Outer Continental Shelf Air Regulations Consistency Update for Alaska, 5936-5940 [E7-2132]
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5936
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Federal Register / Vol. 72, No. 26 / Thursday, February 8, 2007 / Rules and Regulations
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Seattle, WA 98101; telephone number:
(206) 553–7079; e-mail address:
greaves.natasha@epa.gov.
SUPPLEMENTARY INFORMATION:
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[FR Doc. E7–2126 Filed 2–7–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 55
[EPA–R10–OAR–2006–0377; FRL–8249–2]
Outer Continental Shelf Air
Regulations Consistency Update for
Alaska
Environmental Protection
Agency (EPA).
ACTION: Final rule-consistency update.
AGENCY:
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SUMMARY: EPA is finalizing the updates
of the Outer Continental Shelf (‘‘OCS’’)
Air Regulations proposed in the Federal
Register on August 22, 2006.
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 in 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 accordance with the requirements
onshore. The change to the existing
requirements discussed below is
incorporated by reference into the Code
of Federal Regulations and is listed in
the appendix to the OCS air regulations.
DATES: Effective Date: This rule is
effective on March 12, 2007.
This incorporation by reference of
certain publications listed in this rule is
approved by the Director of the Federal
Register as of March 12, 2007.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2006–0377. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Publicly available docket materials
are available either electronically
through https://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.
Table of Contents
I. Background Information
II. Public Comment and EPA Response
III. EPA Action
IV. Administrative Requirements
≤A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Coordination
With Indian Tribal Government
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Congressional Review Act
K. Petitions for Judicial Review
I. Background Information
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the U.S.
EPA.
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.
On August 22, 2006, (71 FR 48879),
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 March 22, 2006, by Shell
Offshore, Inc. of Houston, Texas. EPA
has evaluated the proposed
FOR FURTHER INFORMATION CONTACT:
Natasha Greaves, Federal and Delegated
Air Programs Unit, Office of Air, Waste,
and Toxics, U.S. Environmental
Protection Agency, Region 10, 1200
Sixth Avenue, Mail Stop: AWT–107,
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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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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 as they exist onshore. 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 proposed action provided a 30day public comment period which
closed on September 21, 2006. During
this period, we received one comment
on the proposed action. This comment
was submitted by the Alaska Oil and
Gas Association (AOGA) by letter dated
September 20, 2006.
Comment: AOGA concurs with the
Alaska rules identified by EPA as
applicable for incorporation into 40 CFR
part 55. However, while the proposed
rule states that the State of Alaska
requirements as of December 3, 2005,
are applicable, almost all of the specific
sections then listed in Appendix A
contain out-of-date effective dates.
Response: EPA reviewed the
applicable dates in Appendix A and
noted that some of the proposed rules
contained out-of-date effective dates.
These have been corrected and all the
rules now reflect current effective dates.
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III. EPA Action
In this document, EPA takes final
action to incorporate the proposed
changes into 40 CFR part 55. Changes
were made to the effective dates of the
proposed changes to accurately reflect
the State of Alaska’s Air Quality Control
Regulations. EPA is approving the
proposed actions 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 must
incorporate applicable onshore rules
into part 55 as they exist onshore.
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IV. Administrative Requirements
A. Executive Order 12866:′ Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735 (October 4, 1993)), the Agency
must determine whether the regulatory
action is ‘‘significant’’ and therefore
subject to Office of Management and
Budget (‘‘OMB’’) review and the
requirements of the Executive Order.
The Order defines ‘‘significant
regulatory action’’ as one that is likely
to result in a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities;
(2) create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 and is therefore
not subject to OMB Review. This rule
implements requirements specifically
and explicitly set forth by the Congress
in section 328 of the Clean Air Act,
without the exercise of any policy
discretion by EPA. These OCS rules
already apply in the COA, and EPA has
no evidence to suggest that these OCS
rules have created an adverse material
effect. As required by section 328 of the
Clean Air Act, this action simply
updates the existing OCS requirements
to make them consistent with rules in
the COA.
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B. Paperwork Reduction Act
The OMB has approved the
information collection requirements
contained in 40 CFR part 55, and by
extension this update to the rules, under
the provisions of the Paperwork
Reduction Act 44 U.S.C. 3501 et seq.
and has assigned OMB control number
2060–0249. Notice of OMB’s approval of
EPA Information Collection Request
(‘‘ICR’’) No. 1601.06 was published in
the Federal Register on March 1, 2006
(71 FR 10499–10500). The approval
expires January 31, 2009.
