[Federal Register Volume 60, Number 175 (Monday, September 11, 1995)]
[Proposed Rules]
[Pages 47140-47141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22087]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55

[FRI-5292-4]


Outer Continental Shelf Air Regulations Consistency Update for 
California

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

ACTION: Notice of proposed rulemaking--consistency update.

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SUMMARY: EPA is proposing to update a portion of the Outer Continental 
Shelf (``OCS'') Air Regulations. Requirements applying to OCS sources 
located within 25 miles of states' seaward boundaries must be updated 
periodically to remain consistent with the requirements of the 
corresponding onshore area (``COA''), as mandated by section 328(a)(1) 
of the Clean Air Act (``the Act''), the Clean Air Act Amendments of 
1990. The portion of the OCS air regulations being updated pertain to 
the operating permit requirements for OCS sources for which the Santa 
Barbara County Air Pollution Control District (Santa Barbara County 
APCD) is the designated COA. The OCS requirements for the above 
District, contained in the Technical Support Document, are proposed to 
be incorporated by reference into the Code of Federal Regulations and 
are listed in the appendix to the OCS air regulations.

DATES: Comments on the proposed update must be received on or before 
October 11, 1995.

ADDRESSES: Comments must be mailed (in duplicate if possible) to: EPA 
Air Docket (A-5), Attn: Docket No. A-93-16 Section X, 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 X). 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 X, 
Environmental Protection Agency, Air and Toxics Division, Region 9, 75 
Hawthorne St., San Francisco, CA 94105.
    EPA Air Docket (LE-6102), Attn: Air Docket No. A-93-16 Section X, 
Environmental Protection Agency, 401 M Street SW, Room M-1500, 
Washington, DC 20460.
    A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Air and Toxics 
Division (A-5-3), U.S. EPA Region 9, 75 Hawthorne Street, San 
Francisco, CA 94105, (415) 744-1197.

SUPPLEMENTARY INFORMATION:

Background

    On September 4, 1992, EPA promulgated 40 CFR Part 55,1 which 
established requirements to control air pollution from OCS sources in 
order to attain and maintain federal and state ambient air quality 
standards and to comply with the provisions of Part C of title I of the 
Act. Part 55 applies to all OCS sources offshore of the States except 
those located in the Gulf of Mexico west of 87.5 degrees longitude. 
Section 328 of the Act requires that for such sources located within 25 
miles of a state's seaward boundary, the requirements shall be the same 
as would be applicable if the sources were located in the COA. Because 
the OCS requirements are based on onshore requirements, and onshore 
requirements may change, section 328(a)(1) requires that EPA update the 
OCS requirements as necessary to maintain consistency with onshore 
requirements.

    \1\The reader may refer to the Notice of Proposed Rulemaking, 
December 5, 1991 (56 FR 63774), and the preamble to the final rule 
promulgated September 4, 1992 (57 FR 40792) for further background 
and information on the OCS regulations.
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    Pursuant to Sec. 55.12 of the OCS rule, consistency reviews will 
occur (1) at least annually; (2) upon receipt of a Notice of Intent 
(NOI) under Sec. 55.4; or (3) when a state or local agency submits a 
rule to EPA to be considered for incorporation by reference in Part 55. 
This NPR is being promulgated in response to the submittal of Part 70 
operating permit rules by a local air pollution control agency.
    Section 328(a) of the Act requires that EPA establish requirements 
to control air pollution from OCS sources located within 25 miles of 
states' seaward boundaries that are the same as onshore requirements. 
To comply with this statutory mandate, EPA must incorporate applicable 
onshore rules into Part 55 as they exist onshore. This limits EPA's 
flexibility in deciding which requirements will be incorporated into 
Part 55 and prevents EPA from making substantive changes to the 
requirements it incorporates. As a result, EPA may be incorporating 
rules into Part 55 that do not conform to all of EPA's state 
implementation plan (SIP) guidance or certain requirements of the Act. 
Consistency updates may result in the inclusion of state or local rules 
or regulations into Part 55, even though the same rules may ultimately 
be disapproved for inclusion as part of the SIP. Inclusion in the OCS 
rule does not imply that a rule meets the requirements of the Act for 
SIP approval, nor does it imply that the rule will be approved by EPA 
for inclusion in the SIP.

