[Federal Register Volume 59, Number 26 (Tuesday, February 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2487]


[[Page Unknown]]

[Federal Register: February 8, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55

[FRL-4835-4]

 

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 South Coast 
Air Quality Management District (South Coast AQMD) is the designated 
COA. This is the first update of the South Coast AQMD OCS requirements 
since promulgation of the OCS Air Regulations on September 4, 1992. The 
OCS requirements for the South Coast AQMD 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. Proposed changes to the existing requirements are 
discussed below.

DATES: Comments on the proposed update must be received on or before 
March 10, 1994.

ADDRESSES: Comments must be mailed (in duplicate if possible) to: EPA 
Air Docket (A-5), Attn: Docket No. A-93-16 section IV, 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 IV. 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 IV, 
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 section IV, 
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 551, 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 
the South Coast AQMD. 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 in part 55, even though the same rules may ultimately be 
disapproved for inclusion as part of the state's 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 rules2 and requirements for toxics 
and the South Coast AQMD's RECLAIM (Regional Clean Air Incentives 
Market) requirements. RECLAIM requirements will be incorporated as 
appropriate through a separate consistency update.
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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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    After review of the rules submitted by the South Coast AQMD against 
the criteria set forth above and in 40 CFR part 55, EPA is proposing to 
rescind the following rule which has been applicable to OCS sources:

Rule 107  Determination of Volatile Organic Compounds in Organic 
Material (Rescinded 3/6/92)

    The following rules submitted as amendments to existing 
requirements are proposed for inclusion in part 55, except the sections 
of the rules relating to toxics, administrative requirements, and 
RECLAIM requirements:

Rule 109  Recordkeeping for Volatile Organic Compound Emissions 
(Adopted 3/6/92)
Rule 204  Permit Conditions (Adopted 3/6/92)
Rule 212  Standards for Approving Permits (Adopted 9/6/91) except 
(c)(3) section on toxics and (e) administrative requirement
Rule 219  Equipment Not Requiring a Written Permit (Adopted 9/11/92)
Rule 301  Permit Fees (Adopted 6/11/93) except all references to 
RECLAIM
Rule 304  Equipment, Materials, and Ambient Air Analyses (Adopted 6/
11/93)
Rule 304.1  Analyses Fees (Adopted 6/6/92)
Rule 305  Fees for Acid Deposition (Adopted 10/4/91)
Rule 403  Fugitive Dust (Adopted 7/9/93)
Rule 431.1  Sulfur Content of Gaseous Fuels (Adopted 10/2/92)
Rule 465  Vacuum Producing Devices or Systems (Adopted 11/1/91)
Reg IX  New Source Performance Standards (Adopted 4/9/93)
Rule 1106  Marine Coatings Operations (Adopted 8/2/91)
Rule 1107  Coating of Material Parts and Products (Adopted 8/2/91)
Rule 1113  Architectural Coatings (Adopted 9/6/91)
Rule 1122  Solvent Cleaners (Adopted 4/5/91)
Rule 1146.1  Emission of Oxides of Nitrogen From Small Industrial, 
Institutional, and Commercial Boilers, Steam Generators, and Process 
Heaters (Adopted 7/10/92)
Rule 1168  Control of Volatile Organic Compound Emissions from 
Adhesive Application (Adopted 12/4/92)
Rule 1302  Definitions (Adopted 5/3/91)
Rule 1304  Exemptions (Adopted 9/11/92)

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 in 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: January 28, 1994.
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)(G) 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) * * *
    (G) South Coast Air Quality Management District Requirements 
Applicable to OCS Sources.
* * * * *
    4. Appendix A to CFR part 55 is proposed to be amended by revising 
paragraph (7) 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) * * *
    (7) The following requirements are contained in South Coast Air 
Quality Management District Requirements Applicable to OCS Sources:

Rule 102  Definition of Terms (Adopted 11/4/88)
Rule 103  Definition of Geographical Areas (Adopted 1/9/76)
Rule 104  Reporting of Source Test Data and Analyses (Adopted 1/9/
76)
Rule 108  Alternative Emission Control Plans (Adopted 4/6/90)
Rule 109  Recordkeeping for Volatile Organic Compound Emissions 
(Adopted 3/6/92)
Rule 201  Permit to Construct (Adopted 1/5/90)
Rule 201.1  Permit Conditions in Federally Issued Permits to 
Construct (Adopted 1/5/90)
Rule 202  Temporary Permit to Operate (Adopted 5/7/76)
Rule 203  Permit to Operate (Adopted 1/5/90)
Rule 204  Permit Conditions (Adopted 3/6/92)
Rule 205  Expiration of Permits to Construct (Adopted 1/5/90)
Rule 206  Posting of Permit to Operate (Adopted 1/5/90)
Rule 207  Altering or Falsifying of Permit (Adopted 1/9/76)
Rule 208  Permit for Open Burning (Adopted 1/5/90)
Rule 209  Transfer and Voiding of Permits (Adopted 1/5/90)
Rule 210  Applications (Adopted 1/5/90)
Rule 212  Standards for Approving Permits (9/6/91) except (c)(3) and 
(e)
Rule 214  Denial of Permits (Adopted 1/5/90)
Rule 217  Provisions for Sampling and Testing Facilities (Adopted 1/
5/90)
Rule 218  Stack Monitoring (Adopted 8/7/81)
Rule 219  Equipment Not Requiring a Written Permit Pursuant to 
Regulation II (Adopted 9/11/92)
Rule 220  Exemption--Net Increase in Emissions (Adopted 8/7/81)
Rule 221  Plans (Adopted 1/4/85)
Rule 301  Permit Fees (Adopted 6/11/93) except all references to 
RECLAIM
Rule 304  Equipment, Materials, and Ambient Air Analyses (Adopted 6/
11/93)
Rule 304.1  Analyses Fees (Adopted 6/6/92)
Rule 305  Fees for Acid Deposition (Adopted 10/4/91)
Rule 306  Plan Fees (Adopted 7/6/90)
Rule 401  Visible Emissions (Adopted 4/7/89)
Rule 403  Fugitive Dust (Adopted 7/9/93)
Rule 404  Particulate Matter--Concentration (Adopted 2/7/86)
Rule 405  Solid Particulate Matter--Weight (Adopted 2/7/86)
Rule 407  Liquid and Gaseous Air Contaminants (Adopted 4/2/82)
Rule 408  Circumvention (Adopted 5/7/76)
Rule 409  Combustion Contaminants (Adopted 8/7/81)
Rule 429  Start-Up and Shutdown Provisions for Oxides of Nitrogen 
(Adopted 12/21/90)
Rule 430  Breakdown Provisions, (a) and (e) only. (Adopted 5/5/78)
Rule 431.1  Sulfur Content of Gaseous Fuels (Adopted 10/2/92)
Rule 431.2  Sulfur Content of Liquid Fuels (Adopted 5/4/90)
Rule 431.3  Sulfur Content of Fossil Fuels (Adopted 5/7/76)
Rule 441  Research Operations (Adopted 5/7/76)
Rule 442  Usage of Solvents (Adopted 3/5/82)
Rule 444  Open Fires (Adopted 10/2/87)
Rule 463  Storage of Organic Liquids (Adopted 12/7/90)
Rule 465  Vacuum Producing Devices or Systems (Adopted 11/1/91)
Rule 468  Sulfur Recovery Units (Adopted 10/8/76)
Rule 473  Disposal of Solid and Liquid Wastes (Adopted 5/7/76)
Rule 474  Fuel Burning Equipment-Oxides of Nitrogen (Adopted 12/4/
81)
Rule 475  Electric Power Generating Equipment (Adopted 8/7/78)
Rule 476  Steam Generating Equipment (Adopted 10/8/76)
Rule 480  Natural Gas Fired Control Devices (Adopted 10/7/77)