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. Burden means the total time,
effort, or financial resources expended
by persons to generate, maintain, retain,
or disclose or provide information to or
for a Federal agency. This includes the
time needed to review instructions;
develop, acquire, install, and utilize
technology and systems for the purposes
of collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
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. The OMB control
numbers for EPA’s regulations in 40
CFR are listed in 40 CFR part 9 and are
identified on the form and/or
instrument, if applicable. In addition,
EPA is amending the table in 40 CFR
part 9 of currently approved OMB
control numbers for various regulations
to list the regulatory citations for the
information requirements contained in
this final rule.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act
(‘‘RFA’’) generally requires an agency to
conduct a regulatory flexibility analysis
of any rule subject to notice and
comment rulemaking requirements
unless the agency certifies that the rule
will not have a significant economic
impact on a substantial number of small
entities. Small entities include small
businesses, small not-for-profit
enterprises, and small governmental
jurisdictions.
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This rule will not have a significant
economic impact on a substantial
number of small entities. This rule
implements requirements specifically
and explicitly set forth by the Congress
in section 328 of the Clean Air Act,
without the exercise of any policy
discretion by EPA. These OCS rules
already apply in the COA, and EPA has
no evidence to suggest that these OCS
rules have had a significant economic
impact on a substantial number of small
entities. As required by section 328 of
the Clean Air Act, this action simply
updates the existing OCS requirements
to make them consistent with rules in
the COA. Therefore, I certify that this
action will not have a significant
economic impact on a substantial
number of small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (‘‘UMRA’’), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures to State, local,
and tribal governments, in the aggregate,
or to the private sector, of $100 million
of more in any one year.
Before promulgating an EPA rule for
which a written statement is needed,
section 205 of the UMRA generally
requires EPA to identify and consider a
reasonable number of regulatory
alternatives and adopt the least costly,
most cost-effective or least burdensome
alternative that achieves the objectives
of the rule. The provisions of section
205 do not apply when they are
inconsistent with applicable law.
Moreover, section 205 allows EPA to
adopt an alternative other than the least
costly, most cost-effective or least
burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted.
Before EPA establishes any regulatory
requirements that may significantly or
uniquely affect small governments,
including tribal governments, it must
have developed under section 203 of the
UMRA a small government agency plan.
The plan must provide for notifying
potentially affected small governments,
enabling officials of affected small
governments to have meaningful and
timely input in the development of EPA
regulatory proposals with significant
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Federal intergovernmental mandates,
and informing, educating, and advising
small governments on compliance with
the regulatory requirements.
Today’s final rule contains no Federal
mandates (under the regulatory
provisions of Title II of the UMRA) for
State, local, or tribal governments or the
private sector that may result in
expenditures of $100 million or more
for State, local, or tribal governments, in
the aggregate, or to the private sector in
any one year. This rule implements
requirements specifically and explicitly
set forth by the Congress in section 328
of the Clean Air Act without the
exercise of any policy discretion by
EPA. These OCS rules already apply in
the COA, and EPA has no evidence to
suggest that these OCS rules have
created an adverse material effect. As
required by section 328 of the Clean Air
Act, this action simply updates the
existing OCS requirements to make
them consistent with rules in the COA.
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E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255 (August 10,
1999)), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’
This final rule does not have
federalism implications. It will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. This rule
implements requirements specifically
and explicitly set forth by the Congress
in section 328 of the Clean Air Act,
without the exercise of any policy
discretion by EPA. As required by
section 328 of the Clean Air Act, this
rule simply updates the existing OCS
rules to make them consistent with
current COA requirements. This rule
does not amend the existing provisions
within 40 CFR part 55 enabling
delegation of OCS regulations to a COA,
and this rule does not require the COA
to implement the OCS rules. Thus,
Executive Order 13132 does not apply
to this rule.
