[Federal Register Volume 75, Number 13 (Thursday, January 21, 2010)]
[Rules and Regulations]
[Pages 3387-3392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1110]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[EPA-R10-OAR-2009-0111; FRL-9095-9]
Outer Continental Shelf Air Regulations Consistency Update for
Alaska
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is finalizing the update of the Outer Continental Shelf
(``OCS'') Air Regulations proposed in the Federal Register on March 3,
2009. Requirements applying to OCS sources located within 25 miles of
States' seaward boundaries must be updated periodically to remain
consistent with the requirements of the corresponding onshore area
(``COA''), as mandated by section 328(a)(1) of the Clean Air Act (``the
Act''). The portion of the OCS air regulations that is being updated
pertains to the requirements for OCS sources operating off of the State
of Alaska. The intended effect of approving the OCS requirements for
the State of Alaska is to regulate emissions from OCS sources in a
manner consistent with the requirements onshore. The change to the
existing requirements discussed below is incorporated by reference into
the regulations and is listed in the appendix to the OCS air
regulations.
DATES: Effective Date: The final rule portion of this rulemaking is
effective on February 22, 2010.
This incorporation by reference of certain publications listed in
this rule is approved by the Director of the Federal Register as of
February 22, 2010.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R10-OAR-2009-0111. The index to the docket is available
electronically at http://www.regulations.gov or in hard copy at the
Office of Air, Waste and Toxics, U.S. Environmental Protection Agency,
Region 10, 1200 Sixth Avenue, Seattle, Washington 98101. While all
documents in the docket are listed in the index, some information may
be publically available only at the hard copy location (e.g.,
copyrighted materials), and some may not be publicly available in
either location (e.g., Confidential Business Information). To inspect
the hard copy materials, please schedule an appointment during normal
business hours with the contact listed in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Natasha Greaves, Federal and Delegated
[[Page 3388]]
Air Programs Unit, Office of Air, Waste, and Toxics, U.S. Environmental
Protection Agency, Region 10, 1200 Sixth Avenue, Suite 900, Mail Stop:
AWT-107, Seattle, WA 98101; telephone number: (206) 553-7079; e-mail
address: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to the U.S. EPA. Organization of this
document: The following outline is provided to aid in locating
information in this preamble.
Table of Contents
I. Background Information
II. Public Comment and EPA Response
III. EPA Action
IV. Administrative Requirements
I. Background Information
On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ which
established requirements to control air pollution from OCS sources in
order to attain and maintain Federal and State ambient air quality
standards and to comply with the provisions of part C of title I of the
Act. 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 Act 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 COA. Because
the OCS requirements are based on onshore requirements, and onshore
requirements may change, section 328(a)(1) requires that EPA update the
OCS requirements as necessary to maintain consistency with onshore
requirements.
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\1\ 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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On March 3, 2009, (74 FR 1980), EPA proposed to approve
requirements into the OCS Air Regulations pertaining to the State of
Alaska. These requirements are being promulgated in response to the
submittal of a Notice of Intent on January 9, 2009, by Shell Offshore,
Inc. of Houston, Texas. EPA has evaluated the proposed requirements to
ensure that they are rationally related to the attainment or
maintenance of Federal or State ambient air quality standards or part C
of title I of the Act, 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). In
addition, EPA has excluded administrative or procedural rules.
Section 328(a) of the Act 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. This limits EPA's flexibility in deciding
which requirements will be incorporated into part 55 and prevents EPA
from making substantive changes to the requirements it incorporates. As
a result, EPA may be incorporating rules into part 55 that do not
conform to all of EPA's State Implementation Plan (``SIP'') guidance or
certain requirements of the Act. Consistency updates may result in the
inclusion of State or local rules or regulations into part 55, even
though the same rules may ultimately be disapproved for inclusion as
part of the SIP. Inclusion in the OCS rule does not imply that a rule
meets the requirements of the Act for SIP approval, nor does it imply
that the rule will be approved by EPA for inclusion in the SIP.
