Collapse to view only § 55.4 - Requirements to submit a notice of intent.
- § 55.1 - Statutory authority and scope.
- § 55.2 - Definitions.
- § 55.3 - Applicability.
- § 55.4 - Requirements to submit a notice of intent.
- § 55.5 - Corresponding onshore area designation.
- § 55.6 - Permit requirements.
- § 55.7 - Exemptions.
- § 55.8 - Monitoring, reporting, inspections, and compliance.
- § 55.9 - Enforcement.
- § 55.10 - Fees.
- § 55.11 - Delegation.
- § 55.12 - Consistency updates.
- § 55.13 - Federal requirements that apply to OCS sources.
- § 55.14 - Requirements that apply to OCS sources located within 25 miles of States' seaward boundaries, by State.
- § 55.15 - Specific designation of corresponding onshore areas.
- APPENDIX Appendix A - Appendix A to Part 55—Listing of State and Local Requirements Incorporated by Reference Into Part 55, by State
§ 55.1 - Statutory authority and scope.
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.
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.
§ 55.3 - Applicability.
(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.
§ 55.4 - Requirements to submit a notice of intent.
(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.
(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, which may be a public Web site identified by the Administrator, 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 or on a public Web site identified by the Administrator, 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.
§ 55.6 - Permit requirements.
(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 71 or 40 CFR part 124 in processing applications under this part. When using 40 CFR part 124, the Administrator will follow the procedures 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 minimis 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.
§ 55.7 - Exemptions.
(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, which may be a public Web site identified by the Administrator or delegated agency, 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 or on a public Web site identified by the Administrator or delegated agency, 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.
(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.
§ 55.9 - Enforcement.
(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.
(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.
§ 55.11 - Delegation.
(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 any authority 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.
§ 55.12 - Consistency updates.
(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
(2) If the NOI is submitted by a source requiring a COA designation, EPA will publish a proposed consistency update in the
(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
(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.
(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.
§ 55.14 - Requirements that apply to OCS sources located within 25 miles of States' seaward boundaries, by State.
(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) [Reserved]
(5) Delaware.
(i) 40 CFR part 52, subpart I.
(ii) [Reserved]
(6) Florida.
(i) 40 CFR part 52, subpart K.
(ii) [Reserved]
(7)-(9) [Reserved]
(10) Maryland.
(i) 40 CFR part 52, subpart V.
(ii) [Reserved]
(11) Massachusetts.
(i) 40 CFR part 52, subpart W.
(ii) [Reserved]
(12)-(14) [Reserved]
(15) New Jersey
(i) 40 CFR part 52, subpart FF.
(ii) [Reserved]
(16) New York.
(i) 40 CFR part 52, subpart HH.
(ii) [Reserved]
(17) North Carolina.
(i) 40 CFR part 52, subpart II.
(ii) [Reserved]
(18)-(21) [Reserved]
(22) Virginia.
(i) 40 CFR part 52, subpart VV.
(ii) [Reserved]
(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 40 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 Docket Center—Public Reading Room, EPA West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004 or the appropriate EPA regional offices: U.S. EPA, Region 1 (Massachusetts), One Congress Street, Boston, MA 02114-2023; U.S. EPA, Region 2 (New Jersey and New York), 290 Broadway, New York, NY 10007-1866; U.S. EPA, Region 3 (Delaware), 1650 Arch Street, Philadelphia, PA 19103, (215) 814-5000; U.S. EPA, Region 4 (Florida and North Carolina), 61 Forsyth Street, Atlanta, GA 30303; 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, September 15, 2018.
(B) [Reserved]
(ii) Local requirements.
(A)—(B) [Reserved]
(3) California.
(i) State requirements.
(A) State of California Requirements Applicable to OCS Sources, February 2006.
(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, April 2019.
(G) South Coast Air Quality Management District Requirements Applicable to OCS Sources (Parts I, II and III), September 2009.
(H) Ventura County Air Pollution Control District Requirements Applicable to OCS Sources, parts 1 and 2, April 2017.
(4) [Reserved]
(5) Delaware.
(i) State requirements.
(A) State of Delaware Requirements Applicable to OCS Sources, November 11, 2018.
(B) [Reserved]
(ii) Local requirements.
(A) [Reserved]
(6) Florida.
(i) State requirements.
(A) State of Florida Requirements Applicable to OCS Sources, January 2, 2008.
(B) [Reserved]
(ii) Local requirements.
(A) [Reserved]
(7)-(9) [Reserved]
(10) Maryland.
(i) State requirements.
(A) State of Maryland Requirements Applicable to OCS Sources, July 28, 2022.
(B) [Reserved]
(ii) Local requirements.
(A) [Reserved]
(11) Massachusetts.
(i) State requirements.
(A) Commonwealth of Massachusetts Requirements Applicable to OCS Sources, March 5, 2021.
(B) [Reserved]
(ii) Local requirements.
(A) [Reserved]
(12)-(14) [Reserved]
(15) New Jersey
(i) State Requirements.
(A) State of New Jersey Requirements Applicable to OCS Sources, October 6, 2021.
(B) [Reserved]
(ii) Local requirements.
(A) [Reserved]
(16) New York.
(i) State Requirements.
(A) State of New York Requirements Applicable to OCS Sources, March 10, 2022.
(B) [Reserved]
(ii) Local requirements.
(A) [Reserved]
(17) North Carolina.
(i) State requirements.
(A) State of North Carolina Air Pollution Control Requirements Applicable to OCS Sources, November 8, 2023.
(B) [Reserved]
(ii) Local requirements.
(A) [Reserved]
(18)-(21) [Reserved]
(22) Virginia.
(i) State requirements.
(A) Commonwealth of Virginia Requirements Applicable to OCS Sources, September 8, 2021.
(B) [Reserved]
(ii) Local requirements.
(A) [Reserved]
(23) [Reserved]
§ 55.15 - Specific designation of corresponding onshore areas.
(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]
Appendix A - Appendix A to Part 55—Listing of State and Local Requirements Incorporated by Reference Into Part 55, by State
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, September 15, 2018, 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 10/01/2004) 18 AAC 50.010. Ambient Air Quality Standards (effective 08/20/2016) 18 AAC 50.015. Air Quality Designations, Classification, and Control Regions (effective 04/17/2015) except (b)(3) and (d)(2) Table 1. Air Quality Classifications 18 AAC 50.020. Baseline Dates and Maximum Allowable Increases (effective 08/20/2016) Table 2. Baseline Areas and Dates Table 3. Maximum Allowable Increases 18 AAC 50.025. Visibility and Other Special Protection Areas (effective 09/15/2018) 18 AAC 50.030. State Air Quality Control Plan (effective 09/15/2018) 18 AAC 50.035. Documents, Procedures, and Methods Adopted by Reference (effective 09/15/2018) 18 AAC 50.040. Federal Standards Adopted by Reference (effective 09/15/2018) except (h)(2) 18 AAC 50.045. Prohibitions (effective 10/01/2004) 18 AAC 50.050. Incinerator Emissions Standards (effective 07/25/2008) Table 4. Particulate Matter Standards for Incinerators 18 AAC 50.055. Industrial Processes and Fuel-Burning Equipment (effective 09/15/2018) except (a)(4) through (a)(6), (a)(9), (b)(2)(A), (b)(3), (b)(5), and (e) 18 AAC 50.065. Open Burning (effective 03/06/2016) 18 AAC 50.070. Marine Vessel Visible Emission Standards (effective 06/21/1998) 18 AAC 50.080. Ice Fog Standards (effective 01/18/1997) 18 AAC 50.085. Volatile Liquid Storage Tank Emission Standards (effective 01/18/1997) 18 AAC 50.100. Nonroad Engines (effective 10/01/2004) 18 AAC 50.110. Air Pollution Prohibited (effective 05/26/1972) Article 2. Program Administration 18 AAC 50.200. Information Requests (effective 10/01/2004) 18 AAC 50.201. Ambient Air Quality Investigation (effective 10/01/2004) 18 AAC 50.205. Certification (effective 10/01/2004) except (b) 18 AAC 50.215. Ambient Air Quality Analysis Methods (effective 09/15/2018) Table 5. Significant Impact Levels (SILs) 18 AAC 50.220. Enforceable Test Methods (effective 09/15/2018) 18 AAC 50.225 Owner-Requested Limits (effective 09/15/2018) except (c) through (g) 18 AAC 50.230. Preapproved Emission Limits (effective 09/15/2018) except (d) 18 AAC 50.235. Unavoidable Emergencies and Malfunctions (effective 09/15/2018) 18 AAC 50.240. Excess Emissions (effective 12/29/2016) 18 AAC 50.245. Air Quality Episodes and Advisories for Air Pollution Other Than PM 2.5 (effective 02/28/2015) Table 6. Concentrations Triggering an Air Quality Episode for Air Pollution Other Than PM 2.5 18 AAC 50.246. Air Quality Episodes and Advisories for PM 2.5 (effective 02/28/2015) Table 6a. Concentrations Triggering an Air Quality Episode for PM 2.5 Article 3. Major Stationary Source Permits 18 AAC 50.302. Construction Permits (effective 09/14/2012) 18 AAC 50.306. Prevention of Significant Deterioration (PSD) Permits (effective 01/04/2013) except (c) and (e)
18 AAC 50.311. Nonattainment Area Major Stationary Source Permits (effective 09/15/2018) except (c) 18 AAC 50.316. Preconstruction Review for Construction or Reconstruction of a Major Source of Hazardous Air Pollutants (effective 12/01/2004) except (c) 18 AAC 50.321. Case-By-Case Maximum Achievable Control Technology (effective 10/06/2013) 18 AAC 50.326. Title V Operating Permits (effective 09/15/2018) except (c)(1), (h), (i)(3), (j)(5), (j)(6), (k)(1), (k)(3), (k)(5), and (k)(6) 18 AAC 50.345. Construction, Minor and Operating Permits: Standard Permit Conditions (effective 09/15/2018) 18 AAC 50.346. Construction and Operating Permits: Other Permit Conditions (effective 09/15/2018) Table 7. Standard Operating Permit Condition Article 4. User Fees 18 AAC 50.400. Permit Administration Fees (effective 09/15/2018) except (a)(2) through (a)(4), (a)(6), (a)(8), (i)(1), (i)(4), (i)(8), and (i)(9) 18 AAC 50.403. Negotiated Service Agreements (effective 09/26/2015) 18 AAC 50.410. Emission Fees (effective 09/15/2018) 18 AAC 50.499. Definition for User Fee Requirements (effective 09/26/2015) Article 5. Minor Permits 18 AAC 50.502. Minor Permits for Air Quality Protection (effective 09/15/2018) except (b)(1) through (b)(3), (b)(5), (d)(1)(A) and (d)(2)(A) 18 AAC 50.508. Minor Permits Requested by the Owner or Operator (effective 12/09/2010) 18 AAC 50.510. Minor Permit—Title V Permit Interface (effective 12/09/2010) 18 AAC 50.540. Minor Permit: Application (effective 09/15/2018) 18 AAC 50.542. Minor Permit: Review and Issuance (effective 09/15/2018) except (a), (b), (c), and (d) 18 AAC 50.544. Minor Permits: Content (effective 12/09/2010) 18 AAC 50.546. Minor Permit Revision (effective 7/25/08) 18 AAC 50.560. General Minor Permits (effective 09/15/2018) except (b) Article 9. General Provisions 18 AAC 50.990. Definitions (effective 09/15/2018)(2) [Reserved]
California(a) State requirements.