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F. Executive Order 13175: Coordination
With Indian Tribal Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249 (November 9, 2000)), requires
EPA to develop an accountable process
to ensure ‘‘meaningful and timely input
by tribal officials in the development of
regulatory policies that have tribal
implications.’’ This final rule 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
and thus does not have ‘‘tribal
implications,’’ within the meaning of
Executive Order 13175. This rule
implements requirements specifically
and explicitly set forth by the Congress
in section 328 of the Clean Air Act,
without the exercise of any policy
discretion by EPA. As required by
section 328 of the Clean Air Act, this
rule simply updates the existing OCS
rules to make them consistent with
current COA requirements. In addition,
this rule does not impose substantial
direct compliance costs on tribal
governments, nor preempt tribal law.
Consultation with Indian tribes is
therefore not required under Executive
Order 13175.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
Executive Order 13045: ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885
(April 23, 1997)), applies to any rule
that: (1) is determined to be
‘‘economically significant’’ as defined
under Executive Order 12866, and (2)
concerns an environmental health or
safety risk that EPA has reason to
believe may have a disproportionate
effect on children. If the regulatory
action meets both criteria, the Agency
must evaluate the environmental health
or safety effects of the planned rule on
children, and explain why the planned
regulation is preferable to other
potentially effective and reasonably
feasible alternatives considered by the
Agency.
This final rule is not subject to
Executive Order 13045 because it is not
economically significant as defined in
Executive Order 12866. In addition, the
Agency does not have reason to believe
the environmental health or safety risks
addressed by this action present a
disproportional risk to children.
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H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This final rule is not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001) because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law No.
104–113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable laws or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. The NTTAA directs EPA to
provide Congress, through OMB,
explanations when the Agency decided
not to use available and applicable
voluntary consensus standards.
As discussed above, this rule
implements requirements specifically
and explicitly set forth by the Congress
in section 328 of the Clean Air Act,
without the exercise of any policy
discretion by EPA. As required by
section 328 of the Clean Air Act, this
final rule simply updates the existing
OCS rules to make them consistent with
current COA requirements. In the
absence of a prior existing requirement
for the state to use voluntary consensus
standards and in light of the fact that
EPA is required to make the OCS rules
consistent with current COA
requirements, it would be inconsistent
with applicable law for EPA to use
voluntary consensus standards in this
action. Therefore, EPA is not
considering the use of any voluntary
consensus standards.
J. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et 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,
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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). This action
will be effective March 12, 2007.
I
K. Petitions for Judicial Review
Alaska
(a) * * *
(1) The following State of Alaska
requirements are applicable to OCS Sources,
December 3, 2005, Alaska Administrative
Code—Department of Environmental
Conservation. The following sections of Title
18, Chapter 50:
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by April 9, 2007.
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: November 20, 2006.
Elin D. Miller,
Regional Administrator, Region 10.
Title 40, chapter I of the Code of
Federal Regulations, is to be amended as
follows:
I
PART 55—[AMENDED]
1. The authority citation for part 55
continues to read as follows:
I
Authority: Section 328 of the Act (42
U.S.C. 7401, et seq.) as amended by Public
Law 101–549.
2. Section 55.14 is amended by
revising paragraph (e)(2)(i)(A) to read as
follows:
I
§ 55.14 Requirements that apply to OCS
sources located within 25 miles of States’
seaward boundaries, by State.
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(e) * * *
(2) * * *
(i) * * *
(A) State of Alaska Requirements
Applicable to OCS Sources, December 3,
2005.
