Approval and Promulgation of Implementation Plans; Alaska, 56268-56274 [2014-22165]
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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 https://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
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SUMMARY:
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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:
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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 https://
www.regulations.gov Web site. Although
listed in the index, some information
may not be publicly available, i.e.,
Confidential Business Information or
other information the disclosure of
which is restricted by statute. Certain
other material, such as copyrighted
material, is not placed on the Internet
and will be publicly available only in
hard copy form. Publicly available
docket materials are available either
electronically through https://
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.
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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.
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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
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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
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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
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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 ..............
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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 ..............
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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 ..................................
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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
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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).
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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.
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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).
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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
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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);
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• 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.
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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.
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1/4/13
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12/3/05
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*
*
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).
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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 ...............
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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
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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
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*
*
except (b)(2).
except (b).
*
*
except (92) as it relates to 18 AAC 50.040(i).
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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]
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BILLING CODE 6560–50–P
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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:
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*
*
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:
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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 https://www.regulations.gov Web site. Although
listed in the index, some information may not be publicly available,
i.e., Confidential Business Information or other information the
disclosure of which is restricted by statute. Certain other material,
such as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through https://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
