Approval and Promulgation of Implementation Plans; Alaska: Updates to Incorporation by Reference and Miscellaneous Revisions, 11497-11500 [2016-04753]
Download as PDF
Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Proposed Rules
jstallworth on DSK7TPTVN1PROD with PROPOSALS
comment.2 Specifically, FinCEN
proposed to prohibit covered financial
institutions from establishing,
maintaining, administering, or
managing in the United States any
correspondent account for, or on behalf
of, BPA. FinCEN also proposed to
require a covered financial institution to
apply special due diligence to all of its
foreign correspondent accounts that is
reasonably designed to guard against
processing transactions involving BPA.
Among other things, covered financial
institutions would have been required
to notify those foreign correspondent
account holders that the covered
financial institutions know or have
reason to know provide services to BPA
that such correspondents may not
provide BPA with access to the
correspondent account maintained at
the covered financial institution.
III. Subsequent Developments
Significant developments regarding
BPA have occurred since FinCEN
announced its finding and related
NPRM regarding BPA, as described
below. As a result, BPA is no longer
operating as a financial institution that
poses a money laundering threat to the
U.S. financial system.
On March 11, 2015, the Institut
`
Nacional Andorra de Finances
(‘‘INAF’’), the Andorran regulator and
supervisor of financial institutions,
appointed two INAF representatives to
oversee BPA’s operations. On March 12,
2015, the INAF suspended the authority
of BPA’s board of directors, the chief
executive officer and two other senior
managers and appointed special
administrators to assume full control of
BPA. On March 13, 2015, Andorran law
enforcement arrested BPA’s chief
executive officer in Andorra on
suspicion of money laundering.
The next month, in April 2015, the
Andorran parliament enacted a law
regarding the restructuring and
resolution of banks, which created a
`
new government agency, Agencia
´
`
Estatal de Resolucio d’Entitats Bancaries
(‘‘AREB’’), for that purpose. On April
27, 2015, AREB took over control of
BPA.3 In June 2015, AREB approved a
resolution plan for BPA, under which
the bank’s ‘‘good’’ and ‘‘bad’’ assets,
liabilities, and clients would be
separated. Under the resolution plan,
the ‘‘good’’ assets, liabilities, and clients
are to be transferred to a bridge bank,
2 80 FR 13,304 (Mar. 13, 2015) (RIN 1506–AB30).
FinCEN publicly announced the finding and NPRM
on March 10, 2015.
3 Press Release, AREB, AREB Assumes the
Tutelage of BPA, April 27, 2015, (https://areb.ad/
images/areb/comunicats/
27042015_AREB_ENG.pdf)
VerDate Sep<11>2014
14:02 Mar 03, 2016
Jkt 238001
and the bridge bank sold.4 In July 2015,
AREB announced the creation of the
bridge bank, named Vall Banc, to
receive the transfer of BPA’s legitimate
assets, liabilities, and clients. Vall Banc
is wholly-owned by AREB, is registered
with the INAF, and is supervised by
Andorran banking supervisory
authorities. Vall Banc will not employ
the high-level BPA managers described
in FinCEN’s Notice of Finding. In
addition, any other person who has
been or may be identified as related to
the issues described in the Notice of
Finding will not be employed at Vall
Banc.
After the good assets, liabilities, and
clients are transferred from BPA to Vall
Banc, BPA will remain under the
control of AREB. FinCEN understands
that BPA will not be reactivated as an
operational financial institution at any
point except to facilitate the finalization
of the resolution process. AREB, in
coordination with other authorities in
Andorra, ultimately intends to liquidate
BPA following the resolution of judicial
proceedings in Andorra and other
jurisdictions.
IV. Withdrawal of the NPRM
Because of these subsequent
developments, BPA no longer operates
in a manner that poses a money
laundering threat to the U.S. financial
system. FinCEN has determined that the
steps taken by the authorities in
Andorra sufficiently protect the U.S.
financial system from the money
laundering risks previously associated
with BPA. FinCEN therefore has
determined that BPA no longer is a
primary money laundering concern and
will not impose any special measures
under Section 311 with respect to BPA.
For these reasons, FinCEN hereby
withdraws its NPRM published on
March 13, 2015, and announced on
March 10, 2015, seeking to impose the
fifth special measure regarding BPA.
