern Zone (Adopted 10/23/78)
Rule 305  Particulate Matter Concentration-Southern Zone (Adopted 
10/23/78)
Rule 306  Dust and fumes-Northern Zone (Adopted 10/23/78)
Rule 307  Particulate Matter Emission Weight Rate-Southern Zone 
(Adopted 10/23/78)
Rule 308  Incinerator Burning (Adopted 10/23/78)
Rule 309  Specific Contaminants (Adopted 10/23/78)
Rule 310  Odorous Organic Sulfides (Adopted 10/23/78)
Rule 311  Sulfur Content of Fuels (Adopted 10/23/78)
Rule 312  Open Fires (Adopted 10/2/90)
Rule 317  Organic Solvents (Adopted 10/23/78)
Rule 318  Vacuum Producing Devices or Systems-Southern Zone (Adopted 
10/23/78)
Rule 321  Control of Degreasing Operations (Adopted 7/10/90)
Rule 322  Metal Surface Coating Thinner and Reducer (Adopted 10/23/
78)
Rule 323  Architectural Coatings (Adopted 2/20/90)
Rule 324  Disposal and Evaporation of Solvents (Adopted 10/23/78)
Rule 325  Storage of Petroleum and Petroleum Products (Adopted 12/
10/91)
Rule 326  Effluent Oil Water Separators (Adopted 10/23/78)
Rule 327  Organic Liquid Cargo Tank Vessel Loading (Adopted 12/16/
85)
Rule 328  Continuous Emission Monitoring (Adopted 10/23/78)
Rule 330  Surface Coating of Miscellaneous Metal Parts and Products 
(Adopted 11/13/90)
Rule 331  Fugitive Emissions Inspection and Maintenance (Adopted 12/
10/91)
Rule 332  Petroleum Refinery Vacuum Producing Systems. Wastewater 
Separators and Process Turnarounds (Adopted 6/11/79)
Rule 333  Control of Emissions from Reciprocating Internal 
Combustion Engines (12/10/91)
Rule 342  Control of Oxides of Nitrogen (NOx from Boilers, Steam 
Generators and Process Heaters) (03/10/92)
Rule 505  Breakdown Conditions Sections A., B.1., and D. only 
(Adopted 10/23/78)
Rule 603  Emergency Episode Plans (Adopted 6/15/81)
* * * * *
    (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  Permit Issuances (Adopted 7/5/83)
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 6/8/93)
Rule 24  Source Recordkeeping, Reporting, and Emission Statements 
(Adopted 09/15/92)
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)

Appendix II-A  Information Required for Applications to the Air 
Pollution Control District

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

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 7/5/83)
Rule 56  Open Fires (Adopted 5/24/88)
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 7/5/83)
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)
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 12/3/91)
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 75  Circumvention (Adopted 11/27/78)

Appendix IV-A  Soap Bubble Tests

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. 94-276 Filed 1-6-94; 8:45 am]
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