[Federal Register Volume 62, Number 83 (Wednesday, April 30, 1997)]
[Proposed Rules]
[Pages 23422-23426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11161]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[FRL-5819-6]


Outer Continental Shelf Consistency Update for Florida

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking, consistency update.

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SUMMARY: EPA is proposing to update a portion of the Outer Continental 
Shelf

[[Page 23423]]

(``OCS'') Air Regulations. Requirements applying to OCS sources located 
within 25 miles of states' seaward boundaries must be updated 
periodically to remain consistent with the requirements of the 
corresponding onshore area (``COA''), as mandated by section 328(a)(1) 
of the Clean Air Act (``the Act''), the Clean Air Act Amendments of 
1990, the applicable requirements for certain areas for Air Pollution 
from OCS Activities. The portion of the OCS air regulation that is 
being updated pertains to the requirements for OCS sources for which 
the State of Florida will be the designated COA. This action proposes 
to incorporate the requirements contained in ``State of Florida 
Requirements Applicable to OCS Sources'' (February 7, 1997). Proposed 
changes to the existing requirements are in SUPPLEMENTARY INFORMATION.

DATES: Comments on the proposed update must be received on or before 
May 30, 1997.

ADDRESSES: Comments must be mailed (in duplicate if possible) to EPA 
Air Docket, Attn: Docket No. A-93-31, Part III, U.S. Environmental 
Protection Agency, Region 4, Air, Pesticides, and Toxics Management 
Division, 61 Forsyth Street, SW, Atlanta, GA 30303. (Attn: R. Scott 
Davis).
    Docket: Supporting information used in developing the proposed 
notice and copies of the documents EPA is proposing to incorporate by 
reference are contained in Docket No. A-93-31, Part III. This docket is 
available for public inspection and copying Monday through Friday 
during regular business hours at the following locations:
    EPA Air Docket, Attn: Docket No. A-93-31, Part III, Environmental 
Protection Agency, 401 M Street, S.W., Washington D.C. 20460, Room M-
1500.
    EPA Air Docket, Attn: Docket No. A-93-31, Part III, Environmental 
Protection Agency, Region 4 Library, 61 Forsyth Street, SW, Atlanta, GA 
30303.

FOR FURTHER INFORMATION CONTACT: R. Scott Davis, Air, Pesticides, and 
Toxics Management Division, U.S. EPA Region 4, 61 Forsyth Street, SW, 
Atlanta, GA 30303. Telephone (404) 562-9127.

SUPPLEMENTARY INFORMATION: On September 4, 1992, EPA promulgated 40 CFR 
part 55,1 which established requirements to control air 
pollution from OCS sources in order to comply with federal and state 
ambient air quality standards and the provisions of part C of title I 
of the Act. Part 55 applies to all OCS sources offshore of the states, 
except those located in the Gulf of Mexico west of 87.5 degrees 
longitude, approximately west of the Florida/Alabama state border. 
Section 328 of the Act requires that for such sources located within 25 
miles of a state's seaward boundary, the requirements shall be the same 
as would be applicable if the sources were located in the COA. Because 
the OCS requirements are based on onshore requirements, and onshore 
requirements may change, section 328(a)(1) requires that EPA update the 
OCS requirements as necessary to maintain consistency with onshore 
requirements.
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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 40 CFR 55.12 of the OCS rule, consistency reviews will 
occur (1) at least annually; (2) upon receipt of a Notice of Intent 
(NOI) under 40 CFR 55.4 of the OCS rule; and (3) when a state or local 
agency submits a rule to EPA to be considered for incorporation by 
reference in part 55. This Notice of Proposed Rulemaking is being 
proposed in response to the receipt of a NOI, submitted by Mobil 
Exploration & Producing U.S., Inc., on January 22, 1997, and represents 
the third update of part 55 for the State of Florida. The NOI includes 
general company information, a description of the proposed facility, 
estimated potential air emissions, emissions points, fuels, air 
pollution controls, and any proposed operating limitations. Public 
comments received in writing within 30 days of publication of this 
document 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 rules for 
inclusion in part 55 to ensure that they comply with the attainment or 
maintenance of federal or state ambient air quality standards or part C 
of title I of the Act, that they are not designed expressly to prevent 
exploration and development of the OCS and that they are applicable to 
OCS sources (40 CFR 55.1). EPA has also evaluated the rules to ensure 
they are not arbitrary or capricious (40 CFR section 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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    In today's document EPA proposes to incorporate the rules 
applicable to sources for which the State of Florida will be the COA. 
These rules include revisions to existing rules that already apply to 
OCS sources, the recodification and renumbering of existing Florida air 
regulations, and the adoption of amendments to other existing air 
regulations:
    Florida Administrative Code-Department of Environmental Protection. 
The following sections of Chapter 62:
204.100  Purpose and Scope (Adopted 3/13/96)
204.200  Definitions (Adopted 3/13/96)
204.220  Ambient Air Quality Protection (Adopted 3/13/96)
204.240  Ambient Air Quality Standards (Adopted 3/13/96)
204.260  Prevention of Significant Deterioration Increments (Adopted 3/
13/96)
204.800  Federal Regulations Adopted by Reference (Adopted 10/17/96)
210.100  Purpose and Scope (Adopted 11/23/94)
210.200  Definitions (Adopted 10/15/96)
210.220  Small Business Assistance Program (Adopted 10/15/96)
210.300  Permits Required (Adopted 10/7/96)
210.360  Administrative Permit Corrections (Adopted 11/23/94)
210.370  Reports (Adopted 3/21/96)
210.550  Stack Height Policy (Adopted 11/23/94)
210.600  Enhanced Monitoring (Adopted 11/23/94)
210.650  Circumvention (Adopted 9/25/92)

