Approval and Promulgation of Implementation Plans; Alaska; Interstate Transport of Pollution, 60955-60957 [E8-24279]
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Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Rules and Regulations
and the Robert A. Young Federal
Building, Room 2.107F, 1222 Spruce
Street, St. Louis, MO 63103–2832,
between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
If
you have questions on the rule, call
Roger K. Wiebusch, Bridge
Administrator, 314–269–2378. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, 202–366–9826.
CSX
Transportation Inc. requested a
temporary deviation for the Louisville
and Nashville Railroad Drawbridge,
mile 190.4, at Nashville, Tennessee,
across the Cumberland River to close
the bridge to navigation. The Louisville
and Nashville Railroad Drawbridge
currently operates in accordance with
33 CFR 117.5, which states the general
requirement that drawbridges shall open
promptly and fully for the passage of
vessels when a request to open is given
in accordance with the subpart. In order
to meet the bridge owner’s request the
deviation period is 7 a.m. to 7 p.m.,
November 17–20, 2008 for the draw
span to remain in the closed-tonavigation position.
There are no alternate routes for
vessels transiting this section of the
Cumberland River. The bridge has a
vertical clearance of 47 feet above
normal pool in the closed-to-navigation
position. Navigation on the waterway
consists primarily of commercial tows,
barge fleeter, and recreational
watercraft. The majority of vessels can
pass under the bridge in the closed
position. On average there may be no
more than two openings during a week.
This temporary deviation has been
coordinated with waterway users and
no objections were raised.
In accordance with 33 CFR 117.35(e),
the drawbridge shall return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
SUPPLEMENTARY INFORMATION:
Dated: September 30, 2008.
Roger K. Wiebusch,
Bridge Administrator.
[FR Doc. E8–24522 Filed 10–14–08; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2008–0166; FRL–8728–1]
Approval and Promulgation of
Implementation Plans; Alaska;
Interstate Transport of Pollution
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is approving the actions
of the Alaska Department of
Environmental Conservation (ADEC) to
address the provisions of Clean Air Act
section 110(a)(2)(D)(i) for the 8-hour
ozone and PM2.5 National Ambient Air
Quality Standards (NAAQS). These
provisions require each state to submit
a State Implementation Plan (SIP)
revision that prohibits emissions that
adversely affect another state’s air
quality through interstate transport.
ADEC has adequately addressed the four
distinct elements related to the impact
of interstate transport of air pollutants
for the state of Alaska. These include
prohibiting emissions that contribute
significantly to nonattainment of the
NAAQS in another state, interfere with
maintenance of the NAAQS by another
state, interfere with plans in another
state to prevent significant deterioration
of air quality, or interfere with efforts of
another state to protect visibility.
DATES: This direct final rule will be
effective December 15, 2008, without
further notice, unless EPA receives
adverse comment by November 14,
2008. If adverse comment is received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2008–0166, by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail: R10Public_Comments@epa.gov.
C. Mail: Donna Deneen, Office of Air,
Waste and Toxics, AWT–107, EPA,
Region 10, 1200 Sixth Ave., Suite 900,
Seattle, Washington 98101.
D. Hand Delivery or Courier: EPA,
Region 10 Mail Room, 9th Floor, 1200
Sixth Ave., Seattle, Washington 98101.
Attention: Donna Deneen, Office of Air,
Waste and Toxics, AWT–107. Such
deliveries are only accepted during
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
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60955
Instructions: Direct your comments to
Docket ID No. EPA–R10–OAR–2008–
0166. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through https://
www.regulations.gov or e-mail
information that you consider to be CBI
or otherwise protected. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., 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 either electronically in
www.regulations.gov or in hard copy
during normal business hours at the
Office of Air, Waste and Toxics, EPA
Region 10, 1200 Sixth Avenue, Seattle,
Washington 98101.