(1) The following requirements are contained in State of California Requirements Applicable to OCS Sources, February 2006:
Barclays California Code of RegulationsThe 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) 17 § 93115—Airborne Toxic Control Measure for Stationary Compression Ignition Engines (Adopted 2/26/04) Health and Safety CodeThe 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 contained in Santa Barbara County Air Pollution Control District Requirements Applicable to OCS Sources, April 2019:
Rule 102 Definitions (Revised 08/25/16) Rule 103 Severability (Adopted 10/23/78) Rule 105 Applicability (Revised 08/25/16) Rule 107 Emergencies (Adopted 04/19/01) Rule 201 Permits Required (Revised 06/19/08) Rule 202 Exemptions to Rule 201 (Revised 08/25/16) Rule 203 Transfer (Revised 04/17/97) Rule 204 Applications (Revised 08/25/16) Rule 205 Standards for Granting Permits (Revised 04/17/97) Rule 206 Conditional Approval of Authority to Construct or Permit to Operate (Revised 10/15/91) Rule 207 Denial of Application (Adopted 10/23/78) Rule 210 Fees (Revised 03/17/05) Rule 212 Emission Statements (Adopted 10/20/92) Rule 301 Circumvention (Adopted 10/23/78) Rule 302 Visible Emissions (Revised 6/1981) Rule 303 Nuisance (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 10/02/90) Rule 316 Storage and Transfer of Gasoline (Revised 01/15/09) 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 (Revised 06/21/12) Rule 322 Metal Surface Coating Thinner and Reducer (Adopted 10/23/78) Rule 323 Architectural Coatings (Revised 11/15/01) Rule 323.1 Architectural Coatings (Adopted 06/19/14, Effective 01/01/15) Rule 324 Disposal and Evaporation of Solvents (Adopted 10/23/78) Rule 325 Crude Oil Production and Separation (Revised 07/19/01) Rule 326 Storage of Reactive Organic Compound Liquids (Revised 01/18/01) Rule 327 Organic Liquid Cargo Tank Vessel Loading (Revised 12/16/85) Rule 328 Continuous Emission Monitoring (Adopted 10/23/78) Rule 330 Surface Coating of Metal Parts and Products (Revised 06/21/12) Rule 331 Fugitive Emissions Inspection and Maintenance (Revised 12/10/91) Rule 332 Petroleum Refinery Vacuum Producing Systems, Wastewater Separators and Process Turnarounds (Adopted 06/11/79) Rule 333 Control of Emissions from Reciprocating Internal Combustion Engines (Adopted 06/19/08) Rule 342 Control of Oxides of Nitrogen (NOx) from Boilers, Steam Generators and Process Heaters) (Revised 04/17/97) 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 (Revised 01/18/01) Rule 349 Polyester Resin Operations (Revised 06/21/12) Rule 352 Natural Gas-Fired Fan-Type Central Furnaces and Residential Water Heaters (Revised 10/20/11) Rule 353 Adhesives and Sealants (Revised 06/21/12) Rule 359 Flares and Thermal Oxidizers (Adopted 06/28/94) Rule 360 Boilers, Water Heaters, and Process Heaters (0.075-2 MMBtu/hr.) (Revised 03/15/18) Rule 361 Small Boilers, Steam Generators, and Process Heaters (Adopted 01/17/08) Rule 370 Potential to Emit—Limitations for Part 70 Sources (Revised 01/20/11) Rule 505 Breakdown Conditions Sections A., B.1, and D. only (Adopted 10/23/78) Rule 603 Emergency Episode Plans (Adopted 06/15/81) Rule 702 General Conformity (Adopted 10/20/94) Rule 801 New Source Review—Definitions and General Requirements (Revised 08/25/16) Rule 802 New Source Review (Revised 08/25/16) Rule 804 Emission Offsets (Revised 08/25/16) Rule 805 Air Quality Impact Analysis, Modeling, Monitoring, and Air Quality Increment Consumption (Revised 08/25/16) Rule 806 Emission Reduction Credits (Revised 08/25/16) Rule 808 New Source Review for Major Sources of Hazardous Air Pollutants (Adopted 05/20/99) Rule 809 Federal Minor Source New Source Review (Revised 08/25/16) Rule 810 Federal Prevention of Significant Deterioration (PSD) (Revised 06/20/13) Rule 1301 Part 70 Operating Permits—General Information (Revised 08/25/16) Rule 1302 Part 70 Operating Permits—Permit Application (Adopted 11/09/93) Rule 1303 Part 70 Operating Permits—Permits (Revised 01/18/01) Rule 1304 Part 70 Operating Permits—Issuance, Renewal, Modification and Reopening (Revised 01/18/01) 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 (Parts I, II and III):
Rule 102 Definition of Terms (Adopted 12/3/04) Rule 103 Definition of Geographical Areas (Adopted 01/9/76) Rule 104 Reporting of Source Test Data and Analyses (Adopted 01/9/76) Rule 108 Alternative Emission Control Plans (Adopted 04/6/90) Rule 109 Recordkeeping for Volatile Organic Compound Emissions (Adopted 08/18/00) Rule 112 Definition of Minor Violation and Guidelines for Issuance of Notice to Comply (Adopted 11/13/98) Rule 118 Emergencies (Adopted 12/07/95) Rule 201 Permit to Construct (Adopted 12/03/04) Rule 201.1 Permit Conditions in Federally Issued Permits to Construct (Adopted 12/03/04) Rule 202 Temporary Permit to Operate (Adopted 12/03/04) Rule 203 Permit to Operate (Adopted 12/03/04) Rule 204 Permit Conditions (Adopted 03/6/92) Rule 205 Expiration of Permits to Construct (Adopted 01/05/90) Rule 206 Posting of Permit to Operate (Adopted 01/05/90) Rule 207 Altering or Falsifying of Permit (Adopted 01/09/76) Rule 208 Permit and Burn Authorization for Open Burning (Adopted 12/21/01) Rule 209 Transfer and Voiding of Permits (Adopted 01/05/90) Rule 210 Applications (Adopted 01/05/90) Rule 212 Standards for Approving Permits (Adopted 12/07/95) except (c)(3) and (e) Rule 214 Denial of Permits (Adopted 01/05/90) Rule 217 Provisions for Sampling and Testing Facilities (Adopted 01/05/90) Rule 218 Continuous Emission Monitoring (Adopted 05/14/99) Rule 218.1 Continuous Emission Monitoring Performance Specifications (Adopted 05/14/99) Rule 218.1 Attachment A—Supplemental and Alternative CEMS Performance Requirements (Adopted 05/14/99) Rule 219 Equipment Not Requiring a Written Permit Pursuant to Regulation II (Adopted 6/1/07) Rule 220 Exemption—Net Increase in Emissions (Adopted 08/07/81) Rule 221 Plans (Adopted 01/04/85) Rule 301 Permitting and Associated Fees (Adopted 5/2/08) except (e)(7)and Table IV Rule 303 Hearing Board Fees (Adopted 5/2/08) Rule 304 Equipment, Materials, and Ambient Air Analyses (Adopted 5/2/08) Rule 304.1 Analyses Fees (Adopted 5/2/08) Rule 305 Fees for Acid Deposition (Rescinded 6/9/06) Rule 306 Plan Fees (Adopted 5/2/08) Rule 309 Fees for Regulation XVI (Adopted 5/2/08) Rule 313 Authority to Adjust Fees and Due Dates (Adopted 5/2/08) Rule 401 Visible Emissions (Adopted 11/09/01) Rule 403 Fugitive Dust (Adopted 06/03/05) Rule 404 Particulate Matter—Concentration (Adopted 02/07/86) Rule 405 Solid Particulate Matter—Weight (Adopted 