National United States Regulations 40 CFR PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS Title 40: Protection of Environment PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS -------------------------------------------------------------------------------- Authority: Section 328 of the Clean Air Act (42 U.S.C. 7401, et seq.) as amended by Public Law 101–549. Source: 57 FR 40806, Sept. 4, 1992, unless otherwise noted. § 55.1 Statutory authority and scope. top Section 328(a)(1) of the Clean Air Act (“the Act”), requires the Environmental Protection Agency (“EPA”) to establish requirements to control air pollution from outer continental shelf (“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. This part establishes the air pollution control requirements for OCS sources and the procedures for implementation and enforcement of the requirements, consistent with these stated objectives of section 328(a)(1) of the Act. In implementing, enforcing and revising this rule and in delegating authority hereunder, the Administrator will ensure that there is a rational relationship to the attainment and maintenance of Federal and State ambient air quality standards and the requirements of part C of title I, and that the rule is not used for the purpose of preventing exploration and development of the OCS. § 55.2 Definitions. top Administrator means the Administrator of the U.S. Environmental Protection Agency. Corresponding Onshore Area (COA) means, with respect to any existing or proposed OCS source located within 25 miles of a State's seaward boundary, the onshore area that is geographically closest to the source or another onshore area that the Administrator designates as the COA, pursuant to §55.5 of this part. Delegated agency means any agency that has been delegated authority to implement and enforce requirements of this part by the Administrator, pursuant to §55.11 of this part. It can refer to a State agency, a local agency, or an Indian tribe, depending on the delegation status of the program. Existing source or existing OCS source shall have the meaning given in the applicable requirements incorporated into §§55.13 and 55.14 of this part, except that for two years following the date of promulgation of this part the definition given in §55.3 of this part shall apply for the purpose of determining the required date of compliance with this part. Exploratory source or exploratory OCS source means any OCS source that is a temporary operation conducted for the sole purpose of gathering information. This includes an operation conducted during the exploratory phase to determine the characteristics of the reservoir and formation and may involve the extraction of oil and gas. Modification shall have the meaning given in the applicable requirements incorporated into §§55.13 and 55.14 of this part, except that for two years following the date of promulgation of this part the definition given in section 111(a) of the Act shall apply for the purpose of determining the required date of compliance with this part, as set forth in §55.3 of this part. Nearest Onshore Area (NOA) means, with respect to any existing or proposed OCS source, the onshore area that is geographically closest to that source. New source or new OCS source shall have the meaning given in the applicable requirements of §§55.13 and 55.14 of this part, except that for two years following the date of promulgation of this part, the definition given in §55.3 of this part shall apply for the purpose of determining the required date of compliance with this part. OCS source means any equipment, activity, or facility which: (1) Emits or has the potential to emit any air pollutant; (2) Is regulated or authorized under the Outer Continental Shelf Lands Act (“OCSLA”) (43 U.S.C. §1331 et seq.); and (3) Is located on the OCS or in or on waters above the OCS. This definition shall include vessels only when they are: (1) Permanently or temporarily attached to the seabed and erected thereon and used for the purpose of exploring, developing or producing resources therefrom, within the meaning of section 4(a)(1) of OCSLA (43 U.S.C. §1331 et seq.); or (2) Physically attached to an OCS facility, in which case only the stationary sources aspects of the vessels will be regulated. Onshore area means a coastal area designated as an attainment, nonattainment, or unclassifiable area by EPA in accordance with section 107 of the Act. If the boundaries of an area designated pursuant to section 107 of the Act do not coincide with the boundaries of a single onshore air pollution control agency, then onshore area shall mean a coastal area defined by the jurisdictional boundaries of an air pollution control agency. Outer continental shelf shall have the meaning provided by section 2 of the OCSLA (43 U.S.C. §1331 et seq.). Potential emissions means the maximum emissions of a pollutant from an OCS source operating at its design capacity. Any physical or operational limitation on the capacity of a source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as a limit on the design capacity of the source if the limitation is federally enforceable. Pursuant to section 328 of the Act, emissions from vessels servicing or associated with an OCS source shall be considered direct emissions from such a source while at the source, and while enroute to or from the source when within 25 miles of the source, and shall be included in the “potential to emit” for an OCS source. This definition does not alter or affect the use of this term for any other purposes under §§55.13 or 55.14 of this part, except that vessel emissions must be included in the “potential to emit” as used in §§55.13 and 55.14 of this part. Residual emissions means the difference in emissions from an OCS source if it applies the control requirements(s) imposed pursuant to §55.13 or §55,14 of this part and emissions from that source if it applies a substitute control requirement pursuant to an exemption granted under §55.7 of this part. State means the State air pollution control agency that would be the permitting authority, a local air pollution permitting agency, or certain Indian tribes which can be the permitting authority for areas within their jurisdiction. State may also be used in the geographic sense to refer to a State, the NOA, or the COA. [57 FR 40806, Sept. 4, 1992, as amended at 62 FR 46408, Sept. 2, 1997] § 55.3 Applicability. top (a) This part applies to all OCS sources except those located in the Gulf of Mexico west of 87.5 degrees longitude. (b) OCS sources located within 25 miles of States' seaward boundaries shall be subject to all the requirements of this part, which include, but are not limited to, the Federal requirements as set forth in §55.13 of this part and the Federal, State, and local requirements of the COA (designated pursuant to §55.5 of this part), as set forth in §55.14 of this part. (c) The OCS sources located beyond 25 miles of States' seaward boundaries shall be subject to all the requirements of this part, except the requirements of §§55.4, 55.5, 55.12 and 55.14 of this part. (d) New OCS sources shall comply with the requirements of this part by September 4, 1992 where a “new OCS source” means an OCS source that is a new source within the meaning of section 111(a) of the Act. (e) Existing sources shall comply with the requirements of this part by September 4, 1994, where an “existing OCS source” means any source that is not a new source within the meaning of section 111(a) of the Act. [57 FR 40806, Sept. 4, 1992, as amended at 62 FR 46408, Sept. 2, 1997] § 55.4 Requirements to submit a notice of intent. top (a) Prior to performing any physical change or change in method of operation that results in an increase in emissions, and not more than 18 months prior to submitting an application for a preconstruction permit, the applicant shall submit a Notice of Intent (“NOI”) to the Administrator through the EPA Regional Office, and at the same time shall submit copies of the NOI to the air pollution control agencies of the NOA and onshore areas adjacent to the NOA. This section applies only to sources located within 25 miles of States' seaward boundaries. (b) The NOI shall include the following: (1) General company information, including company name and address, owner's name and agent, and facility site contact. (2) Facility description in terms of the proposed process and products, including identification by Standard Industrial Classification Code. (3) Estimate of the proposed project's potential emissions of any air pollutant, expressed in total tons per year and in such other terms as may be necessary to determine the applicability of requirements of this part. Potential emissions for the project must include all vessel emissions associated with the proposed project in accordance with the definition of potential emissions in §55.2 of this part. (4) Description of all emissions points including associated vessels. (5) Estimate of quantity and type of fuels and raw materials to be used. (6) Description of proposed air pollution control equipment. (7) Proposed limitations on source operations or any work practice standards affecting emissions. (8) Other information affecting emissions, including, where applicable, information related to stack parameters (including height, diameter, and plume temperature), flow rates, and equipment and facility dimensions. (9) Such other information as may be necessary to determine the applicability of onshore requirements. (10) Such other information as may be necessary to determine the source's impact in onshore areas. (c) Exploratory sources and modifications to existing sources with designated COAs shall be exempt from the requirement in paragraph (b)(10) of this section. (d) The scope and contents of the NOI shall in no way limit the scope and contents of the required permit application or applicable requirements given in this part. § 55.5 Corresponding onshore area designation. top (a) Proposed exploratory sources. The NOA shall be the COA for exploratory sources located within 25 miles of States' seaward boundaries. Paragraphs (b), (c), and (f) of this section are not applicable to these sources. (b) Requests for designation. (1) The chief executive officer of the air pollution control agency of an area that believes it has more stringent air pollution control requirements than the NOA for a proposed OCS source, may submit a request to be designated as the COA to the Administrator and at the same time shall send copies of the request to the chief executive officer of the NOA and to the proposed source. The request must be received by the Administrator within 60 days of the receipt of the NOI. If no requests are received by the Administrator within 60 days of the receipt of the NOI, the NOA will become the designated COA without further action. (2) No later than 90 days after the receipt of the NOI, a demonstration must be received by the Administrator showing that: (i) The area has more stringent requirements with respect to the control and abatement of air pollution than the NOA; (ii) The emissions from the source are or would be transported to the requesting area; and (iii) The transported emissions would affect the requesting area's efforts to attain or maintain a Federal or State ambient air quality standard or to comply with the requirements of part C of title I of the Act, taking into