Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Rules and Regulations 3387 

Priority Mail Contract 4 (MC2009– 

5 and CP2009–6) 

Priority Mail Contract 5 (MC2009– 

21 and CP2009–26) 

Priority Mail Contract 6 (MC2009– 

25 and CP2009–30) 

Priority Mail Contract 7 (MC2009– 

25 and CP2009–31) 

Priority Mail Contract 8 (MC2009– 

25 and CP2009–32) 

Priority Mail Contract 9 (MC2009– 

25 and CP2009–33) 

Priority Mail Contract 10 

(MC2009–25 and CP2009–34) 

Priority Mail Contract 11 

(MC2009–27 and CP2009–37) 

Priority Mail Contract 12 

(MC2009–28 and CP2009–38) 

Priority Mail Contract 13 

(MC2009–29 and CP2009–39) 

Priority Mail Contract 14 

(MC2009–30 and CP2009–40) 

Priority Mail Contract 15 

(MC2009–35 and CP2009–54) 

Priority Mail Contract 16 

(MC2009–36 and CP2009–55) 

Priority Mail Contract 17 

(MC2009–37 and CP2009–56) 

Priority Mail Contract 18 

(MC2009–42 and CP2009–63) 

Priority Mail Contract 19 

(MC2010–1 and CP2010–1) 

Priority Mail Contract 20 

(MC2010–2 and CP2010–2) 

Priority Mail Contract 21 

(MC2010–3 and CP2010–3) 

Priority Mail Contract 22 

(MC2010–4 and CP2010–4) 

Priority Mail Contract 23 

(MC2010–9 and CP2010–9) 

Outbound International 

Direct Entry Parcels Contracts 

Direct Entry Parcels 1 

(MC2009–26 and CP2009– 

36) 

Global Direct Contracts (MC2009– 

9, CP2009–10, and CP2009–11) 

Global Expedited Package Services 

(GEPS) Contracts 

GEPS 1 (CP2008–5, CP2008– 

11, CP2008–12, CP2008–13, 

CP2008–18, CP2008–19, 

CP2008–20, CP2008–21, 

CP2008–22, CP2008–23, and 

CP2008–24) 

Global Expedited Package 

Services 2 (CP2009–50) 

Global Plus Contracts 

Global Plus 1 (CP2008–8, 

CP2008–46 and CP2009–47) 

Global Plus 2 (MC2008–7, 

CP2008–48 and CP2008–49) 

Inbound International 

Inbound Direct Entry Contracts 

with Foreign Postal Administrations 

Inbound Direct Entry Contracts with Foreign Postal 

Administrations (MC2008–6, 

CP2008–14 and MC2008–15) 

Inbound Direct Entry Contracts with Foreign Postal 

Administrations 1 (MC2008– 

6 and CP2009–62) 

International Business Reply Service Competitive Contract 1 

(MC2009–14 and CP2009–20) 

Competitive Product Descriptions 

Express Mail 

[Reserved for Group Description] 

Express Mail 

[Reserved for Product Description] 

Outbound International Expedited 

Services 

[Reserved for Product Description] 

Inbound International Expedited 

Services 

[Reserved for Product Description] 

Priority 

[Reserved for Product Description] 

Priority Mail 

[Reserved for Product Description] 

Outbound Priority Mail International 

[Reserved for Product Description] 

Inbound Air Parcel Post 

[Reserved for Product Description] 

Parcel Select 

[Reserved for Group Description] 

Parcel Return Service 

[Reserved for Group Description] 

International 

[Reserved for Group Description] 

International Priority Airlift (IPA) 

[Reserved for Product Description] 

International Surface Airlift (ISAL) 

[Reserved for Prduct Description] 

International Direct Sacks—M– 

Bags 

[Reserved for Product Description] 

Global Customized Shipping Services 

[Reserved for Product Description] 

International Money Transfer Service 

[Reserved for Product Description] 

Inbound Surface Parcel Post (at 

non-UPU rates) 

[Reserved for Product Description] 

International Ancillary Services 

[Reserved for Product Description] 

International Certificate of Mailing 

[Reserved for Product Description] 

International Registered Mail 

[Reserved for Product Description] 

International Return Receipt 

[Reserved for Product Description] 

International Restricted Delivery 

[Reserved for Product Description] 

