Approval and Promulgation of Implementation Plans; Alaska, 56268-56274 [2014-22165]

Download as PDF 56268 Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2014–0765] Drawbridge Operation Regulation; Milford Haven Inlet, Hudgins, VA Coast Guard, DHS. Notice of temporary deviation from drawbridge regulations. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the State Route 223 Bridge (Gwynn’s Island) across the Milford Haven Inlet, mile 0.1, at Hudgins, VA. This deviation allows the bridge to remain in the closed-tonavigation position to facilitate rehabilitation efforts. The bridge will open to navigation for a period not to exceed two hours once every seven days. DATES: This deviation is effective from 7 a.m., on October 1, 2014 to 7 a.m., on November 1, 2014. ADDRESSES: The docket for this deviation, [USCG–2014–0765] is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this deviation. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Mrs. Jessica Shea, Bridge Management Specialist, Fifth Coast Guard District, telephone (757) 398–6422. Email jessica.c.shea2@ uscg.mil. If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: The bridge owner, the Virginia Department of Transportation (VDOT), is conducting maintenance on the State Route 223 swing bridge over Milford Haven Inlet near Hudgins, VA. VDOT requested deviation from the requirement to open on signal as required by 33 CFR 117.5 in order to facilitate the rehabilitation work. The deviation period commences at 7 a.m., on October 1, 2014 and goes through 7 a.m., on November 1, 2014. During the deviation period, the asabaliauskas on DSK5VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 17:48 Sep 18, 2014 Jkt 232001 construction work requires 24-hour periods where the bridge will be unable to open to navigation. However, once a week, the bridge will be able to open to navigation for a period not to exceed two hours. Due to the nature of the work and the time necessary to dismantle the equipment, a definitive schedule of openings could not be created. The date and time of the weekly opening will be announced through a Coast Guard Broadcast Notice to Mariners at least 48 hours before the opening. The opening duration and frequency were established through coordination meetings with the local waterway users during August 2014. The vertical clearance of the swing bridge in the closed-to-navigation position is 12 feet at mean high water. Vessels able to pass through the bridge in the closed position may do so at any time and are advised to proceed with caution. During this temporary deviation, the southern approach to Gwynn’s Island by Sandy Point, VA can be used as an alternate route for vessels able to transit in water depths of two feet. The bridge will not be able to open for emergencies during the closure periods. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: September 3, 2014. Waverly W. Gregory, Jr., Bridge Program Manager, Fifth Coast Guard District. [FR Doc. 2014–22434 Filed 9–18–14; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R10–OAR–2011–0916; FRL–9916–14– Region 10] Approval and Promulgation of Implementation Plans; Alaska Environmental Protection Agency. ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Alaska State Implementation Plan (SIP). The State of Alaska (State) submitted these revisions on February 13, 2008, December 11, 2009, April 14, 2010, November 29, 2010, October 21, 2011, December 10, 2012, and January 28, 2013, to meet SUMMARY: PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 Clean Air Act (CAA) requirements. These revisions update the Alaska SIP to reflect changes to the National Ambient Air Quality Standards (NAAQS), area designations, and Federal permitting requirements under section 110 of the CAA. In addition, the submitted changes revise and clarify Alaska permitting rules, and remove provisions that are duplicated in other regulations. Although the EPA is approving most of the submitted revisions, the EPA is not approving certain provisions which are inappropriate for SIP approval. The EPA is also correcting the SIP to remove specific provisions that were previously approved into the SIP in error. The corrections remove provisions that implement other requirements of the CAA, are not required by section 110 of the CAA, and were not relied on by the State to demonstrate attainment or maintenance of the NAAQS or to meet other specific requirements of section 110 of the CAA. Finally, the EPA is deferring action on certain portions of the submissions, including those that adopt by reference updates to the Federal nonattainment major new source review requirements, because those revisions will be addressed in separate actions. This final rule is effective on October 20, 2014. DATES: The EPA has established a docket for this action under Docket Identification No. EPA–R10–OAR– 2011–0916. All documents in the docket are listed on the http:// 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 will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http:// www.regulations.gov or in hard copy at EPA Region 10, Office of Air, Waste, and Toxics, AWT–107, 1200 Sixth Avenue, Seattle, Washington 98101. The EPA requests that 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 a.m. to 4:30 p.m., excluding Federal holidays. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Donna Deneen at (206) 553–6706, deneen.donna@epa.gov, or by using the above EPA, Region 10 address. E:\FR\FM\19SER1.SGM 19SER1 Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Rules and Regulations 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 Comments III. Final Action IV. Statutory and Executive Order Reviews I. Background The EPA proposed action on numerous revisions to the Alaska SIP in a notice of proposed rulemaking published on May 5, 2014 (79 FR 25533). These submitted revisions update the Alaska SIP to reflect changes to the NAAQS, area designations, and Federal permitting requirements under section 110 of the CAA. In addition, the submitted changes revise and clarify Alaska permitting rules, and remove provisions that are duplicated in other regulations. The EPA proposed to approve most of the submitted revisions except for certain provisions which are inappropriate for SIP approval because they implement other provisions of the CAA, are not required by section 110 of the CAA and were not relied on by the State to demonstrate attainment or maintenance of the NAAQS or to meet other specific requirements of section 110 of the CAA. In addition, the EPA proposed to correct the SIP to remove specific provisions that were previously approved into the SIP in error because they implement other provisions of the CAA and were not relied on by the State to demonstrate attainment or maintenance of the NAAQS or to meet other specific requirements of section 110 of the CAA. Finally, the EPA proposed to defer action on certain portions of the submissions, including those that adopt by reference updates to the Federal nonattainment major new source review requirements, because those revisions will be addressed in separate actions. More detail regarding the relevant CAA requirements, the revisions, and the EPA’s reasons for this action were provided in the proposal. See 79 FR 25533. The public comment period for this proposed rule ended on June 4, 2014. asabaliauskas on DSK5VPTVN1PROD with RULES II. Response to Comments The EPA received one comment letter on the May 5, 2014, proposed rule. The following summarizes the issues raised by the commenter and provides the EPA’s responses. Comment: The Alaska Department of Conservation (ADEC) states that it supports the EPA’s proposed approval of revisions to the Alaska SIP, but that VerDate Sep<11>2014 17:48 Sep 18, 2014 Jkt 232001 it has comments on a few specific aspects of the EPA’s proposal. Response: The EPA acknowledges ADEC’s support of this action and provides responses to ADEC’s other comments below. Comment: ADEC disagrees with the EPA’s proposal not to approve 18 AAC 50.345(l), which is a general condition required to be included in all permits and gives ADEC the discretion to approve an extension of a source test deadline established by ADEC. ADEC states that it is unreasonable to expect it to revise a permit and get the EPA’s approval when ADEC cannot know a permittee will need an extension of source testing requirements until the need arises. The flexibility provided by 18 AAC 50.345(l), ADEC maintains, is needed to account for unique logistical situations, such as when a permittee is unable to get a source test contractor on site by the permit deadline due to such issues as contractor shortages or extreme-weather-related scheduling problems. ADEC explains that when it receives a request for an extension, the extensions are granted