Outer Continental Shelf Air Regulations Consistency Update for Alaska, 37274-37280 [2011-15852]
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Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Rules and Regulations
any comments, this action will be
effective August 26, 2011.
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IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements. For
that reason, this action:
• 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);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• 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 CAA; 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 the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
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costs on tribal governments or preempt
tribal law.
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 action 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 26, 2011. Filing a
petition for reconsideration by the
Administrator of this final rule 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. 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 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: June 3, 2011.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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Subpart O—Illinois
2. Section 52.720 is amended by
adding paragraph (c)(188) to read as
follows:
■
§ 52.720
Identification of plan.
*
*
*
*
*
(c) * * *
(188) On November 8, 2010, the
Illinois Environmental Protection
Agency submitted a revision to its state
implementation plan. The revision to
the SIP allows an adjusted standard to
the general rule, Use of Organic Material
Rule, known as the eight pound per
hour (8 lb/hr) rule, for volatile organic
matter, for Royal Fiberglass Pools, Inc.
manufacturing facility located in Dix,
Illinois. The adjusted standard is that 35
Ill. Adm. Code 217.301 does not apply
to VOM emissions from Royal’s Dix,
Illinois facility. The facility is subject to
emission limit requirements set forth in
the MACT under 40 CFR 63 subpart
WWWW finalized in 68 FR 19402, April
21, 2003.
(i) Incorporation by reference. (A)
February 18, 2010, Opinion and Order
of the Illinois Pollution Control Board,
AS–09–04, effective February 18, 2010.
[FR Doc. 2011–15866 Filed 6–24–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 55
[EPA–R10–OAR–2011–0045; FRL–9317–8]
Outer Continental Shelf Air
Regulations Consistency Update for
Alaska
Environmental Protection
Agency (‘‘EPA’’).
ACTION: Final rule.
AGENCY:
EPA is finalizing an update to
a portion of the Outer Continental Shelf
(‘‘OCS’’) Air Regulations proposed in
the Federal Register on February 10,
2011. 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, as
mandated by section 328(a)(1) of the
Clean Air Act (‘‘the Act’’). The portion
of the OCS air regulations 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 a manner consistent with the
requirements onshore. The change to
SUMMARY:
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the existing requirements discussed
below is to be incorporated by reference
into the Code of Federal Regulations
and is listed in the appendix to the OCS
air regulations.
Effective Date: The final rule is
effective on July 27, 2011. The
incorporation by reference of certain
publications listed this rule are
approved by the Director of the Federal
Register as of July 27, 2011.
DATES:
EPA has established a
docket for this action under docket
number. EPA–R10–OAR–2011–0045.
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.
ADDRESSES:
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; email address: greaves.natasha@epa.gov.
SUPPLEMENTARY INFORMATION:
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Table of Contents
I. Background Information
Why is EPA taking this action?
II. Public Comment and EPA Response
What criteria were used to evaluate rules
submitted to update 40 CFR part 55?
III. EPA Action
EPA’s Evaluation
IV. Statutory and Executive Order Reviews
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
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I. Background Information
Why is EPA taking this action?
On September 4, 1992, EPA
promulgated 40 CFR part 55 (the OCS
rule) 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 corresponding onshore area
(‘‘COA’’.) Because the OCS requirements
are based on onshore requirements, and
onshore requirements may change,
section 328(a)(1) of the Act requires that
EPA update the OCS requirements as
necessary to maintain consistency with
onshore requirements.
Pursuant to section 55.12 of the OCS
rule, consistency reviews will occur (1)
at least annually; (2) upon receipt of a
Notice of Intent (‘‘NOI’’) under section
40 CFR 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.
On February 10, 2011, (76 FR 7518),
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 December 10, 2010, by Shell
Offshore, Inc. of Houston, Texas
(‘‘Shell’’). 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 would apply if the
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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source[s] were located onshore. 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 February 10, 2011, proposed
action provided a 30-day public
comment period which closed on March
14, 2011. During the public comment
period, EPA received one letter from the
Alaska Eskimo Whaling Commission
commenting on the proposed rule.