International Insurance 

[Reserved for Product Description] 

Negotiated Service Agreements 

[Reserved for Group Description] 

Domestic 

[Reserved for Product Description] 

Outbound International 

[Reserved for Group Description] 

Part C—Glossary of Terms and Conditions [Reserved] 

Part D—Country Price Lists for International Mail [Reserved] 

[FR Doc. 2010–1055 Filed 1–20–10; 8:45 am] 

BILLING CODE 7710–FW–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R10–OAR–2009–0111; FRL–9095–9] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

Alaska 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing the update 

of the Outer Continental Shelf (‘‘OCS’’) 

Air Regulations proposed in the Federal 

Register on March 3, 2009. 

Requirements applying to OCS sources 

located within 25 miles of States’ 

seaward boundaries must be updated 

periodically to remain consistent with 

the requirements of the corresponding 

onshore area (‘‘COA’’), as mandated by 

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

(‘‘the Act’’). The portion of the OCS air 

regulations that is being updated 

pertains to the requirements for OCS 

sources operating off of the State of 

Alaska. The intended effect of 

approving the OCS requirements for the 

State of Alaska is to regulate emissions 

from OCS sources in a manner 

consistent with the requirements 

onshore. The change to the existing 

requirements discussed below is 

incorporated by reference into the 

regulations and is listed in the appendix 

to the OCS air regulations. 

DATES: Effective Date: The final rule 

portion of this rulemaking is effective 

on February 22, 2010. 

This incorporation by reference of 

certain publications listed in this rule is 

approved by the Director of the Federal 

Register as of February 22, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2009–0111. The 

index to the docket is available 

electronically at 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 INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Natasha Greaves, Federal and Delegated 


srobinson on DSKHWCL6B1PROD with RULES
3388 Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Rules and Regulations 

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. 

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. Public Comment and EPA Response 

III. EPA Action 

IV. Administrative Requirements 

I. Background Information 

On September 4, 1992, EPA 

promulgated 40 CFR part 55,1 which 

established requirements to control air 

pollution from OCS sources in order to 

attain and maintain Federal and State 

ambient air quality standards and to 

comply with the provisions of part C of 

title I of the Act. Part 55 applies to all 

OCS sources offshore of the States 

except those located in the Gulf of 

Mexico west of 87.5 degrees longitude. 

Section 328 of the Act requires that for 

such sources located within 25 miles of 

a State’s seaward boundary, the 

requirements shall be the same as would 

be applicable if the sources were located 

in the COA. Because the OCS 

requirements are based on onshore 

requirements, and onshore requirements 

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

that EPA update the OCS requirements 

as necessary to maintain consistency 

with onshore requirements. 

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

proposed to approve requirements into 

the OCS Air Regulations pertaining to 

the State of Alaska. These requirements 

are being promulgated in response to 

the submittal of a Notice of Intent on 

January 9, 2009, by Shell Offshore, Inc. 

of Houston, Texas. EPA has evaluated 

the proposed requirements to ensure 

that they are rationally related to the 

attainment or maintenance of Federal or 

State ambient air quality standards or 

part C of title I of the Act, that they are 

not designed expressly to prevent 

exploration and development of the 

OCS, and that they are applicable to 

OCS sources. 40 CFR 55.1. EPA has also 

evaluated the rules to ensure that they 

are not arbitrary or capricious. 40 CFR 

55.12(e). In addition, EPA has excluded 

administrative or procedural rules. 

Section 328(a) of the Act requires that 

EPA establish requirements to control 

air pollution from OCS sources located 

within 25 miles of States’ seaward 

boundaries that are the same as onshore 

requirements. To comply with this 

statutory mandate, EPA must 

incorporate applicable onshore rules 

into part 55. This limits EPA’s flexibility 

in deciding which requirements will be 

incorporated into part 55 and prevents 

EPA from making substantive changes 

to the requirements it incorporates. As 

a result, EPA may be incorporating rules 

into part 55 that do not conform to all 

of EPA’s State Implementation Plan 

(‘‘SIP’’) guidance or certain requirements 

of the Act. Consistency updates may 

result in the inclusion of State or local 

rules or regulations into part 55, even 

though the same rules may ultimately be 

disapproved for inclusion as part of the 

SIP. Inclusion in the OCS rule does not 

imply that a rule meets the requirements 

of the Act for SIP approval, nor does it 

imply that the rule will be approved by 

EPA for inclusion in the SIP. 