and the source test is required to be conducted as expeditiously as possible and that only a dozen or so such requests are received annually. ADEC concludes by requesting that the EPA approve 18 AAC 50.345(l). Response: The EPA previously disapproved 18 AAC 50.345(l) on August 14, 2007 (72 FR 45378), and the State has not submitted a revision to 18 AAC 50.345(l) since then. As a result, no revision to 18 AAC 50.345(l) is before the EPA for action at this time. The EPA acknowledges the May 5, 2014, proposal may not have been clear that a revision to 18 AAC 50.345(l) was not before us. The intent of the EPA’s statement that it was not approving 18 AAC 50.345(l) was to avoid any implication that, by approving the submitted revisions to other parts of 18 AAC 50.345, it was also approving any revisions to 18 AAC 50.345(l) as none had been submitted. In any event, the EPA continues to believe that 18 AAC 50.345(l) is not appropriate for SIP approval for the reasons previously identified by the EPA in its prior action. See 72 FR 5232 (February 5, 2007). The regulation itself contains no criterion that bounds ADEC’s discretion to grant an extension of the source test deadline, such as the maximum time for an extension or the circumstances under which an extension will be granted. See, e.g., 40 CFR 60.8 (provisions authorizing an extension of a source test deadline for ‘‘force majeure’’ events). Unless it is possible at the time of the approval of PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 56269 a director’s discretion-type provision into a SIP to anticipate and analyze all of the impacts of the potential exercise of the director’s discretion, such provisions functionally could allow de facto revisions of the approved provisions of the SIP without complying with the process for SIP revisions required by the CAA. See 78 FR 12460, 12485–86 (February 22, 2013). The EPA understands the goal of 18 AAC 50.345(l) is to provide flexibility where an extension to a source test deadline established by ADEC is needed to account for unique logistical situations. If requested by Alaska, the EPA will work with the State to develop revised rules that are consistent with ADEC’s goal and also consistent with the Clean Air Act and implementing regulations. Comment: ADEC objects to the proposed disapproval of 18 AAC 50.346(a). ADEC describes this provision as dealing with the adoption by reference and use of Standard Operating Permit Condition II—Air Pollution Prohibited. ADEC states that it believes the EPA may have incorrectly interpreted the conditions in Standard Operating Permit Condition II, arguing that Condition II.2.1 addresses situations in which emissions present a potential threat to human health and safety and require that such emissions be reported and that actual impacts are, therefore, monitored. ADEC also argues that Condition II.2.1 and II.2.2 require reporting and investigation of emissions that are believed to have caused or are causing violation of Condition II.1, and Condition II.2.4 requires permittees to keep records, all of which constitute monitoring for compliance. ADEC believes that the EPA’s disapproval addresses only the language found in Condition II.2.3, which does require corrective action after a violation has occurred. ADEC requests that the EPA either approve 18 AAC 50.346(a) or provide additional explanation for why it is not approvable. Response: Region 10 continues to believe that 18 AAC 50.346(a) is not appropriate for SIP approval. We raised concerns in our previous action at 72 FR 5238 (February 5, 2007) that Standard Permit Condition II, which is incorporated into 18 AAC 50.346(a), only requires corrective action after a violation of 18 AAC 50.110 has occurred. Based on the comment by ADEC, we now agree that Standard Permit Condition II requires other ongoing monitoring, recordkeeping and reporting (MRR) in addition to the corrective action provision. However, the standard condition also authorizes ADEC to use something other than the E:\FR\FM\19SER1.SGM 19SER1 56270 Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Rules and Regulations Standard Permit Condition if ‘‘the Department determines that emission unit or stationary source specific conditions more adequately meet the requirements of 18 AAC 50.’’ As such, it reserves to ADEC authority to impose case-by-case MRR for the underlying SIP requirement (18 AAC 50.110) as an alternative to Standard Permit Condition II through the permitting process with no bounds on the exercise of that discretion. Although authority to impose appropriate MRR is an important part of the permitting process, approving into the SIP a specified MRR requirement for a SIP air quality control requirement such as 18 AAC 50.110 that also authorizes the permitting authority unbounded discretion to impose alternative requirements is inconsistent with the process for SIP revisions required by the CAA. See 78 FR 12460, 12485–86 (February 22, 2013). Therefore, EPA continues to believe that it cannot approve 18 AAC 50.346(a) into the SIP. The EPA notes, however, that, ADEC has authority under its SIPapproved permitting program to determine whether this Standard Condition or some alternative MRR is appropriate for 18 AAC 50.110 in issuing a permit for a particular emission unit or source. Once such a permit is issued under the SIP, the MRR would then be Federally-enforceable whether it is the Standard Permit Condition or a case-by-case alternative. Comment: ADEC disagrees with the EPA’s proposal to not approve 18 AAC 50.542(b)(2), which allows ADEC to require an owner/operator to submit an application online on the grounds that ADEC’s online system has not yet been certified by the EPA as Cross-Media Electronic Reporting Rule (CROMERR) compliant. ADEC states that it is continuing to work in good faith with the EPA to meet CROMERR requirements and that it is inappropriate to not approve 18 AAC 50.542(b)(2) because (1) ADEC has an existing system, which has been acknowledged as such by the EPA; (2) ADEC has submitted a CROMERR application; (3) CROMERR regulations have no provisions where an existing system cannot be used; and (4) Meeting CROMERR requirements is a challenging endeavor that has been so difficult in some cases that the EPA has been working to create services to help programs to meet CROMERR. ADEC continues that it is close to being able to formally resubmit its Air Online Services (AOS) program under CROMERR and that, until then, ADEC should be able to continue to utilize all of its tools and resources to not only meet Federal requirements but to also efficiently and effectively process permits. Therefore, ADEC requests that, although ADEC’s online system has not yet been certified as CROMERR compliant, the EPA continue to work with the State to approve the program as expeditiously as possible. Response: The provision at 18 AAC 50.542(b)(2) allows ADEC to require the owner/operator to submit permit applications online. The EPA previously disapproved this provision on August 14, 2007 (72 FR 45378), and the State has not submitted a revision to 18 AAC 50.542(b)(2) since then. As a result no revision to 18 AAC 50.542(b)(2) is before the EPA for action at this time. The EPA acknowledges the May 5, 2014, proposal may not have been clear that a revision to 18 AAC 50.542(b)(2) was not before us. The intent of the EPA’s statement that it was not approving 18 AAC 50.542(b)(2) was to avoid any implication that, by approving submitted revisions to other parts of 18 AAC 50.542, it was also approving any revisions to 18 AAC 50.542(b)(2) as none had been submitted. In any event, the EPA continues to believe that 18 AAC 50.542(b)(2) is not appropriate for SIP approval for the reasons previously identified by the EPA in its prior action. See 72 FR 5232 (February 5, 2007). We acknowledge ADEC’s continuing efforts to meet CROMERR requirements and will continue to assist the State in developing an approvable program for electronic recordkeeping and reporting under CROMERR, taking into account ADEC’s concerns. Once ADEC receives CROMERR approval and resubmits 18 AAC 50.542(b)(2) for SIP approval, we will take appropriate action on this provision. III. Final Action Provisions the EPA Is Approving and Incorporating by Reference Consistent with the discussion and analysis in the proposed rulemaking published on May 5, 2014, and in this action, the EPA is approving into the SIP at 40 CFR part 52, subpart C, the Alaska laws and regulations listed in the table below. ALASKA PROVISIONS FOR APPROVAL AND INCORPORATION BY REFERENCE State effective date State citation Title/Subject 18 AAC 50.010 .............. 