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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
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Article 1. Ambient Air Quality Management
18 AAC 50.005. Purpose and Applicability of
Chapter (effective 10/1/04)
18 AAC 50.010. Ambient Air Quality
Standards (effective 10/1/04)
18 AAC 50.015. Air Quality Designations,
Classification, and Control Regions
(effective 10/10/04) except (d)(2)
Table 1. Air Quality Classifications
18 AAC 50.020. Baseline Dates and
Maximum Allowable Increases (effective
10/1/04)
Table 2. Baseline Dates
Table 3. Maximum Allowable Increases
18 AAC 50.025. Visibility and Other
Special Protection Areas (effective 6/21/98)
18 AAC 50.030. State Air Quality Control
Plan (effective 10/1/04)
18 AAC 50.035. Documents, Procedures, and
Methods Adopted by Reference (effective
12/3/05)
18 AAC 50.040. Federal Standards Adopted
by Reference (effective 12/3/05) except
(b), (c) (d), and (g)
18 AAC 50.045. Prohibitions (effective 10/1/
04)
18 AAC 50.050. Incinerator Emissions
Standards (effective 5/3/02)
Table 4. Particulate Matter Standards for
Incinerators
18 AAC 50.055. Industrial Processes and
Fuel-Burning Equipment (effective 10/1/
04) except (a)(3) through (a)(9), (b)(4)
through (b)(6), (e) and (f)
18 AAC 50.065. Open Burning (effective 1/
18/97) except (g) and (h)
18 AAC 50.075. Wood-Fired Heating Device
Visible Emission Standards (effective 1/
18/97)
18 AAC 50.080. Ice Fog Standards (effective
1/18/97)
18 AAC 50.085. Volatile Liquid Storage Tank
Emission Standards (effective 1/18/97)
18 AAC 50.090. Volatile Liquid Loading
Racks and Delivery Tank Emission
Standards (effective 10/1/04)
18 AAC 50.100 Nonroad Engines (effective
10/1/04)
18 AAC 50.110. Air Pollution Prohibited
(effective 5/26/72)
Article 2. Program Administration
18 AAC 50.200. Information Requests
(effective 10/1/04)
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18 AAC 50.201. Ambient Air Quality
Investigation (effective 10/1/04)
18 AAC 50.205. Certification (effective 10/1/
04)
18 AAC 50.215. Ambient Air Quality
Analysis Methods (effective 10/1/04)
Table 5. Significant Impact Levels (SILs)
18 AAC 50.220. Enforceable Test Methods
(effective 10/1/04)
18 AAC 50.225. Owner-Requested Limits
(effective 1/29/05)
18 AAC 50.230. Preapproved Emission
Limits (effective 1/29/05)
18 AAC 50.235. Unavoidable Emergencies
and Malfunctions (effective 10/1/04)
18 AAC 50.240. Excess Emissions (effective
10/1/04)
18 AAC 50.245. Air Episodes and Advisories
(effective 10/1/04)
Table 6. Concentrations Triggering an Air
Episode
Article 3. Major Stationary Source Permits
18 AAC 50.301. Permit Continuity (effective
10/1/04)
18 AAC 50.302. Construction Permits
(effective 10/1/04)
18 AAC 50.306. Prevention of Significant
Deterioration (PSD) Permits (effective 10/
1/04) except (e)
18 AAC 50.311. Nonattainment Area Major
Stationary Source Permits (effective 10/
1/04)
18 AAC 50.316. Preconstruction Review for
Construction or Reconstruction of a
Major Source of Hazardous Air
Pollutants (effective 12/1/04) except (c)
18 AAC 50.326. Title V Operating Permits
(effective 12/1/04) except (j)(1), (k)(3),
(k)(5), and (k)(6)
18 AAC 50.345. Construction and Operating
Permits: Standard Permit Conditions
(effective 10/1/04)
18 AAC 50.346. Construction and Operating
Permits: Other Permit Conditions
(effective 10/1/04)
Table 7. Emission Unit or Activity, Standard
Permit Condition
Article 4. User Fees
18 AAC 50.400. Permit Administration Fees
(effective 1/29/05) except (a), (b), (c)(1),
(c)(3), (c)(6), (i)(2), (i)(3), (m)(3) and
(m)(4)
18 AAC 50.403. Negotiated Service
Agreements (effective 12/3/05) except (8)
and (9)
18 AAC 50.405. Transition Process for Permit
Fees (effective 1/29/05)
18 AAC 50.410. Emission Fees (effective 12/
3/05)
18 AAC 50.499. Definition for User Fee
Requirements (effective 1/29/05)
Article 5. Minor Permits
18 AAC 50.502. Minor Permits for Air
Quality Protection (effective 12/3/05)
except (b)(1), (b)(2), (b)(3) and (b)(5)
18 AAC 50.508. Minor Permits Requested by
the Owner or Operator (effective 10/1/
04)
18 AAC 50.509. Construction of a Pollution
Control Project without a Permit
(effective 10/1/04)
E:\FR\FM\08FER1.SGM
08FER1
5940
Federal Register / Vol. 72, No. 26 / Thursday, February 8, 2007 / Rules and Regulations
18 AAC 50.540. Minor Permit: Application
(effective 12/3/05)
18 AAC 50.542. Minor Permit: Review and
Issuance (effective 12/1/04) except (b)(1),
(b)(2), (b)(5), and (d)
18 AAC 50.544. Minor Permits: Content
(effective 1/29/05)
18 AAC 50.546. Minor Permits: Revisions
(effective 10/1/04)
18 AAC 50.560. General Minor Permits
(effective 10/1/04) except (b)
Article 9. General Provisions
18 AAC 50.990. Definitions (effective 12/3/
05)
*
*
*
*
*
[FR Doc. E7–2132 Filed 2–7–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R04–OAR–2006–0140–200605(a);
FRL–8276–7]
Approval and Promulgation of State
Plan for Designated Facilities and
Pollutants; Florida: Emissions
Guidelines for Small Municipal Waste
Combustion Units
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
cprice-sewell on PROD1PC72 with RULES
AGENCY:
SUMMARY: EPA is approving the Clean
Air Act (CAA) section 111(d)/129 State
Plan submitted by the State of Florida
Department of Environmental Protection
(Florida DEP) for the State of Florida on
November 29, 2001, and subsequently
updated on March 11, 2005. The State
Plan is for implementing and enforcing
the Emissions Guidelines (EG)
applicable to existing Small Municipal
Waste Combustion (SMWC) units that
commenced construction on or before
August 30, 1999.
