Approval and Promulgation of Implementation Plans; AK: Adoption Updates and Rule Revisions, 40712-40715 [2017-17861]
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Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP—Continued
Code of Maryland
Administrative Regulations
(COMAR)
citation
Title/subject
State effective
date
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26.11.02.11 ............................. Procedures for Obtaining Permits to Construct Certain
Significant Sources.
26.11.02.12 ............................. Procedures for Obtaining Approvals of PSD Sources
and NSR Sources, Certain
Permits to Construct, and
Case-by-Case MACT Determinations in Accordance
with 40 CFR part 63, Subpart B.
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2017–0184; FRL–9966–80–
Region 10]
Approval and Promulgation of
Implementation Plans; AK: Adoption
Updates and Rule Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving state
implementation plan (SIP) revisions
submitted by the State of Alaska
Department of Environmental
Conservation (ADEC) on September 15,
2016. These revisions primarily update
adoptions of Federal regulations in the
Alaska SIP. The revisions also
strengthen the State of Alaska’s (Alaska
or State) minor source permitting
requirements and remove obsolete
source-category specific regulations. In
addition, EPA is approving SIP
revisions to Alaska’s general and
transportation conformity regulations
submitted by ADEC on March 10, 2016.
The EPA is taking action only on the
conformity related portions of the
March 2016 submittal. The other
portions of the submittal are or will be
addressed in separate actions.
DATES: This final rule is effective
September 27, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2017–0184. All
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SUMMARY:
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8/28/17, [insert Federal Reg- Previous Approval 2/27/2003,
ister citation].
68 FR 9012, (c) (182)
12/10/15
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[FR Doc. 2017–17865 Filed 8–25–17; 8:45 am]
8/28/17, [insert Federal Register citation].
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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 is publicly available
only in hard copy form. Publicly
available docket materials are available
at https://www.regulations.gov or at EPA
Region 10, Office of Air and Waste, 1200
Sixth Avenue, Seattle, Washington
98101. EPA requests that you contact
the person listed in the FOR FURTHER
INFORMATION CONTACT section below, to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Randall Ruddick, Air Planning Unit,
Office of Air and Waste (OAW–150),
Environmental Protection Agency,
Region 10, 1200 Sixth Ave, Suite 900,
Seattle, WA 98101; phone: (206) 553–
1999; email: ruddick.randall@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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Orders Review
I. Background
On March 10, 2016 and September 15,
2016, Alaska submitted SIP revisions to
EPA for approval. On June 13, 2017, the
EPA proposed to approve the
conformity portions of Alaska’s March
10, 2016 submittal and all of the
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Additional explanation/citation
at 40 CFR 52.1100
EPA approval date
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Previous Approval 8/2/2012,
77 FR 45949
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revisions requested in the September 15,
2016 submittal (82 FR 27031). Please see
our proposed rulemaking for further
explanation and the basis for our
finding. The public comment period for
this proposal ended on July 13, 2017.
We received two supportive comments.
II. Final Action
EPA is approving, and incorporating
by reference where appropriate in
Alaska’s SIP, all revisions requested by
Alaska on September 15, 2016 (state
effective August 20, 2016) to the
following provisions:
• 18 AAC 50.010(4) (Ambient Air
Quality Standards)
• 18 AAC 50.020(a) (Baseline Dates and
Maximum Allowable Increases)
• 18 AAC 50.035(a)(3) and (a)(7)
(Documents, Procedures, and
Methods Adopted by Reference)
• 18 AAC 50.040(f) and (h) (Federal
Standards Adopted by Reference)
• 18 AAC 50.215(a)(3) (Ambient Air
Quality Analysis Methods)
• 18 AAC 50.345(o) (Construction,
Minor and Operating Permits:
Standard Permit Conditions)
• 18 AAC 50.502(c), (e), (f), (f)(1)(C),
(f)(5), (g), (h)(3)(A), and (h)(3)(B)
(Minor Permits for Air Quality
Protection)
• 18 AAC 50.540 (c)(2)(A) (Minor
Permit: Application)
• 18 AAC 50.542(b)(5) and (d)(1) (Minor
Permit: Review and Issuance)
At Alaska’s request, EPA is also
removing from the SIP the following
provisions that ADEC repealed as a
matter of state law: 18 AAC 50.055(a)(2),
(a)(3), (a)(7), (a)(8), (b)(4), (b)(6), (f)
(Industrial Process and Fuel-Burning
Equipment) and 18 AAC 50.060 (Pulp
Mills).