Jamal El-Hindi,
Deputy Director, Financial Crimes
Enforcement Network.
[FR Doc. 2016–04768 Filed 3–3–16; 8:45 am]
BILLING CODE 4810–02–P
4 Press Release, AREB, AREB Will Create a ‘Good
Bank’ with Legitimate Assets and Liabilities
Segregated from BPA, June 15, 2015, (https://
areb.ad/images/areb/comunicats/
15062015_AREB_ENG.pdf)
PO 00000
Frm 00044
Fmt 4702
Sfmt 4702
11497
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2015–0353, FRL–9943–24–
Region 10]
Approval and Promulgation of
Implementation Plans; Alaska:
Updates to Incorporation by Reference
and Miscellaneous Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) proposes to approve
certain State Implementation Plan
revisions submitted by Alaska on May
12, 2015. The revisions updated the
incorporation by reference of certain
Federal provisions, revised rules to
reflect changes to Federal permitting
requirements and the 2013
redesignation of the Mendenhall Valley
area of Juneau, and made minor
clarifications. We note that the May 12,
2015 submission also addressed
transportation conformity and
infrastructure requirements. These
requirements are not being addressed in
this action. We approved the
transportation conformity revisions in a
previous action on September 8, 2015
and we intend to address the
infrastructure requirements in a
separate, future action.
DATES: Comments must be received on
or before April 4, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2015–0353, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from https://
www.regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
the disclosure of which is restricted by
statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a
written comment. The written comment
is considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e. on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
SUMMARY:
E:\FR\FM\04MRP1.SGM
04MRP1
11498
Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Proposed Rules
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Docket: All documents in the
electronic docket are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information 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 at https://
www.regulations.gov or in hard copy
during normal business hours at the
Office of Air, Waste and Toxics, EPA
Region 10, 1200 Sixth Avenue, Seattle,
Washington 98101.
FOR FURTHER INFORMATION CONTACT:
Kristin Hall at (206) 553–6357 or
hall.kristin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
Table of Contents
jstallworth on DSK7TPTVN1PROD with PROPOSALS
I. Background
II. Analysis of Rule Updates
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
Section 110 of the Clean Air Act
(CAA) governs the process by which a
state submits air quality requirements to
the EPA for approval into the State
Implementation Plan (SIP). The SIP is a
state’s plan to implement, maintain and
enforce the National Ambient Air
Quality Standards (NAAQS) set by the
EPA. Alaska’s air quality regulations are
set forth at Alaska Administrative Code
Title 18 Environmental Conservation,
Chapter 50 Air Quality Control (18 AAC
50). Alaska regularly revises these and
other rules to implement, maintain and
enforce the standards.
We note that Alaska incorporates by
reference portions of certain Federal
regulations directly into the Alaska SIP.
Alaska generally submits an annual
update to the EPA to ensure that its
rules stay consistent with Federal
requirements. On May 12, 2015, Alaska
submitted such an update, and included
other revisions to account for changes to
Federal permitting rules and the 2013
redesignation of the Mendenhall Valley
area of Juneau. Alaska also included
some minor rule clarifications and edits.
We note that the May 12, 2015
submission also addressed
transportation conformity and
infrastructure-related requirements.
These requirements are not being
VerDate Sep<11>2014
14:02 Mar 03, 2016
Jkt 238001
addressed in this action. We previously
approved the transportation conformity
revisions on September 8, 2015 (80 FR
53735). We intend to address the
infrastructure requirements in a
separate, future action.
II. Analysis of Rule Updates
Ambient Air Quality Standards—18
AAC 50.010
In the Ambient Air Quality Standards
rule section, Alaska revised paragraph
(1)(A) to reference the appropriate
Federal interpretation method for
determining compliance with the 24hour standard for particulate matter
with an aerodynamic diameter less than
or equal to a nominal 10 micrometers
(PM10). The interpretation method is
specified at 40 CFR part 50, Appendix
K, and Alaska incorporates this
provision by reference into the Alaska
SIP at 18 AAC 50.035(b). We are
proposing to approve this revision.