Comment: The Alaska Eskimo
Whaling Commission stated that Shell’s
NOI and other relevant submissions
were not included within the public
notice and were not made available to
the public on EPA’s Web site or
otherwise.
Response: As noted in the proposed
rule, EPA established a docket for the
consistency update under Docket ID No.
EPA–R10–OAR–2011–0045. The docked
included the NOI submitted by Shell,
the state rules relevant to the proposed
action and other information relied on
by EPA. These documents were
available for review to the public, as
noted in the proposed rule,
electronically via the federal docket
management system or in hard copy
during normal business hours at EPA.
We do acknowledge that the
information was not posted on EPA
Region 10’s OCS webpage.
Comment: The Alaska Eskimo
Whaling Commission requested a
narrative discussing how EPA made the
decision to include or exclude rules.
The Alaska Eskimo Whaling
Commission expressed specific concern
with EPA’s decision to exclude
administrative and procedural rules and
stated that EPA did not explain the basis
for excluding administrative and
procedural rules.
Response: EPA is required to perform
consistency updates to maintain
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Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Rules and Regulations
consistency with the applicable
regulations in the COA. In order to be
considered for inclusion in the OCS
rule, these COA requirements must have
been formally adopted by the state or
local regulatory agency. Before a COA
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. (See also 40 CFR 55.1).
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 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 updating 40 CFR part 55, EPA
reviews the current COA rules for
consistency with part 55. For the
proposed rule, EPA reviewed Alaska’s
Air Quality Control Regulations at 18
AAC 50, as amended through December
9, 2010, to identify rules that 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) and applicable to OCS
sources. EPA also evaluated the rules to
ensure they are not arbitrary or
capricious. Rules that are arbitrary or
capricious are excluded from
incorporation. (See 40 CFR 55.12(e)).
Additionally as noted in part 55, the
OCS rules specifically provide that EPA
shall not be bound by state or local
administrative procedural requirements
including, but not limited to,
requirements pertaining to hearing
boards, permit issuance, public notice
procedures, and public hearings. (See 40
CFR 55.14(c)(4)). EPA uses the
applicable administrative and public
notice and comment procedures of 40
CFR part 55.6 and 40 CFR part 124. (See
40 CFR 55.6(a)(3) and 40 CFR
55.14(c)(4)). Finally EPA did not
incorporate COA rules that regulate
toxics which are not related to the
attainment and maintenance of federal
and state ambient air quality standards,
and/or designed to prevent exploration
and development on the OCS. (See also
40 CFR 55.1 and 57 FR 40792, 40803
(Final OCS rule)).
The intended effect of approving the
OCS requirements is to regulate
emissions from OCS sources consistent
with the requirements onshore; to the
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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 which ones 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 and, that they are not
designed expressly to prevent
exploration and development of the
OCS and are applicable to OCS sources.
Comment: The Alaska Eskimo
Whaling Commission submitted several
comments requesting clarification on
EPA’s decision to exclude several of the
COA rules regarding public
participation. Specifically, the Alaska
Eskimo Whaling Commission expressed
concern about excluding the public
from participating in the permit process
by excluding permit issuance under 40
CFR 52.21 and excluding rules that
allow request for adjudicatory hearing
as it applies to 55.166(q)(2) public
participation process of PSD permits.
Specifically, the Alaska Eskimo Whaling
Commission asked EPA to clarify the
rational for excluding 18 AAC
50.040(h)(2); 18 AAC 50.225(c) through
(g); 18 AAC 50.306(c) and (e); 18 AAC
50.311(c); 18 AAC 50.316(c); 18 AAC
50.326 (j)(5) through (j)(6), (k)(1), (k)(3),
(k)(5), and (k)(6); 18 AAC 50.400(j)(13);
18 AAC 50.420; 18 AAC 50.430; 18 AAC
50.542(a) through (d); and 18 AAC
50.546.