Finally, EPA is approving revisions to
18 AAC 50, Article 7, Transportation
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Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations
Conformity, submitted by Alaska on
March 10, 2016; specifically, the
revisions to transportation conformity
provisions in 18 AAC 50.715 and
50.720, and the removal of the general
conformity provisions in 50.735.
We have determined that the
submitted SIP revisions are consistent
with section 110 and part C of Title I of
the CAA.
III. Incorporation by Reference
In this rule, EPA is approving
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, we are incorporating by reference
the provisions described above in
Section II. Final Action and set forth
below, as amendments to 40 CFR part
52. EPA has made, and will continue to
make, these documents generally
available electronically through https://
www.regulations.gov and/or at the EPA
Region 10 office (please contact the
person identified in the FOR FURTHER
INFORMATION, CONTACT section of this
preamble for more information).
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IV. Statutory and Executive Orders
Review
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,
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.);
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• 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
this action does not involve technical
standards; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where 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. 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 CAA section 307(b)(1),
petitions for judicial review of this
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action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 27, 2017. 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 CAA
section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Administrative
practice and procedure, 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 10, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
For the reasons set forth in the
preamble, 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, 18
AAC 50.020, 18 AAC 50.035, 18 AAC
50.040, 18 AAC 50.055;
■ b. Removing entry 18 AAC 50.060;
■ c. Revising entries 18 AAC 50.215, 18
AAC 50.345, 18 AAC 50.502, 18 AAC
50.540, 18 AAC 50.542, 18 AAC 50.715,
and 18 AAC 50.720; and
■ d. Removing entry 18 AAC 50.735.
The revisions read as follows:
■
§ 52.70
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Identification of plan.
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Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations
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
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18 AAC 50.010 .......
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Ambient Air Quality Standards ..............
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8/20/16
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8/28/17 [Insert Federal Register citation].
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Except (8).
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18 AAC 50.020 .......
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Baseline Dates and Maximum Allowable Increases.
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8/20/16
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8/28/17 [Insert Federal Register citation].
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18 AAC 50.035 .......
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Documents, Procedures and Methods
Adopted by Reference.
Federal Standards Adopted by Reference.
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8/20/16
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8/28/17 [Insert Federal Register citation].
8/28/17 [Insert Federal Register citation].
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Except (a)(6) and
(b)(4).
Except (a), (b), (c),
(d), (e), (g), (j),
and (k).
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8/28/17 [Insert Federal Register citation].
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Except (d)(2)(B).
18 AAC 50.040 .......
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18 AAC 50.055 .......
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Industrial Processes and Fuel-Burning
Equipment.
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18 AAC 50.215 .......
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8/20/16
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18 AAC 50 Article 2. Program Administration
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Ambient Air Quality Analysis Methods ..
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18 AAC 50.345 .......
8/20/16; 11/9/
14
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8/20/16
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8/28/17 [Insert Federal Register citation].
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18 AAC 50 Article 3. Major Stationary Source Permits
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Construction, Minor and Operating Permits: Standard Permit Conditions.
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8/20/16
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8/28/17 [Insert Federal Register citation].
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18 AAC 50 Article 5. Minor Permits
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18 AAC 50.502 .......
Minor Permits for Air Quality Protection
8/20/16
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Minor Permit: Application .......................
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8/20/16
18 AAC 50.542 .......
Minor Permit: Review and Issuance ......
8/20/16
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8/28/17 [Insert Federal Register citation].
8/28/17 [Insert Federal Register citation].
*
asabaliauskas on DSKBBXCHB2PROD with RULES
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Except (a)(4).
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Except (b), (c)(3),
and (l).
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8/28/17 [Insert Federal Register citation].
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18 AAC 50.540 .......
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18 AAC 50 Article 7. Transportation Conformity
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18 AAC 50.715 .......
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Interagency Consultation Procedures ....
18 AAC 50.720 .......
Public Involvement .................................
