Outer Continental Shelf Air Regulations Consistency Update for Alaska, 3387-3392 [2010-1110]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 75, Number 13 (Thursday, January 21, 2010)]
[Rules and Regulations]
[Pages 3387-3392]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1110]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R10-OAR-2009-0111; FRL-9095-9]


Outer Continental Shelf Air Regulations Consistency Update for 
Alaska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing the update of the Outer Continental Shelf 
(``OCS'') Air Regulations proposed in the Federal Register on March 3, 
2009. Requirements applying to OCS sources located within 25 miles of 
States' seaward boundaries must be updated periodically to remain 
consistent with the requirements of the corresponding onshore area 
(``COA''), as mandated by section 328(a)(1) of the Clean Air Act (``the 
Act''). The portion of the OCS air regulations that is being updated 
pertains to the requirements for OCS sources operating off of the State 
of Alaska. The intended effect of approving the OCS requirements for 
the State of Alaska is to regulate emissions from OCS sources in a 
manner consistent with the requirements onshore. The change to the 
existing requirements discussed below is incorporated by reference into 
the regulations and is listed in the appendix to the OCS air 
regulations.

DATES: Effective Date: The final rule portion of this rulemaking is 
effective on February 22, 2010.
    This incorporation by reference of certain publications listed in 
this rule is approved by the Director of the Federal Register as of 
February 22, 2010.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R10-OAR-2009-0111. The index to the docket is available 
electronically at 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. While all 
documents in the docket are listed in the index, some information may 
be publically available only at the hard copy location (e.g., 
copyrighted materials), and some may not be publicly available in 
either location (e.g., Confidential Business Information). To inspect 
the hard copy materials, please schedule an appointment during normal 
business hours with the contact listed in the FOR FURTHER INFORMATION 
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Natasha Greaves, Federal and Delegated

[[Page 3388]]

Air Programs Unit, Office of Air, Waste, and Toxics, U.S. Environmental 
Protection Agency, Region 10, 1200 Sixth Avenue, Suite 900, Mail Stop: 
AWT-107, Seattle, WA 98101; telephone number: (206) 553-7079; e-mail 
address: greaves.natasha@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' 
``us,'' and ``our'' refer to the U.S. EPA. Organization of this 
document: The following outline is provided to aid in locating 
information in this preamble.

Table of Contents

I. Background Information
II. Public Comment and EPA Response
III. EPA Action
IV. Administrative Requirements

I. Background Information

    On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ which 
established requirements to control air pollution from OCS sources in 
order to attain and maintain Federal and State ambient air quality 
standards and to comply with the provisions of part C of title I of the 
Act. Part 55 applies to all OCS sources offshore of the States except 
those located in the Gulf of Mexico west of 87.5 degrees longitude. 
Section 328 of the Act requires that for such sources located within 25 
miles of a State's seaward boundary, the requirements shall be the same 
as would be applicable if the sources were located in the COA. Because 
the OCS requirements are based on onshore requirements, and onshore 
requirements may change, section 328(a)(1) requires that EPA update the 
OCS requirements as necessary to maintain consistency with onshore 
requirements.
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    \1\ The reader may refer to the Notice of Proposed Rulemaking, 
December 5, 1991 (56 FR 63774), and the preamble to the final rule 
promulgated September 4, 1992 (57 FR 40792) for further background 
and information on the OCS regulations.
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    On March 3, 2009, (74 FR 1980), EPA proposed to approve 
requirements into the OCS Air Regulations pertaining to the State of 
Alaska. These requirements are being promulgated in response to the 
submittal of a Notice of Intent on January 9, 2009, by Shell Offshore, 
Inc. of Houston, Texas. EPA has evaluated the proposed requirements to 
ensure that they are rationally related to the attainment or 
maintenance of Federal or State ambient air quality standards or part C 
of title I of the Act, that they are not designed expressly to prevent 
exploration and development of the OCS, and that they are applicable to 
OCS sources. 40 CFR 55.1. EPA has also evaluated the rules to ensure 
that they are not arbitrary or capricious. 40 CFR 55.12(e). In 
addition, EPA has excluded administrative or procedural rules.
    Section 328(a) of the Act requires that EPA establish requirements 
to control air pollution from OCS sources located within 25 miles of 
States' seaward boundaries that are the same as onshore requirements. 
To comply with this statutory mandate, EPA must incorporate applicable 
onshore rules into part 55. This limits EPA's flexibility in deciding 
which requirements will be incorporated into part 55 and prevents EPA 
from making substantive changes to the requirements it incorporates. As 
a result, EPA may be incorporating rules into part 55 that do not 
conform to all of EPA's State Implementation Plan (``SIP'') guidance or 
certain requirements of the Act. Consistency updates may result in the 
inclusion of State or local rules or regulations into part 55, even 
though the same rules may ultimately be disapproved for inclusion as 
part of the SIP. Inclusion in the OCS rule does not imply that a rule 
meets the requirements of the Act for SIP approval, nor does it imply 
that the rule will be approved by EPA for inclusion in the SIP.