We note that, consistent with our
September 19, 2014 action, we are not
approving paragraphs (7) and (8) of this
section, which establish state ambient
air quality standards for reduced sulfur
compounds and ammonia (79 FR
56268). These are not NAAQS
established under section 109 of the
CAA and Alaska has not relied on these
provisions to demonstrate attainment or
maintenance of the NAAQS or to meet
other specific requirements of section
110 of the CAA.
Air Quality Designations—18 AAC
50.015
Alaska revised paragraphs (b)(2) and
(e) of the Air Quality Designations,
Classifications, and Control Regions
rule section to reflect the redesignation
of the Mendenhall Valley area of Juneau
to attainment for the 24-hour PM10
NAAQS. The EPA approved Alaska’s
maintenance plan and request to
redesignate the area on May 9, 2013 (78
FR 27071). We are proposing to approve
the update to this rule section to reflect
the redesignation.
Baseline Dates and Maximum Allowable
Increases—18 AAC 50.020
Alaska updated Table 2 in paragraph
(a) of the Baseline Dates and Maximum
Allowable Increases rule section to set
the minor source baseline date for fine
particulate matter (PM2.5) for the
Northern Alaska Intrastate Air Quality
Control Region. This baseline date is
calculated based on a trigger date set in
Federal major source permitting
regulations. The baseline date is
calculated as the date on which the first
complete Prevention of Significant
Deterioration (PSD) permit application
PO 00000
Frm 00045
Fmt 4702
Sfmt 4702
is received after the EPA trigger date—
which for PM2.5 is October 20, 2011. For
this region of Alaska, the minor source
baseline date is November 2, 2012.
Emission changes at sources after this
date consume the PM2.5 PSD increment.
We are proposing to approve this rule
revision.
Documents, Procedures and Methods
Adopted by Reference—18 AAC 50.035
Alaska submitted revisions to
paragraphs (a) and (b) of the Documents,
Procedures and Methods Adopted by
Reference rule section to include the
Quality Assurance Handbook for Air
Pollutant Measurement Systems and the
Federal reference method for measuring
carbon monoxide in ambient air. Alaska
also repealed the section’s reference to
a Federal monitoring provision that was
likewise repealed. The revisions update
the incorporation by reference of
specific Federal procedures and
methods into the Alaska SIP, as of
February 27, 2014. We are proposing to
approve the submitted revisions.
We note that, consistent with our
September 19, 2014 action, we are not
approving paragraph (a)(6) of this rule
section because the provision
implements requirements of title V of
the CAA and not requirements of
section 110 of title I of the CAA. We are
also not approving paragraph (b)(4)
which specifies test methods related to
40 CFR part 63 because it is not related
to attainment or maintenance of the
NAAQS or other specific requirements
of section 110 of the CAA (79 FR
56268).
Federal Standards Adopted by
Reference—18 AAC 50.040
Alaska submitted revisions to
paragraphs (f) and (h) of the Federal
Standards Adopted by Reference rule
section to update the citation dates for
the adoption by reference of the Federal
Guideline on Air Quality Models at
paragraph (f) and the Federal PSD
permitting requirements at paragraph
(h). We are proposing to approve the
changes to 18 AAC 50.040(f) and (h)
because they update the Alaska SIP to
reflect recent changes to Federal
requirements, including the EPA’s final
rule to remove specific screening
provisions from PSD regulations that
were vacated by a court and
subsequently repealed by the EPA, as
discussed below.
On January 22, 2013, the U.S. Court
of Appeals for the District of Columbia,
in Sierra Club v. EPA, 703 F.3d 458
(D.C. Cir. 2013), issued a judgment that,
among other things, vacated the
provisions adding the PM2.5 Significant
Monitoring Concentration (SMC) to the
E:\FR\FM\04MRP1.SGM
04MRP1
jstallworth on DSK7TPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Proposed Rules
Federal regulations, at 40 CFR
51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c),
that were promulgated as part of the
‘‘Prevention of Significant Deterioration
(PSD) for Particulate Matter Less than
2.5 Micrometers (PM2.5)—Increments,
Significant Impact Levels (SILs) and
Significant Monitoring Concentration
(SMC); Final Rule,’’ (75 FR 64864,
October 10, 2010) (2010 PSD PM2.5
Implementation Rule).
In its decision, the court held that the
EPA did not have the authority to use
SMCs to exempt permit applicants from
statutory requirements related to PSD.