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Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations
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[FR Doc. 2017–17861 Filed 8–25–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2017–0394; FRL–9966–96–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Approval of an Alternative
Volatile Organic Compound Emission
Standard
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a revision to the State
of Maryland’s state implementation plan
(SIP). Maryland requested EPA
incorporate by reference into the
Maryland SIP a Maryland Department of
the Environment (MDE) order that
establishes an alternative volatile
organic compound (VOC) emission
standard for National Gypsum Company
(NGC) that will ensure that this source
remains a minor stationary source of
VOCs. EPA is approving the SIP
submittal incorporating by reference
MDE’s order for NGC in accordance
with the requirements of the Clean Air
Act (CAA).
DATES: This rule is effective on
November 27, 2017 without further
notice, unless EPA receives adverse
written comment by September 27,
2017. If EPA receives such comments, it
will publish a timely withdrawal of the
direct final rule in the Federal Register
and inform the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2017–0394 at https://
www.regulations.gov, or via email to
stahl.cynthia@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, 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 whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
asabaliauskas on DSKBBXCHB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
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official comment and should include
discussion of all points you wish to
make. 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, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Gregory A. Becoat, (215) 814–2036, or
by email at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 24, 2016, MDE submitted a
formal revision to the Maryland SIP.
The SIP revision consists of a request to
incorporate by reference a MDE
departmental order that establishes an
alternative VOC emission standard for
NGC as it appears in the permit-toconstruct conditions issued by MDE in
order to ensure that it remains a minor
stationary source of VOCs. The
alternative VOC emissions limit of 195
pounds per operating day with at least
a 99% overall VOC control efficiency
will achieve a stringent emissions
discharge reduction and is more
stringent than any established standard
for reasonably available control
technology (RACT) for major stationary
sources of VOCs in COMAR 26.11.19.
Under the Code of Maryland
Regulations (COMAR) 26.11.06.06E—
‘‘Exceptions,’’ a source may request an
exception to a VOC emissions limit from
MDE if the source is not subject to new
source review (NSR) and if the source is
unable to comply with COMAR
26.11.06.06B—‘‘Control of VOC from
Installations.’’
Located in the Baltimore ozone
nonattainment area, NGC is a wallboard
manufacturing facility that emits both
nitrogen oxides (NOX) and VOCs.
Ground level ozone is formed when
NOX and VOCs react in the presence of
sunlight. NOX and VOC are referred to
as ozone precursors and are emitted by
many types of pollution sources,
including motor vehicles, power plants,
industrial facilities, and area wide
sources, such as consumer products and
lawn and garden equipment. Scientific
evidence indicates that adverse public
health effects occur following exposure
to ozone. These effects are more
pronounced in children and adults with
lung disease. Breathing air containing
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40715
ozone can reduce lung function and
inflame airways, which can increase
respiratory symptoms and aggravate
asthma or other lung diseases. In
response to this scientific evidence, EPA
promulgated in 1979 the first ozone
national ambient air quality standard
(NAAQS), the 0.12 part per million
(ppm) 1-hour ozone NAAQS. See 44 FR
8202 (February 8, 1979).1 Under the
1979 1-hour ozone NAAQS, the
Baltimore Area (specifically, Anne
Arundel County, Baltimore City,
Baltimore County, Carroll County,
Harford County, and Howard County)
was designated as a severe
nonattainment area. 56 FR 56694
(November 6, 1991). On July 18, 1997,
EPA revised the health-based NAAQS
for ozone based on 8-hour average
concentrations. 62 FR 38856. Under the
1997 8-hour ozone NAAQS, the
Baltimore Area was designated as a
moderate nonattainment area. 69 FR
23858 (April 30, 2004). Later, the
Baltimore Area was reclassified as a
serious nonattainment area for the 1997
8-ozone NAAQS. 77 FR 4901 (February
1, 2012). On March 27, 2008 (78 FR
16436), EPA strengthened the 8-hour
ozone NAAQS (2008 8-hour ozone
NAAQS). Under the 2008 8-hour ozone
NAAQS, the Baltimore Area was
designated as a moderate nonattainment
area. 69 FR 23858 (April 30, 2004).
On April 30, 2004 (69 FR 23858), EPA
announced its revocation of the 1979 1hour ozone NAAQS for all purposes and
for all areas in the country, effective
June 15, 2005. In the final rulemaking,
EPA determined that certain
nonattainment planning requirements
would continue to be in effect under the
revoked standard for nonattainment
areas under the 1979 1-hour ozone
NAAQS, including RACT. Under the
anti-backsliding provisions codified at
40 CFR 51.905, the Baltimore Area
remains subject to the anti-backslide
obligations for the revoked 1979 1-hour
ozone NAAQS. Since the Baltimore
Area was designated as a severe
nonattainment area for the 1979 1-hour
ozone NAAQS, all sources in the
nonattainment area emitting greater
than 25 tons per year (tpy) of VOC or
NOX are major stationary sources.
