3392 Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Rules and Regulations 

Table 4. Particulate Matter Standards for 

Incinerators 

18 AAC 50.055. Industrial Processes and 

Fuel-Burning Equipment (effective 

07/25/2008) except (a)(3) through (a)(9), 

(b)(2)(A), (b)(4) through (b)(6), (e) and (f) 

18 AAC 50.065. Open Burning (effective 

01/18/1997) 

18 AAC 50.070. Marine Vessel Visible 

Emission Standards (effective 06/21/ 

1998) 

18 AAC 50.075. Wood-Fired Heating Device 

Visible Emission Standards (effective 

01/18/1997) 

18 AAC 50.080. Ice Fog Standards (effective 

01/18/1997) 

18 AAC 50.085. Volatile Liquid Storage Tank 

Emission Standards (effective 01/18/ 

1997) 

18 AAC 50.090. Volatile Liquid Loading 

Racks and Delivery Tank Emission 

Standards (effective 07/25/2008) 

18 AAC 50.100. Nonroad Engines (effective 

10/01/2004) 

18 AAC 50.110. Air Pollution Prohibited 

(effective 05/26/1972) 

Article 2. Program Administration 

18 AAC 50.200. Information Requests 

(effective 10/01/2004) 

18 AAC 50.201. Ambient Air Quality 

Investigation (effective 10/01/2004) 

18 AAC 50.205. Certification (effective 10/01/ 

2004) 

18 AAC 50.215. Ambient Air Quality 

Analysis Methods (effective 07/25/2008) 

Table 5. Significant Impact Levels (SILs) 

18 AAC 50.220. Enforceable Test Methods 

(effective 10/01/2004) 

18 AAC 50.225. Owner-Requested Limits 

(effective 07/25/2008) except (c) through 

(g) 

18 AAC 50.230. Preapproved Emission 

Limits (effective 01/29/2005) except (d) 

18 AAC 50.235. Unavoidable Emergencies 

and Malfunctions (effective 10/01/2004) 

18 AAC 50.240. Excess Emissions (effective 

10/01/2004) 

18 AAC 50.245. Air Episodes and Advisories 

(effective 10/01/2004) 

Table 6. Concentrations Triggering an Air 

Episode 

18 AAC 50.260. Guidance for Best Available 

Retrofit Technology under the Regional 

Haze Rule (effective 12/30/2007) 

Article 3. Major Stationary Source Permits 

18 AAC 50.301. Permit Continuity (effective 

10/01/2004) except (b) 

18 AAC 50.302. Construction Permits 

(effective 10/01/2004) 

18 AAC 50.306. Prevention of Significant 

Deterioration (PSD) Permits (effective 

07/25/2008) except (c)(2) and (e) 

18 AAC 50.311. Nonattainment Area Major 

Stationary Source Permits (effective 

10/01/2004) except (c) 

18 AAC 50.316. Preconstruction Review for 

Construction or Reconstruction of a 

Major Source of Hazardous Air 

Pollutants (effective 12/01/2004) except 

(c) 

18 AAC 50.321. Case-By-Case Maximum 

Achievable Control Technology 

(effective 12/01/2004) 

18 AAC 50.326. Title V Operating Permits 

(effective12/01/2004) except (c)(1), (h), 

(i)(3), (j)(5), (j)(6), (k)(1)(k)(3), (k)(5), and 

(k)(6) 

18 AAC 50.345. Construction, Minor and 

Operating Permits: Standard Permit 

Conditions (effective 11/09/2008) 

18 AAC 50.346. Construction and Operating 

Permits: Other Permit Conditions 

(effective 11/09/2008) 

Table 7. Standard Operating Permit 

Condition 

Article 4. User Fees 

18 AAC 50.400. Permit Administration Fees 

(effective 07/25/2008) except (c)(1) 

through (c)(3), (c)(6), (k)(3) and (m)(3) 

18 AAC 50.403. Negotiated Service 

Agreements (effective 12/03/2005) 

18 AAC 50.405. Transition Process for Permit 

Fees (effective 01/29/2005) 

18 AAC 50.499. Definition for User Fee 

Requirements (effective 01/29/2005) 

Article 5. Minor Permits 

18 AAC 50.502. Minor Permits for Air 

Quality Protection (effective 07/25/2008) 

except (b)(1) through (b)(3), (b)(5), (d)(1) 

and (d)(2) 

18 AAC 50.508. Minor Permits Requested by 

the Owner or Operator (effective 07/25/ 

2008) 

18 AAC 50.509. Construction of a Pollution 

Control Project Without a Permit 

(effective 07/25/2008) 

18 AAC 50.540. Minor Permit: Application 

(effective 07/25/2008) 

18 AAC 50.542. Minor Permit: Review and 

Issuance (effective 07/25/2008) except 

(a), (b)(1), (b)(2), (b)(4), (b)(5), and (d) 