II. Public Comment and EPA Response 

EPA’s March 3, 2009, proposed action 

provided a 30-day public comment 

period which closed on April 2, 2009. 

On April 2, 2009, the North Slope 

Borough submitted a summary of 

comments on EPA’s proposed rules and 

also requested an extension of the 

public comment period in order to 

prepare and submit more detailed 

comments. On April 29, 2009, EPA 

reopened the public comment period for 

an additional 14 days. The reopened 

public comment period closed on May 

13, 2009. During this period, we 

received one comment on the proposed 

action. This comment was submitted by 

the North Slope Borough by letter dated 

May 13, 2009. 

Comment: The North Slope Borough 

seeks clarification on how the rules are 

rationally related to attainment or 

maintenance of Federal or State ambient 

air quality standards without data to 

support EPA’s claim. 

Response: EPA is required to perform 

consistency updates to maintain 

consistency with onshore regulations. In 

order to be considered for inclusion in 

the OCS rule, State and local 

requirements must have been formally 

adopted by the regulatory agency. 

Before a rule can apply to an OCS 

source, it must be incorporated into part 

55 by formal rulemaking. EPA 

incorporates those onshore rules that 

comply with the statutory requirements 

of section 328 of the Clean Air Act that 

are rationally related to the attainment 

and maintenance of national or State 

ambient air quality standards and the 

prevention of significant deterioration of 

air quality. EPA must adopt the COA 

rules into part 55 as they exist onshore. 

This prevents EPA from making 

substantive changes to the rules it 

incorporates. In addition, rules 

incorporated cannot be used for the 

purpose or preventing exploration or 

development of the OCS. 

For the proposed rule, EPA reviewed 

the ACC as amended through November 

9, 2008 to identify which rules 

applicable to OCS sources are rationally 

related to the attainment or maintenance 

of Federal or State ambient air quality 

standards. These rules were 

incorporated into part 55. Rules that are 

arbitrary or capricious, administrative or 

procedural, regulate toxics, and/or 

designed to prevent exploration and 

development on the OCS were excluded 

from incorporation. Section 328 of the 

Act requires that the requirements for 

sources located within 25 miles of a 

State’s seaward boundary, shall be the 

same as would be applicable if the 

source were located on the COA. EPA’s 

action specifies the OCS requirements 

that will apply to any OCS source for 

which Alaska is the COA. The intended 

effect of approving the OCS 

requirements is to regulate emissions 

from OCS sources in accordance with 

the requirements onshore; to the extent 

those requirements are applicable to 

OCS sources and as modified by the 

requirements of section 328 and 40 CFR 

part 55. EPA determined that each of the 

Alaska rules proposed to be 

incorporated relate to the regulation of 

criteria pollutants or their precursors 

and therefore are related to the Federal 

or State air quality standards or relate to 

the prevention of significant 

deterioration. For example, this final 

rule includes the State of Alaska 

regulations regarding ambient air 

quality management including other 

provisions regarding major and minor 

stationary source permit, but does not 

include provisions unrelated to OCS 

sources or activities. Because EPA must 

adopt the COA rules into part 55 as they 

exist onshore, EPA does not make 

substantive changes to the rules it 

incorporates. After reviewing Alaska’s 

rules, EPA determined that they are 

rationally related to the attainment or 

maintenance of Federal or State ambient 

air quality standards or part C of title I 

of the Act, that they are not designed 

expressly to prevent exploration and 

development of the OCS and that they 

are applicable to OCS sources. 

Comment: The North Slope Borough 

requested clarification regarding 

changes made to the following AAC 


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Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Rules and Regulations 3389 

provisions, that were proposed to be 

incorporated by reference into part 55: 

18 AAC 50.040 Federal Standards 

Adopted by Reference; 18 AAC 50.055 

Industrial Processes and Fuel-Burning 

Equipment; 18 AAC 50.070 Marine 

Vessel Visible Emission Standards; 18 

AAC 50.260 Best Available Retrofit 

Technology Under Regional Haze Rule; 

18 AAC 50.321 Case-by-Case Maximum 

Achievable Control Technology; 18 

AAC 50.502 Minor Permit for Air 

Quality Protection; and 18 AAC 50.542 

Minor Permit Review and Issuance. 

