[Federal Register Volume 65, Number 103 (Friday, May 26, 2000)]
[Proposed Rules]
[Pages 34129-34132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13333]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[FRL-6706-7]


Outer Continental Shelf Air Regulations; Consistency Update for 
California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule--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, as amended in 1990 (``the Act''). The portion of 
the OCS air regulations that is being updated pertains to the 
requirements for OCS sources for which the Santa Barbara County Air 
Pollution Control District (Santa Barbara County APCD) and Ventura 
County Air Pollution Control District (Ventura County APCD) are the 
designated COAs. The intended effect of approving the OCS requirements 
for the above Districts, contained in the Technical Support Document, 
is to regulate emissions from OCS sources in accordance with the 
requirements onshore. The changes to the existing requirements 
discussed below 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 
June 26, 2000.

ADDRESSES: Comments must be mailed (in duplicate if possible) to: EPA 
Air Docket (Air-4), Attn: Docket No. A-93-16 Section XXI, Environmental 
Protection Agency, Air Division, Region 9, 75 Hawthorne St., San 
Francisco, CA 94105.
    Docket: Supporting information used in developing the rule and 
copies of the documents EPA is proposing to incorporate by reference 
are contained in Docket No. A-93-16 Section XXI. This docket is 
available for public inspection and copying Monday-Friday during 
regular business hours at the following locations:
EPA Air Docket (Air-4), Attn: Docket No. A-93-16 Section XXI, 
Environmental Protection Agency, Air Division, Region 9, 75 Hawthorne 
St., San Francisco, CA 94105.

EPA Air Docket (LE-131), Attn: Air Docket No. A-93-16 Section XXI, 
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 Division (Air-
4), U.S. EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105, 
(415) 744-1197.

SUPPLEMENTARY INFORMATION:  

[[Page 34130]]

I. Background

    On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ which 
established requirements to control air pollution from OCS sources in 
order to attain and maintain federal and state ambient air quality 
standards and to comply with the provisions of part C of title I of the 
Act. Part 55 applies to all OCS sources offshore of the States except 
those located in the Gulf of Mexico west of 87.5 degrees longitude. 
Section 328 of the Act requires that for such sources located within 25 
miles of a state's seaward boundary, the requirements shall be the same 
as would be applicable if the sources were located in the COA. Because 
the OCS requirements are based on onshore requirements, and onshore 
requirements may change, section 328(a)(1) requires that EPA update the 
OCS requirements as necessary to maintain consistency with onshore 
requirements.
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    \1\ The reader may refer to the Notice of Proposed Rulemaking, 
December 5, 1991 (56 FR 63774), and the preamble to the final rule 
promulgated September 4, 1992 (57 FR 40792) for further background 
and information on the OCS regulations.
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    Pursuant to Sec. 55.12 of the OCS rule, consistency reviews will 
occur (1) at least annually; (2) upon receipt of a Notice of Intent 
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 
proposed action is being taken in response to the submittal of rules by 
two local air pollution control agencies. Public comments received in 
writing within 30 days of publication of this document will be 
considered by EPA before publishing a final 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.

II. EPA Evaluation and Proposed Action

    In updating 40 CFR part 55, EPA reviewed the rules submitted for 
inclusion in part 55 to ensure that they are rationally related to the 
attainment or maintenance of federal or state ambient air quality 
standards or part C of title I of the Act, that they are not designed 
expressly to prevent exploration and development of the OCS and that 
they are applicable to OCS sources. 40 CFR 55.1. EPA has also evaluated 
the rules to ensure they are not arbitrary or capricious. 40 CFR 55.12 
(e). In addition, EPA has excluded administrative or procedural 
rules,\2\ and requirements that regulate toxics which are not related 
to the attainment and maintenance of federal and state ambient air 
quality standards.
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    \2\ Each COA which has been delegated the authority to implement 
and enforce part 55, will use its administrative and procedural 
rules as onshore. However, in those instances where EPA has not 
delegated authority to implement and enforce part 55, EPA will use 
its own administrative and procedural requirements to implement the 
substantive requirements. 40 CFR 55.14 (c)(4).
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    A. After review of the rules submitted by Santa Barbara County APCD 
against the criteria set forth above and in 40 CFR part 55, EPA is 
proposing to make the following rule revision applicable to OCS sources 
for which the Santa Barbara County APCD is designated as the COA: Rule 
330  Surface Coating of Metal Parts and Products (Adopted 1/20/00)
    B. After review of the rules submitted by Ventura County APCD 
against the criteria set forth above and in 40 CFR part 55, EPA 
proposing to make the following new rule applicable to OCS sources for 
which the Ventura County APCD is designated as the COA: Rule 230  
Notice to Comply (Adopted 11/09/99)

III. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. This proposed action merely approves state law as meeting 
federal requirements and imposes no additional requirements beyond 
those imposed by state law. Accordingly, the Administrator certifies 
that this proposed rule will not have a significant economic impact on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (Public Law 104-4). For the same reason, this proposed rule also 
does not significantly or uniquely affect the communities of tribal 
governments, as specified by Executive Order 13084 (63 FR 27655, May 
10, 1998). This proposed rule will not have substantial direct effects 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government, as specified in Executive Order 13132 
(64 FR 43255, August 10, 1999), because it merely approves a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This proposed rule also is not subject to Executive Order 
13045 (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this proposed rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings' issued under the executive order. 
This proposed rule does not impose an information collection

[[Page 34131]]

burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).

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: May 11, 2000.
Laura Yoshii,
Acting Regional Administrator, Region IX.
    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)(F) and (e)(3)(ii)(H) to read as follows:


Sec. 55.14  Requirements that apply to OCS sources located within 25 
miles of States' seaward boundaries, by State.

* * * * *
    (e) * * *
    (3) * * *
    (ii) * * *
    (F) Santa Barbara County Air Pollution Control District 
Requirements Applicable to OCS Sources.
* * * * *
    (H) Ventura County Air Pollution Control District Requirements 
Applicable to OCS Sources.
* * * * *
    3. Appendix A to part 55 is proposed to be amended by revising 
paragraph (b)(6) and (b)(8) under the heading ``California'' to read as 
follows:

Appendix A to 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 5/20/99)
Rule 103  Severability (Adopted 10/23/78)
Rule 106  Notice to Comply for Minor Violations (Adopted 7/15/99)
Rule 201  Permits Required (Adopted 4/17/97)
Rule 202  Exemptions to Rule 201 (Adopted 4/17/97)
Rule 203  Transfer (Adopted 4/17/97)
Rule 204  Applications (Adopted 4/17/97)
Rule 205  Standards for Granting Applications (Adopted 4/17/97)
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 4/17/97)
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 4/17/97)
Rule 317  Organic Solvents (Adopted 10/23/78)
Rule 318  Vacuum Producing Devices or Systems-Southern Zone (Adopted 
10/23/78)
Rule 321  Solvent Cleaning Operations (Adopted 9/18/97)
Rule 322  Metal Surface Coating Thinner and Reducer (Adopted 10/23/
78)
Rule 323  Architectural Coatings (Adopted 7/18/96)
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 1/20/00)
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 4/17/97)
Rule 342  Control of Oxides of Nitrogen (NOx) from Boilers, Steam 
Generators and Process Heaters) (Adopted 4/17/97)
Rule 343  Petroleum Storage Tank Degassing (Adopted 12/14/93)
Rule 344  Petroleum Sumps, Pits, and Well Cellars (Adopted 11/10/94)
Rule 352  Natural Gas-Fired Fan-Type Central Furnaces and 
Residential Water Heaters (Adopted 9/16/99)
Rule 353  Adhesives and Sealants (Adopted 8/19/99)
Rule 359  Flares and Thermal Oxidizers (6/28/94)
Rule 370  Potential to Emit--Limitations for Part 70 Sources 
(Adopted 6/15/95)
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 702  General Conformity (Adopted 10/20/94)
Rule 801  New Source Review (Adopted 4/17/97)
Rule 802  Nonattainment Review (Adopted 4/17/97)
Rule 803  Prevention of Significant Deterioration (Adopted 4/17/97)
Rule 804  Emission Offsets (Adopted 4/17/97)
Rule 805  Air Quality Impact Analysis and Modeling (Adopted 4/17/97)
Rule 808  New Source Review for Major Sources of Hazardous Air 
Pollutants (Adopted 5/20/99)
Rule 1301  Part 70 Operating Permits--General Information (Adopted 
4/17/97)
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)
* * * * *
    (8) The following requirements are contained in Ventura County 
Air Pollution Control District Requirements Applicable to OCS 
Sources:

Rule 2  Definitions (Adopted 11/10/98)
Rule 5  Effective Date (Adopted 5/23/72)
Rule 6  Severability (Adopted 11/21/78)
Rule 7  Zone Boundaries (Adopted 6/14/77)
Rule 10  Permits Required (Adopted 6/13/95)
Rule 11  Definition for Regulation II (Adopted 6/13/95)
Rule 12  Application for Permits (Adopted 6/13/95)
Rule 13  Action on Applications for an Authority to Construct 
(Adopted 6/13/95)
Rule 14  Action on Applications for a Permit to Operate (Adopted 6/
13/95)
Rule 15.1  Sampling and Testing Facilities (Adopted 10/12/93)
Rule 16  BACT Certification (Adopted 6/13/95)
Rule 19  Posting of Permits (Adopted 5/23/72)
Rule 20  Transfer of Permit (Adopted 5/23/72)
Rule 23  Exemptions from Permits (Adopted 7/9/96)

[[Page 34132]]

Rule 24  Source Recordkeeping, Reporting, and Emission Statements 
(Adopted 9/15/92)
Rule 26  New Source Review (Adopted 10/22/91)
Rule 26.1  New Source Review--Definitions (Adopted 1/13/98)
Rule 26.2  New Source Review--Requirements (Adopted 1/13/98)
Rule 26.6  New Source Review--Calculations (Adopted 1/13/98)
Rule 26.8  New Source Review--Permit To Operate (Adopted 10/22/91)
Rule 26.10  New Source Review--PSD (Adopted 1/13/98)
Rule 28  Revocation of Permits (Adopted 7/18/72)
Rule 29  Conditions on Permits (Adopted 10/22/91)
Rule 30  Permit Renewal (Adopted 5/30/89)
Rule 32  Breakdown Conditions: Emergency Variances, A., B.1., and D. 
only. (Adopted 2/20/79)
Rule 33  Part 70 Permits--General (Adopted 10/12/93)
Rule 33.1  Part 70 Permits--Definitions (Adopted 10/12/93)
Rule 33.2  Part 70 Permits--Application Contents (Adopted 10/12/93)
Rule 33.3  Part 70 Permits--Permit Content (Adopted 10/12/93)
Rule 33.4  Part 70 Permits--Operational Flexibility (Adopted 10/12/
93)
Rule 33.5  Part 70 Permits--Time frames for Applications, Review and 
Issuance (Adopted 10/12/93)
Rule 33.6  Part 70 Permits--Permit Term and Permit Reissuance 
(Adopted 10/12/93)
Rule 33.7  Part 70 Permits--Notification (Adopted 10/12/93)
Rule 33.8  Part 70 Permits--Reopening of Permits (Adopted 10/12/93)
Rule 33.9  Part 70 Permits--Compliance Provisions (Adopted 10/12/93)
Rule 33.10  Part 70 Permits--General Part 70 Permits (Adopted 10/12/
93)
Rule 34  Acid Deposition Control (Adopted 3/14/95)
Rule 35  Elective Emission Limits (Adopted 11/12/96)
Rule 36  New Source Review--Hazardous Air Pollutants (Adopted 10/6/
98)
Rule 42  Permit Fees (Adopted 6/22/99)
Rule 44  Exemption Evaluation Fee (Adopted 9/10/96)
Rule 45  Plan Fees (Adopted 6/19/90)
Rule 47  Source Test, Emission Monitor, and Call-Back Fees (Adopted 
6/22/99)
Rule 45.2  Asbestos Removal Fees (Adopted 8/4/92)
Rule 50  Opacity (Adopted 2/20/79)
Rule 52  Particulate Matter-Concentration (Adopted 5/23/72)
Rule 53  Particulate Matter-Process Weight (Adopted 7/18/72)
Rule 54  Sulfur Compounds (Adopted 6/14/94)
Rule 56  Open Fires (Adopted 3/29/94)
Rule 57  Combustion Contaminants-Specific (Adopted 6/14/77)
Rule 60  New Non-Mobile Equipment-Sulfur Dioxide, Nitrogen Oxides, 
and Particulate Matter (Adopted 7/8/72)
Rule 62.7  Asbestos--Demolition and Renovation (Adopted 6/16/92)
Rule 63  Separation and Combination of Emissions (Adopted 11/21/78)