18 AAC 50.544. Minor Permits: Content 

(effective 11/09/2008) 

18 AAC 50.546. Minor Permits: Revisions 

(effective 07/25/2008) 

18 AAC 50.560. General Minor Permits 

(effective 10/01/2004) except (b) 

Article 9. General Provisions 

18 AAC 50.990. Definitions (effective 07/25/ 

2008) 

* * * * * 

[FR Doc. 2010–1110 Filed 1–20–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R10–OAR–2009–0799; FRL–9095–8] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

Alaska 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to include in the regulations the 

revised applicability dates in the 

emissions user fees provision in 18 AAC 

50.410. Requirements applying to Outer 

Continental Shelf (‘‘OCS’’) sources 

located within 25 miles of States’ 

seaward boundaries must be updated 

periodically to remain consistent with 

the emission user fee requirements of 

the corresponding onshore area 

(‘‘COA’’), as mandated by section 

328(a)(1) of the Clean Air Act (‘‘the 

Act’’). The portion of the OCS air 

regulations that is being updated 

pertains to the requirements for OCS 

sources operating off of the State of 

Alaska. The intended effect of 

approving the OCS requirements for the 

State of Alaska is to regulate emissions 

from OCS sources in a manner 

consistent with the requirements 

onshore. The change to the existing 

requirements discussed below is 

incorporated by reference into the 

regulations and is listed in the appendix 

to the OCS air regulations. 

DATES: Effective Date: This direct final 

rule will be effective March 22, 2010, 

without further notice, unless EPA 

receives adverse comment by February 

22, 2010. If adverse comment is 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

This incorporation by reference of 

certain publications listed in this rule is 

approved by the Director of the Federal 

Register as of March 22, 2010. 

ADDRESSES: Submit your comments on 

the direct final portion of this action, 

identified by Docket ID No. EPA–R10– 

OAR–2009–0799, by any of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: greaves.natasha@epa.gov. 

• Mail: Natasha Greaves, EPA Region 

10, Office of Air, Waste and Toxics, 

Mail Stop AWT–107, 1200 Sixth 

Avenue, Suite 900, Seattle WA, 98101. 

• Hand Delivery/Courier: EPA Region 

10, 1200 Sixth Avenue, Suite 900, 

Seattle WA, 98101. Attention: Natasha 

Greaves, Office of Air, Waste and 

Toxics, AWT—107. Such deliveries are 

only accepted during normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2009– 

0799. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Rules and Regulations 3393 

1The 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. 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

EPA has established a docket for the 

direct final action under Docket ID No. 

EPA–R10–OAR–2009–0799. The index 

to the docket is available electronically 

at http://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 INFROMATION 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; email address: greaves.natasha@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the U.S. 

EPA. Organization of this document: 

The following outline is provided to aid 

in locating information in this preamble 

Table of Contents 

I. Background Information 

II. EPA Action 

III. Administrative Requirements 

I. Background Information 

On September 4, 1992, EPA 

promulgated 40 CFR part 55,1 which 

established requirements to control air 

pollution from OCS sources in order to 

attain and maintain Federal and State 

ambient air quality standards and to 

comply with the provisions of part C of 

title I of the Act. Part 55 applies to all 

OCS sources offshore of the States 

except those located in the Gulf of 

Mexico west of 87.5 degrees longitude. 

Section 328 of the Act requires that for 

such sources located within 25 miles of 

a State’s seaward boundary, the 

requirements shall be the same as would 

be applicable if the sources were located 

in the COA. Because the OCS 

requirements are based on onshore 

requirements, and onshore requirements 

may change, section 328(a)(1) requires 

that EPA update the OCS requirements 

as necessary to maintain consistency 

with onshore requirements. 

Section 328(a) of the Act requires that 

EPA establish requirements to control 

air pollution from OCS sources located 

within 25 miles of States’ seaward 

boundaries that are the same as onshore 

requirements. To comply with this 

statutory mandate, EPA must 

incorporate applicable onshore rules 

into part 55. This limits EPA’s flexibility 

in deciding which requirements will be 

incorporated into part 55 and prevents 

EPA from making substantive changes 

to the requirements it incorporates. As 

a result, EPA may be incorporating rules 

into part 55 that do not conform to all 

of EPA’s State Implementation Plan 

(‘‘SIP’’) guidance or certain requirements 

of the Act. Consistency updates may 

result in the inclusion of State or local 

rules or regulations into part 55, even 

though the same rules may ultimately be 

disapproved for inclusion as part of the 

SIP. Inclusion in the OCS rule does not 

imply that a rule meets the requirements 

of the Act for SIP approval, nor does it 

imply that the rule will be approved by 

EPA for inclusion in the SIP. 

