[Federal Register Volume 59, Number 49 (Monday, March 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5869]


[[Page Unknown]]

[Federal Register: March 14, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[FRL-4847-1]

 

Outer Continental Shelf Air Regulations; Delegation of Authority; 
Santa Barbara County, San Luis Obispo County, and Ventura County; Air 
Pollution Control Districts; State of California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Delegation of authority.

-----------------------------------------------------------------------

SUMMARY: The Regional Administrator for EPA Region 9, San Francisco has 
delegated authority to implement and enforce the requirements of the 
Outer Continental Shelf (OCS) program within 25 miles of the state's 
seaward boundary to the Santa Barbara County Air Pollution Control 
District (SBCAPCD), San Luis Obispo County Air Pollution Control 
District (SLOCAPCD), and Ventura County Air Pollution Control District 
(VCAPCD), California. EPA reviewed each District's rules and 
regulations and has found them to be adequate for delegation.

DATES: The effective date of the delegation authority for each agency 
is:

Santa Barbara County APCD--November 5, 1993
San Luis Obispo County APCD--January 18, 1994
Ventura County APCD--January 27, 1994

ADDRESSES: Copies of the request for delegation of authority and EPA's 
letter of delegation are available for public inspection at EPA's 
Region 9 office during normal business hours and at the following 
locations:

Santa Barbara County Air Pollution Control District 26 Castilian Drive 
B-23, Goleta, CA 93117.
San Luis Obispo County Air Pollution Control District 2156 Sierra Way, 
Suite B, San Luis Obispo, CA 93401.
Ventura County Air Pollution Control District 702 County Square Drive, 
Ventura, CA 93003.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Rulemaking section 
(A-5-3), Air and Toxics Division, 75 Hawthorne Street, San Francisco, 
CA 94105. (415) 744-1197.

SUPPLEMENTARY INFORMATION: The U.S. Environmental Protection Agency has 
delegated the authority to implement and enforce the requirements of 
the OCS rule (40 CFR part 55) to the Santa Barbara County, San Luis 
Obispo County, and Ventura County Air Pollution Control Districts. The 
final OCS rule was promulgated by EPA on September 4, 1992 pursuant to 
section 328 of the Clean Air Act (the Act). (57 FR 40792).
    Under section 328(a)(3) of the Act, EPA may delegate authority to 
implement and enforce the OCS air regulations to a state if that state 
is adjacent to an OCS source and the Administrator determines that the 
state's regulations are adequate. The State of California is adjacent 
to a number of OCS sources and each District's regulations have been 
reviewed by EPA and have been determined to be adequate. The following 
criteria for delegation are set forth at 40 CFR 55.11:1 (1) The 
state has adopted the appropriate portions of 40 CFR part 55 into law; 
(2) The state has adequate authority under state law to implement and 
enforce the requirements of part 55; (3) The state has adequate 
resources to implement and enforce the requirements of part 55; and (4) 
The state has adequate administrative procedures to implement and 
enforce the requirements of part 55, including public notice and 
comment procedures.
---------------------------------------------------------------------------

    \1\The term ``state'' as used in the delegation criteria refers 
to the local air pollution permitting agencies--SBCAPCD, SLOCAPCD, 
and VCAPCD.
---------------------------------------------------------------------------

    The following delegation agreements represent the terms and 
conditions of the delegations to the SBCAPCD, SLOCAPCD, and VCAPCD:

I

U.S. EPA--Santa Barbara County APCD Agreement for Delegation of 
Authority for Outer Continental Shelf Air Regulations (40 CFR Part 55)

    The undersigned, on behalf of the Santa Barbara County Air 
Pollution Control District (``SBCAPCD'' or ``the District'') and the 
United States Environmental Protection Agency (``EPA''), hereby agree 
to the delegation of authority from EPA to SBCAPCD to implement and 
enforce the requirements of the Outer Continental Shelf Air Regulations 
(``OCS'') (40 CFR part 55) within 25 miles of the state's seaward 
boundary, pursuant to section 328(a)(3) of the Clean Air Act (``the 
Act''), subject to the terms and conditions below. EPA has reviewed 
SBCAPCD's request for delegation and has found that SBCAPCD's 
regulations meet the requirements for delegation set forth at 40 CFR 
55.11.
    This delegation includes authority for the following sections of 
the Outer Continental Shelf Air Regulations: 

------------------------------------------------------------------------
Section                                                                 
                                      Title                             
------------------------------------------------------------------------
55.1...  Statutory authority and scope.                                 
55.2...  Definitions.                                                   
55.3...  Applicability.                                                 
55.4...  Requirements to submit a notice of intent.                     
55.6...  Permit requirements.                                           
55.7...  Exemptions.                                                    
55.8...  Monitoring, reporting, inspections, and compliance.            
55.9...  Enforcement.                                                   
55.10..  Fees.                                                          
55.13..  Federal requirements that apply to OCS sources.                
55.14..  Requirements that apply to OCS sources located within 25 miles 
          of states' seaward boundaries by state.                       
------------------------------------------------------------------------