Although the PM2.5 SMC was not a
required element of a state’s PSD
program, were a state PSD program that
contains such a provision to rely on that
provision to issue new permits without
requiring ambient PM2.5 monitoring
data, such application of the vacated
SMC would be inconsistent with the
court’s opinion and the requirements of
the CAA.
This decision also—at the EPA’s
request—vacated and remanded to the
EPA for further consideration the
portions of the 2010 PSD PM2.5
Implementation Rule that revised
certain Federal regulations related to
Significant Impact Levels (SILs) for
PM2.5. The EPA requested this vacatur
and remand of two of the three
provisions in the EPA regulations that
contain SILs for PM2.5, because the
wording of these two SIL provisions (40
CFR 51.166(k)(2) and 40 CFR
52.21(k)(2)) is inconsistent with the
explanation of when and how SILs
should be used by permitting authorities
that we provided in the preamble to the
Federal Register publication when we
promulgated these provisions. The third
SIL provision (40 CFR 51.165(b)(2)) was
not vacated and remains in effect. The
court’s decision does not affect the PSD
increments for PM2.5 promulgated as
part of the 2010 PSD PM2.5
Implementation Rule.
The EPA amended its regulations to
remove the vacated PM2.5 SILs and SMC
provisions from PSD regulations on
December 9, 2013 (78 FR 73698). In
addition, the EPA is initiating a separate
rulemaking regarding the PM2.5 SILs that
will address the court’s remand.
In the May 12, 2015 submission,
Alaska updated the citation date for the
incorporation by reference of Federal
PSD permitting rules to December 9,
2013, to capture the EPA’s removal of
the vacated SILs and SMC provisions. In
addition, Alaska submitted changes to
the Ambient Air Quality Analysis
Methods rule section at 18 AAC 50.215
to address the court vacatur. These
changes are discussed below. We are
proposing to approve the changes to 18
VerDate Sep<11>2014
14:02 Mar 03, 2016
Jkt 238001
AAC 50.040(h) and 18 AAC 50.215 as
being consistent with the court decision
and revised EPA regulations for the
PM2.5 SMC and SILs.
Ambient Air Quality Analysis
Methods—18 AAC 50.215
Alaska revised paragraph (a)(3) of the
Ambient Air Quality Analysis Methods
rule section to include a reference to the
Quality Assurance Project Plan for the
State of Alaska Air Monitoring and
Quality Assurance Program (QAPP) for
meteorological data, as adopted by
reference in 18 AAC 50.030. We are
proposing to approve the revision
because the EPA has reviewed and
approved the QAPP through a separate
quality assurance/quality control review
process.
Alaska revised paragraph (d) of this
section, intending to align the rule
language with the explanation of when
and how SILs should be used by
permitting authorities that the EPA
provided in the preamble to the Federal
Register publication when the
provisions were originally promulgated
(October 20, 2010, 75 FR 64864). Alaska
also updated the SILs table in paragraph
(d), adding SILs for the annual and 24hour PM2.5 NAAQS, and for 1-hour
sulfur dioxide (SO2) and nitrogen
dioxide (NO2) NAAQS. The SILs values
in the table are consistent with the
EPA’s implementing regulations at 40
CFR 51.165(b) and the EPA’s NO2 and
SO2 guidance and recommended
interim SILs for the 1-hour NO2 and 1hour SO2 NAAQS. We are proposing to
approve the revisions as being
consistent with the January 22, 2013,
court decision vacating the PM2.5 SILs
and SMC discussed above.
Consistent with our previous actions
on the Alaska SIP, the EPA is proposing
not to approve paragraph (a)(4), which
authorizes the Alaska Department of
Environmental Conservation to approve
any alternative method that it
determines is ‘‘representative, accurate,
verifiable, capable of replication.’’ In
essence, this subparagraph allows the
department to modify requirements
relied on to attain and maintain the
NAAQS without a SIP revision. For
additional discussion, please see the
technical support documents for our
previous actions on September 19, 2014
(79 FR 56268) and on August 14, 2007
(72 FR 45378). See also 78 FR 12460,
12485–86 (Feb. 22, 2013).