On March 3, 2009, (74 FR 1980), EPA 

proposed to approve requirements into 

the OCS Air Regulations pertaining to 

the State of Alaska. These requirements 

were promulgated in response to the 

submittal of a Notice of Intent on 

January 9, 2009, by Shell Offshore, Inc. 

of Houston, Texas. Subsequent to EPA’s 

March 3, 2009 proposed changes to 40 

CFR part 55, the State of Alaska adopted 

regulation changes in Title 18, Chapter 

50 of the Alaska Administrative Code 

(‘‘ACC’’). More specifically, as amended 

through June 18, 2009, Alaska revised 

the Air Emission User Fee provision in 

18 AAC 50.410 to extend the date 

through which the current emission fee 

rates apply to stationary sources 

permitted under AS 46.14 from to June 

30, 2009 to June 30, 2010 and clarified 

that the fee applies annually. This direct 

final action relates only to the air 

emission user fee provision in 18 AAC 

50.410. 

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. 

Today EPA is taking direct final 

action to incorporate 18 AAC 50.410 as 

amended through June 18, 2009. This 

direct final rule will be effective March 

22, 2010, without further notices, unless 

EPA receives adverse comment by 

February 22, 2010. If adverse comment 

is received, EPA will publish a timely 

withdrawal of the direct final rule 

incorporating 18 AAC 50.410 as 

amended through June 18, 2009 in the 

Federal Register informing the public 

that the rule will not take effect. 

II. EPA Action 

In this document, EPA takes direct 

final action to incorporate 18 AAC 

50.410, as amended through June 18, 

2009, into 40 CFR part 55. As described 

above, EPA is approving the action 

under section 328(a)(1) of the Act, 42 

U.S.C. 7627. Section 328(a) of the Act 

requires that EPA establish 

requirements to control air pollution 

from OCS sources located within 25 

miles of states’ seaward boundaries that 

are the same as onshore requirements. 

To comply with this statutory mandate, 

EPA incorporates applicable onshore 

rules into part 55 as they exist onshore. 

III. Administrative Requirements 

Under the Clean Air Act, the 

Administrator is required to establish 

requirements to control air pollution 

from OCS sources located within 25 

miles of States’ seaward boundaries that 

are the same as onshore air control 


srobinson on DSKHWCL6B1PROD with RULES
3394 Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Rules and Regulations 

requirements. To comply with this 

statutory mandate, EPA must 

incorporate applicable onshore rules 

into part 55 as they exist onshore. 42 

U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, 

in promulgating OCS consistency 

updates, EPA’s role is to maintain 

consistency between OCS regulations 

and the regulations of onshore areas, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, this 

action simply updates the existing OCS 

requirements to make them consistent 

with requirements onshore, without the 

exercise of policy discretion by EPA. 

For that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because it does not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

nor does it impose substantial direct 

compliance costs on tribal governments, 

nor preempt tribal law. 

Under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq., an agency may not conduct 

or sponsor, and a person is not required 

to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

OMB has approved the information 

collection requirements contained in 40 

CFR part 55 and, by extension, this 

update to the rules, and has assigned 

OMB control number 2060–0249. Notice 

of OMB’s approval of EPA Information 

Collection Request (‘‘ICR’’) No. 1601.07 

was published in the Federal Register 

on February 17, 2009 (74 FR 7432). The 

approval expires January 31, 2012. As 

EPA previously indicated (70 FR 65897– 

65898 (November 1, 2005)), the annual 

public reporting and recordkeeping 

burden for collection of information 

under 40 CFR part 55 is estimated to 

average 549 hours per response, using 

the definition of burden provided in 44 

U.S.C. 3502(2). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air, petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 22, 2010. Filing a 

petition for reconsideration by the 

Administrator of this final action does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2.)) 

List of Subjects in 40 CFR Part 55 

Environmental protection, 

Administrative practice and procedures, 

Air pollution control, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Nitrogen oxides, Outer 

Continental Shelf, Ozone, Particulate 

matter, Permits, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

Dated: December 14, 2009. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

■ 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: 

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: 

§ 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, June 18, 

2009. 

* * * * * 

■ 3. Appendix A to CFR part 55 is 

amended under ‘‘Alaska’’ by revising 

paragraph (a)(1) introductory text and 

by revising the entry for ‘‘18 AAC 

50.410’’ under article 4 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, 

June 18, 2009, Alaska Administrative Code— 

Department of Environmental Conservation. 

The following sections of Title 18, Chapter 

50: 

* * * * * 

Article 4. User Fees 

* * * * * 

18 AAC 50.410. Emission Fees (effective 

06/18/2009). 

* * * * * 

[FR Doc. 2010–1120 Filed 1–20–10; 8:45 am] 

BILLING CODE 6560–50–P 


srobinson on DSKHWCL6B1PROD with RULES