Air programs: California; consistency update,

[Federal Register: May 26, 2000 (Volume 65, Number 103)]

[Proposed Rules]

[Page 34129-34132]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr26my00-34]

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.

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]]

1. 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.

   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.

2. 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.

   \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).

   1. 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)

   2. 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)

3. 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. 00-13333Filed5-25-00; 8:45 am]

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