[Federal Register Volume 66, Number 41 (Thursday, March 1, 2001)]
[Rules and Regulations]
[Pages 12982-12985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-691]



[[Page 12981]]

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Part III





Environmental Protection Agency





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40 CFR Part 55



Outer Continental Shelf Air Regulations Consistency Update for Alaska; 
Final Rule; Proposed Rule

  Federal Register / Vol. 66, No. 41 / Thursday, March 1, 2001 / Rules 
and Regulations  

[[Page 12982]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[Alaska 001; FRL -6919-3]


Outer Continental Shelf Air Regulations Consistency Update for 
Alaska

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

ACTION: Direct final rule.

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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, as amended in 1990 
(``the Act''). 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 
incorporating the State of Alaska requirements applicable to OCS 
sources in effect as of July 2, 2000, is to regulate emissions from OCS 
sources in accordance with the requirements onshore.

DATES: This direct final rule is effective on April 16, 2001 without 
further notice, unless EPA receives adverse comment by April 2, 2001. 
If adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.
    The incorporation by reference of certain publications listed in 
this rule is approved by the Director of the Federal Register as of 
April 16, 2001.

ADDRESSES: Written comments should be addressed to: Dan Meyer, EPA, 
Office of Air Quality (OAQ-107), 1200 Sixth Avenue, Seattle, WA 98101. 
Copies of 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; and Environmental Protection 
Agency (LE-6102), 401 ``M'' Street, SW., Room M-1500, Washington, DC 
20460.

FOR FURTHER INFORMATION CONTACT: Dan Meyer, Office of Air Quality (OAQ-
107), U.S. EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101, 
Telephone: (206) 553-4150.

SUPPLEMENTARY INFORMATION:

Background

    On September 4, 1992, EPA promulgated the OCS air regulations and 
incorporated into 40 CFR part 55, Appendix A, State of Alaska 
Requirements Applicable to OCS Sources, August 21, 1992. (57 FR 40806) 
The OCS air regulations have been amended a number of times since 
original promulgation. On August 4, 1997, EPA promulgated amendments to 
the OCS air regulations and incorporated State of Alaska Requirements 
Applicable to OCS Sources, January 18, 1997 (62 FR 41870). EPA is today 
promulgating amendments to the OCS air regulations. The amendments 
incorporate the State of Alaska Requirements Applicable to OCS Sources, 
July 2, 2000.
    Pursuant to 40 CFR 55.12(b)(2), EPA is updating its OCS air 
regulations so as to maintain the rule's consistency with the 
corresponding onshore regulations. Since EPA's August 4, 1997, 
rulemaking, the State of Alaska has amended its air quality control 
regulations on several occasions. A number of these regulations are 
represented in the State of Alaska Requirements Applicable to OCS 
Sources, July 2, 2000. Specifically, 18 AAC 50.010, 020, 030, 035, 055, 
070, 215, 225, 230, 235, 300, 325, 335, 345, 350, 365, 370, 375, 380, 
400, and 990 have been revised by the State of Alaska and are now 
updated in the State of Alaska Requirements Applicable to OCS Sources, 
July 2, 2000. In addition, 18 AAC 50.341 and 385 were promulgated by 
the State of Alaska after August 4, 1997. These two provisions are now 
represented in the State of Alaska Requirements Applicable to OCS 
Sources, July 2, 2000. Although not previously included, EPA is today 
incorporating 18 AAC 50.310(n) and 350(m). The construction permit 
provision 18 AAC 50.310(n) requires certain new sources of air 
pollution to demonstrate that the proposed allowable emissions from the 
source will not interfere with attainment or maintenance of the ambient 
air quality standards or maximum allowable ambient concentrations. The 
operating permit provision 18 AAC 50.350(m) contains substantive 
requirements for insignificant sources. Insignificant sources are 
described at 18 AAC 50.335(q).
    Although previously identified as a requirement applicable to OCS 
sources, EPA is today not incorporating 18 AAC 50.300(g) and (h)(11). 
These State of Alaska requirements applicable to certain sources 
located in the Port of Anchorage are not applicable to OCS sources. 
Similarly, EPA is not incorporating 18 AAC 50.340(d), (e), (f), (g), 
and (i) although previously identified as applicable to OCS sources. 
These administrative or procedural requirements applicable to the State 
of Alaska permitting authority are not applicable to OCS sources.
    EPA has evaluated the COA 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 direct final action under section 
328(a)(1) of the Act, 42 U.S.C. 7627, to incorporate State of Alaska 
Requirements Applicable to OCS Sources, July 2, 2000, into 40 CFR part 
55. 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.

Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Order 13045

    Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997), applies to any rule that: (1) is determined to be ``economically 
significant'' as defined under Executive Order 12866, and (2) concerns 
an environmental health or safety risk that EPA has reason to believe 
may have a disproportionate effect on children. If the regulatory 
action meets both criteria, the Agency must evaluate the environmental 
health or safety effects of the planned rule on children, and explain 
why the planned regulation is

[[Page 12983]]

preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

C. Executive Order 13084

    Under Executive Order 13084, Consultation and Coordination with 
Indian Tribal Governments, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation.
    In addition, Executive Order 13084 requires EPA to develop an 
effective process permitting elected and other representatives of 
Indian tribal governments to ``provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities.'' Today's rule does not 
significantly or uniquely affect the communities of Indian tribal 
governments. Accordingly, the requirements of section 3(b) of Executive 
Order 13084 do not apply to this rule.

D. Executive Order 13132

    Executive Order 13132, entitled Federalism (64 FR 43255, August 10, 
1999) revokes and replaces Executive Orders 12612, Federalism and 
12875, Enhancing the Intergovernmental Partnership. Executive Order 
13132 requires EPA to develop and accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in Executive 
Order to include regulations that have ``substantial direct effects on 
the States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government.'' Under Executive Order 13132, EPA may 
not issue a regulation that has federalism implications, that imposes 
substantial direct compliance costs, and that is not required by 
statute, unless the Federal government provides the funds necessary to 
pay the direct compliance costs incurred by State and local 
governments, or EPA consults with State and local officials early in 
the process of developing the proposed regulation. EPA also may not 
issue a regulation that has federalism implications and that preempts 
State law unless the Agency consults with State and local officials 
early in the process of developing the proposed regulation.
    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999), because it merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Act. 
Thus, the requirements of section 6 of the Executive Order do not apply 
to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions.
    This final rule will not have a significant impact on a substantial 
number of small entities because consistency updates under section 
328(a) of the Act do not create any new requirements but simply approve 
requirements that the State is already imposing. Therefore, because the 
consistency update approval does not create any new requirements, I 
certify that this action will not have a significant economic impact on 
a substantial number of small entities.
    Moreover, due to the nature of the Federal-State relationship under 
the Act, preparation of flexibility analysis would constitute Federal 
inquiry into the economic reasonableness of the state action.

F. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
annual cost to State, local, or tribal governments in the aggregate; or 
to private sector, of $100 million or more. Under Section 205, EPA must 
select the most cost-effective and least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that my result in estimated annual costs 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 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

    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 rule is not a ``major'' rule as defined by 5 U.S.C. 
804(2).

H. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available

[[Page 12984]]

and applicable when developing programs and policies unless doing so 
would be inconsistent with applicable law or otherwise impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

I. Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 30, 2001. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review not 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 8, 2000.
Charles E. Findley,
Acting Regional Administrator, Region 10.