account the effect of air pollution control requirements that would be imposed if the NOA were designated as the COA. (c) Determination by the Administrator. (1) If no demonstrations are received by the Administrator within 90 days of the receipt of the NOI, the NOA will become the designated COA without further action. (2) If one or more demonstrations are received, the Administrator will issue a preliminary designation of the COA within 150 days of the receipt of the NOI, which shall be followed by a 30 day public comment period, in accordance with paragraph (f) of this section. (3) The Administrator will designate the COA for a specific source within 240 days of the receipt of the NOI. (4) When the Administrator designates a more stringent area as the COA with respect to a specific OCS source, the delegated agency in the COA will exercise all delegated authority. If there is no delegated agency in the COA, then EPA will issue the permit and implement and enforce the requirements of this part. The Administrator may retain authority for implementing and enforcing the requirements of this part if the NOA and the COA are in different States. (5) The Administrator shall designate the COA for each source only once in the source's lifetime. (d) Offset requirements. Offsets shall be obtained based on the applicable requirements of the COA, as set forth in §§55.13 and 55.14 of this part. (e) Authority to designate the COA. The authority to designate the COA for any OCS source shall not be delegated to a State or local agency, but shall be retained by the Administrator. (f) Administrative procedures and public participation. The Administrator will use the following public notice and comment procedures for processing a request for COA designation under this section: (1) Within 150 days from receipt of an NOI, if one or more demonstrations are received, the Administrator shall make a preliminary determination of the COA and shall: (i) Make available, in at least one location in the NOA and in the area requesting COA designation, a copy of all materials submitted by the requester, a copy of the Administrator's preliminary determination, and a copy or summary of other materials, if any, considered by the Administrator in making the preliminary determination; and (ii) Notify the public, by prominent advertisement in a newspaper of general circulation in the NOA and the area requesting COA designation, of a 30-day opportunity for written public comment on the available information and the Administrator's preliminary COA designation. (2) A copy of the notice required pursuant to paragraph (f)(1)(ii) of this section shall be sent to the requester, the affected source, each person from whom a written request of such notice has been received, and the following officials and agencies having jurisdiction over the COA and NOA: State and local air pollution control agencies, the chief executive of the city and county, the Federal Land Manager of potentially affected Class I areas, and any Indian governing body whose lands may be affected by emissions from the OCS source. (3) Public comments received in writing within 30 days after the date the public notice is made available will be considered by the Administrator in making the final decision on the request. All comments will be made available for public inspection. (4) The Administrator will make a final COA designation within 60 days after the close of the public comment period. The Administrator will notify, in writing, the requester and each person who has requested notice of the final action and will set forth the reasons for the determination. Such notification will be made available for public inspection. [57 FR 40806, Sept. 4, 1992, as amended at 61 FR 25151, May 20, 1996] § 55.6 Permit requirements. top (a) General provisions—(1) Permit applications. (i) The owner or operator of an OCS source shall submit to the Administrator or delegated agency all information necessary to perform any analysis or make any determination required under this section. (ii) Any application submitted pursuant to this part by an OCS source shall include a description of all the requirements of this part and a description of how the source will comply with the applicable requirements. For identification purposes only, the application shall include a description of those requirements that have been proposed by EPA for incorporation into this part and that the applicant believes, after diligent research and inquiry, apply to the source. (2) Exemptions. (i) When an applicant submits any approval to construct or permit to operate application to the Administrator or delegated agency it shall include a request for exemption from compliance with any pollution control technology requirement that the applicant believes is technically infeasible or will cause an unreasonable threat to health and safety. The Administrator or delegated agency shall act on the request for exemption in accordance with the procedures established in §55.7 of this part. (ii) A final permit shall not be issued under this part until a final determination is made on any exemption request, including those appealed to the Administrator in accordance with §55.7 of this part. (3) Administrative procedures and public participation. The Administrator will follow the applicable procedures of 40 CFR part 124 in processing applications under this part. Until 40 CFR part 124 has been modified to specifically reference permits issued under this part, the Administrator will follow the procedures in part 124 used to issue Prevention of Significant Deterioration (“PSD”) permits. (4) Source obligation. (i) Any owner or operator who constructs or operates an OCS source not in accordance with the application submitted pursuant to this part 55, or with any approval to construct or permit to operate, or any owner or operator of a source subject to the requirements of this part who commences construction after the effective date of this part without applying for and receiving approval under this part, shall be in violation of this part. (ii) Any owner or operator of a new OCS source who commenced construction prior to the promulgation date of this rule shall comply with the requirements of paragraph (e) of this section. (iii) Receipt of an approval to construct or a permit to operate from the Administrator or delegated agency shall not relieve any owner or operator of the responsibility to comply fully with the applicable provisions of any other requirements under Federal law. (iv) The owner or operator of an OCS source to whom the approval to construct or permit to operate is issued under this part shall notify all other owners and operators, contractors, and the subsequent owners and operators associated with emissions from the source, of the conditions of the permit issued under this part. (5) Delegation of authority. If the Administrator delegates any of the authority to implement and enforce the requirements of this section, the following provisions shall apply: (i) The applicant shall send a copy of any permit application required by this section to the Administrator through the EPA Regional Office at the same time as the application is submitted to the delegated agency. (ii) The delegated agency shall send a copy of any public comment notice required under this section or §§55.13 or 55.14 to the Administrator through the EPA Regional Office. (iii) The delegated agency shall send a copy of any preliminary determination and final permit action required under this section or §§55.13 or 55.14 to the Administrator through the EPA Regional Office at the time of the determination and shall make available to the Administrator any materials used in making the determination. (b) Preconstruction requirements for OCS sources located within 25 miles of States' seaward boundaries. (1) No OCS source to which the requirements of §§55.13 or 55.14 of this part apply shall begin actual construction after the effective date of this part without a permit that requires the OCS source to meet those requirements. (2) Any permit application required under this part shall not be submitted until the Administrator has determined whether a consistency update is necessary, pursuant to §55.12 of this part, and, if the Administrator finds an update to be necessary, has published a proposed consistency update. (3) The applicant may be required to obtain more than one preconstruction permit, if necessitated by partial delegation of this part or by the requirements of this section and §§55.13 and 55.14 of this part. (4) An approval to construct shall become invalid if construction is not commenced within 18 months after receipt of such approval, if construction is discontinued for a period of 18 months or more, or if construction is not completed within a reasonable time. The 18-month period may be extended upon a showing satisfactory to the Administrator or the delegated agency that an extension is justified. Sources obtaining extensions are subject to all new or interim requirements and a reassessment of the applicable control technology when the extension is granted. This requirement shall not supersede a more stringent requirement under §§55.13 or 55.14 of this part. (5) Any preconstruction permit issued to a new OCS source or modification shall remain in effect until it expires under paragraph (b)(4) of this section or is rescinded under the applicable requirements incorporated in §§55.13 and 55.14 of this part. (6) Whenever any proposed OCS source or modification to an existing OCS source is subject to action by a Federal agency that might necessitate preparation of an environmental impact statement pursuant to the National Environmental Policy Act (42 U.S.C. 4321), review by the Administrator conducted pursuant to this section shall be coordinated with the environmental reviews under that Act to the extent feasible and reasonable. (7) The Administrator or delegated agency and the applicant shall provide written notice of any permit application from a source, the emissions from which may affect a Class I area, to the Federal Land Manager charged with direct responsibility for management of any lands within the Class I area. Such notification shall include a copy of all information contained in the permit application and shall be given within 30 days of receipt of the application and at least 60 days prior to any public hearing on the preconstruction permit. (8) Modification of existing sources. The preconstruction requirements above shall not apply to a particular modification, as defined in §55.13 or §55.14 of this part, of an existing OCS source if: (i) The modification is necessary to comply with this part, and no other physical change or change in the method of operation is made in conjunction with the modification; (ii) The modification is made within 24 months of promulgation of this part; and (iii) The modification does not result in an increase, in excess of any de minimus levels contained in the applicable requirements of §§55.13 and 55.14, of potential emissions or actual hourly emissions of a pollutant regulated under the Act. (9) Compliance plans. Sources intending to perform modifications that meet all of the criteria of paragraph (b)(8) of this section shall submit a compliance plan to the Administrator or delegated agency prior to performing the modification. The compliance shall describe the schedule