    EPA is not delegating the authority to implement and enforce 
Secs. 55.5 (Corresponding onshore area designation), 55.11 
(Delegation), and 55.12 (Consistency updates), as authority for these 
sections is reserved to the Administrator.
    Under section 328(a)(3) of the Act, EPA may delegate authority to 
implement and enforce the OCS air regulations to a state if that state 
is adjacent to an OCS source and the Administrator determines that the 
state's regulations are adequate. The State of California is adjacent 
to a number of OCS sources. For the OCS sources for which Santa Barbara 
County has been designated the corresponding onshore area (COA), the 
State has submitted SBCAPCD's regulations to EPA and requested that EPA 
delegate authority to SBCAPCD to implement and enforce the OCS air 
regulations. SBCAPCD's regulations have been reviewed by EPA and 
determined to be adequate for implementing and enforcing the delegable 
sections of 40 CFR part 55.
    The OCS air regulations set forth the following criteria for 
delegation at 40 CFR 55.11:
    (1) The state has adopted the appropriate portions of 40 CFR part 
55 into state law--SBCAPCD adopted Rule 903, Outer Continental Shelf 
Air Regulations, on November 10, 1992. This rule incorporates the 
provisions of 40 CFR part 55 that EPA is delegating to the District.
    (2) The state has adequate authority under state law to implement 
and enforce the requirements of part 55--According to a letter dated 
January 25, 1993 and forwarded to EPA from the State Attorney General, 
SBCAPCD has the authority to implement and enforce the requirements of 
part 55.
    (3) The state has adequate resources to implement and enforce the 
requirements of part 55--SBCAPCD has submitted information documenting 
that the District has adequate resources to implement and enforce the 
requirements of part 55.
    (4) The state has adequate administrative procedures to implement 
and enforce the requirements of this part, including public notice and 
comment procedures--SBCAPCD's administrative procedures have been 
reviewed by EPA and found to be adequate. The following rules were 
submitted by SBCAPCD for review to meet this requirement:

Rule 101  Compliance By Existing Installations (Adopted 6/81)
Rule 208  Action on Applications--Time Limits (Adopted 10/18/71)
Rule 209  Appeals (Adopted 10/23/78)
Rule 210  Fees (Adopted 5/5/91)
Rule 501  Hearing Boards--General (Adopted 10/23/78)
Rule 502  Hearing Boards--Filing (Adopted 10/23/78)
Rule 503  Hearing Boards--Contents of Filing (Adopted 10/23/78)
Rule 505  Breakdown Conditions (Adopted 10/23/78)
Rule 507  Appeal From Denial (Adopted 10/23/78)
Rule 508  Failure to Comply with Rules (Adopted 10/23/78)
Rule 601  Emergencies--General (Adopted 6/15/81)
Rule 602  Episodes/Disasters (Adopted 6/15/81)
Rule 604  Source Inspection (Adopted 6/15/81)
Rule 605  Enforcement (Adopted 6/15/81)
Rule 901  New Source Performance Standards (Adopted 4/21/92)
Rule 1001  National Emission Standards for Hazardous Air Pollutants 
(Adopted 5/14/91)
Rule 1101  Public Notification--General (Adopted 9/15/80)
Rule 1102  Daily Reporting of Air Quality (Adopted 9/15/80)
Rule 1103  Annual Reporting (Adopted 9/15/80)
Rule 1104  Health Effects (Adopted 9/15/80)
Rule 1105  Public Awareness and Involvement (Adopted 9/15/80)

    Santa Barbara also submitted the following two (2) administrative 
rules:

Rule 504  Petitions for Variances: Contents (Adopted 10/23/78)
Rule 506  Emergency Variances (Adopted 10/23/78)

    The District may use any administrative procedures it has under 
State law to implement and enforce the requirements of part 55, such as 
a variance. However, as stated in the preamble to part 55, as onshore, 
a variance will not shield a source from enforcement action by EPA.