II. Public Comment and EPA Response

    EPA's March 3, 2009, proposed action provided a 30-day public 
comment period which closed on April 2, 2009. On April 2, 2009, the 
North Slope Borough submitted a summary of comments on EPA's proposed 
rules and also requested an extension of the public comment period in 
order to prepare and submit more detailed comments. On April 29, 2009, 
EPA reopened the public comment period for an additional 14 days. The 
reopened public comment period closed on May 13, 2009. During this 
period, we received one comment on the proposed action. This comment 
was submitted by the North Slope Borough by letter dated May 13, 2009.
    Comment: The North Slope Borough seeks clarification on how the 
rules are rationally related to attainment or maintenance of Federal or 
State ambient air quality standards without data to support EPA's 
claim.
    Response: EPA is required to perform consistency updates to 
maintain consistency with onshore regulations. In order to be 
considered for inclusion in the OCS rule, State and local requirements 
must have been formally adopted by the regulatory agency. Before a rule 
can apply to an OCS source, it must be incorporated into part 55 by 
formal rulemaking. EPA incorporates those onshore rules that comply 
with the statutory requirements of section 328 of the Clean Air Act 
that are rationally related to the attainment and maintenance of 
national or State ambient air quality standards and the prevention of 
significant deterioration of air quality. EPA must adopt the COA rules 
into part 55 as they exist onshore. This prevents EPA from making 
substantive changes to the rules it incorporates. In addition, rules 
incorporated cannot be used for the purpose or preventing exploration 
or development of the OCS.
    For the proposed rule, EPA reviewed the ACC as amended through 
November 9, 2008 to identify which rules applicable to OCS sources are 
rationally related to the attainment or maintenance of Federal or State 
ambient air quality standards. These rules were incorporated into part 
55. Rules that are arbitrary or capricious, administrative or 
procedural, regulate toxics, and/or designed to prevent exploration and 
development on the OCS were excluded from incorporation. Section 328 of 
the Act requires that the requirements for sources located within 25 
miles of a State's seaward boundary, shall be the same as would be 
applicable if the source were located on the COA. EPA's action 
specifies the OCS requirements that will apply to any OCS source for 
which Alaska is the COA. The intended effect of approving the OCS 
requirements is to regulate emissions from OCS sources in accordance 
with the requirements onshore; to the extent those requirements are 
applicable to OCS sources and as modified by the requirements of 
section 328 and 40 CFR part 55. EPA determined that each of the Alaska 
rules proposed to be incorporated relate to the regulation of criteria 
pollutants or their precursors and therefore are related to the Federal 
or State air quality standards or relate to the prevention of 
significant deterioration. For example, this final rule includes the 
State of Alaska regulations regarding ambient air quality management 
including other provisions regarding major and minor stationary source 
permit, but does not include provisions unrelated to OCS sources or 
activities. Because EPA must adopt the COA rules into part 55 as they 
exist onshore, EPA does not make substantive changes to the rules it 
incorporates. After reviewing Alaska's rules, EPA determined that they 
are rationally related to the attainment or maintenance of Federal or 
State ambient air quality standards or part C of title I of the Act, 
that they are not designed expressly to prevent exploration and 
development of the OCS and that they are applicable to OCS sources.
    Comment: The North Slope Borough requested clarification regarding 
changes made to the following AAC