and method the source will use to comply with the applicable OCS requirements within 24 months of the promulgation date of this part and shall include a request for any exemptions from compliance with a pollution control technology requirement that the applicant believes is technically infeasible or will cause an unreasonable threat to health and safety. The Administrator or delegated agency shall act on the request for exemption in accordance with the procedures established in §55.7 of this part. (i) The Administrator or delegated agency shall review the compliance plan and provide written comments to the source within 45 days of receipt of such plan. The source shall provide a written response to such comments as required by the reviewing agency. (ii) Receipt and review of a compliance plan by the Administrator or delegated agency shall not relieve any owner or operator of an existing OCS source of the responsibility to comply fully with the applicable requirements of §§55.13 and 55.14 of this part within 24 months of promulgation of this part. (c) Operating permit requirements for sources located within 25 miles of States' seaward boundaries. (1) All applicable operating permit requirements listed in this section and incorporated into §§55.13 and 55.14 of this part shall apply to OCS sources. (2) The Administrator or delegated agency shall not issue a permit to operate to any existing OCS source that has not demonstrated compliance with all the applicable requirements of this part. (3) If the COA does not have an operating permits program approved pursuant to 40 CFR part 70 or if EPA has determined that the COA is not adequately implementing an approved program, the applicable requirements of 40 CFR part 71, the Federal operating permits program, shall apply to the OCS sources. The applicable requirements of 40 CFR part 71 will be implemented and enforced by the Administrator. The Administrator may delegate the authority to implement and enforce all or part of a Federal operating permits program to a State pursuant to §55.11 of this part. (d) Permit requirements for sources located beyond 25 miles of States' seaward boundaries. (1) OCS sources located beyond 25 miles of States' seaward boundaries shall be subject to the permitting requirements set forth in this section and §55.13 of this part. (2) The Administrator or delegated agency shall not issue a permit-to-operate to any existing OCS source that has not demonstrated compliance with all the applicable requirements of this part. (e) Permit requirements for new sources that commenced construction prior to September 4, 1992—(1) Applicability. §55.6(e) applies to a new OCS source, as defined by section 328 of the Act, that commenced construction before September 4, 1992. (2) A source subject to §55.6(e) shall comply with the following requirements: (i) By October 5, 1992, the owner or operator of the source shall submit a transitional permit application (“TPA”) to the Administrator or the delegated agency. The TPA shall include the following: (A) The information specified in §§55.4(b)(1) through §55.4(b)(9) of this part; (B) A list of all requirements applicable to the source under this part; (C) A request for exemption from compliance with any control technology requirement that the applicant believes is technically infeasible or will cause an unreasonable threat to health and safety; (D) An air quality screening analysis demonstrating whether the source has or is expected in the future to cause or contribute to a violation of any applicable State or Federal ambient air quality standard or exceed any applicable increment. If no air quality analysis is required by the applicable requirements of §§55.13 and 55.14, this requirement does not apply; (E) Documentation that source emissions are currently being offset, or will be offset if the source has not commenced operation, at the ratio required under this part, and documentation that those offsets meet or will meet the requirements of this part; and (F) A description of how the source is complying with the applicable requirements of §§55.13 and 55.14 of this part, including emission levels and corresponding control measures, including Best Available Control Technology (“BACT”) or Lowest Achievable Emission Rates (“LAER”), but excluding the requirements to have valid permits. (ii) The source shall expeditiously complete its permit application in compliance with the schedule determined by the Administrator or delegated agency. (iii) The source shall comply with all applicable requirements of this part except for the requirements of paragraph (a)(4)(i) of this section. The source shall comply with the control technology requirements (such as BACT or LAER) set forth in the TPA that would be applicable if the source had a valid permit. (iv) Any owner or operator subject to this subsection who continues to construct or operate an OCS source thirty days from promulgation of this part without submitting a TPA, or continues to construct or operate an OCS source not in accordance with the TPA submitted pursuant to paragraph (e) of this section, or constructs or operates an OCS source not in accordance with the schedule determined by the permitting authority, shall be in violation of this part. (3) Upon the submittal of a permit application deemed to be complete by the permitting authority, the owner or operator of the source shall be subject to the permitting requirements of §§55.13 and 55.14 of this part that apply subsequent to the submission of a complete permit application. When a source receives the permit or permits required under this part, its TPA shall expire. (4) Until the date that a source subject to this subsection receives the permit or permits required under this part, that source shall cease operation if, based on projected or actual emissions, the permitting authority determines that the source is currently or may in the future cause or contribute to a violation of a State or Federal ambient air quality standard or exceed any applicable increment. [57 FR 40806, Sept. 4, 1992, as amended at 61 FR 34228, July 1, 1996; 62 FR 46409, Sept. 2, 1997] § 55.7 Exemptions. top (a) Authority and criteria. The Administrator or the delegated agency may exempt a source from a control technology requirement of this part if the Administrator or the delegated agency finds that compliance with the control technology requirement is technically infeasible or will cause an unreasonable threat to health and safety. (b) Request for an exemption—(1) Permit application required. An applicant shall submit a request for an exemption from a control technology requirement at the same time as the applicant submits a preconstruction or operating permit application to the Administrator or delegated agency. (2) No permit application required. If no permit or permit modification is required, a request for an exemption must be received by the Administrator or delegated agency within 60 days from the date the control technology requirement is promulgated by EPA. (3) Compliance plan. An existing source that submits a compliance plan in accordance with §55.6(b) of this part shall submit all requests for exemptions at the same time as the compliance plan. For the purpose of applying §55.7 of this part, a request submitted with a compliance plan shall be treated in the same manner as a request that does not require a permit application. (4) Content of request. (i) The request shall include information that demonstrates that compliance with a control technology requirement of this part would be technically infeasible or would cause an unreasonable threat to health and safety. (ii) The request shall include a proposed substitute requirement(s) as close in stringency to the original requirement as possible. (iii) The request shall include an estimate of emission reductions that would be achieved by compliance with the original requirement, an estimate of emission reductions that would be achieved by compliance with the proposed substitute requirement(s) and an estimate of residual emissions. (iv) The request shall identify emission reductions of a sufficient quantity to offset the estimated residual emissions. Sources located beyond 25 miles from States' seaward boundaries shall consult with the Administrator to identify suitable emission reductions. (c) Consultation requirement. If the authority to grant or deny exemptions has been delegated, the delegated agency shall consult with the Minerals Management Service of the U.S. Department of Interior and the U.S. Coast Guard to determine whether the exemption will be granted or denied. (1) The delegated agency shall transmit to the Administrator (through the Regional Office), the Minerals Management Service, and the U.S. Coast Guard, a copy of the permit application, or the request if no permit is required, within 5 days of its receipt. (2) Consensus. If the delegated agency, the Minerals Management Service, and the U.S. Coast Guard reach a consensus decision on the request within 90 days from the date the delegated agency received the request, the delegated agency may issue a preliminary determination in accordance with the applicable requirements of paragraph (f) of this section. (3) No consensus. If the delegated agency, the Minerals Management Service, and the U.S. Coast Guard do not reach a consensus decision within 90 days from the date the delegated agency received the request, the request shall automatically be referred to the Administrator who will process the referral in accordance with paragraph (f)(3) of this section. The delegated agency shall transmit to the Administrator, within 91 days of its receipt, the request and all materials submitted with the request, such as the permit application or the compliance plan, and any other information considered or developed during the consultation process. (4) If a request is referred to the Administrator and the delegated agency issues a preliminary determination on a permit application before the Administrator issues a final decision on the exemption, the delegated agency shall include a notice of the opportunity to comment on the Administrator's preliminary determination in accordance with the procedures of paragraph (f)(4) of this section. (5) The Administrator's final decision on a request that has been referred pursuant to paragraph (c) of this section shall be incorporated into the final permit issued by the delegated agency. If no permit is required, the Administrator's final decision on the request shall be implemented and enforced by the delegated agency. (d) Preliminary determination. The Administrator or delegated agency shall issue a preliminary determination in accordance with paragraph (f) of this section. A preliminary determination shall propose to grant or deny the request for exemption. A preliminary determination to grant the request shall include proposed substitute control requirements and offsets necessary to comply with the requirements of paragraph (e) of this section. (e) Grant of exemption. (1) The source shall comply with a substitute requirement(s), equal to or as close in stringency to the original requirement as possible, as determined by the Administrator or delegated agency. (2) An OCS source located within 25 miles of States' seaward boundaries shall offset residual emissions resulting from the grant of an exemption request in accordance with