02/07/86) Rule 407 Liquid and Gaseous Air Contaminants (Adopted 04/02/82) Rule 408 Circumvention (Adopted 05/07/76) Rule 409 Combustion Contaminants (Adopted 08/07/81) Rule 429 Start-Up and Shutdown Exemption Provisions for Oxides of Nitrogen (Adopted 12/21/90) Rule 430 Breakdown Provisions, (a) and (b) only (Adopted 07/12/96) Rule 431.1 Sulfur Content of Gaseous Fuels (Adopted 06/12/98) Rule 431.2 Sulfur Content of Liquid Fuels (Adopted 09/15/00) Rule 431.3 Sulfur Content of Fossil Fuels (Adopted 05/7/76) Rule 441 Research Operations (Adopted 05/7/76) Rule 442 Usage of Solvents (Adopted 12/15/00) Rule 444 Open Burning (Adopted 12/21/01) Rule 463 Organic Liquid Storage (Adopted 05/06/05) Rule 465 Refinery Vacuum-Producing Devices or Systems (Adopted 08/13/99) Rule 468 Sulfur Recovery Units (Adopted 10/08/76) Rule 473 Disposal of Solid and Liquid Wastes (Adopted 05/07/76) Rule 474 Fuel Burning Equipment-Oxides of Nitrogen (Adopted 12/04/81) Rule 475 Electric Power Generating Equipment (Adopted 08/07/78) Rule 476 Steam Generating Equipment (Adopted 10/08/76) Rule 480 Natural Gas Fired Control Devices (Adopted 10/07/77) Addendum to Regulation IV (Effective 1977) Rule 518 Variance Procedures for Title V Facilities (Adopted 08/11/95) Rule 518.1 Permit Appeal Procedures for Title V Facilities (Adopted 08/11/95) Rule 518.2 Federal Alternative Operating Conditions (Adopted 12/21/01) Rule 701 Air Pollution Emergency Contingency Actions (Adopted 06/13/97) Rule 702 Definitions (Adopted 07/11/80) Rule 708 Plans (Rescinded 09/08/95)Regulation IX Standard of Performance For New Stationary Sources (Adopted 4/4/08)
Regulation X National Emission Standards for Hazardous Air Pollutants (Adopted 4/4/08)
Rule 1105.1 Reduction of PM(8) The following requirements are contained in Ventura County Air Pollution Control District Requirements Applicable to OCS Sources, parts 1 and 2, April 2017:
Rule 2 Definitions (Revised 04/12/11) Rule 5 Effective Date (Revised 04/13/04) Rule 6 Severability (Revised 11/21/78) Rule 7 Boundaries (Adopted 06/14/77) Rule 10 Permits Required (Revised 04/13/04) Rule 11 Definition for Regulation II (Amended 03/14/06) Rule 12 Applications for Permits (Adopted 06/13/95) Rule 13 Action on Applications for an Authority To Construct (Adopted 06/13/95) Rule 14 Action on Applications for a Permit To Operate (Adopted 06/13/95) Rule 15.1 Sampling and Testing Facilities (Adopted 10/12/93) Rule 16 BACT Certification (Adopted 06/13/95) Rule 19 Posting of Permits (Revised 05/23/72) Rule 20 Transfer of Permit (Revised 05/23/72) Rule 23 Exemptions From Permits (Revised 11/12/13) Rule 24 Source Recordkeeping, Reporting, and Emission Statements (Revised 09/15/92) Rule 26 New Source Review—General (Amended 03/14/06) Rule 26.1 New Source Review—Definitions (Revised 11/14/06) Rule 26.2 New Source Review—Requirements (Revised 03/14/06) Rule 26.3 New Source Review—Exemptions (Revised 3/14/06) Rule 26.6 New Source Review—Calculations (Revised 3/14/06) Rule 26.8 New Source Review—Permit To Operate (Adopted 10/22/91) Rule 26.11 New Source Review—ERC Evaluation at Time of Use (Adopted 05/14/02) Rule 26.12 Federal Major Modifications (Adopted 06/27/06) Rule 26.13 New Source Review—Prevention of Significant Deterioration (PSD) (Revised 11/10/15) Rule 28 Revocation of Permits (Revised 07/18/72) Rule 29 Conditions on Permits (Revised 03/14/06) Rule 30 Permit Renewal (Revised 04/13/04) Rule 32 Breakdown Conditions: Emergency Variances, A., B.1., and D. only. (Revised 02/20/79) Rule 33 Part 70 Permits-General (Revised 04/12/11) Rule 33.1 Part 70 Permits—Definitions (Revised 04/12/11) Rule 33.2 Part 70 Permits—Application Contents (Revised 04/10/01) Rule 33.3 Part 70 Permits—Permit Content (Revised 09/12/06) Rule 33.4 Part 70 Permits—Operational Flexibility (Revised 04/10/01) Rule 33.5 Part 70 Permits—Timeframes 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 (Revised 04/10/01) Rule 33.8 Part 70 Permits—Reopening of Permits (Adopted 10/12/93) Rule 33.9 Part 70 Permits—Compliance Provisions (Revised 04/10/01) Rule 33.10 Part 70 Permits—General Part 70 Permits (Adopted 10/12/93) Rule 34 Acid Deposition Control (Adopted 03/14/95) Rule 35 Elective Emission Limits (Revised 04/12/11) Rule 36 New Source Review—Hazardous Air Pollutants (Adopted 10/06/98) Rule 42 Permit Fees (Revised 04/12/16) Rule 44 Exemption Evaluation Fee (Revised 04/08/08) Rule 45 Plan Fees (Adopted 06/19/90) Rule 45.2 Asbestos Removal Fees (Revised 08/04/92) Rule 47 Source Test, Emission Monitor, and Call-Back Fees (Adopted 06/22/99) Rule 50 Opacity (Revised 04/13/04) Rule 52 Particulate Matter—Concentration (Grain Loading)(Revised 04/13/04) Rule 53 Particulate Matter—Process Weight (Revised 04/13/04) Rule 54 Sulfur Compounds (Revised 01/14/14) Rule 56 Open Burning (Revised 11/11/03) Rule 57 Incinerators (Revised 01/11/05) Rule 57.1 Particulate Matter Emissions From Fuel Burning Equipment (Adopted 01/11/05) Rule 62.7 Asbestos-Demolition and Renovation (Adopted 06/16/92, Effective 09/01/92) Rule 63 Separation and Combination of Emissions (Revised 11/21/78) Rule 64 Sulfur Content of Fuels (Revised 04/13/99) Rule 68 Carbon Monoxide (Revised 04/13/04) Rule 71 Crude Oil and Reactive Organic Compound Liquids (Revised 12/13/94) Rule 71.1 Crude Oil Production and Separation (Revised 06/16/92) Rule 71.2 Storage of Reactive Organic Compound Liquids (Revised 09/26/89) Rule 71.3 Transfer of Reactive Organic Compound Liquids (Revised 06/16/92) Rule 71.4 Petroleum Sumps, Pits, Ponds, and Well Cellars (Revised 06/08/93) Rule 71.5 Glycol Dehydrators (Adopted 12/13/94) Rule 72 New Source Performance Standards (NSPS) (Revised 09/9/08) Rule 73 National Emission Standards for Hazardous Air Pollutants (NESHAPS) (Revised 09/9/08) Rule 74 Specific Source Standards (Adopted 07/06/76) Rule 74.1 Abrasive Blasting (Revised 11/12/91) Rule 74.2 Architectural Coatings (Revised 01/12/10) Rule 74.6 Surface Cleaning and Degreasing (Revised 11/11/03—effective 07/01/04) Rule 74.6.1 Batch Loaded Vapor Degreasers (Adopted 11/11/03—effective 07/01/04) Rule 74.7 Fugitive Emissions of Reactive Organic Compounds at Petroleum Refineries and Chemical Plants (Revised 10/10/95) Rule 74.8 Refinery Vacuum Producing Systems, Waste-Water Separators and Process Turnarounds (Revised 07/05/83) Rule 74.9 Stationary Internal Combustion Engines (Revised 11/08/05) Rule 74.10 Components at Crude Oil Production Facilities and Natural Gas Production and Processing Facilities (Revised 03/10/98) Rule 74.11 Natural Gas-Fired Residential Water Heaters—Control of NO(a) State requirements.
