Approval and Promulgation of Implementation Plans; Alaska: Nonattainment New Source Review, 832-833 [2014-30956]
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Federal Register / Vol. 80, No. 4 / Wednesday, January 7, 2015 / Rules and Regulations
(6) Vessel Movement Reporting
System (VMRS) users are prohibited
from meeting or overtaking other vessels
when transiting alongside an active
work area where dredging and drilling
equipment are being operated.
(c) Effective and enforcement period.
This regulation is effective and
enforceable 24 hours a day from 12:01
a.m. on December 2, 2014 until 11:59
p.m. on October 31, 2018.
(d) Notification. The Coast Guard will
rely on the methods described in 33
CFR 165.7 to notify the public of the
time and duration of any closure of the
RNA. Violations of this RNA may be
reported to the COTP at 718–354–4353
or on VHF-Channel 16.
Dated: December 2, 2014.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2014–29856 Filed 1–6–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2014–0753; FRL–9921–40–
Region 10]
Approval and Promulgation of
Implementation Plans; Alaska:
Nonattainment New Source Review
AGENCY:
Table of Contents
Environmental Protection
Agency.
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the Alaska State
Implementation Plan (SIP) submitted by
the Commissioner of the Alaska
Department of Environmental
Conservation (ADEC) on December 11,
2009, November 29, 2010, December 10,
2012, January 28, 2013, July 1, 2014,
and October 24, 2014, to meet Clean Air
Act (CAA) requirements. These
revisions update Alaska’s adoption by
reference of the Federal preconstruction
permitting regulations for large
industrial (major source) facilities
located in designated nonattainment
areas, referred to as the Nonattainment
New Source Review (major NNSR)
program. The major NNSR program is
designed to ensure that major stationary
sources of air pollution are constructed
or modified in a manner that is
consistent with attainment and
maintenance of the National Ambient
Air Quality Standards (NAAQS).
DATES: This final rule is effective on
February 6, 2015.
rljohnson on DSK3VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
12:56 Jan 06, 2015
Jkt 235001
The EPA has established a
docket for this action under Docket
Identification No. EPA–R10–OAR–
2014–0753. 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–150, 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.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
ADDRESSES:
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
The EPA proposed action on revisions
to the Alaska SIP related to major NNSR
in a notice of proposed rulemaking
published on November 4, 2014 (79 FR
65366). In general, the revisions update
the adoption by reference of 40 CFR
51.165 in 18 AAC 50.040(i), which is
relied on as part of Alaska’s
nonattainment area major stationary
source permit provisions in 18 AAC
50.311. The revisions were submitted by
ADEC on December 11, 2009, November
29, 2010, December 10, 2012, January
28, 2013, July 1, 2014, and October 24,
2014. Please see EPA’s November 4,
2014 proposed rulemaking (79 FR
65366) for further explanation of the
revisions and the basis for our approval.
II. Response to Comments
The EPA received one comment letter
on the November 4, 2014 (79 FR 65366),
proposed rule. The comment letter,
submitted by ADEC, states that it
supports the EPA’s proposed action.
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
The EPA acknowledges ADEC’s support
of this action.
III. Final Action
Provisions the EPA Is Approving and
Incorporating by Reference
Consistent with the discussion and
analysis in the proposed rulemaking
published on November 4, 2014, the
EPA is approving into the SIP at 40 CFR
part 52, subpart C, 18 AAC 50.040(i) and
18 AAC 50.990, as in effect on
November 9, 2014. Where the same
provision has been amended on
multiple occasions and submitted in
more than one submittal, we are
approving the most recently submitted
amendment to any particular provision.
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
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves State law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by State law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
E:\FR\FM\07JAR1.SGM
07JAR1
833
Federal Register / Vol. 80, No. 4 / Wednesday, January 7, 2015 / Rules and Regulations
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
this action does not involve technical
standards; and
• does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian Tribe has demonstrated that a
Tribe has jurisdiction. In those areas of
Indian country, the rule does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 9, 2015. 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: December 23, 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 revising entries ‘‘18 AAC
50.040’’ and ‘‘18 AAC 50.990’’ to 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 Article 1. Ambient Air Quality Management
*
18 AAC 50.040 ...............
*
*
*
18 AAC 50.990 ...............
*
*
*
*
Federal Standards
Adopted by Reference.