Addendum to Regulation IV

Rule 701  General (Adopted 7/9/82)
Rule 702  Definitions (Adopted 7/11/80)
Rule 704  Episode Declaration (Adopted 7/9/82)
Rule 707  Radio--Communication System (Adopted 7/11/80)
Rule 708  Plans (Adopted 7/9/82)
Rule 708.1  Stationary Sources Required to File Plans (Adopted 4/4/
80)
Rule 708.2  Content of Stationary Source Curtailment Plans (Adopted 
4/4/80)
Rule 708.4  Procedural Requirements for Plans (Adopted 7/11/80)
Rule 709  First Stage Episode Actions (Adopted 7/11/80)
Rule 710  Second Stage Episode Actions (Adopted 7/11/80)
Rule 711  Third Stage Episode Actions (Adopted 7/11/80)
Rule 712  Sulfate Episode Actions (Adopted 7/11/80)
Rule 715  Burning of Fossil Fuel on Episode Days (Adopted 8/24/77)

Regulation IX--New Source Performance Standards (Adopted 4/9/93)

Rule 1106  Marine Coatings Operations (Adopted 8/2/91)
Rule 1107  Coating of Metal Parts and Products (Adopted 8/2/91)
Rule 1109  Emissions of Oxides of Nitrogen for Boilers and Process 
Heaters in Petroleum Refineries (Adopted 8/5/88)
Rule 1110  Emissions from Stationary Internal Combustion Engines 
(Demonstration) (Adopted 11/6/81)
Rule 1110.1  Emissions from Stationary Internal Combustion Engines 
(Adopted 10/5/85)
Rule 1110.2  Emissions from Gaseous and Liquid-Fueled Internal 
Combustion Engines (Adopted 9/7/90)
Rule 1113  Architectural Coatings (Adopted 9/6/91)
Rule 1116.1  Lightering Vessel Operations-Sulfur Content of Bunker 
Fuel (Adopted 10/20/78)
Rule 1121  Control of Nitrogen Oxides from Residential-Type Natural 
Gas-Fired Water Heaters (Adopted 12/1/78)
Rule 1122  Solvent Cleaners (Degreasers) (Adopted 4/5/91)
Rule 1123  Refinery Process Turnarounds (Adopted 12/7/90)
Rule 1129  Aerosol Coatings (Adopted 11/2/90)
Rule 1134  Emissions of Oxides of Nitrogen from Stationary Gas 
Turbines (Adopted 8/4/89)
Rule 1142  Marine Tank Vessel Operations (Adopted 7/19/91)
Rule 1146  Emissions of Oxides of Nitrogen from Industrial, 
Institutional, and Commercial Boilers, Steam Generators, and Process 
Heaters (Adopted 1/6/89)
Rule 1146.1  Emission of Oxides of Nitrogen from Small Industrial, 
Institutional, and Commercial Boilers, Steam Generators, and Process 
Heaters (Adopted 7/10/92)
Rule 1148  Thermally Enhanced Oil Recovery Wells (Adopted 11/5/82)
Rule 1149  Storage Tank Degassing (Adopted 4/1/88)
Rule 1168  Control of Volatile Organic Compound Emissions from 
Adhesive Application (Adopted 12/4/92)
Rule 1173  Fugitive Emissions of Volatile Organic Compounds (Adopted 
12/7/90)
Rule 1176  Sumps and Wastewater Separators (Adopted 1/5/90)
Rule 1301  General (Adopted 6/28/90)
Rule 1302  Definitions (Adopted 5/3/91)
Rule 1303  Requirements (Adopted 5/3/91)
Rule 1304  Exemptions (Adopted 9/11/92)
Rule 1306  Emission Calculations (Adopted 5/3/91)
Rule 1313  Permits to Operate (Adopted 6/28/90)
Rule 1403  Asbestos Emissions from Demolition/Renovation Activities 
(Adopted 10/6/89)
Rule 1701  General (Adopted 1/6/89)
Rule 1702  Definitions (Adopted 1/6/89)
Rule 1703  PSD Analysis (Adopted 10/7/88)
Rule 1704  Exemptions (Adopted 1/6/89)
Rule 1706  Emission Calculations (Adopted 1/6/89)
Rule 1713  Source Obligation (Adopted 10/7/88)

Regulation XVII Appendix

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[FR Doc. 94-2487 Filed 2-7-94; 8:45 am]
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