(1) The following State of Delaware requirements are applicable to OCS Sources, November 11, 2018, State of Delaware—Department of Natural Resources and Environmental Control. The following sections of Title 7 Delaware Administrative Code 1100—Air Quality Management Section:
7 DE Admin. Code 1101: Definitions and Administrative Principals Section 1.0: General Provisions (Effective 02/01/1981) Section 2.0: Definitions (Effective 12/11/2016) Section 3.0: Administrative Principals (Effective 11/11/2013) Section 4.0: Abbreviations (Effective 02/01/1981) 7 DE Admin. Code 1102: Permits Section 1.0: General Provisions (Effective 06/11/2006) Section 2.0: Applicability (Effective 06/11/2006) Section 3.0: Application/Registration Prepared by Interested Party (Effective 06/01/1997) Section 4.0: Cancellation of Construction Permits (Effective 06/01/1997) Section 5.0: Action on Applications (Effective 06/01/1997) Section 6.0: Denial, Suspension or Revocation of Operating Permits (Effective 06/11/2006) Section 7.0: Transfer of Permit/Registration Prohibited (Effective 06/01/1997) Section 8.0: Availability of Permit/Registration (Effective 06/01/1997) Section 9.0: Registration Submittal (Effective 06/01/1997) Section 10.0: Source Category Permit Application (Effective 06/01/1997) Section 11.0: Permit Application (Effective 06/11/2006) Section 12.0: Public Participation (Effective 06/11/2006) Section 13.0: Department Records (Effective 06/01/1997) Appendix A (Effective 06/11/2006) 7 DE Admin. Code 1103: Ambient Air Quality Standards Section 1.0: General Provisions (Effective 01/11/2014) Section 2.0: General Restrictions (Effective 02/01/1981) Section 3.0: Suspended Particulates (Effective 02/01/1981) Section 4.0: Sulfur Dioxide (Effective 01/11/2014) Section 5.0: Carbon Monoxide (Effective 02/01/1981) Section 6.0: Ozone (Effective 01/11/2014) Section 7.0: Hydrocarbons (Effective 02/01/1981) Section 8.0: Nitrogen Dioxide (Effective 01/11/2014) Section 9.0: Hydrogen Sulfide (Effective 02/01/1981) Section 10.0: Lead (Effective 01/11/2014) Section 11.0: PM1 On October 20, 2016, EPA disapproved Delaware's emissions offset provisions. EPA last approved Regulation 1125, Section 2.0 for the Delaware SIP on October 2, 2012, these emissions offset provisions address requirements in CAA 173(c)(1), 40 CFR 51.165, and part 51, appendix S, section IV.D. The State effective date of this version of Regulation 1125, Section 2.0, Emission Offset Provisions was February 11, 2012, and it is this version of Regulation 1125, Section 2.0 that Delaware is required to implement and EPA incorporated by reference into 40 CFR part 55.
Section 3.0: Prevention of Significant Deterioration of Air Quality (Effective 12/11/2016) Section 4.0: Minor New Source Review (MNSR) (Effective 12/11/2016) 7 DE Admin. Code 1127: Stack Heights Section 1.0: General Provisions (Effective 07/06/1982) Section 2.0: Definitions Specific to this Regulation (Effective 12/07/1988) Section 3.0: Requirements for Existing and New Sources (Effective 02/18/1987) Section 4.0: Public Notification (Effective 02/18/1987) 7 DE Admin. Code 1129: Emissions From Incineration of Infectious Waste Section 1.0: General Provisions (Effective 10/13/1989) Section 2.0: Exemptions (Effective 10/13/1989) Section 3.0: Permit Requirements (Effective 10/13/1989) Section 4.0: Methods of Treatment and Disposal (Effective 10/13/1989) Section 5.0: Recordkeeping and Reporting Requirements (Effective 10/13/1989) Section 6.0: Evidence of Effectiveness of Treatment (Effective 10/13/1989) Section 7.0: Incineration (Effective 10/13/1989) 7 DE Admin. Code 1130: Title V Operating Permit Program Section 1.0: Program Overview (Effective 12/11/2010) Section 2.0: Definitions (Effective 11/15/1993) Section 3.0: Applicability (Effective 11/15/1993) Section 5.0: Permit Applications (Effective 11/15/1993) Section 6.0: Permit Contents (Effective 12/11/2000) Section 7.0: Permit Issuance, Renewal, Reopening, And Revisions (Effective 12/11/2000) Section 8.0: Permit Review by EPA and Affected States (Effective 11/15/1993) Section 9.0: Permit Fees (Effective 11/15/1993) Appendix A: Insignificant Activities (Effective 11/15/1993) 7 DE Admin. Code 1132: Transportation Conformity Section 1.0: Purpose (Effective 11/11/2007) Section 2.0: Definitions (Effective 11/11/2007) Section 3.0: Consultation (Effective 11/11/2007) Section 4.0: Written Commitments for Control and Mitigation Measures (Effective 11/11/2007) 7 DE Admin Code 1134: Emission Banking and Trading Program Section 1.0: Program Overview (Effective 10/06/1997) Section 2.0: Definitions (Effective 10/06/1997) Section 3.0: Applicability (Effective 10/06/1997) Section 4.0: Generating an Emission Reduction (Effective 10/06/1997) Section 5.0: Application for Certification of an Emission Reduction as an ERC (Effective 10/06/1997) Section 6.0: Source Baseline (Effective 10/06/1997) Section 7.0: Post-Reduction Emission Rate (Effective 10/06/1997) Section 8.0: Certification of an Emission Reduction (Effective 11/11/2018) Section 9.0: Trading and Use of ERCs (Effective 10/06/1997) Section 10.0: Record Keeping Requirements (Effective 10/06/1997) Section 11.0: ERC Banking System (Effective 10/06/1997) Section 12.0: Fees (Effective 10/06/1997) Section 13.0: Enforcement (Effective 10/06/1997) Section 14.0: Program Evaluation and Individual Audits (Effective 10/06/1997) 7 DE Admin. Code 1135: Conformity of General Federal Actions to the State Implementation Plans Section 1.0: Purpose (Effective 08/14/1996) Section 2.0: Definitions (Effective 08/14/1996) Section 3.0: Applicability (Effective 08/14/1996) Section 4.0: Conformity Analysis (Effective 08/14/1996) Section 5.0: Reporting Requirements (Effective 08/14/1996) Section 6.0: Public Participation and Consultation (Effective 08/14/1996) Section 7.0: Frequency of Conformity Determinations (Effective 08/14/1996) Section 8.0: Criteria for Determining Conformity of General Federal Actions (Effective 08/14/1996) Section 9.0: Procedures for Conformity Determinations of General Federal Actions (Effective 08/14/1996) Section 10.0: Mitigation of Airy Quality Impacts (Effective 08/14/1996) Section 11.0: Savings Provision (Effective 08/14/1996) 7 DE Admin. Code 1140: Delaware Low Emission Vehicle Program Section 1.0: Purpose (Effective 12/11/2013) Section 2.0: Applicability (Effective 12/11/2013) Section 3.0: Definitions (Effective 03/11/2018) Section 4.0: Emission Certification Standards (Effective 12/11/2013) Section 5.0: New Vehicle Emission Requirements (Effective 03/11/2018) Section 6.0: Manufacturer Fleet Requirements (Effective 12/11/2013) Section 7.0: Warranty (Effective 03/11/2018) Section 8.0: Reporting and Record-Keeping Requirements (Effective 12/11/2013) Section 9.0: Enforcement (Effective 12/11/2013) Section 10.0: Incorporation by Reference (Effective 03/11/2018) Section 11.0: Document Availability (Effective 03/11/2018) Section 12.0: Severability (Effective 12/11/2013) 7 DE Admin. Code 1141: Limiting Emissions of Volatile Organic Compounds From Consumer and Commercial Products Section 1.0: Architectural and Industrial Maintenance Coatings (Effective 12/11/2016) Section 2.0: Consumer Products (Effective 02/11/2016) Section 3.0: Portable Fuel Containers (Effective 04/11/2010) Section 4.0: Adhesives and Sealants (Effective 04/11/2009) 7 DE Admin. Code 1142: Specific Emission Control Requirements Section 1.0: Control of NO(2) [Reserved]
(b) Local requirements.
Florida(a) State requirements.