[[Page 3389]]

provisions, that were proposed to be incorporated by reference into 
part 55: 18 AAC 50.040 Federal Standards Adopted by Reference; 18 AAC 
50.055 Industrial Processes and Fuel-Burning Equipment; 18 AAC 50.070 
Marine Vessel Visible Emission Standards; 18 AAC 50.260 Best Available 
Retrofit Technology Under Regional Haze Rule; 18 AAC 50.321 Case-by-
Case Maximum Achievable Control Technology; 18 AAC 50.502 Minor Permit 
for Air Quality Protection; and 18 AAC 50.542 Minor Permit Review and 
Issuance.
    Response: The Alaska Department of Environmental Conservation 
(``ADEC'') Public Comment Draft dated November 21, 2007, is a marked-up 
copy detailing the changes it proposed for 18 AAC 50.040, 18 AAC 
50.055, 18 AAC 50.502, and 18 AAC 50.542. This document entitled, the 
``Regulation Hygiene Regulations Explanation of Proposed Changes'' 
identifies changes and rational for each change made in the rules. 
These changes include updating incorporations by reference; adoption 
clarifications to existing regulations to fix typos, incorrect 
references, and internal regulation conflicts; and changes to 
regulations to eliminate confusion with or misinterpretations of 18 AAC 
50. ADEC's proposed rules ``Regulation Hygiene Regulations Explanation 
of Proposed Changes'' is included in the docket for this EPA action. 
The final changes made to 18 AAC 50.040, 18 AAC 50.055, 18 AAC 50.502, 
and 18 AAC 50.542 were the same as explained in the State proposal. The 
amended provisions were published in register 187 and were State 
effective on November 25, 2008.
    ADEC's Public Comment Draft for changes made to 18 AAC 50.260 Best 
Available Retrofit Technology Under Regional Haze Rule, explains the 
changes the State made to that rule and is also part of the docket for 
this EPA action.
    The North Slope Borough also requested clarification on changes 
made to 18 AAC 50.070 Marine Vessel Visible Emission Standards and 18 
AAC 50.321 Case-by-Case Maximum Achievable Control Technology. EPA's 
review of these standards did not note any changes since the last final 
consistency update on February 8, 2007. 18 AAC 50.070 was last amended 
on June 21, 1998 and 18 AAC 50.321 was last amended on December 1, 
2004.
    Comment: The North Slope Borough requested an explanation of each 
change made to part 55, with a rational for each change.
    Response: The changes to the regulations are explained above. This 
comment requesting that the rational for each change be explained is 
beyond the scope of this part 55 consistency update. In a consistency 
update, EPA updates part 55 as necessary to maintain consistency with 
the requirements of the onshore area in order to attain and maintain 
Federal and State ambient air quality standards and comply with part C 
of title I of the Act. EPA adopts the applicable COA rules into part 55 
as they exist onshore and does not make substantive changes to the 
rules it incorporates. EPA does not, and is not required to, evaluate 
or consider the State's rational for each change.
    Comment: The North Slope Borough requested an explanation as to why 
Executive Order 12898, Federal Actions to Address Environmental Justice 
in Minority Populations and Low Income Populations, and the potential 
environmental justice implications of the proposed action is not 
discussed.
    Response: This rulemaking action implements the legal requirements 
set forth in section 328 of the Act and EPA is required to take the 
action and has no discretion to do otherwise. Moreover, even if EPA had 
some legal discretion, there is no reason to believe that the action 
would constitute a denial of fair treatment or meaningful participation 
to any person such as to have environmental justice implications. This 