the requirements of the Act and the regulations thereunder. The source shall obtain offsets in accordance with the applicable requirements as follows: (i) If offsets are required in the COA, a new source shall offset residual emissions in the same manner as all other new source emissions in accordance with the requirements of §55.5(d) of this part. (ii) If offsets are not required in the COA, a new source shall comply with an offset ratio of 1:1. (iii) An existing OCS source shall comply with an offset at a ratio of 1:1. (3) An OCS source located beyond 25 miles from States' seaward boundaries shall obtain emission reductions at a ratio determined by the Administrator to be adequate to protect State and Federal ambient air quality standards and to comply with part C of title I of the Act. (f) Administrative procedures and public participation—(1) Request submitted with a permit application. If a request is submitted with a permit application, the request shall be considered part of the permit application and shall be processed accordingly for the purpose of administrative procedures and public notice and comment requirements. The Administrator shall comply with the requirements of 40 CFR part 124 and the requirements set forth at §55.6 of this part. If the Administrator has delegated authority to a State, the delegated agency shall use its own procedures as deemed adequate by the Administrator in accordance with §55.11 of this part. These procedures must provide for public notice and comment on the preliminary determination. (2) Request submitted without a permit or with a compliance plan. If a permit is not required, the Administrator or the delegated agency shall issue a preliminary determination within 90 days from the date the request was received, and shall use the procedures set forth at paragraph (f)(4) of this section for processing a request. (3) Referral. If a request is referred to the Administrator pursuant to paragraph (c) of this section, the Administrator shall make a preliminary determination no later than 30 days after receipt of the request and any accompanying materials transmitted by the delegated agency. The Administrator shall use the procedures set forth at paragraph (f)(4) of this section for processing a request. (4) The Administrator or the delegated agency shall comply with the following requirements for processing requests submitted without a permit, with a compliance plan, and requests referred to the Administrator: (i) Issue a preliminary determination to grant or deny the request. A preliminary determination by the Administrator to deny a request shall be considered a final decision and will be accompanied by the reasons for the decision. As such, it is not subject to any further public notice, comment, or hearings. Written notice of the denial shall be given to the requester. (ii) Make available, in at least one location in the COA and NOA, a copy of all materials submitted by the requester, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary determination. (iii) Notify the public, by prominent advertisement in a newspaper of general circulation in the COA and NOA, of a 30-day opportunity for written public comment on the information submitted by the owner or operator and on the preliminary determination. (iv) Send a copy of the notice required pursuant to paragraph (f)(4)(iii) of this section to the requester, the affected source, each person from whom a written request of such notice has been received, and the following officials and agencies having jurisdiction over the COA and NOA: State and local air pollution control agencies, the chief executive of the city and county, the Federal Land Manager of potentially affected Class I areas, and any Indian governing body whose lands may be affected by emissions from the OCS source. (v) Consider written public comments received within 30 days after the date the public notice is made available when making the final decision on the request. All comments will be made available for public inspection. At the time that any final decision is issued, the Administrator or delegated agency will issue a response to comments. (vi) Make a final decision on the request within 30 days after the close of the public comment period. The Administrator or the delegated agency will notify, in writing, the applicant and each person who has submitted written comments, or from whom a written request of such notice has been received, of the final decision and will set forth the reasons. Such notification will be made available for public inspection. (5) Within 30 days after the final decision has been made on a request, the requester, or any person who filed comments on the preliminary determination, may petition the Administrator to review any aspect of the decision. Any person who failed to file comments on the preliminary decision may petition for administrative review only on the changes from the preliminary to the final determination. § 55.8 Monitoring, reporting, inspections, and compliance. top (a) The Administrator may require monitoring or reporting and may authorize inspections pursuant to section 114 of the Act and the regulations thereunder. Sources shall also be subject to the requirements set forth in §§55.13 and 55.14 of this part. (b) All monitoring, reporting, inspection and compliance requirements authorized under the Act shall apply. (c) An existing OCS source that is not required to obtain a permit to operate within 24 months of the date of promulgation of this part shall submit a compliance report to the Administrator or delegated agency within 25 months of promulgation of this part. The compliance report shall specify all the applicable OCS requirements of this part and a description of how the source has complied with these requirements. (d) The Administrator or the delegated agency shall consult with the Minerals Management Service and the U.S. Coast Guard prior to inspections. This shall in no way interfere with the ability of EPA or the delegated agency to conduct unannounced inspections. (Approved by the Office of Management and Budget under control number 2060–0249) [57 FR 40806, Sept. 4, 1992, as amended at 58 FR 16626, Mar. 30, 1993] § 55.9 Enforcement. top (a) OCS sources shall comply with all requirements of this part and all permits issued pursuant to this part. Failure to do so shall be considered a violation of section 111(e) of the Act. (b) All enforcement provisions of the Act, including, but not limited to, the provisions of sections 113, 114, 120, 303 and 304 of the Act, shall apply to OCS sources. (c) If a facility is ordered to cease operation of any piece of equipment due to enforcement action taken by EPA or a delegated agency pursuant to this part, the shutdown will be coordinated by the enforcing agency with the Minerals Management Service and the U.S. Coast Guard to assure that the shutdown will proceed in a safe manner. No shutdown action will occur until after consultation with these agencies, but in no case will initiation of the shutdown be delayed by more than 24 hours. § 55.10 Fees. top (a) OCS sources located within 25 miles of States' seaward boundaries. (1) The EPA will calculate and collect operating permit fees from OCS sources in accordance with the requirements of 40 CFR part 71. (2) EPA will collect all other fees from OCS sources calculated in accordance with the fee requirements imposed in the COA if the fees are based on regulatory objectives, such as discouraging emissions. If the fee requirements are based on cost recovery objectives, however, EPA will adjust the fees to reflect the costs to EPA to issue permits and administer the permit program. (3) Upon delegation, the delegated agency will collect fees from OCS sources calculated in accordance with the fee requirements imposed in the COA. Upon delegation of authority to implement and enforce any portion of this part, EPA will cease to collect fees imposed in conjunction with that portion. (b) The OCS sources located beyond 25 miles of States' seaward boundaries. The EPA will calculate and collect operating permit fees from OCS sources in accordance with the requirements of 40 CFR part 71. [57 FR 40806, Sept. 4, 1992, as amended at 61 FR 34228, July 1, 1996] § 55.11 Delegation. top (a) The Governor or the Governor's designee of any State adjacent to an OCS source subject to the requirements of this part may submit a request, purusant to section 328(a)(3) of the Act, to the Administrator for the authority to implement and enforce the requirements of this OCS program: Within 25 miles of the State's seaward boundary; and/or Beyond 25 miles of the State's seaward boundary. Authority to implement and enforce §§55.5, 55.11, and 55.12 of this part will not be delegated. (b) The Administrator will delegate implementation and enforcement authority to a State if the State has an adjacent OCS source and the Administrator determines that the State's regulations are adequate, including a demonstration by the State that the State has: (1) Adopted the appropriate portions of this part into State law; (2) Adequate authority under State law to implement and enforce the requirements of this part. A letter from the State Attorney General shall be required stating that the requesting agency has such authority; (3) Adequate resources to implement and enforce the requirements of this part; and (4) Adequate administrative procedures to implement and enforce the requirements of this part, including public notice and comment procedures. (c) The Administrator will notify in writing the Governor or the Governor's designee of the Administrator's final action on a request for delegation within 6 months of the receipt of the request. (d) If the Administrator finds that the State regulations are adequate, the Administrator will authorize the State to implement and enforce the OCS requirements under State law. If the Administrator finds that only part of the State regulations are adequate, he will authorize the State to implement and enforce only that portion of this part. (e) Upon delegation, a State may use any authority it possesses under State law to enforce any permit condition or any other requirement of this part for which the agency has delegated authority under this part. A State may use anyauthority it possesses under State law to require monitoring and reporting and to conduct inspections. (f) Nothing in this part shall prohibit the Administrator from enforcing any requirement of this part. (g) The Administrator will withdraw a delegation of any authority to implement and enforce any or all of this part if the Administrator determines that: (1) The requirements of this part are not being adequately implemented or enforced by the delegated agency, or (2) The delegated agency no longer has adequate regulations as required by §55.11(b) of this part. (h) Sharing of information. Any information obtained or used in the administration of a delegated program shall be made available to EPA upon request without restriction. If the information has been submitted to the delegated agency under a claim of confidentiality, the delegated agency must notify the source of this obligation and submit that claim to EPA. Any information obtained from a delegated agency accompanied by a claim of confidentiality will be treated in accordance with the requirements of 40 CFR part 2. (i) Grant of exemptions. A decision by