(1) The following requirements are contained in State of Florida Requirements Applicable to OCS Sources, January 2, 2008: Florida Administrative Code—Department of Environmental Protection. The following sections of Chapter 62:
CHAPTER 62-4 PERMITS 62-4.001 Scope of Part I (Effective 10/1/07) 62-4.020 Definitions (Effective 4/3/03) 62-4.021 Transferability of Definitions (Effective 8/31/88) 62-4.030 General Prohibition (Effective 8/31/88) 62-4.040 Exemptions (Effective 8/31/88) 62-4.050 Procedure to Obtain Permits and other Authorizations; Applications (Effective 10/31/07) 62-4.055 Permit Processing (Effective 8/16/98) 62-4.060 Consultation (Effective 8/31/88) 62-4.070 Standards of Issuing or Denying Permits; Issuance; Denial (Effective 3/28/91) 62-4.080 Modification of Permit Conditions (Effective 3/19/90) 62-4.090 Renewals (Effective 3/16/08) 62-4.100 Suspension and Revocation (Effective 8/31/88) 62-4.110 Financial Responsibility (Effective 8/31/88) 62-4.120 Transfer of Permits (Effective 4/16/01) 62-4.130 Plant Operation—Problems (Effective 8/31/88) 62-4.150 Review (Effective 8/31/88) 62-4.160 Permit Conditions (Effective 7/11/93) 62-4.200 Scope of Part II (Effective 10/1/07) 62-4.210 Construction Permits (Effective 8/31/88) 62-4.220 Operation Permit for New Sources (Effective 8/31/88) 62-4.249 Preservation of Rights (Effective 8/31/88) 62-4.510 Scope of Part III (Effective 10/1/07) 62-4.520 Definition (Effective 7/11/90) 62-4.530 Procedures (Effective 3/19/90) 62-4.540 General Conditions for All General Permits (Effective 8/31/88) CHAPTER 62-204 AIR POLLUTION CONTROL—GENERAL PROVISIONS 62-204.100 Purpose and Scope (Effective 3/13/96) 62-204.200 Definitions (Effective 2/12/06) 62-204.220 Ambient Air Quality Protection (Effective 3/13/96) 62-204.240 Ambient Air Quality Standards (Effective 3/13/96) 62-204.260 Prevention of Significant Deterioration Maximum Allowable Increases (PSD Increments) (Effective 2/12/06) 62-204.320 Procedures for Designation and Redesignation of Areas (Effective 3/13/96) 62-204.340 Designation of Attainment, Nonattainment, and Maintenance Areas (Effective 3/13/96) 62-204.360 Designation of Prevention of Significant Deterioration Areas (Effective 3/13/96) 62-204.400 Public Notice and Hearing Requirements for State Implementation Plan Revisions (Effective 11/30/94) 62-204.500 Conformity (Effective 9/1/98) 62-204.800 Federal Regulations Effective by Reference (Effective 7/1/08) CHAPTER 62-210 STATIONARY SOURCES—GENERAL REQUIREMENTS 62-210.100 Purpose and Scope (Effective 1/10/07) 62-210.200 Definitions (Effective 3/16/08) 62-210.220 Small Business Assistance Program (Effective 2/11/99) 62-210.300 Permits Required (Effective 3/16/08) 62-210.310 Air General Permits (Effective 5/9/07) 62-210.350 Public Notice and Comment (Effective 2/2/06) 62-210.360 Administrative Permit Corrections (Effective 3/16/08) 62-210.370 Emissions Computation and Reporting (Effective 7/3/08) 62-210.550 Stack Height Policy (Effective 11/23/94) 62-210.650 Circumvention (Effective 8/26/1981) 62-210.700 Excess Emissions (Effective 11/23/94) 62-210.900 Forms and Instructions (Effective 7/3/08) 62-210.920 Registration Forms for Air General Permits (Effective 5/9/07) CHAPTER 62-212 STATIONARY SOURCES—PRECONSTRUCTION REVIEW 62-212.100 Purpose and Scope (Effective5/20/97) 62-212.300 General Preconstruction Review Requirements (Effective 2/2/06) 62-212.400 Prevention of Significant Deterioration (PSD) (Effective 7/16/07) 62-212.500 Preconstruction Review for Nonattainment Areas (Effective 2/2/06) 62-212.600 Sulfur Storage and Handling Facilities (Effective 8/17/00) 62-212.710 Air Emissions Bubble (Effective 5/20/97) 62-212.720 Actuals Plantwide Applicability Limits (PALs) (Effective 7/16/07) CHAPTER 62-213 OPERATION PERMITS FOR MAJOR SOURCES OF AIR POLLUTION 62-213.100 Purpose and Scope (Effective 3/13/96) 62-213.202 Responsible Official (Effective 6/02/02) 62-213.205 Annual Emissions Fee (Effective 3/16/08) 62-213.300 Title V Air General Permits (Effective 4/14/03) 62-213.400 Permits and Permit Revisions Required (Effective 3/16/08) 62-213.405 Concurrent Processing of Permit Applications (Effective 6/02/02) 62-213.410 Changes Without Permit Revision (Effective 6/02/02) 62-213.412 Immediate Implementation Pending Revision Process (Effective 6/02/02) 62-213.413 Fast-Track Revisions of Acid Rain Parts (Effective 6/02/02) 62-213.415 Trading of Emissions Within a Source (Effective 4/16/01) 62-213.420 Permit Applications (Effective 3/16/08) 62-213.430 Permit Issuance, Renewal, and Revision (Effective 3/16/08) 62-213.440 Permit Content (Effective 3/16/08) 62-213.450 Permit Review by EPA and Affected States (Effective 1/03/01) 62-213.460 Permit Shield (Effective 3/16/08) 62-213.900 Forms and Instructions (Effective 4/14/03) CHAPTER 62-214 REQUIREMENTS FOR SOURCES SUBJECT TO THE FEDERAL ACID RAIN PROGRAM 62-214.100 Purpose and Scope (Effective 3/16/08) 62-214.300 Applicability (Effective 3/16/08) 62-214.320 Applications (Effective 3/16/08) 62-214.330 Acid Rain Compliance Plan and Compliance Options (Effective 3/16/08) 62-214.340 Exemptions (Effective 3/16/08) 62-214.350 Certification (Effective 12/10/97) 62-214.360 Department Action on Applications (Effective 3/16/08) 62-214.370 Revisions and Administrative Corrections (Effective 4/16/01) 62-214.420 Acid Rain Part Content (Effective 3/16/08) 62-214.430 Implementation and Termination of Compliance Options (Effective 3/16/08) CHAPTER 62-252 GASOLINE VAPOR CONTROL 62-252.100 Purpose and Scope (Effective 2/2/93) 62-252.200 Definitions (Effective 5/9/07) 62-252.300 Gasoline Dispensing Facilities—Stage I Vapor Recovery (Effective 5/9/07) 62-252.400 Gasoline Dispensing Facilities—Stage II Vapor Recovery (Effective 5/9/07) 62-252.500 Gasoline Tanker Trucks or Trailers (Effective 5/9/07) 62-252.900 Form. (Effective 5/9/07) CHAPTER 62-256 OPEN BURNING AND FROST PROTECTION FIRES 62-256.200 Definitions (Effective 7/6/05) 62-256.300 Prohibitions (Effective 7/6/05) 62-256.700 Open Burning Allowed (Effective 7/6/05) CHAPTER 62-296 STATIONARY SOURCES-EMISSION STANDARDS 62-296.100 Purpose and Scope (Effective 3/13/96) 62-296.320 General Pollutant Emission Limiting Standards (Effective 3/13/96) 62-296.340 Best Available Retrofit Technology (Effective 1/31/07) 62-296.341 Regional Haze—Reasonable Progress Control Technology (Effective 2/7/08) 62-296.401 Incinerators (Effective 1/10/07) 62-296.402 Sulfuric Acid Plants (Effective 3/13/96) 62-296.403 Phosphate Processing (Effective 3/13/96) 62-296.404 Kraft (Sulfate) Pulp Mills and Tall Oil Plants (Effective 3/13/96) 62-296.405 Fossil Fuel Steam Generators with More Than 250 Million Btu Per Hour Heat Input (Effective 3/2/99) 62-296.406 Fossil Fuel Steam Generators with Less Than 250 Million Btu Per Hour Heat Input, New and Existing Emissions Units (Effective 3/2/99) 62-296.407 Portland Cement Plants (Effective 1/1/96) 62-296.408 Nitric Acid Plants (Effective 1/1/96) 62-296.409 Sulfur Recovery Plants (Effective 1/1/96) 62-296.410 Carbonaceous Fuel Burning Equipment (Effective 1/1/96) 62-296.411 Sulfur Storage and Handling Facilities (Effective 1/1/96) 62-296.412 Dry Cleaning Facilities (Effective 10/7/96) 62-296.413 Synthetic Organic Fiber Production (Effective 2/12/06) 62-296.414 Concrete Batching Plants (Effective 1/10/07) 62-296.415 Soil Thermal Treatment Facilities (Effective 3/13/96) 62-296.416 Waste-to-Energy Facilities (Effective 10/20/96) 62-296.417 Volume Reduction, Mercury Recovery and Mercury Reclamation (Effective 3/2/99) 62-296.418 Bulk Gasoline Plants (Effective 5/9/07) 62-296.470 Implementation of Federal Clean Air Interstate Rule (Effective 4/1/07) 62-296.480 Implementation of Federal Clean Air Mercury Rule (Effective 9/6/06) 62-296.500 Reasonably Available Control Technology (RACT)—Volatile Organic Compounds (VOC) and Nitrogen Oxides (NO(b) Local requirements.
(1) [Reserved]
Maryland:(a) State Requirements.
(1) The following State of Maryland requirements are applicable to OCS Sources, July 28, 2022, State of Maryland—Department of the Environment.