Permits

    Pursuant to Sec. 55.6:
    (1) SBCAPCD will require that the Applicant send a copy of any 
permit application required by 40 CFR 55.6 to the Administrator through 
the EPA Regional Office (Attn: A-5-1) at the same time as the 
application is submitted to SBCAPCD.
    (2) SBCAPCD shall send a copy of any public comment notice required 
under Secs. 55.6, 55.13 or 55.14 to the Administrator through the EPA 
Regional Office (Attn: A-5-1) and the Minerals Management Service.
    (3) SBCAPCD shall send a copy of any preliminary determination and 
any final permit action required under Secs. 55.6, 55.13, or 55.14 to 
the Administrator through the EPA Regional Office (Attn: A-5-1) at the 
time of the determination and shall make available to the Administrator 
any materials used in making the determination.
    (4) SBCAPCD shall provide written notice of any permit application 
from a source, the emissions from which may affect a Class I area, to 
the Federal Land Manager of that area.
    (5) The District shall request EPA guidance on any matter involving 
the interpretation of section 328 of the Act or the delegated sections 
of the Outer Continental Shelf Air Regulations or 40 CFR part 55 to the 
extent that implementation, review, administration or enforcement of 
these provisions has not been covered by EPA determinations or guidance 
sent or communicated to the District.
    (6) Pursuant to its authority under the Clean Air Act, EPA may 
review permits issued by the District under this agreement to ensure 
that the District's implementation of Rule 903 is consistent with the 
time frames and requirements of the federal regulations.

Exemptions

    Pursuant to Sec. 55.7:
    (1) SBCAPCD shall transmit to the Administrator (through the 
Regional Office), the Minerals Management Service, and the U.S. Coast 
Guard, a copy of any permit application that includes an exemption 
request, or the request for exemption if no permit is required, within 
5 days of its receipt.
    (2) SBCAPCD shall consult with the Minerals Management Service of 
the U.S. Department of the Interior and the U.S. Coast Guard to 
determine whether the exemption under Sec. 55.6(a)(2) will be granted 
or denied.
    (3) If SBCAPCD, the Minerals Management Service, and the U.S. Coast 
Guard do not reach a consensus decision within 90 days from the day the 
SBCAPCD received the exemption request, the request shall automatically 
be referred to the Administrator, who will process the referral in 
accordance with 40 CFR 55.7(f)(3). SBCAPCD shall transmit to the 
Administrator, within 91 days of its receipt, the exemption request and 
all materials submitted with the request, such as the permit 
application or the compliance plan, and any other information 
considered or developed during the consultation process.
    (4) SBCAPCD will process exemption requests submitted with an 
approval to construct or permit to operate application in accordance 
with the procedures outlined in 40 CFR part 55.

Monitoring, Reporting, Inspections, and Compliance

    SBCAPCD may use any authority it possesses under state law to 
require monitoring and reporting, and to conduct inspections. The 
Administrator or SBCAPCD shall consult with the Minerals Management 
Service and the U.S. Coast Guard prior to inspections. This shall in no 
way interfere with the ability of EPA or SBCAPCD to conduct unannounced 
inspections.

General Conditions

    (1) SBCAPCD shall implement and enforce the Federal requirements of 
40 CFR 55.13 as well as the applicable state and local requirements 
contained in 40 CFR 55.14.
    (2) The primary responsibility for enforcement of the OCS air 
regulations delegated to the District shall rest with the SBCAPCD. This 
responsibility includes the District's implementation and enforcement 
of all the rules and regulations in part 55 specifically stated and 
interpreted by the District as being applicable to OCS sources, such as 
SBCAPCD's Rule 331 prohibiting routine venting of pollutants.
    (3) Nothing in this agreement shall prohibit EPA from enforcing the 
OCS requirements of the Clean Air Act, the OCS air regulations, or the 
terms and conditions of any permit issued by the District pursuant to 
this agreement.
    (4) In the event that the District does not enforce a provision of 
this delegation with respect to a source subject to the OCS air 
regulations, the District shall immediately notify the EPA Region 9 
Regional Administrator. Failure to notify the Regional Administrator 
does not preclude EPA from exercising its enforcement authority.
    (5) EPA shall retain authority to implement and enforce all 
requirements for OCS sources located beyond 25 miles from California's 
seaward boundaries.
    (6) This delegation may be amended at any time by the formal 
written agreement of both the SBCAPCD and the U.S. EPA including 
amendments to add, change, or remove conditions or terms of this 
agreement.
    (7) If SBCAPCD adopts revisions to the District regulations 
reviewed by EPA and found to meet the requirements set forth at 40 CFR 
55.11 for delegation, the parties may amend the agreement pursuant to 
condition 6 above, or EPA may take steps to revoke the delegation in 
whole or in part pursuant to condition 8 below. Any amendments to 
regulations submitted by the District to meet the requirements of 40 
CFR 55.11 shall not be applied under this agreement until EPA has 
reviewed such amendments and determined that they are still adequate to 
implement and enforce the delegable portions of 40 CFR part 55.
    (8) This delegation, after consultation with the SBCAPCD, may be 
revoked in whole or in part, if the U.S. EPA determines that the 
SBCAPCD no longer meet the requirements for delegation set forth at 40 
CFR 55.11(b)(1-4). Any such revocation shall be effective as of the 
date specified in a Notice of Revocation to the SBCAPCD.
    (9) This delegation of authority becomes effective upon the date of 
the signature of both parties to this Agreement.
    (10) A notice of this delegated authority will be published in the 
Federal Register.