18 AAC 50.015 .............. Ambient Air Quality Standards ............................. Air Quality Designations, Classifications, and Control Regions. Baseline Dates and Maximum Allowable Increases. Documents, Procedures, and Methods Adopted by Reference. Federal Standards Adopted by Reference .......... 18 AAC 50.020 .............. 18 AAC 50.035 .............. 18 AAC 50.040 .............. 18 AAC 50.050 .............. 18 AAC 50.055 .............. asabaliauskas on DSK5VPTVN1PROD with RULES 18 AAC 50.215 .............. 18 18 18 18 AAC AAC AAC AAC 50.220 50.225 50.302 50.306 .............. .............. .............. .............. 18 AAC 50.345 .............. 18 AAC 50.400 .............. VerDate Sep<11>2014 Incinerator Emission Standards ........................... Industrial Processes and Fuel-Burning Equipment. Ambient Air Quality Analysis Methods ................. Enforceable Test Methods ................................... Owner-Requested Limits ...................................... Construction Permits ............................................ Prevention of Significant Deterioration (PSD) Permits. Construction, Minor and Operating Permits: Standard Permit Conditions. Permit Administration Fees .................................. 17:48 Sep 18, 2014 Jkt 232001 PO 00000 Frm 00054 Fmt 4700 1/4/2013 12/9/2010 Explanation except (7) and (8). 1/4/2013 1/4/2013 1/4/2013, 12/3/ 2005 7/25/2008 12/9/2010 1/4/2013, 10/1/ 2004 9/14/2012 9/14/2012 9/14/2012 1/4/2013 9/14/2012 9/14/2012, 7/ 25/2008 Sfmt 4700 except (a)(6) and (b)(4). except (a), (b), (c), (d), (e), (g), (h)(21), (i)(7), (i)(8), (i)(9), (j), and (k). except (d)(2)(B). except (a)(4). except (c)(1)(A), (B), (C), and (c)(2). except (a)(3). except (b), (c)(3), and (l). except (a), (b), (c), (d), (f), (j)(1) through (18), (j)(21) through (23), and (k). E:\FR\FM\19SER1.SGM 19SER1 Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Rules and Regulations 56271 ALASKA PROVISIONS FOR APPROVAL AND INCORPORATION BY REFERENCE—Continued State effective date State citation Title/Subject 18 AAC 50.502 .............. 18 AAC 50.508 .............. Minor Permits for Air Quality Protection .............. Minor Permits Requested by the Owner or Operator. Minor Permit: 18 AAC 50.510 Minor Permit— Title V Permit Interface. Minor Permit: Application ..................................... Minor Permit: Review and Issuance .................... Minor Permits: Content ........................................ Minor Permits: Revisions ..................................... Definitions ............................................................. Responsibilities of Owner and Operator; Agent for Service. Definitions ............................................................. 18 AAC 50.510 .............. 18 AAC 50.540 .............. 18 AAC 50.542 .............. 18 AAC 50.544 .............. 18 AAC 50.546 .............. 18 AAC 50.990 .............. Alaska Statute Sec. 46.14.550. Alaska Statute Sec. 46.14.990. In addition, the EPA finds that the statutes submitted by the State in its SIP revisions, with the exceptions discussed in the May 5, 2014, proposal, continue to provide the State with adequate legal authority to carry out the requirements of the Alaska SIP. In general, the EPA is not incorporating by reference the statutory provisions submitted by the State to avoid potential conflict with the EPA’s independent authorities. asabaliauskas on DSK5VPTVN1PROD with RULES Provisions the EPA Is Not Approving For the reasons explained in the proposed rule published on May 5, 2014, we are not approving the following provisions: • 18 AAC 50.010 ‘‘Ambient Air Quality Standards,’’ paragraphs (7) and (8). • 18 AAC 50.030 ‘‘State Air Quality Control Plan.’’ • 18 AAC 50.035 ‘‘Documents, Procedures, and Methods Adopted by Reference,’’ subparagraphs (a)(6) and (b)(4). • 18 AAC 50.040 ‘‘Federal Standards Adopted by Reference,’’ paragraphs (a), (b), (c), (d), (e), (g), (j) and (k), and subparagraph (h)(21). • 18 AAC 50.055 ‘‘Industrial Processes and Fuel-Burning Equipment,’’ subparagraph (d)(2)(B). • 18 AAC 50.215 ‘‘Ambient Air Quality Analysis Methods,’’ subparagraph (a)(4). • 18 AAC 50.220 ‘‘Enforceable Test Methods,’’ subparagraph (c)(2). • 18 AAC 50.326 ‘‘Title V Operating Permits, paragraph (e). • 18 AAC 50.345 ‘‘Construction, Minor and Operating Permits: Standard Permit Conditions,’’ paragraph (b), (c)(3), and (l). • 18 AAC 50.346 ‘‘Construction and operating permits: other permit conditions,’’ paragraphs (a), (b) and (c). • 18 AAC 50.400 ‘‘Permit Administration Fees,’’ paragraph (a). VerDate Sep<11>2014 17:48 Sep 18, 2014 Jkt 232001 1/4/2013 12/9/2010 12/9/2010 1/4/2013 1/4/2013 12/9/2010 7/25/2008 9/14/2012 1/4/2013 1/4/2013 • 18 AAC 50.542 ‘‘Minor Permit: Review and Issuance,’’ subparagraph (b)(2). • 18 AAC 50.546 ‘‘Minor Permits: Revisions,’’ paragraph (b). • AS 46.14.540 ‘‘Authority of Department in Cases of Emergency.’’ Provisions the EPA Is Removing From the SIP or From Incorporation by Reference Under the authority of CAA section 110(k)(6), we are correcting the SIP to remove specific provisions from the Alaska SIP that were previously approved into the SIP in error. The provisions listed below implement other requirements of the CAA, were not required to be submitted under section 110 of the CAA, and were not relied on by the State to demonstrate attainment or maintenance of the NAAQS or to meet other specific requirements of section 110 of the Act. They are therefore not appropriate for approval into the SIP: 18 AAC 50.220(c)(1)(A), (B), (C) and 18 AAC 50.302(a)(3). Because these provisions are not required under the CAA, our action to remove these provisions, which results in a disapproval of these provisions, does not make the SIP deficient. We are also removing the incorporation by reference of AS 46.14.510(b). This statutory provision continues to be in the SIP, but is no longer necessary to be incorporated by reference because the provision is addressed by the incorporation by reference of regulations elsewhere in the Federally-approved SIP (at 18 AAC 52.015(a), (b), 52.990(66)(B) and 52.100(d)(3)). Provisions the EPA is Taking No Action On Finally, as detailed in the proposed rulemaking published on May 5, 2014, we are taking no action on the following PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 Explanation except (b)(2). except (b). except (92) as it relates to 18 AAC 50.040(i). except (1)–(3), (6), (7), (9)–(14), (19)–(26), and (28). Alaska provisions: 18 AAC 50.040 ‘‘Federal Standards Adopted by Reference’’ paragraph (i) (adoption by reference of Federal nonattainment NSR regulations at 40 CFR 51.165); 18 AAC 50 Article 7 ‘‘Conformity;’’ and AS 46.14.560 ‘‘Unavoidable Malfunctions and Emergencies.’’ We intend to address these changes in separate actions. IV. 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 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); E:\FR\FM\19SER1.SGM 19SER1 56272 Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Rules and Regulations • 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 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, 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 the 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. 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 November 18, 2014. 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, Carbon monoxide, 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: August 15, 2014. Michelle L. Pirzadeh, Acting Regional Administrator, Region 10. 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 C—Alaska 2. In § 52.70, the table in paragraph (c) is amended by: ■ a. Revising entries 18 AAC 50.010 through 18 AAC 50.020. ■ b. Revising entries 18 AAC 50.035, 18 AAC 50.040, 18 AAC 50.050, and 18 AAC 50.055. ■ c. Revising entries 18 AAC 50.215 through 18 AAC 50.225. ■ d. Revising entries 18 AAC 50.302, 18 AAC 50.306, and 18 AAC 50.345. ■ e. Adding, in numerical order, the subheading ‘‘18 AAC 50 Article 4. User Fees’’ and entry ‘‘18 AAC 50.400’’. ■ f. Revising entries 18 AAC 50.502 and 18 AAC 50.508. ■ g. Adding in numerical order entry 18 AAC 50.510. ■ h. Revising entries 18 AAC 50.540 through 18 AAC 50.546. ■ i. Revising entry 18 AAC 50.990. ■ j. Removing entry Sec. 46.14.510. ■ k. Revising entries Sec. 46.14.550 and Sec. 46.14.990. The revisions and additions read as follows: ■ § 52.70 * Identification of plan. * * (c) * * * * * EPA-APPROVED ALASKA REGULATIONS AND STATUTES State citation State effective date Title/Subject EPA Approval date Explanations Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) * 18 AAC 50.010 ............... * Ambient Air Quality Standards. 18 AAC 50.015 ............... Air Quality Designations, Classifications, and Control Regions. Baseline Dates and Maximum Allowable Increases. asabaliauskas on DSK5VPTVN1PROD with RULES 18 AAC 50.020 ............... * 18 AAC 50.035 ............... 