DATES: This direct final rule is effective
April 9, 2007 without further notice
unless EPA receives adverse comment
by March 12, 2007. If adverse comments
are received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2006–0140, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. E-mail: Majumder.joydeb@epa.gov.
3. Fax: (404) 562–9195.
4. Mail: ‘‘EPA–R04–OAR–2006–
0140,’’ Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
VerDate Aug<31>2005
13:42 Feb 07, 2007
Jkt 211001
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Deliver
your comments to: Joydeb Majumder,
Air Toxics and Monitoring Branch, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal
holidays.
Instructions: Direct your comments to
Docket ID No. ‘‘EPA–R04–OAR–2006–
0140.’’ EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or e-mail,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov website is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available (i.e., CBI or other
information whose disclosure is
restricted by statute). Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at the Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that, if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Joydeb Majumder, Air Toxics and
Monitoring Branch, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303–
8960. The telephone number is (404)
562–9121. Mr. Majumder can also be
reached via electronic mail at
Majumder.joydeb@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 6, 2000, pursuant to
CAA sections 111 and 129, EPA
promulgated new source performance
standards (NSPS) applicable to new
SMWC units and EG applicable to
existing SMWC units. The NSPS and EG
are codified at 40 CFR part 60, subparts
AAAA and BBBB, respectively.
Subparts AAAA and BBBB regulate the
following: Particulate matter, opacity,
sulfur dioxide, hydrogen chloride,
oxides of nitrogen, carbon monoxide,
lead, cadmium, mercury, and dioxins
and dibenzofurans.
For existing sources, CAA section
129(b)(2) requires states to submit to
EPA for approval State Plans that
implement and enforce the EG
contained in 40 CFR part 60, subpart
BBBB. State Plans must be at least as
protective as the EG, and become
Federally enforceable upon approval by
EPA. Pursuant to subpart BBBB, State
Plans must include the following items:
An inventory of affected SMWC units
including those that have ceased
operation but have not been dismantled
and inventory of emissions; compliance
schedules for each affected SMWC unit;
Good combustion practices and
emission limits for affected SMWC units
that are at least as protective as the
emission guidelines; Stack testing,
continuous emission monitoring,
recordkeeping, and reporting
requirements; Certification that the
hearing on the State Plan was held, a list
of witnesses and their organizational
E:\FR\FM\08FER1.SGM
08FER1
Agencies
[Federal Register Volume 72, Number 26 (Thursday, February 8, 2007)]
[Rules and Regulations]
[Pages 5936-5940]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2132]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[EPA-R10-OAR-2006-0377; FRL-8249-2]
Outer Continental Shelf Air Regulations Consistency Update for
Alaska
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule-consistency update.
-----------------------------------------------------------------------
SUMMARY: EPA is finalizing the updates of the Outer Continental Shelf
(``OCS'') Air Regulations proposed in the Federal Register on August
22, 2006. 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 in 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 accordance with the
requirements onshore. The change to the existing requirements discussed
below is incorporated by reference into the Code of Federal Regulations
and is listed in the appendix to the OCS air regulations.
DATES: Effective Date: This rule is effective on March 12, 2007.
