Approval and Promulgation of Implementation Plans; Alaska: Infrastructure Requirements for the 2010 Nitrogen Dioxide and 2010 Sulfur Dioxide Standards, 22081-22083 [2017-09533]
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Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations
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 CAA; 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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where 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 as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
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 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 11, 2017. 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. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
VerDate Sep<11>2014
16:29 May 11, 2017
Jkt 241001
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
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, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: March 15, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart L—Georgia
§ 52.570
[Amended]
2. Amend § 52.570(c) by removing the
entry for ‘‘391–3–1–.02(2)(ooo).’’
■
[FR Doc. 2017–09493 Filed 5–11–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2016–0133; FRL–9961–93–
Region 10]
22081
requirements for the 2010 nitrogen
dioxide (NO2) and 2010 sulfur dioxide
(SO2) NAAQS.
This final rule is effective June
12, 2017.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2016–0133. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information may not be publicly
available, i.e., Confidential Business
Information or other information the
disclosure of which is restricted by
statute. Certain other material, such as
copyrighted material, is not placed on
the Internet and is publicly available
only in hard copy form. Publicly
available docket materials are available
at https://www.regulations.gov or at EPA
Region 10, Office of Air and Waste, 1200
Sixth Avenue, Seattle, Washington
98101. The EPA requests that you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
below, to schedule your inspection. The
Regional Office’s official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding federal
holidays.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Kristin Hall, Air Planning Unit, Office of
Air and Waste (OAW–150),
Environmental Protection Agency—
Region 10, 1200 Sixth Ave., Seattle, WA
98101; telephone number: (206) 553–
6357; email address: hall.kristin@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
Approval and Promulgation of
Implementation Plans; Alaska:
Infrastructure Requirements for the
2010 Nitrogen Dioxide and 2010 Sulfur
Dioxide Standards
Table of Contents
AGENCY:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
I. Background
Whenever a new or revised
National Ambient Air Quality Standard
(NAAQS) is promulgated, each state
must submit a plan for the
implementation, maintenance and
enforcement of such standard—
commonly referred to as infrastructure
requirements. The Environmental
Protection Agency (EPA) is approving
the May 12, 2015 Alaska State
Implementation Plan (SIP) submission
as meeting the infrastructure
On May 12, 2015, Alaska submitted a
SIP to meet the infrastructure
requirements of Clean Air Act (CAA)
sections 110(a)(1) and (2) for the 2010
NO2 and 2010 SO2 NAAQS. On July 20,
2016, the EPA proposed to approve the
submission as meeting certain
infrastructure requirements (81 FR
47103). Please see our proposed
rulemaking for further explanation and
the basis for our finding. The public
comment period for this proposal ended
on August 19, 2016. We received one
comment, from Robert Ukeiley.
SUMMARY:
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
I. Background
II. Response to Comment
III. Final Action
IV. Statutory and Executive Orders Review
E:\FR\FM\12MYR1.SGM
12MYR1
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22082
Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations
II. Response to Comment
Comment: The ‘‘EPA must disapprove
110(a)(2)(C) because the Alaska SIP does
not require that minor sources cannot
obtain a minor source permit if they will
cause or contribute to a violation of any
of the current NAAQS. Furthermore, for
some pollutants, the Alaska SIP has
thresholds below which sources do not
have to demonstrate that they will not
cause or contribute to a violation of that
NAAQS. However, there is no evidence
that sources below these thresholds
cannot cause or contribute to a NAAQS
violation. Rather, these thresholds are
arbitrary numbers.’’
Response: The EPA agrees that CAA
section 110(a)(2)(C) and the minor new
source review regulations at 40 CFR
51.160 through 51.164 require SIPs to
include procedures by which the state
or local agency responsible for final
decision-making on an application or
approval to construct or modify will
prevent such construction or
modification if it will interfere with the
attainment or maintenance of a national
standard or if it will result in a violation
of applicable portions of the control
strategy. See 40 CFR 51.160(b). The EPA
explained its approach to reviewing the
minor source element of CAA section
110(a)(2)(C) in its proposed rulemaking
for this action: ‘‘Thus, the EPA evaluates
whether the state has an EPA-approved
minor new source review program and
whether the program addresses the
pollutants relevant to that NAAQS. In
the context of acting on an
infrastructure SIP submission, however,
the EPA does not think it is necessary
to conduct a review of each and every
provision of a state’s existing minor
source program (i.e., already in the
existing SIP) for compliance with the
requirements of the CAA and the EPA’s
regulations that pertain to such
programs.’’ See 81 FR 47103 at 47106
(July 20, 2016).