II. Public Comment and EPA Response
EPA's March 3, 2009, proposed action provided a 30-day public
comment period which closed on April 2, 2009. On April 2, 2009, the
North Slope Borough submitted a summary of comments on EPA's proposed
rules and also requested an extension of the public comment period in
order to prepare and submit more detailed comments. On April 29, 2009,
EPA reopened the public comment period for an additional 14 days. The
reopened public comment period closed on May 13, 2009. During this
period, we received one comment on the proposed action. This comment
was submitted by the North Slope Borough by letter dated May 13, 2009.
Comment: The North Slope Borough seeks clarification on how the
rules are rationally related to attainment or maintenance of Federal or
State ambient air quality standards without data to support EPA's
claim.
Response: EPA is required to perform consistency updates to
maintain consistency with onshore regulations. In order to be
considered for inclusion in the OCS rule, State and local requirements
must have been formally adopted by the regulatory agency. Before a rule
can apply to an OCS source, it must be incorporated into part 55 by
formal rulemaking. EPA incorporates those onshore rules that comply
with the statutory requirements of section 328 of the Clean Air Act
that are rationally related to the attainment and maintenance of
national or State ambient air quality standards and the prevention of
significant deterioration of air quality. EPA must adopt the COA rules
into part 55 as they exist onshore. This prevents EPA from making
substantive changes to the rules it incorporates. In addition, rules
incorporated cannot be used for the purpose or preventing exploration
or development of the OCS.
For the proposed rule, EPA reviewed the ACC as amended through
November 9, 2008 to identify which rules applicable to OCS sources are
rationally related to the attainment or maintenance of Federal or State
ambient air quality standards. These rules were incorporated into part
55. Rules that are arbitrary or capricious, administrative or
procedural, regulate toxics, and/or designed to prevent exploration and
development on the OCS were excluded from incorporation. Section 328 of
the Act requires that the requirements for sources located within 25
miles of a State's seaward boundary, shall be the same as would be
applicable if the source were located on the COA. EPA's action
specifies the OCS requirements that will apply to any OCS source for
which Alaska is the COA. The intended effect of approving the OCS
requirements is to regulate emissions from OCS sources in accordance
with the requirements onshore; to the extent those requirements are
applicable to OCS sources and as modified by the requirements of
section 328 and 40 CFR part 55. EPA determined that each of the Alaska
rules proposed to be incorporated relate to the regulation of criteria
pollutants or their precursors and therefore are related to the Federal
or State air quality standards or relate to the prevention of
significant deterioration. For example, this final rule includes the
State of Alaska regulations regarding ambient air quality management
including other provisions regarding major and minor stationary source
permit, but does not include provisions unrelated to OCS sources or
activities. Because EPA must adopt the COA rules into part 55 as they
exist onshore, EPA does not make substantive changes to the rules it
incorporates. After reviewing Alaska's rules, EPA determined that they
are rationally related to the attainment or maintenance of Federal or
State ambient air quality standards or part C of title I of the Act,
that they are not designed expressly to prevent exploration and
development of the OCS and that they are applicable to OCS sources.
Comment: The North Slope Borough requested clarification regarding
changes made to the following AAC
[[Page 3389]]
provisions, that were proposed to be incorporated by reference into
part 55: 18 AAC 50.040 Federal Standards Adopted by Reference; 18 AAC
50.055 Industrial Processes and Fuel-Burning Equipment; 18 AAC 50.070
Marine Vessel Visible Emission Standards; 18 AAC 50.260 Best Available
Retrofit Technology Under Regional Haze Rule; 18 AAC 50.321 Case-by-
Case Maximum Achievable Control Technology; 18 AAC 50.502 Minor Permit
for Air Quality Protection; and 18 AAC 50.542 Minor Permit Review and
Issuance.
Response: The Alaska Department of Environmental Conservation
(``ADEC'') Public Comment Draft dated November 21, 2007, is a marked-up
copy detailing the changes it proposed for 18 AAC 50.040, 18 AAC
50.055, 18 AAC 50.502, and 18 AAC 50.542. This document entitled, the
``Regulation Hygiene Regulations Explanation of Proposed Changes''
identifies changes and rational for each change made in the rules.