Rule 64  Sulfur Content of Fuels (Adopted 4/13/99)
Rule 67  Vacuum Producing Devices (Adopted 7/5/83)
Rule 68  Carbon Monoxide (Adopted 6/14/77)
Rule 71  Crude Oil and Reactive Organic Compound Liquids (Adopted 
12/13/94)
Rule 71.1  Crude Oil Production and Separation (Adopted 6/16/92)
Rule 71.2  Storage of Reactive Organic Compound Liquids (Adopted 9/
26/89)
Rule 71.3  Transfer of Reactive Organic Compound Liquids (Adopted 6/
16/92)
Rule 71.4  Petroleum Sumps, Pits, Ponds, and Well Cellars (Adopted 
6/8/93)
Rule 71.5  Glycol Dehydrators (Adopted 12/13/94)
Rule 72  New Source Performance Standards (NSPS) (Adopted 9/10/96)
Rule 74  Specific Source Standards (Adopted 7/6/76)
Rule 74.1  Abrasive Blasting (Adopted 11/12/91)
Rule 74.2  Architectural Coatings (Adopted 08/11/92)
Rule 74.6  Surface Cleaning and Degreasing (Adopted 11/10/98)
Rule 74.6.1  Cold Cleaning Operations (Adopted 7/9/96)
Rule 74.6.2  Batch Loaded Vapor Degreasing Operations (Adopted 7/9/
96)
Rule 74.7  Fugitive Emissions of Reactive Organic Compounds at 
Petroleum Refineries and Chemical Plants (Adopted 10/10/95)
Rule 74.8  Refinery Vacuum Producing Systems, Waste-water Separators 
and Process Turnarounds (Adopted 7/5/83)
Rule 74.9  Stationary Internal Combustion Engines (Adopted 12/21/93)
Rule 74.10  Components at Crude Oil Production Facilities and 
Natural Gas Production and Processing Facilities (Adopted 3/10/95)
Rule 74.11  Natural Gas-Fired Residential Water Heaters-Control of 
NOX (Adopted 4/9/85)
Rule 74.11.1  Large Water Heaters and Small Boilers (Adopted 9/14/
99)
Rule 74.12  Surface Coating of Metal Parts and Products (Adopted 9/
10/96)
Rule 74.15  Boilers, Steam Generators and Process Heaters (5MM BTUs 
and greater) (Adopted 11/8/94)
Rule 74.15.1  Boilers, Steam Generators and Process Heaters (1-5MM 
BTUs)(Adopted 6/13/95)
Rule 74.16  Oil Field Drilling Operations (Adopted 1/8/91)
Rule 74.20  Adhesives and Sealants (Adopted 1/14/97)
Rule 74.23  Stationary Gas Turbines (Adopted 10/10/95)
Rule 74.24  Marine Coating Operations (Adopted 9/10/96)
Rule 74.24.1  Pleasure Craft Coating and Commercial Boatyard 
Operations (Adopted 11/10/98)
Rule 74.26  Crude Oil Storage Tank Degassing Operations (Adopted 11/
8/94)
Rule 74.27  Gasoline and ROC Liquid Storage Tank Degassing 
Operations (Adopted 11/8/94)
Rule 74.28  Asphalt Roofing Operations (Adopted 5/10/94)
Rule 74.30  Wood Products Coatings (Adopted 9/10/96)
Rule 75  Circumvention (Adopted 11/27/78)
Rule 100  Analytical Methods (Adopted 7/18/72)
Rule 101  Sampling and Testing Facilities (Adopted 5/23/72)
Rule 102  Source Tests (Adopted 11/21/78)
Rule 103  Continuous Monitoring Systems (Adopted 2/9/99)
Rule 154  Stage 1 Episode Actions (Adopted 9/17/91)
Rule 155  Stage 2 Episode Actions (Adopted 9/17/91)
Rule 156  Stage 3 Episode Actions (Adopted 9/17/91)
Rule 158  Source Abatement Plans (Adopted 9/17/91)
Rule 159  Traffic Abatement Procedures (Adopted 9/17/91)
Rule 220  General Conformity (Adopted 5/9/95)
Rule 230  Notice to Comply (Adopted 11/9/99)
* * * * *
[FR Doc. 00-13333 Filed 5-25-00; 8:45 am]
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