This incorporation by reference of certain publications listed in
this rule is approved by the Director of the Federal Register as of
March 12, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R10-OAR-2006-0377. All documents in the docket are listed on
the https://www.regulations.gov Web site. Publicly available docket
materials are available either electronically through https://
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.
FOR FURTHER INFORMATION CONTACT: Natasha Greaves, Federal and Delegated
Air Programs Unit, Office of Air, Waste, and Toxics, U.S. Environmental
Protection Agency, Region 10, 1200 Sixth Avenue, Mail Stop: AWT-107,
Seattle, WA 98101; telephone number: (206) 553-7079; e-mail address:
greaves.natasha@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background Information
II. Public Comment and EPA Response
III. EPA Action
IV. Administrative Requirements
>A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Coordination With Indian Tribal
Government
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Congressional Review Act
K. Petitions for Judicial Review
I. Background Information
Throughout this document, the terms ``we,'' ``us,'' and ``our''
refer to the U.S. EPA.
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
On August 22, 2006, (71 FR 48879), 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 March 22, 2006, 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 as they exist onshore. 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 proposed action provided a 30-day public comment period which
closed on September 21, 2006. During this period, we received one
comment on the proposed action. This comment was submitted by the
Alaska Oil and Gas Association (AOGA) by letter dated September 20,
2006.
Comment: AOGA concurs with the Alaska rules identified by EPA as
applicable for incorporation into 40 CFR part 55. However, while the
proposed rule states that the State of Alaska requirements as of
December 3, 2005, are applicable, almost all of the specific sections
then listed in Appendix A contain out-of-date effective dates.
Response: EPA reviewed the applicable dates in Appendix A and noted
that some of the proposed rules contained out-of-date effective dates.
These have been corrected and all the rules now reflect current
effective dates.
[[Page 5937]]
III. EPA Action
In this document, EPA takes final action to incorporate the
proposed changes into 40 CFR part 55. Changes were made to the
effective dates of the proposed changes to accurately reflect the State
of Alaska's Air Quality Control Regulations. EPA is approving the
proposed actions 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 must incorporate applicable
onshore rules into part 55 as they exist onshore.
IV. Administrative Requirements
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to Office of Management and Budget (``OMB'')
review and the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 and is therefore not subject to OMB
Review. This rule implements requirements specifically and explicitly
set forth by the Congress in section 328 of the Clean Air Act, without
the exercise of any policy discretion by EPA. These OCS rules already
apply in the COA, and EPA has no evidence to suggest that these OCS
rules have created an adverse material effect. As required by section
328 of the Clean Air Act, this action simply updates the existing OCS
requirements to make them consistent with rules in the COA.
B. Paperwork Reduction Act
The OMB has approved the information collection requirements
contained in 40 CFR part 55, and by extension this update to the rules,
under the provisions of the Paperwork Reduction Act 44 U.S.C. 3501 et
seq. and has assigned OMB control number 2060-0249. Notice of OMB's
approval of EPA Information Collection Request (``ICR'') No. 1601.06
was published in the Federal Register on March 1, 2006 (71 FR 10499-
10500). The approval expires January 31, 2009.
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. Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
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. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9 and are identified on
the form and/or instrument, if applicable. In addition, EPA is amending
the table in 40 CFR part 9 of currently approved OMB control numbers
for various regulations to list the regulatory citations for the
information requirements contained in this final rule.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (``RFA'') generally requires an
agency to conduct a regulatory flexibility analysis of any rule subject
to notice and comment rulemaking requirements unless the agency
certifies that the rule will not have a significant economic impact on
a substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
This rule will not have a significant economic impact on a
substantial number of small entities. This rule implements requirements
specifically and explicitly set forth by the Congress in section 328 of
the Clean Air Act, without the exercise of any policy discretion by
EPA. These OCS rules already apply in the COA, and EPA has no evidence
to suggest that these OCS rules have had a significant economic impact
on a substantial number of small entities. As required by section 328
of the Clean Air Act, this action simply updates the existing OCS
requirements to make them consistent with rules in the COA. Therefore,
I certify that this action will not have a significant economic impact
on a substantial number of small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA''),
Public Law 104-4, establishes requirements for Federal agencies to
assess the effects of their regulatory actions on State, local, and
tribal governments and the private sector. Under section 202 of the
UMRA, EPA generally must prepare written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures to State, local, and tribal
governments, in the aggregate, or to the private sector, of $100
million of more in any one year.
Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant
[[Page 5938]]
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
Today's final rule contains no Federal mandates (under the
regulatory provisions of Title II of the UMRA) for State, local, or
tribal governments or the private sector that may result in
expenditures of $100 million or more for State, local, or tribal
governments, in the aggregate, or to the private sector in any one
year. This rule implements requirements specifically and explicitly set
forth by the Congress in section 328 of the Clean Air Act without the
exercise of any policy discretion by EPA. These OCS rules already apply
in the COA, and EPA has no evidence to suggest that these OCS rules
have created an adverse material effect. As required by section 328 of
the Clean Air Act, this action simply updates the existing OCS
requirements to make them consistent with rules in the COA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255 (August
10, 1999)), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This rule implements
requirements specifically and explicitly set forth by the Congress in
section 328 of the Clean Air Act, without the exercise of any policy
discretion by EPA. As required by section 328 of the Clean Air Act,
this rule simply updates the existing OCS rules to make them consistent
with current COA requirements. This rule does not amend the existing
provisions within 40 CFR part 55 enabling delegation of OCS regulations
to a COA, and this rule does not require the COA to implement the OCS
rules. Thus, Executive Order 13132 does not apply to this rule.
F. Executive Order 13175: Coordination With Indian Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249 (November 9, 2000)),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule 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 and thus does not have ``tribal
implications,'' within the meaning of Executive Order 13175. This rule
implements requirements specifically and explicitly set forth by the
Congress in section 328 of the Clean Air Act, without the exercise of
any policy discretion by EPA. As required by section 328 of the Clean
Air Act, this rule simply updates the existing OCS rules to make them
consistent with current COA requirements. In addition, this rule does
not impose substantial direct compliance costs on tribal governments,
nor preempt tribal law. Consultation with Indian tribes is therefore
not required under Executive Order 13175.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885 (April 23, 1997)), applies
to any rule that: (1) is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This final rule is not subject to Executive Order 13045 because it
is not economically significant as defined in Executive Order 12866. In
addition, the Agency does not have reason to believe the environmental
health or safety risks addressed by this action present a
disproportional risk to children.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This final rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 104-113, 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable laws or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decided
not to use available and applicable voluntary consensus standards.
As discussed above, this rule implements requirements specifically
and explicitly set forth by the Congress in section 328 of the Clean
Air Act, without the exercise of any policy discretion by EPA. As
required by section 328 of the Clean Air Act, this final rule simply
updates the existing OCS rules to make them consistent with current COA
requirements. In the absence of a prior existing requirement for the
state to use voluntary consensus standards and in light of the fact
that EPA is required to make the OCS rules consistent with current COA
requirements, it would be inconsistent with applicable law for EPA to
use voluntary consensus standards in this action. Therefore, EPA is not
considering the use of any voluntary consensus standards.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et 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,
[[Page 5939]]
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). This action will be effective March 12, 2007.
K. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 9, 2007. 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: November 20, 2006.
Elin D. Miller,
Regional Administrator, Region 10.
0
Title 40, chapter I of the Code of Federal Regulations, is to be
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,
December 3, 2005.