[[Page 23424]]

210.700  Excess Emissions (Adopted 11/23/94)
210.900  Forms and Instructions (Adopted 3/21/96)
210.920  Notification Form for Air General Permits (Adopted 8/15/96)
212.100  Purpose and Scope (Adopted 3/13/96)
212.300  General Preconstruction Review Requirements (Adopted 1/1/96)
212.400  Prevention of Significant Deterioration (PSD) (Adopted 3/13/
96)
212.500  Preconstruction Review for Nonattainment Areas (Adopted 3/13/
96)
212.600  Category-Specific Preconstruction: Sulfur Storage and Handling 
Facilities (Adopted 3/13/96)
213.100  Purpose and Scope (Adopted 3/13/96)
213.205  Annual Operation Licensing Fee (Adopted 6/25/96)
213.300  Title V Air General Permits (Adopted 10/7/96)
213.400  Permits and Permit Revisions Required (Adopted 3/13/96)
213.410  Changes Without Permit Revision (Adopted 11/23/94)
213.412  Immediate Implementation Pending Revision Process (Adopted 3/
13/96)
213.415  Trading of Emissions Within a Source (Adopted 3/13/96)
213.420  Permit Applications (Adopted 10/7/96)
213.430  Permit Issuance, Renewal, and Revision (Adopted 3/20/96)
213.440  Permit Content (Adopted 3/20/96)
213.460  Permit Shield (Adopted 11/23/94)
213.900  Forms and Instructions (Adopted 6/25/96)
256.100  Declaration and Intent (Adopted 11/30/94)
256.200  Definitions (Adopted 11/30/94)
256.300  Prohibitions (Adopted 11/30/94)
256.600  Industrial, Commercial, Municipal and Research Open Burning 
(Adopted 8/26/87)
256.700  Open Burning Allowed (Adopted 11/30/94)
273.200  Definitions (Adopted 9/25/92)
273.300  Air Pollution Episodes (Adopted 9/25/92)
273.400  Air Alert (Adopted 9/25/92)
273.500  Air Warning (Adopted 9/25/92)
273.600  Air Emergency (Adopted 9/25/92)
296.100  Purpose and Scope (Adopted 3/13/96)
296.320  General Pollutant Emission Limiting Standards, except (2) 
(Adopted 3/13/96)
296.500  Reasonably Available Control Technology (RACT)--Volatile 
Organic Compounds (VOC) and Nitrogen Oxides (NOx) Emitting 
Facilities (Adopted 1/1/96)
296.570  Reasonably Available Control Technology (RACT)--Requirements 
for Major VOC- and NOX-Emitting Facilities (Adopted 1/1/96)
296.600  Reasonably Available Control Technology (RACT)--Lead (Adopted 
3/13/96)
296.601  Lead Processing Operations in General (Adopted 1/1/96)
296.700  Reasonably Available Control Technology (RACT)--Particulate 
Matter, except (2)(f) (Adopted 1/1/96)
297.100  Purpose and Scope (Adopted 3/13/96)
297.310  General Test Requirements (Adopted 3/13/96)
297.401  EPA Test Procedures (Adopted 10/7/96)
297.440  Supplementary Test Procedures (Adopted 1/1/96)
297.450  EPA VOC Capture Efficiency Test Procedures (Adopted 1/1/96)
297.520  EPA Continuous Monitor Performance Specifications (Adopted 3/
13/96)
297.620  Exceptions and Approval of Alternate Procedures and 
Requirements (Adopted 11/23/94)

    The following rules are proposed to be deleted from the State of 
Florida requirements applicable to OCS sources. These rules have either 
been incorporated into the recodified and renumbered Florida air 
regulations or repealed:

4.001  Scope of Part I
4.020  Definitions
4.021  Transferability of Definitions
4.030  General Prohibitions
4.040  Exemptions
4.050  Procedure to Obtain Permit; Application
4.070  Standards for Issuing or Denying Permits; Issuance; Denial
4.080  Modification of Permit Conditions
4.090  Renewals
4.100  Suspension and Revocation
4.110  Financial Responsibility
4.120  Transfer of Permits
4.130  Plant Operation--Problems
4.160  Permit Conditions
4.200  Scope of Part II
4.210  Construction Permits
4.220  Operation Permits for New Sources
4.510  Scope of Part III
4.520  Definitions
4.530  Procedures
4.540  General Conditions for all General Permits
210.400  Emission Estimates
210.500  Air Quality Models
210.980  Severability
212.200  Definitions
212.410  Best Available Control Technology (BACT)
212.510  Lowest Achievable Emission Rate (LAER)
212.700  Emissions Unit
256.450  Burning for Cold or Frost Protection
272.100  Purpose and Scope
272.200  Definitions
272.300  Ambient Air Quality Standards
272.500  Maximum Allowable Increases (Prevention of Significant 
Deterioration)
272.750  Department of Environmental Protection Ambient Test Methods
296.200  Definitions
296.310  General Particulate Emission Limiting Standards
296.330  Best Available Control Technology (BACT)
296.400  Specific Emission Limiting and Performance Standards
296.800  Standards of Performance for New Stationary Sources (NSPS)
296.810  National Emission Standards for Hazardous Air Pollutants 
(NESHAP)--Part 61
296.820  National Emission Standards for Hazardous Air Pollutants 
(NESHAP)--Part 63
297.200  Definitions
297.330  Applicable Test Procedures
297.340  Frequency of Compliance Tests
297.345  Stack Sampling Facilities Provided by the Owner of an Air 
Pollution Point Source
297.350  Determination of Process Variables
297.400  EPA Methods Adopted by Reference
297.411  DEP Method 1
297.412  DEP Method 2
297.413  DEP Method 3
297.414  DEP Method 4
297.415  DEP Method 5
297.416  DEP Method 5A
297.417  DEP Method 6
297.418  DEP Method 7
297.419  DEP Method 8
297.420  DEP Method 9
297.421  DEP Method 10
297.422  DEP Method 11
297.423  DEP Method 12--Determination of Inorganic Lead Emissions from 
Stationary Sources
297.424  DEP Method 13
297.570  Test Report

Administrative Requirements

A. Executive Order 12291 (Regulatory Impact Analysis)

    The Office of Management and Budget has exempted this rule from the

[[Page 23425]]

requirements of Section 3 of Executive Order 12291. This exemption 
continues in effect under Executive Order 12866, which superseded 
Executive Order 12291 on September 30, 1993.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 requires each federal agency 
to perform a Regulatory Flexibility Analysis for all rules that are 
likely to have a ``significant impact on a substantial number of small 
entities.'' Small entities include small businesses, organizations, and 
governmental jurisdictions.
    As was stated in the final regulation, the OCS rule does not apply 
to any small entities, and the structure of the rule averts direct 
impacts and mitigates indirect impacts on small entities. This 
consistency update merely incorporates onshore requirements into the 
OCS rule to maintain consistency with onshore regulations as required 
by section 328 of the Act and does not alter the structure of the rule.
    The EPA certifies that this notice of proposed rulemaking will not 
have a significant impact on a substantial number of small entities.

C. Paperwork Reduction Act

    The Office of Management and Budget (OMB) has approved the 
information collection requirements contained in the final OCS 
rulemaking dated September 4, 1992, under the provisions of the 
Paperwork Reduction Act, 44 U.S.C. 35012 et seq., and has assigned OMB 
control number 2060-0249. This consistency update does not add any 
further requirements.

List of Subjects in 40 CFR Part 55

    Administrative practice and procedures, Air pollution control, 
Environmental protection, Hydrocarbons, Intergovernmental relations, 
Nitrogen dioxide, Nitrogen oxides, Outer Continental Shelf, Ozone, 
Particulate matter, Permits, Reporting and recordkeeping requirements, 
Sulfur oxides.

    Dated: April 14, 1997.
A. Stanley Meiburg,
Acting Regional Administrator.
    Part 55, Chapter I, title 40 of the Code of Federal Regulations, 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 amended by revising paragraph (e) (6) (i) (A) 
to read as follows:


Sec. 55.14  Requirements that apply to OCS sources located within 25 
miles of states, seaward boundaries, by state.