18 AAC 50.040 ............... VerDate Sep<11>2014 * * * Documents, Procedures and Methods Adopted by Reference. Federal Standards Adopted by Reference. 17:48 Sep 18, 2014 Jkt 232001 PO 00000 1/4/13 12/9/10 1/4/13 1/4/13 1/4/13; 12/3/05 Frm 00056 * * 9/19/14 .......................... [Insert Federal Register citation]. 9/19/14 .......................... [Insert Federal Register citation]. 9/19/14 .......................... [Insert Federal Register citation]. * except (7) and (8). * * * 9/19/14 .......................... [Insert Federal Register citation]. 9/19/14 .......................... [Insert Federal Register citation]; 72 FR 45378 (8/14/07) * except (a)(6) and (b)(4). * Fmt 4700 Sfmt 4700 except (a), (b), (c), (d), (e), (g), (h)(21), (i)(7), (i)(8), (i)(9), (j), and (k). E:\FR\FM\19SER1.SGM 19SER1 56273 Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Rules and Regulations EPA-APPROVED ALASKA REGULATIONS AND STATUTES—Continued State citation State effective date Title/Subject * 18 AAC 50.050 ............... * Incinerator Emission Standards. * 18 AAC 50.055 ............... Industrial Processes and Fuel-Burning Equipment. * 18 AAC 50.215 ............... * Ambient Air Quality Analysis Methods. 18 AAC 50.220 ............... Enforceable Test Methods. 9/14/12 18 AAC 50.225 ............... Owner-Requested Limits. 9/14/12 * 18 AAC 50.302 ............... * * Construction Permits .... 9/14/12 18 AAC 50.306 ............... Prevention of Significant Deterioration (PSD) Permits. * 18 AAC 50.345 ............... * * Construction, Minor and Operating Permits: Standard Permit Conditions. 7/25/08 12/9/10 * 1/4/13; 10/1/04 1/4/13 9/14/12 EPA Approval date * * 9/19/14 .......................... [Insert Federal Register citation]. 9/19/14 .......................... [Insert Federal Register citation]. * * 9/19/14 .......................... [Insert Federal Register citation]; 72 FR 45378 (8/14/07) 9/19/14 .......................... [Insert Federal Register citation]. 9/19/14 .......................... [Insert Federal Register citation]. * * 9/19/14 .......................... [Insert Federal Register citation]. 9/19/14 .......................... [Insert Federal Register citation]. * * 9/19/14 .......................... [Insert Federal Register citation]. Explanations * * * * except (d)(2)(B). except (a)(4) except (c)(1)(A), (B), (C), and (c)(2). * * except (a)(3). * except (b), (c)(3), and (l). * 18 AAC 50 Article 4. User Fees 18 AAC 50.400 ............... Permit Administration Fees. * 18 AAC 50.502 ............... * Minor Permits for Air Quality Protection. 18 AAC 50.508 ............... Minor Permits Requested by the Owner or Operator. Minor Permit: 18 AAC 50.510 Minor Permit—Title V Permit Interface. Minor Permit: Application. 18 AAC 50.510 ............... 18 AAC 50.540 ............... 9/4/12 * 1/4/13 12/9/10 12/9/10 1/4/13 Minor Permit: Review and Issuance. 1/4/13 18 AAC 50.544 ............... asabaliauskas on DSK5VPTVN1PROD with RULES 18 AAC 50.542 ............... Minor Permits: Content 12/9/10 18 AAC 50.546 ............... Minor Permits: Revisions. 7/15/08 * 18 AAC 50.990 ............... * * Definitions ..................... 9/14/12 VerDate Sep<11>2014 17:48 Sep 18, 2014 Jkt 232001 PO 00000 Frm 00057 9/19/14 .......................... [Insert Federal Register citation]. except (a), (b), (c), (d), (f), (j)(1) through (18), (j)(21) through (23), and (k). * * 9/19/14 .......................... [Insert Federal Register citation]. 9/19/14 .......................... [Insert Federal Register citation]. 9/19/14 .......................... [Insert Federal Register citation]. 9/19/14 .......................... [Insert Federal Register citation]. 9/19/14 .......................... [Insert Federal Register citation]. 9/19/14 .......................... [Insert Federal Register citation]. 9/19/14 .......................... [Insert Federal Register citation]. * * 9/19/14 .......................... [Insert Federal Register citation]. Fmt 4700 Sfmt 4700 * * except (b)(2). except (b). * * except (92) as it relates to 18 AAC 50.040(i). E:\FR\FM\19SER1.SGM 19SER1 56274 Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Rules and Regulations EPA-APPROVED ALASKA REGULATIONS AND STATUTES—Continued State citation State effective date Title/Subject * * * EPA Approval date * Explanations * * * * * * Alaska Statutes * * * * Title 46 Water, Air, Energy, and Environmental Conservation, Chapter 46.14. Air Quality Control Sec. 46.14.550 ............... Responsibilities of Owner and Operator. 1/4/13 * Sec. 46.14.990 ............... * * Definitions ..................... 1/4/13 * * * * * 3. Section 52.96 is amended by revising paragraph (a) to read as follows: ■ 9/19/14 .......................... [Insert Federal Register citation]. * * 9/19/14 .......................... [Insert Federal Register citation]. ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 122 § 52.96 Significant deterioration of air quality. [EPA–HQ–OW–2009–1019; FRL–9916–33– OW] (a) The State of Alaska Department of Environmental Conservation Air Quality Control Regulations are approved as meeting the requirements of 40 CFR 51.166 and this part for preventing significant deterioration of air quality. The specific provisions approved are: 18 AAC 50.010 except (7) and (8), 18 AAC 50.020, 18 AAC 50.035 (a)(4) and (5) and (b)(1) (but only with respect to the incorporation by reference of 40 CFR part 50, appendix P), 18 AAC 50.040(h) except (7) and (9), and 18 AAC 50.306 as in effect on January 4, 2013; 18 AAC 50.215 except (a)(4) and (d), 18 AAC 50.345 except (b), (c)(3) and (l), and 18 AAC 50.990 except (92) as it relates to 18 AAC 50.040(i)) as in effect on September 14, 2012; 18 AAC 50.015 as in effect on December 9, 2010; 18 AAC 50.040 (7) and (9) as in effect on December 3, 2005; and 18 AAC 50.215(d) and 18 AAC 50.250 as in effect on October 1, 2004. * * * * * RIN 2040–AC84 [FR Doc. 2014–22165 Filed 9–18–14; 8:45 am] asabaliauskas on DSK5VPTVN1PROD with RULES BILLING CODE 6560–50–P VerDate Sep<11>2014 17:48 Sep 18, 2014 Jkt 232001 National Pollutant Discharge Elimination System (NPDES): Use of Sufficiently Sensitive Test Methods for Permit Applications and Reporting; Correction Environmental Protection Agency. ACTION: Final rule; correction. AGENCY: The Environmental Protection Agency (EPA) is correcting a final rule that appeared in the Federal Register of August 19, 2014 (79 FR 49001). The rule finalized minor amendments to its Clean Water Act (CWA) regulations to codify that under the National Pollutant Discharge Elimination System (NPDES) program, in general, permit applicants must use ‘‘sufficiently sensitive’’ analytical test methods when completing an NPDES permit application and the Director must prescribe that only ‘‘sufficiently sensitive’’ methods be used for analyses of pollutants or pollutant parameters under an NPDES permit. DATES: Effective September 18, 2014. FOR FURTHER INFORMATION CONTACT: For additional information, contact Kathryn Kelley, Water Permits Division, Office of Wastewater Management (4203M), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 564–7004, email address: kelley.kathryn@epa.gov. SUMMARY: PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 * * except (1) (3), (6), (7), (9) (14), (19) (26), and (28). EPA is correcting two citations that are contained within the text of two ‘‘Notes’’ in the final rule, as set forth below. Section 553(b)(B) of the Administrative Procedure Act, 5 U.S.C. 553(b)(B), provides that, when an agency for good cause finds that public notice and comment procedures are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. Here, EPA has determined that there is good cause for making this rule final without prior proposal and opportunity for comment because notice and opportunity for comment are unnecessary. The corrections being made in this rule are technical and very minor. These corrections concern two citations that were inadvertently stated incorrectly in the text of the final rule published on Aug. 19, 2014. The preamble to that rule makes clear that EPA intended the two Notes that contain these citations to discuss how method minimum levels (MLs) are determined under any of the subparagraphs to 122.21(e)(3)(i) or 122.44(i)(1)(iv)(A) (see 79 FR 49004–05 and 49010), which is the effect of today’s corrections to these two citations. Accordingly, EPA does not believe that conducting a notice and comment process on today’s corrections would inform the public of agency action that may be of interest. Under Section 553(d) of the Administrative Procedure Act, publication of a rule must be made at least 30 days before its effective date, except where the agency provides otherwise for good cause. EPA finds that there is good cause for making this rule SUPPLEMENTARY INFORMATION: E:\FR\FM\19SER1.SGM 19SER1