III. Proposed Action
We are proposing to approve and
incorporate by reference into the Alaska
SIP the following revised provisions,
state effective April 17, 2015:
PO 00000
Frm 00046
Fmt 4702
Sfmt 4702
11499
• 18 AAC 50.010 Ambient Air
Quality Standards, except paragraphs
(7) and (8);
• 18 AAC 50.015 Air Quality
Designations, Classifications, and
Control Regions;
• 18 AAC 50.020 Baseline Dates and
Maximum Allowable Increases;
• 18 AAC 50.035 Documents,
Procedures and Methods Adopted by
Reference, except paragraphs (a)(6) and
(b)(4);
• 18 AAC 50.040 Federal Standards
Adopted by Reference, except (a), (b),
(c), (d), (e), (g), (i), (j), and (k); and
• 18 AAC 50.215 Ambient Air
Quality Analysis Methods, except (a)(4).
We note that we previously approved
the submitted rule revisions related to
transportation conformity at 18 AAC
50.700 through 18 AAC 50.750 and 18
AAC 50.990 on September 8, 2015 (80
FR 53735).
IV. Incorporation by Reference
In this rule, we are proposing to
include in a final rule regulatory text
that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, we are
proposing to incorporate by reference
the provisions described above in
Section VI. Proposed Action.
The EPA has made, and will continue
to make, these documents generally
available electronically through https://
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
V. 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 proposed
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 proposed 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
E:\FR\FM\04MRP1.SGM
04MRP1
11500
Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Proposed Rules
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
it 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), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
Authority: 42 U.S.C. 7401 et seq.
Dated: February 17, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2016–04753 Filed 3–3–16; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
14:02 Mar 03, 2016
Jkt 238001
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 63
[IB Docket Nos. 11–80, 10–95, 05–254, RM–
11322; FCC 16–13]
International Settlements Policy
Reform
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, based on
recent State Department guidance, the
Federal Communications Commission
(Commission) proposes to remove the
nondiscrimination prong of the
International Settlements Policy (ISP)
on the U.S.-Cuba route and the
nondiscrimination requirement
condition placed on the waiver of
benchmark settlements for the U.S.Cuba route by the TeleCuba Waiver
Order. Removal of these
nondiscrimination requirements would
allow U.S. carriers to enter into
individualized contracts with the Cuban
carrier.
DATES: Submit comments on or before
April 4, 2016, and replies on or before
April 18, 2016.
ADDRESSES: You may submit comments,
identified by Docket Nos. 11–80, 10–95,
05–254 and RM–11322, by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s ECFS Web site: https://
fjallfoss.fcc.gov/ecfs2/. Follow the
instructions for submitting comments.
• People With Disabilities: Contact
the FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email to FCC504@
fcc.gov, phone: 202–418–0530 (voice),
tty: 202–418–0432.
For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
David Krech or Jodi Cooper,
Telecommunications and Analysis
Division, International Bureau, FCC,
(202) 418–1480 or via email to
David.Krech@fcc.gov, Jodi.Cooper@
fcc.gov. On PRA matters, contact Cathy
Williams, Office of the Managing
Director, FCC, (202) 418–2918 or via
email to Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Further
SUMMARY:
PO 00000
Frm 00047
Fmt 4702
Sfmt 4702
Notice of Proposed Rulemaking in IB
Docket Nos. 11–80, 10–95, 05–254 and
RM–11322, FCC 16–13, adopted on
February 10, 2016 and released on
February 12, 2016. The full text of this
document is available for inspection
and copying during normal business
hours in the FCC Reference Center, 445
12th Street SW., Washington, DC 20554.
The document also is available for
download over the Internet at https://
apps.fcc.gov/edocs_public/attachmatch/
FCC-16-13A1.pdf.
Comment Filing Procedures
Pursuant to §§ 1.415, 1.419, interested
parties may file comments and reply
comments on or before the dates
indicated above. Comments may be filed
using the Commission’s Electronic
Comment Filing System (ECFS). See
Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121
(1998).
• Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the Commission’s ECFS Web
site at https://apps.fcc.gov/ecfs/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
each additional docket or rulemaking
number. Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St. SW., Room TW–A325,
Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes and boxes must be disposed
of before entering the building.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights,
MD 20743.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street SW.,
Washington DC 20554.