Response: Part 55.6(a)(3) requires EPA
to follow the applicable procedures of
40 CFR part 124 in processing
applications under part 55. Specifically,
EPA is required to use the procedures in
part 124 used to issue Prevention of
Significant Deterioration (‘‘PSD’’)
permits until 40 CFR part 124 has been
modified to reference permits issued
under part 55. As explained in the
regulation itself, part 124 contains the
procedures for issuing, modifying,
revoking and reissuing, or terminating
the permits. (40 CFR 124.(1)(a)). Part
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124 set forth the applicable procedures
that EPA will use to process OCS
permits, thus incorporating additional
state procedural rules is not necessary.
Also, part 124 specifically provides the
opportunity for full meaningful public
participation in the permit process. (See
e.g. 40 CFR 124.10, 124.11 and 124.12).
Additionally, part 124 includes
procedures to challenge the permits. See
40 CFR 124.19. Accordingly, EPA
excluded all COA regulations, including
those referenced in the comment,
pertaining to procedures for issuing,
modifying, revoking and reissuing, or
terminating permits.
Comment: The Alaska Eskimo
Whaling Commission asked EPA to
clarify the exclusion of Table 1 Air
Quality Classifications.
Response: EPA included 18 AAC 50
Table 1 Air Quality Classifications into
the proposed rulemaking. The table can
be found under Article 1—Ambient Air
Quality Management in the proposed
rule.
Comment: The Alaska Eskimo
Whaling Commission asked EPA to
clarify the exclusion of 18 AAC 50.250.
Response: EPA did not incorporate 18
AAC 50.250 because the rule sets out
the procedure and criteria for revising
air quality classifications. This rule was
not incorporated because it is
administrative or procedural. More
specifically, the rule outlines the
process the State of Alaska uses to
reclassify an air quality classification for
a geographic area.
Comment: The Alaska Eskimo
Whaling Commission asked EPA to
clarify exclusion of 18 AAC 326(h) and
(i)(3) and 18 AAC 50.400 (a)(2), (a)(5),
(j)(2) through (j)(5), and (j)(8)
Response: EPA did not incorporate 18
AAC 326(h) and (i)(3) and 18 AAC
50.400 (a)(2), (a)(5), (j)(2) through (j)(5),
and (j)(8) because the rules do not apply
to the OCS. More specifically, 18 AAC
50.326(h) and (i)(3) relates to a portion
of the state regulations regarding Title V
permits pertaining to ponds and lagoons
and coffee roasters and agricultural
activities as insignificant emission
units. The provisions at 18 AAC 50.400
relate to the permit state administrative
fees. Specifically, 18 AAC 50.400(a)(2)
related to fees for a small power plant
permit renewal and (a)(5), (j)(2) through
(j)(5) and (j)(8) are procedural or do not
relate to OCS sources and need not be
incorporated.
Comment: AEWC requests an
explanation and an opportunity for
input on EPA’s rationale prior to
finalizing the update.
Response: EPA appreciated the
comments submitted by the Alaska
Eskimo Whaling Commission. As part of
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this rulemaking, EPA provided the
public notice and the opportunity to
comment on the proposed consistency
update. EPA carefully considered the
comments received and its response to
the comments are contained in this
action.
III. EPA Action
In this document, EPA takes final
action to incorporate the changes
proposed on February 10, 2011 into 40
CFR part 55 related to the consistency
update for the OCS air regulations for
Alaska. 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 or
consistent with onshore requirements.
To comply with this statutory mandate,
EPA incorporates applicable Alaska
onshore rules into part 55 as they exist
onshore.
IV. Statutory and Executive Order
Reviews
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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,
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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, 2009 indicated that 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
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37277
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,
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 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 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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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
final 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 final 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
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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
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
comments on this aspect of the final
rulemaking and, specifically, invites the
public to identify potentially-applicable
voluntary consensus standards and to
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Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Rules and Regulations
explain why such standards should be
used in this regulation.
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 August 26, 2011. 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: May 27, 2011.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
Title 40, chapter I of the Code of
Federal Regulations, is amended as
follows:
PART 55—[AMENDED]
1. The authority citation for part 55
continues to read as follows:
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■
Authority: Section 328 of the Act (42
U.S.C. 7401, et seq.) as amended by Pub. L.
101–549.
2. Section 55.14 is amended by
revising paragraph (e)(2)(i)(A) to read as
follows:
■
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§ 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 9,
2010.