EPA Evaluation and Proposed Action

    On July 10, 1995 (60 FR 35538), EPA proposed interim approval of 
the Operating Permits Program submitted by the Santa Barbara County 
APCD. EPA is now proposing to update 40 CFR Part 55 by incorporating 
the requirements of this program, in response to Santa Barbara County 
APCD's request and to maintain consistency with onshore requirements. 
These proposed requirements will apply to the extent that they are 
rationally related to the attainment or maintenance of federal or state 
ambient air quality standards or Part C of title I of the Act, that 
they are not designed expressly to prevent exploration and development 
of the OCS, that they are applicable to OCS sources, and that they do 
not solely regulate pollutants or precursors to pollutants for which 
there is no federal or state ambient air quality standard. These 
proposed Santa Barbara County APCD operating permit requirements 
applicable to OCS sources will not be finalized in Part 55 until EPA 
takes final action granting full or interim approval to the Santa 
Barbara County APCD Operating Permits Program.
    The following Santa Barbara County APCD Part 70 permit requirement 
were submitted for inclusion in Part 55:

Rule 370  Potential to Emit--Limitations for Part 70 Sources 
(Adopted 06/15/95)
Rule 1301  Part 70 Operating Permits--General Information (Adopted 
11/09/93)
Rule 1302  Part 70 Operating Permits--Permit Application (Adopted 
11/09/93) 

[[Page 47141]]

Rule 1303  Part 70 Operating Permits--Permits (Adopted 11/09/93)
Rule 1304  Part 70 Operating Permits--Issuance, Renewal, 
Modification and Reopening (Adopted 11/09/93)
Rule 1305  Part 70 Operating Permits--Enforcement (Adopted 11/09/93)

Administrative Requirements

A. Regulatory Flexibility Act

    As was stated in the final OCS regulation, the OCS rule does not 
apply to any small entities, and the structure of the rule averts 
direct impacts and mitigates indirect impacts on small entities. This 
consistency update merely incorporates onshore Part 70 permit 
requirements into the OCS rule to maintain consistency with onshore 
regulations as required by section 328 of the Act and does not alter 
the structure of the OCS rule. Because this action does not create any 
new requirements, it does not have a significant impact on a 
substantial number of small entities.

B. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866 review.

C. Unfunded Mandates

    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules include a Federal mandate that may result in estimated 
costs of $100 million or more to the private sector or to State, local, 
or tribal governments in the aggregate.
    EPA has determined that the final action promulgated today does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
Federal requirements. Accordingly, no additional costs to the State, 
local, or tribal governments, or to the private sector, result from the 
action.

List of Subjects in 40 CFR Part 55

    Administrative practice and procedures, Air pollution control, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Nitrogen dioxide, Nitrogen oxides, Outer Continental Shelf, Ozone, 
Particulate matter, Permits, Reporting and Recordkeeping requirements, 
Sulfur oxides.

    Dated: August 25, 1995.
Felicia Marcus,
Regional Administrator.

    Title 40 of the Code of Federal Regulations, Part 55, is proposed 
to be amended as follows:

PART 55--[AMENDED]

    1. The authority citation for Part 55 continues to read as follows:

    Authority: Section 328 of the Clean Air Act (42 U.S.C. Sec. 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)(F) 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) * * *
    (F) Santa Barbara County Air Pollution Control District 
Requirements Applicable to OCS Sources.
* * * * *
    4. Appendix A to CFR Part 55 is proposed to be amended by revising 
paragraph (b) (6) under the heading California to read as follows:

Appendix A to 40 CFR Part 55--Listing of State and Local Requirements 
Incorporated by Reference Into Part 55, by State

* * * * *
    (California) * * *
* * * * *
    (b) Local requirements.
* * * * *
    (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 316  Storage and Transfer of Gasoline (Adopted 12/14/93)
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  Crude Oil Production and Separation (Adopted 1/25/94)
Rule 326  Storage of Reactive Organic Liquid Compounds (Adopted 12/
14/93)
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 (Adopted 12/10/91)
Rule 342  Control of Oxides of Nitrogen (NOx from Boilers, 
Steam Generators and Process Heaters) (Adopted 03/10/92)
Rule 359  Flares and Thermal Oxidizers (Adopted 6/28/94)
Rule 370  Potential to Emit--Limitations for Part 70 Sources 
(Adopted 06/15/95)
Rule 505  Breakdown Conditions Sections A.,B.1,. and D. only 
(Adopted 10/23/78)
Rule 603  Emergency Episode Plans (Adopted 6/15/81)
Rule 1301  Part 70 Operating Permits--General Information (Adopted 
11/09/93)
Rule 1302  Part 70 Operating Permits--Permit Application (Adopted 
11/09/93)
Rule 1303  Part 70 Operating Permits--Permits (Adopted 11/09/93)
Rule 1304  Part 70 Operating Permits--Issuance, Renewal, 
Modification and Reopening (Adopted 11/09/93)
Rule 1305  Part 70 Operating Permits--Enforcement (Adopted 11/09/93)

[FR Doc. 95-22087 Filed 9-8-95; 8:45 am]
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