Air Plan Approval; AK: Adoption Updates and Permitting Rule Revisions, 45419-45422 [2019-18594]
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Federal Register / Vol. 84, No. 168 / Thursday, August 29, 2019 / Rules and Regulations
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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
application of those requirements would
be inconsistent with the Clean Air Act;
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 and will not impose
substantial direct costs on tribal
governments or preempt tribal law 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
VerDate Sep<11>2014
15:42 Aug 28, 2019
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Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 28, 2019.
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, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: June 28, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations 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 F—California
2. Section 52.220 is amended by
adding paragraphs (c)(424)(i)(A)(5),
(c)(485)(i)(A)(4), and (c)(523) to read as
follows:
■
Identification of plan-in part.
*
*
*
*
*
(c) * * *
(424) * * *
(i) * * *
(A) * * *
(5) Previously approved on April 22,
2013 in paragraph (c)(424)(i)(A)(2) of
this section and now deleted with
replacement in (c)(523)(i)(A)(4), Rule
804, ‘‘Open Areas,’’ amended on
October 16, 2012.
*
*
*
*
*
(485) * * *
(i) * * *
(A) * * *
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(4) Previously approved on June 8,
2017 in paragraph (c)(485)(i)(A)(1) of
this section and now deleted with
replacement in (c)(523)(i)(A)(1), Rule
101, ‘‘Definitions,’’ revised on February
9, 2016.
*
*
*
*
*
(523) New and amended regulations
for the following Air Pollution Control
Districts were submitted on October 29,
2018 by the Governor’s Designee.
(i) Incorporation by reference. (A)
Imperial County Air Pollution Control
District.
(1) Rule 101, ‘‘Definitions,’’ revised on
September 11, 2018.
(2) Rule 428, ‘‘Wood Burning
Appliances’’ except section E.4.2,
adopted on September 11, 2018.
(3) Rule 429, ‘‘Mandatory Episodic
Curtailment of Wood and Other Solid
Fuel Burning,’’ adopted on September
11, 2018.
(4) Rule 804, ‘‘Open Areas,’’ revised
on September 11, 2018.
[FR Doc. 2019–18589 Filed 8–28–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2018–0809; FRL–9998–71–
Region 10]
Air Plan Approval; AK: Adoption
Updates and Permitting Rule Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
■
§ 52.220
45419
The Environmental Protection
Agency (EPA) is approving revisions to
the Alaska State Implementation Plan
(SIP) submitted on October 25, 2018.
The revisions adopt changes to federal
emissions factors and modeling
guidelines, update pre-construction
permitting of stationary sources, and fix
typographical and grammatical errors.
The EPA is also approving the
submitted revisions as meeting major
source pre-construction permitting
requirements for the Fairbanks North
Star Borough fine particulate matter
nonattainment area. On the effective
date of this rule, the Alaska SIP will
include provisions for electronic permit
applications, online notice of draft
permits, revised modeling guidelines,
and updated fine particulate matter
requirements in nonattainment areas.
DATES: This final rule is effective
September 30, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
SUMMARY:
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Federal Register / Vol. 84, No. 168 / Thursday, August 29, 2019 / Rules and Regulations
No. EPA–R10–OAR–2018–0809. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., 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 at https://
www.regulations.gov, or please contact
the person listed in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Kristin Hall (15–H13), EPA Region 10,
Air and Radiation Division, 1200 Sixth
Avenue (Suite 155), Seattle, WA 98101,
at (206) 553–6357 or hall.kristin@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it means
the EPA.
Table of Contents
I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Review
khammond on DSKBBV9HB2PROD with RULES
I. Background
On October 25, 2018, Alaska
submitted revisions to the Alaska SIP
for approval by the EPA. The
submission includes revisions to Alaska
Administrative Code, Title 18,
Environmental Conservation, Chapter
50, Air Quality Control (18 AAC 50),
state effective September 15, 2018. We
proposed to approve the submitted
revisions on June 11, 2019 (84 FR
27049). An explanation of the Clean Air
Act requirements, a detailed analysis of
the submission, and our reasons for
proposing approval were provided in
the proposal and will not be restated
here. The public comment period for the
proposal ended on July 11, 2019. We
received no comments.