    Dated: October 29, 1993.
James M. Ryerson,
Santa Barbara County Air Pollution Control District.

    Dated: October 29, 1993.
William W. Master,
Santa Barbara County Air Pollution Control District.

    Dated: November 5, 1993.
Felicia Marcus,
U.S. Environmental Protection Agency.

    Dated: November 8, 1993.
David Howekamp,
U.S. Environmental Protection Agency.

II

U. S. EPA--San Luis Obispo County APCD Agreement for Delegation of 
Authority for Outer Continental Shelf Air Regulations (40 CFR Part 55)

    The undersigned, on behalf of the San Luis Obispo County Air 
Pollution Control District (``SLOCAPCD'' or ``the District'') and the 
United States Environmental Protection Agency (``EPA''), hereby agree 
to the delegation of authority from EPA to SLOCAPCD to implement and 
enforce the requirements of the Outer Continental Shelf Air Regulations 
(``OCS'') (40 CFR part 55) within 25 miles of the state's seaward 
boundary, pursuant to section 328(a)(3) of the Clean Air Act (``the 
Act''), subject to the terms and conditions below. EPA has reviewed 
SLOCAPCD's request for delegation and has found that SLOCAPCD's 
regulations meet the requirements for delegation set forth at 40 CFR 
55.11. This delegation includes authority for the following sections of 
the Outer Continental Shelf Air Regulations: 

------------------------------------------------------------------------
Section                                                                 
                                      Title                             
------------------------------------------------------------------------
55.1...  Statutory authority and scope.                                 
55.2...  Definitions.                                                   
55.3...  Applicability.                                                 
55.4...  Requirements to submit a notice of intent.                     
55.6...  Permit requirements.                                           
55.7...  Exemptions.                                                    
55.8...  Monitoring, reporting, inspections, and compliance.            
55.9...  Enforcement.                                                   
55.10..  Fees.                                                          
55.13..  Federal requirements that apply to OCS sources.                
55.14..  Requirements that apply to OCS sources located within 25 miles 
          of states' seaward boundaries by state.                       
------------------------------------------------------------------------

    EPA is not delegating the authority to implement and enforce 
Secs. 55.5 (Corresponding onshore area designation), 55.11 
(Delegation), and 55.12 (Consistency updates), as authority for these 
sections is reserved to the Administrator. In addition, SLOCAPCD does 
not have SIP-approved Prevention of Significant Deterioration (``PSD'') 
regulations, nor has it received delegation of authority from EPA for 
implementation and enforcement of the federal PSD program. Therefore, 
EPA shall retain authority for the PSD provisions of part C of the Act 
and the regulations promulgated thereunder at 40 CFR 52.21.
    Under section 328(a)(3) of the Act, EPA may delegate authority to 
implement and enforce the OCS air regulations to a state if that state 
is adjacent to an OCS source and the Administrator determines that the 
state's regulations are adequate. The State of California is adjacent 
to a number of OCS sources. For the OCS sources for which the San Luis 
Obispo County has been designated the corresponding onshore area (COA), 
the State has submitted SLOCAPCD's regulations to EPA and requested 
that EPA delegate to SLOCAPCD authority to implement and enforce the 
OCS air regulations. SLOCAPCD's regulations have been reviewed by EPA 
and determined to be adequate for implementing and enforcing the 
delegable sections of 40 CFR part 55.
    The OCS air regulations set forth the following criteria for 
delegation at 40 CFR 55.11:
    (1) The state has adopted the appropriate portions of 40 CFR part 
55 into state law--SLOCAPCD adopted Rule 215, Outer Continental Shelf 
Air Regulations, on November 17, 1992. This rule incorporates the 
provisions of 40 CFR part 55 that EPA is delegating to the District. 
(NOTE: Section 55.5, corresponding onshore area designations, was 
adopted by SLOCAPCD but EPA will not delegate authority for this 
section, as provided by Sec. 55.11(a)).
    (2) The state has adequate authority under state law to implement 
and enforce the requirements of part 55--According to a letter dated 
January 25, 1993 and forwarded to EPA from the State Attorney General, 
SLOCAPCD has the authority to implement and enforce the requirements of 
part 55.
    (3) The state has adequate resources to implement and enforce the 
requirements of part 55--SLOCAPCD has submitted information documenting 
that the District has adequate resources to implement and enforce the 
requirements of part 55.
    (4) The state has adequate administrative procedures to implement 
and enforce the requirements of this part, including public notice and 
comment procedures--SLOCAPCD's administrative procedures have been 
reviewed by EPA and found to be adequate. The following rules were 
submitted by SLOCAPCD for review to meet this requirement:

Rule 110  Enforcement (Adopted 8/2/76)
Rule 111  Arrests and Notices to Appear (Adopted 8/2/76)
Rule 112  Public Availability of Information (Adopted 12/6/76)
Rule 202  Permits (Adopted 11/5/91) (except A.4 and A.8)
Rule 204  New Source Review Requirements B.3. (Adopted 8/10/93)
Rule 205  Action on Applications (Adopted 11/5/91)
Rule 206  Conditional Approval (Adopted 11/5/91)
Rule 210  Periodic Inspection (Adopted 11/5/91)
Rule 211  Emission Banking (Adopted 8/10/93)
Rule 212  Community Bank (Adopted 8/10/93)
Rule 213  Calculations (Sec. F.) (Adopted 8/10/93)
Rule 214  Notification (Adopted 8/10/93)
Rule 302  Schedule of Fees (Adopted 9/15/92)

    The District may use any administrative procedures it has under 
State law to implement and enforce the requirements of part 55, such as 
a variance. However, as stated in the preamble to part 55, as onshore, 
a variance will not shield a source from enforcement action by EPA.

Permits

    Pursuant to Sec. 55.6:
    (1) SLOCAPCD will require that the Applicant send a copy of any 
permit application required by 40 CFR 55.6 to the Administrator through 
the EPA Regional Office (Attn: A-5-1) at the same time as the 
application is submitted to SLOCAPCD.
    (2) SLOCAPCD shall send a copy of any public comment notice 
required under Secs. 55.6, 55.13 or 55.14 to the Administrator through 
the EPA Regional Office (Attn: A-5-1) and the Minerals Management 
Service.
    (3) SLOCAPCD shall send a copy of any preliminary determination and 
any final permit action required under Secs. 55.6, 55.13, or 55.14 to 
the Administrator through the EPA Regional Office (Attn: A-5-1) at the 
time of the determination and shall make available to the Administrator 
any materials used in making the determination.
    (4) SLOCAPCD shall provide written notice of any permit application 
from a source, the emissions from which may affect a Class I area, to 
the Federal Land Manager of that area.
    (5) The District shall request EPA guidance on any matter involving 
the interpretation of section 328 of the Act, the delegated sections of 
the OCS regulations or any other provision of 40 CFR part 55 to the 
extent that implementation, review, administration or enforcement of 
these provisions has not been covered by determinations or guidance 
sent to the District.
    (6) Pursuant to its authority under the Clean Air Act, EPA may 
review permits issued by the District under this agreement to ensure 
that the District's implementation of Rule 215 is consistent with the 
time frames and requirements of the federal regulations (40 CFR part 
55).

Exemptions

    Pursuant to Sec. 55.7:
    (1) SLOCAPCD shall transmit to the Administrator (through the 
Regional Office), the Minerals Management Service, and the U. S. Coast 
Guard, a copy of the permit application that includes an exemption 
request, or the request for exemption if no permit is required, within 
5 days of its receipt.
    (2) SLOCAPCD shall consult with the Minerals Management Service of 
the U.S. Department of the Interior and the U.S. Coast Guard to 
determine whether the exemption will be granted or denied.
    (3) If SLOCAPCD, the Minerals Management Service, and the U.S. 
Coast Guard do not reach a consensus decision within 90 days from the 
day the SLOCAPCD received the exemption request, the request shall 
automatically be referred to the Administrator, who will process the 
referral in accordance with 40 CFR 55.7(f)(3). SLOCAPCD shall transmit 
to the Administrator, within 91 days of its receipt, the exemption 
request and all materials submitted with the request, such as the 
permit application or the compliance plan, and any other information 
considered or developed during the consultation process.
    (4) SLOCAPCD will process exemption requests submitted with an 
approval to construct or permit to operate application in accordance 
with the procedures outlined in 40 CFR part 55.

Monitoring, Reporting, Inspections, and Compliance

    SLOCAPCD may use any authority it possesses under state law to 
require monitoring and reporting, and to conduct inspections. The 
Administrator or SLOCAPCD shall consult with the Minerals Management 
Service and the U.S. Coast Guard prior to inspections. This shall in no 
way interfere with the ability of EPA or SLOCAPCD to conduct 
unannounced inspections.