The following sections of Code of Maryland Regulations (COMAR) Title 26 Subtitle 11:
COMAR 26.11.01—General Administrative Provisions (Effective as of December 6, 2018) COMAR 26.11.02—Permits, Approvals, and Registrations (Effective as of February 12, 2018) COMAR 26.11.03—Permits, Approvals, and Registration—Title V Permits (Effective as of November 12, 2010) COMAR 26.11.05—Air Pollution Episode System (Effective as of November 12, 2010) COMAR 26.11.06—General Emission Standards, Prohibitions, and Restrictions (Effective as of July 02, 2013) COMAR 26.11.07—Open Fires (Effective as of November 12, 2010) COMAR 26.11.08—Control of Incinerators (Effective as of May 4, 2020) COMAR 26.11.09—Control of Fuel-Burning Equipment, Stationary Internal Combustion Engines and Certain Fuel-Burning Installations (Effective as of December 6, 2018) COMAR 26.11.13—Control of Gasoline and Volatile Organic Compound Storage and Handling (Effective as of July 21, 2014) COMAR 26.11.15—Toxic Air Pollutants (Effective as of November 12, 2010) COMAR 26.11.16—Procedures Related to Requirements for Toxic Air Pollutants (Effective as of November 12, 2010) COMAR 26.11.17—Nonattainment Provisions for Major New Sources and Major Modifications (Effective as of December 30, 2019) COMAR 26.11.19—Volatile Organic Compounds from Specific Processes (Effective as of September 28, 2015) COMAR 26.11.20—Mobile Sources (Effective as of February 7, 2022) COMAR 26.11.26—Conformity (Effective as of November 12, 2010) COMAR 26.11.35—Volatile Organic Compounds from Adhesives and Sealants (Effective as of November 12, 2010) COMAR 26.11.36—Distributed Generation (Effective as of February 12, 2018) COMAR 26.11.39—Architectural and Industrial Maintenance (AIM) Coatings (Effective as of April 2016) Massachusetts(a) State requirements. (Effective 3/9/2018)
(1) The following Commonwealth of Massachusetts requirements are applicable to OCS Sources, March 5, 2021, Commonwealth of Massachusetts—Department of Environmental Protection.
The following sections of 310 CMR 4.00, 310 CMR 6.00, 310 CMR 7.00 and 310 CMR 8.00:
310 CMR 4.00: Timely Action Schedule and Fee Provisions Section 4.01: Purpose, Authority and General Provisions (Effective 5/1/2020) Section 4.02: Definitions (Effective 5/1/2020) Section 4.03: Annual Compliance Assurance Fee (Effective 5/1/2020) Section 4.04: Permit Application Schedules and Fee (Effective 5/1/2020) Section 4.10: Appendix: Schedules for Timely Action and Permit Application Fees (Effective 5/1/2020) 310 CMR 6.00: Ambient Air Quality Standards for the Commonwealth of Massachusetts Section 6.01: Definitions (Effective 6/14/2019) Section 6.02: Scope (Effective 6/14/2019) Section 6.03: Reference Conditions (Effective 6/14/2019) Section 6.04: Standards (Effective 6/14/2019) 310 CMR 7.00: Air Pollution Control Section 7.00: Statutory Authority; Legend; Preamble; Definitions (Effective 3/5/2021) Section 7.01: General Regulations to Prevent Air Pollution (Effective 3/5/2021) Section 7.02: U Plan Approval and Emission Limitations (Effective 3/5/2021) Section 7.03: U Plan Approval Exemptions: Construction Requirements (Effective 3/5/2021) Section 7.04: U Fossil Fuel Utilization Facilities (Effective 3/5/2021) Section 7.05: U Fuels All Districts (Effective 3/5/2021) Section 7.06: U Visible Emissions (Effective 3/5/2021) Section 7.07: U Open Burning (Effective 3/5/2021) Section 7.08: U Incinerators (Effective 3/5/2021) Section 7.09: U Dust, Odor, Construction and Demolition (Effective 3/5/2021) Section 7.11: U Transportation Media (Effective 3/5/2021) Section 7.12: U Source Registration (Effective 3/5/2021) Section 7.13: U Stack Testing (Effective 3/5/2021) Section 7.14: U Monitoring Devices and Reports (Effective 3/5/2021) Section 7.18: U Volatile and Halogenated Organic Compounds (Effective 3/5/2021) Section 7.19: U Reasonably Available Control Technology (RACT) for Sources of Oxides of Nitrogen (NO(a) State requirements.
(1) The following State of New Jersey requirements are applicable to OCS Sources, as of October 6, 2021. New Jersey State Department of Environmental Protection—New Jersey Administrative Code. The following sections of Title 7:
Chapter 27 Subchapter 2—Control and Prohibition of Open Burning (Effective 6/20/1994) N.J.A.C. 7:27-2.1. Definitions N.J.A.C. 7:27-2.2. Open burning for salvage operations N.J.A.C. 7:27-2.3. Open burning of refuse N.J.A.C. 7:27-2.4. General provisions N.J.A.C. 7:27-2.6. Prescribed burning N.J.A.C. 7:27-2.7. Emergencies N.J.A.C. 7:27-2.8. Dangerous material N.J.A.C. 7:27-2.12. Special permit N.J.A.C. 7:27-2.13. Fees Chapter 27 Subchapter 3—Control and Prohibition of Smoke From Combustion of Fuel (Effective 2/4/2002) N.J.A.C. 7:27-3.1. Definitions N.J.A.C. 7:27-3.2. Smoke emissions from stationary indirect heat exchangers N.J.A.C. 7:27-3.3. Smoke emissions from marine installations N.J.A.C. 7:27-3.4. Smoke emissions from the combustion of fuel in mobile sources N.J.A.C. 7:27-3.5. Smoke emissions from stationary internal combustion engines and stationary turbine engines N.J.A.C. 7:27-3.6. Stack test N.J.A.C. 7:27-3.7. Exceptions Chapter 27 Subchapter 4—Control and Prohibition of Particles From Combustion of Fuel (Effective 4/20/2009) N.J.A.C. 7:27-4.1. Definitions N.J.A.C. 7:27-4.2. Standards for the emission of particles N.J.A.C. 7:27-4.3. Performance test principle N.J.A.C. 7:27-4.4. Emissions tests N.J.A.C. 7:27-4.6. Exceptions Chapter 27 Subchapter 5—Prohibition of Air Pollution (Effective 10/12/1977) N.J.A.C. 7:27-5.1. Definitions N.J.A.C. 7:27-5.2. General provisions Chapter 27 Subchapter 6—Control and Prohibition of Particles From Manufacturing Processes (Effective 6/12/1998) N.J.A.C. 7:27-6.1. Definitions N.J.A.C. 7:27-6.2. Standards for the emission of particles N.J.A.C. 7:27-6.3. Performance test principles N.J.A.C. 7:27-6.4. Emissions tests N.J.A.C. 7:27-6.5. Variances N.J.A.C. 7:27-6.7. Exceptions Chapter 27 Subchapter 7—Sulfur (Effective 11/6/2017) N.J.A.C. 7:27-7.1. Definitions N.J.A.C. 7:27-7.2. Control and prohibition of air pollution from sulfur compounds Chapter 27 Subchapter 8—Permits and Certificates for Minor Facilities (and Major Facilities Without an Operating Permit) (Effective 4/6/2020) N.J.A.C. 7:27-8.1. Definitions N.J.A.C. 7:27-8.2. Applicability N.J.A.C. 7:27-8.3. General provisions N.J.A.C. 7:27-8.4. How to apply, register, submit a notice, or renew N.J.A.C. 7:27-8.5. Air quality impact analysis N.J.A.C. 7:27-8.6. Service fees N.J.A.C. 7:27-8.7. Operating certificates N.J.A.C. 7:27-8.8. General permits N.J.A.C. 7:27-8.9. Environmental improvement pilot tests N.J.A.C. 7:27-8.11. Standards for issuing a permit N.J.A.C. 7:27-8.12. State of the art N.J.A.C. 7:27-8.13. Conditions of approval N.J.A.C. 7:27-8.14. Denials N.J.A.C. 7:27-8.15. Reporting requirements N.J.A.C. 7:27-8.16. Revocation N.J.A.C. 7:27-8.17. Changes to existing permits and certificates N.J.A.C. 7:27-8.18. Permit revisions N.J.A.C. 7:27-8.19. Compliance plan changes N.J.A.C. 7:27-8.20. Seven-day notice changes N.J.A.C. 7:27-8.21. Amendments N.J.A.C. 7:27-8.23. Reconstruction N.J.A.C. 7:27-8.24. Special provisions for construction but not operation N.J.A.C. 7:27-8.25. Special provisions for pollution control equipment or pollution prevention process modifications N.J.A.C. 7:27-8.27. Special facility-wide permit provisions Appendix 1 Chapter 27 Subchapter 9—Sulfur in Fuels (Effective 9/20/2010) N.J.A.C. 7:27-9.1. Definitions N.J.A.C. 7:27-9.2. Sulfur content standards N.J.A.C. 7:27-9.3. Exemptions N.J.A.C. 7:27-9.4. Waiver of air quality modeling Chapter 27 Subchapter 10—Sulfur in Solid Fuels (Effective 9/6/2011) N.J.A.C. 7:27-10.1. Definitions N.J.A.C. 7:27-10.2. Sulfur contents standards N.J.A.C. 7:27-10.3. Expansion, reconstruction, or construction of solid fuel burning units N.J.A.C. 7:27-10.4. Exemptions N.J.A.C. 7:27-10.5. SO(a) State requirements.