*
*
*
*
*
3. Appendix A to 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 9, 2010, 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 04/01/2010)
18 AAC 50.015. Air Quality Designations,
Classification, and Control Regions
(effective 12/09/2010) except (b)(1), (b)(3)
and (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 10/29/2010)
18 AAC 50.035. Documents, Procedures, and
Methods Adopted by Reference (effective
04/01/2010)
18 AAC 50.040. Federal Standards Adopted
by Reference (effective12/09/2010) except
(h)(2)
18 AAC 50.045. Prohibitions (effective 10/01/
2004)
18 AAC 50.050. Incinerator Emissions
Standards (effective 07/25/2008)
Table 4. Particulate Matter Standards for
Incinerators
18 AAC 50.055. Industrial Processes and
Fuel-Burning Equipment (effective 12/09/
2010) except (a)(3) through (a)(9), (b)(2)(A),
(b)(3) 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)
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37279
18 AAC 50.075. Wood-Fired Heating Device
Visible Emission Standards (effective 05/
06/2009)
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) except (b)
18 AAC 50.215. Ambient Air Quality
Analysis Methods (effective 10/29/2010)
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 12/09/2010) except (c) through
(g)
18 AAC 50.230. Preapproved Emission
Limits (effective 07/01/2010) 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
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 12/09/2010)
18 AAC 50.306. Prevention of Significant
Deterioration (PSD) Permits (effective 12/
09/2010) except (c) 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
12/01/04)
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
12/09/2010)
Table 7. Standard Operating Permit
Condition
Article 4. User Fees
18 AAC 50.400. Permit Administration Fees
(effective 07/01/2010) except (a)(2), (a)(5),
(j)(2) through (j)(5), (j)(8), and (j)(13)
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18 AAC 50.403. Negotiated Service
Agreements (effective 07/01/2010)
18 AAC 50.410. Emission Fees (effective 07/
10/2010)
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 12/09/2010)
except (b)(1) through (b)(3), (b)(5), (d)(1)(A)
and (d)(2)(A)
18 AAC 50.508. Minor Permits Requested by
the Owner or Operator (effective 12/07/
2010)
18 AAC 50.510. Minor Permit—Title V
Permit Interface (effective 12/09/2010)
18 AAC 50.540. Minor Permit: Application
(effective 12/09/2010)
18 AAC 50.542. Minor Permit: Review and
Issuance (effective 12/09/2010) except (a),
(b), (c), and (d)
18 AAC 50.544. Minor Permits: Content
(effective 12/09/2010)
18 AAC 50.560. General Minor Permits
(effective 10/01/2004) except (b)
Article 9. General Provisions
18 AAC 50.990. Definitions (effective 12/09/
2010)
*
*
*
*
*
[FR Doc. 2011–15852 Filed 6–24–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
46 CFR Part 221
Approval Process for Transfers to
Foreign Registry of U.S. Documented
Vessels Over 1,000 Gross Tons
Maritime Administration
(MARAD), DOT.
ACTION: Clarification.
AGENCY:
This document clarifies the
Maritime Administration’s (MARAD’s)
approval process in 46 CFR part 221, for
requests relating to proposed transfers to
foreign registry of U.S. documented
vessels over 1,000 gross tons.
DATES: The applicability date of this
clarification is February 14, 2011.
Comments may be submitted on or
before July 27, 2011.
ADDRESSES: Mail or hand deliver
comments to the U.S. Department of
Transportation, Dockets Management
Facility, Room W12–140, 1200 New
Jersey Avenue, SE., Washington, DC
20590, or submit electronically at
https://www.regulations.gov or fax
comments to (202) 493–2251. All
comments should include the docket
number that appears in the heading of
this document. All comments received
will be available for examination and
copying at the above address from 9
jlentini on DSK4TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:08 Jun 24, 2011
Jkt 223001
a.m. to 5 p.m., E.T., Monday through
Friday, except Federal holidays. Those
desiring notification or receipt of
comments must include a selfaddressed, stamped postcard or you
may print the acknowledgment page
that appears after submitting comments
electronically. You may review DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (Volume 65, Number 70, Page
19477–78), or you may visit https://
dms.dot.gov.
