# 75 FR 3423: Outer Continental Shelf Air Regulations Consistency Update for Alaska > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-1108 ## Section - **Citation:** 75 FR 3423 - **Heading:** Outer Continental Shelf Air Regulations Consistency Update for Alaska - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Federal Register / Vol. 75 / 75 FR 3423 ## Text 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. 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: greaves.natasha@epa.gov ; 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 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: greaves.natasha@epa.gov . 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 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: • 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 nt 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 es 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 ## Nearby sections - [75 FR 81 Special Conditions: Boeing Model 787-8 Airplane; Overhead Flightcrew Rest Compartment Occupiable During Taxi, Take-Off, and Landing](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E9-31116.md) - [75 FR 94 Amendments to the Section 7216 Regulations-Disclosure or Use of Information by Preparers of Returns](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E9-31114.md) - [75 FR 186 Energy Conservation Program: Test Procedures for Walk-In Coolers and Walk-In Freezers](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E9-30884.md) - [75 FR 262 Airworthiness Directives; Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model 382, 382B, 382E, 382F, and 382G Airplanes](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E9-31289.md) - [75 FR 316 Endangered and Threatened Wildlife; 90-Day Finding on a Petition to List the Insular Population of Hawaiian False Killer Whales as an Endangered Species](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E9-31297.md) - [75 FR 1555 National Organic Program; Proposed Amendments to the National List of Allowed and Prohibited Substances (Crops)](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-165.md) - [75 FR 1574 Endangered and Threatened Wildlife and Plants; 12-month Finding on a Petition To Revise Critical Habitat for the Florida Manatee (Trichechus manatus latirostris)](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-325.md) - [75 FR 1731 Airworthiness Directives; Sicma Aero Seat 9140, 9166, 9173, 9174, 9184, 9188, 9196, 91B7, 91B8, 91C0, 91C2, 91C3, 91C4, 91C5, and 9301 Series Passenger Seat Assemblies; and Sicma Aero Seat 9501311-05, 9501301-06, 9501311-15, 9501301-16, 9501441-30, 9501441-33, 9501311-55, 9501301-56, 9501441-83, 9501441-95, 9501311-97, and 9501301-98 Passenger Seat Assemblies; Installed on Various Transport Category Airplanes](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-484.md) - [75 FR 2466 State Highway-Rail Grade Crossing Action Plans](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-684.md) - [75 FR 2821 Personnel Records](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-809.md) - [75 FR 3182 Intake Screening](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-878.md) - [75 FR 3434 Fisheries of the Northeastern United States; Northeast Skate Complex Fishery; Amendment 3](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-1084.md) - [75 FR 3666 Basis Reporting by Securities Brokers and Basis Determination for Stock; Correction](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-1122.md) - [75 FR 3668 Conditional Approval and Promulgation of State Implementation Plans; Ohio; Carbon Monoxide and Volatile Organic Compounds](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-1223.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-1108. Check the current official text before relying on it. Not legal advice.