MEMORANDUM

SUBJECT:	Technical Support Document – 40 CFR Part 55 Outer Continental
Shelf (OCS) – Incorporation of New York State Regulations

FROM:	Carla Adduci

	Air Programs Branch, Permitting Section

TO:	File

On September 4, 1992, EPA promulgated 40 CFR part 55, which established
requirements to control air pollution from OCS sources in order to
attain and maintain Federal and State ambient air quality standards
(AAQS) and to comply with the provisions of part C of title I of the
Clean Air Act (CAA), 42 U.S.C. 7401, et seq.  Part 55 applies to all OCS
sources offshore of the States except those located in the Gulf of
Mexico west of 87.5 degrees longitude.  Section 328 of the CAA requires
that for such sources located within 25 miles of a State's seaward
boundary, the requirements shall be the same as would be applicable if
the sources were located in the corresponding onshore area (COA).  

Section 328(a) of the CAA requires that EPA establish requirements to
control air pollution from OCS sources located within 25 miles of
States' seaward boundaries that are the same as onshore requirements. 
To comply with this statutory mandate, EPA must incorporate applicable
onshore rules into part 55.  EPA is today promulgating amendments to the
OCS air regulations.  The amendments incorporate the State of New York
Requirements applicable to OCS Sources into the Appendix of 40 CFR part
55.

	

EPA has evaluated the corresponding onshore area requirements to ensure
that they are rationally related to the attainment or maintenance of
Federal or State AAQS or part C of title I of the CAA, that they are not
designed expressly to prevent exploration and development of the OCS,
and that they are applicable to OCS sources.  40 CFR 55.1.  EPA has also
evaluated the rules to ensure that they are not arbitrary or capricious.
 40 CFR 55.12(e).  EPA has not delegated authority to New York to
implement and enforce 40 CFR part 55.  EPA will use its own
administrative and procedural requirements to implement the substantive
requirements.  40 CFR 55.14(c)(4).  Accordingly, EPA has excluded New
York’s administrative or procedural rules from the State of New York
Requirements Applicable to OCS Sources. 

Although not previously included, EPA is incorporating the following
regulations listed in Table 1.

Table 1

6 NYCRR

	Title	Section(s)	Reason For Incorporation

Part 200	General Provisions 	All	Related to the attainment or
maintenance of federal or state AAQS or Part C of title I of the CAA

Part 201	Permit & Certificates 	All	Related to the attainment or
maintenance of federal or state AAQS or Part C of title I of the CAA

Part 202	Emissions Verification 	202-1 & 

202-2	Related to the attainment or maintenance of federal or state AAQS
or Part C of title I of the CAA

Part 204	NOX Budget Trading Program 	All	Related to the attainment or
maintenance of federal or state AAQS or Part C of title I of the CAA

Part 207	Control Measures for Air Pollution Episode 	All	Related to the
attainment or maintenance of federal or state AAQS or Part C of title I
of the CAA

Part 210	Emissions & Labeling Requirements for Personal Watercraft
Engines 	All	Related to the attainment or maintenance of federal or
state AAQS or Part C of title I of the CAA

Part 211	General Prohibitions 	All	Related to the attainment or
maintenance of federal or state AAQS or Part C of title I of the CAA

Part 212	General Process Emission Sources 	All	Related to the attainment
or maintenance of federal or state AAQS or Part C of title I of the CAA

Part 215	Open Fires 	All	Related to the attainment or maintenance of
federal or state AAQS or Part C of title I of the CAA

Part 219	Incinerators 	All sections except 219-4	Related to the
attainment or maintenance of federal or state AAQS or Part C of title I
of the CAA

Part 225	Fuel Consumption & Use 	All	Related to the attainment or
maintenance of federal or state AAQS or Part C of title I of the CAA

Part 226	Solvent Metal Cleaning Processes 	All	Applicable to OCS sources

Part 227	Stationary Combustion Installations 	All	Applicable to OCS
sources

Part 228	Surface Coating Processes 	All	Applicable to OCS sources

Part 229	Petroleum & Volatile Organic Liquid Storage & Transfer 	All
Applicable to OCS sources

