[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Rules and Regulations]
[Pages 29449-29450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13451]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2016-0590; FRL-9979-87--Region 10]
Air Plan Approval; AK; Interstate Transport Requirements for the
2010 Nitrogen Dioxide and Sulfur Dioxide National Ambient Air Quality
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving the
State Implementation Plan (SIP) submittal from the Alaska Department of
Environmental Conservation (Alaska DEC) demonstrating that the SIP
meets certain interstate transport requirements of the Clean Air Act
(CAA) for the National Ambient Air Quality Standards (NAAQS)
promulgated in 2010 for nitrogen dioxide (NO2) and sulfur
dioxide (SO2). The EPA has determined that Alaska's SIP
contains adequate provisions to ensure that air emissions in Alaska do
not significantly contribute to nonattainment or interfere with the
maintenance of the 2010 NO2 and SO2 NAAQS in any
other state.
DATES: This final rule is effective July 25, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2016-0590. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through https://www.regulations.gov, or please contact the person identified in the For
Further Information Contact section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: John Chi at (206) 553-1185, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
Information is organized as follows:
Table of Contents
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
On April 23, 2018, the EPA proposed to approve Alaska's March 10,
2016, SIP submission as meeting CAA section 110(a)(2)(D)(i)(I)
interstate transport provisions for the 2010 NO2 and 2010
SO2 NAAQS (83 FR 17627). Please see our proposed rulemaking
for further explanation and the basis for our finding (April 23, 2018,
83 FR 17627).
The public comment period for the EPA's proposed action ended on
May 23, 2018. We received no adverse comments. There were four
electronic comments submitted through https://www.regulations.gov. We
reviewed the comments and we have determined that none are germane to
this action. Therefore, we are finalizing our action as proposed.
II. Final Action
The EPA is approving Alaska's March 10, 2016, SIP submission as
demonstrating sources in Alaska do not significantly contribute to
nonattainment, or interfere with maintenance, of the 2010
NO2 and SO2 NAAQS in any other state. Based on
our review, we find the Alaska SIP meets the CAA section
110(a)(2)(D)(i)(I) interstate transport requirements for the 2010
NO2 and SO2 NAAQS.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
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);
[[Page 29450]]
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 the 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).
The SIP is not approved to apply on any Indian reservation land or in
any other area where the EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and it will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
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. The EPA will submit a report containing this action 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 action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 24, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor 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 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Reporting and
recordkeeping requirements, Sulfur dioxide.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 14, 2018.
Chris Hladick,
Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Alaska
0
2. In Sec. 52.70, the table in paragraph (e) is amended by adding an
entry for ``Interstate Transport Requirements--2010 NO2 and
2010 SO2 NAAQS'' after the entry for ``Infrastructure
Requirements--2010 SO2 NAAQS'' to read as follows:
Sec. 52.70 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Alaska Nonregulatory Provisions and Quasi-Regulatory Measures
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Applicable geographic
Name of SIP provision or non-attainment State EPA approval date Explanations
area submittal date
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* * * * * * *
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State of Alaska Air Quality Control Plan: Volume III. Appendices
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* * * * * * *
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Infrastructure and Interstate Transport
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* * * * * * *
Interstate Transport Statewide............. 3/10/2016 6/25/2018, [Insert Approves SIP for
Requirements--2010 NO2 and 2010 Federal Register purposes of CAA
SO2 NAAQS. citation]. section
110(a)(2)(D)(i)(I
) for the 2010
NO2 and 2010 SO2
NAAQS.
* * * * * * *
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[FR Doc. 2018-13451 Filed 6-22-18; 8:45 am]
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