a delegated agency to grant or deny an exemption request may be appealed to the Administrator in accordance with §55.7 of this part. (j) Delegated authority. The delegated agency in the COA for sources located within 25 miles of the State's seaward boundary or the delegated agency in the NOA for sources located beyond 25 miles of the State's seaward boundary will exercise all delegated authority. If there is no delegated agency in the COA for sources located within 25 miles of the State's seaward boundary, or in the NOA for sources located beyond 25 miles of the State's seaward boundary, the EPA will issue the permit and implement and enforce the requirements of this part. For sources located within 25 miles of the State's seaward boundary, the Administrator may retain the authority for implementing and enforcing the requirements of this part if the NOA and COA are in different States. [57 FR 40806, Sept. 4, 1992, as amended at 62 FR 46409, Sept. 2, 1997] § 55.12 Consistency updates. top (a) The Administrator will update this part as necessary to maintain consistency with the regulations of onshore areas in order to attain and maintain Federal and State ambient standards and comply with part C of title I of the Act. (b) Where an OCS activity is occurring within 25 miles of a State seaward boundary, consistency reviews will occur at least annually. In addition, in accordance with paragraphs (c) and (d) of this section, consistency reviews will occur upon receipt of an NOI and when a State or local agency submits a rule to EPA to be considered for incorporation by reference in this part 55. (1) Upon initiation of a consistency review, the Administrator will evaluate the requirements of part 55 to determine whether they are consistent with the current onshore requirements. (2) If the Administrator finds that part 55 is inconsistent with the requirements in effect in the onshore area, EPA will conduct a notice and comment rulemaking to update part 55 accordingly. (c) Consistency reviews triggered by receipt of an NOI. Upon receipt of an NOI, the Administrator will initiate a consistency review of regulations in the onshore area. (1) If the NOI is submitted by a source for which the COA has previously been assigned, EPA will publish a proposed consistency update in the Federal Register no later than 60 days after the receipt of the NOI, if an update is deemed necessary by the Administrator: (2) If the NOI is submitted by a source requiring a COA designation, EPA will publish a proposed consistency update in the Federal Register, if an update is deemed necessary by the Administrator: (i) No later than 75 days after receipt of the NOI if no adjacent areas submit a request for COA designation and the NOA becomes the COA by default, or (ii) No later than 105 days after receipt of the NOI if an adjacent area submits a request to be designated as COA but fails to submit the required demonstration within 90 days of receipt of the NOI, or (iii) No later than 15 days after the date of the final COA determination if one or more demonstrations are received. (d) Consistency reviews triggered by State and local air pollution control agencies submitting rules directly to EPA for inclusion into part 55. (1) EPA will propose in the Federal Register to approve applicable rules submitted by State or local regulatory agencies for incorporation by reference into §55.14 of this part by the end of the calendar quarter following the quarter in which the submittal is received by EPA. (2) State and local rules submitted for inclusion in part 55 must be rationally related to the attainment and maintenance of Federal or State ambient air quality standards or to the requirements of part C of title I of the Act. The submittal must be legible and unmarked, with the adoption date and the name of the agency on each page, and must be accompanied by proof of adoption. (e) No rule or regulation that EPA finds to be arbitrary or capricious will be incorporated into this part. (f) A source may not submit a complete permit application until any update the Administrator deems necessary to make part 55 consistent with the COA's rules has been proposed. § 55.13 Federal requirements that apply to OCS sources. top (a) The requirements of this section shall apply to OCS sources as set forth below. In the event that a requirement of this section conflicts with an applicable requirement of §55.14 of this part and a source cannot comply with the requirements of both sections, the more stringent requirement shall apply. (b) In applying the requirements incorporated into this section: (1) New Source means new OCS source; and (2) Existing Source means existing OCS source; and (3) Modification means a modification to an OCS source. (4) For requirements adopted prior to promulgation of this part, language in such requirements limiting the applicability of the requirements to onshore sources or to sources within State boundaries shall not apply. (c) 40 CFR part 60 (NSPS) shall apply to OCS sources in the same manner as in the COA, except that any source determined to be an existing source pursuant to §55.3(e) of this part shall not be considered a “new source” for the purpose of NSPS adopted before December 5, 1991. (d) 40 CFR 52.21 (PSD) shall apply to OCS sources: (1) Located within 25 miles of a State's seaward boundary if the requirements of 40 CFR 52.21 are in effect in the COA; (2) Located beyond 25 miles of States' seaward boundaries. (e) 40 CFR part 61, together with any other provisions promulgated pursuant to section 112 of the Act, shall apply if rationally related to the attainment and maintenance of Federal or State ambient air quality standards or the requirements of part C of title I of the Act. (f) 40 CFR part 71 shall apply to OCS sources: (1) Located within 25 miles of States' seaward boundaries if the requirements of 40 CFR part 71 are in effect in the COA. (2) Located beyond 25 miles of States' seaward boundaries. (3) When an operating permits program approved pursuant to 40 CFR part 70 is in effect in the COA and a Federal operating permit is issued to satisfy an EPA objection pursuant to 40 CFR 71.4(e). (g) The provisions of 40 CFR 52.10, 40 CFR 52.24, and 40 CFR part 51 and accompanying appendix S shall apply to OCS sources located within 25 miles of States' seaward boundaries, if these requirements are in effect in the COA. (h) If the Administrator determines that additional requirements are necessary to protect Federal and State ambient air quality standards or to comply with part C of title I, such requirements will be incorporated in this part. [57 FR 40806, Sept. 4, 1992, as amended at 61 FR 34228, July 1, 1996] § 55.14 Requirements that apply to OCS sources located within 25 miles of States' seaward boundaries, by State. top (a) The requirements of this section shall apply to OCS sources as set forth below. In the event that a requirement of this section conflicts with an applicable requirement of §55.13 of this part and a source cannot comply with the requirements of both sections, the more stringent requirement shall apply. (b) In applying the requirements incorporated into this section: (1) New Source means new OCS source; and (2) Existing Source means existing OCS source; and (3) Modification means a modification to an existing OCS source. (4) For requirements adopted prior to promulgation of this part, language in such requirements limiting the applicability of the requirements to onshore sources or to sources within State boundaries shall not apply. (c) During periods of EPA implementation and enforcement of this section, the following shall apply: (1) Any reference to a State or local air pollution control agency or air pollution control officer shall mean EPA or the Administrator, respectively. (2) Any submittal to State or local air pollution control agency shall instead be submitted to the Administrator through the EPA Regional Office. (3) Nothing in this section shall alter or limit EPA's authority to administer or enforce the requirements of this part under Federal law. (4) EPA shall not be bound by any State or local administrative or procedural requirements including, but not limited to, requirements pertaining to hearing boards, permit issuance, public notice procedures, and public hearings. EPA will follow the applicable procedures set forth elsewhere in this part, in 40 CFR part 124, and in Federal rules promulgated pursuant to title V of the Act (as such rules apply in the COA), when administering this section. (5) Only those requirements of 40 CFR part 52 that are rationally related to the attainment and maintenance of Federal or State ambient air quality standards or part C of title I shall apply to OCS sources. (d) Implementation Plan Requirements. (1) [Reserved] (2) Alaska. (i) 40 CFR part 52, subpart C. (ii) [Reserved] (3) California. (i) 40 CFR part 52, subpart F. (ii) [Reserved] (4)–(5) [Reserved] (6) Florida. (i) 40 CFR part 52, subpart K. (ii) [Reserved] (7)–(16) [Reserved] (17) North Carolina. (i) 40 CFR part 52, subpart II. (ii) [Reserved] (18)–(23) [Reserved] (e) State and local requirements. State and local requirements promulgated by EPA as applicable to OCS sources located within 25 miles of States' seaward boundaries have been compiled into separate documents organized by State and local areas of jurisdiction. These documents, set forth below, are incorporated by reference. This incorporation by reference was approved by the Director of the Federal Register Office in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be inspected at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Copies of rules pertaining to particular States or local areas may be inspected or obtained from the EPA Air Docket (A–91–76), U.S. EPA, room M–1500, 401 M St., SW., Washington, DC 20460 or the appropriate EPA regional offices: U.S. EPA, Region 4 (Florida and North Carolina), 345 Courtland Street, NE., Atlanta, GA 30365; U.S. EPA, Region 9 (California), 75 Hawthorne Street, San Francisco, CA 94105; and U.S. EPA, Region 10 (Alaska), 1200 Sixth Avenue, Seattle, WA 98101. For an informational listing of the State and local requirements incorporated into this part, which are applicable to sources of air pollution located on the OCS, see appendix A to this part. (1) [Reserved] (2) Alaska. (i) State requirements. (A) State of Alaska Requirements Applicable to OCS Sources, July 2, 2000. (B) [Reserved] (ii) Local requirements. (A) South Central Alaska Clean Air Authority Requirements Applicable to OCS Sources, August 21, 1992. (B) [Reserved] (3) California. (i) State requirements. (A) State of California Requirements Applicable to OCS Sources. (ii) Local requirements. (A)–(D) [Reserved] (E) San Luis Obispo County Air Pollution Control District Requirements Applicable to OCS Sources, February 2000. (F) Santa Barbara County Air Pollution Control District Requirements Applicable to OCS Sources, February 2005. (G) South Coast Air Quality Management District Requirements Applicable to OCS Sources (Part I, II and Part III), February 2005. (H) Ventura County Air Pollution Control District Requirements Applicable to OCS Sources, February 2005. (4) and (5) [Reserved] (6) Florida. (i) State requirements. (A) State of Florida Requirements Applicable to OCS Sources, January 11, 1995. (B) [Reserved] (ii) Local requirements. (A) [Reserved] (7)–(16) [Reserved] (17) North Carolina. (i) State