final rule simply updates the existing OCS rules to make them 
consistent with the current COA requirements. The OCS rules already 
apply onshore in the COA and there is no evidence to suggest that the 
incorporation of the same rules into part 55 will cause any change. In 
those circumstances, there is no need for any additional review or 
analysis under Executive Order 12898.
    Comment: The North Slope Borough requests clarification on why 
EPA's action is not significant.
    Response: The consistency update simply updates the existing 
requirements for controlling air pollution from OCS sources to make 
them consistent with rules in the COA as specifically required by 
section 328 of the Act. This action does not involve the exercise of 
policy discretion on the part of EPA. Therefore, as explained in more 
detail in Section IV below, this action is not likely to have the type 
of effect or impact or involve the requisite issues to be a significant 
regulatory action within the meaning of Executive Order 12866, 
Regulatory Planning and Review.
    Additionally, since the consistency update is not a significant 
regulatory action under Executive Order 12866, it is not a significant 
energy action under Executive Order 13211, Actions Concerning 
Regulations that Significantly Affect Energy Supply, Distribution, or 
Use. Even if the consistency update were a significant regulatory 
action under Executive Order 12866, EPA has no reason to believe that 
updating the existing requirements for controlling air pollution from 
OCS to make them consistent with rules already applied to sources in 
the COA would be ``likely to have a significant adverse effect on the 
supply, distribution, or use of energy: Within the meaning of section 
4(b)(1)(ii) of Executive Order 13211.'' Therefore, even if the 
consistency update were a significant regulatory action under Executive 
Order 12866, which it is not, it would not be a significant energy 
action under Executive Order 13211.
    Comment: The North Slope Borough wants to know how EPA will comply 
with the National Environmental Policy Act (``NEPA'').
    Response: Congress expressly exempted EPA actions under the Act 
from NEPA requirements when it passed the Energy Supply and 
Environmental Coordination Act of 1974 (``ESECA''). The exemption 
provides: ``No action taken under the Act shall be deemed a major 
Federal action significantly affecting the quality of the human 
environment within the meaning of National Environmental Policy Act * * 
*'' (15 U.S.C. 793(c)(1)). Since section 328 of the Act requires EPA to 
establish requirements to control air pollution from OCS sources, and 
the ESECA exempts action taken under the Act from being deemed a major 
Federal action, NEPA requirements do not apply to this action.
    Comment: The North Slope Borough would like to know how local laws 
and regulations, such as the North Slope Borough's Title 19 are 
considered in the consistency update.
    Response: The North Slope Borough's Title 19 includes rules for the 
creation of the Department of Planning and Community Service (Chapter 
19.05), General Provision (Chapter 19.10), and Definitions (Chapter 
19.20). The Department of Planning and Community Service is responsible 
for administering the North Slope Borough's planning and zoning 
ordinances, the Costal Zone Management Plan, and the Barrow Zoning 
Ordinance; ensuring compliance with local, State, and Federal law 
regarding land use; providing review and comment on development issues; 
providing for a geographical database covering the entire North Slope 
Borough including mapping and graphic services; gathering information 
and developing a comprehensive capital improvement program plans for 
the North Slope Borough; providing