Summary of Further Notice of Proposed
Rulemaking
1. The Further Notice of Proposed
Rulemaking (FNPRM) proposes to
remove the nondiscrimination
E:\FR\FM\04MRP1.SGM
04MRP1
Agencies
[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Proposed Rules]
[Pages 11497-11500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04753]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2015-0353, FRL-9943-24-Region 10]
Approval and Promulgation of Implementation Plans; Alaska:
Updates to Incorporation by Reference and Miscellaneous Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
certain State Implementation Plan revisions submitted by Alaska on May
12, 2015. The revisions updated the incorporation by reference of
certain Federal provisions, revised rules to reflect changes to Federal
permitting requirements and the 2013 redesignation of the Mendenhall
Valley area of Juneau, and made minor clarifications. We note that the
May 12, 2015 submission also addressed transportation conformity and
infrastructure requirements. These requirements are not being addressed
in this action. We approved the transportation conformity revisions in
a previous action on September 8, 2015 and we intend to address the
infrastructure requirements in a separate, future action.
DATES: Comments must be received on or before April 4, 2016.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2015-0353, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from https://www.regulations.gov. The EPA may
publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information the disclosure of which is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e. on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit
[[Page 11498]]
https://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
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 at
https://www.regulations.gov or in hard copy during normal business hours
at the Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth
Avenue, Seattle, Washington 98101.
FOR FURTHER INFORMATION CONTACT: Kristin Hall at (206) 553-6357 or
hall.kristin@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
Table of Contents
I. Background
II. Analysis of Rule Updates
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
Section 110 of the Clean Air Act (CAA) governs the process by which
a state submits air quality requirements to the EPA for approval into
the State Implementation Plan (SIP). The SIP is a state's plan to
implement, maintain and enforce the National Ambient Air Quality
Standards (NAAQS) set by the EPA. Alaska's air quality regulations are
set forth at Alaska Administrative Code Title 18 Environmental
Conservation, Chapter 50 Air Quality Control (18 AAC 50). Alaska
regularly revises these and other rules to implement, maintain and
enforce the standards.
We note that Alaska incorporates by reference portions of certain
Federal regulations directly into the Alaska SIP. Alaska generally
submits an annual update to the EPA to ensure that its rules stay
consistent with Federal requirements. On May 12, 2015, Alaska submitted
such an update, and included other revisions to account for changes to
Federal permitting rules and the 2013 redesignation of the Mendenhall
Valley area of Juneau. Alaska also included some minor rule
clarifications and edits.
We note that the May 12, 2015 submission also addressed
transportation conformity and infrastructure-related requirements.
These requirements are not being addressed in this action. We
previously approved the transportation conformity revisions on
September 8, 2015 (80 FR 53735). We intend to address the
infrastructure requirements in a separate, future action.
II. Analysis of Rule Updates
Ambient Air Quality Standards--18 AAC 50.010
In the Ambient Air Quality Standards rule section, Alaska revised
paragraph (1)(A) to reference the appropriate Federal interpretation
method for determining compliance with the 24-hour standard for
particulate matter with an aerodynamic diameter less than or equal to a
nominal 10 micrometers (PM10). The interpretation method is
specified at 40 CFR part 50, Appendix K, and Alaska incorporates this
provision by reference into the Alaska SIP at 18 AAC 50.035(b). We are
proposing to approve this revision.
We note that, consistent with our September 19, 2014 action, we are
not approving paragraphs (7) and (8) of this section, which establish
state ambient air quality standards for reduced sulfur compounds and
ammonia (79 FR 56268). These are not NAAQS established under section
109 of the CAA and Alaska has not relied on these provisions to
demonstrate attainment or maintenance of the NAAQS or to meet other
specific requirements of section 110 of the CAA.
Air Quality Designations--18 AAC 50.015
Alaska revised paragraphs (b)(2) and (e) of the Air Quality
Designations, Classifications, and Control Regions rule section to
reflect the redesignation of the Mendenhall Valley area of Juneau to
attainment for the 24-hour PM10 NAAQS. The EPA approved
Alaska's maintenance plan and request to redesignate the area on May 9,
2013 (78 FR 27071). We are proposing to approve the update to this rule
section to reflect the redesignation.