FOR FURTHER INFORMATION CONTACT:
Donna Deneen at (206) 553–6706, e-mail
address: deneen.donna@epa.gov, fax
number: (206) 553–0110, or the above
EPA Region 10 address.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
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60956
Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Rules and Regulations
EPA. Information is organized as
follows:
Table of Contents:
I. Background of Submittal
II. How Alaska’s Submittal Addresses the
Provisions of Clean Air Act Section
110(a)(2)(D)(i)
III. Statutory and Executive Order Reviews
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I. Background of Submittal
EPA is approving Alaska’s SIP
revisions to address the requirements of
Clean Air Act (CAA) section
110(a)(2)(D)(i). This CAA section
requires each state to submit a SIP that
prohibits emissions that could adversely
affect another state, addressing four key
elements. The SIP must prevent sources
in the state from emitting pollutants in
amounts which will: (1) Contribute
significantly to nonattainment of the
NAAQS in another state, (2) interfere
with maintenance of the NAAQS by
another state, (3) interfere with plans in
another state to prevent significant
deterioration of air quality, or (4)
interfere with efforts of another state to
protect visibility.
EPA issued guidance on August 15,
2006, entitled ‘‘Guidance for State
Implementation Plan (SIP) Submissions
to Meet Current Outstanding
Obligations Under Section
110(a)(2)(D)(i) for the 8-Hour Ozone and
PM2.5 National Ambient Air Quality
Standards,’’ relating to SIP submissions
to meet the requirements of CAA section
110(a)(2)(D)(i). As discussed below,
Alaska’s analyses of its SIP with respect
to the statutory requirements of CAA
section 110(a)(2)(D)(i) are consistent
with the guidance. The discussion
below covers how Alaska has addressed
the four key requirements of CAA
section 110(a)(2)(D)(i).
II. How Alaska’s Submittal Addresses
the Provisions of Clean Air Act Section
110(a)(2)(D)(i)
Alaska addressed the first two
elements of CAA section 110(a)(2)(D)(i)
by providing information supporting the
conclusion that emissions from Alaska
do not significantly contribute to
nonattainment or interfere with
maintenance of the 8-hour ozone and
PM2.5 NAAQS in another state.
Importantly, Alaska’s southernmost
border is separated from the border of
the lower 48 states by over 500 air miles
which means any 8-hour ozone or PM2.5
nonattainment or maintenance area in
another state is more than 500 miles
from the Alaska border. Alaska also
points to aggregate manmade PM22.5 and
ozone levels that are minimal relative to
national levels. A statewide emission
inventory shows that facilities in Alaska
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make up only 0.1 percent of the total
PM2.5 emissions in the United States.
Similarly, precursor emissions to PM2.5
(e.g., sulfur dioxide and nitrogen oxides)
and precursor emissions to ozone (e.g.,
volatile organic compounds and
nitrogen oxides) from facilities in
Alaska make up only from 0.0 to 0.2
percent of United States’ emissions for
those pollutants. The mountainous
terrain of Alaska, with summits along
the state borders that reach more than
5000 feet in height, further provides a
natural topographical barrier for
emissions of Alaska sources. Based on
this information, it is reasonable to
conclude that emissions from Alaska do
not significantly contribute to
nonattainment or interfere with
maintenance of the 8-hour ozone or
PM2.5 NAAQS in another state.
The third element Alaska addressed is
prevention of significant deterioration
(PSD). For 8-hour ozone, the state has
met the obligation by confirming that it
has a fully approved PSD/NSR program.
Alaska’s PSD/NSR program was
approved on February 16, 1995 (60 FR
8943) and more recently on August 14,
2007. 72 FR 45378. The approved
program implements the 8-hour ozone
standard and relevant requirements of
the Phase II ozone implementation rule
as required in 69 FR 23951 (April 30,
2004) and 70 FR 71612 (November 29,
2005). For PM2.5, Alaska’s PSD program
is being implemented in accordance
with EPA’s interim guidance calling for
the use of PM10 as a surrogate for PM2.5
for the purposes of PSD review.
The fourth element Alaska addressed
is protection of visibility. EPA’s regional
haze regulations, 64 FR 35714 (July 1,
1999), require states to submit regional
haze SIPS to EPA by December 17, 2007.
