Outer Continental Shelf Air Regulations Consistency Update for Alaska, 9180-9185 [E9-4465]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 74, Number 40 (Tuesday, March 3, 2009)]
[Proposed Rules]
[Pages 9180-9185]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4465]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R10-OAR-2009-0111; FRL-8777-6]


Outer Continental Shelf Air Regulations Consistency Update for 
Alaska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule-consistency update.

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SUMMARY: EPA is proposing to update a portion of the Outer Continental 
Shelf (``OCS'') Air Regulations. 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 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

[[Page 9181]]

in accordance with the requirements onshore. The change to the existing 
requirements discussed below is proposed to be incorporated by 
reference into the Code of Federal Regulations and is listed in the 
appendix to the OCS air regulations.

DATES: Written comments must be received on or before April 2, 2009.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R10-OAR-2009-0111, by one of the following methods:
    A. Federal eRulemaking Portal: https://www.regulations.gov: Follow 
the on-line instructions for submitting comments;
    B. E-Mail: greaves.natasha@epa.gov;
    C. Mail: Natasha Greaves, Federal and Delegated Air Programs Unit, 
U.S. Environmental Protection Agency, Region 10, 1200 Sixth Avenue, 
Suite 900, Mail Stop: AWT-107, Seattle, WA 98101;
    D. Hand Delivery: U.S. Environmental Protection Agency Region 10, 
Attn: Natasha Greaves (AWT-107), 1200 Sixth Avenue, Seattle, Washington 
98101, 9th Floor. Such deliveries are only accepted during normal hours 
of operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2009-0111. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://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 information that you 
consider to be CBI or otherwise protected through https://
www.regulations.gov or e-mail. The https://www.regulations.gov Web site 
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 https://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.
    Docket: All documents in the electronic docket are listed in the 
https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., 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 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in https://
www.regulations.gov or in hard copy during normal business hours 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, Suite 900, 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
    Why Is EPA Taking This Action?
II. EPA's Evaluation
    What Criteria Were Used To Evaluate Rules Submitted To Update 40 
CFR Part 55?
III. 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 
Governments
    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

I. Background Information

Why Is EPA Taking This Action?

    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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    Pursuant to Sec.  55.12 of the OCS rule, consistency reviews will 
occur (1) at least annually; (2) upon receipt of a Notice of Intent 
under Sec.  55.4; or (3) when a state or local agency submits a rule to 
EPA to be considered for incorporation by reference in part 55. This 
proposed action is being taken in response to the submittal of a Notice 
of Intent on January 9, 2009 by Shell Offshore, Inc. of Houston, Texas. 
Public comments received in writing within 30 days of publication of 
this proposed rule will be considered by EPA before publishing a final 
rule.
    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.

[[Page 9182]]

II. EPA's Evaluation

What Criteria Were Used To Evaluate Rules Submitted To Update 40 CFR 
Part 55?

    In updating 40 CFR part 55, EPA reviewed the rules submitted for 
inclusion in part 55 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 they are not arbitrary or capricious. 40 CFR 55.12 
(e). In addition, EPA has excluded administrative or procedural 
rules,\2\ and requirements that regulate toxics which are not related 
to the attainment and maintenance of federal and state ambient air 
quality standards.
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    \2\ Each COA which has been delegated the authority to implement 
and enforce part 55, will use its administrative and procedural 
rules as onshore. However, in those instances where EPA has not 
delegated authority to implement and enforce part 55, as in Alaska, 
EPA will use its own administrative and procedural requirements to 
implement the substantive requirements. See 40 CFR 55.14 (c)(4).
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III. 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. The OMB Notice of 
Action is dated January 15, 2009. The approval expires January 31, 
2012.
    OMB's Notice of Action dated January 15, 2007 indicated that the, 
the annual public reporting and recordkeeping burden for collection of 
information under 40 CFR part 55 is estimated to average 112 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.

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 a 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,

[[Page 9183]]

enabling officials of affected small governments to have meaningful and 
timely input in the development of EPA regulatory proposals with 
significant Federal intergovernmental mandates, and informing, 
educating, and advising small governments on compliance with the 
regulatory requirements.
    Today's proposed 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 Orders 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 proposed 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.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comments on this proposed rule 
from State and local officials.

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 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. Nonetheless, in the spirit of 
Executive Order 13175 and consistent with EPA policy to promote 
communications between EPA and tribes, EPA specifically solicits 
comments on this proposed rule from tribal officials.

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 proposed 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 proposed 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 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 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. EPA welcomes

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comments on this aspect of the proposed rulemaking and, specifically, 
invites the public to identify potentially applicable voluntary 
consensus standards and to explain why such standards should be used in 
this regulation.

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: February 20, 2009.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.

    Title 40, chapter I of the Code of Federal Regulations, is proposed 
to be amended as follows:

PART 55--[AMENDED]

    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.