[[Page 3390]]

teleconferencing facilities; gathering and preserving data regarding 
Inupiat history, language, and culture; and supporting the Simeon 
Paneak Museum in Anaktuvuk Pass.
    As stated in title 19, the purpose of the General Provisions is to: 
(1) Achieve the goals and objectives, and implement the policies of, 
the North Slope Borough Comprehensive Plan, including its Costal 
Management Program; (2) ensure that the future growth and development 
of the Borough is in accordance with the values of its residents; (3) 
identify and secure, for present and future residents, the beneficial 
impacts of development; (4) identify and avoid, mitigate, or prohibit 
the negative impacts of development; and (5) ensure that future 
development is of the proper type, design and location, and is served 
by a proper range of public services and facilities. (Chapter 
19.10.010)
    After receiving the comment, EPA reviewed the North Slope Borough's 
Title 19 and determined that these rules are not related to the 
attainment or maintenance of the Federal or State ambient air quality 
standards or necessary to assure compliance with the provisions of Part 
C of subchapter I of the Act. Therefore, EPA determined that these 
rules are not appropriate for inclusion into part 55.
    Comment: The North Slope Borough would like EPA to identify how 
part 55 will provide for the consideration of greenhouse gases.
    Response: The comment goes beyond the scope of this rulemaking. As 
explained above, this rulemaking simply updates Part 55 by 
incorporating into those regulations the existing COA requirements 
related to the attainment or maintenance of the Federal or State 
ambient air quality standards and the standards necessary to assure 
compliance with the provisions of Part C of subchapter I of the Act. We 
take this action pursuant to section 328 of the Act. We believe we 
will, through this action, have incorporated all of the relevant 
requirements of the COA.
    Comment: The North Slope Borough requested that EPA clarify what 
version of the State rules is being adopted into 40 CFR part 55 
Appendix A.
    Response: EPA reviewed the applicable dates in Appendix A and noted 
that some of the proposed rules contained out-of-date State effective 
dates. These have been corrected and all the rules listed in the 
Appendix now reflect current effective dates. A marked up copy of the 
changes are available in the docket.
    Comment: The North Slope Borough requests that EPA clearly explain 
how the agency will ensure that the increments established to prevent 
significant deterioration (``PSD'') of air quality will be protected 
within 25 miles of Alaska's seaward boundary. The North Slope Borough 
specifically asks EPA to clarify the applicable baseline areas and 
baseline dates for OCS sources nearest Alaska and to clearly explain 
the requirements for new and modified OCS sources with respect to PSD 
increment analyses.
    Response: The comment raises questions that go beyond the scope of 
this rulemaking. As previously explained, the purpose of this 
rulemaking is to update the OCS rules applicable to OCS sources located 
within 25 miles of Alaska's seaward boundary so that they remain 
consistent with the onshore rules. Section 328 of the Act requires EPA 
to establish requirements to control air pollution from OCS sources to 
attain and maintain Federal and State ambient air quality standards and 
to comply with the provisions of part C of title I (the provisions 
regarding prevention of significant deterioration). For OCS sources 
located within 25 miles of a State's seaward boundaries, these 
requirements are to be the same as would be applicable if the source 
were located in the COA.
    EPA has met this requirement by incorporating the COA rules into 
the Federal rules for OCS sources, specifically into 40 CFR 55.14. In 
the case of the Alaska OCS, these rules include, among other things, 
the State's PSD permitting rule (18 AAC 50.306), the State rule that 
documents the PSD baseline areas and baseline dates for the COA (18 AAC 
50.020) and the requirement for a PSD source to demonstrate that the 
allowable emissions from the new source or modification would not cause 
or contribute to a violation of an applicable PSD increment (see 40 CFR 
52.21(k)(2)), incorporated by reference into ADEC's rules at 18 AAC 
50.040(h). This update incorporates the current onshore rules regarding 
increment to make them consistent with the existing requirements in the 
COA.
    Comment: The North Slope Borough also incorporated into its 
comments a letter it had previously sent to the Minerals Management 
Service (``MMS'') regarding the MMS' air quality analysis for the 
Beaufort Sea and the Chukchi Sea Planning Areas Oil and Gas lease sales 
209, 212, 217 and 221 Draft Environmental Impact Statement OCS EIS/EA 
MMS 2008-0055.
    Response: The comments contained in the letter to the MMS relate to 
the analysis the MMS conducted on the air impacts that could occur as a 
result of the actions authorized under the Draft Environmental Impact 
Statement. These comments do not relate to the proposed EPA action 
which is simply to incorporate the applicable onshore regulations into 
part 55. These comments are therefore beyond the scope of this 
rulemaking.