Response: The Alaska Department of 

Environmental Conservation (‘‘ADEC’’) 

Public Comment Draft dated November 

21, 2007, is a marked-up copy detailing 

the changes it proposed for 18 AAC 

50.040, 18 AAC 50.055, 18 AAC 50.502, 

and 18 AAC 50.542. This document 

entitled, the ‘‘Regulation Hygiene 

Regulations Explanation of Proposed 

Changes’’ identifies changes and rational 

for each change made in the rules. 

These changes include updating 

incorporations by reference; adoption 

clarifications to existing regulations to 

fix typos, incorrect references, and 

internal regulation conflicts; and 

changes to regulations to eliminate 

confusion with or misinterpretations of 

18 AAC 50. ADEC’s proposed rules 

‘‘Regulation Hygiene Regulations 

Explanation of Proposed Changes’’ is 

included in the docket for this EPA 

action. The final changes made to 18 

AAC 50.040, 18 AAC 50.055, 18 AAC 

50.502, and 18 AAC 50.542 were the 

same as explained in the State proposal. 

The amended provisions were 

published in register 187 and were State 

effective on November 25, 2008. 

ADEC’s Public Comment Draft for 

changes made to 18 AAC 50.260 Best 

Available Retrofit Technology Under 

Regional Haze Rule, explains the 

changes the State made to that rule and 

is also part of the docket for this EPA 

action. 

The North Slope Borough also 

requested clarification on changes made 

to 18 AAC 50.070 Marine Vessel Visible 

Emission Standards and 18 AAC 50.321 

Case-by-Case Maximum Achievable 

Control Technology. EPA’s review of 

these standards did not note any 

changes since the last final consistency 

update on February 8, 2007. 18 AAC 

50.070 was last amended on June 21, 

1998 and 18 AAC 50.321 was last 

amended on December 1, 2004. 

Comment: The North Slope Borough 

requested an explanation of each change 

made to part 55, with a rational for each 

change. 

Response: The changes to the 

regulations are explained above. This 

comment requesting that the rational for 

each change be explained is beyond the 

scope of this part 55 consistency update. 

In a consistency update, EPA updates 

part 55 as necessary to maintain 

consistency with the requirements of 

the onshore area in order to attain and 

maintain Federal and State ambient air 

quality standards and comply with part 

C of title I of the Act. EPA adopts the 

applicable COA rules into part 55 as 

they exist onshore and does not make 

substantive changes to the rules it 

incorporates. EPA does not, and is not 

required to, evaluate or consider the 

State’s rational for each change. 

Comment: The North Slope Borough 

requested an explanation as to why 

Executive Order 12898, Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low Income 

Populations, and the potential 

environmental justice implications of 

the proposed action is not discussed. 

Response: This rulemaking action 

implements the legal requirements set 

forth in section 328 of the Act and EPA 

is required to take the action and has no 

discretion to do otherwise. Moreover, 

even if EPA had some legal discretion, 

there is no reason to believe that the 

action would constitute a denial of fair 

treatment or meaningful participation to 

any person such as to have 

environmental justice implications. This 

final rule simply updates the existing 

OCS rules to make them consistent with 

the current COA requirements. The OCS 

rules already apply onshore in the COA 

and there is no evidence to suggest that 

the incorporation of the same rules into 

part 55 will cause any change. In those 

circumstances, there is no need for any 

additional review or analysis under 

Executive Order 12898. 

Comment: The North Slope Borough 

requests clarification on why EPA’s 

action is not significant. 

Response: The consistency update 

simply updates the existing 

requirements for controlling air 

pollution from OCS sources to make 

them consistent with rules in the COA 

as specifically required by section 328 

of the Act. This action does not involve 

the exercise of policy discretion on the 

part of EPA. Therefore, as explained in 

more detail in Section IV below, this 

action is not likely to have the type of 

effect or impact or involve the requisite 

issues to be a significant regulatory 

action within the meaning of Executive 

Order 12866, Regulatory Planning and 

Review. 