*
11/9/14
*
*
1/7/15 ............................
[Insert Federal Register
citation];
*
*
except (a), (b), (c), (d), (e), (g), (h)(21), (j), and
(k).
*
*
*
18 AAC 50 Article 9. General Provisions
*
*
Definitions .....................
*
*
*
11/9/14
*
*
*
*
*
*
[FR Doc. 2014–30956 Filed 1–6–15; 8:45 am]
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BILLING CODE 6560–50–P
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Jkt 235001
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*
*
*
*
1/7/15 ............................
[Insert Federal Register
citation].
*
*
]]>Agencies
[Federal Register Volume 80, Number 4 (Wednesday, January 7, 2015)]
[Rules and Regulations]
[Pages 832-833]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30956]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2014-0753; FRL-9921-40-Region 10]
Approval and Promulgation of Implementation Plans; Alaska:
Nonattainment New Source Review
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) submitted by the Commissioner of the Alaska Department of
Environmental Conservation (ADEC) on December 11, 2009, November 29,
2010, December 10, 2012, January 28, 2013, July 1, 2014, and October
24, 2014, to meet Clean Air Act (CAA) requirements. These revisions
update Alaska's adoption by reference of the Federal preconstruction
permitting regulations for large industrial (major source) facilities
located in designated nonattainment areas, referred to as the
Nonattainment New Source Review (major NNSR) program. The major NNSR
program is designed to ensure that major stationary sources of air
pollution are constructed or modified in a manner that is consistent
with attainment and maintenance of the National Ambient Air Quality
Standards (NAAQS).
DATES: This final rule is effective on February 6, 2015.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R10-OAR-2014-0753. 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-150, 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.
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 revisions to the Alaska SIP related to
major NNSR in a notice of proposed rulemaking published on November 4,
2014 (79 FR 65366). In general, the revisions update the adoption by
reference of 40 CFR 51.165 in 18 AAC 50.040(i), which is relied on as
part of Alaska's nonattainment area major stationary source permit
provisions in 18 AAC 50.311. The revisions were submitted by ADEC on
December 11, 2009, November 29, 2010, December 10, 2012, January 28,
2013, July 1, 2014, and October 24, 2014. Please see EPA's November 4,
2014 proposed rulemaking (79 FR 65366) for further explanation of the
revisions and the basis for our approval.
II. Response to Comments
The EPA received one comment letter on the November 4, 2014 (79 FR
65366), proposed rule. The comment letter, submitted by ADEC, states
that it supports the EPA's proposed action. The EPA acknowledges ADEC's
support of this action.
III. Final Action
Provisions the EPA Is Approving and Incorporating by Reference
Consistent with the discussion and analysis in the proposed
rulemaking published on November 4, 2014, the EPA is approving into the
SIP at 40 CFR part 52, subpart C, 18 AAC 50.040(i) and 18 AAC 50.990,
as in effect on November 9, 2014. Where the same provision has been
amended on multiple occasions and submitted in more than one submittal,
we are approving the most recently submitted amendment to any
particular provision.
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 CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National
[[Page 833]]
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note)
because this action does not involve technical standards; and
does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian Tribe
has demonstrated that a Tribe has jurisdiction. In those areas of
Indian country, the rule does not have Tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 9, 2015. 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: December 23, 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 revising
entries ``18 AAC 50.040'' and ``18 AAC 50.990'' to 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 Article 1. Ambient Air Quality Management
* * * * * * *
18 AAC 50.040................... Federal Standards 11/9/14 1/7/15............. except (a), (b), (c),
Adopted by [Insert Federal (d), (e), (g),
Reference. Register (h)(21), (j), and (k).
citation];.
* * * * * * *
18 AAC 50 Article 9. General Provisions
* * * * * * *
18 AAC 50.990................... Definitions........ 11/9/14 1/7/15............. .......................
[Insert Federal
Register citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2014-30956 Filed 1-6-15; 8:45 am]
BILLING CODE 6560-50-P
