[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