* * * * *
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, December 3, 2005, 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 10/1/
04)
18 AAC 50.010. Ambient Air Quality Standards (effective 10/1/04)
18 AAC 50.015. Air Quality Designations, Classification, and Control
Regions (effective 10/10/04) except (d)(2)
Table 1. Air Quality Classifications
18 AAC 50.020. Baseline Dates and Maximum Allowable Increases
(effective 10/1/04)
Table 2. Baseline Dates
Table 3. Maximum Allowable Increases
18 AAC 50.025. Visibility and Other Special Protection Areas
(effective 6/21/98)
18 AAC 50.030. State Air Quality Control Plan (effective 10/1/04)
18 AAC 50.035. Documents, Procedures, and Methods Adopted by
Reference (effective 12/3/05)
18 AAC 50.040. Federal Standards Adopted by Reference (effective 12/
3/05) except (b), (c) (d), and (g)
18 AAC 50.045. Prohibitions (effective 10/1/04)
18 AAC 50.050. Incinerator Emissions Standards (effective 5/3/02)
Table 4. Particulate Matter Standards for Incinerators
18 AAC 50.055. Industrial Processes and Fuel-Burning Equipment
(effective 10/1/04) except (a)(3) through (a)(9), (b)(4) through
(b)(6), (e) and (f)
18 AAC 50.065. Open Burning (effective 1/18/97) except (g) and (h)
18 AAC 50.075. Wood-Fired Heating Device Visible Emission Standards
(effective 1/18/97)
18 AAC 50.080. Ice Fog Standards (effective 1/18/97)
18 AAC 50.085. Volatile Liquid Storage Tank Emission Standards
(effective 1/18/97)
18 AAC 50.090. Volatile Liquid Loading Racks and Delivery Tank
Emission Standards (effective 10/1/04)
18 AAC 50.100 Nonroad Engines (effective 10/1/04)
18 AAC 50.110. Air Pollution Prohibited (effective 5/26/72)
Article 2. Program Administration
18 AAC 50.200. Information Requests (effective 10/1/04)
18 AAC 50.201. Ambient Air Quality Investigation (effective 10/1/04)
18 AAC 50.205. Certification (effective 10/1/04)
18 AAC 50.215. Ambient Air Quality Analysis Methods (effective 10/1/
04)
Table 5. Significant Impact Levels (SILs)
18 AAC 50.220. Enforceable Test Methods (effective 10/1/04)
18 AAC 50.225. Owner-Requested Limits (effective 1/29/05)
18 AAC 50.230. Preapproved Emission Limits (effective 1/29/05)
18 AAC 50.235. Unavoidable Emergencies and Malfunctions (effective
10/1/04)
18 AAC 50.240. Excess Emissions (effective 10/1/04)
18 AAC 50.245. Air Episodes and Advisories (effective 10/1/04)
Table 6. Concentrations Triggering an Air Episode
Article 3. Major Stationary Source Permits
18 AAC 50.301. Permit Continuity (effective 10/1/04)
18 AAC 50.302. Construction Permits (effective 10/1/04)
18 AAC 50.306. Prevention of Significant Deterioration (PSD) Permits
(effective 10/1/04) except (e)
18 AAC 50.311. Nonattainment Area Major Stationary Source Permits
(effective 10/1/04)
18 AAC 50.316. Preconstruction Review for Construction or
Reconstruction of a Major Source of Hazardous Air Pollutants
(effective 12/1/04) except (c)
18 AAC 50.326. Title V Operating Permits (effective 12/1/04) except
(j)(1), (k)(3), (k)(5), and (k)(6)
18 AAC 50.345. Construction and Operating Permits: Standard Permit
Conditions (effective 10/1/04)
18 AAC 50.346. Construction and Operating Permits: Other Permit
Conditions (effective 10/1/04)
Table 7. Emission Unit or Activity, Standard Permit Condition
Article 4. User Fees
18 AAC 50.400. Permit Administration Fees (effective 1/29/05) except
(a), (b), (c)(1), (c)(3), (c)(6), (i)(2), (i)(3), (m)(3) and (m)(4)
18 AAC 50.403. Negotiated Service Agreements (effective 12/3/05)
except (8) and (9)
18 AAC 50.405. Transition Process for Permit Fees (effective 1/29/
05)
18 AAC 50.410. Emission Fees (effective 12/3/05)
18 AAC 50.499. Definition for User Fee Requirements (effective 1/29/
05)
Article 5. Minor Permits
18 AAC 50.502. Minor Permits for Air Quality Protection (effective
12/3/05) except (b)(1), (b)(2), (b)(3) and (b)(5)
18 AAC 50.508. Minor Permits Requested by the Owner or Operator
(effective 10/1/04)
18 AAC 50.509. Construction of a Pollution Control Project without a
Permit (effective 10/1/04)
[[Page 5940]]
18 AAC 50.540. Minor Permit: Application (effective 12/3/05)
18 AAC 50.542. Minor Permit: Review and Issuance (effective 12/1/04)
except (b)(1), (b)(2), (b)(5), and (d)
18 AAC 50.544. Minor Permits: Content (effective 1/29/05)
18 AAC 50.546. Minor Permits: Revisions (effective 10/1/04)
18 AAC 50.560. General Minor Permits (effective 10/1/04) except (b)
Article 9. General Provisions
18 AAC 50.990. Definitions (effective 12/3/05)
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[FR Doc. E7-2132 Filed 2-7-07; 8:45 am]
BILLING CODE 6560-50-P