    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 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, July 2, 
2000.
* * * * *
    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, July 2, 2000.
    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/
18/1997)
18 AAC 50.010. Ambient Air Quality Standards. (effective 6/21/1998)
18 AAC 50.015. Air Quality Designations, Classifications, And 
Control Regions. (effective 1/18/1997)
    Table 1. Air Quality Classifications
18 AAC 50.020. Baseline Dates, Maximum Allowable Increases, And 
Maximum Allowable Ambient Concentrations. (effective 6/21/1998)
    Table 2. Baseline Dates
    Table 3. Maximum Allowable Increases
18 AAC 50.025. Visibility and Other Special Protection Areas. 
(effective 1/18/1997) (a) [untitled]
18 AAC 50.030. State Air Quality Control Plan. (effective 9/04/1998)
18 AAC 50.035. Documents, Procedures, and Methods Adopted by 
Reference. (effective 7/02/2000)
18 AAC 50.045. Prohibitions. (effective 1/18/1997)
18 AAC 50.050. Incinerator Emission Standards. (effective 1/18/1997)
    Table 4. Particulate Matter Standards for Incinerators
18 AAC 50.055. Industrial Processes and Fuel-burning Equipment. 
(effective 11/04/1999)
18 AAC 50.065. Open Burning. (effective 1/18/1997)
    (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 
6/21/1998)
18 AAC 50.080. Ice Fog Standards. (effective 1/18/1997)
18 AAC 50.100. Nonroad Engines/ (effective 1/18/1997)
18 AAC 50.110. Air Pollution Prohibited. (effective 5/26/1972)

Article 2. Program Administration

18 AAC 50.201. Ambient Air Quality Investigation. (effective 1/18/
1997)
18 AAC 50.205. Certification. (effective 1/18/1997)
18 AAC 50.210. Potential to Emit. (effective 1/18/1997)
18 AAC 50.215. Ambient Air Quality Analysis Methods. (effective 6/
21/1998)
18 AAC 50.220. Enforceable Test Methods. (effective 1/18/1997)
18 AAC 50.225. Owner-requested Limits. (effective 6/21/1998)
18 AAC 50.230. Preapproved Limits. (effective 6/21/1998)
18 AAC 50.235. Unavoidable Emergencies and Malfunctions. (effective 
6/14/1998)
18 AAC 50.240. Excess Emissions. (effective 1/18/1997)

Article 3. Permit Procedures and Requirements

18 AAC 50.300. Construction Permits: Classifications. (effective 6/
21/1998)
(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.
(h) Modifications. (paragraphs 1 through 10)
18 AAC 50.305. Construction Permit Provisions Requested by the Owner 
or Operator. (effective 1/18/97)
18 AAC 50.310. Construction Permits: Application. (effective 1/18/
1997)
    (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.
    (n) Ambient Air Quality Information.
18 AAC 50.320. Construction Permits: Content and Duration. 
(effective 1/18/1997)
18 AAC 50.325. Operating Permits: Classifications. (effective 6/21/
1998)
18 AAC 50.330. Operating Permits: Exemptions. (effective 1/18/1997)
18 AAC 50.335. Operating Permits: Application. (effective 6/21/1998)
    (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.

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    (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/
18/1997)
    (a) Review for Completeness.
    (b) Evaluation of Complete Applications.
    (c) Expiration of Application Shield.
18 AAC 50.341. Operating Permits: Reopenings. (paragraphs a, b, c, 
f, and g) (effective 6/14/1998)
18 AAC 50.345. Operating Permits: Standard Conditions. (effective 6/
21/1998)
18 AAC 50.350. Operating Permits: Content. (effective 6/21/1998)
    (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.
    (m) Insignificant Sources.
18 AAC 50.355. Changes to a Permitted Facility. (effective 1/18/
1997)
18 AAC 50.360. Facility Changes that Violate a Permit Condition. 
(effective 1/18/1997)
18 AAC 50.365. Facility Changes that do not Violate a Permit 
Condition. (effective 6/14/1998)
18 AAC 50.370. Administrative Revisions. (effective 6/14/1998)
18 AAC 50.375. Minor and Significant Permit Revisions. (effective 6/
21/1998)
18 AAC 50.380. General Operating Permits. (effective 6/14/1998)
18 AAC 50.385. Permit-by-rule for Certain Small Storage Tanks. 
(effective 6/21/1998)

Article 4. User Fees

18 AAC 50.400. Permit Administration Fees. (effective 6/21/1998)
18 AAC 50.410. Emission Fees. (effective 1/18/1997)
18 AAC 50.420. Billing Procedures. (effective 1/18/1997)

Article 9. General Provisions

18 AAC 50.910. Establishing Level of Actual Emissions. (effective 1/
18/1997)
18 AAC 50.990. Definitions. (effective 1/01/2000)
* * * * *
[FR Doc. 01-691 Filed 2-28-01; 8:45 am]
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