Additionally, since the consistency 

update is not a significant regulatory 

action under Executive Order 12866, it 

is not a significant energy action under 

Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use. Even if the 

consistency update were a significant 

regulatory action under Executive Order 

12866, EPA has no reason to believe that 

updating the existing requirements for 

controlling air pollution from OCS to 

make them consistent with rules already 

applied to sources in the COA would be 

‘‘likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy: Within the meaning of section 

4(b)(1)(ii) of Executive Order 13211.’’ 

Therefore, even if the consistency 

update were a significant regulatory 

action under Executive Order 12866, 

which it is not, it would not be a 

significant energy action under 

Executive Order 13211. 

Comment: The North Slope Borough 

wants to know how EPA will comply 

with the National Environmental Policy 

Act (‘‘NEPA’’). 

Response: Congress expressly 

exempted EPA actions under the Act 

from NEPA requirements when it 

passed the Energy Supply and 

Environmental Coordination Act of 

1974 (‘‘ESECA’’). The exemption 

provides: ‘‘No action taken under the 

Act shall be deemed a major Federal 

action significantly affecting the quality 

of the human environment within the 

meaning of National Environmental 

Policy Act * * *’’ (15 U.S.C. 793(c)(1)). 

Since section 328 of the Act requires 

EPA to establish requirements to control 

air pollution from OCS sources, and the 

ESECA exempts action taken under the 

Act from being deemed a major Federal 

action, NEPA requirements do not apply 

to this action. 

Comment: The North Slope Borough 

would like to know how local laws and 

regulations, such as the North Slope 

Borough’s Title 19 are considered in the 

consistency update. 

Response: The North Slope Borough’s 

Title 19 includes rules for the creation 

of the Department of Planning and 

Community Service (Chapter 19.05), 

General Provision (Chapter 19.10), and 

Definitions (Chapter 19.20). The 

Department of Planning and Community 

Service is responsible for administering 

the North Slope Borough’s planning and 

zoning ordinances, the Costal Zone 

Management Plan, and the Barrow 

Zoning Ordinance; ensuring compliance 

with local, State, and Federal law 

regarding land use; providing review 

and comment on development issues; 

providing for a geographical database 

covering the entire North Slope Borough 

including mapping and graphic 

services; gathering information and 

developing a comprehensive capital 

improvement program plans for the 

North Slope Borough; providing 


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3390 Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Rules and Regulations 

teleconferencing facilities; gathering and 

preserving data regarding Inupiat 

history, language, and culture; and 

supporting the Simeon Paneak Museum 

in Anaktuvuk Pass. 

As stated in title 19, the purpose of 

the General Provisions is to: (1) Achieve 

the goals and objectives, and implement 

the policies of, the North Slope Borough 

Comprehensive Plan, including its 

Costal Management Program; (2) ensure 

that the future growth and development 

of the Borough is in accordance with the 

values of its residents; (3) identify and 

secure, for present and future residents, 

the beneficial impacts of development; 

(4) identify and avoid, mitigate, or 

prohibit the negative impacts of 

development; and (5) ensure that future 

development is of the proper type, 

design and location, and is served by a 

proper range of public services and 

facilities. (Chapter 19.10.010) 

After receiving the comment, EPA 

reviewed the North Slope Borough’s 

Title 19 and determined that these rules 

are not related to the attainment or 

maintenance of the Federal or State 

ambient air quality standards or 

necessary to assure compliance with the 

provisions of Part C of subchapter I of 

the Act. Therefore, EPA determined that 

these rules are not appropriate for 

inclusion into part 55. 

Comment: The North Slope Borough 

would like EPA to identify how part 55 

will provide for the consideration of 

greenhouse gases. 

Response: The comment goes beyond 

the scope of this rulemaking. As 

explained above, this rulemaking 

simply updates Part 55 by incorporating 

into those regulations the existing COA 

requirements related to the attainment 

or maintenance of the Federal or State 

ambient air quality standards and the 

standards necessary to assure 

compliance with the provisions of Part 

C of subchapter I of the Act. We take 

this action pursuant to section 328 of 

the Act. We believe we will, through 

this action, have incorporated all of the 

relevant requirements of the COA. 

Comment: The North Slope Borough 

requested that EPA clarify what version 

of the State rules is being adopted into 

40 CFR part 55 Appendix A. 

Response: EPA reviewed the 

applicable dates in Appendix A and 

noted that some of the proposed rules 

contained out-of-date State effective 

dates. These have been corrected and all 

the rules listed in the Appendix now 

reflect current effective dates. A marked 

up copy of the changes are available in 

the docket. 