III. EPA Action

    In this document, EPA takes final action to incorporate the changes 
proposed on March 3, 2009 except for 18 AAC 50.410 into 40 CFR part 55. 
Subsequent to EPA's March 3, 2009 proposed changes to 40 CFR part 55, 
the State of Alaska adopted regulation changes in Title 18, Chapter 50 
of the Alaska Administrative Code (``ACC''). More specifically, as 
amended through June 18, 2009, Alaska revised the Air Emission User Fee 
provision in 18 AAC 50.410 to extend the date through which the current 
emission fee rates apply to stationary sources permitted under AS 46.14 
from to June 30, 2009 to June 30, 2010 and clarified that the fee 
applies annually. EPA is taking direct final action, under Docket ID 
No. EPA-R10-OAR-2009-0799, to incorporate 18 AAC 50.410 as amended 
through June 18, 2009 rather than the version referenced on March 3, 
2009 proposal, into 40 CFR part 55.
    As described above, EPA is approving the action under section 
328(a)(1) of the Act, 42 U.S.C. 7627. Section 328(a) of the Act 
requires that EPA establish requirements to control air pollution from 
OCS sources located within 25 miles of States' seaward boundaries that 
are the same as onshore requirements. To comply with this statutory 
mandate, EPA incorporates applicable onshore rules into part 55 as they 
exist onshore.

IV. Administrative Requirements

    Under the Clean Air Act, the Administrator is required to establish 
requirements to control air pollution from OCS sources located within 
25 miles of States' seaward boundaries that are the same as onshore air 
control requirements. To comply with this statutory mandate, EPA must 
incorporate applicable onshore rules into part 55 as they exist 
onshore. 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in promulgating OCS 
consistency updates, EPA's role is to maintain consistency between OCS 
regulations and the regulations of onshore areas, provided that they 
meet the criteria of the Clean Air Act. Accordingly, this action simply 
updates the existing OCS requirements to make them consistent with 
requirements onshore, without the exercise of policy discretion by EPA. 
For that reason, this action:

[[Page 3391]]

     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because it does not have a substantial direct effect on one or more 
Indian Tribes, on the relationship between the Federal Government and 
Indian Tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian Tribes, nor does it impose 
substantial direct compliance costs on Tribal governments, nor preempt 
Tribal law.
    Under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 
et seq., an agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. OMB has approved the information 
collection requirements contained in 40 CFR part 55 and, by extension, 
this update to the rules, and has assigned OMB control number 2060-
0249. Notice of OMB's approval of EPA Information Collection Request 
(``ICR'') No. 1601.07 was published in the Federal Register on February 
17, 2009 (74 FR 7432). The approval expires January 31, 2012. As EPA 
previously indicated (70 FR 65897-65898 (November 1, 2005)), the annual 
public reporting and recordkeeping burden for collection of information 
under 40 CFR part 55 is estimated to average 549 hours per response, 
using the definition of burden provided in 44 U.S.C. 3502(2).
    The Congressional Review Act, 5 U.S.C. 801 st seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air, petitions for judicial 
review of this action must be filed in the United States Court of 
Appeals for the appropriate circuit by March 22, 2010. Filing a 
petition for reconsideration by the Administrator of this final action 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 55

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Hydrocarbons, Incorporation by reference, 
Intergovernmental relations, Nitrogen dioxide, Nitrogen oxides, Outer 
Continental Shelf, Ozone, Particulate matter, Permits, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: December 14, 2009.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.