(1) The following State of New York requirements are applicable to OCS Sources, as of March 10, 2022. New York Environmental Conservation Law—Department of Environmental Conservation. The following sections of Title 6, Chapter III:
Subchapter A. Prevention and Control of Air Contamination and Air Pollution Part 200. General Provisions 6 NYCRR 200.1. Definitions (effective 4/2/2020) 6 NYCRR 200.3. False Statement (effective 6/16/1972) 6 NYCRR 200.4. Severability (effective 8/9/1984) 6 NYCRR 200.6. Acceptable Ambient Air Quality (effective 4/6/1983) 6 NYCRR 200.7. Maintenance of Equipment (effective 2/22/1979) 6 NYCRR 200.9. Referenced Material (effective 2/11/2021) Part 201. Permits and Certificates 6 NYCRR 201-1.1. Purpose and applicability (effective 2/22/2013) 6 NYCRR 201-1.4. Malfunctions and start-up/shutdown activities (effective 2/25/2021) 6 NYCRR 201-1.5. Emergency defense (effective 2/25/2021) 6 NYCRR 201-1.7. Recycling and salvage (effective 2/22/2013) 6 NYCRR 201-1.8. Prohibition of reintroduction of collected contaminants to the air (effective 2/22/2013) 6 NYCRR 201-1.11. Temporary emission sources (effective 2/25/2021) 6 NYCRR 201-1.12. Suspension, reopening, reissuance, modification, or revocation of air permits (effective 2/25/2021) 6 NYCRR 201-2. Definitions (effective 2/25/2021) 6 NYCRR 201-4. Minor Facility Registration (effective 2/25/2021) 6 NYCRR 201-5. State Facility Permits (effective 2/25/2021) 6 NYCRR 201-6. Title V Facility Permits (effective 2/25/2021) 6 NYCRR 201-7. Federally Enforceable Emission Caps (effective 2/25/2021) 6 NYCRR 201-8. General Permits (effective 2/22/2013) 6 NYCRR 201-9. Tables (effective 2/25/2021) Part 202. Emissions Verification 6 NYCRR 202-1. Emissions Testing, Sampling and Analytical Determinations (effective 9/30/2010) 6 NYCRR 202-2. Emission Statements (effective 12/3/2020) Part 207. Control Measures for an Air Pollution Episode (effective 2/22/1979) Part 211. General Prohibitions (effective 1/1/2011) Part 212. Process Operations (effective 6/13/2015) Part 215. Open Fires (effective 10/14/2009) Part 219. Incinerators 6 NYCRR 219-1. Incineration—General Provisions (effective 3/15/2020) 6 NYCRR 219-2. Municipal and Private Solid Waste Incineration Facilities (effective 5/21/2005) 6 NYCRR 219-10. Reasonably Available Control Technology (RACT) For Oxides of Nitrogen (NO(a) State requirements.
(1) The following State of North Carolina rules are applicable to OCS sources, as contained in State of North Carolina Air Pollution Control Requirements Applicable to OCS Sources, dated November 8, 2023:
The following sections of subchapter 02D and 02Q:
15A NCAC Subchapter 02D—Air Pollution Control Requirements Section .0100—Definitions and References 02D. 0101 Definitions (Effective 01/01/2018) 02D .0103 Copies of Referenced Federal Regulations (Effective 09/01/2023) 02D. 0104 Incorporation by reference (Effective 01/01/2018) 02D .0105 Mailing List (Effective 01/01/2018) Section .0200—Air Pollution Sources 02D. 0201 Classification of air pollution sources (Effective 01/01/2018) 02D. 0202 Registration of air pollution sources (Effective 01/01/2018) Section .0300—Air Pollution Emergencies 02D. 0301 Purpose (Effective 01/01/2018) 02D. 0302 Episode criteria (Effective 01/01/2018) 02D. 0303 Emission reduction plans (Effective 01/01/2018) 02D. 0304 Preplanned abatement program (Effective 01/01/2018) 02D. 0305 Emission reduction plan: Alert Level (Effective 01/01/2018) 02D. 0306 Emission reduction plan: Warning Level (Effective 01/01/2018) 02D. 0307 Emission reduction plan: Emergency Level (Effective 01/01/2018) Section .0400—Ambient Air Quality Standards 02D. 0401 Purpose (Effective 01/01/2018) 02D. 0402 Sulfur oxides (Effective 01/01/2018) 02D. 0403 Total suspended particulates (Effective 11/01/2020) 02D. 0404 Carbon monoxide (Effective 01/01/2018) 02D. 0405 Ozone (Effective 01/01/2018) 02D. 0407 Nitrogen dioxide (Effective 01/01/2018) 02D. 0408 Lead (Effective 01/01/2018) 02D. 0409 PM10 particulate matter (Effective 01/01/2018) 02D. 0410 PM2.5 particulate matter (Effective 01/01/2018) Section .0500—Emission Control Standards 02D. 0501 Compliance with emission control standards (Effective 09/01/2023) 02D. 0502 Purpose (Effective 11/01/2020) 02D. 0503 Particulates from fuel burning indirect heat exchangers (Effective 11/01/2023) 02D. 0504 Particulates from wood burning indirect heat exchangers (Effective 11/01/2020) 02D. 0506 Particulates from hot mix asphalt plants (Effective 11/01/2023) 02D. 0507 Particulates from chemical fertilizer manufacturing plants (Effective 11/01/2020) 02D. 0508 Particulates from pulp and paper mills (Effective 11/01/2020) 02D. 0509 Particulates from Mica or Feldspar processing plants (Effective 11/01/2020) 02D. 0510 Particulates from sand, gravel, or crushed stone operations (Effective 11/01/2020) 02D. 0511 Particulates from lightweight aggregate processes (Effective 11/01/2020) 02D. 0512 Particulates from wood products finishing plants (Effective 11/01/2020) 02D. 0513 Particulates from portland cement plants (Effective 11/01/2020) 02D. 0514 Particulates from ferrous jobbing foundries (Effective 11/01/2020) 02D. 0515 Particulates from miscellaneous industrial processes (Effective 11/01/2020) 02D. 0516 Sulfur dioxide emissions from combustion sources (Effective 6/1/2023) 02D. 0517 Emissions from plants producing sulfuric acid (Effective 11/01/2020) 02D. 0519 Control of nitrogen dioxide and nitrogen oxides emissions (Effective 11/01/2020) 02D. 0521 Control of visible emissions (Effective 11/01/2020) 02D. 0524 New Source Performance Standards (Effective 11/01/2020) 02D. 0527 Emissions from spodumene ore roasting (Effective 11/01/2020) 02D. 0528 Total reduced sulfur from kraft pulp mills (Effective 11/01/2020) 02D. 0529 Fluoride emissions from primary aluminum reduction plants (Effective 11/01/2020) 02D. 0530 Prevention of significant deterioration (Effective 10/01/2020) 02D. 0531 Sources in nonattainment areas (Effective 11/01/2020) 02D. 0532 Sources contributing to an ambient violation (Effective (11/01/2023) 02D. 0533 Stack height (Effective 11/01/2020) 02D. 0534 Fluoride emissions from phosphate fertilizer industry (Effective 11/01/2020) 02D. 0535 Excess emissions reporting and malfunctions (Effective 11/01/2020) 02D. 0537 Control of mercury emissions (Effective 11/01/2020) 02D. 0538 Control of ethylene oxide emissions (Effective 11/01/2020) 02D. 0539 Odor control of feed ingredient manufacturing plants (Effective 11/01/2020) 02D. 0540 Particulates from fugitive dust emission sources (Effective 09/01/2019) 02D. 0541 Control of emissions from abrasive blasting (Effective 11/01/2020) 02D. 0542 Control of particulate emissions from cotton ginning operations (Effective 11/01/2020) 02D. 0543 Best Available Retrofit Technology (Effective 11/01/2020) 02D. 0544 Prevention of Significant Deterioration Requirements for Greenhouse Gases (Effective 11/01/2020) 02D. 0546 Control of Emissions from Log Fumigation Operations (Effective 09/01/2023) Section .0600—Monitoring: Recordkeeping: Reporting 02D. 0601 Purpose and scope (Effective 11/01/2019) 02D. 0602 Definitions (Effective 11/01/2019) 02D. 0604 Exceptions to monitoring and reporting requirements (Effective 11/01/2019) 02D. 0605 General recordkeeping and reporting requirements (Effective 09/01/2023) 02D. 0606 Sources covered by appendix P of 40 CFR part 51 (Effective 11/01/2019) 02D. 0607 Large wood and wood-fossil fuel combination units (Effective 11/01/2019) 02D. 0608 Other large coal or residual oil burners (Effective 10/01/2022) 02D. 0610 Federal monitoring requirements (Effective 11/01/2019) 02D. 0611 Monitoring emissions from other sources (Effective 11/01/2019) 02D. 0612 Alternative monitoring and reporting