II. Final Action
The EPA is approving, and
incorporating by reference, revisions to
the Alaska SIP submitted on October 25,
2018. We are also approving the
submitted revisions as fulfilling
nonattainment new source review
requirements that were triggered upon
reclassification of the Fairbanks North
Star Borough fine particulate matter
nonattainment area from ‘‘moderate’’ to
‘‘serious’’ on May 10, 2017 (82 FR
21711). On the effective date of this
rule, the Alaska SIP will contain the
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following rule sections, state effective
September 15, 2018:
• 18 AAC 50.025 Visibility and Other
Special Protection Areas;
• 18 AAC 50.035 Documents,
Procedures, and Methods Adopted by
Reference, except (a)(6), (a)(9), and
(b)(4);
• 18 AAC 50.040 Federal Standards
Adopted by Reference, except (a), (b),
(c), (d), (e), (g), (j), and (k);
• 18 AAC 50.055 Industrial Processes
and Fuel-Burning Equipment, except
(d)(2)(B);
• 18 AAC 50.215 Ambient Air Quality
Analysis Methods, except (a)(4);
• 18 AAC 50.220 Enforceable Test
Methods, except (c)(1)(A), (B), (C), and
(c)(2);
• 18 AAC 50.225 Owner-Requested
Limits;
• 18 AAC 50.230 Preapproved
Emission Limits, except (d);
• 18 AAC 50.260 Guidelines for Best
Available Retrofit Technology under the
Regional Haze Rule;
• 18 AAC 50.311 Nonattainment
Area Major Stationary Source Permits;
• 18 AAC 50.345 Construction, Minor
and Operating Permits: Standard Permit
Conditions, except (b), (c)(3), and (l).
• 18 AAC 50.502 Minor Permits for
Air Quality Protection;
• 18 AAC 50.540 Minor Permit:
Application;
• 18 AAC 50.542 Minor Permit:
Review and Issuance;
• 18 AAC 50.560 General Minor
Permits; and
• 18 AAC 50.990 Definitions.
The listed exceptions were not
submitted in the October 25, 2018
submission and are not part of the
current federally-approved Alaska SIP.1
For more information, please see our
prior actions on September 19, 2014 (79
FR 56268) and August 14, 2007 (72 FR
45378).
III. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
provisions set forth below as
amendments to 40 CFR part 52. The
EPA has made, and will continue to
make, these materials generally
available electronically through https://
www.regulations.gov and at the EPA
1 The excepted provisions implement New Source
Performance Standards (NSPS), National Emissions
Standards for Hazardous Air Pollutants (NESHAPs),
and title V of the Clean Air Act and are not relied
on by the state to attain or maintain the NAAQS
under Clean Air Act section 110 and the SIP; or are
inconsistent with Clean Air Act requirements.
PO 00000
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Fmt 4700
Sfmt 4700
Region 10 office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the State Implementation Plan, have
been incorporated by reference by the
EPA into that plan, are fully federallyenforceable under sections 110 and 113
of the Clean Air Act as of the effective
date of the final rulemaking of the EPA’s
approval, and will be incorporated by
reference in the next update to the SIP
compilation.2
IV. Statutory and Executive Order
Review
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act and
applicable federal regulations. 42 U.S.C.
7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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);
2 62
E:\FR\FM\29AUR1.SGM
FR 27968 (May 22, 1997).
29AUR1
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Federal Register / Vol. 84, No. 168 / Thursday, August 29, 2019 / Rules and Regulations
• 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 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).
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 and it will not impose
substantial direct costs on tribal
governments or preempt tribal law 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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 28, 2019.
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: July 31, 2019.
Chris Hladick,
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 revising entries ‘‘18 AAC
50.025’’, ‘‘18 AAC 50.035’’, ‘‘18 AAC
50.040’’, ‘‘18 AAC 50.055’’, ‘‘18 AAC
50.215’, ‘‘18 AAC 50.220’’, ‘‘18 AAC
50.225’’, ‘‘18 AAC 50.230’’, ‘‘18 AAC
50.260’’, ‘‘18 AAC 50.311’’, ‘‘18 AAC
50.345’’, ‘‘18 AAC 50.502’’, ‘‘18 AAC
50.540’’, ‘‘18 AAC 50.542’’, ‘‘18 AAC
50.560’’, 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 50.025 ......
18 AAC 50.035 ......
18 AAC 50.040 ......
*
18 AAC 50.055 ......
khammond on DSKBBV9HB2PROD with RULES
*
*
*
Visibility and Other Special Protection Areas.
Documents, Procedures, and
Methods Adopted by Reference.