0
Title 40, chapter I of the Code of Federal Regulations, is amended as 
follows:

PART 55--[AMENDED]

0
1. The authority citation for part 55 continues to read as follows:

    Authority: Section 328 of the Act (42 U.S.C. 7401, et seq.) as 
amended by Public Law 101-549.


0
2. Section 55.14 is amended by revising paragraph (e)(2)(i)(A) to read 
as follows:

Sec.  55.14  Requirements that apply to OCS sources located within 25 
miles of States' seaward boundaries, by State.

* * * * *
    (e) * * *
    (2) * * *
    (i) * * *
    (A) State of Alaska Requirements Applicable to OCS Sources, 
November 9, 2009.
* * * * *

0
3. Appendix A to CFR part 55 is amended by revising paragraph (a)(1) 
under the heading ``Alaska'' to read as follows:

Appendix A to Part 55--Listing of State and Local Requirements 
Incorporated by Reference Into Part 55, by State

* * * * *
    Alaska
    (a) * * *
    (1) The following State of Alaska requirements are applicable to 
OCS Sources, November 9, 2009, Alaska Administrative Code--
Department of Environmental Conservation. The following sections of 
Title 18, Chapter 50:

Article 1. Ambient Air Quality Management

18 AAC 50.005. Purpose and Applicability of Chapter (effective 10/
01/2004)
18 AAC 50.010. Ambient Air Quality Standards (effective 10/01/2004)
18 AAC 50.015. Air Quality Designations, Classification, and Control 
Regions (effective 10/10/2004) except (d)(2)

Table 1. Air Quality Classifications

18 AAC 50.020. Baseline Dates and Maximum Allowable Increases 
(effective 07/25/2008)

Table 2. Baseline Dates

Table 3. Maximum Allowable Increases

18 AAC 50.025. Visibility and Other Special Protection Areas 
(effective 06/21/1998)
18 AAC 50.030. State Air Quality Control Plan (effective 11/09/2008)
18 AAC 50.035. Documents, Procedures, and Methods Adopted by 
Reference (effective 11/09/2008)
18 AAC 50.040. Federal Standards Adopted by Reference (effective 07/
25/2008) except (a)(H), (a)(I), (a)(N) through (a)(P), (a)(R) 
through (a)(U), (a)(W), (a)(Y), (a)(AA), (a)(CC) through (a)(EE), 
(a)(II), (a)(KK), (c)(4), (c)(5), (c)(12), (c)(14) through (c)(16), 
(c)(18), (c)(20), (c)(25), (c)(26) through (c)(29), (c)(30), (c)(31) 
and (g)
18 AAC 50.045. Prohibitions (effective 10/01/2004)
18 AAC 50.050. Incinerator Emissions Standards (effective 07/25/
2008)

[[Page 3392]]

Table 4. Particulate Matter Standards for Incinerators

18 AAC 50.055. Industrial Processes and Fuel-Burning Equipment 
(effective 07/25/2008) except (a)(3) through (a)(9), (b)(2)(A), 
(b)(4) through (b)(6), (e) and (f)
18 AAC 50.065. Open Burning (effective 01/18/1997)
18 AAC 50.070. Marine Vessel Visible Emission Standards (effective 
06/21/1998)
18 AAC 50.075. Wood-Fired Heating Device Visible Emission Standards 
(effective 01/18/1997)
18 AAC 50.080. Ice Fog Standards (effective 01/18/1997)
18 AAC 50.085. Volatile Liquid Storage Tank Emission Standards 
(effective 01/18/1997)
18 AAC 50.090. Volatile Liquid Loading Racks and Delivery Tank 
Emission Standards (effective 07/25/2008)
18 AAC 50.100. Nonroad Engines (effective 10/01/2004)
18 AAC 50.110. Air Pollution Prohibited (effective 05/26/1972)