procedures (Effective 11/01/2019) 02D. 0613 Quality assurance program (Effective 11/01/2019) 02D. 0614 Compliance assurance monitoring (Effective 11/01/2023) Section .0900—Volatile Organic Compounds 02D. 0901 Definitions (Effective 11/01/2020) 02D. 0902 Applicability (Effective 11/01/2020) 02D. 0903 Recordkeeping: reporting: monitoring (Effective 11/01/2020) 02D. 0906 Circumvention (Effective 11/01/2020) 02D. 0909 Compliance schedules for sources in ozone nonattainment and maintenance areas (Effective 11/01/2020) 02D. 0912 General provisions on test methods and procedures (Effective 11/01/2020) 02D. 0918 Can coating (Effective 11/01/2023) 02D. 0919 Coil coating (Effective 11/01/2020) 02D. 0922 Metal furniture coatings (Effective 11/01/2020) 02D. 0923 Surface coating of large appliances (Effective 11/01/2020) 02D. 0924 Magnet wire coating (Effective 11/01/2020) 02D. 0925 Petroleum liquid storage in fixed roof tanks (Effective 11/01/2020) 02D. 0926 Bulk gasoline plants (Effective 11/01/2023) 02D. 0927 Bulk gasoline terminals (Effective 11/01/2023) 02D. 0928 Gasoline service stations stage I (Effective 11/01/2023) 02D. 0930 Solvent metal cleaning (Effective 11/01/2020) 02D. 0931 Cutback asphalt (Effective 11/01/2020) 02D. 0932 Gasoline cargo tanks and vapor collection systems (Effective 11/01/2023) 02D. 0933 Petroleum liquid storage in external floating roof tanks (Effective 11/01/2020) 02D. 0935 Factory surface coating of flat wood paneling (Effective 11/01/2020) 02D. 0937 Manufacture of pneumatic rubber tires (Effective 11/01/2020) 02D. 0943 Synthetic organic chemical and polymer manufacturing (Effective 10/01/2022) 02D. 0944 Manufacture of polyethylene: polypropylene and polystyrene (Effective 10/01/2020) 02D. 0945 Petroleum dry cleaning (Effective 10/01/2020) 02D. 0947 Manufacture of synthesized pharmaceutical products (Effective 11/01/2020) 02D. 0948 VOC emissions from transfer operations (Effective 11/01/2020) 02D. 0949 Storage of miscellaneous volatile organic compounds (Effective 10/1/2022) 02D. 0951 RACT for sources of volatile organic compounds (Effective 11/01/2020) 02D. 0952 Petition for alternative controls for RACT (Effective 11/01/2020) 02D. 0955 Thread bonding manufacturing (Effective 11/01/2020) 02D. 0956 Glass Christmas ornament manufacturing (Effective 11/01/2020) 02D. 0957 Commercial bakeries (Effective 11/01/2020) 02D. 0958 Work practices for sources of volatile organic compounds (Effective 11/01/2020) 02D. 0959 Petition for superior alternative controls (Effective 11/01/2020) 02D. 0960 Cargo Tank Leak Tester Report (Effective 11/01/2023) 02D. 0961 Offset Lithographic Printing and Letterpress Printing (Effective 11/01/2023) 02D. 0962 Industrial Cleaning Solvents (Effective 11/01/2020) 02D. 0963 Fiberglass Boat Manufacturing Materials (Effective 11/01/2020) 02D. 0964 Miscellaneous Industrial Adhesives (Effective 11/01/2023) 02D. 0965 Flexible Package Printing (Effective 11/01/2020) 02D. 0966 Paper, Film and Foil Coatings (Effective 11/01/2020) 02D. 0967 Miscellaneous Metal and Plastic Parts Coatings (Effective 11/01/2020) 02D. 0968 Automobile and Light Duty Truck Assembly Coatings (Effective 11/01/2020) Section .1000—Motor Vehicle Emission Control Standard 02D. 1001 Purpose (Effective 07/01/2018) 02D. 1002 Applicability (Effective 07/01/2018) 02D. 1003 Definitions (Effective 07/01/2018) 02D. 1005 On-Board Diagnostic Standards (Effective 07/01/2018) 02D. 1006 Sale and Service of Analyzers (Effective 07/01/2018) 02D. 1008 Heavy Duty Diesel Engine Requirements (Effective 07/01/2018) Section .1100—Control of Toxic Air Pollutants 02D. 1101 Purpose (Effective 07/01/2018) 02D. 1102 Applicability (Effective 07/01/2018) 02D. 1103 Definition (Effective 07/01/2018) 02D. 1104 Toxic air pollutant guidelines (Effective 07/01/2018) 02D. 1105 Facility reporting, recordkeeping (Effective 07/01/2018) 02D. 1106 Determination of ambient air concentration (Effective 07/01/2018) 02D. 1107 Multiple facilities (Effective 07/01/2018) 02D. 1108 Multiple pollutants (Effective 07/01/2018) 02D. 1109 112(j) case-by-case maximum achievable control technology (Effective 07/01/2018) 02D. 1110 National Emission Standards for Hazardous Air Pollutants (Effective 07/01/2018) 02D. 1111 Maximum Achievable Control Technology (Effective 07/01/2018) 02D. 1112 112(g) case by case maximum achievable control technology (Effective 07/01/2018) Section .1200—Control of Emissions From Incinerators 02D. 1201 Purpose and scope (Effective 07/01/2018) 02D. 1202 Definitions (Effective 07/01/2018) 02D. 1204 Sewage sludge and sludge incinerators (Effective 12/01/2021) 02D. 1206 Hospital, medical, and infectious waste incinerators (Effective 07/01/2018) 02D. 1208 Other incinerators (Effective 07/01/2018) 02D. 1210 Commercial and industrial solid waste incineration units (Effective 07/01/2018) Section .1400—Nitrogen Oxides 02D. 1401 Definitions (Effective 05/01/2022) 02D. 1402 Applicability (Effective 05/01/2022) 02D. 1403 Compliance schedules (Effective 11/01/2023) 02D. 1404 Recordkeeping: Reporting: Monitoring: (Effective 10/01/2020) 02D. 1405 Circumvention (Effective 10/01/2020) 02D. 1407 Boilers and indirect-fired process heaters (Effective 10/01/2020) 02D. 1408 Stationary combustion turbines (Effective 10/01/2020) 02D. 1409 Stationary internal combustion engines (Effective 10/01/2020) 02D. 1410 Emissions averaging (Effective 10/01/2020) 02D. 1411 Seasonal fuel switching (Effective 10/01/2020) 02D. 1412 Petition for alternative limitations (Effective 10/01/2020) 02D. 1413 Sources not otherwise listed in this section (Effective 10/01/2020) 02D. 1414 Tune-up requirements (Effective 10/01/2020) 02D. 1415 Test methods and procedures (Effective 10/01/2020) 02D. 1418 New electric generating units, large boilers, and large I/C engines (Effective 10/01/2022) 02D. 1423 Large Internal Combustion Engines (Effective 10/01/2020) 02D. 1424 Large Non-Electric Generating Units (Effective 05/01/2022) 02D. 1425 NO(b) Local requirements.
(1) [Reserved]
Virginia:(a) State Requirements.
(1) The following Commonwealth of Virginia requirements are applicable to OCS Sources, September 8, 2021, Commonwealth of Virginia—Virginia Department of Environmental Quality.
The following sections of Virginia Regulations for the Control and Abatement of Air Pollution Control (VAC), Title 9, Agency 5:
Chapter 10—General Definitions (Effective 05/19/2017) 9VAC5-10-10. General. 9VAC5-10-20. Terms defined. 9VAC5-10-30. Abbreviations. Chapter 20—General Provisions (Effective 02/19/2018 Except Where Noted) Part I—Administrative 9VAC5-20-10. Applicability. 9VAC5-20-21. Documents incorporated by reference. (Effective 11/11/2020). 9VAC5-20-50. Variances. 9VAC5-20-70. Circumvention. 9VAC5-20-80. Relationship of state regulations to Federal regulations. 9VAC5-20-121. Air quality program policies and procedures. Part II—Air Quality Programs 9VAC5-20-160. Registration. 9VAC5-20-170. Control programs. 9VAC5-20-180. Facility and control equipment maintenance or malfunction. 9VAC5-20-200. Air quality control regions. 9VAC5-20-203. Maintenance areas. 9VAC5-20-204. Nonattainment areas. 9VAC5-20-205. Prevention of significant deterioration areas. 9VAC5-20-206. Volatile organic compound and nitrogen oxides emission control areas. 9VAC5-20-220. Shutdown of a stationary source. 9VAC5-20-230. Certification of documents. Chapter 30—Ambient Air Quality Standards (Effective 05/15/2017) 9VAC5-30-10. General. 9VAC5-30-15. Reference conditions. 9VAC5-30-30. Sulfur oxides (sulfur dioxide). 9VAC5-30-40. Carbon monoxide. 9VAC5-30-50. Ozone (1-hour). 9VAC5-30-55. Ozone (8-hour, 0.08 ppm). 9VAC5-30-56. Ozone (8-hour, 0.075 ppm). 9VAC5-30-57. Ozone (8-hour, 0.070 ppm). 9VAC5-30-60. Particulate matter (PM(2) [Reserved]