These changes include updating incorporations by reference; adoption
clarifications to existing regulations to fix typos, incorrect
references, and internal regulation conflicts; and changes to
regulations to eliminate confusion with or misinterpretations of 18 AAC
50. ADEC's proposed rules ``Regulation Hygiene Regulations Explanation
of Proposed Changes'' is included in the docket for this EPA action.
The final changes made to 18 AAC 50.040, 18 AAC 50.055, 18 AAC 50.502,
and 18 AAC 50.542 were the same as explained in the State proposal. The
amended provisions were published in register 187 and were State
effective on November 25, 2008.
ADEC's Public Comment Draft for changes made to 18 AAC 50.260 Best
Available Retrofit Technology Under Regional Haze Rule, explains the
changes the State made to that rule and is also part of the docket for
this EPA action.
The North Slope Borough also requested clarification on changes
made to 18 AAC 50.070 Marine Vessel Visible Emission Standards and 18
AAC 50.321 Case-by-Case Maximum Achievable Control Technology. EPA's
review of these standards did not note any changes since the last final
consistency update on February 8, 2007. 18 AAC 50.070 was last amended
on June 21, 1998 and 18 AAC 50.321 was last amended on December 1,
2004.
Comment: The North Slope Borough requested an explanation of each
change made to part 55, with a rational for each change.
Response: The changes to the regulations are explained above. This
comment requesting that the rational for each change be explained is
beyond the scope of this part 55 consistency update. In a consistency
update, EPA updates part 55 as necessary to maintain consistency with
the requirements of the onshore area in order to attain and maintain
Federal and State ambient air quality standards and comply with part C
of title I of the Act. EPA adopts the applicable COA rules into part 55
as they exist onshore and does not make substantive changes to the
rules it incorporates. EPA does not, and is not required to, evaluate
or consider the State's rational for each change.
Comment: The North Slope Borough requested an explanation as to why
Executive Order 12898, Federal Actions to Address Environmental Justice
in Minority Populations and Low Income Populations, and the potential
environmental justice implications of the proposed action is not
discussed.
Response: This rulemaking action implements the legal requirements
set forth in section 328 of the Act and EPA is required to take the
action and has no discretion to do otherwise. Moreover, even if EPA had
some legal discretion, there is no reason to believe that the action
would constitute a denial of fair treatment or meaningful participation
to any person such as to have environmental justice implications. This
final rule simply updates the existing OCS rules to make them
consistent with the current COA requirements. The OCS rules already
apply onshore in the COA and there is no evidence to suggest that the
incorporation of the same rules into part 55 will cause any change. In
those circumstances, there is no need for any additional review or
analysis under Executive Order 12898.
Comment: The North Slope Borough requests clarification on why
EPA's action is not significant.
Response: The consistency update simply updates the existing
requirements for controlling air pollution from OCS sources to make
them consistent with rules in the COA as specifically required by
section 328 of the Act. This action does not involve the exercise of
policy discretion on the part of EPA. Therefore, as explained in more
detail in Section IV below, this action is not likely to have the type
of effect or impact or involve the requisite issues to be a significant
regulatory action within the meaning of Executive Order 12866,
Regulatory Planning and Review.
Additionally, since the consistency update is not a significant
regulatory action under Executive Order 12866, it is not a significant
energy action under Executive Order 13211, Actions Concerning
Regulations that Significantly Affect Energy Supply, Distribution, or
Use. Even if the consistency update were a significant regulatory
action under Executive Order 12866, EPA has no reason to believe that
updating the existing requirements for controlling air pollution from
OCS to make them consistent with rules already applied to sources in
the COA would be ``likely to have a significant adverse effect on the
supply, distribution, or use of energy: Within the meaning of section
4(b)(1)(ii) of Executive Order 13211.'' Therefore, even if the
consistency update were a significant regulatory action under Executive
Order 12866, which it is not, it would not be a significant energy
action under Executive Order 13211.
Comment: The North Slope Borough wants to know how EPA will comply
with the National Environmental Policy Act (``NEPA'').