FOR FURTHER INFORMATION CONTACT:
Michaela Noble, Office of Chief
Counsel, Maritime Administration, 1200
New Jersey Avenue, SE., Washington,
DC 20590. Telephone: 202–366–5184; or
e-mail Michaela.Noble@dot.gov. Copies
of this notice may also be obtained from
that office. An electronic copy of this
document may be downloaded from the
Federal Register’s home page at:
https://www.archives.gov and the
Government Printing Office’s database
at: https://www.access.gpo.gov/nara.
SUPPLEMENTARY INFORMATION: The
Maritime Administration (MARAD) is
clarifying its approval process in 46 CFR
Part 221 for requests relating to
proposed transfers to foreign registry of
U.S. documented vessels over 1000
gross tons. The approval process will
require vessel owners to self-certify that
the vessel(s) does not contain
polychlorinated biphenyls (PCBs) in
regulated quantities, and to provide
notice to the Environmental Protection
Agency (EPA) of the transfer request.
This process shall apply to all transfer
requests filed on or after February 14,
2011, except as otherwise provided
herein. In addition, the requirement for
vessel owner self-certification will
apply to all future approvals under the
provisions for granting advance foreign
transfer approvals pursuant to 46 U.S.C.
56101(b), regardless of when the
application is filed. Vessel owners that
receive advance approval under 46
U.S.C. 56101(b) will be required to
submit a self-certification conforming to
the language provided below, or as may
be amended by MARAD, prior to
transfer of the vessel to foreign registry,
otherwise the prior approval is void.
Vessels built in the United States after
1985 shall be exempted from these
requirements.
Self-certification must be performed
by a person with legal authority to act
on behalf of the company. Selfcertification means a written statement
containing the following language:
‘‘Under civil and criminal penalties of
law for the making or submission of
false or fraudulent statements or
representations (18 U.S.C. 1001 and 15
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
U.S.C. 2615), to the best of my
knowledge and belief, I hereby certify
that after the exercise of reasonable due
diligence, the vessel(s) do(es) not
contain polychlorinated biphenyls
(PCBs) in amounts greater than or equal
to 50 ppm as regulated by the Toxic
Substances Control Act (15 U.S.C. 2601
et seq.).’’ The Maritime Administration
will provide the EPA with up to 30 days
notice prior to approving any transfer
request. Applicants are advised to
account for this processing time when
submitting transfer requests.
Dated: June 20, 2011.
By Order of the Maritime Administrator.
Murray A. Bloom,
Acting Secretary, Maritime Administration.
[FR Doc. 2011–15889 Filed 6–24–11; 8:45 am]
BILLING CODE 4910–81–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket No. 02–60; FCC 11–101]
Rural Health Care Support Mechanism
Federal Communications
Commission.
ACTION: Interim rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) adopts an interim rule
permitting health care providers that are
located in a ‘‘rural area’’ under the
definition used by the Commission prior
to July 1, 2005, and that have received
a funding commitment from the rural
health care program prior to July 1,
2005, to continue to be treated as if they
are located in ‘‘rural’’ areas for purposes
of determining eligibility for all
universal service rural health care
programs. The Commission takes these
actions to ensure that health care
providers located in rural areas can
continue to benefit from connecting
with grandfathered providers, and
thereby provide health care to patients
in rural areas.
DATES: Effective June 27, 2011.
FOR FURTHER INFORMATION CONTACT:
Chin Yoo, Attorney Advisor, at 202–
418–0295, Telecommunications Access
Policy Division, Wireline Competition
Bureau.
SUMMARY:
This is a
summary of the Commission’s Order
(Order) in WC Docket No. 02–60, FCC
11–101, adopted on June 20, 2011 and
released on June 21, 2011. This Order
was also released with a companion
Notice of Proposed Rulemaking
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Rules and Regulations]
[Pages 37274-37280]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15852]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[EPA-R10-OAR-2011-0045; FRL-9317-8]
Outer Continental Shelf Air Regulations Consistency Update for
Alaska
AGENCY: Environmental Protection Agency (``EPA'').