Part 231	New Source Review in Nonattainment and Ozone Transport Region 
231-1 & 231-2	Related to the attainment or maintenance of federal or
state AAQS or Part C of title I of the CAA

Part 240	Conformity to State or Federal Implementation Plans 	All
Related to the attainment or maintenance of federal or state AAQS or
Part C of title I of the CAA

Part 243	CAIR NOX Ozone Season Trading Program	All except 243-4	Related
to the attainment or maintenance of federal or state AAQS or Part C of
title I of the CAA

Part 244	CAIR NOX Annual Trading Program	All except 244-4 	Related to
the attainment or maintenance of federal or state AAQS or Part C of
title I of the CAA

Part 245	CAIR SO2 Trading Program	All except 245-4 & 245-5	Related to
the attainment or maintenance of federal or state AAQS or Part C of
title I of the CAA



EPA is not incorporating the following regulations listed in Table 2
below.

TABLE 2

6 NYCRR	Title	Section(s) 	Reason

Part 203	Indirect Sources of Air Contamination	All	Not applicable to OCS
sources (applies only to sources in New York County)

Part 205	Architectural Surface Coatings	All	Not applicable to OCS
sources (applies to seller or manufacturer)

Part 206	State Aid for General Air Pollution Control Work, NY City	All
Not applicable to OCS sources

Part 208	Landfill Gas Collection & Control Systems for Certain Municipal
Solid Waste Landfills	All	Not applicable to OCS sources

Part 209	Primary Aluminum Reduction Plants	All	Not applicable to OCS
sources

Part 213	Contaminant Emissions from Ferrous Jobbing Foundaries	All	Not
applicable to OCS sources

Part 214	Byproduct Coke Oven Batteries	All	Not applicable to OCS sources

Part 216	Iron and/or Steel Processes	All	Not applicable to OCS sources

Part 217	Motor Vehicle Emissions	All	Not applicable to OCS sources

Part 218	Emissions Standards for Motor Vehicles & Motor Vehicle Engines
All	Not applicable to OCS sources

Part 219	Incinerators	219-4	Not applicable to OCS sources (section
applicable to crematories)

Part 220	Portland Cement Plants	All	Not applicable to OCS sources

Part 221	Asbestos-Containing Surface Coating Material	All	Not related to
the attainment & maintenance of federal or state AAQS

Part 223	Petroleum Refineries	All	Not applicable to OCS sources

Part 224	Sulfuric & Nitric Acid Plants	All	Not applicable to OCS sources

Part 230	Gasoline Dispensing Sites & Transport Vehicles	All	Not
applicable to OCS sources

Part 232	Perchloroethylene Dry Cleaning Facilities	All	Not related to
the attainment & maintenance of federal or state AAQS

Part 233	Pharmaceutical & Cosmetic Manufacturing Processes	All	Not
applicable to OCS sources

Part 234	Graphic Arts	All	Not applicable to OCS sources

Part 235	Consumer Products	All	Not applicable to OCS sources

(applies to seller or manufacturer)

Part 236	Synthetic Organic Chemical Manufacturing Facility Component
Leaks	All	Not applicable to OCS sources

Part 237	Acid Deposition Reduction NOX Budget Trading Program	All	Not
applicable to OCS sources (applies only to sources in NY State)

Part 238	Acid Deposition Reduction SO2 Budget Trading Program	All	Not
applicable to OCS sources (applies only to sources in NY State)

Part 239	Portable Fuel Container Spillage Control	All	Not applicable to
OCS sources (applies to seller or manufacturer)

Part 243	CAIR NOX Ozone Season Trading Program	243-4	Section
“reserved”

Part 244	CAIR NOX Annual Trading Program	244-4	Section “reserved”

Part 245	CAIR SO2 Trading Program	245-4 & 

245-5	Sections “reserved”

Part 246	Mercury Reduction Program for Coal Fired Electric Utility Steam
Generating Units	All	Not applicable to OCS sources

Part 250	Miscellaneous Orders	All	Not applicable to OCS sources



 The reader may refer to the Notice of Proposed Rulemaking, December 5,
1991 (56 FR 63774), and the preamble to the final rule promulgated
September 4, 1992 (57 FR 40792) for further background and information
on the OCS regulations.

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