General Conditions

    (1) SLOCAPCD shall implement and enforce the Federal requirements 
of 40 CFR 55.13 as well as the applicable state and local requirements 
contained in 40 CFR 55.14. Notwithstanding the above, EPA retains 
authority for implementation and enforcement of the PSD requirements of 
part C of the Act and 40 CFR 52.21.
    (2) The primary responsibility for enforcement of the OCS air 
regulations delegated to the District shall rest with the SLOCAPCD. 
Nothing in this agreement shall prohibit EPA from enforcing the OCS 
requirements of the Clean Air Act, the OCS regulations, or the terms 
and conditions of any permit issued by the District pursuant to this 
agreement.
    (3) In the event that the District is unwilling or unable to 
enforce a provision of this delegation with respect to a source subject 
to the OCS air regulations, the District will immediately notify the 
EPA Region 9 Regional Administrator. Failure to notify the Regional 
Administrator does not preclude EPA from exercising its enforcement 
authority.
    (4) EPA shall retain authority to implement and enforce all 
requirements for OCS sources located beyond 25 miles from the state's 
seaward boundaries.
    (5) This delegation may be amended at any time by the formal 
written agreement of both the SLOCAPCD and the U.S. EPA including 
amendments to add, change, or remove conditions or terms of this 
agreement.
    (6) If SLOCAPCD adopts revisions to the District regulations 
reviewed by EPA and found to meet the requirements set forth at 40 CFR 
55.11 for delegation, the parties may amend the agreement pursuant to 
condition 5 above, or EPA may take steps to revoke the delegation in 
whole or in part pursuant to condition 7 below. Any amendments to 
regulations submitted by the District to meet the requirements of 40 
CFR 55.11 shall not be applied under this agreement until EPA has 
reviewed such amendments and determined that they are still adequate to 
implement and enforce the delegable portions of 40 CFR part 55.
    (7) This delegation, after consultation with the SLOCAPCD, may be 
revoked in whole or in part if the U.S. EPA determines that the 
SLOCAPCD no longer meets the requirements for delegation set forth at 
40 CFR 55.11(b)(1-4). Any such revocation shall be effective as of the 
date specified in a Notice of Revocation to the SLOCAPCD.
    (8) This delegation of authority becomes effective upon the date of 
the signature of both parties to this Agreement.
    (9) A notice of this delegated authority will be published in the 
Federal Register.

    Dated: January 12, 1994

David P. Howekamp,

Director, Air and Toxics Division, Region 9.

    Dated: January 18, 1994.

John Wise,

Acting Regional Administrator, Region 9.

County of San Luis Obispo.

Harry L. Ovitt,

Chairman of the Board of Supervisors.

    Attest:
F.M. Cooney,

Clerk of the Board of Supervisors.

    Approved as to Form and Legal Effect:
James B. Lindhold, Jr.
County Counsel
R. Biering
Deputy County Counsel.

    Dated: November 18, 1993.

III

U.S. EPA--Ventura County APCD Agreement for Delegation of Authority for 
Outer Continental Shelf Air Regulations (40 CFR Part 55)

    The undersigned, on behalf of the Ventura County Air Pollution 
Control District (``VCAPCD'' or ``the District'') and the United States 
Environmental Protection Agency (``EPA''), hereby agree to the 
delegation of authority from EPA to VCAPCD to implement and enforce the 
requirements of the Outer Continental Shelf Air Regulations (``OCS'') 
(40 CFR part 55) within 25 miles of the state's seaward boundary, 
pursuant to section 328(a)(3) of the Clean Air Act (``the Act''), 
subject to the terms and conditions below. EPA has reviewed VCAPCD's 
request for delegation and has found that VCAPCD's regulations meet the 
requirements for delegation set forth at 40 CFR 55.11.
    This delegation includes authority for the following sections of 
the Outer Continental Shelf Air Regulations: 

------------------------------------------------------------------------
Section                                                                 
                                      Title                             
------------------------------------------------------------------------
55.1...  Statutory authority and scope                                  
55.2...  Definitions                                                    
55.3...  Applicability                                                  
55.4...  Requirements to submit a notice of intent                      
55.6...  Permit requirements                                            
55.7...  Exemptions                                                     
55.8...  Monitoring, reporting, inspections, and compliance             
55.9...  Enforcement                                                    
55.10..  Fees                                                           
55.13..  Federal requirements that apply to OCS sources                 
55.14..  Requirements that apply to OCS sources located within 25 miles 
          of states' seaward boundaries by state.                       
------------------------------------------------------------------------

