73 FR 246 pgs. 78196-78199 - Outer Continental Shelf Air Regulations Consistency Update for Florida
Type: RULEVolume: 73Number: 246Pages: 78196 - 78199
Docket number: [EPA-R04-OAR-2008-0605; FRL-8745-8]
FR document: [FR Doc. E8-30126 Filed 12-19-08; 8:45 am]
Agency: Environmental Protection Agency
Official PDF Version: PDF Version
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[EPA-R04-OAR-2008-0605; FRL-8745-8]
Outer Continental Shelf Air Regulations Consistency Update for Florida
AGENCY:
Environmental Protection Agency (EPA).
ACTION:
Final rule-consistency update.
SUMMARY:
EPA is finalizing the update of the Outer Continental Shelf (OCS) Air Regulations proposed in the Federal Register on September 4, 2008. 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 ("CAA" or "the Act"). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which the State of Florida has been designated COA. The effect of approving the OCS requirements for the State of Florida is to regulate emissions from OCS sources in accordance with the requirements onshore. The change to the existing requirements discussed below will be incorporated by reference into the Code of Federal Regulations (CFR) and is listed in the appendix to the OCS air regulations. This action is an annual update of the Florida's OCS Air Regulations. These rules include revisions to existing rules that already apply to OCS sources. No comments were received on the September 4, 2008, proposal.
DATES:
Effective Date: This rule is effective on January 21, 2009. The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of January 21, 2009.
ADDRESSES:
EPA has established docket number EPA-R04-OAR-2008-0605 for this action. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e. , CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at the Air Permit Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Air Permit Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9043. Mr. Lakeman can also be reached via electronic mail at lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever "we," "us," or "our" is used, we mean EPA. The following outline is provided to aid in locating information in this preamble.
I. Background and Purpose
II. EPA Action
III. Statutory and Executive Order Reviews
I. Background and Purpose
On September 4, 1992, EPA promulgated 40 CFR part 55, 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) of the Act requires that EPA update the OCS requirements as necessary to maintain consistency with onshore requirements.
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 process is distinct from the State Implementation Plan (SIP) process and incorporation of a rule into part 55 as part of the OCS consistency update process does not ensure such a rule would be appropriate for inclusion into the SIP. EPA proposed approval of Florida's rules for OCS consistency update on September 4, 2008 (73 FR 51610), and received no comments.
II. EPA Action
In this document, EPA takes final action to incorporate the proposed changes into 40 CFR part 55. No changes were made to the proposed action. EPA is approving the proposed action under section 328(a)(1) of the Act, 42 U.S.C. 7627. 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.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to establish requirements to control air pollution from OCS sources located within 25 miles of States' seaward boundaries that are the same as onshore air control requirements. To comply with this statutory mandate, EPA must incorporate applicable onshore rules into part 55 as they exist onshore. 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in promulgating OCS consistency updates, EPA's role is to maintain consistency between OCS regulations and the regulations of onshore areas, provided that they meet the criteria of the CAA. Accordingly, this action simply updates the existing OCS requirements to make them consistent with requirements onshore, without the exercise of any policy discretion by EPA. For that reason, this action:
(1) Is not a "significant regulatory action" subject to review by the Office of Management and Budget (OMB) under Executive Order 12866 (58 FR 51735, October 4, 1993);
(2) Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq. );
(3) Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
(4) Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
(5) Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
(6) Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);
(7) Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and
(8) Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, nor does it impose substantial direct compliance costs on tribal governments, nor preempt tribal law.
Under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. , OMB has approved the information collection requirements contained in 40 CFR part 55 and, by extension, this update to the rules, and has assigned OMB control number 2060-0249. Notice of OMB's approval of EPA Information Collection Request ("ICR") No. 1601.06 was published in the Federal Register on March 1, 2006 (71 FR 10499-10500). The approval expires January 31, 2009. As EPA previously indicated (70 FR 65897-65898 (November 1, 2005)), the annual public reporting and recordkeeping burden for collection of information under 40 CFR part 55 is estimated to average 549 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9 and are identified on the form and/or instrument, if applicable. In addition, the table in 40 CFR part 9 of currently approved OMB control numbers for various regulations lists the regulatory citations for the information requirements contained in 40 CFR part 55.
The Congressional Review Act, 5 U.S.C. 801 et seq. , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register . A major rule cannot take effect until 60 days after it is published in the Federal Register . This action is not a "major rule" as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 17, 2008. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 55
Environmental protection, Administrative practice and procedure, Air pollution control, Continental Shelf, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides.
Dated: November 14, 2008.
Russell L. Wright, Jr.,
Acting RegionalAdministrator,Region 4.