Federal Standards Adopted by
Reference.
*
*
Industrial Processes and FuelBurning Equipment.
*
*
*
9/15/2018
9/15/2018
*
8/29/2019, [Insert Federal Register citation].
8/29/2019,[Insert Federal Register citation].
*
*
except (a)(6), (a)(9), and (b)(4).
9/15/2018
8/29/2019, [Insert Federal Register citation].
except (a), (b), (c), (d), (e), (g),
(j), and (k).
*
9/15/2018
*
8/29/2019, [Insert Federal Register citation].
*
except (d)(2)(B).
*
*
*
*
*
18 AAC 50—Article 2. Program Administration
*
18 AAC 50.215 ......
18 AAC 50.220 ......
VerDate Sep<11>2014
*
*
Ambient Air Quality Analysis
Methods.
Enforceable Test Methods ..........
15:42 Aug 28, 2019
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*
9/15/2018
9/15/2018
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*
8/29/2019, [Insert Federal Register citation].
8/29/2019, [Insert Federal Register citation].
Sfmt 4700
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*
except (a)(4).
*
except (c)(1)(A), (B), (C), and
(c)(2).
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Federal Register / Vol. 84, No. 168 / Thursday, August 29, 2019 / Rules and Regulations
EPA-APPROVED ALASKA REGULATIONS AND STATUTES—Continued
State
effective
date
State citation
Title/subject
EPA approval date
18 AAC 50.225 ......
Owner-Requested Limits .............
9/15/2018
18 AAC 50.230 ......
Preapproved Emission Limits ......
9/15/2018
*
18 AAC 50.260 ......
*
*
Guidelines for Best Available
Retrofit Technology under the
Regional Haze Rule.
*
9/15/2018
Explanations
8/29/2019, [Insert Federal Register citation].
8/29/2019, [Insert Federal Register citation].
except (d).
*
8/29/2019, [Insert Federal Register citation].
*
*
*
*
18 AAC 50—Article 3. Major Stationary Source Permits
*
18 AAC 50.311 ......
18 AAC 50.345 ......
*
*
Nonattainment Area Major Stationary Source Permits.
Construction, Minor and Operating Permits: Standard Permit
Conditions.
*
*
*
*
9/15/2018
9/15/2018
*
8/29/2019, [Insert Federal Register citation].
8/29/2019, [Insert Federal Register citation].
*
except (b), (c)(3), and (l).
*
*
*
18 AAC 50—Article 5. Minor Permits
18 AAC 50.502 ......
Minor Permits for Air Quality Protection.
9/15/2018
8/29/2019, [Insert Federal Register citation].
*
18 AAC 50.540 ......
*
*
Minor Permit: Application ............
*
9/15/2018
*
*
18 AAC 50.542 ......
Minor
Permit:
Issuance.
and
9/15/2018
*
8/29/2019, [Insert Federal Register citation].
8/29/2019, [Insert Federal Register citation].
*
18 AAC 50.560 ......
*
*
General Minor Permits ................
*
9/15/2018
*
8/29/2019, [Insert Federal Register citation].
*
*
*
*
*
*
*
*
*
Review
*
*
*
*
18 AAC 50—Article 9. General Provisions
*
18 AAC 50.990 ......
*
*
Definitions ....................................
*
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
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40 CFR Part 52
[EPA–R09–OAR–2018–0133; FRL–9990–48–
Region 9]
Air Plan Revisions; California;
Technical Amendments
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
15:42 Aug 28, 2019
*
8/29/2019, [Insert Federal Register citation].
*
*
The Environmental Protection
Agency (EPA) is taking final action to
delete various local rules from the
California State Implementation Plan
(SIP) that were approved in error. These
rules include general nuisance
provisions, federal New Source
Performance Standards or National
Emission Standards for Hazardous Air
Pollutant requirements, hearing board
procedures, variance provisions, and
local fee provisions. The EPA has
determined that the continued presence
of these rules in the SIP is potentially
confusing and thus problematic for
affected sources, the state, local
agencies, and the EPA. The intended
effect is to delete these rules to make the
SUMMARY:
[FR Doc. 2019–18594 Filed 8–28–19; 8:45 am]
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*
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SIP consistent with the Clean Air Act.
The EPA is also taking final action to
make certain other corrections to
address errors made in previous actions
taken by the EPA on California SIP
revisions.
This rule is effective on
September 30, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket No.
