Outer Continental Shelf Air Regulations Consistency Update for Alaska

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

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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

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(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]

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