[Code of Federal Regulations]
[Title 40, Volume 5]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR55.12]

[Page 116-117]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 55--OUTER CONTINENTAL SHELF AIR REGULATIONS--Table of Contents
 
Sec. 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 Federal Register no later than 60 days after the receipt of the 
NOI, if an

[[Page 117]]

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 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 Federal Register to approve 
applicable rules submitted by State or local regulatory agencies for 
incorporation by reference into Sec. 55.14 of this part by the end of 
the calendar quarter following the quarter in which the submittal is 
received by EPA.
    (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.