Response: Congress expressly exempted EPA actions under the Act
from NEPA requirements when it passed the Energy Supply and
Environmental Coordination Act of 1974 (``ESECA''). The exemption
provides: ``No action taken under the Act shall be deemed a major
Federal action significantly affecting the quality of the human
environment within the meaning of National Environmental Policy Act * *
*'' (15 U.S.C. 793(c)(1)). Since section 328 of the Act requires EPA to
establish requirements to control air pollution from OCS sources, and
the ESECA exempts action taken under the Act from being deemed a major
Federal action, NEPA requirements do not apply to this action.
Comment: The North Slope Borough would like to know how local laws
and regulations, such as the North Slope Borough's Title 19 are
considered in the consistency update.
Response: The North Slope Borough's Title 19 includes rules for the
creation of the Department of Planning and Community Service (Chapter
19.05), General Provision (Chapter 19.10), and Definitions (Chapter
19.20). The Department of Planning and Community Service is responsible
for administering the North Slope Borough's planning and zoning
ordinances, the Costal Zone Management Plan, and the Barrow Zoning
Ordinance; ensuring compliance with local, State, and Federal law
regarding land use; providing review and comment on development issues;
providing for a geographical database covering the entire North Slope
Borough including mapping and graphic services; gathering information
and developing a comprehensive capital improvement program plans for
the North Slope Borough; providing
[[Page 3390]]
teleconferencing facilities; gathering and preserving data regarding
Inupiat history, language, and culture; and supporting the Simeon
Paneak Museum in Anaktuvuk Pass.
As stated in title 19, the purpose of the General Provisions is to:
(1) Achieve the goals and objectives, and implement the policies of,
the North Slope Borough Comprehensive Plan, including its Costal
Management Program; (2) ensure that the future growth and development
of the Borough is in accordance with the values of its residents; (3)
identify and secure, for present and future residents, the beneficial
impacts of development; (4) identify and avoid, mitigate, or prohibit
the negative impacts of development; and (5) ensure that future
development is of the proper type, design and location, and is served
by a proper range of public services and facilities. (Chapter
19.10.010)
After receiving the comment, EPA reviewed the North Slope Borough's
Title 19 and determined that these rules are not related to the
attainment or maintenance of the Federal or State ambient air quality
standards or necessary to assure compliance with the provisions of Part
C of subchapter I of the Act. Therefore, EPA determined that these
rules are not appropriate for inclusion into part 55.
Comment: The North Slope Borough would like EPA to identify how
part 55 will provide for the consideration of greenhouse gases.
Response: The comment goes beyond the scope of this rulemaking. As
explained above, this rulemaking simply updates Part 55 by
incorporating into those regulations the existing COA requirements
related to the attainment or maintenance of the Federal or State
ambient air quality standards and the standards necessary to assure
compliance with the provisions of Part C of subchapter I of the Act. We
take this action pursuant to section 328 of the Act. We believe we
will, through this action, have incorporated all of the relevant
requirements of the COA.
Comment: The North Slope Borough requested that EPA clarify what
version of the State rules is being adopted into 40 CFR part 55
Appendix A.
Response: EPA reviewed the applicable dates in Appendix A and noted
that some of the proposed rules contained out-of-date State effective
dates. These have been corrected and all the rules listed in the
Appendix now reflect current effective dates. A marked up copy of the
changes are available in the docket.
Comment: The North Slope Borough requests that EPA clearly explain
how the agency will ensure that the increments established to prevent
significant deterioration (``PSD'') of air quality will be protected
within 25 miles of Alaska's seaward boundary. The North Slope Borough
specifically asks EPA to clarify the applicable baseline areas and
baseline dates for OCS sources nearest Alaska and to clearly explain
the requirements for new and modified OCS sources with respect to PSD
increment analyses.
Response: The comment raises questions that go beyond the scope of
this rulemaking. As previously explained, the purpose of this
rulemaking is to update the OCS rules applicable to OCS sources located
within 25 miles of Alaska's seaward boundary so that they remain
consistent with the onshore rules. Section 328 of the Act requires EPA
to establish requirements to control air pollution from OCS sources to
attain and maintain Federal and State ambient air quality standards and
to comply with the provisions of part C of title I (the provisions
regarding prevention of significant deterioration). For OCS sources
located within 25 miles of a State's seaward boundaries, these
requirements are to be the same as would be applicable if the source
were located in the COA.