EPA–R09–OAR–2018–0133. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business information
or other information whose disclosure is
restricted by statute. Certain other
DATES:
E:\FR\FM\29AUR1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 168 (Thursday, August 29, 2019)]
[Rules and Regulations]
[Pages 45419-45422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18594]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2018-0809; FRL-9998-71-Region 10]
Air Plan Approval; AK: Adoption Updates and Permitting Rule
Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Alaska State Implementation Plan (SIP) submitted on
October 25, 2018. The revisions adopt changes to federal emissions
factors and modeling guidelines, update pre-construction permitting of
stationary sources, and fix typographical and grammatical errors. The
EPA is also approving the submitted revisions as meeting major source
pre-construction permitting requirements for the Fairbanks North Star
Borough fine particulate matter nonattainment area. On the effective
date of this rule, the Alaska SIP will include provisions for
electronic permit applications, online notice of draft permits, revised
modeling guidelines, and updated fine particulate matter requirements
in nonattainment areas.
DATES: This final rule is effective September 30, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID
[[Page 45420]]
No. EPA-R10-OAR-2018-0809. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., 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 at https://www.regulations.gov, or please contact the person listed in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Kristin Hall (15-H13), EPA Region 10,
Air and Radiation Division, 1200 Sixth Avenue (Suite 155), Seattle, WA
98101, at (206) 553-6357 or [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, it means the EPA.
Table of Contents
I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Review
I. Background
On October 25, 2018, Alaska submitted revisions to the Alaska SIP
for approval by the EPA. The submission includes revisions to Alaska
Administrative Code, Title 18, Environmental Conservation, Chapter 50,
Air Quality Control (18 AAC 50), state effective September 15, 2018. We
proposed to approve the submitted revisions on June 11, 2019 (84 FR
27049). An explanation of the Clean Air Act requirements, a detailed
analysis of the submission, and our reasons for proposing approval were
provided in the proposal and will not be restated here. The public
comment period for the proposal ended on July 11, 2019. We received no
comments.
II. Final Action
The EPA is approving, and incorporating by reference, revisions to
the Alaska SIP submitted on October 25, 2018. We are also approving the
submitted revisions as fulfilling nonattainment new source review
requirements that were triggered upon reclassification of the Fairbanks
North Star Borough fine particulate matter nonattainment area from
``moderate'' to ``serious'' on May 10, 2017 (82 FR 21711). On the
effective date of this rule, the Alaska SIP will contain the following
rule sections, state effective September 15, 2018:
18 AAC 50.025 Visibility and Other Special Protection
Areas;
18 AAC 50.035 Documents, Procedures, and Methods Adopted
by Reference, except (a)(6), (a)(9), and (b)(4);
18 AAC 50.040 Federal Standards Adopted by Reference,
except (a), (b), (c), (d), (e), (g), (j), and (k);
18 AAC 50.055 Industrial Processes and Fuel-Burning
Equipment, except (d)(2)(B);
18 AAC 50.215 Ambient Air Quality Analysis Methods, except
(a)(4);
18 AAC 50.220 Enforceable Test Methods, except (c)(1)(A),
(B), (C), and (c)(2);
18 AAC 50.225 Owner-Requested Limits;
18 AAC 50.230 Preapproved Emission Limits, except (d);
18 AAC 50.260 Guidelines for Best Available Retrofit
Technology under the Regional Haze Rule;
18 AAC 50.311 Nonattainment Area Major Stationary Source
Permits;
18 AAC 50.345 Construction, Minor and Operating Permits:
Standard Permit Conditions, except (b), (c)(3), and (l).
18 AAC 50.502 Minor Permits for Air Quality Protection;
18 AAC 50.540 Minor Permit: Application;
18 AAC 50.542 Minor Permit: Review and Issuance;
18 AAC 50.560 General Minor Permits; and
18 AAC 50.990 Definitions.
The listed exceptions were not submitted in the October 25, 2018
submission and are not part of the current federally-approved Alaska
SIP.\1\ For more information, please see our prior actions on September
19, 2014 (79 FR 56268) and August 14, 2007 (72 FR 45378).
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\1\ The excepted provisions implement New Source Performance
Standards (NSPS), National Emissions Standards for Hazardous Air
Pollutants (NESHAPs), and title V of the Clean Air Act and are not
relied on by the state to attain or maintain the NAAQS under Clean
Air Act section 110 and the SIP; or are inconsistent with Clean Air
Act requirements.