In its 2010 NO2 and 2010 SO2 NAAQS
infrastructure SIP submission, Alaska
certified that its SIP contains provisions
to address the CAA section 110(a)(2)(C)
requirements regarding new minor
sources and modifications in Article 5
(minor permits) of Alaska’s air quality
control regulations set forth at 18 AAC
50. Alaska’s SIP-approved minor new
source review program addresses
NAAQS pollutants, including NO2 and
SO2. The commenter objects to these
SIP-approved rules for two reasons.
First, the commenter asserts that the
rules do not address the noninterference component for the minor
new source/minor modification
permitting element. However, we
disagree with the commenter. Alaska’s
VerDate Sep<11>2014
16:29 May 11, 2017
Jkt 241001
SIP-approved rules include provisions
to deny a minor new source
construction/modification permit if the
source at issue will result in a violation
of an ambient air quality standard. See
18 AAC 542(f) Approval Criteria.
The commenter also objects to these
SIP-approved rules because they
include emissions thresholds below
which a minor new source review
permit may not be required. See 18 AAC
50.502. We agree with the commenter
that Alaska’s rules do include emissions
thresholds for both new sources and
modifications with respect to certain
pollutants, including NO2 and SO2,
below which minor new source review
permits may not be required. The EPA’s
requirements for SIP-approved minor
new source review programs do not
require a state to permit each and every
stationary source no matter how small,
but rather require that a state
specifically identify the types and sizes
of facilities that will be subject to
review. See 40 CFR 51.160(e). We have
previously found that Alaska’s current
program meets all minor new source
review permitting requirements set forth
at 40 CFR 51.160 through 40 CFR
51.164, including this requirement
(September 19, 2014; 79 FR 56268).
Therefore, we are finalizing our action.
III. Final Action
The EPA is approving the May 12,
2015 Alaska SIP submission as meeting
the following CAA section 110(a)(2)
infrastructure elements for the 2010 NO2
and 2010 SO2 NAAQS: (A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M). We note that the May 12,
2015 submission also included revisions
to Alaska’s transportation conformity
regulations, approved on September 8,
2015 (80 FR 53735), and updates to
general air quality and permitting
regulations, approved on May 19, 2016
(81 FR 31511).
IV. Statutory and Executive Orders
Review
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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);
• 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
this action does not involve technical
standards; 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).
In addition, 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 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
E:\FR\FM\12MYR1.SGM
12MYR1
22083
Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under CAA section 307(b)(1),
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 11, 2017. 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 CAA
section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 11, 2017.
Michelle L. Pirzadeh,
Acting 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
Subpart C—Alaska
2. In § 52.70, the table in paragraph (e)
is amended by:
■ a. Revising the entry for ‘‘CAA Section
110 Infrastructure Certification
Documentation and Supporting
Documents’’; and
■ b. Adding two entries at the end of the
table for ‘‘110(a)(2) Infrastructure
Requirements—2010 NO2 NAAQS’’ and
‘‘110(a)(2) Infrastructure
Requirements—2010 SO2 NAAQS’’.
The revision and additions read as
follows:
■
§ 52.70
1. The authority citation for part 52
continues to read as follows:
■
*
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED ALASKA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
*
Applicable
geographic or
non-attainment
area
State
submittal
date
*
Name of SIP provision
*
EPA approval date
*
Comments
*
*
*
*
*
*
*
*
*
State of Alaska Air Quality Control Plan: Volume III. Appendices
Section II State Air Quality Control Program
*
CAA Section 110 Infrastructure Certification
Documentation and
Supporting Documents.
*
*
Statewide ..........
*
*
5/12/15
*
5/12/17, [Insert Federal
Register citation].
*
*
Section 110(a)(2) Infrastructure and Interstate Transport
*
110(a)(2) Infrastructure
Requirements—2010
NO2 NAAQS.
*
Statewide ..........
110(a)(2) Infrastructure
Requirements—2010
SO2 NAAQS.
Statewide ..........
[FR Doc. 2017–09533 Filed 5–11–17; 8:45 am]
BILLING CODE 6560–50–P
*
5/12/15
5/12/15
*
5/12/17, [Insert Federal
Register citation].
5/12/17, [Insert Federal
Register citation].
*
Approves SIP
110(a)(2)(A),
(G), (H), (J),
NAAQS.
Approves SIP
110(a)(2)(A),
(G), (H), (J),
NAAQS.
