[Federal Register Volume 62, Number 149 (Monday, August 4, 1997)]
[Rules and Regulations]
[Pages 41870-41872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20469]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[Alaska 001; FRL-5847-7]


Outer Continental Shelf Air Regulations Consistency Update for 
Alaska

AGENCY: Environmental Protection Agency (``EPA'').

ACTION: Final rule--consistency update.

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SUMMARY: EPA is updating the Outer Continental Shelf (``OCS'') Air 
Regulations as they apply to OCS sources off the coast of Alaska. 
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 
Clean Air Act Amendments of 1990. The portion of the OCS air 
regulations that is being updated pertains to the requirements for OCS 
sources for which the State of Alaska is the designated COA. The 
intended effect of approving the requirements contained in the Alaska 
Administrative Code to OCS Sources (January 1, 1997), is to regulate 
emissions from OCS sources in accordance with the requirements onshore.

DATES: This action is effective September 3, 1997.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
following locations:

Office of Air Quality, U.S. Environmental Protection Agency, Region 10, 
1200 sixth Avenue, Seattle, Wa 98101.
Environmental Protection Agency (LE-6102), 401 ``M'' Street, SW, Room 
M-1500, Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT: Raymond Nye, Office of Air Quality 
(OAQ-107), U.S. EPA Region 10, 1200 Sixth Avenue, Seattle, Wa 98101, 
Telephone: (206) 553-4226.

SUPPLEMENTARY INFORMATION:

Background

    On August 21, 1992, EPA approved the Alaska Administrative Code to 
OCS sources. The updated requirements are being promulgated in response 
to a Notice of Intent filed pursuant to Sec. 55.12(c). EPA has 
evaluated the above 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.

EPA Action

    In this document, EPA takes final action to incorporate the January 
18, 1997 Alaska Department of Environmental Conservation rules into 40 
CFR part 55 as modified under section 328(a)(1) of the Act, 42 U.S.C. 
7627. Section 328(a) of the Act requires that EPA establish 
requirements to control air pollution from OCS sources located within 
25 miles of states' seaward boundaries that are the same as onshore 
requirements. To comply with this statutory mandate, EPA must 
incorporate applicable onshore rules into Part 55 as they exist 
onshore.

Administrative Requirements

A. Executive Order 12866 (Regulatory Impact Analysis)

    The Office of Management and Budget has exempted this action from 
Executive Order 12866 review.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 requires each federal agency 
to perform

[[Page 41871]]

a Regulatory Flexibility Analysis for all rules that are likely to have 
a ``significant impact on a substantial number of small entities.'' 
Small entities include small businesses, organizations, and 
governmental jurisdictions.
    As was stated in the final regulation, the OCS rule does not apply 
to any small entities, and the structure of the rule averts direct 
impacts and mitigates indirect impacts on small entities. This 
consistency update merely incorporates onshore requirements into the 
OCS rule to maintain consistency with onshore regulations as required 
by section 328 of the Act and does not alter the structure of the rule.
    The EPA certifies that this final rule will not have a significant 
impact on a substantial number of small entities.

C. Unfunded Mandates

    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector or to 
State, local, or tribal governments in the aggregate.
    EPA has determined that the final action promulgated today does not 
include a Federal mandate that may result in estimated cost of $100 
million or more to either State, local or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
Federal requirements. Accordingly, no additional costs to the State, 
local, or tribal governments, or to the private sector, result from 
this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting Office prior to publication of this rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(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: June 18, 1997.
Chuck Clarke,
Regional Administrator.
    Title 40 of the Code of Federal Regulations, part 55, is to be 
amended as follows:

PART 55--[AMENDED]

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

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

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


Sec. 55.14  Requirements that apply to OCS sources located within 25 
miles of states seaward boundaries, by state.

* * * * *
    (e) * * *
    (2) * * *
    (i) * * *
    (A) State of Alaska Requirements Applicable to OCS Sources, January 
18, 1997.
* * * * *
    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 40 CFR Part 55--Listing of State and Local Requirements 
Incorporated by Reference Into Part 55, by State

* * * * *
    Alaska
    (a) * * *
    (1) The following requirements are contained in the State of Alaska 
Requirements Applicable to OCS Sources, January 18, 1997.
    Alaska Administrative Code--Department of Environmental 
Conservation. The following sections of Title 18, Chapter 50:

Article 1. Ambient Air Quality Management

18 AAC 50.005. Purpose and Applicability of Chapter (effective 1/18/
97)
18 AAC 50.010. Ambient Air Quality Standards (effective 1/18/97)
18 AAC 50.015. Air Quality Designations, Classifications, And 
Control Regions (effective 1/18/97)
    Table 1. Air Quality Classifications
18 AAC 50.020. Baseline Dates, Maximum Allowable Increases, And 
Maximum Allowable Ambient Concentrations (effective 1/18/97)
    Table 2. Baseline Dates
    Table 3. Maximum Allowable Increases
18 AAC 50.025. Visibility and Other Special Protection Areas with 
the exception of (b) and (c) (effective 1/18/97)
18 AAC 50.030. State Air Quality Control Plan (effective 1/18/97)
18 AAC 50.035. Documents, Procedures, and Methods Adopted by 
Reference (effective 1/18/97)2
18 AAC 50.045. Prohibitions (effective 1/18/97)
18 AAC 50.050. Incinerator Emission Standards (effective 1/18/97)
    Table 4. Particulate Matter Standards for Incinerators
18 AAC 50.055. Industrial Processes and Fuel-burning Equipment 
(effective 1/18/97)
18 AAC 50.065. Open Burning (effective 1/18/97)
    (a) General Requirements
    (b) Black Smoke Prohibited
    (c) Toxic and Acid Gases and Particulate Matter Prohibited
    (d) Adverse Effects Prohibited
    (e) Air Quality Advisory
    (i) Firefighter Training: Fuel Burning
    (j) Public Notice
    (k) Complaints
18 AAC 50.070. Marine Vessel Visible Emission Standards (effective 
1/18/97)
18 AAC 50.080. Ice Fog Standards (effective 1/18/97)
18 AAC 50.100. Nonroad Engines (effective 1/18/97)
18 AAC 50.110. Air Pollution Prohibited (effective 5/26/72)