* * * * *
    (e) * * *
    (6) * * *
    (i) * * *
    (A) State of Florida Requirements Applicable to OCS Sources, August 
20, 1993.
* * * * *
    3. Appendix A to Part 55 is amended by revising paragraph (a) (1) 
under the heading Florida to read as follows:

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

* * * * *
    Florida
    (a) * * *
    (1) The following requirements are contained in State of Florida 
Requirements Applicable to OCS Sources, February 7, 1997:
    Florida Administrative Code-Department of Environmental Protection. 
The following sections of Chapter 62:

204.100  Purpose and Scope (Adopted 3/13/96)
204.200  Definitions (Adopted 3/13/96)
204.220  Ambient Air Quality Protection (Adopted 3/13/96)
204.240  Ambient Air Quality Standards (Adopted 3/13/96)
204.260  Prevention of Significant Deterioration Increments (Adopted 3/
13/96)
204.800  Federal Regulations Adopted by Reference (Adopted 10/17/96)
210.100  Purpose and Scope (Adopted 11/23/94)
210.200  Definitions (Adopted 10/15/96)
210.220  Small Business Assistance Program (Adopted 10/15/96)
210.300  Permits Required (Adopted 10/7/96)
210.360  Administrative Permit Corrections (Adopted 11/23/94)
210.370  Reports (Adopted 3/21/96)
210.550  Stack Height Policy (Adopted 11/23/94)
210.600  Enhanced Monitoring (Adopted 11/23/94)
210.650  Circumvention (Adopted 9/25/92)
210.700  Excess Emissions (Adopted 11/23/94)
210.900  Forms and Instructions (Adopted 3/21/96)
210.920  Notification Form for Air General Permits (Adopted 8/15/96)
212.100  Purpose and Scope (Adopted 3/13/96)
212.300  General Preconstruction Review Requirements (Adopted 1/1/96)
212.400  Prevention of Significant Deterioration (PSD) (Adopted 3/13/
96)
212.500  Preconstruction Review for Nonattainment Areas (Adopted 3/13/
96)
212.600  Category-Specific Preconstruction: Sulfur Storage and Handling 
Facilities (Adopted 3/13/96)
213.100  Purpose and Scope (Adopted 3/13/96)
213.200  Annual Operation Licensing Fee (Adopted 6/25/96)
213.300  Title V Air General Permits (Adopted 10/7/96)
213.400  Permits and Permit Revisions Required (Adopted 3/13/96)
213.410  Changes Without Permit Revision (Adopted 11/23/94)
213.412  Immediate Implementation Pending Revision Process (Adopted 3/
13/96)
213.415  Trading of Emissions Within a Source (Adopted 3/13/96)
213.420  Permit Applications (Adopted 10/7/96)
213.430  Permit Issuance, Renewal, and Revision (Adopted 3/20/96)
213.440  Permit Content (Adopted 3/20/96)
213.460  Permit Shield (Adopted 11/23/94)
213.900  Forms and Instructions (Adopted 6/25/96)
256.100  Declaration and Intent (Adopted 11/30/94)
256.200  Definitions (Adopted 11/30/94)
256.300  Prohibitions (Adopted 11/30/94)
256.600  Industrial, Commercial, Municipal and Research Open Burning 
(Adopted 8/26/87)
256.700  Open Burning Allowed (Adopted 11/30/94)
273.200  Definitions (Adopted 9/25/92)
273.300  Air Pollution Episodes (Adopted 9/25/92)
273.400  Air Alert (Adopted 9/25/92)
273.500  Air Warning (Adopted 9/25/92)
273.600  Air Emergency (Adopted 9/25/92)
296.100  Purpose and Scope (Adopted 3/13/96)
296.320  General Pollutant Emission Limiting Standards, except (2) 
(Adopted 3/13/96)
296.500  Reasonably Available Control Technology (RACT)--Volatile 
Organic Compounds (VOC) and Nitrogen Oxides (NOX) Emitting 
Facilities (Adopted 1/1/96)

[[Page 23426]]

296.570  Reasonably Available Control Technology (RACT)--Requirements 
for Major VOC- and NOX-Emitting Facilities (Adopted 1/1/96)
296.600  Reasonably Available Control Technology (RACT)--Lead (Adopted 
3/13/96)
296.601  Lead Processing Operations in General (Adopted 1/1/96)
296.700  Reasonably Available Control Technology (RACT)--Particulate 
Matter, except (2)(f) (Adopted 1/1/96)
297.100  Purpose and Scope (Adopted 3/13/96)
297.310  General Test Requirements (Adopted 3/13/96)
297.401  EPA Test Procedures (Adopted 10/7/96)
297.440  Supplementary Test Procedures (Adopted 1/1/96)
297.450  EPA VOC Capture Efficiency Test Procedures (Adopted 1/1/96)
297.520  EPA Continuous Monitor Performance Specifications (Adopted 3/
13/96)
297.620  Exceptions and Approval of Alternate Procedures and 
Requirements (Adopted 11/23/94)
[FR Doc. 97-11161 Filed 4-29-97; 8:45 am]
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