ENVIRONMENTAL PROTECTION
AGENCY
mstockstill on DSK30JT082PROD with RULES
[EPA–R10–OAR–2016–0584; FRL–9960–43–
Region 10]
Air Plan Approval; ID, Updates to
Incorporations by Reference
Environmental Protection
Agency (EPA).
AGENCY:
16:29 May 11, 2017
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PO 00000
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Fmt 4700
for purposes of CAA sections
(B), (C), (D)(i)(II), (D)(ii), (E), (F),
(K), (L), and (M) for the 2010 SO2
Direct final rule.
The Environmental Protection
Agency (EPA) is taking direct final
action to approve, and incorporate by
reference, portions of Idaho’s April 28,
2016, State Implementation Plan
submittal (SIP submittal) that update the
incorporation by reference of federal air
quality regulations. We note that this
action does not address the changes
SUMMARY:
40 CFR Part 52
VerDate Sep<11>2014
ACTION:
*
*
for purposes of CAA sections
(B), (C), (D)(i)(II), (D)(ii), (E), (F),
(K), (L), and (M) for the 2010 NO2
Sfmt 4700
E:\FR\FM\12MYR1.SGM
12MYR1
]]>Agencies
[Federal Register Volume 82, Number 91 (Friday, May 12, 2017)]
[Rules and Regulations]
[Pages 22081-22083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09533]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2016-0133; FRL-9961-93-Region 10]
Approval and Promulgation of Implementation Plans; Alaska:
Infrastructure Requirements for the 2010 Nitrogen Dioxide and 2010
Sulfur Dioxide Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Whenever a new or revised National Ambient Air Quality
Standard (NAAQS) is promulgated, each state must submit a plan for the
implementation, maintenance and enforcement of such standard--commonly
referred to as infrastructure requirements. The Environmental
Protection Agency (EPA) is approving the May 12, 2015 Alaska State
Implementation Plan (SIP) submission as meeting the infrastructure
requirements for the 2010 nitrogen dioxide (NO2) and 2010
sulfur dioxide (SO2) NAAQS.
DATES: This final rule is effective June 12, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2016-0133. All documents in the docket are
listed on the https://www.regulations.gov Web site. Although listed in
the index, some information may not be publicly available, i.e.,
Confidential Business Information or other information the disclosure
of which is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and is publicly
available only in hard copy form. Publicly available docket materials
are available at https://www.regulations.gov or at EPA Region 10,
Office of Air and Waste, 1200 Sixth Avenue, Seattle, Washington 98101.
The EPA requests that you contact the person listed in the FOR FURTHER
INFORMATION CONTACT section below, to schedule your inspection. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Kristin Hall, Air Planning Unit,
Office of Air and Waste (OAW-150), Environmental Protection Agency--
Region 10, 1200 Sixth Ave., Seattle, WA 98101; telephone number: (206)
553-6357; email address: hall.kristin@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
Table of Contents
I. Background
II. Response to Comment
III. Final Action
IV. Statutory and Executive Orders Review
I. Background
On May 12, 2015, Alaska submitted a SIP to meet the infrastructure
requirements of Clean Air Act (CAA) sections 110(a)(1) and (2) for the
2010 NO2 and 2010 SO2 NAAQS. On July 20, 2016,
the EPA proposed to approve the submission as meeting certain
infrastructure requirements (81 FR 47103). Please see our proposed
rulemaking for further explanation and the basis for our finding. The
public comment period for this proposal ended on August 19, 2016. We
received one comment, from Robert Ukeiley.
[[Page 22082]]
II. Response to Comment
Comment: The ``EPA must disapprove 110(a)(2)(C) because the Alaska
SIP does not require that minor sources cannot obtain a minor source
permit if they will cause or contribute to a violation of any of the
current NAAQS. Furthermore, for some pollutants, the Alaska SIP has
thresholds below which sources do not have to demonstrate that they
will not cause or contribute to a violation of that NAAQS. However,
there is no evidence that sources below these thresholds cannot cause
or contribute to a NAAQS violation. Rather, these thresholds are
arbitrary numbers.''
Response: The EPA agrees that CAA section 110(a)(2)(C) and the
minor new source review regulations at 40 CFR 51.160 through 51.164
require SIPs to include procedures by which the state or local agency
responsible for final decision-making on an application or approval to
construct or modify will prevent such construction or modification if
it will interfere with the attainment or maintenance of a national
standard or if it will result in a violation of applicable portions of
the control strategy. See 40 CFR 51.160(b). The EPA explained its
approach to reviewing the minor source element of CAA section
110(a)(2)(C) in its proposed rulemaking for this action: ``Thus, the
EPA evaluates whether the state has an EPA-approved minor new source
review program and whether the program addresses the pollutants
relevant to that NAAQS. In the context of acting on an infrastructure
SIP submission, however, the EPA does not think it is necessary to
conduct a review of each and every provision of a state's existing
minor source program (i.e., already in the existing SIP) for compliance
with the requirements of the CAA and the EPA's regulations that pertain
to such programs.'' See 81 FR 47103 at 47106 (July 20, 2016).