Since states generally have not
submitted their regional haze SIPs,
Alaska indicates that it is not possible
for Alaska to assess its compatibility or
interference with control measures in
another state’s Regional Haze (visibility)
SIP and is working with the Western
Regional Air Partnership to prepare a
SIP to address EPA’s regional haze
regulations.a
Based on this and other information
provided by Alaska in its SIP submittal,
EPA believes the state has sufficiently
demonstrated that emissions from
Alaska do not significantly contribute to
nonattainment or interfere with
a ADEC combined its CAA section 110(a)(2)(d)(i)
SIP revision with revisions to ADEC’s regulations
at 18 AAC 50 relating to Best Available Retrofit
Technology for purposes of public notice and
hearing. In this action, EPA is approving ADEC’s
submittal as it relates to CAA sectin 110(a)(2)(d)(i)
and is taking no actions on the revisions to 18 AAC
50 relating to Best Available Retrofit Technology.
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maintenance of the NAAQS in another
state, or interfere with measures
required to be included in the SIP for
any other State to prevent significant
deterioration of air quality or to protect
visibility. Additional supporting
information can be found in the docket.
III. Statutory and Executive Order
Reviews
Under the Clean Air Act, 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, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
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 Order 12866 (58 FR 51735,
October 4, 1993);
• 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
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).
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In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not 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 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 December 15,
2008. 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, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: October 1, 2008.
Elin D. Miller,
Regional Administrator, Region 10.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
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■
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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Subpart C—Alaska
2. Section 52.97 is added to read as
follows:
■
§ 52.70 Interstate Transport for the 1997 8hour ozone and PM2.5 NAAQS.
On February 7, 2008, the Alaska
Department of Environmental
Conservation submitted a SIP revision
to meet the requirements of Clean Air
Act section 110(a)(2)(D)(i). EPA has
approved this submittal.
[FR Doc. E8–24279 Filed 10–14–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2005–AL–0002–200819;
FRL–8727–7]
Approval and Promulgation of
Implementation Plans: Alabama:
Approval of Revisions to the Visible
Emissions Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is taking final action to
approve revisions to the Visible
Emissions portion of the State
Implementation Plan (SIP) submitted to
EPA by the State of Alabama, via the
Alabama Department of Environmental
Management (ADEM), on September 11,
2003 (the ‘‘2003 ADEM submittal’’), and
amended by a revision submitted to
EPA on August 22, 2008 (the ‘‘2008
ADEM amendment’’). The open burning
portion of the State of Alabama’s 2003
ADEM submittal was previously
approved in a separate action on March
9, 2006 (71 FR 12138) and is not
relevant to this action. These revisions
amend the requirements for units that
are required to operate continuous
opacity monitoring systems (COMS) and
that are not subject to any opacity limits
other than those of the Alabama SIP.
DATES: Effective Date: This rule will be
effective November 14, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2005–AL–0002. All documents in the
docket are listed on the
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, i.e., Confidential
Business Information 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
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60957
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that, if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
Mr.
Joel Huey, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, Region 4, U.S. Environmental
Protection Agency, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9104.
Mr. Huey can also be reached via
electronic mail at huey.joel@epa.gov.
For information regarding the Alabama
SIP, contact Ms. Stacy Harder at the
same address listed above. The
telephone number is (404) 562–9042.
Ms. Harder can also be reached via
electronic mail at harder.stacy@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Is the Background for This Action?
II. What Action Is EPA Taking?
III. Response to Comments
IV. Final Action
V. Statutory and Executive Order Reviews
I. What Is the Background for This
Action?