40 CFR part 55 is amended as follows:
PART 55-[AMENDED]
1. The authority citation for part 55 continues to read as follows:
Authority:
Section 328 of the Act (42 U.S.C. 7401, et seq. ) as amended by Public Law 101-549.
2. Section 55.14 is amended as follows:
a. In paragraph (e) introductory text by removing the words "345 Courtland Street, NE., Atlanta, GA 30365;" and adding in their place the words "61 Forsyth Street, Atlanta, GA 30303".
b. By revising paragraph (e)(6)(i)(A).
§ 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, January 2, 2008.
3. Appendix A to part 55 is amended under the heading "Florida" by adding a new paragraph (a) immediately following the heading and revising paragraph (1) to read as follows:
Appendix A to Part 55-Listing of State and Local Requirements Incorporated by Reference Into Part 55, by State
Florida
(a) State requirements.
(1) The following requirements are contained in State of Florida Requirements Applicable to OCS Sources, January 2, 2008: Florida Administrative Code-Department of Environmental Protection. The following sections of Chapter 62:
CHAPTER 62-4PERMITS
62-4.001Scope of Part I (Effective 10/1/07)
62-4.020Definitions (Effective 4/3/03)
62-4.021Transferability of Definitions (Effective 8/31/88)
62-4.030General Prohibition (Effective 8/31/88)
62-4.040Exemptions (Effective 8/31/88)
62-4.050Procedure to Obtain Permits and other Authorizations; Applications (Effective 10/31/07)
62-4.055Permit Processing (Effective 8/16/98)
62-4.060Consultation (Effective 8/31/88)
62-4.070Standards of Issuing or Denying Permits; Issuance; Denial (Effective 3/28/91)
62-4.080Modification of Permit Conditions (Effective 3/19/90)
62-4.090Renewals (Effective 3/16/08)
62-4.100Suspension and Revocation (Effective 8/31/88)
62-4.110Financial Responsibility (Effective 8/31/88)
62-4.120Transfer of Permits (Effective 4/16/01)
62-4.130Plant Operation-Problems (Effective 8/31/88)
62-4.150Review (Effective 8/31/88)
62-4.160Permit Conditions (Effective 7/11/93)
62-4.200Scope of Part II (Effective 10/1/07)
62-4.210Construction Permits (Effective 8/31/88)
62-4.220Operation Permit for New Sources (Effective 8/31/88)
62-4.249Preservation of Rights (Effective 8/31/88)
62-4.510Scope of Part III (Effective 10/1/07)
62-4.520Definition (Effective 7/11/90)
62-4.530Procedures (Effective 3/19/90)
62-4.540General Conditions for All General Permits (Effective 8/31/88)
CHAPTER 62-204AIR POLLUTION CONTROL-GENERAL PROVISIONS
62-204.100Purpose and Scope (Effective 3/13/96)
62-204.200Definitions (Effective 2/12/06)
62-204.220Ambient Air Quality Protection (Effective 3/13/96)
62-204.240Ambient Air Quality Standards (Effective 3/13/96)
62-204.260Prevention of Significant Deterioration Maximum Allowable Increases (PSD Increments) (Effective 2/12/06)
62-204.320Procedures for Designation and Redesignation of Areas (Effective 3/13/96)
62-204.340Designation of Attainment, Nonattainment, and Maintenance Areas (Effective 3/13/96)
62-204.360Designation of Prevention of Significant Deterioration Areas (Effective 3/13/96)
62-204.400Public Notice and Hearing Requirements for State Implementation Plan Revisions (Effective 11/30/94)
62-204.500Conformity (Effective 9/1/98)
62-204.800Federal Regulations Effective by Reference (Effective 7/1/08)
CHAPTER 62-210STATIONARY SOURCES-GENERAL REQUIREMENTS
62-210.100Purpose and Scope (Effective1/10/07)
62-210.200Definitions (Effective 3/16/08)
62-210.220Small Business Assistance Program (Effective 2/11/99)
62-210.300Permits Required (Effective 3/16/08)
62-210.310Air General Permits (Effective 5/9/07)
62-210.350Public Notice and Comment (Effective 2/2/06)
62-210.360Administrative Permit Corrections (Effective 3/16/08)
62-210.370Emissions Computation and Reporting (Effective 7/3/08)
62-210.550Stack Height Policy (Effective 11/23/94)
62-210.650Circumvention (Effective 8/26/1981)