EPA has met this requirement by incorporating the COA rules into
the Federal rules for OCS sources, specifically into 40 CFR 55.14. In
the case of the Alaska OCS, these rules include, among other things,
the State's PSD permitting rule (18 AAC 50.306), the State rule that
documents the PSD baseline areas and baseline dates for the COA (18 AAC
50.020) and the requirement for a PSD source to demonstrate that the
allowable emissions from the new source or modification would not cause
or contribute to a violation of an applicable PSD increment (see 40 CFR
52.21(k)(2)), incorporated by reference into ADEC's rules at 18 AAC
50.040(h). This update incorporates the current onshore rules regarding
increment to make them consistent with the existing requirements in the
COA.
Comment: The North Slope Borough also incorporated into its
comments a letter it had previously sent to the Minerals Management
Service (``MMS'') regarding the MMS' air quality analysis for the
Beaufort Sea and the Chukchi Sea Planning Areas Oil and Gas lease sales
209, 212, 217 and 221 Draft Environmental Impact Statement OCS EIS/EA
MMS 2008-0055.
Response: The comments contained in the letter to the MMS relate to
the analysis the MMS conducted on the air impacts that could occur as a
result of the actions authorized under the Draft Environmental Impact
Statement. These comments do not relate to the proposed EPA action
which is simply to incorporate the applicable onshore regulations into
part 55. These comments are therefore beyond the scope of this
rulemaking.
III. EPA Action
In this document, EPA takes final action to incorporate the changes
proposed on March 3, 2009 except for 18 AAC 50.410 into 40 CFR part 55.
Subsequent to EPA's March 3, 2009 proposed changes to 40 CFR part 55,
the State of Alaska adopted regulation changes in Title 18, Chapter 50
of the Alaska Administrative Code (``ACC''). More specifically, as
amended through June 18, 2009, Alaska revised the Air Emission User Fee
provision in 18 AAC 50.410 to extend the date through which the current
emission fee rates apply to stationary sources permitted under AS 46.14
from to June 30, 2009 to June 30, 2010 and clarified that the fee
applies annually. EPA is taking direct final action, under Docket ID
No. EPA-R10-OAR-2009-0799, to incorporate 18 AAC 50.410 as amended
through June 18, 2009 rather than the version referenced on March 3,
2009 proposal, into 40 CFR part 55.
As described above, EPA is approving the action under section
328(a)(1) of the Act, 42 U.S.C. 7627. Section 328(a) of the Act
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 incorporates applicable onshore rules into part 55 as they
exist onshore.
IV. Administrative Requirements
Under the Clean Air Act, the Administrator is required to establish
requirements to control air pollution from OCS sources located within
25 miles of States' seaward boundaries that are the same as onshore air
control requirements. To comply with this statutory mandate, EPA must
incorporate applicable onshore rules into part 55 as they exist
onshore. 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in promulgating OCS
consistency updates, EPA's role is to maintain consistency between OCS
regulations and the regulations of onshore areas, provided that they
meet the criteria of the Clean Air Act. Accordingly, this action simply
updates the existing OCS requirements to make them consistent with
requirements onshore, without the exercise of policy discretion by EPA.
For that reason, this action:
[[Page 3391]]
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes, nor does it impose
substantial direct compliance costs on Tribal governments, nor preempt
Tribal law.
Under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501
et seq., an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. OMB has approved the information
collection requirements contained in 40 CFR part 55 and, by extension,
this update to the rules, and has assigned OMB control number 2060-
0249. Notice of OMB's approval of EPA Information Collection Request
(``ICR'') No. 1601.07 was published in the Federal Register on February
17, 2009 (74 FR 7432). The approval expires January 31, 2012. As EPA
previously indicated (70 FR 65897-65898 (November 1, 2005)), the annual
public reporting and recordkeeping burden for collection of information
under 40 CFR part 55 is estimated to average 549 hours per response,
using the definition of burden provided in 44 U.S.C. 3502(2).