On September 11, 2003, ADEM
submitted a request for EPA approval of
a SIP submittal containing proposed
revisions to the Visible Emissions
portion of the Alabama SIP, found at
ADEM Administrative Code (AAC)
Chapter 335–3–4–.01, ‘‘Visible
Emissions,’’ and pertaining to sources of
particulate matter (PM) emissions. In an
action published on April 12, 2007 (72
FR 18428), EPA proposed to approve the
proposed revisions contingent upon
Alabama submitting a revised SIP
submittal addressing EPA’s concerns
regarding impacts of the rule changes on
attainment of the National Ambient Air
Quality Standards (NAAQS), as set forth
in 72 FR 18428–18434. EPA’s proposal
notice stated that the State would have
to provide EPA with a revised SIP
submittal consistent with certain
changes described by EPA in our April
12, 2007, notice of proposed
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Agencies
[Federal Register Volume 73, Number 200 (Wednesday, October 15, 2008)]
[Rules and Regulations]
[Pages 60955-60957]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24279]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2008-0166; FRL-8728-1]
Approval and Promulgation of Implementation Plans; Alaska;
Interstate Transport of Pollution
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving the actions of the Alaska Department of
Environmental Conservation (ADEC) to address the provisions of Clean
Air Act section 110(a)(2)(D)(i) for the 8-hour ozone and PM2.5 National
Ambient Air Quality Standards (NAAQS). These provisions require each
state to submit a State Implementation Plan (SIP) revision that
prohibits emissions that adversely affect another state's air quality
through interstate transport. ADEC has adequately addressed the four
distinct elements related to the impact of interstate transport of air
pollutants for the state of Alaska. These include prohibiting emissions
that contribute significantly to nonattainment of the NAAQS in another
state, interfere with maintenance of the NAAQS by another state,
interfere with plans in another state to prevent significant
deterioration of air quality, or interfere with efforts of another
state to protect visibility.
DATES: This direct final rule will be effective December 15, 2008,
without further notice, unless EPA receives adverse comment by November
14, 2008. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2008-0166, by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: R10-Public_Comments@epa.gov.
C. Mail: Donna Deneen, Office of Air, Waste and Toxics, AWT-107,
EPA, Region 10, 1200 Sixth Ave., Suite 900, Seattle, Washington 98101.
D. Hand Delivery or Courier: EPA, Region 10 Mail Room, 9th Floor,
1200 Sixth Ave., Seattle, Washington 98101. Attention: Donna Deneen,
Office of Air, Waste and Toxics, AWT-107. Such deliveries are only
accepted during normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2008-0166. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through https://
www.regulations.gov or e-mail information that you consider to be CBI
or otherwise protected. The https://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 either electronically in www.regulations.gov or
in hard copy during normal business hours at the Office of Air, Waste
and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle, Washington
98101.
FOR FURTHER INFORMATION CONTACT: Donna Deneen at (206) 553-6706, e-mail
address: deneen.donna@epa.gov, fax number: (206) 553-0110, or the above
EPA Region 10 address.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean
[[Page 60956]]
EPA. Information is organized as follows:
Table of Contents:
I. Background of Submittal
II. How Alaska's Submittal Addresses the Provisions of Clean Air Act
Section 110(a)(2)(D)(i)
III. Statutory and Executive Order Reviews
I. Background of Submittal
EPA is approving Alaska's SIP revisions to address the requirements
of Clean Air Act (CAA) section 110(a)(2)(D)(i). This CAA section
requires each state to submit a SIP that prohibits emissions that could
adversely affect another state, addressing four key elements. The SIP
must prevent sources in the state from emitting pollutants in amounts
which will: (1) Contribute significantly to nonattainment of the NAAQS
in another state, (2) interfere with maintenance of the NAAQS by
another state, (3) interfere with plans in another state to prevent
significant deterioration of air quality, or (4) interfere with efforts
of another state to protect visibility.
EPA issued guidance on August 15, 2006, entitled ``Guidance for
State Implementation Plan (SIP) Submissions to Meet Current Outstanding
Obligations Under Section 110(a)(2)(D)(i) for the 8-Hour Ozone and
PM2.5 National Ambient Air Quality Standards,'' relating to SIP
submissions to meet the requirements of CAA section 110(a)(2)(D)(i). As
discussed below, Alaska's analyses of its SIP with respect to the
statutory requirements of CAA section 110(a)(2)(D)(i) are consistent
with the guidance. The discussion below covers how Alaska has addressed
the four key requirements of CAA section 110(a)(2)(D)(i).