requirements. (A) State of North Carolina Air Pollution Control Requirements Applicable to OCS Sources, August 21, 1992. (B) [Reserved] (ii) Local requirements. (A) [Reserved] (18)–(23) [Reserved] [57 FR 40806, Sept. 4, 1992, as amended at 58 FR 16626, Mar. 30, 1993; 58 FR 59173, Nov. 8, 1993; 59 FR 17270, Apr. 12, 1994; 59 FR 50846, Oct. 6, 1994; 60 FR 47293, Sept. 12, 1995; 60 FR 55327, Oct. 31, 1995; 61 FR 28758, June 6, 1996; 62 FR 41871, Aug. 4, 1997; 65 FR 15869, Mar. 24, 2000; 66 FR 12984, Mar. 1, 2001; 67 FR 14648, Mar. 27, 2002; 69 FR 18803, Apr. 9, 2004; 70 FR 20055, Apr. 18, 2005] § 55.15 Specific designation of corresponding onshore areas. top (a) California. (1) The South Coast Air Quality Management District is designated as the COA for the following OCS facilities: Edith, Ellen, Elly, and Eureka. (2) The Ventura County Air Pollution Control District is designated as the COA for the following OCS facilities: Grace, Gilda, Gail and Gina. (3) The Santa Barbara County Air Pollution Control District is designated as the COA for the following OCS facilities: Habitat, Hacienda, Harmony, Harvest, Heather, Henry, Heritage, Hermosa, Hidalgo, Hillhouse, Hogan, Houchin, Hondo, Irene, Independence (formerly Iris), the OS and T, and Union A, B, and C. (b) [Reserved] [58 FR 14159, Mar. 16, 1993] Appendix A to Part 55—Listing of State and Local Requirements Incorporated by Reference Into Part 55, by State top This appendix lists the titles of the State and local requirements that are contained within the documents incorporated by reference into 40 CFR part 55. Alaska (a) State requirements. (1) The following State of Alaska requirements are applicable to OCS Sources, July 2, 2000. Alaska Administrative Code—Department of Environmental Conservation. The following sections of Title 18, Chapter 50: Article 1. Ambient Air Quality Management 18 AAC 50.005. Purpose and Applicability of Chapter. (effective 1/18/1997) 18 AAC 50.010. Ambient Air Quality Standards. (effective 6/21/1998) 18 AAC 50.015. Air Quality Designations, Classifications, And Control Regions. (effective 1/18/1997) Table 1. Air Quality Classifications 18 AAC 50.020. Baseline Dates, Maximum Allowable Increases, And Maximum Allowable Ambient Concentrations. (effective 6/21/1998) Table 2. Baseline Dates Table 3. Maximum Allowable Increases 18 AAC 50.025. Visibility and Other Special Protection Areas. (effective 1/18/1997) (a) [untitled] 18 AAC 50.030. State Air Quality Control Plan. (effective 9/04/1998) 18 AAC 50.035. Documents, Procedures, and Methods Adopted by Reference. (effective 7/02/2000) 18 AAC 50.045. Prohibitions. (effective 1/18/1997) 18 AAC 50.050. Incinerator Emission Standards. (effective 1/18/1997) Table 4. Particulate Matter Standards for Incinerators 18 AAC 50.055. Industrial Processes and Fuel-burning Equipment. (effective 11/04/1999) 18 AAC 50.065. Open Burning. (effective 1/18/1997) (a) General Requirements. (b) Black Smoke Prohibited. (c) Toxic and Acid Gases and Particulate Matter Prohibited. (d) Adverse Effects Prohibited. (e) Air Quality Advisory. (i) Firefighter Training: Fuel Burning. (j) Public Notice. (k) Complaints. 18 AAC 50.070. Marine Vessel Visible Emission Standards. (effective 6/21/1998) 18 AAC 50.080. Ice Fog Standards. (effective 1/18/1997) 18 AAC 50.100. Nonroad engines. (effective 1/18/1997) 18 AAC 50.110. Air Pollution Prohibited. (effective 5/26/1972) Article 2. Program Administration 18 AAC 50.201. Ambient Air Quality Investigation. (effective 1/18/1997) 18 AAC 50.205. Certification. (effective 1/18/1997) 18 AAC 50.210. Potential to Emit. (effective 1/18/1997) 18 AAC 50.215. Ambient Air Quality Analysis Methods. (effective 6/21/1998) 18 AAC 50.220. Enforceable Test Methods. (effective 1/18/1997) 18 AAC 50.225. Owner-requested Limits. (effective 6/21/1998) 18 AAC 50.230. Preapproved Limits. (effective 6/21/1998) 18 AAC 50.235. Unavoidable Emergencies and Malfunctions. (effective 6/14/1998) 18 AAC 50.240. Excess Emissions. (effective 1/18/1997) Article 3. Permit Procedures and Requirements 18 AAC 50.300. Construction Permits: Classifications. (effective 6/21/1998) (a) [untitled] (b) Ambient Air Quality Facilities. (c) Prevention of Significant Deterioration Major Facilities. (d) Nonattainment Major Facilities. (e) Major Facility Near a Nonattainment Area. (f) Hazardous Air Contaminant Major Facilities. (h) Modifications. (paragraphs 1 through 10) 18 AAC 50.305. Construction Permit Provisions Requested by the Owner or Operator. (effective 1/18/97) 18 AAC 50.310. Construction Permits: Application. (effective 1/18/1997) (a) Application Required. (b) Operating Permit Coordination. (c) General Information. (d) Prevention of Significant Deterioration Information. Table 6. Significant Concentrations (e) Excluded Ambient Air Monitoring. (f) Nonattainment Information. (g) Demonstration Required Near A Nonattainment Area. (h) Hazardous Air Contaminant Information. (j) Nonattainment Air Contaminant Reductions. (k) Revising Permit Terms. (l) Requested Limits. (m) Stack Injection. (n) Ambient Air Quality Information. 18 AAC 50.320. Construction Permits: Content and Duration. (effective 1/18/1997) 18 AAC 50.325. Operating Permits: Classifications. (effective 6/21/1998) 18 AAC 50.330. Operating Permits: Exemptions. (effective 1/18/1997) 18 AAC 50.335. Operating Permits: Application. (effective 6/21/1998) (a) Application Required. (b) Identification. (c) General Emission Information. (d) Fees. (e) Regulated Source Information. (f) Facility-wide Information: Ambient Air Quality. (g) Facility-wide Information: Owner Requested Limits. (h) Facility-wide Information: Emissions Trading. (i) Compliance Information. (j) Proposed Terms and Conditions. (k) Compliance Certifications. (l) Permit Shield. (m) Supporting Documentation. (n) Additional Information. (o) Certification of Accuracy and Completeness. (p) Renewals. (q) Insignificant Sources. (r) Insignificant Sources: Emission Rate Basis. (s) Insignificant Sources: Category Basis. (t) Insignificance Sources: Size or Production Rate Basis. (u) Insignificant Sources: Case-by-Case Basis. (v) Administratively Insignificant Sources. 18 AAC 50.340. Operating Permits: Review and Issuance. (effective 1/18/1997) (a) Review of Completeness. (b) Evaluation of Complete Applications. (c) Expiration of Application Shield. 18 AAC 50.341. Operating Permits: Reopenings. (paragraphs a, b, c, f, and g)(effective 6/14/1998) 18 AAC 50.345. Operating Permits: Standard Conditions. (effective 6/21/1998) 18 AAC 50.350. Operating Permits: Content. (effective 6/21/1998) (a) Purpose of Section (b) Standard Requirements. (c) Fee Information. (d) Source-Specific Permit Requirements. (e) Facility-Wide Permit Requirements. (f) Other Requirements. (g) Monitoring Requirements. (h) Records. (i) Reporting Requirements. (j) Compliance Certification. (k) Compliance Plan and Schedule. (l) Permit Shield. (m) Insignificant Sources. 18 AAC 50.355. Changes to a Permitted Facility. (effective 1/18/1997) 18 AAC 50.360. Facility Changes that Violate a Permit Condition. (effective 1/18/1997) 18 AAC 50.365. Facility Changes that do not Violate a Permit Condition. (effective 6/14/1998) 18 AAC 50.370. Administrative Revisions. (effective 6/14/1998) 18 AAC 50.375. Minor and Significant Permit Revisions. (effective 6/21/1998) 18 AAC 50.380. General Operating Permits. (effective 6/14/1998) 18 AAC 50.385. Permit-by-rule for Certain Small Storage Tanks. (effective 6/21/1998) Article 5. User Fees 18 AAC 50.400. Permit Administration Fees. (effective 6/21/1998) 18 AAC 50.410. Emission Fees. (effective 1/18/1997) 18 AAC 50.420. Billing Procedures. (effective 1/18/1997) Article 9. General Provisions 18 AAC 50.910. Establishing Level of Actual Emissions. (effective 1/18/1997) 18 AAC 50.990. Definitions. (effective 1/01/2000) California (a) State requirements. (1) The following requirements are contained in State of California Requirements Applicable to OCS Sources, February 2000. Barclays California Code of Regulations The following sections of Title 17 Subchapter 6: 17 §92000 Definitions (Adopted 5/31/91) 17 §92100 Scope and Policy (Adopted 5/31/91) 17 §92200 Visible Emission Standards (Adopted 5/31/91) 17 §92210 Nuisance Prohibition (Adopted 5/31/91) 17 §92220 Compliance with Performance Standards (Adopted 5/31/91) 17 §92400 Visible Evaluation Techniques (Adopted 5/31/91) 17 §92500 General Provisions (Adopted 5/31/91) 17 §92510 Pavement Marking (Adopted 5/31/91) 17 §92520 Stucco and Concrete (Adopted 5/31/91) 17 §92530 Certified Abrasive (Adopted 5/31/91) 17 §92540 Stucco and Concrete (Adopted 5/31/91) Health and Safety Code The following section of Division 26, Part 4, Chapter 4, Article 1: Health and Safety Code §42301.13 of seq. Stationary sources: demolition or removal (chaptered 7/25/96) (b) Local requirements. (1)–(4) [Reserved] (5) The following requirements are contained in San Luis Obispo County Air Pollution Control District Requirements Applicable to OCS Sources, February 2000: Rule 103 Conflicts Between District, State and Federal Rules (Adopted 8/6/76) Rule 105 Definitions (Adopted 1/24/96) Rule 106 Standard Conditions (Adopted 8/6/76) Rule 108 Severability (Adopted 11/13/84) Rule 113 Continuous Emissions Monitoring, except F. (Adopted 7/5/77) Rule 201 Equipment not Requiring a Permit, except A.1.b. (Revised 4/26/95) Rule 202 Permits, except A.4. and A.8. (Adopted 11/5/91) Rule 203 Applications, except B. (Adopted 11/5/91) Rule 204 Requirements, except B.3. and C. (Adopted 8/10/93) Rule 209 Provision for Sampling and Testing Facilities (Adopted 11/5/91) Rule 210 Periodic Inspection, Testing and Renewal of Permits to Operate (Adopted 11/5/91) Rule 213 Calculations, except E.4. and F. (Adopted 8/10/93) Rule 302 Schedule of Fees (Adopted 6/18/97) Rule 305 Fees for Major Non-Vehicular Sources (Adopted 9/15/92) Rule 401 Visible Emissions (Adopted 8/6/76) Rule 403 Particulate Matter Emissions (Adopted 8/6/76) Rule 404 Sulfur Compounds Emission Standards, Limitations and Prohibitions (Revised 12/6/76) Rule 405 Nitrogen Oxides Emission Standards, Limitations and Prohibitions (Adopted 11/16/93) Rule 406 Carbon Monoxide Emission Standards, Limitations and Prohibitions (Adopted 11/14/84) Rule 407 Organic Material Emission Standards, Limitations and Prohibitions (Adopted 5/22/96) Rule 411 Surface Coating of Metal Parts and Products (Adopted 1/28/98) Rule 416 Degreasing Operations (Adopted 6/18/79) Rule 417 Control of Fugitive Emissions of Volatile Organic Compounds (Adopted 2/9/93) Rule 419 Petroleum Pits, Ponds, Sumps, Well Cellars, and Wastewater Separators (Revised 7/12/94) Rule 422 Refinery Process Turnarounds (Adopted 6/18/79) Rule 425 Storage of Volatile Organic Compounds (Adopted 7/12/94) Rule 427 Marine Tanker Loading (Adopted 4/26/95) Rule 429 Oxides of Nitrogen and Carbon Monoxide Emissions from Electric Power Generation Boilers (Revised 11/12/97) Rule 430 Control of Oxides of Nitrogen from Industrial, Institutional, Commercial Boilers, Steam Generators, and Process Heaters (Adopted 7/26/95) Rule 431 Stationary Internal Combustion Engines (Adopted 11/13/96) Rule 501 General Burning Provisions (Adopted 1/10/89) Rule 503 Incinerator Burning, except B.1.a. (Adopted 2/7/89) Rule 601 New Source Performance Standards (Adopted 5/28/97) (6) The following requirements are containing in Santa Barbara County Air Pollution Control District Requirements Applicable to OCS