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Outer Continental Shelf Air Regulations Remands

air-emissions · Rule · Published 1997-09-02 · Effective 1997-10-02 · 62 FR 46406

Document

Document number
97-23091
Federal Register citation
62 FR 46406
CFR reference
40 CFR 55
Type
Rule
Action
Final rule.
Category
air-emissions
Publication date
1997-09-02
Effective date
1997-10-02
EPA docket
FRL-5880-6

Abstract

The EPA is revising the outer continental shelf (OCS) air regulations in response to two remands from the U.S. Court of Appeals for the District of Columbia Circuit. These regulations establish air pollution control requirements for certain sources located on the OCS. In response to the requirements of section 328 of the Clean Air Act (Act), on September 4, 1992, EPA promulgated the OCS regulations setting up two regimes for controlling air pollution from OCS sources for the purposes of attaining and maintaining Federal air quality standards and to comply with certain Act requirements for preconstruction review of new and modified major sources on the OCS. The Santa Barbara County Air Pollution Control District (APCD) filed a petition for review of the regulations on several issues and the Court granted a remand on two of those issues. The first issue raised concerned EPA's decision not to provide for delegation to State and local agencies of the authority to implement and enforce the regulations for sources located beyond 25 miles of the States' seaward boundaries (the 25-mile limit). The EPA requested a voluntary remand of this issue, and the court granted the remand. On May 20, 1996, EPA proposed revisions to the OCS regulations to provide for delegation to State and local agencies the authority to implement and enforce the OCS regulations beyond the 25-mile limit. By this action, EPA is promulgating those regulations. Delegation of the program to any specific State or local agency will be under separate action. The Santa Barbara APCD also challenged the portion of the OCS regulations that set up special offset requirements for OCS sources located within the 25-mile limit. Upon review, the court found that the special offset provisions departed from the Act, vacated the regulation in part, and remanded that portion to EPA for further consideration. On May 20, 1996, EPA promulgated revisions to the OCS regulations to delete the special offset provisions and to req

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