II. How Alaska's Submittal Addresses the Provisions of Clean Air Act
Section 110(a)(2)(D)(i)
Alaska addressed the first two elements of CAA section
110(a)(2)(D)(i) by providing information supporting the conclusion that
emissions from Alaska do not significantly contribute to nonattainment
or interfere with maintenance of the 8-hour ozone and PM2.5 NAAQS in
another state. Importantly, Alaska's southernmost border is separated
from the border of the lower 48 states by over 500 air miles which
means any 8-hour ozone or PM2.5 nonattainment or maintenance area in
another state is more than 500 miles from the Alaska border. Alaska
also points to aggregate manmade PM22.5 and ozone levels that are
minimal relative to national levels. A statewide emission inventory
shows that facilities in Alaska make up only 0.1 percent of the total
PM2.5 emissions in the United States. Similarly, precursor emissions to
PM2.5 (e.g., sulfur dioxide and nitrogen oxides) and precursor
emissions to ozone (e.g., volatile organic compounds and nitrogen
oxides) from facilities in Alaska make up only from 0.0 to 0.2 percent
of United States' emissions for those pollutants. The mountainous
terrain of Alaska, with summits along the state borders that reach more
than 5000 feet in height, further provides a natural topographical
barrier for emissions of Alaska sources. Based on this information, it
is reasonable to conclude that emissions from Alaska do not
significantly contribute to nonattainment or interfere with maintenance
of the 8-hour ozone or PM2.5 NAAQS in another state.
The third element Alaska addressed is prevention of significant
deterioration (PSD). For 8-hour ozone, the state has met the obligation
by confirming that it has a fully approved PSD/NSR program. Alaska's
PSD/NSR program was approved on February 16, 1995 (60 FR 8943) and more
recently on August 14, 2007. 72 FR 45378. The approved program
implements the 8-hour ozone standard and relevant requirements of the
Phase II ozone implementation rule as required in 69 FR 23951 (April
30, 2004) and 70 FR 71612 (November 29, 2005). For PM2.5, Alaska's PSD
program is being implemented in accordance with EPA's interim guidance
calling for the use of PM10 as a surrogate for PM2.5 for the purposes
of PSD review.
The fourth element Alaska addressed is protection of visibility.
EPA's regional haze regulations, 64 FR 35714 (July 1, 1999), require
states to submit regional haze SIPS to EPA by December 17, 2007. Since
states generally have not submitted their regional haze SIPs, Alaska
indicates that it is not possible for Alaska to assess its
compatibility or interference with control measures in another state's
Regional Haze (visibility) SIP and is working with the Western Regional
Air Partnership to prepare a SIP to address EPA's regional haze
regulations.\a\
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\a\ ADEC combined its CAA section 110(a)(2)(d)(i) SIP revision
with revisions to ADEC's regulations at 18 AAC 50 relating to Best
Available Retrofit Technology for purposes of public notice and
hearing. In this action, EPA is approving ADEC's submittal as it
relates to CAA sectin 110(a)(2)(d)(i) and is taking no actions on
the revisions to 18 AAC 50 relating to Best Available Retrofit
Technology.
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Based on this and other information provided by Alaska in its SIP
submittal, EPA believes the state has sufficiently demonstrated that
emissions from Alaska do not significantly contribute to nonattainment
or interfere with maintenance of the NAAQS in another state, or
interfere with measures required to be included in the SIP for any
other State to prevent significant deterioration of air quality or to
protect visibility. Additional supporting information can be found in
the docket.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, 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, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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 Order
12866 (58 FR 51735, October 4, 1993);
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 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).
[[Page 60957]]
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not 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 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 December 15, 2008. 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, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: October 1, 2008.
Elin D. Miller,
Regional Administrator, Region 10.
0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:
PART 52--[AMENDED]
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. Section 52.97 is added to read as follows:
Sec. 52.70 Interstate Transport for the 1997 8-hour ozone and PM2.5
NAAQS.
On February 7, 2008, the Alaska Department of Environmental
Conservation submitted a SIP revision to meet the requirements of Clean
Air Act section 110(a)(2)(D)(i). EPA has approved this submittal.
[FR Doc. E8-24279 Filed 10-14-08; 8:45 am]
BILLING CODE 6560-50-P