The Congressional Review Act, 5 U.S.C. 801 st seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air, petitions for judicial
review of this action must be filed in the United States Court of
Appeals for the appropriate circuit by March 22, 2010. Filing a
petition for reconsideration by the Administrator of this final action
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 55
Environmental protection, Administrative practice and procedures,
Air pollution control, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Nitrogen oxides, Outer
Continental Shelf, Ozone, Particulate matter, Permits, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: December 14, 2009.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
0
Title 40, chapter I of the Code of Federal Regulations, is amended as
follows:
PART 55--[AMENDED]
0
1. The authority citation for part 55 continues to read as follows:
Authority: Section 328 of the Act (42 U.S.C. 7401, et seq.) as
amended by Public Law 101-549.
0
2. Section 55.14 is amended by revising paragraph (e)(2)(i)(A) to read
as follows:
Sec. 55.14 Requirements that apply to OCS sources located within 25
miles of States' seaward boundaries, by State.
* * * * *
(e) * * *
(2) * * *
(i) * * *
(A) State of Alaska Requirements Applicable to OCS Sources,
November 9, 2009.
* * * * *
0
3. Appendix A to CFR part 55 is amended by revising paragraph (a)(1)
under the heading ``Alaska'' to read as follows:
Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, by State
* * * * *
Alaska
(a) * * *
(1) The following State of Alaska requirements are applicable to
OCS Sources, November 9, 2009, Alaska Administrative Code--
Department of Environmental Conservation. The following sections of
Title 18, Chapter 50:
Article 1. Ambient Air Quality Management
18 AAC 50.005. Purpose and Applicability of Chapter (effective 10/
01/2004)
18 AAC 50.010. Ambient Air Quality Standards (effective 10/01/2004)
18 AAC 50.015. Air Quality Designations, Classification, and Control
Regions (effective 10/10/2004) except (d)(2)
Table 1. Air Quality Classifications
18 AAC 50.020. Baseline Dates and Maximum Allowable Increases
(effective 07/25/2008)
Table 2. Baseline Dates
Table 3. Maximum Allowable Increases
18 AAC 50.025. Visibility and Other Special Protection Areas
(effective 06/21/1998)
18 AAC 50.030. State Air Quality Control Plan (effective 11/09/2008)
18 AAC 50.035. Documents, Procedures, and Methods Adopted by
Reference (effective 11/09/2008)
18 AAC 50.040. Federal Standards Adopted by Reference (effective 07/
25/2008) except (a)(H), (a)(I), (a)(N) through (a)(P), (a)(R)
through (a)(U), (a)(W), (a)(Y), (a)(AA), (a)(CC) through (a)(EE),
(a)(II), (a)(KK), (c)(4), (c)(5), (c)(12), (c)(14) through (c)(16),
(c)(18), (c)(20), (c)(25), (c)(26) through (c)(29), (c)(30), (c)(31)
and (g)
18 AAC 50.045. Prohibitions (effective 10/01/2004)
18 AAC 50.050. Incinerator Emissions Standards (effective 07/25/
2008)
[[Page 3392]]
Table 4. Particulate Matter Standards for Incinerators
18 AAC 50.055. Industrial Processes and Fuel-Burning Equipment
(effective 07/25/2008) except (a)(3) through (a)(9), (b)(2)(A),
(b)(4) through (b)(6), (e) and (f)
18 AAC 50.065. Open Burning (effective 01/18/1997)
18 AAC 50.070. Marine Vessel Visible Emission Standards (effective
06/21/1998)
18 AAC 50.075. Wood-Fired Heating Device Visible Emission Standards
(effective 01/18/1997)
18 AAC 50.080. Ice Fog Standards (effective 01/18/1997)