Agencies

[Federal Register Volume 79, Number 182 (Friday, September 19, 2014)]
[Rules and Regulations]
[Pages 56268-56274]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22165]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2011-0916; FRL-9916-14-Region 10]


Approval and Promulgation of Implementation Plans; Alaska

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the Alaska State Implementation Plan 
(SIP). The State of Alaska (State) submitted these revisions on 
February 13, 2008, December 11, 2009, April 14, 2010, November 29, 
2010, October 21, 2011, December 10, 2012, and January 28, 2013, to 
meet Clean Air Act (CAA) requirements. These revisions update the 
Alaska SIP to reflect changes to the National Ambient Air Quality 
Standards (NAAQS), area designations, and Federal permitting 
requirements under section 110 of the CAA. In addition, the submitted 
changes revise and clarify Alaska permitting rules, and remove 
provisions that are duplicated in other regulations. Although the EPA 
is approving most of the submitted revisions, the EPA is not approving 
certain provisions which are inappropriate for SIP approval. The EPA is 
also correcting the SIP to remove specific provisions that were 
previously approved into the SIP in error. The corrections remove 
provisions that implement other requirements of the CAA, are not 
required by section 110 of the CAA, and were not relied on by the State 
to demonstrate attainment or maintenance of the NAAQS or to meet other 
specific requirements of section 110 of the CAA. Finally, the EPA is 
deferring action on certain portions of the submissions, including 
those that adopt by reference updates to the Federal nonattainment 
major new source review requirements, because those revisions will be 
addressed in separate actions.

DATES: This final rule is effective on October 20, 2014.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R10-OAR-2011-0916. All documents in the 
docket are listed on the http://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 will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through http://www.regulations.gov or in hard copy at EPA Region 10, Office of Air, 
Waste, and Toxics, AWT-107, 1200 Sixth Avenue, Seattle, Washington 
98101. The EPA requests that 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 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Donna Deneen at (206) 553-6706, 
deneen.donna@epa.gov, or by using the above EPA, Region 10 address.

[[Page 56269]]


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 Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    The EPA proposed action on numerous revisions to the Alaska SIP in 
a notice of proposed rulemaking published on May 5, 2014 (79 FR 25533). 
These submitted revisions update the Alaska SIP to reflect changes to 
the NAAQS, area designations, and Federal permitting requirements under 
section 110 of the CAA. In addition, the submitted changes revise and 
clarify Alaska permitting rules, and remove provisions that are 
duplicated in other regulations. The EPA proposed to approve most of 
the submitted revisions except for certain provisions which are 
inappropriate for SIP approval because they implement other provisions 
of the CAA, are not required by section 110 of the CAA and were not 
relied on by the State to demonstrate attainment or maintenance of the 
NAAQS or to meet other specific requirements of section 110 of the CAA. 
In addition, the EPA proposed to correct the SIP to remove specific 
provisions that were previously approved into the SIP in error because 
they implement other provisions of the CAA and were not relied on by 
the State to demonstrate attainment or maintenance of the NAAQS or to 
meet other specific requirements of section 110 of the CAA. Finally, 
the EPA proposed to defer action on certain portions of the 
submissions, including those that adopt by reference updates to the 
Federal nonattainment major new source review requirements, because 
those revisions will be addressed in separate actions. More detail 
regarding the relevant CAA requirements, the revisions, and the EPA's 
reasons for this action were provided in the proposal. See 79 FR 25533. 
The public comment period for this proposed rule ended on June 4, 2014.