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is finalizing an update to a portion of the Outer
Continental Shelf (``OCS'') Air Regulations proposed in the Federal
Register on February 10, 2011. 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, as mandated by section 328(a)(1) of the
Clean Air Act (``the Act''). The portion of the OCS air regulations
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 a
manner consistent with the requirements onshore. The change to
[[Page 37275]]
the existing requirements discussed below is to be incorporated by
reference into the Code of Federal Regulations and is listed in the
appendix to the OCS air regulations.
DATES: Effective Date: The final rule is effective on July 27, 2011.
The incorporation by reference of certain publications listed this rule
are approved by the Director of the Federal Register as of July 27,
2011.
ADDRESSES: EPA has established a docket for this action under docket
number. EPA-R10-OAR-2011-0045. 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
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. Public Comment and EPA Response
What criteria were used to evaluate rules submitted to update 40
CFR part 55?
III. EPA Action
EPA's Evaluation
IV. Statutory and Executive Order Reviews
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
I. Background Information
Why is EPA taking this action?
On September 4, 1992, EPA promulgated 40 CFR part 55 (the OCS rule)
\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 corresponding onshore area (``COA''.) Because the OCS requirements
are based on onshore requirements, and onshore requirements may change,
section 328(a)(1) of the Act 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.
---------------------------------------------------------------------------
Pursuant to section 55.12 of the OCS rule, consistency reviews will
occur (1) at least annually; (2) upon receipt of a Notice of Intent
(``NOI'') under section 40 CFR 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.
On February 10, 2011, (76 FR 7518), 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 December 10, 2010, by Shell
Offshore, Inc. of Houston, Texas (``Shell''). 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 would apply if the source[s] were
located onshore. 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 February 10, 2011, proposed action provided a 30-day public
comment period which closed on March 14, 2011. During the public
comment period, EPA received one letter from the Alaska Eskimo Whaling
Commission commenting on the proposed rule.
Comment: The Alaska Eskimo Whaling Commission stated that Shell's
NOI and other relevant submissions were not included within the public
notice and were not made available to the public on EPA's Web site or
otherwise.
Response: As noted in the proposed rule, EPA established a docket
for the consistency update under Docket ID No. EPA-R10-OAR-2011-0045.
The docked included the NOI submitted by Shell, the state rules
relevant to the proposed action and other information relied on by EPA.
These documents were available for review to the public, as noted in
the proposed rule, electronically via the federal docket management
system or in hard copy during normal business hours at EPA. We do
acknowledge that the information was not posted on EPA Region 10's OCS
webpage.
Comment: The Alaska Eskimo Whaling Commission requested a narrative
discussing how EPA made the decision to include or exclude rules. The
Alaska Eskimo Whaling Commission expressed specific concern with EPA's
decision to exclude administrative and procedural rules and stated that
EPA did not explain the basis for excluding administrative and
procedural rules.
Response: EPA is required to perform consistency updates to
maintain
[[Page 37276]]
consistency with the applicable regulations in the COA. In order to be
considered for inclusion in the OCS rule, these COA requirements must
have been formally adopted by the state or local regulatory agency.
Before a COA 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. (See also 40 CFR 55.1).
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
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 updating 40 CFR part 55, EPA reviews the current COA rules for
consistency with part 55. For the proposed rule, EPA reviewed Alaska's
Air Quality Control Regulations at 18 AAC 50, as amended through
December 9, 2010, to identify rules that 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) and applicable to OCS
sources. EPA also evaluated the rules to ensure they are not arbitrary
or capricious. Rules that are arbitrary or capricious are excluded from
incorporation. (See 40 CFR 55.12(e)). Additionally as noted in part 55,
the OCS rules specifically provide that EPA shall not be bound by state
or local administrative procedural requirements including, but not
limited to, requirements pertaining to hearing boards, permit issuance,
public notice procedures, and public hearings. (See 40 CFR
55.14(c)(4)). EPA uses the applicable administrative and public notice
and comment procedures of 40 CFR part 55.6 and 40 CFR part 124. (See 40
CFR 55.6(a)(3) and 40 CFR 55.14(c)(4)). Finally EPA did not incorporate
COA rules that regulate toxics which are not related to the attainment
and maintenance of federal and state ambient air quality standards,
and/or designed to prevent exploration and development on the OCS. (See
also 40 CFR 55.1 and 57 FR 40792, 40803 (Final OCS rule)).