Sources, February 2005: Rule 102 Definition (Adopted 6/19/03) Rule 103 Severability (Adopted 10/23/78) Rule 106 Notice to Comply for Minor Violations (Adopted 7/15/99) Rule 107 Emergencies (Adopted 4/19/01) 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 11/15/01) Rule 324 Disposal and Evaporation of Solvents (Adopted 10/23/78) Rule 325 Crude Oil Production and Separation (Adopted 7/19/01) Rule 326 Storage of Reactive Organic Liquid Compounds (Adopted 1/18/01) 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 346 Loading of Organic Liquid Cargo Vessels (Adopted 01/18/01) 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 360 Emissions of Oxides of Nitrogen from Large Water Heaters and Small Boilers (Adopted 10/17/02) 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 6/19/03) 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) (7) The following requirements are contained in South Coast Air Quality Management District Requirements Applicable to OCS Sources (Part I, II and III), February 2005: Rule 102 Definition of Terms (Adopted 10/19/01) Rule 103 Definition of Geographical Areas (Adopted 1/9/76) Rule 104 Reporting of Source Test Data and Analyses (Adopted 1/9/76) Rule 108 Alternative Emission Control Plans (Adopted 4/6/90) Rule 109 Recordkeeping for Volatile Organic Compound Emissions (Adopted 8/18/00) Rule 112 Definition of Minor Violation and Guidelines for Issuance of Notice to Comply (Adopted 11/13/98) Rule 118 Emergencies (Adopted 12/7/95) Rule 201 Permit to Construct (Adopted 1/5/90) Rule 201.1 Permit Conditions in Federally Issued Permits to Construct (Adopted 1/5/90) Rule 202 Temporary Permit to Operate (Adopted 5/7/76) Rule 203 Permit to Operate (Adopted 1/5/90) Rule 204 Permit Conditions (Adopted 3/6/92) Rule 205 Expiration of Permits to Construct (Adopted 1/5/90) Rule 206 Posting of Permit to Operate (Adopted 1/5/90) Rule 207 Altering or Falsifying of Permit (Adopted 1/9/76) Rule 208 Permit and Burn Authorization for Open Burning (12/21/01) Rule 209 Transfer and Voiding of Permits (Adopted 1/5/90) Rule 210 Applications (Adopted 1/5/90) Rule 212 Standards for Approving Permits (Adopted 12/7/95) except (c)(3) and (e) Rule 214 Denial of Permits (Adopted 1/5/90) Rule 217 Provisions for Sampling and Testing Facilities (Adopted 1/5/90) Rule 218 Continuous Emission Monitoring (Adopted 5/14/99) Rule 218.1 Continuous Emission Monitoring Performance Specifications (Adopted 5/14/99) Rule 218.1 Attachment A—Supplemental and Alternative CEMS Performance Requirements (Adopted 5/14/99) Rule 219 Equipment Not Requiring a Written Permit Pursuant to Regulation II (Adopted 5/19/00) Rule 220 Exemption—Net Increase in Emissions (Adopted 8/7/81) Rule 221 Plans (Adopted 1/4/85) Rule 301 Permit Fees (Adopted 5/11/01) except (e)(7)and Table IV Rule 304 Equipment, Materials, and Ambient Air Analyses (Adopted 5/11/01) Rule 304.1 Analyses Fees (Adopted 5/11/01) Rule 305 Fees for Acid Deposition (Adopted 10/4/91) Rule 306 Plan Fees (Adopted 5/11/01) Rule 309 Fees for Regulation XVI Plans (Adopted 5/11/01) Rule 401 Visible Emissions (Adopted 11/9/01) Rule 403 Fugitive Dust (Adopted 12/11/98) Rule 404 Particulate Matter—Concentration (Adopted 2/7/86) Rule 405 Solid Particulate Matter—Weight (Adopted 2/7/86) Rule 407 Liquid and Gaseous Air Contaminants (Adopted 4/2/82) Rule 408 Circumvention (Adopted 5/7/76) Rule 409 Combustion Contaminants (Adopted 8/7/81) Rule 429 Start-Up and Shutdown Provisions for Oxides of Nitrogen (Adopted 12/21/90) Rule 430 Breakdown Provisions, (a) and (e) only (Adopted 7/12/96) Rule 431.1 Sulfur Content of Gaseous Fuels (Adopted 6/12/98) Rule 431.2 Sulfur Content of Liquid Fuels (Adopted 9/15/00) Rule 431.3 Sulfur Content of Fossil Fuels (Adopted 5/7/76) Rule 441 Research Operations (Adopted 5/7/76) Rule 442 Usage of Solvents (Adopted 12/15/00) Rule 444 Open Burning (Adopted 12/21/01) Rule 463 Organic Liquid Storage (Adopted 3/11/94) Rule 465 Vacuum Producing Devices or Systems (Adopted 8/13/99) Rule 468 Sulfur Recovery Units (Adopted 10/8/76) Rule 473 Disposal of Solid and Liquid Wastes (Adopted 5/7/76) Rule 474 Fuel Burning Equipment—Oxides of Nitrogen (Adopted 12/4/81) Rule 475 Electric Power Generating Equipment (Adopted 8/7/78) Rule 476 Steam Generating Equipment (Adopted 10/8/76) Rule 480 Natural Gas Fired Control Devices (Adopted 10/7/77) Addendum to Regulation IV (Effective 1977) Rule 518 Variance Procedures for Title V Facilities (Adopted 8/11/95) Rule 518.1 Permit Appeal Procedures for Title V Facilities (Adopted 8/11/95) Rule 518.2 Federal Alternative Operating Conditions (Adopted 12/21/01) Rule 701 Air Pollution Emergency Contingency Actions (Adopted 6/13/97) Rule 702 Definitions (Adopted 7/11/80) Rule 708 Plans (Rescinded 9/8/95) Regulation IX New Source Performance Standards (Adopted 5/11/01) Reg. X National Emission Standards for Hazardous Air Pollutants (NESHAPS) (Adopted 5/11/01) Rule 1105.1 Reduction of PM10 and Ammonia Emissions From Fluid Catalytic Crackling Units (Adopted 11/7/03) Rule 1106 Marine Coatings Operations (Adopted 1/13/95) Rule 1107 Coating of Metal Parts and Products (Adopted 11/9/01) Rule 1109 Emissions of Oxides of Nitrogen for Boilers and Process Heaters in Petroleum Refineries (Adopted 8/5/88) Rule 1110 Emissions from Stationary Internal Combustion Engines (Demonstration) (Adopted 11/14/97) Rule 1110.1 Emissions from Stationary Internal Combustion Engines (Adopted 10/4/85) Rule 1110.2 Emissions from Gaseous- and Liquid Fueled Internal Combustion Engines (Adopted 11/14/97) Rule 1113 Architectural Coatings (Amended 12/05/03) Rule 1116.1 Lightering Vessel Operations—Sulfur Content of Bunker Fuel (Adopted 10/20/78) Rule 1121 Control of Nitrogen Oxides from Residential-Type Natural Gas-Fired Water Heaters (Adopted 12/10/99) Rule 1122 Solvent Degreasers (Adopted 12/06/02) Rule 1123 Refinery Process Turnarounds (Adopted 12/7/90) Rule 1125 Metal Containers, Closure, and Coil Coating Operations (1/13/95) Rule 1129 Aerosol Coatings (Adopted 3/8/96) Rule 1132 Further Control of VOC Emissions from High-Emitting Spray Booth Facilities (Adopted 1/19/01) Rule 1134 Emissions of Oxides of Nitrogen from Stationary Gas Turbines (Adopted 8/8/97) Rule 1136 Wood Products Coatings (Adopted 6/14/96) Rule 1137 PM10 Emission Reductions from Woodworking Operations (Adopted 2/01/02) Rule 1140 Abrasive Blasting (Adopted 8/2/85) Rule 1142 Marine Tank Vessel Operations (Adopted 7/19/91) Rule 1146 Emissions of Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters (Adopted 11/17/00) Rule 1146.1 Emission of Oxides of Nitrogen from Small Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters (Adopted 5/13/94) Rule 1146.2 Emissions of Oxides of Nitrogen from Large Water Heaters and Small Boilers (Adopted 1/9/98) Rule 1148 Thermally Enhanced Oil Recovery Wells (Adopted 11/5/82) Rule 1149 Storage Tank Degassing (Adopted 7/14/95) Rule 1162 Polyester Resin Operations (Amended 07/11/03) Rule 1168 Adhesive and Sealant Applications (Amended 10/3/03) Rule 1171 Solvent Cleaning Operations (Amended 11/7/03) Rule 1173 Fugitive Emissions of Volatile Organic Compounds (Adopted 12/06/02) Rule 1176 VOC Emissions from Wastewater Systems (Adopted 9/13/96) Rule 1178 Further Reductions of VOC Emissions from Storage Tanks at Petroleum Facilities (Adopted 12/21/01) Rule 1301 General (Adopted 12/7/95) Rule 1302 Definitions (Adopted 12/06/02) Rule 1303 Requirements (Adopted 12/06/02) Rule 1304 Exemptions (Adopted 6/14/96) Rule 1306 Emission Calculations (Adopted 12/06/02) Rule 1313 Permits to Operate (Adopted 12/7/95) Rule 1403 Asbestos Emissions from Demolition/Renovation Activities (Adopted 4/8/94) Rule 1605 Credits for the Voluntary Repair of On-Road Vehicles Identified Through Remote Sensing Devices (Adopted 10/11/96) Rule 1610 Old-Vehicle Scrapping (Adopted 2/12/99) Rule 1612 Credits for Clean On-Road Vehicles (Adopted 7/10/98) Rule 1612.1 Mobile Source Credit Generation Pilot Program (Adopted 3/16/01) Rule 1620 Credits for Clean Off-Road Mobile Equipment (Adopted 7/10/98) Rule 1701 General (Adopted 8/13/99) Rule 1702 Definitions (Adopted 8/13/99) Rule 1703 PSD Analysis (Adopted 10/7/88) Rule 1704 Exemptions (Adopted 8/13/99) Rule 1706 Emission Calculations (Adopted 8/13/99) Rule 1713 Source Obligation (Adopted 10/7/88) Regulation XVII Appendix (effective 1977) Rule 1901 General Conformity (Adopted 9/9/94) Rule 2000 General (Adopted 5/11/01) Rule 2001 Applicability (Adopted 2/14/97) Rule 2002 Allocations for Oxides of Nitrogen (NOX) and Oxides of Sulfur (SOX) Emissions (Adopted 5/11/01) Rule 2004 Requirements (Adopted 5/11/01) except (l) Rule 2005 New Source Review for RECLAIM (Adopted 4/20/01) except (i) Rule 2006 Permits (Adopted 5/11/01) Rule 2007 Trading Requirements (Adopted 5/11/01) Rule 2008 Mobile Source Credits (Adopted 10/15/93) Rule 2010 Administrative Remedies and Sanctions (Adopted 5/11/01) Rule 2011 Requirements for Monitoring, Reporting, and Recordkeeping for Oxides of Sulfur (SOx) Emissions (Adopted 5/11/01) Appendix A Volume IV—(Protocol for Oxides of Sulfur) (Adopted 3/10/95) Rule 2012 Requirements for Monitoring, Reporting, and Recordkeeping for Oxides of Nitrogen (NOX) Emissions (Adopted 5/11/01) Appendix A Volume V—(Protocol for Oxides of Nitrogen) (Adopted 3/10/95) Rule 2015 Backstop Provisions (Adopted 5/11/11) except (b)(1)(G) and (b)(3)(B) Rule 2020 RECLAIM Reserve (Adopted 5/11/01) Rule 2100 Registration of Portable Equipment (Adopted 7/11/97) Rule 2506 Area Source Credits for NOX and SOX (Adopted 12/10/99) XXX Title V Permits Rule 3000 General (Adopted 11/14/97) Rule 3001 Applicability (Adopted 11/14/97) Rule 3002 Requirements (Adopted 11/14/97) Rule 3003 Applications (Adopted 3/16/01) Rule 3004 Permit Types and Content (Adopted 12/12/97) Rule 3005 Permit Revisions (Adopted 3/16/01) Rule 3006 Public Participation (Adopted 11/14/97) Rule 3007 Effect of Permit (Adopted 10/8/93) Rule 3008 Potential To Emit Limitations (3/16/01) XXXI Acid Rain Permit Program (Adopted 2/10/95) (8) The following requirements are contained in Ventura County Air Pollution Control District Requirements Applicable to OCS Sources, February 2005: Rule 2 Definitions (Adopted 4/13/04) Rule 5 Effective Date (Adopted 4/13/04) Rule 6 Severability (Adopted 11/21/78) Rule 7 Zone Boundaries (Adopted 6/14/77) Rule 10 Permits Required (Adopted 4/13/04) 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 (Revised 4/13/04) 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 5/14/02) Rule 26.2 New Source Review—Requirements (Adopted 5/14/02) Rule 26.3 New Source Review—Exemptions (Adopted 5/14/02) Rule 26.6 New Source Review—Calculations (Adopted 5/14/02) 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 26.11 New Source Review—ERC Evaluation At Time of Use (Adopted 5/14/02) Rule 28 Revocation of Permits (Adopted 7/18/72) Rule 29 Conditions on Permits (Adopted 10/22/91) Rule 30 Permit Renewal (Adopted 4/13/04) 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 4/10/01) Rule 33.2 Part 70 Permits—Application Contents (Adopted 4/10/01) Rule 33.3 Part 70 Permits—Permit Content (Adopted 4/10/01) Rule 33.4 Part 70 Permits—Operational Flexibility (Adopted 4/10/01) 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 4/10/01) Rule 33.8 Part 70 Permits—Reopening of Permits (Adopted 10/12/93) Rule 33.9 Part 70 Permits—Compliance Provisions (Adopted 4/10/01) 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 4/13/04) Rule 44 Exemption Evaluation