[Federal Register Volume 75, Number 13 (Thursday, January 21, 2010)]
[Proposed Rules]
[Pages 3423-3424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1108]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R10-OAR-2009-0799; FRL-9095-7]


Outer Continental Shelf Air Regulations Consistency Update for 
Alaska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing 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 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 emission user fee 
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: Written comments must be received on or before February 22, 
2010.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R10-OAR-2009-0799, by one of the following methods:
    A. Federal eRulemaking Portal: http://www.regulations.gov: Follow 
the on-line instructions for submitting comments;
    B. E-Mail: <a href="/cdn-cgi/l/email-protection#6f081d0a0e190a1c41010e1b0e1c070e2f0a1f0e41080019"><span class="__cf_email__" data-cfemail="76110413170013055818170217051e173613061758111900">[email protected]</span></a>;
    C. Mail: Natasha Greaves, Federal and Delegated Air Programs Unit, 
U.S. Environmental Protection Agency, Region 10, 1200 Sixth Avenue, 
Suite 900, Mail Stop: AWT-107, Seattle, WA 98101;
    D. Hand Delivery: U.S. Environmental Protection Agency Region 10, 
Attn: Natasha Greaves (AWT-107), 1200 Sixth Avenue, Seattle, Washington 
98101, 9th Floor. Such deliveries are only accepted during normal hours 
of operation, and special arrangements should be made for deliveries of 
boxed information.
    Please see the direct final rule which is located in the Rules 
section of this Federal Register for detailed instructions on how to 
submit comments.

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: <a href="/cdn-cgi/l/email-protection#eb8c998e8a9d8e98c5858a9f8a98838aab8e9b8ac58c849d"><span class="__cf_email__" data-cfemail="197e6b7c786f7c6a3777786d786a7178597c6978377e766f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: For further information, please see the 
direct final action, of the same title, which is located in the Rules 
section of this Federal Register. EPA is incorporating 18 AAC 50.410 as 
amended through June 18, 2009 as a direct final rule without prior 
proposal because EPA views this as noncontroversial and anticipates no 
adverse comments. A detailed rationale for the approval is set forth in 
the preamble to the direct final rule. If EPA receives no adverse 
comments, EPA will not take further action on this proposed rule.
    If EPA receives adverse comments, EPA will withdraw the direct 
final rule and it will not take effect. EPA will address all public 
comments in a subsequent final rule based on this proposed rule. EPA 
will not institute a second comment period on this action. Any parties 
interested in commenting on this action should do so at this time. 
Please note that if we receive adverse comments on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

Administrative Requirements

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

[[Page 3424]]

    <bullet> 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);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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).

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.
[FR Doc. 2010-1108 Filed 1-20-10; 8:45 am]
BILLING CODE 6560-50-P


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