Baseline Dates and Maximum Allowable Increases--18 AAC 50.020
Alaska updated Table 2 in paragraph (a) of the Baseline Dates and
Maximum Allowable Increases rule section to set the minor source
baseline date for fine particulate matter (PM2.5) for the
Northern Alaska Intrastate Air Quality Control Region. This baseline
date is calculated based on a trigger date set in Federal major source
permitting regulations. The baseline date is calculated as the date on
which the first complete Prevention of Significant Deterioration (PSD)
permit application is received after the EPA trigger date--which for
PM2.5 is October 20, 2011. For this region of Alaska, the
minor source baseline date is November 2, 2012. Emission changes at
sources after this date consume the PM2.5 PSD increment. We
are proposing to approve this rule revision.
Documents, Procedures and Methods Adopted by Reference--18 AAC 50.035
Alaska submitted revisions to paragraphs (a) and (b) of the
Documents, Procedures and Methods Adopted by Reference rule section to
include the Quality Assurance Handbook for Air Pollutant Measurement
Systems and the Federal reference method for measuring carbon monoxide
in ambient air. Alaska also repealed the section's reference to a
Federal monitoring provision that was likewise repealed. The revisions
update the incorporation by reference of specific Federal procedures
and methods into the Alaska SIP, as of February 27, 2014. We are
proposing to approve the submitted revisions.
We note that, consistent with our September 19, 2014 action, we are
not approving paragraph (a)(6) of this rule section because the
provision implements requirements of title V of the CAA and not
requirements of section 110 of title I of the CAA. We are also not
approving paragraph (b)(4) which specifies test methods related to 40
CFR part 63 because it is not related to attainment or maintenance of
the NAAQS or other specific requirements of section 110 of the CAA (79
FR 56268).
Federal Standards Adopted by Reference--18 AAC 50.040
Alaska submitted revisions to paragraphs (f) and (h) of the Federal
Standards Adopted by Reference rule section to update the citation
dates for the adoption by reference of the Federal Guideline on Air
Quality Models at paragraph (f) and the Federal PSD permitting
requirements at paragraph (h). We are proposing to approve the changes
to 18 AAC 50.040(f) and (h) because they update the Alaska SIP to
reflect recent changes to Federal requirements, including the EPA's
final rule to remove specific screening provisions from PSD regulations
that were vacated by a court and subsequently repealed by the EPA, as
discussed below.
On January 22, 2013, the U.S. Court of Appeals for the District of
Columbia, in Sierra Club v. EPA, 703 F.3d 458 (D.C. Cir. 2013), issued
a judgment that, among other things, vacated the provisions adding the
PM2.5 Significant Monitoring Concentration (SMC) to the
[[Page 11499]]
Federal regulations, at 40 CFR 51.166(i)(5)(i)(c) and
52.21(i)(5)(i)(c), that were promulgated as part of the ``Prevention of
Significant Deterioration (PSD) for Particulate Matter Less than 2.5
Micrometers (PM2.5)--Increments, Significant Impact Levels
(SILs) and Significant Monitoring Concentration (SMC); Final Rule,''
(75 FR 64864, October 10, 2010) (2010 PSD PM2.5
Implementation Rule).
In its decision, the court held that the EPA did not have the
authority to use SMCs to exempt permit applicants from statutory
requirements related to PSD. Although the PM2.5 SMC was not
a required element of a state's PSD program, were a state PSD program
that contains such a provision to rely on that provision to issue new
permits without requiring ambient PM2.5 monitoring data,
such application of the vacated SMC would be inconsistent with the
court's opinion and the requirements of the CAA.
This decision also--at the EPA's request--vacated and remanded to
the EPA for further consideration the portions of the 2010 PSD
PM2.5 Implementation Rule that revised certain Federal
regulations related to Significant Impact Levels (SILs) for
PM2.5. The EPA requested this vacatur and remand of two of
the three provisions in the EPA regulations that contain SILs for
PM2.5, because the wording of these two SIL provisions (40
CFR 51.166(k)(2) and 40 CFR 52.21(k)(2)) is inconsistent with the
explanation of when and how SILs should be used by permitting
authorities that we provided in the preamble to the Federal Register
publication when we promulgated these provisions. The third SIL
provision (40 CFR 51.165(b)(2)) was not vacated and remains in effect.
The court's decision does not affect the PSD increments for
PM2.5 promulgated as part of the 2010 PSD PM2.5
Implementation Rule.