    EPA is not delegating the authority to implement and enforce 
Secs. 55.5 (Corresponding onshore area designation), 55.11 
(Delegation), and 55.12 (Consistency updates), as authority for these 
sections is reserved to the Administrator. In addition, VCAPCD does not 
have SIP-approved PSD regulations, nor has it received delegation of 
authority from EPA for implementation and enforcement of the federal 
PSD program. Therefore, EPA shall retain authority for the PSD 
provisions of part C of the Act and the regulations promulgated 
thereunder at 40 CFR 52.21.
    Under section 328(a)(3) of the Act, EPA may delegate authority to 
implement and enforce the OCS air regulations to a state if that state 
is adjacent to an OCS source and the Administrator determines that the 
state's regulations are adequate. The State of California is adjacent 
to a number of OCS sources. For the OCS sources for which the Ventura 
County APCD has been designated the corresponding onshore area (COA), 
the State has submitted VCAPCD's regulations to EPA and requested that 
EPA delegate authority to VCAPCD to implement and enforce the OCS air 
regulations. VCAPCD's regulations have been reviewed by EPA and 
determined to be adequate for implementing and enforcing the delegable 
sections of 40 CFR part 55.
    The OCS regulations set forth the following criteria for delegation 
at 40 CFR 55.11:
    (1) The state has adopted the appropriate portions of 40 CFR part 
55 into state law--VCAPCD adopted Rule 72.1, Outer Continental Shelf 
Air Regulations, on December 22, 1992. This rule incorporates the 
provisions of 40 CFR Part 55 that EPA is delegating to the District. 
(NOTE: Section 55.5, corresponding onshore area designations, was 
adopted by VCAPCD but EPA will not delegate authority for this section, 
as provided by Sec. 55.11(a)).
    (2) The state has adequate authority under state law to implement 
and enforce the requirements of part 55--According to the State 
Attorney General's January 12, 1993 letter which was forwarded to EPA, 
VCAPCD has the authority to implement and enforce the requirements of 
part 55.
    (3) The state has adequate resources to implement and enforce the 
requirements of part 55--VCAPCD has submitted information documenting 
that the District has adequate resources to implement and enforce the 
requirements of part 55.
    (4) The state has adequate administrative procedures to implement 
and enforce the requirements of part 55, including public notice and 
comment procedures--VCAPCD's administrative procedures have been 
reviewed by EPA and found to be adequate. The following rules were 
submitted by VCAPCD for review to meet this requirement:

Rule 8  Access to Facilities (Adopted 5/23/72, renumbered 11/21/78)
Rule 9  Arrest Authority (Adopted 11/21/78)
Rule 17  Disclosure of Air Toxics (Adopted 4/17/90)
Rule 25*  Action on Applications (Adopted 1/10/84)
Rule 26.7  New Source Review (Adopted 12/22/92)
Rule 29  Conditions on Permits (Adopted 10/22/91)
Rule 31  Public Disclosure of Data (Adopted 11/22/77)
Regulation  VIII Emergency Action (Adopted 11/22/77)
*District Rule 25 contains procedures for processing permit 
applications. When an exemption request is submitted, section 
55.6(a)(2) will supersede Rule 25.

    EPA maintains that the District may use any administrative 
Procedures it has under State law to implement and enforce the 
requirements of part 55, such as a variance. However, as stated in the 
preamble to part 55, as onshore, a variance will not shield a source 
from enforcement action by EPA.

Permits

    Pursuant to Sec. 55.6:
    (1) VCAPCD will require that the Applicant send a copy of any 
permit application required by 40 CFR 55.6 to the Administrator through 
the EPA Regional Office (Attn: A-5-1) at the same time as the 
application is submitted to VCAPCD.
    (2) VCAPCD shall send a copy of any public comment notice required 
under Secs. 55.6, 55.13 or 55.14 to the Administrator through the EPA 
Regional Office (Attn: A-5-1) and the Minerals Management Service.
    (3) VCAPCD shall send a copy of any preliminary determination and 
any final permit action required under Secs. 55.6, 55.13 or 55.14 to 
the Administrator through the EPA Regional Office (Attn: A-5-1) at the 
time of the determination and shall make available to the Administrator 
any materials used in making the determination.
    (4) VCAPCD shall provide written notice of any permit application 
from a source, the emissions from which may affect a Class I area, to 
the Federal Land Manager of that area.
    (5) The District will request EPA guidance on any matter involving 
the interpretation of section 328 of the Act, the delegated sections of 
the OCS air regulations or any other provision of 40 CFR part 55 to the 
extent that implementation, review, administration or enforcement of 
these provisions has not been covered by determinations or guidance 
sent to the District.
    (6) Pursuant to its authority under the Clean Air Act, EPA may 
review permits issued by the District under this agreement to ensure 
that the District's implementation of Rule 72.1 is consistent with the 
time frames and requirements of the federal regulations.