    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, 2008.
* * * * *
    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 1/18/
97)
18 AAC 50.010. Ambient Air Quality Standards (effective 1/18/97)
18 AAC 50.015. Air Quality Designations, Classification, and Control 
Regions (effective 1/18/97) except (d)(2)
Table 1. Air Quality Classifications
18 AAC 50.020. Baseline Dates and Maximum Allowable Increases 
(effective 1/18/97)
Table 2. Baseline Dates
Table 3. Maximum Allowable Increases
18 AAC 50.025. Visibility and Other Special Protection Areas 
(effective 1/18/97)
18 AAC 50.030. State Air Quality Control Plan (effective 1/18/97)
18 AAC 50.035. Documents, Procedures, and Methods Adopted by 
Reference (effective 1/18/97)
18 AAC 50.040. Federal Standards Adopted by Reference (effective 1/
18/97) 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 1/18/97)
18 AAC 50.050. Incinerator Emissions Standards (effective 1/18/97)
Table 4. Particulate Matter Standards for Incinerators
18 AAC 50.055. Industrial Processes and Fuel-Burning Equipment 
(effective 1/18/97) except (a)(3) through (a)(9), (b)(2)(A), (b)(4) 
through (b)(6), (e) and (f)
18 AAC 50.065. Open Burning (effective 1/18/97)
18 AAC 50.070. Marine Vessel Visible Emission Standards (effective 
1/18/97)
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 1/18/97)
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 1/18/97)
18 AAC 50.201. Ambient Air Quality Investigation (effective 1/18/97)
18 AAC 50.205. Certification (effective 1/18/97)
18 AAC 50.215. Ambient Air Quality Analysis Methods (effective 1/18/
97)
Table 5. Significant Impact Levels (SILs)
18 AAC 50.220. Enforceable Test Methods (effective 1/18/97)
18 AAC 50.225. Owner-Requested Limits (effective 1/18/97) except (c) 
through (g)
18 AAC 50.230. Preapproved Emission Limits (effective 1/18/97) 
except (d)
18 AAC 50.235. Unavoidable Emergencies and Malfunctions (effective 
1/18/97)
18 AAC 50.240. Excess Emissions (effective 1/18/97)
18 AAC 50.245. Air Episodes and Advisories (effective 1/18/97)
Table 6. Concentrations Triggering an Air Episode
18 AAC 50.260. Guidance for Best Available Retrofit Technology under 
the Regional Haze Rule (effective 12/30/07)

Article 3. Major Stationary Source Permits

18 AAC 50.301. Permit Continuity (effective 10/1/04) except (b)
18 AAC 50.302. Construction Permits (effective 10/01/04)
18 AAC 50.306. Prevention of Significant Deterioration (PSD) Permits 
(effective 10/01/04) except (c)(2) and (e)
18 AAC 50.311. Nonattainment Area Major Stationary Source Permits 
(effective 10/01/04) except (c)
18 AAC 50.316. Preconstruction Review for Construction or 
Reconstruction of a Major Source of Hazardous Air Pollutants 
(effective 10/01/04) except (c)
18 AAC 50.321. Case-By-Case Maximum Achievable Control Technology 
(effective 12/01/04)
18 AAC 50.326. Title V Operating Permits (effective 10/01/04) 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 1/18/97)
18 AAC 50.346. Construction and Operating Permits: Other Permit 
Conditions (effective 10/01/04)
Table 7. Standard Operating Permit Condition

Article 4. User Fees

18 AAC 50.400. Permit Administration Fees (effective 1/18/97) except 
(c)(1) through (c)(3), (c)(6), (k)(3) and (m)(3)
18 AAC 50.403. Negotiated Service Agreements (effective 1/29/05)
18 AAC 50.405. Transition Process for Permit Fees (effective 1/29/
05)
18 AAC 50.410. Emission Fees (effective 1/18/97)
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 
10/1/04) 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 10/1/04)
18 AAC 50.509. Construction of a Pollution Control Project without a 
Permit (effective 10/1/04)
18 AAC 50.540. Minor Permit: Application (effective 10/1/04)
18 AAC 50.542. Minor Permit: Review and Issuance (effective 10/1/04) 
except (a), (b)(1), (b)(2), (b)(4), (b)(5), and (d)
18 AAC 50.544. Minor Permits: Content (effective 10/1/04)
18 AAC 50.546. Minor Permits: Revisions (effective 10/1/04)
18 AAC 50.560. General Minor Permits (effective 10/1/04) except (b)

[[Page 9185]]

Article 9. General Provisions

18 AAC 50.990. Definitions (effective 1/18/97)
* * * * *

 [FR Doc. E9-4465 Filed 3-2-09; 8:45 am]
BILLING CODE 6560-50-P