The EPA amended its regulations to remove the vacated
PM2.5 SILs and SMC provisions from PSD regulations on
December 9, 2013 (78 FR 73698). In addition, the EPA is initiating a
separate rulemaking regarding the PM2.5 SILs that will
address the court's remand.
In the May 12, 2015 submission, Alaska updated the citation date
for the incorporation by reference of Federal PSD permitting rules to
December 9, 2013, to capture the EPA's removal of the vacated SILs and
SMC provisions. In addition, Alaska submitted changes to the Ambient
Air Quality Analysis Methods rule section at 18 AAC 50.215 to address
the court vacatur. These changes are discussed below. We are proposing
to approve the changes to 18 AAC 50.040(h) and 18 AAC 50.215 as being
consistent with the court decision and revised EPA regulations for the
PM2.5 SMC and SILs.
Ambient Air Quality Analysis Methods--18 AAC 50.215
Alaska revised paragraph (a)(3) of the Ambient Air Quality Analysis
Methods rule section to include a reference to the Quality Assurance
Project Plan for the State of Alaska Air Monitoring and Quality
Assurance Program (QAPP) for meteorological data, as adopted by
reference in 18 AAC 50.030. We are proposing to approve the revision
because the EPA has reviewed and approved the QAPP through a separate
quality assurance/quality control review process.
Alaska revised paragraph (d) of this section, intending to align
the rule language with the explanation of when and how SILs should be
used by permitting authorities that the EPA provided in the preamble to
the Federal Register publication when the provisions were originally
promulgated (October 20, 2010, 75 FR 64864). Alaska also updated the
SILs table in paragraph (d), adding SILs for the annual and 24-hour
PM2.5 NAAQS, and for 1-hour sulfur dioxide (SO2)
and nitrogen dioxide (NO2) NAAQS. The SILs values in the
table are consistent with the EPA's implementing regulations at 40 CFR
51.165(b) and the EPA's NO2 and SO2 guidance and
recommended interim SILs for the 1-hour NO2 and 1-hour
SO2 NAAQS. We are proposing to approve the revisions as
being consistent with the January 22, 2013, court decision vacating the
PM2.5 SILs and SMC discussed above.
Consistent with our previous actions on the Alaska SIP, the EPA is
proposing not to approve paragraph (a)(4), which authorizes the Alaska
Department of Environmental Conservation to approve any alternative
method that it determines is ``representative, accurate, verifiable,
capable of replication.'' In essence, this subparagraph allows the
department to modify requirements relied on to attain and maintain the
NAAQS without a SIP revision. For additional discussion, please see the
technical support documents for our previous actions on September 19,
2014 (79 FR 56268) and on August 14, 2007 (72 FR 45378). See also 78 FR
12460, 12485-86 (Feb. 22, 2013).
III. Proposed Action
We are proposing to approve and incorporate by reference into the
Alaska SIP the following revised provisions, state effective April 17,
2015:
18 AAC 50.010 Ambient Air Quality Standards, except
paragraphs (7) and (8);
18 AAC 50.015 Air Quality Designations, Classifications,
and Control Regions;
18 AAC 50.020 Baseline Dates and Maximum Allowable
Increases;
18 AAC 50.035 Documents, Procedures and Methods Adopted by
Reference, except paragraphs (a)(6) and (b)(4);
18 AAC 50.040 Federal Standards Adopted by Reference,
except (a), (b), (c), (d), (e), (g), (i), (j), and (k); and
18 AAC 50.215 Ambient Air Quality Analysis Methods, except
(a)(4).
We note that we previously approved the submitted rule revisions
related to transportation conformity at 18 AAC 50.700 through 18 AAC
50.750 and 18 AAC 50.990 on September 8, 2015 (80 FR 53735).
IV. Incorporation by Reference
In this rule, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, we are proposing to incorporate by
reference the provisions described above in Section VI. Proposed
Action.
The EPA has made, and will continue to make, these documents
generally available electronically through https://www.regulations.gov
and/or in hard copy at the appropriate EPA office (see the ADDRESSES
section of this preamble for more information).
V. 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
proposed 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 proposed 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
[[Page 11500]]
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because it 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), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 17, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2016-04753 Filed 3-3-16; 8:45 am]
BILLING CODE 6560-50-P