II. Response to Comments

    The EPA received one comment letter on the May 5, 2014, proposed 
rule. The following summarizes the issues raised by the commenter and 
provides the EPA's responses.
    Comment: The Alaska Department of Conservation (ADEC) states that 
it supports the EPA's proposed approval of revisions to the Alaska SIP, 
but that it has comments on a few specific aspects of the EPA's 
proposal.
    Response: The EPA acknowledges ADEC's support of this action and 
provides responses to ADEC's other comments below.
    Comment: ADEC disagrees with the EPA's proposal not to approve 18 
AAC 50.345(l), which is a general condition required to be included in 
all permits and gives ADEC the discretion to approve an extension of a 
source test deadline established by ADEC. ADEC states that it is 
unreasonable to expect it to revise a permit and get the EPA's approval 
when ADEC cannot know a permittee will need an extension of source 
testing requirements until the need arises. The flexibility provided by 
18 AAC 50.345(l), ADEC maintains, is needed to account for unique 
logistical situations, such as when a permittee is unable to get a 
source test contractor on site by the permit deadline due to such 
issues as contractor shortages or extreme-weather-related scheduling 
problems. ADEC explains that when it receives a request for an 
extension, the extensions are granted and the source test is required 
to be conducted as expeditiously as possible and that only a dozen or 
so such requests are received annually. ADEC concludes by requesting 
that the EPA approve 18 AAC 50.345(l).
    Response: The EPA previously disapproved 18 AAC 50.345(l) on August 
14, 2007 (72 FR 45378), and the State has not submitted a revision to 
18 AAC 50.345(l) since then. As a result, no revision to 18 AAC 
50.345(l) is before the EPA for action at this time. The EPA 
acknowledges the May 5, 2014, proposal may not have been clear that a 
revision to 18 AAC 50.345(l) was not before us. The intent of the EPA's 
statement that it was not approving 18 AAC 50.345(l) was to avoid any 
implication that, by approving the submitted revisions to other parts 
of 18 AAC 50.345, it was also approving any revisions to 18 AAC 
50.345(l) as none had been submitted.
    In any event, the EPA continues to believe that 18 AAC 50.345(l) is 
not appropriate for SIP approval for the reasons previously identified 
by the EPA in its prior action. See 72 FR 5232 (February 5, 2007). The 
regulation itself contains no criterion that bounds ADEC's discretion 
to grant an extension of the source test deadline, such as the maximum 
time for an extension or the circumstances under which an extension 
will be granted. See, e.g., 40 CFR 60.8 (provisions authorizing an 
extension of a source test deadline for ``force majeure'' events). 
Unless it is possible at the time of the approval of a director's 
discretion-type provision into a SIP to anticipate and analyze all of 
the impacts of the potential exercise of the director's discretion, 
such provisions functionally could allow de facto revisions of the 
approved provisions of the SIP without complying with the process for 
SIP revisions required by the CAA. See 78 FR 12460, 12485-86 (February 
22, 2013).
    The EPA understands the goal of 18 AAC 50.345(l) is to provide 
flexibility where an extension to a source test deadline established by 
ADEC is needed to account for unique logistical situations. If 
requested by Alaska, the EPA will work with the State to develop 
revised rules that are consistent with ADEC's goal and also consistent 
with the Clean Air Act and implementing regulations.
    Comment: ADEC objects to the proposed disapproval of 18 AAC 
50.346(a). ADEC describes this provision as dealing with the adoption 
by reference and use of Standard Operating Permit Condition II--Air 
Pollution Prohibited. ADEC states that it believes the EPA may have 
incorrectly interpreted the conditions in Standard Operating Permit 
Condition II, arguing that Condition II.2.1 addresses situations in 
which emissions present a potential threat to human health and safety 
and require that such emissions be reported and that actual impacts 
are, therefore, monitored. ADEC also argues that Condition II.2.1 and 
II.2.2 require reporting and investigation of emissions that are 
believed to have caused or are causing violation of Condition II.1, and 
Condition II.2.4 requires permittees to keep records, all of which 
constitute monitoring for compliance. ADEC believes that the EPA's 
disapproval addresses only the language found in Condition II.2.3, 
which does require corrective action after a violation has occurred. 
ADEC requests that the EPA either approve 18 AAC 50.346(a) or provide 
additional explanation for why it is not approvable.
    Response: Region 10 continues to believe that 18 AAC 50.346(a) is 
not appropriate for SIP approval. We raised concerns in our previous 
action at 72 FR 5238 (February 5, 2007) that Standard Permit Condition 
II, which is incorporated into 18 AAC 50.346(a), only requires 
corrective action after a violation of 18 AAC 50.110 has occurred. 
Based on the comment by ADEC, we now agree that Standard Permit 
Condition II requires other ongoing monitoring, recordkeeping and 
reporting (MRR) in addition to the corrective action provision. 
However, the standard condition also authorizes ADEC to use something 
other than the

[[Page 56270]]

Standard Permit Condition if ``the Department determines that emission 
unit or stationary source specific conditions more adequately meet the 
requirements of 18 AAC 50.'' As such, it reserves to ADEC authority to 
impose case-by-case MRR for the underlying SIP requirement (18 AAC 
50.110) as an alternative to Standard Permit Condition II through the 
permitting process with no bounds on the exercise of that discretion. 
Although authority to impose appropriate MRR is an important part of 
the permitting process, approving into the SIP a specified MRR 
requirement for a SIP air quality control requirement such as 18 AAC 
50.110 that also authorizes the permitting authority unbounded 
discretion to impose alternative requirements is inconsistent with the 
process for SIP revisions required by the CAA. See 78 FR 12460, 12485-
86 (February 22, 2013). Therefore, EPA continues to believe that it 
cannot approve 18 AAC 50.346(a) into the SIP. The EPA notes, however, 
that, ADEC has authority under its SIP-approved permitting program to 
determine whether this Standard Condition or some alternative MRR is 
appropriate for 18 AAC 50.110 in issuing a permit for a particular 
emission unit or source. Once such a permit is issued under the SIP, 
the MRR would then be Federally-enforceable whether it is the Standard 
Permit Condition or a case-by-case alternative.
    Comment: ADEC disagrees with the EPA's proposal to not approve 18 
AAC 50.542(b)(2), which allows ADEC to require an owner/operator to 
submit an application online on the grounds that ADEC's online system 
has not yet been certified by the EPA as Cross-Media Electronic 
Reporting Rule (CROMERR) compliant. ADEC states that it is continuing 
to work in good faith with the EPA to meet CROMERR requirements and 
that it is inappropriate to not approve 18 AAC 50.542(b)(2) because (1) 
ADEC has an existing system, which has been acknowledged as such by the 
EPA; (2) ADEC has submitted a CROMERR application; (3) CROMERR 
regulations have no provisions where an existing system cannot be used; 
and (4) Meeting CROMERR requirements is a challenging endeavor that has 
been so difficult in some cases that the EPA has been working to create 
services to help programs to meet CROMERR. ADEC continues that it is 
close to being able to formally resubmit its Air Online Services (AOS) 
program under CROMERR and that, until then, ADEC should be able to 
continue to utilize all of its tools and resources to not only meet 
Federal requirements but to also efficiently and effectively process 
permits. Therefore, ADEC requests that, although ADEC's online system 
has not yet been certified as CROMERR compliant, the EPA continue to 
work with the State to approve the program as expeditiously as 
possible.
    Response: The provision at 18 AAC 50.542(b)(2) allows ADEC to 
require the owner/operator to submit permit applications online. The 
EPA previously disapproved this provision on August 14, 2007 (72 FR 
45378), and the State has not submitted a revision to 18 AAC 
50.542(b)(2) since then. As a result no revision to 18 AAC 50.542(b)(2) 
is before the EPA for action at this time. The EPA acknowledges the May 
5, 2014, proposal may not have been clear that a revision to 18 AAC 
50.542(b)(2) was not before us. The intent of the EPA's statement that 
it was not approving 18 AAC 50.542(b)(2) was to avoid any implication 
that, by approving submitted revisions to other parts of 18 AAC 50.542, 
it was also approving any revisions to 18 AAC 50.542(b)(2) as none had 
been submitted.
    In any event, the EPA continues to believe that 18 AAC 50.542(b)(2) 
is not appropriate for SIP approval for the reasons previously 
identified by the EPA in its prior action. See 72 FR 5232 (February 5, 
2007). We acknowledge ADEC's continuing efforts to meet CROMERR 
requirements and will continue to assist the State in developing an 
approvable program for electronic recordkeeping and reporting under 
CROMERR, taking into account ADEC's concerns. Once ADEC receives 
CROMERR approval and resubmits 18 AAC 50.542(b)(2) for SIP approval, we 
will take appropriate action on this provision.

III. Final Action

Provisions the EPA Is Approving and Incorporating by Reference

    Consistent with the discussion and analysis in the proposed 
rulemaking published on May 5, 2014, and in this action, the EPA is 
approving into the SIP at 40 CFR part 52, subpart C, the Alaska laws 
and regulations listed in the table below.