Exemptions

    Pursuant to Sec. 55.7:
    (1) VCAPCD shall transmit to the Administrator (through the 
Regional Office), the Minerals Management Service, and the U.S. Coast 
Guard, a copy of the permit application, or the request for exemption 
if no permit is required, within 5 days of its receipt.
    (2) VCAPCD shall consult with the Minerals Management Service of 
the U.S. Department of the Interior and the U.S. Coast Guard to 
determine whether the exemption will be granted or denied.
    (3) If VCAPCD, the Minerals Management Service, and the U.S. Coast 
Guard do not reach a consensus decision within 90 days from the day the 
VCAPCD received the exemption request, the request shall automatically 
be referred to the Administrator, who will process the referral in 
accordance with 40 CFR 55.7(f)(3). VCAPCD shall transmit to the 
Administrator, within 91 days of its receipt, the exemption request and 
all materials submitted with the request, such as the permit 
application or the compliance plan, and any other information 
considered or developed during the consultation process.
    (4) VCAPCD will process exemption requests submitted with an 
approval to construct or permit to operate application in accordance 
with the procedures outlined in 40 CFR 55.6(a)(2), which supersedes 
District Rule 25.

Monitoring, Reporting, Inspections, and Compliance

    VCAPCD may use any authority it possesses under state law to 
require monitoring and reporting, and to conduct inspections. The 
Administrator or VCAPCD shall consult with the Minerals Management 
Service and the U.S. Coast Guard prior to inspections. This shall in no 
way interfere with the ability of EPA or VCAPCD to conduct unannounced 
inspections.

General Conditions

    (1) VCAPCD agrees to implement and enforce the Federal requirements 
of 40 CFR 55.13 as well as the applicable state and local requirements 
contained in 40 CFR 55.14. Notwithstanding the above, EPA retains 
authority for implementation and enforcement of the PSD requirements of 
part C of the Act and 40 CFR 52.21.
    (2) The primary responsibility for enforcement of the OCS air 
regulations delegated to the District will rest with the VCAPCD. 
Nothing in this agreement shall prohibit EPA from regulations, or the 
terms and conditions of any permit issued by the District pursuant to 
this agreement.
    (3) In the event that the District is unwilling or unable to 
enforce a provision of this delegation with respect to a source subject 
to the OCS air regulations, the District will immediately notify the 
EPA Region 9 Regional Administrator. Failure to notify the Regional 
Administrator does not preclude EPA from exercising its enforcement 
authority.
    (4) EPA shall retain authority to implement and enforce all 
requirements for OCS sources located beyond 25 miles from states' 
seaward boundaries.
    (5) This delegation may be amended at any time by the formal 
written agreement of both the VCAPCD and the U.S. EPA including 
amendments to add, change, or remove conditions or terms of this 
agreement.
    (6) If VCAPCD adopts revisions to the District regulations reviewed 
by EPA and found to meet the requirements set forth at 40 CFR 55.11 for 
delegation, the parties may amend the agreement pursuant to condition 5 
above, or EPA may take steps to revoke the delegation in whole or in 
part pursuant to condition 7 below. Any amendments to regulations 
submitted by the District to meet the requirements of 40 CFR 55.11 
shall not be applied under this agreement until EPA has reviewed such 
amendments and determined that they are still adequate to implement and 
enforce the delegable portions of 40 CFR part 55.
    (7) If the U.S. EPA determines that: (a) The requirements of the 
OCS air regulations are not being adequately implemented or enforced by 
VCAPCD; or (b) VCAPCD no longer has adequate regulations as required by 
40 CFR 55.11(b) in accordance with the terms and conditions of this 
delegation, the requirements of 40 CFR part 55, or the Clean Air Act, 
this delegation, after consultation with the VCAPCD, may be revoked in 
whole or in part. Any such revocation shall be effective as of the date 
specified in a Notice of Revocation to the VCAPCD.
    (8) This delegation of authority becomes effective upon the date of 
the signature of both parties to this Agreement.
    (9) A notice of this delegated authority will be published in the 
Federal Register.

    Dated: January 18, 1994.
Vicky Howard,
Ventura County Air Pollution Control District.

    Dated: January 27, 1994.
John Wise,
Acting Regional Administrator, Region 9.

EPA Action

    The EPA hereby notifies the public that it has delegated the 
authority to implement and enforce the requirements of the OCS air 
regulations (40 CFR part 55) promulgated by EPA on September 4, 1992 to 
the above-referenced local agencies.
    The Office of Management and Budget has exempted this rulemaking 
from the requirements of section 6 of Executive Order 12866.
    This notice is issued under the authority of section 328 of the 
Clean Air Act, 42 U.S.C. 7627.

    Dated: February 26, 1994.
Felicia Marcus,
Regional Administrator.
[FR Doc. 94-5869 Filed 3-11-94; 8:45 am]
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