C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER C—AIR PROGRAMS › PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS

40 C.F.R. § 55.2

Definitions

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Administrator means the Administrator of the U.S. Environmental Protection Agency.

Corresponding Onshore Area (COA) means, with respect to any existing or proposed OCS source located within 25 miles of a State's seaward boundary, the onshore area that is geographically closest to the source or another onshore area that the Administrator designates as the COA, pursuant to § 55.5 of this part.

Delegated agency means any agency that has been delegated authority to implement and enforce requirements of this part by the Administrator, pursuant to § 55.11 of this part. It can refer to a State agency, a local agency, or an Indian tribe, depending on the delegation status of the program.

Existing source or existing OCS source shall have the meaning given in the applicable requirements incorporated into §§ 55.13 and 55.14 of this part, except that for two years following the date of promulgation of this part the definition given in § 55.3 of this part shall apply for the purpose of determining the required date of compliance with this part.

Exploratory source or exploratory OCS source means any OCS source that is a temporary operation conducted for the sole purpose of gathering information. This includes an operation conducted during the exploratory phase to determine the characteristics of the reservoir and formation and may involve the extraction of oil and gas.

Modification shall have the meaning given in the applicable requirements incorporated into §§ 55.13 and 55.14 of this part, except that for two years following the date of promulgation of this part the definition given in section 111(a) of the Act shall apply for the purpose of determining the required date of compliance with this part, as set forth in § 55.3 of this part.

Nearest Onshore Area (NOA) means, with respect to any existing or proposed OCS source, the onshore area that is geographically closest to that source.

New source or new OCS source shall have the meaning given in the applicable requirements of §§ 55.13 and 55.14 of this part, except that for two years following the date of promulgation of this part, the definition given in § 55.3 of this part shall apply for the purpose of determining the required date of compliance with this part.

OCS source means any equipment, activity, or facility which:

(1) Emits or has the potential to emit any air pollutant;

(2) Is regulated or authorized under the Outer Continental Shelf Lands Act (“OCSLA”) (43 U.S.C. § 1331 et seq.); and

(3) Is located on the OCS or in or on waters above the OCS.

This definition shall include vessels only when they are:

(1) Permanently or temporarily attached to the seabed and erected thereon and used for the purpose of exploring, developing or producing resources therefrom, within the meaning of section 4(a)(1) of OCSLA (43 U.S.C. § 1331 et seq.); or

(2) Physically attached to an OCS facility, in which case only the stationary sources aspects of the vessels will be regulated.

Onshore area means a coastal area designated as an attainment, nonattainment, or unclassifiable area by EPA in accordance with section 107 of the Act. If the boundaries of an area designated pursuant to section 107 of the Act do not coincide with the boundaries of a single onshore air pollution control agency, then onshore area shall mean a coastal area defined by the jurisdictional boundaries of an air pollution control agency.

Outer continental shelf shall have the meaning provided by section 2 of the OCSLA (43 U.S.C. § 1331 et seq.).

Potential emissions means the maximum emissions of a pollutant from an OCS source operating at its design capacity. Any physical or operational limitation on the capacity of a source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as a limit on the design capacity of the source if the limitation is federally enforceable. Pursuant to section 328 of the Act, emissions from vessels servicing or associated with an OCS source shall be considered direct emissions from such a source while at the source, and while enroute to or from the source when within 25 miles of the source, and shall be included in the “potential to emit” for an OCS source. This definition does not alter or affect the use of this term for any other purposes under § 55.13 or § 55.14 of this part, except that vessel emissions must be included in the “potential to emit” as used in §§ 55.13 and 55.14 of this part.

Residual emissions means the difference in emissions from an OCS source if it applies the control requirements(s) imposed pursuant to § 55.13 or § 55,14 of this part and emissions from that source if it applies a substitute control requirement pursuant to an exemption granted under § 55.7 of this part.

State means the State air pollution control agency that would be the permitting authority, a local air pollution permitting agency, or certain Indian tribes which can be the permitting authority for areas within their jurisdiction. State may also be used in the geographic sense to refer to a State, the NOA, or the COA.

[57 FR 40806, Sept. 4, 1992, as amended at 62 FR 46408, Sept. 2, 1997]
Notes of Decisions
Cited in 6 cases, 1994–2013 · leading case: Resisting Environmental Destruction on Indigenous Lands, Redoil v. United States Environmental Protection Agency
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Resisting Environmental Destruction on Indigenous Lands, Redoil v. United States Environmental Protection Agency (2012) ca9 · cites it 3× “” 40 C.F.R. § 55.2 . B. The Clean Air Act is Ambiguous as to BACT’s Application to Associated Vessels Not Attached to an OCS Source We next consider whether the Act clearly and unambiguously requires the application of all aspects of the PSD pro *1161 gram, including BACT, to…”
Redoil v. Epa (2012) ca9 · cites it 3× “” 40 C.F.R. § 55.2 . B. THE CLEAN AIR ACT IS AMBIGUOUS AS TO BACT’S APPLICATION TO ASSOCIATED VESSELS NOT ATTACHED TO AN OCS SOURCE We next consider whether the Act clearly and unambiguously requires the application of all aspects of the PSD program, including BACT, to…”
Redoil v. Epa (2013) ca9 · cites it 3× “” 40 C.F.R. § 55.2 . B. THE CLEAN AIR ACT IS AMBIGUOUS AS TO BACT’S APPLICATION TO ASSOCIATED VESSELS NOT ATTACHED TO AN OCS SOURCE We next consider whether the Act clearly and unambiguously requires the application of all aspects of the PSD program, including BACT, to…”
Resisting Environmental Destruction on Indigenous Lands v. United States Environmental Protection Agency (2012) ca9 · cites it 3× “” 40 C.F.R. § 55.2 . B. The Clean Air Act is Ambiguous as to BACT’s Application to Associated Vessels Not Attached to an OCS Source We next consider whether the Act clearly and unambiguously requires the application of all aspects of the PSD program, including BACT, to…”
Santa Barbara County Air Pollution Control District v. U.S. Environmental Protection Agency (1994) cadc “40 C.F.R. § 55.2 (1993). We find this to be a permissible reading of the statute: As section 7627 merely mentions vessels “servicing or associated with” an OCS source to ensure their emissions are included with those of the parent OCS source (when the vessel is within 25 miles…”
United States v. Transocean Deepwater Drilling Inc. (2013) txsd “(f) The provisions of this part shall not apply to an Outer Continental Shelf (“OCS”) source, as defined in 40 C.F.R. § 55.2 . § 68.100 Purpose. This subpart designates substances to be listed under section 112(r)(3), (4), and (5) of the Clean Air Act, as amended, identifies…”
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