The intended effect of approving the OCS requirements is to
regulate emissions from OCS sources consistent 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 which ones
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
and, that they are not designed expressly to prevent exploration and
development of the OCS and are applicable to OCS sources.
Comment: The Alaska Eskimo Whaling Commission submitted several
comments requesting clarification on EPA's decision to exclude several
of the COA rules regarding public participation. Specifically, the
Alaska Eskimo Whaling Commission expressed concern about excluding the
public from participating in the permit process by excluding permit
issuance under 40 CFR 52.21 and excluding rules that allow request for
adjudicatory hearing as it applies to 55.166(q)(2) public participation
process of PSD permits. Specifically, the Alaska Eskimo Whaling
Commission asked EPA to clarify the rational for excluding 18 AAC
50.040(h)(2); 18 AAC 50.225(c) through (g); 18 AAC 50.306(c) and (e);
18 AAC 50.311(c); 18 AAC 50.316(c); 18 AAC 50.326 (j)(5) through
(j)(6), (k)(1), (k)(3), (k)(5), and (k)(6); 18 AAC 50.400(j)(13); 18
AAC 50.420; 18 AAC 50.430; 18 AAC 50.542(a) through (d); and 18 AAC
50.546.
Response: Part 55.6(a)(3) requires EPA to follow the applicable
procedures of 40 CFR part 124 in processing applications under part 55.
Specifically, EPA is required to use the procedures in part 124 used to
issue Prevention of Significant Deterioration (``PSD'') permits until
40 CFR part 124 has been modified to reference permits issued under
part 55. As explained in the regulation itself, part 124 contains the
procedures for issuing, modifying, revoking and reissuing, or
terminating the permits. (40 CFR 124.(1)(a)). Part 124 set forth the
applicable procedures that EPA will use to process OCS permits, thus
incorporating additional state procedural rules is not necessary. Also,
part 124 specifically provides the opportunity for full meaningful
public participation in the permit process. (See e.g. 40 CFR 124.10,
124.11 and 124.12). Additionally, part 124 includes procedures to
challenge the permits. See 40 CFR 124.19. Accordingly, EPA excluded all
COA regulations, including those referenced in the comment, pertaining
to procedures for issuing, modifying, revoking and reissuing, or
terminating permits.
Comment: The Alaska Eskimo Whaling Commission asked EPA to clarify
the exclusion of Table 1 Air Quality Classifications.
Response: EPA included 18 AAC 50 Table 1 Air Quality
Classifications into the proposed rulemaking. The table can be found
under Article 1--Ambient Air Quality Management in the proposed rule.
Comment: The Alaska Eskimo Whaling Commission asked EPA to clarify
the exclusion of 18 AAC 50.250.
Response: EPA did not incorporate 18 AAC 50.250 because the rule
sets out the procedure and criteria for revising air quality
classifications. This rule was not incorporated because it is
administrative or procedural. More specifically, the rule outlines the
process the State of Alaska uses to reclassify an air quality
classification for a geographic area.
Comment: The Alaska Eskimo Whaling Commission asked EPA to clarify
exclusion of 18 AAC 326(h) and (i)(3) and 18 AAC 50.400 (a)(2), (a)(5),
(j)(2) through (j)(5), and (j)(8)
Response: EPA did not incorporate 18 AAC 326(h) and (i)(3) and 18
AAC 50.400 (a)(2), (a)(5), (j)(2) through (j)(5), and (j)(8) because
the rules do not apply to the OCS. More specifically, 18 AAC 50.326(h)
and (i)(3) relates to a portion of the state regulations regarding
Title V permits pertaining to ponds and lagoons and coffee roasters and
agricultural activities as insignificant emission units. The provisions
at 18 AAC 50.400 relate to the permit state administrative fees.