18 AAC 50.085. Volatile Liquid Storage Tank Emission Standards
(effective 01/18/1997)
18 AAC 50.090. Volatile Liquid Loading Racks and Delivery Tank
Emission Standards (effective 07/25/2008)
18 AAC 50.100. Nonroad Engines (effective 10/01/2004)
18 AAC 50.110. Air Pollution Prohibited (effective 05/26/1972)
Article 2. Program Administration
18 AAC 50.200. Information Requests (effective 10/01/2004)
18 AAC 50.201. Ambient Air Quality Investigation (effective 10/01/
2004)
18 AAC 50.205. Certification (effective 10/01/2004)
18 AAC 50.215. Ambient Air Quality Analysis Methods (effective 07/
25/2008)
Table 5. Significant Impact Levels (SILs)
18 AAC 50.220. Enforceable Test Methods (effective 10/01/2004)
18 AAC 50.225. Owner-Requested Limits (effective 07/25/2008) except
(c) through (g)
18 AAC 50.230. Preapproved Emission Limits (effective 01/29/2005)
except (d)
18 AAC 50.235. Unavoidable Emergencies and Malfunctions (effective
10/01/2004)
18 AAC 50.240. Excess Emissions (effective 10/01/2004)
18 AAC 50.245. Air Episodes and Advisories (effective 10/01/2004)
Table 6. Concentrations Triggering an Air Episode
18 AAC 50.260. Guidance for Best Available Retrofit Technology under
the Regional Haze Rule (effective 12/30/2007)
Article 3. Major Stationary Source Permits
18 AAC 50.301. Permit Continuity (effective 10/01/2004) except (b)
18 AAC 50.302. Construction Permits (effective 10/01/2004)
18 AAC 50.306. Prevention of Significant Deterioration (PSD) Permits
(effective 07/25/2008) except (c)(2) and (e)
18 AAC 50.311. Nonattainment Area Major Stationary Source Permits
(effective 10/01/2004) except (c)
18 AAC 50.316. Preconstruction Review for Construction or
Reconstruction of a Major Source of Hazardous Air Pollutants
(effective 12/01/2004) except (c)
18 AAC 50.321. Case-By-Case Maximum Achievable Control Technology
(effective 12/01/2004)
18 AAC 50.326. Title V Operating Permits (effective12/01/2004)
except (c)(1), (h), (i)(3), (j)(5), (j)(6), (k)(1)(k)(3), (k)(5),
and (k)(6)
18 AAC 50.345. Construction, Minor and Operating Permits: Standard
Permit Conditions (effective 11/09/2008)
18 AAC 50.346. Construction and Operating Permits: Other Permit
Conditions (effective 11/09/2008)
Table 7. Standard Operating Permit Condition
Article 4. User Fees
18 AAC 50.400. Permit Administration Fees (effective 07/25/2008)
except (c)(1) through (c)(3), (c)(6), (k)(3) and (m)(3)
18 AAC 50.403. Negotiated Service Agreements (effective 12/03/2005)
18 AAC 50.405. Transition Process for Permit Fees (effective 01/29/
2005)
18 AAC 50.499. Definition for User Fee Requirements (effective 01/
29/2005)
Article 5. Minor Permits
18 AAC 50.502. Minor Permits for Air Quality Protection (effective
07/25/2008) except (b)(1) through (b)(3), (b)(5), (d)(1) and (d)(2)
18 AAC 50.508. Minor Permits Requested by the Owner or Operator
(effective 07/25/2008)
18 AAC 50.509. Construction of a Pollution Control Project Without a
Permit (effective 07/25/2008)
18 AAC 50.540. Minor Permit: Application (effective 07/25/2008)
18 AAC 50.542. Minor Permit: Review and Issuance (effective 07/25/
2008) except (a), (b)(1), (b)(2), (b)(4), (b)(5), and (d)
18 AAC 50.544. Minor Permits: Content (effective 11/09/2008)
18 AAC 50.546. Minor Permits: Revisions (effective 07/25/2008)
18 AAC 50.560. General Minor Permits (effective 10/01/2004) except
(b)
Article 9. General Provisions
18 AAC 50.990. Definitions (effective 07/25/2008)
* * * * *
[FR Doc. 2010-1110 Filed 1-20-10; 8:45 am]
BILLING CODE 6560-50-P