                          Alaska Provisions for Approval and Incorporation by Reference
----------------------------------------------------------------------------------------------------------------
                                                                         State
           State citation                     Title/Subject         effective date           Explanation
----------------------------------------------------------------------------------------------------------------
18 AAC 50.010.......................  Ambient Air Quality                 1/4/2013  except (7) and (8).
                                       Standards.
18 AAC 50.015.......................  Air Quality Designations,          12/9/2010  ............................
                                       Classifications, and
                                       Control Regions.
18 AAC 50.020.......................  Baseline Dates and Maximum          1/4/2013  ............................
                                       Allowable Increases.
18 AAC 50.035.......................  Documents, Procedures, and          1/4/2013  except (a)(6) and (b)(4).
                                       Methods Adopted by
                                       Reference.
18 AAC 50.040.......................  Federal Standards Adopted by  1/4/2013, 12/3/ except (a), (b), (c), (d),
                                       Reference.                             2005   (e), (g), (h)(21), (i)(7),
                                                                                     (i)(8), (i)(9), (j), and
                                                                                     (k).
18 AAC 50.050.......................  Incinerator Emission               7/25/2008  ............................
                                       Standards.
18 AAC 50.055.......................  Industrial Processes and           12/9/2010  except (d)(2)(B).
                                       Fuel-Burning Equipment.
18 AAC 50.215.......................  Ambient Air Quality Analysis  1/4/2013, 10/1/ except (a)(4).
                                       Methods.                               2004
18 AAC 50.220.......................  Enforceable Test Methods....       9/14/2012  except (c)(1)(A), (B), (C),
                                                                                     and (c)(2).
18 AAC 50.225.......................  Owner-Requested Limits......       9/14/2012  ............................
18 AAC 50.302.......................  Construction Permits........       9/14/2012  except (a)(3).
18 AAC 50.306.......................  Prevention of Significant           1/4/2013  ............................
                                       Deterioration (PSD) Permits.
18 AAC 50.345.......................  Construction, Minor and            9/14/2012  except (b), (c)(3), and (l).
                                       Operating Permits: Standard
                                       Permit Conditions.
18 AAC 50.400.......................  Permit Administration Fees..   9/14/2012, 7/  except (a), (b), (c), (d),
                                                                           25/2008   (f), (j)(1) through (18),
                                                                                     (j)(21) through (23), and
                                                                                     (k).

[[Page 56271]]

 
18 AAC 50.502.......................  Minor Permits for Air               1/4/2013  ............................
                                       Quality Protection.
18 AAC 50.508.......................  Minor Permits Requested by         12/9/2010  ............................
                                       the Owner or Operator.
18 AAC 50.510.......................  Minor Permit: 18 AAC 50.510        12/9/2010  ............................
                                       Minor Permit--Title V
                                       Permit Interface.
18 AAC 50.540.......................  Minor Permit: Application...        1/4/2013  ............................
18 AAC 50.542.......................  Minor Permit: Review and            1/4/2013  except (b)(2).
                                       Issuance.
18 AAC 50.544.......................  Minor Permits: Content......       12/9/2010  ............................
18 AAC 50.546.......................  Minor Permits: Revisions....       7/25/2008  except (b).
18 AAC 50.990.......................  Definitions.................       9/14/2012  except (92) as it relates to
                                                                                     18 AAC 50.040(i).
Alaska Statute Sec. 46.14.550.......  Responsibilities of Owner           1/4/2013  ............................
                                       and Operator; Agent for
                                       Service.
Alaska Statute Sec. 46.14.990.......  Definitions.................        1/4/2013  except (1)-(3), (6), (7),
                                                                                     (9)-(14), (19)-(26), and
                                                                                     (28).
----------------------------------------------------------------------------------------------------------------

    In addition, the EPA finds that the statutes submitted by the State 
in its SIP revisions, with the exceptions discussed in the May 5, 2014, 
proposal, continue to provide the State with adequate legal authority 
to carry out the requirements of the Alaska SIP. In general, the EPA is 
not incorporating by reference the statutory provisions submitted by 
the State to avoid potential conflict with the EPA's independent 
authorities.

Provisions the EPA Is Not Approving

    For the reasons explained in the proposed rule published on May 5, 
2014, we are not approving the following provisions:
     18 AAC 50.010 ``Ambient Air Quality Standards,'' 
paragraphs (7) and (8).
     18 AAC 50.030 ``State Air Quality Control Plan.''
     18 AAC 50.035 ``Documents, Procedures, and Methods Adopted 
by Reference,'' subparagraphs (a)(6) and (b)(4).
     18 AAC 50.040 ``Federal Standards Adopted by Reference,'' 
paragraphs (a), (b), (c), (d), (e), (g), (j) and (k), and subparagraph 
(h)(21).
     18 AAC 50.055 ``Industrial Processes and Fuel-Burning 
Equipment,'' subparagraph (d)(2)(B).
     18 AAC 50.215 ``Ambient Air Quality Analysis Methods,'' 
subparagraph (a)(4).
     18 AAC 50.220 ``Enforceable Test Methods,'' subparagraph 
(c)(2).
     18 AAC 50.326 ``Title V Operating Permits, paragraph (e).
     18 AAC 50.345 ``Construction, Minor and Operating Permits: 
Standard Permit Conditions,'' paragraph (b), (c)(3), and (l).
     18 AAC 50.346 ``Construction and operating permits: other 
permit conditions,'' paragraphs (a), (b) and (c).
     18 AAC 50.400 ``Permit Administration Fees,'' paragraph 
(a).
     18 AAC 50.542 ``Minor Permit: Review and Issuance,'' 
subparagraph (b)(2).
     18 AAC 50.546 ``Minor Permits: Revisions,'' paragraph (b).
     AS 46.14.540 ``Authority of Department in Cases of 
Emergency.''

Provisions the EPA Is Removing From the SIP or From Incorporation by 
Reference

    Under the authority of CAA section 110(k)(6), we are correcting the 
SIP to remove specific provisions from the Alaska SIP that were 
previously approved into the SIP in error. The provisions listed below 
implement other requirements of the CAA, were not required to be 
submitted under section 110 of the CAA, and were not relied on by the 
State to demonstrate attainment or maintenance of the NAAQS or to meet 
other specific requirements of section 110 of the Act. They are 
therefore not appropriate for approval into the SIP: 18 AAC 
50.220(c)(1)(A), (B), (C) and 18 AAC 50.302(a)(3). Because these 
provisions are not required under the CAA, our action to remove these 
provisions, which results in a disapproval of these provisions, does 
not make the SIP deficient.
    We are also removing the incorporation by reference of AS 
46.14.510(b). This statutory provision continues to be in the SIP, but 
is no longer necessary to be incorporated by reference because the 
provision is addressed by the incorporation by reference of regulations 
elsewhere in the Federally-approved SIP (at 18 AAC 52.015(a), (b), 
52.990(66)(B) and 52.100(d)(3)).

Provisions the EPA is Taking No Action On

    Finally, as detailed in the proposed rulemaking published on May 5, 
2014, we are taking no action on the following Alaska provisions: 18 
AAC 50.040 ``Federal Standards Adopted by Reference'' paragraph (i) 
(adoption by reference of Federal nonattainment NSR regulations at 40 
CFR 51.165); 18 AAC 50 Article 7 ``Conformity;'' and AS 46.14.560 
``Unavoidable Malfunctions and Emergencies.'' We intend to address 
these changes in separate actions.

IV. 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 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);

[[Page 56272]]

     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 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, 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 the 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. 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 November 18, 2014. 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, Carbon monoxide, 
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: August 15, 2014.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.