Article 2. Program Administration

18 AAC 50.201. Ambient Air Quality Investigation (effective 1/18/97)
18 AAC 50.205. Certification (effective 1/18/97)
18 AAC 50.210. Potential to Emit (effective 1/18/97)
18 AAC 50.215. Ambient Air Quality Analysis Methods (effective 1/18/
97)
18 AAC 50.220. Enforceable Test Methods (effective 1/18/97)
18 AAC 50.225. Owner-requested Limits (effective 1/18/97)
18 AAC 50.230. Preapproved Limits (effective 1/18/97)
18 AAC 50.235. Unavoidable Emergencies and Malfunctions (effective 
1/18/97)
18 AAC 50.240. Excess Emissions (effective 1/18/97)

Article 3. Permit Procedures and Requirements

18 AAC 50.300. Construction Permits: Classifications (effective 1/
18/97)
    (a) [untitled]
    (b) Ambient Air Quality Facilities
    (c) Prevention of Significant Deterioration Major Facilities
    (d) Nonattainment Major Facilities
    (e) Major Facility Near a Nonattainment Area
    (f) Hazardous Air Contaminant Major Facilities
    (g) Port of Anchorage Facilities

[[Page 41872]]

    (h) Modifications
18 AAC 50.305. Construction Permit Provisions Requested by the Owner 
or Operator (effective 1/18/97)
18 AAC 50.310. Constructon Permits: Application (effective 1/18/97)
    (a) Application Required
    (b) Operating Permit Coordination
    (c) General Information
    (d) Prevention of Significant Deterioration Information Table 6. 
Significant Concentrations
    (e) Excluded Ambient Air Monitoring
    (f) Nonattainment Information
    (g) Demonstration Required Near A Nonattainment Area
    (h) Hazardous Air Contaminant Information
    (j) Nonattainment Air Contaminant Reductions
    (k) Revising Permit Terms
    (l) Requested Limits
    (m) Stack Injection
18 AAC 50.320. Construction Permits: Content and Duration (effective 
1/18/97)
18 AAC 50.325. Operating Permits: Classifications (effective 1/18/
97)
18 AAC 50.330. Operating Permits: Exemptions (effective 1/18/97)
18 AAC 50.335. Operating Permits: Application (effective 1/18/97)
    (a) Application Required
    (b) Identification
    (c) General Emission Information
    (d) Fees
    (e) Regulated Source Information
    (f) Facility-wide Information: Ambient Air Quality
    (g) Facility-wide Information: Owner Requested Limits
    (h) Facility-wide Information: Emissions Trading
    (i) Compliance Information
    (j) Proposed Terms and Conditions
    (k) Compliance Certifications
    (l) Permit Shield
    (m) Supporting Documentation
    (n) Additional Information
    (o) Certification of Accuracy and Completeness
    (p) Renewals
    (q) Insignificant Sources
    (r) Insignificant Sources: Emission Rate Basis
    (s) Insignificant Sources: Category Basis
    (t) Insignificance Sources: Size or Production Rate Basis
    (u) Insignificant Sources: Case-by-Case Basis
    (v) Administratively Insignificant Sources
18 AAC 50.340. Operating Permits: Review and Issuance (effective 1/
18/97)
    (a) Review for Completeness
    (b) Evaluation of Complete Applications
    (c) Expiration of Application Shield
    (d) Preliminary Decision
    (e) Public Comment
    (f) Record of Public Comment
    (g) Final Permit Decision
    (I) Permit Continuity
18 AAC 50.345. Opearting Permits: Standard Conditions (effective 1/
18/97)
18 AAC 50.350. Operating Permits: Content (effective 1/18/97)
    (a) Purpose of Section
    (b) Standard Requirements
    (c) Fee Information
    (d) Source-Specific Permit Requirements
    (e) Facility-Wide Permit Requirements
    (f) Other Requirements
    (g) Monitoring Requirements
    (h) Records
    (i) Reporting Requirements
    (j) Compliance Certification
    (k) Compliance Plan and Schedule
    (l) Permit Shield
18 AAC 50.355. Operating Permits: Changes to a Permitted Facility 
(effective 1/18/97)
18 AAC 50.360. Operating Permits: Facility Changes that Violate a 
Permit Condition (effective 1/18/97)
18 AAC 50.365. Operating Permits: Facility Changes that do not 
Violate a Permit Condition (effective 1/18/97)
18 AAC 50.370. Operating Permits: Administrative Revisions 
(effective 1/18/97)
18 AAC 50.375. Operating Permits: Minor and Significant Permit 
Revisions (effective 1/18/97)
18 AAC 50.380. General Operating Permits (effective 1/18/97)

Article 4. User Fees

18 AAC 50.400. Permit Administration Fees (effective 1/18/97)
18 AAC 50.410. Emission Fees (effective 1/18/97)
18 AAC 50.420. Billing Procedures (effective 1/18/97)

Article 9. General Provisions

18 AAC 50.910. Establishing Level of Actual Emissions (effective 1/
18/97)
18 AAC 50.990. Definitions (effective 1/18/97)
* * * * *
[FR Doc. 97-20469 Filed 8-1-97; 8:45 am]
BILLING CODE 6560-50-P