Comment: The North Slope Borough 

requests that EPA clearly explain how 

the agency will ensure that the 

increments established to prevent 

significant deterioration (‘‘PSD’’) of air 

quality will be protected within 25 

miles of Alaska’s seaward boundary. 

The North Slope Borough specifically 

asks EPA to clarify the applicable 

baseline areas and baseline dates for 

OCS sources nearest Alaska and to 

clearly explain the requirements for new 

and modified OCS sources with respect 

to PSD increment analyses. 

Response: The comment raises 

questions that go beyond the scope of 

this rulemaking. As previously 

explained, the purpose of this 

rulemaking is to update the OCS rules 

applicable to OCS sources located 

within 25 miles of Alaska’s seaward 

boundary so that they remain consistent 

with the onshore rules. Section 328 of 

the Act requires EPA to establish 

requirements to control air pollution 

from OCS sources to attain and maintain 

Federal and State ambient air quality 

standards and to comply with the 

provisions of part C of title I (the 

provisions regarding prevention of 

significant deterioration). For OCS 

sources located within 25 miles of a 

State’s seaward boundaries, these 

requirements are to be the same as 

would be applicable if the source were 

located in the COA. 

EPA has met this requirement by 

incorporating the COA rules into the 

Federal rules for OCS sources, 

specifically into 40 CFR 55.14. In the 

case of the Alaska OCS, these rules 

include, among other things, the State’s 

PSD permitting rule (18 AAC 50.306), 

the State rule that documents the PSD 

baseline areas and baseline dates for the 

COA (18 AAC 50.020) and the 

requirement for a PSD source to 

demonstrate that the allowable 

emissions from the new source or 

modification would not cause or 

contribute to a violation of an applicable 

PSD increment (see 40 CFR 52.21(k)(2)), 

incorporated by reference into ADEC’s 

rules at 18 AAC 50.040(h). This update 

incorporates the current onshore rules 

regarding increment to make them 

consistent with the existing 

requirements in the COA. 

Comment: The North Slope Borough 

also incorporated into its comments a 

letter it had previously sent to the 

Minerals Management Service (‘‘MMS’’) 

regarding the MMS’ air quality analysis 

for the Beaufort Sea and the Chukchi 

Sea Planning Areas Oil and Gas lease 

sales 209, 212, 217 and 221 Draft 

Environmental Impact Statement OCS 

EIS/EA MMS 2008–0055. 

Response: The comments contained 

in the letter to the MMS relate to the 

analysis the MMS conducted on the air 

impacts that could occur as a result of 

the actions authorized under the Draft 

Environmental Impact Statement. These 

comments do not relate to the proposed 

EPA action which is simply to 

incorporate the applicable onshore 

regulations into part 55. These 

comments are therefore beyond the 

scope of this rulemaking. 

III. EPA Action 

In this document, EPA takes final 

action to incorporate the changes 

proposed on March 3, 2009 except for 

18 AAC 50.410 into 40 CFR part 55. 

Subsequent to EPA’s March 3, 2009 

proposed changes to 40 CFR part 55, the 

State of Alaska adopted regulation 

changes in Title 18, Chapter 50 of the 

Alaska Administrative Code (‘‘ACC’’). 

More specifically, as amended through 

June 18, 2009, Alaska revised the Air 

Emission User Fee provision in 18 AAC 

50.410 to extend the date through which 

the current emission fee rates apply to 

stationary sources permitted under AS 

46.14 from to June 30, 2009 to June 30, 

2010 and clarified that the fee applies 

annually. EPA is taking direct final 

action, under Docket ID No. EPA–R10– 

OAR–2009–0799, to incorporate 18 AAC 

50.410 as amended through June 18, 

2009 rather than the version referenced 

on March 3, 2009 proposal, into 40 CFR 

part 55. 

As described above, EPA is approving 

the action under section 328(a)(1) of the 

Act, 42 U.S.C. 7627. Section 328(a) of 

the Act requires that EPA establish 

requirements to control air pollution 

from OCS sources located within 25 

miles of States’ seaward boundaries that 

are the same as onshore requirements. 