Fee (Adopted 9/10/96) Rule 45 Plan Fees (Adopted 6/19/90) Rule 45.2 Asbestos Removal Fees (Adopted 8/4/92) Rule 47 Source Test, Emission Monitor, and Call-Back Fees (Adopted 6/22/99) Rule 50 Opacity (Adopted 4/13/04) Rule 52 Particulate Matter-Concentration (Adopted 4/13/04) Rule 53 Particulate Matter-Process Weight (Adopted 4/13/04) Rule 54 Sulfur Compounds (Adopted 6/14/94) Rule 56 Open Burning (Revised 11/11/03) Rule 57 Combustion Contaminants-Specific (Adopted 6/14/77) 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 4/13/04) 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 4/10/01) Rule 73 National Emission Standards for Hazardous Air Pollutants (NESHAPS (Adopted 04/10/01) Rule 74 Specific Source Standards (Adopted 7/6/76) Rule 74.1 Abrasive Blasting (Adopted 11/12/91) Rule 74.2 Architectural Coatings (Adopted 11/13/01) Rule 74.6 Surface Cleaning and Degreasing (Revised 11/11/03—effective 7/1/04) Rule 74.6.1 Batch Loaded Vapor Degreasers ( Adopted 11/11/03—effective 7/1/04) 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 11/14/00) Rule 74.10 Components at Crude Oil Production Facilities and Natural Gas Production and Processing Facilities (Adopted 3/10/98) 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 11/11/03) Rule 74.15 Boilers, Steam Generators and Process Heaters (Adopted 11/8/94) Rule 74.15.1 Boilers, Steam Generators and Process Heaters (Adopted 6/13/00) Rule 74.16 Oil Field Drilling Operations (Adopted 1/8/91) Rule 74.20 Adhesives and Sealants (Adopted 9/9/03) Rule 74.23 Stationary Gas Turbines (Adopted 1/08/02) Rule 74.24 Marine Coating Operations (Revised 11/11/03) Rule 74.24.1 Pleasure Craft Coating and Commercial Boatyard Operations (Adopted 1/08/02) 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 (Revised 11/11/03) Rule 75 Circumvention (Adopted 11/27/78) Rule 101 Sampling and Testing Facilities (Adopted 5/23/72) Rule 102 Source Tests (Adopted 4/13/04) 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) Florida (1) The following requirements are contained in State of Florida Requirements Applicable to OCS Sources, January 11, 1995: Florida Administrative Code-Department of Environmental Protection. The following sections of Chapter 62: 4.001 Scope of Part I (Adopted 8/31/88) 4.020 Definitions (Adopted 7/11/93) 4.021 Transferability of Definitions (Adopted 8/31/88) 4.030 General Prohibitions (Adopted 8/31/88) 4.040 Exemptions (Adopted 8/31/88) 4.050 Procedure to Obtain Permit; Application, except (4)(b) through (4)(l) and 4(r) (Adopted 11/23/94) 4.070 Standards for Issuing or Denying Permits; Issuance; Denial (Adopted 3/28/91) 4.080 Modification of Permit Conditions (Adopted 3/19/90) 4.090 Renewals (Adopted 7/11/93) 4.100 Suspension and Revocation (Adopted 8/31/88) 4.110 Financial Responsibility (Adopted 8/31/88) 4.120 Transfer of Permits (Adopted 3/19/90) 4.130 Plant Operation—Problems (Adopted 8/31/88) 4.160 Permit Conditions, except (16) and (17) (Adopted 7/11/93) 4.200 Scope of Part II (Adopted 8/31/88) 4.210 Construction Permits (Adopted 8/31/88) 4.220 Operation Permits for New Sources (Adopted 8/31/88) 4.510 Scope of Part III (Adopted 8/31/88) 4.520 Definitions (Adopted 7/11/90) 4.530 Procedures (Adopted 3/19/90) 4.540 General Conditions for all General Permits (Adopted 8/31/88) 210.100 Purpose and Scope (Adopted 11/23/94) 210.200 Definitions (Adopted 11/23/94) 210.300 Permits Required (Adopted 11/23/94) 210.360 Administrative Permit Corrections (Adopted 11/23/94) 210.370 Reports (Adopted 11/23/94) 210.400 Emission Estimates (Adopted 11/23/94) 210.500 Air Quality Models (Adopted 11/23/94) 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 (Adopted 11/23/94) 210.980 Severability (Adopted 9/25/92) 212.100 Purpose and Scope (Adopted 2/2/93) 212.200 Definitions (Adopted 2/2/93) 212.300 Sources Not Subject to Prevention of Significant Deterioration or Nonattainment Requirements (Adopted 9/25/92) 212.400 Prevention of Significant Deterioration (Adopted 2/2/93) 212.410 Best Available Control Technology (BACT) (Adopted 9/25/92) 212.500 New Source Review for Nonattainment Areas (Adopted 2/2/93) 212.510 Lowest Achievable Emission Rate (LAER) (Adopted 9/25/92) 212.600 Source Specific New Source Review Requirements (Adopted 9/25/92) 212.700 Source Reclassification (Adopted 9/25/92) 256.100 Declaration and Intent (Adopted 11/30/94) 256.200 Definitions (Adopted 11/30/94) 256.300 Prohibitions (Adopted 11/30/94) 256.450 Open Burning Allowed (Adopted 6/27/91) 256.600 Industrial, Commercial, Municipal and Research Open Burning (Adopted 8/26/87) 256.700 Open Burning Allowed (Adopted 11/30/94) 272.100 Purpose and Scope (Adopted 11/23/94) 272.200 Definitions (Adopted 11/23/94) 272.300 Ambient Air Quality Standards (Adopted 11/23/94) 272.500 Maximum Allowable Increases (Prevention of Significant Deterioration) (Adopted 11/23/94) 272.750 DER Ambient Test Methods (Adopted 9/25/92) 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 11/23/94) 296.200 Definitions (Adopted 11/23/94) 296.310 General Particulate Emission Limiting Standards (Adopted 11/23/94) 296.320 General Pollutant Emission Limiting Standards, except (2) (Adopted 2/2/93) 296.330 Best Available Control Technology (BACT) (Adopted 11/23/94) 296.400 Specific Emission Limiting and Performance Standards (Adopted 11/23/94) 296.500 Reasonably Available Control Technology (RACT)—Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) Emitting Facilities (Adopted 11/23/94) 296.570 Reasonably Available Control Technology (RACT)—Requirements for Major VOC- and NOX-Emitting Facilities (Adopted 11/23/94) 296.600 Reasonably Available Control Technology (RACT)—Lead (Adopted 8/8/94) 296.601 Lead Processing Operations in General (Adopted 8/8/94) 296.700 Reasonably Available Control Technology (RACT)—Particulate Matter, except (2)(f) (Adopted 11/23/94) 296.800 Standards of Performance for New Stationary Sources (NSPS) (Adopted 11/23/94) 296.810 National Emission Standards for Hazardous Air Pollutants (NESHAP)—Part 61 (Adopted 11/23/94) 296.820 National Emission Standards for Hazardous Air Pollutants (NESHAP)—Part 63 (Adopted 11/23/94) 297.100 Purpose and Scope (Adopted 11/23/94) 297.200 Definitions (Adopted 11/23/94) 297.310 General Test Requirements (Adopted 11/23/94) 297.330 Applicable Test Procedures (Adopted 11/23/94) 297.340 Frequency of Compliance Tests (Adopted 11/23/94) 297.345 Stack Sampling Facilities Provided by the Owner of an Air Pollution Point Source (Adopted 11/23/94) 297.350 Determination of Process Variables (Adopted 11/23/94) 297.400 EPA Methods Adopted by Reference (Adopted 11/23/94) 297.401 EPA Test Procedures (Adopted 11/23/94) 297.411 DER Method 1 (Adopted 11/23/94) 297.412 DER Method 2 (Adopted 12/2/92) 297.413 DER Method 3 (Adopted 12/2/92) 297.414 DER Method 4 (Adopted 12/2/92) 297.415 DER Method 5 (Adopted 11/23/94) 297.416 DER Method 5A (Adopted 12/2/92) 297.417 DER Method 6 (Adopted 11/23/94) 297.418 DER Method 7 (Adopted 12/2/92) 297.419 DER Method 8 (Adopted 12/2/92) 297.420 DER Method 9 (Adopted 11/23/94) 297.421 DER Method 10 (Adopted 12/2/92) 297.422 DER Method 11 (Adopted 12/2/92) 297.423 DER Method 12—Determination of Inorganic Lead Emissions from Stationary Sources (Adopted 11/23/94) 297.424 DER Method 13 (Adopted 12/2/92) 297.440 Supplementary Test Procedures (Adopted 11/23/94) 297.450 EPA VOC Capture Efficiency Test Procedures (Adopted 11/23/94) 297.520 EPA Performance Specifications (Adopted 11/23/94) 297.570 Test Report (Adopted 11/23/94) 297.620 Exceptions and Approval of Alternate Procedures and Requirements (Adopted 11/23/94) (b) Local requirements. (1) [Reserved] North Carolina (a) State requirements. (1) The following requirements are contained in State of North Carolina Air Pollution Control Requirements Applicable to OCS Sources, August 21, 1992: The following sections of Subchapters 2D and 2H: 2D.0101 Definitions (Adopted 12/1/89) 2D.0104 Adoption by Reference Updates (Adopted 10/1/89) 2D.0201 Classification of Air Pollution Sources (Adopted 7/1/84) 2D.0202 Registration of Air Pollution Sources (Adopted 6/1/85) 2D.0303 Emission Reduction Plans (Adopted 7/1/84) 2D.0304 Preplanned Abatement Program (Adopted 7/1/88) 2D.0305 Emission Reduction Plan; Alert Level (Adopted 7/1/84) 2D.0306 Emission Reduction Plan; Warning Level (Adopted 7/1/84) 2D.0307 Emission Reduction Plan; Emergency Level (Adopted 7/1/84) 2D.0401 Purpose (Adopted 10/1/89) 2D.0501 Compliance with Emission Control Standards (Adopted 10/1/89) 2D.0502 Purpose (Adopted 6/1/85) 2D.0503 Particulates from Fuel Burning Indirect Heat Exchanger (Adopted 6/1/85) 2D.0505 Control of Particulate from Incinerators (Adopted 7/1/87) 2D.0510 Particulates: Sand, Gravel and Crushed Stone Operations (Adopted 1/1/85) 2D.0511 Particulates, SO2 from Lightweight Aggregate Processes (Adopted 10/1/89) 2D.0515 Particulates from Miscellaneous Industrial Processes (Adopted 1/1/85) 2D.0516 Sulfur Dioxide Emissions Combustion Sources (Adopted 10/1/89) 2D.0518 Miscellaneous Volatile Organic Compound Emissions (Adopted 2/1/83) 2D.0519 Control of Nitrogen Dioxide Emissions (Adopted 10/1/89) 2D.0520 Control and Prohibition of Open Burning (Adopted 1/1/85) 2D.0521 Control of Visible Emissions (Adopted 8/1/87) 2D.0530 Prevention of Significant Deterioration (Adopted 10/1/89) 2D.0531 Sources in Nonattainment Area (Adopted 12/1/89) 2D.0532 Sources Contributing to an Ambient Violation (Adopted 10/1/89) 2D.0533 Stack Height (Adopted 7/1/87) 2D.0535 Excess Emissions Reporting and Malfunctions, (a) and (f) only. (Adopted 5/1/90) 2D.0537 Control of Mercury Emissions (Adopted 6/1/85) 2D.0601 Purpose and Scope (Adopted 7/1/84) 2D.0602 Definitions (Adopted 7/1/84) 2D.0604 Sources Covered by Implementation Plan Requirements (Adopted 7/1/88) 2D.0606 Other Coal or Residual Oil Burners (Adopted 5/1/85) 2D.0607 Exceptions to Monitoring and Reporting (Adopted 7/1/84) 2D.0901 Definitions (Adopted 12/1/89) 2D.0902 Applicability (Adopted 5/1/90) 2D.0903 Recordkeeping, Reporting, Monitoring (Adopted 12/1/89) 2D.0906 Circumvention (Adopted 1/1/85) 2D.0912 General Provisions on Test Methods and Procedures (Adopted 12/1/89) 2D.0914 Determination of VOC Emission Control System Efficiency (Adopted 1/1/85) 2D.0925 Petroleum Liquid Storage (Adopted 12/1/89) 2D.0933 Petroleum Liquid Storage in External Floating Roof Tanks (Adopted 12/1/89) 2D.0939 Determination of Volatile Organic Compound Vapor Emissions (Adopted 7/1/88) 2D.1101 Purpose (Adopted 5/1/90) 2D.1102 Applicability (Adopted 5/1/90) 2D.1103 Definition (Adopted 5/1/90) 2D.1104 Toxic Air Pollutant Guidelines (Adopted 5/1/90) 2D.1105 Facility Reporting, Recordkeeping (Adopted 5/1/90) 2D.1106 Determination of Ambient Air Concentrations (Adopted 5/1/90) 2D.1107 Multiple Facilities (Adopted 5/1/90) 2D.1108 Multiple Pollutants (Adopted 5/1/90) 2H.0601 Purpose and Scope (Adopted 10/1/89) 2H.0602 Definitions (Adopted 5/1/90) 2H.0603 Applications (Adopted 12/1/89) 2H.0609 Permit Fees (Adopted 8/1/88) 2H.0610 Permit Requirements for Toxic Air Pollutants (Adopted 5/1/90) (b) Local requirements. (1) [Reserved] [57 FR 40806, Sept. 4, 1992, as amended at 58 FR 16626, Mar. 30, 1993; 58 FR 59173, Nov. 8, 1993; 59 FR 17271, Apr. 12, 1994; 59 FR 50846, Oct. 6, 1994; 60 FR 47293, Sept. 12, 1995; 60 FR 55328, Oct. 31, 1995; 61 FR 28758, June 6, 1996; 62 FR 41871, Aug.4, 1997; 65 FR 15870, Mar. 24, 2000; 66 FR 12984, Mar. 1, 2001; 67 FR 14648, Mar. 27, 2002; 70 FR 20055, Apr. 18, 2005]