Article 2. Program Administration

18 AAC 50.200. Information Requests (effective 10/01/2004)
18 AAC 50.201. Ambient Air Quality Investigation (effective 10/01/
2004)
18 AAC 50.205. Certification (effective 10/01/2004)
18 AAC 50.215. Ambient Air Quality Analysis Methods (effective 07/
25/2008)

Table 5. Significant Impact Levels (SILs)

18 AAC 50.220. Enforceable Test Methods (effective 10/01/2004)
18 AAC 50.225. Owner-Requested Limits (effective 07/25/2008) except 
(c) through (g)
18 AAC 50.230. Preapproved Emission Limits (effective 01/29/2005) 
except (d)
18 AAC 50.235. Unavoidable Emergencies and Malfunctions (effective 
10/01/2004)
18 AAC 50.240. Excess Emissions (effective 10/01/2004)
18 AAC 50.245. Air Episodes and Advisories (effective 10/01/2004)

Table 6. Concentrations Triggering an Air Episode

18 AAC 50.260. Guidance for Best Available Retrofit Technology under 
the Regional Haze Rule (effective 12/30/2007)

Article 3. Major Stationary Source Permits

18 AAC 50.301. Permit Continuity (effective 10/01/2004) except (b)
18 AAC 50.302. Construction Permits (effective 10/01/2004)
18 AAC 50.306. Prevention of Significant Deterioration (PSD) Permits 
(effective 07/25/2008) except (c)(2) and (e)
18 AAC 50.311. Nonattainment Area Major Stationary Source Permits 
(effective 10/01/2004) except (c)
18 AAC 50.316. Preconstruction Review for Construction or 
Reconstruction of a Major Source of Hazardous Air Pollutants 
(effective 12/01/2004) except (c)
18 AAC 50.321. Case-By-Case Maximum Achievable Control Technology 
(effective 12/01/2004)
18 AAC 50.326. Title V Operating Permits (effective12/01/2004) 
except (c)(1), (h), (i)(3), (j)(5), (j)(6), (k)(1)(k)(3), (k)(5), 
and (k)(6)
18 AAC 50.345. Construction, Minor and Operating Permits: Standard 
Permit Conditions (effective 11/09/2008)
18 AAC 50.346. Construction and Operating Permits: Other Permit 
Conditions (effective 11/09/2008)

Table 7. Standard Operating Permit Condition

Article 4. User Fees

18 AAC 50.400. Permit Administration Fees (effective 07/25/2008) 
except (c)(1) through (c)(3), (c)(6), (k)(3) and (m)(3)
18 AAC 50.403. Negotiated Service Agreements (effective 12/03/2005)
18 AAC 50.405. Transition Process for Permit Fees (effective 01/29/
2005)
18 AAC 50.499. Definition for User Fee Requirements (effective 01/
29/2005)

Article 5. Minor Permits

18 AAC 50.502. Minor Permits for Air Quality Protection (effective 
07/25/2008) except (b)(1) through (b)(3), (b)(5), (d)(1) and (d)(2)
18 AAC 50.508. Minor Permits Requested by the Owner or Operator 
(effective 07/25/2008)
18 AAC 50.509. Construction of a Pollution Control Project Without a 
Permit (effective 07/25/2008)
18 AAC 50.540. Minor Permit: Application (effective 07/25/2008)
18 AAC 50.542. Minor Permit: Review and Issuance (effective 07/25/
2008) except (a), (b)(1), (b)(2), (b)(4), (b)(5), and (d)
18 AAC 50.544. Minor Permits: Content (effective 11/09/2008)
18 AAC 50.546. Minor Permits: Revisions (effective 07/25/2008)
18 AAC 50.560. General Minor Permits (effective 10/01/2004) except 
(b)

Article 9. General Provisions

18 AAC 50.990. Definitions (effective 07/25/2008)
* * * * *
[FR Doc. 2010-1110 Filed 1-20-10; 8:45 am]
BILLING CODE 6560-50-P