To comply with this statutory mandate, 

EPA incorporates applicable onshore 

rules into part 55 as they exist onshore. 

IV. Administrative Requirements 

Under the Clean Air Act, the 

Administrator is required to establish 

requirements to control air pollution 

from OCS sources located within 25 

miles of States’ seaward boundaries that 

are the same as onshore air control 

requirements. To comply with this 

statutory mandate, EPA must 

incorporate applicable onshore rules 

into part 55 as they exist onshore. 42 

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

in promulgating OCS consistency 

updates, EPA’s role is to maintain 

consistency between OCS regulations 

and the regulations of onshore areas, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, this 

action simply updates the existing OCS 

requirements to make them consistent 

with requirements onshore, without the 

exercise of policy discretion by EPA. 

For that reason, this action: 


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• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because it does not 

have a substantial direct effect on one or 

more Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes, 

nor does it impose substantial direct 

compliance costs on Tribal 

governments, nor preempt Tribal law. 

Under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq., an agency may not conduct 

or sponsor, and a person is not required 

to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

OMB has approved the information 

collection requirements contained in 40 

CFR part 55 and, by extension, this 

update to the rules, and has assigned 

OMB control number 2060–0249. Notice 

of OMB’s approval of EPA Information 

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

was published in the Federal Register 

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

approval expires January 31, 2012. As 

EPA previously indicated (70 FR 65897– 

65898 (November 1, 2005)), the annual 

public reporting and recordkeeping 

burden for collection of information 

under 40 CFR part 55 is estimated to 

average 549 hours per response, using 

the definition of burden provided in 44 

U.S.C. 3502(2). 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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

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

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

Air, petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 22, 2010. Filing a 

petition for reconsideration by the 

Administrator of this final action does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 55 

Environmental protection, 

Administrative practice and procedures, 

Air pollution control, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Nitrogen oxides, Outer 

Continental Shelf, Ozone, Particulate 

matter, Permits, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

Dated: December 14, 2009. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

■ 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 Public 

Law 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, November 

9, 2009. 

* * * * * 

■ 3. Appendix A to CFR part 55 is 

amended by revising paragraph (a)(1) 

under the heading ‘‘Alaska’’ to read as 

follows: 

Appendix A to Part 55—Listing of State 

and Local Requirements Incorporated 

by Reference Into Part 55, by State 

* * * * * 

Alaska 

(a) * * * 

(1) The following State of Alaska 

requirements are applicable to OCS Sources, 

November 9, 2009, Alaska Administrative 

Code—Department of Environmental 

Conservation. The following sections of Title 

18, Chapter 50: 

Article 1. Ambient Air Quality Management 

18 AAC 50.005. Purpose and Applicability of 

Chapter (effective 10/01/2004) 

18 AAC 50.010. Ambient Air Quality 

Standards (effective 10/01/2004) 

18 AAC 50.015. Air Quality Designations, 

Classification, and Control Regions 

(effective 10/10/2004) except (d)(2) 

Table 1. Air Quality Classifications 

18 AAC 50.020. Baseline Dates and 

Maximum Allowable Increases (effective 

07/25/2008) 

Table 2. Baseline Dates 

Table 3. Maximum Allowable Increases 

18 AAC 50.025. Visibility and Other Special 

Protection Areas (effective 06/21/1998) 

18 AAC 50.030. State Air Quality Control 

Plan (effective 11/09/2008) 

18 AAC 50.035. Documents, Procedures, and 

Methods Adopted by Reference (effective 

11/09/2008) 

18 AAC 50.040. Federal Standards Adopted 

by Reference (effective 07/25/2008) 

except (a)(H), (a)(I), (a)(N) through (a)(P), 

(a)(R) through (a)(U), (a)(W), (a)(Y), 

(a)(AA), (a)(CC) through (a)(EE), (a)(II), 

(a)(KK), (c)(4), (c)(5), (c)(12), (c)(14) 

through (c)(16), (c)(18), (c)(20), (c)(25), 

(c)(26) through (c)(29), (c)(30), (c)(31) 

and (g) 

18 AAC 50.045. Prohibitions (effective 10/01/ 

2004) 

18 AAC 50.050. Incinerator Emissions 

Standards (effective 07/25/2008) 


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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