62-210.700Excess Emissions (Effective 11/23/94)
62-210.900Forms and Instructions (Effective 7/3/08)
62-210.920Registration Forms for Air General Permits (Effective 5/9/07)
CHAPTER 62-212STATIONARY SOURCES-PRECONSTRUCTION REVIEW
62-212.100Purpose and Scope (Effective5/20/97)
62-212.300General Preconstruction Review Requirements (Effective 2/2/06)
62-212.400Prevention of Significant Deterioration (PSD) (Effective 7/16/07)
62-212.500Preconstruction Review for Nonattainment Areas (Effective 2/2/06)
62-212.600Sulfur Storage and Handling Facilities (Effective 8/17/00)
62-212.710Air Emissions Bubble (Effective 5/20/97)
62-212.720Actuals Plantwide Applicability Limits (PALs) (Effective 7/16/07)
CHAPTER 62-213OPERATION PERMITS FOR MAJOR SOURCES OF AIR POLLUTION
62-213.100Purpose and Scope (Effective 3/13/96)
62-213.202Responsible Official (Effective 6/02/02)
62-213.205Annual Emissions Fee (Effective 3/16/08)
62-213.300Title V Air General Permits (Effective 4/14/03)
62-213.400Permits and Permit Revisions Required (Effective 3/16/08)
62-213.405Concurrent Processing of Permit Applications (Effective 6/02/02)
62-213.410Changes Without Permit Revision (Effective 6/02/02)
62-213.412Immediate Implementation Pending Revision Process (Effective 6/02/02)
62-213.413Fast-Track Revisions of Acid Rain Parts (Effective 6/02/02)
62-213.415Trading of Emissions Within a Source (Effective 4/16/01)
62-213.420Permit Applications (Effective 3/16/08)
62-213.430Permit Issuance, Renewal, and Revision (Effective 3/16/08)
62-213.440Permit Content (Effective 3/16/08)
62-213.450Permit Review by EPA and Affected States (Effective 1/03/01)
62-213.460Permit Shield (Effective 3/16/08)
62-213.900Forms and Instructions (Effective 4/14/03)
CHAPTER 62-214REQUIREMENTS FOR SOURCES SUBJECT TO THE FEDERAL ACID RAIN PROGRAM
62-214.100Purpose and Scope (Effective 3/16/08)
62-214.300Applicability (Effective 3/16/08)
62-214.320Applications (Effective 3/16/08)
62-214.330Acid Rain Compliance Plan and Compliance Options (Effective 3/16/08)
62-214.340Exemptions (Effective 3/16/08)
62-214.350Certification (Effective 12/10/97)
62-214.360Department Action on Applications (Effective 3/16/08)
62-214.370Revisions and Administrative Corrections (Effective 4/16/01)
62-214.420Acid Rain Part Content (Effective 3/16/08)
62-214.430Implementation and Termination of Compliance Options (Effective 3/16/08)
CHAPTER 62-252GASOLINE VAPOR CONTROL
62-252.100Purpose and Scope (Effective 2/2/93)
62-252.200Definitions (Effective 5/9/07)
62-252.300Gasoline Dispensing Facilities-Stage I Vapor Recovery (Effective 5/9/07)
62-252.400Gasoline Dispensing Facilities-Stage II Vapor Recovery (Effective 5/9/07)
62-252.500Gasoline Tanker Trucks or Trailers (Effective 5/9/07)
62-252.900Form. (Effective 5/9/07)
CHAPTER 62-256OPEN BURNING AND FROST PROTECTION FIRES
62-256.200Definitions (Effective 7/6/05)
62-256.300Prohibitions (Effective 7/6/05)
62-256.700Open Burning Allowed (Effective 7/6/05)
CHAPTER 62-296STATIONARY SOURCES-EMISSION STANDARDS
62-296.100Purpose and Scope (Effective 3/13/96)
62-296.320General Pollutant Emission Limiting Standards (Effective 3/13/96)
62-296.340Best Available Retrofit Technology (Effective 1/31/07)
62-296.341Regional Haze-Reasonable Progress Control Technology (Effective 2/7/08)
62-296.401Incinerators (Effective 1/10/07)
62-296.402Sulfuric Acid Plants (Effective 3/13/96)
62-296.403Phosphate Processing (Effective 3/13/96)
62-296.404Kraft (Sulfate) Pulp Mills and Tall Oil Plants (Effective 3/13/96)
62-296.405Fossil Fuel Steam Generators with More Than 250 Million Btu Per Hour Heat Input (Effective 3/2/99)
62-296.406Fossil Fuel Steam Generators with Less Than 250 Million Btu Per Hour Heat Input, New and Existing Emissions Units (Effective 3/2/99)
62-296.407Portland Cement Plants (Effective 1/1/96)
62-296.408Nitric Acid Plants (Effective 1/1/96)