NGC is a major stationary source of
NOX, but is not a major stationary
source for VOCs. NGC consists of two
major manufacturing lines, Board Kiln
No. 1 and Board Kiln No. 2. When NGC
modified Board Kiln No. 1 to
manufacture new silicone wallboard
products, NGC needed limits to remain
a minor stationary source of VOC (under
1 EPA had previously promulgated a NAAQS for
total photochemical oxidants.
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]]>Agencies
[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Rules and Regulations]
[Pages 40712-40715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17861]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2017-0184; FRL-9966-80-Region 10]
Approval and Promulgation of Implementation Plans; AK: Adoption
Updates and Rule Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving state
implementation plan (SIP) revisions submitted by the State of Alaska
Department of Environmental Conservation (ADEC) on September 15, 2016.
These revisions primarily update adoptions of Federal regulations in
the Alaska SIP. The revisions also strengthen the State of Alaska's
(Alaska or State) minor source permitting requirements and remove
obsolete source-category specific regulations. In addition, EPA is
approving SIP revisions to Alaska's general and transportation
conformity regulations submitted by ADEC on March 10, 2016. The EPA is
taking action only on the conformity related portions of the March 2016
submittal. The other portions of the submittal are or will be addressed
in separate actions.
DATES: This final rule is effective September 27, 2017.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R10-OAR-2017-0184. 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 is publicly available only
in hard copy form. Publicly available docket materials are available at
https://www.regulations.gov or at EPA Region 10, Office of Air and
Waste, 1200 Sixth Avenue, Seattle, Washington 98101. EPA requests that
you contact the person listed in the FOR FURTHER INFORMATION CONTACT
section below, to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Randall Ruddick, Air Planning Unit,
Office of Air and Waste (OAW-150), Environmental Protection Agency,
Region 10, 1200 Sixth Ave, Suite 900, Seattle, WA 98101; phone: (206)
553-1999; email: ruddick.randall@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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Orders Review
I. Background
On March 10, 2016 and September 15, 2016, Alaska submitted SIP
revisions to EPA for approval. On June 13, 2017, the EPA proposed to
approve the conformity portions of Alaska's March 10, 2016 submittal
and all of the revisions requested in the September 15, 2016 submittal
(82 FR 27031). Please see our proposed rulemaking for further
explanation and the basis for our finding. The public comment period
for this proposal ended on July 13, 2017. We received two supportive
comments.
II. Final Action
EPA is approving, and incorporating by reference where appropriate
in Alaska's SIP, all revisions requested by Alaska on September 15,
2016 (state effective August 20, 2016) to the following provisions:
18 AAC 50.010(4) (Ambient Air Quality Standards)
18 AAC 50.020(a) (Baseline Dates and Maximum Allowable
Increases)
18 AAC 50.035(a)(3) and (a)(7) (Documents, Procedures, and
Methods Adopted by Reference)
18 AAC 50.040(f) and (h) (Federal Standards Adopted by
Reference)
18 AAC 50.215(a)(3) (Ambient Air Quality Analysis Methods)
18 AAC 50.345(o) (Construction, Minor and Operating Permits:
Standard Permit Conditions)
18 AAC 50.502(c), (e), (f), (f)(1)(C), (f)(5), (g), (h)(3)(A),
and (h)(3)(B) (Minor Permits for Air Quality Protection)
18 AAC 50.540 (c)(2)(A) (Minor Permit: Application)
18 AAC 50.542(b)(5) and (d)(1) (Minor Permit: Review and
Issuance)
At Alaska's request, EPA is also removing from the SIP the
following provisions that ADEC repealed as a matter of state law: 18
AAC 50.055(a)(2), (a)(3), (a)(7), (a)(8), (b)(4), (b)(6), (f)
(Industrial Process and Fuel-Burning Equipment) and 18 AAC 50.060 (Pulp
Mills).