    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 (c) is amended by:
0
a. Revising entries 18 AAC 50.010 through 18 AAC 50.020.
0
b. Revising entries 18 AAC 50.035, 18 AAC 50.040, 18 AAC 50.050, and 18 
AAC 50.055.
0
c. Revising entries 18 AAC 50.215 through 18 AAC 50.225.
0
d. Revising entries 18 AAC 50.302, 18 AAC 50.306, and 18 AAC 50.345.
0
e. Adding, in numerical order, the subheading ``18 AAC 50 Article 4. 
User Fees'' and entry ``18 AAC 50.400''.
0
f. Revising entries 18 AAC 50.502 and 18 AAC 50.508.
0
g. Adding in numerical order entry 18 AAC 50.510.
0
h. Revising entries 18 AAC 50.540 through 18 AAC 50.546.
0
i. Revising entry 18 AAC 50.990.
0
j. Removing entry Sec. 46.14.510.
0
k. Revising entries Sec. 46.14.550 and Sec. 46.14.990.
    The revisions and additions read as follows:


Sec.  52.70  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Alaska Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                          State
         State citation              Title/Subject      effective    EPA Approval date         Explanations
                                                           date
----------------------------------------------------------------------------------------------------------------
   Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
18 AAC 50.010...................  Ambient Air Quality       1/4/13  9/19/14............  except (7) and (8).
                                   Standards.                       [Insert Federal
                                                                     Register citation].
18 AAC 50.015...................  Air Quality              12/9/10  9/19/14............
                                   Designations,                    [Insert Federal
                                   Classifications,                  Register citation].
                                   and Control
                                   Regions.
18 AAC 50.020...................  Baseline Dates and        1/4/13  9/19/14............
                                   Maximum Allowable                [Insert Federal
                                   Increases.                        Register citation].
 
                                                  * * * * * * *
18 AAC 50.035...................  Documents,                1/4/13  9/19/14............  except (a)(6) and
                                   Procedures and                   [Insert Federal       (b)(4).
                                   Methods Adopted by                Register citation].
                                   Reference.
18 AAC 50.040...................  Federal Standards        1/4/13;  9/19/14............  except (a), (b), (c),
                                   Adopted by              12/3/05  [Insert Federal       (d), (e), (g),
                                   Reference.                        Register             (h)(21), (i)(7),
                                                                     citation];.          (i)(8), (i)(9), (j),
                                                                    72 FR 45378 (8/14/    and (k).
                                                                     07).
 

[[Page 56273]]

 
                                                  * * * * * * *
18 AAC 50.050...................  Incinerator              7/25/08  9/19/14............
                                   Emission Standards.              [Insert Federal
                                                                     Register citation].
18 AAC 50.055...................  Industrial               12/9/10  9/19/14............  except (d)(2)(B).
                                   Processes and Fuel-              [Insert Federal
                                   Burning Equipment.                Register citation].
 
                                                  * * * * * * *
18 AAC 50.215...................  Ambient Air Quality      1/4/13;  9/19/14............  except (a)(4)
                                   Analysis Methods.       10/1/04  [Insert Federal
                                                                     Register
                                                                     citation];.
                                                                    72 FR 45378 (8/14/
                                                                     07).
18 AAC 50.220...................  Enforceable Test         9/14/12  9/19/14............  except (c)(1)(A), (B),
                                   Methods.                         [Insert Federal       (C), and (c)(2).
                                                                     Register citation].
18 AAC 50.225...................  Owner-Requested          9/14/12  9/19/14............
                                   Limits.                          [Insert Federal
                                                                     Register citation].
 
                                                  * * * * * * *
18 AAC 50.302...................  Construction             9/14/12  9/19/14............  except (a)(3).
                                   Permits.                         [Insert Federal
                                                                     Register citation].
18 AAC 50.306...................  Prevention of             1/4/13  9/19/14............
                                   Significant                      [Insert Federal
                                   Deterioration                     Register citation].
                                   (PSD) Permits.
 
                                                  * * * * * * *
18 AAC 50.345...................  Construction, Minor      9/14/12  9/19/14............  except (b), (c)(3), and
                                   and Operating                    [Insert Federal       (l).
                                   Permits: Standard                 Register citation].
                                   Permit Conditions.
----------------------------------------------------------------------------------------------------------------
                                         18 AAC 50 Article 4. User Fees
----------------------------------------------------------------------------------------------------------------
18 AAC 50.400...................  Permit                    9/4/12  9/19/14............  except (a), (b), (c),
                                   Administration                   [Insert Federal       (d), (f), (j)(1)
                                   Fees.                             Register citation].  through (18), (j)(21)
                                                                                          through (23), and (k).
 
                                                  * * * * * * *
18 AAC 50.502...................  Minor Permits for         1/4/13  9/19/14............
                                   Air Quality                      [Insert Federal
                                   Protection.                       Register citation].
18 AAC 50.508...................  Minor Permits            12/9/10  9/19/14............
                                   Requested by the                 [Insert Federal
                                   Owner or Operator.                Register citation].
18 AAC 50.510...................  Minor Permit: 18         12/9/10  9/19/14............
                                   AAC 50.510 Minor                 [Insert Federal
                                   Permit--Title V                   Register citation].
                                   Permit Interface.
18 AAC 50.540...................  Minor Permit:             1/4/13  9/19/14............
                                   Application.                     [Insert Federal
                                                                     Register citation].
18 AAC 50.542...................  Minor Permit:             1/4/13  9/19/14............  except (b)(2).
                                   Review and                       [Insert Federal
                                   Issuance.                         Register citation].
18 AAC 50.544...................  Minor Permits:           12/9/10  9/19/14............
                                   Content.                         [Insert Federal
                                                                     Register citation].
18 AAC 50.546...................  Minor Permits:           7/15/08  9/19/14............  except (b).
                                   Revisions.                       [Insert Federal
                                                                     Register citation].
 
                                                  * * * * * * *
18 AAC 50.990...................  Definitions........      9/14/12  9/19/14............  except (92) as it
                                                                    [Insert Federal       relates to 18 AAC
                                                                     Register citation].  50.040(i).
 

[[Page 56274]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                 Alaska Statutes
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
         Title 46 Water, Air, Energy, and Environmental Conservation, Chapter 46.14. Air Quality Control
----------------------------------------------------------------------------------------------------------------
Sec. 46.14.550..................  Responsibilities of       1/4/13  9/19/14............
                                   Owner and Operator.              [Insert Federal
                                                                     Register citation].
 
                                                  * * * * * * *
Sec. 46.14.990..................  Definitions........       1/4/13  9/19/14............  except (1) (3), (6),
                                                                    [Insert Federal       (7), (9) (14), (19)
                                                                     Register citation].  (26), and (28).
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.96 is amended by revising paragraph (a) to read as 
follows:


Sec.  52.96  Significant deterioration of air quality.

    (a) The State of Alaska Department of Environmental Conservation 
Air Quality Control Regulations are approved as meeting the 
requirements of 40 CFR 51.166 and this part for preventing significant 
deterioration of air quality. The specific provisions approved are: 18 
AAC 50.010 except (7) and (8), 18 AAC 50.020, 18 AAC 50.035 (a)(4) and 
(5) and (b)(1) (but only with respect to the incorporation by reference 
of 40 CFR part 50, appendix P), 18 AAC 50.040(h) except (7) and (9), 
and 18 AAC 50.306 as in effect on January 4, 2013; 18 AAC 50.215 except 
(a)(4) and (d), 18 AAC 50.345 except (b), (c)(3) and (l), and 18 AAC 
50.990 except (92) as it relates to 18 AAC 50.040(i)) as in effect on 
September 14, 2012; 18 AAC 50.015 as in effect on December 9, 2010; 18 
AAC 50.040 (7) and (9) as in effect on December 3, 2005; and 18 AAC 
50.215(d) and 18 AAC 50.250 as in effect on October 1, 2004.
* * * * *
[FR Doc. 2014-22165 Filed 9-18-14; 8:45 am]
BILLING CODE 6560-50-P