62-296.409Sulfur Recovery Plants (Effective 1/1/96)
62-296.410Carbonaceous Fuel Burning Equipment (Effective 1/1/96)
62-296.411Sulfur Storage and Handling Facilities (Effective 1/1/96)
62-296.412Dry Cleaning Facilities (Effective 10/7/96)
62-296.413Synthetic Organic Fiber Production (Effective 2/12/06)
62-296.414Concrete Batching Plants (Effective 1/10/07)
62-296.415Soil Thermal Treatment Facilities (Effective 3/13/96)
62-296.416Waste-to-Energy Facilities (Effective 10/20/96)
62-296.417Volume Reduction, Mercury Recovery and Mercury Reclamation (Effective 3/2/99)
62-296.418Bulk Gasoline Plants (Effective 5/9/07)
62-296.470Implementation of Federal Clean Air Interstate Rule (Effective 4/1/07)
62-296.480Implementation of Federal Clean Air Mercury Rule (Effective 9/6/06)
62-296.500Reasonably Available Control Technology (RACT)-Volatile Organic Compounds (VOC) and Nitrogen Oxides (NO X ) Emitting Facilities (Effective 1/1/96)
62-296.501Can Coating (Effective 1/1/96)
62-296.502Coil Coating (Effective 1/1/96)
62-296.503Paper Coating (Effective 1/1/96)
62-296.504Fabric and Vinyl Coating (Effective 1/1/96)
62-296.505Metal Furniture Coating (Effective 1/1/96)
62-296.506Surface Coating of Large Appliances (Effective 1/1/96)
62-296.507Magnet Wire Coating (Effective 1/1/96)
62-296.508Petroleum Liquid Storage (Effective 1/1/96)
62-296.510Bulk Gasoline Terminals (Effective 1/1/96)
62-296.511Solvent Metal Cleaning (Effective 10/7/96)
62-296.512Cutback Asphalt (Effective 1/1/96)
62-296.513Surface Coating of Miscellaneous Metal Parts and Products (Effective 1/1/96)
62-296.514Surface Coating of Flat Wood Paneling (Effective 1/1/96)
62-296.515Graphic Arts Systems (Effective 1/1/96)
62-296.516Petroleum Liquid Storage Tanks with External Floating Roofs (Effective 1/1/96)
62-296.570Reasonably Available Control Technology (RACT)-Requirements for Major VOC and NO X -Emitting Facilities (Effective 3/2/99)
62-296.600Reasonably Available Control Technology (RACT)Lead (Effective 3/13/96)
62-296.601Lead Processing Operations in General (Effective 1/1/96)
62-296.602Primary Lead-Acid Battery Manufacturing Operations (Effective 3/13/96)
62-296.603Secondary Lead Smelting Operations (Effective 1/1/96)
62-296.604Electric Arc Furnace Equipped Secondary Steel Manufacturing Operations. (Effective 1/1/96)
62-296.605Lead Oxide Handling Operations (Effective 8/8/1994)
62-296.700Reasonably Available Control Technology (RACT) Particulate Matter (Effective 1/1/96)
62-296.701Portland Cement Plants (Effective 1/1/96)
62-296.702Fossil Fuel Steam Generators (Effective 1/1/96)
62-296.703Carbonaceous Fuel Burners (Effective 1/1/96)
62-296.704Asphalt Concrete Plants (Effective 1/1/96)
62-296.705Phosphate Processing Operations (Effective 1/1/96)
62-296.706Glass Manufacturing Process (Effective 1/1/96)
62-296.707Electric Arc Furnaces (Effective 1/1/96)
62-296.708Sweat or Pot Furnaces (Effective 1/1/96)
62-296.709Lime Kilns (Effective 1/1/96)
62-296.710Smelt Dissolving Tanks (Effective 1/1/96)
62-296.711Materials Handling, Sizing, Screening, Crushing and Grinding Operations (Effective 1/1/96)
62-296.712Miscellaneous Manufacturing Process Operations (Effective 1/1/96)
CHAPTER 62-297STATIONARY SOURCEEMISSIONS MONITORING
62-297.100Purpose and Scope (Effective 3/13/96)
62-297.310General Compliance Test Requirements (Effective 3/2/99)
62-297.320Standards for Persons Engaged in Visible Emissions Observations (Effective 2/12/04)
62-297.401Compliance Test Methods (Effective 3/2/99)
62-297.440Supplementary Test Procedures (Effective 10/22/02)
62-297.450EPA VOC Capture Efficiency Test Procedures (Effective 3/2/99)
62-297.520EPA Continuous Monitor Performance Specifications (Effective 3/2/99)
62-297.620Exceptions and Approval of Alternate Procedures and Requirements (Effective 11/23/94)
[FR Doc. E8-30126 Filed 12-19-08; 8:45 am]
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