Finally, EPA is approving revisions to 18 AAC 50, Article 7,
Transportation
[[Page 40713]]
Conformity, submitted by Alaska on March 10, 2016; specifically, the
revisions to transportation conformity provisions in 18 AAC 50.715 and
50.720, and the removal of the general conformity provisions in 50.735.
We have determined that the submitted SIP revisions are consistent
with section 110 and part C of Title I of the CAA.
III. Incorporation by Reference
In this rule, EPA is approving regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, we are incorporating by reference the provisions described above
in Section II. Final Action and set forth below, as amendments to 40
CFR part 52. EPA has made, and will continue to make, these documents
generally available electronically through https://www.regulations.gov
and/or at the EPA Region 10 office (please contact the person
identified in the FOR FURTHER INFORMATION, CONTACT section of this
preamble for more information).
IV. Statutory and Executive Orders Review
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, 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 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 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 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. 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 CAA section 307(b)(1), petitions for judicial review of this
action must be filed in the United States Court of Appeals for the
appropriate circuit by October 27, 2017. 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 CAA section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Administrative
practice and procedure, 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 10, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
For the reasons set forth in the preamble, 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, 18 AAC 50.020, 18 AAC 50.035, 18 AAC
50.040, 18 AAC 50.055;
0
b. Removing entry 18 AAC 50.060;
0
c. Revising entries 18 AAC 50.215, 18 AAC 50.345, 18 AAC 50.502, 18 AAC
50.540, 18 AAC 50.542, 18 AAC 50.715, and 18 AAC 50.720; and
0
d. Removing entry 18 AAC 50.735.
The revisions read as follows:
Sec. 52.70 Identification of plan.
* * * * *
(c) * * *
[[Page 40714]]
EPA-Approved Alaska Regulations and statutes
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date 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 50.010................. Ambient Air Quality 8/20/16 8/28/17 [Insert Except (8).
Standards. Federal Register
citation].
* * * * * * *
18 AAC 50.020................. Baseline Dates and 8/20/16 8/28/17 [Insert ................
Maximum Allowable Federal Register
Increases. citation].
* * * * * * *
18 AAC 50.035................. Documents, Procedures 8/20/16 8/28/17 [Insert Except (a)(6)
and Methods Adopted Federal Register and (b)(4).
by Reference. citation].
18 AAC 50.040................. Federal Standards 8/20/16; 11/9/ 8/28/17 [Insert Except (a), (b),
Adopted by Reference. 14 Federal Register (c), (d), (e),
citation]. (g), (j), and
(k).
* * * * * * *
18 AAC 50.055................. Industrial Processes 8/20/16 8/28/17 [Insert Except
and Fuel-Burning Federal Register (d)(2)(B).
Equipment. citation].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
18 AAC 50 Article 2. Program Administration
----------------------------------------------------------------------------------------------------------------
* * * * * * *
18 AAC 50.215................. Ambient Air Quality 8/20/16 8/28/17 [Insert Except (a)(4).
Analysis Methods. Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
18 AAC 50 Article 3. Major Stationary Source Permits
----------------------------------------------------------------------------------------------------------------
* * * * * * *
18 AAC 50.345................. Construction, Minor 8/20/16 8/28/17 [Insert Except (b),
and Operating Federal Register (c)(3), and
Permits: Standard citation]. (l).
Permit Conditions.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
18 AAC 50 Article 5. Minor Permits
----------------------------------------------------------------------------------------------------------------
18 AAC 50.502................. Minor Permits for Air 8/20/16 8/28/17 [Insert ................
Quality Protection. Federal Register
citation].
* * * * * * *
18 AAC 50.540................. Minor Permit: 8/20/16 8/28/17 [Insert ................
Application. Federal Register
citation].
18 AAC 50.542................. Minor Permit: Review 8/20/16 8/28/17 [Insert Except (b)(2).
and Issuance. Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
18 AAC 50 Article 7. Transportation Conformity
----------------------------------------------------------------------------------------------------------------
* * * * * * *
18 AAC 50.715................. Interagency 3/2/16 8/28/17 [Insert ................
Consultation Federal Register
Procedures. citation].
18 AAC 50.720................. Public Involvement.... 3/2/16 8/28/17............... ................
[Insert Federal
Register citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 40715]]
* * * * *
[FR Doc. 2017-17861 Filed 8-25-17; 8:45 am]
BILLING CODE 6560-50-P