In its 2010 NO2 and 2010 SO2 NAAQS
infrastructure SIP submission, Alaska certified that its SIP contains
provisions to address the CAA section 110(a)(2)(C) requirements
regarding new minor sources and modifications in Article 5 (minor
permits) of Alaska's air quality control regulations set forth at 18
AAC 50. Alaska's SIP-approved minor new source review program addresses
NAAQS pollutants, including NO2 and SO2. The
commenter objects to these SIP-approved rules for two reasons. First,
the commenter asserts that the rules do not address the non-
interference component for the minor new source/minor modification
permitting element. However, we disagree with the commenter. Alaska's
SIP-approved rules include provisions to deny a minor new source
construction/modification permit if the source at issue will result in
a violation of an ambient air quality standard. See 18 AAC 542(f)
Approval Criteria.
The commenter also objects to these SIP-approved rules because they
include emissions thresholds below which a minor new source review
permit may not be required. See 18 AAC 50.502. We agree with the
commenter that Alaska's rules do include emissions thresholds for both
new sources and modifications with respect to certain pollutants,
including NO2 and SO2, below which minor new
source review permits may not be required. The EPA's requirements for
SIP-approved minor new source review programs do not require a state to
permit each and every stationary source no matter how small, but rather
require that a state specifically identify the types and sizes of
facilities that will be subject to review. See 40 CFR 51.160(e). We
have previously found that Alaska's current program meets all minor new
source review permitting requirements set forth at 40 CFR 51.160
through 40 CFR 51.164, including this requirement (September 19, 2014;
79 FR 56268). Therefore, we are finalizing our action.
III. Final Action
The EPA is approving the May 12, 2015 Alaska SIP submission as
meeting the following CAA section 110(a)(2) infrastructure elements for
the 2010 NO2 and 2010 SO2 NAAQS: (A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). We
note that the May 12, 2015 submission also included revisions to
Alaska's transportation conformity regulations, approved on September
8, 2015 (80 FR 53735), and updates to general air quality and
permitting regulations, approved on May 19, 2016 (81 FR 31511).
IV. Statutory and Executive Orders Review
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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);
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);
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 this action does not involve technical standards; 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).
In addition, 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 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
[[Page 22083]]
``major rule'' as defined by 5 U.S.C. 804(2).
Under CAA section 307(b)(1), petitions for judicial review of this
action must be filed in the United States Court of Appeals for the
appropriate circuit by July 11, 2017. 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 CAA section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 11, 2017.
Michelle L. Pirzadeh,
Acting 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:
0
a. Revising the entry for ``CAA Section 110 Infrastructure
Certification Documentation and Supporting Documents''; and
0
b. Adding two entries at the end of the table for ``110(a)(2)
Infrastructure Requirements--2010 NO2 NAAQS'' and
``110(a)(2) Infrastructure Requirements--2010 SO2 NAAQS''.
The revision and additions read as follows:
Sec. 52.70 Identification of plan.
* * * * *
(e) * * *
Epa-Approved Alaska Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable geographic State
Name of SIP provision or non-attainment area submittal date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
State of Alaska Air Quality Control Plan: Volume III. Appendices
----------------------------------------------------------------------------------------------------------------
Section II State Air Quality Control Program
----------------------------------------------------------------------------------------------------------------
* * * * * * *
CAA Section 110 Infrastructure Statewide............. 5/12/15 5/12/17, [Insert
Certification Documentation Federal Register
and Supporting Documents. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 110(a)(2) Infrastructure and Interstate Transport
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(2) Infrastructure Statewide............. 5/12/15 5/12/17, [Insert Approves SIP for
Requirements--2010 NO2 NAAQS. Federal Register purposes of CAA
citation]. sections
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M) for the
2010 NO2 NAAQS.
110(a)(2) Infrastructure Statewide............. 5/12/15 5/12/17, [Insert Approves SIP for
Requirements--2010 SO2 NAAQS. Federal Register purposes of CAA
citation]. sections
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M) for the
2010 SO2 NAAQS.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2017-09533 Filed 5-11-17; 8:45 am]
BILLING CODE 6560-50-P
