cfr_sections
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15 rows where part_number = 55 and title_number = 40 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 40:40:6.0.1.1.3.0.1.1 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.1 Statutory authority and scope. | EPA | 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. | ||||||
| 40:40:6.0.1.1.3.0.1.10 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.10 Fees. | EPA | [57 FR 40806, Sept. 4, 1992, as amended at 61 FR 34228, July 1, 1996] | (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. | |||||
| 40:40:6.0.1.1.3.0.1.11 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.11 Delegation. | EPA | [57 FR 40806, Sept. 4, 1992, as amended at 62 FR 46409, Sept. 2, 1997] | (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… | |||||
| 40:40:6.0.1.1.3.0.1.12 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.12 Consistency updates. | EPA | (a) The Administrator will update this part as necessary to maintain consistency with the regulations of onshore areas in order to attain and maintain Federal and State ambient standards and comply with part C of title I of the Act. (b) Where an OCS activity is occurring within 25 miles of a State seaward boundary, consistency reviews will occur at least annually. In addition, in accordance with paragraphs (c) and (d) of this section, consistency reviews will occur upon receipt of an NOI and when a State or local agency submits a rule to EPA to be considered for incorporation by reference in this part 55. (1) Upon initiation of a consistency review, the Administrator will evaluate the requirements of part 55 to determine whether they are consistent with the current onshore requirements. (2) If the Administrator finds that part 55 is inconsistent with the requirements in effect in the onshore area, EPA will conduct a notice and comment rulemaking to update part 55 accordingly. (c) Consistency reviews triggered by receipt of an NOI. Upon receipt of an NOI, the Administrator will initiate a consistency review of regulations in the onshore area. (1) If the NOI is submitted by a source for which the COA has previously been assigned, EPA will publish a proposed consistency update in the Federal Register no later than 60 days after the receipt of the NOI, if an update is deemed necessary by the Administrator: (2) If the NOI is submitted by a source requiring a COA designation, EPA will publish a proposed consistency update in the Federal Register, if an update is deemed necessary by the Administrator: (i) No later than 75 days after receipt of the NOI if no adjacent areas submit a request for COA designation and the NOA becomes the COA by default, or (ii) No later than 105 days after receipt of the NOI if an adjacent area submits a request to be designated as COA but fails to submit the required demonstration within 90 days of receipt of the NOI, or (iii) No later than 15 days after the date of the final … | ||||||
| 40:40:6.0.1.1.3.0.1.13 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.13 Federal requirements that apply to OCS sources. | EPA | [57 FR 40806, Sept. 4, 1992, as amended at 61 FR 34228, July 1, 1996] | (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 … | |||||
| 40:40:6.0.1.1.3.0.1.14 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.14 Requirements that apply to OCS sources located within 25 miles of States' seaward boundaries, by State. | EPA | [57 FR 40806, Sept. 4, 1992] | (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… | |||||
| 40:40:6.0.1.1.3.0.1.15 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.15 Specific designation of corresponding onshore areas. | EPA | [58 FR 14159, Mar. 16, 1993] | (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] | |||||
| 40:40:6.0.1.1.3.0.1.2 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.2 Definitions. | EPA | [57 FR 40806, Sept. 4, 1992, as amended at 62 FR 46408, Sept. 2, 1997] | 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, exc… | |||||
| 40:40:6.0.1.1.3.0.1.3 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.3 Applicability. | EPA | [57 FR 40806, Sept. 4, 1992, as amended at 62 FR 46408, Sept. 2, 1997] | (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. | |||||
| 40:40:6.0.1.1.3.0.1.4 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.4 Requirements to submit a notice of intent. | EPA | (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 s… | ||||||
| 40:40:6.0.1.1.3.0.1.5 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.5 Corresponding onshore area designation. | EPA | [57 FR 40806, Sept. 4, 1992, as amended at 61 FR 25151, May 20, 1996; 81 FR 71630, Oct. 18, 2016] | (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 … | |||||
| 40:40:6.0.1.1.3.0.1.6 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.6 Permit requirements. | EPA | [57 FR 40806, Sept. 4, 1992, as amended at 61 FR 34228, July 1, 1996; 62 FR 46409, Sept. 2, 1997; 81 FR 71630, Oct. 18, 2016] | (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… | |||||
| 40:40:6.0.1.1.3.0.1.7 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.7 Exemptions. | EPA | [57 FR 40806, Sept. 4, 1992, as amended at 81 FR 71630, Oct. 18, 2016] | (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 residu… | |||||
| 40:40:6.0.1.1.3.0.1.8 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.8 Monitoring, reporting, inspections, and compliance. | EPA | [57 FR 40806, Sept. 4, 1992, as amended at 58 FR 16626, Mar. 30, 1993] | (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. | |||||
| 40:40:6.0.1.1.3.0.1.9 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.9 Enforcement. | EPA | (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. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);