Specifically, 18 AAC 50.400(a)(2) related to fees for a small power
plant permit renewal and (a)(5), (j)(2) through (j)(5) and (j)(8) are
procedural or do not relate to OCS sources and need not be
incorporated.
Comment: AEWC requests an explanation and an opportunity for input
on EPA's rationale prior to finalizing the update.
Response: EPA appreciated the comments submitted by the Alaska
Eskimo Whaling Commission. As part of
[[Page 37277]]
this rulemaking, EPA provided the public notice and the opportunity to
comment on the proposed consistency update. EPA carefully considered
the comments received and its response to the comments are contained in
this action.
III. EPA Action
In this document, EPA takes final action to incorporate the changes
proposed on February 10, 2011 into 40 CFR part 55 related to the
consistency update for the OCS air regulations for Alaska. 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 or
consistent with onshore requirements. To comply with this statutory
mandate, EPA incorporates applicable Alaska onshore rules into part 55
as they exist onshore.
IV. Statutory and Executive Order Reviews
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, 2009 indicated that 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, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant
[[Page 37278]]
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 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 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.
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 final 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 final 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 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 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
comments on this aspect of the final rulemaking and, specifically,
invites the public to identify potentially-applicable voluntary
consensus standards and to
[[Page 37279]]
explain why such standards should be used in this regulation.
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 August 26, 2011. 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: May 27, 2011.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
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 Pub. L. 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 9, 2010.
* * * * *
0
3. Appendix A to 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 9, 2010, 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 04/01/2010)
18 AAC 50.015. Air Quality Designations, Classification, and Control
Regions (effective 12/09/2010) except (b)(1), (b)(3) and (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 10/29/2010)
18 AAC 50.035. Documents, Procedures, and Methods Adopted by
Reference (effective 04/01/2010)
18 AAC 50.040. Federal Standards Adopted by Reference (effective12/
09/2010) except (h)(2)
18 AAC 50.045. Prohibitions (effective 10/01/2004)
18 AAC 50.050. Incinerator Emissions Standards (effective 07/25/
2008)
Table 4. Particulate Matter Standards for Incinerators
18 AAC 50.055. Industrial Processes and Fuel-Burning Equipment
(effective 12/09/2010) except (a)(3) through (a)(9), (b)(2)(A),
(b)(3) 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 05/06/2009)
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) except (b)
18 AAC 50.215. Ambient Air Quality Analysis Methods (effective 10/
29/2010)
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 12/09/2010) except
(c) through (g)
18 AAC 50.230. Preapproved Emission Limits (effective 07/01/2010)
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
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 12/09/2010)
18 AAC 50.306. Prevention of Significant Deterioration (PSD) Permits
(effective 12/09/2010) except (c) 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 12/01/04)
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 12/09/2010)
Table 7. Standard Operating Permit Condition
Article 4. User Fees
18 AAC 50.400. Permit Administration Fees (effective 07/01/2010)
except (a)(2), (a)(5), (j)(2) through (j)(5), (j)(8), and (j)(13)
[[Page 37280]]
18 AAC 50.403. Negotiated Service Agreements (effective 07/01/2010)
18 AAC 50.410. Emission Fees (effective 07/10/2010)
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
12/09/2010) except (b)(1) through (b)(3), (b)(5), (d)(1)(A) and
(d)(2)(A)
18 AAC 50.508. Minor Permits Requested by the Owner or Operator
(effective 12/07/2010)
18 AAC 50.510. Minor Permit--Title V Permit Interface (effective 12/
09/2010)
18 AAC 50.540. Minor Permit: Application (effective 12/09/2010)
18 AAC 50.542. Minor Permit: Review and Issuance (effective 12/09/
2010) except (a), (b), (c), and (d)
18 AAC 50.544. Minor Permits: Content (effective 12/09/2010)
18 AAC 50.560. General Minor Permits (effective 10/01/2004) except
(b)
Article 9. General Provisions
18 AAC 50.990. Definitions (effective 12/09/2010)
* * * * *
[FR Doc. 2011-15852 Filed 6-24-11; 8:45 am]
BILLING CODE 6560-50-P
