[Code of Federal Regulations]
[Title 40, Volume 5]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR55.2]

[Page 105-107]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 55_OUTER CONTINENTAL SHELF AIR REGULATIONS--Table of Contents
 
Sec. 55.2  Definitions.

    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 Sec. 55.5 of this part.
    Delegated agency means any agency that has been delegated authority 
to implement and enforce requirements of

[[Page 106]]

this part by the Administrator, pursuant to Sec. 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 Sec. Sec. 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 Sec. 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 Sec. Sec. 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 Sec. 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 Sec. Sec. 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 Sec. 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. Sec. 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. Sec. 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. Sec. 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 Sec. Sec. 55.13 or 55.14 of this 
part, except that vessel emissions must be included in the ``potential 
to emit'' as used in Sec. Sec. 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 
Sec. 55.13 or Sec. 55,14 of this part and emissions from that source 
if it applies a substitute

[[Page 107]]

control requirement pursuant to an exemption granted under Sec. 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]