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III. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the
provisions set forth below as amendments to 40 CFR part 52. The EPA has
made, and will continue to make, these materials generally available
electronically through https://www.regulations.gov and at the EPA
Region 10 office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by the EPA
for inclusion in the State Implementation Plan, have been incorporated
by reference by the EPA into that plan, are fully federally-enforceable
under sections 110 and 113 of the Clean Air Act as of the effective
date of the final rulemaking of the EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\2\
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\2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Statutory and Executive Order Review
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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);
[[Page 45421]]
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 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).
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 and it will not impose
substantial direct costs on tribal governments or preempt tribal law 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 28, 2019. 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: July 31, 2019.
Chris Hladick,
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 revising
entries ``18 AAC 50.025'', ``18 AAC 50.035'', ``18 AAC 50.040'', ``18
AAC 50.055'', ``18 AAC 50.215', ``18 AAC 50.220'', ``18 AAC 50.225'',
``18 AAC 50.230'', ``18 AAC 50.260'', ``18 AAC 50.311'', ``18 AAC
50.345'', ``18 AAC 50.502'', ``18 AAC 50.540'', ``18 AAC 50.542'', ``18
AAC 50.560'', 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 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 50.025................ Visibility and Other 9/15/2018 8/29/2019, [Insert
Special Protection Federal Register
Areas. citation].
18 AAC 50.035................ Documents, 9/15/2018 8/29/2019,[Insert except (a)(6),
Procedures, and Federal Register (a)(9), and (b)(4).
Methods Adopted by citation].
Reference.
18 AAC 50.040................ Federal Standards 9/15/2018 8/29/2019, [Insert except (a), (b),
Adopted by Reference. Federal Register (c), (d), (e), (g),
citation]. (j), and (k).
* * * * * * *
18 AAC 50.055................ Industrial Processes 9/15/2018 8/29/2019, [Insert except (d)(2)(B).
and Fuel-Burning Federal Register
Equipment. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
18 AAC 50--Article 2. Program Administration
----------------------------------------------------------------------------------------------------------------
* * * * * * *
18 AAC 50.215................ Ambient Air Quality 9/15/2018 8/29/2019, [Insert except (a)(4).
Analysis Methods. Federal Register
citation].
18 AAC 50.220................ Enforceable Test 9/15/2018 8/29/2019, [Insert except (c)(1)(A),
Methods. Federal Register (B), (C), and
citation]. (c)(2).
[[Page 45422]]
18 AAC 50.225................ Owner-Requested 9/15/2018 8/29/2019, [Insert
Limits. Federal Register
citation].
18 AAC 50.230................ Preapproved Emission 9/15/2018 8/29/2019, [Insert except (d).
Limits. Federal Register
citation].
* * * * * * *
18 AAC 50.260................ Guidelines for Best 9/15/2018 8/29/2019, [Insert
Available Retrofit Federal Register
Technology under the citation].
Regional Haze Rule.
----------------------------------------------------------------------------------------------------------------
18 AAC 50--Article 3. Major Stationary Source Permits
----------------------------------------------------------------------------------------------------------------
* * * * * * *
18 AAC 50.311................ Nonattainment Area 9/15/2018 8/29/2019, [Insert
Major Stationary Federal Register
Source Permits. citation].
18 AAC 50.345................ Construction, Minor 9/15/2018 8/29/2019, [Insert except (b), (c)(3),
and Operating Federal Register and (l).
Permits: Standard citation].
Permit Conditions.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
18 AAC 50--Article 5. Minor Permits
----------------------------------------------------------------------------------------------------------------
18 AAC 50.502................ Minor Permits for Air 9/15/2018 8/29/2019, [Insert
Quality Protection. Federal Register
citation].
* * * * * * *
18 AAC 50.540................ Minor Permit: 9/15/2018 8/29/2019, [Insert
Application. Federal Register
citation].
18 AAC 50.542................ Minor Permit: Review 9/15/2018 8/29/2019, [Insert
and Issuance. Federal Register
citation].
* * * * * * *
18 AAC 50.560................ General Minor Permits 9/15/2018 8/29/2019, [Insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
18 AAC 50--Article 9. General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
18 AAC 50.990................ Definitions.......... 9/15/2018 8/29/2019, [Insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-18594 Filed 8-28-19; 8:45 am]
BILLING CODE 6560-50-P
