Air Plan Approval; AK; Incorporation by Reference Updates and Permit Program Revisions, 7722-7725 [2022-02763]
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7722
Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 11, 2022. 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)).
PART 49—INDIAN COUNTRY: AIR
QUALITY PLANNING AND
MANAGEMENT
1. The authority citation for part 49
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
Subpart K—Implementation Plans for
Tribes—Region VIII
2. Add an undesignated center
heading and § 49.4200 to read as
follows:
■
Implementation Plan for the Northern
Cheyenne Tribe
§ 49.4200
List of Subjects in 40 CFR Part 49
Environmental protection,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Indians, Indians—law,
Indians—tribal government,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: February 4, 2022.
KC Becker,
Regional Administrator, Region 8.
Part 49 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
Identification of plan.
(a) Purpose and scope. This section
contains the approved implementation
plan for the Northern Cheyenne Tribe,
submitted to EPA on September 25,
2017. The plan consists of programs and
procedures that cover general and
emergency authorities, ambient air
quality standards, permitting
requirements for open burning, general
prohibitory rules, open burning
limitations, enforcement authorities,
and procedures for administrative
appeals and judicial review in Tribal
court.
(b) Incorporation by reference. (1)
Material listed in paragraph (c) of this
section was approved for incorporation
by reference by the Director of the
Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51.
Material is incorporated as it exists on
the date of the approval, and notice of
any change in the material will be
published in the Federal Register.
(2) EPA Region 8 certifies that the
rules/regulations provided by EPA in
the TIP compilation at the addresses in
paragraph (b)(3) of this section are an
exact duplicate of the officially
promulgated tribal rules/regulations
which have been approved as part of the
Tribal Implementation Plan.
(3) Copies of the materials
incorporated by reference may be
inspected at the Region 8 Office of EPA
at 1595 Wynkoop Street, Denver, CO
80202 or call 303–312–6002; the U.S.
Environmental Protection Agency, EPA
Docket Center (EPA/DC), Air and
Radiation Docket and Information
Center, MC 2822T, 1200 Pennsylvania
Avenue NW, Washington, DC 20460 or
call 202–566–1742; and the National
Archives and Records Administration.
For information on the availability of
this material at NARA, email
fr.inspection@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/
ibr-locations.html. Copies of the
Northern Cheyenne TIP regulations we
have approved are also available at
https://www.epa.gov/region8/air/
sip.html.
(c) EPA-approved regulations.
TABLE 1 TO PARAGRAPH (c)
Tribal citation
Title/subject
Tribal effective date
Northern Cheyenne Tribe, Northern Cheyenne Clean Air Act Tribal Implementation Plan.
Entirety ..............
December 20, 2016
[FR Doc. 2022–02724 Filed 2–9–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2021–0216; FRL–9168–02–
R10]
jspears on DSK121TN23PROD with RULES1
Air Plan Approval; AK; Incorporation
by Reference Updates and Permit
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is approving revisions to
the Alaska State Implementation Plan
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February 10, 2022
(SIP) submitted on November 10, 2020.
The revisions update the adoption by
reference of certain Federal air
regulations and add a pre-approved
emission limit option that may be used
to permit diesel engine facilities, among
other changes. The EPA’s approval
makes the revisions federally
enforceable as part of the Alaska SIP.
This final rule is effective March
14, 2022.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2021–0216. 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
ADDRESSES:
AGENCY:
SUMMARY:
EPA approval date
PO 00000
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Explanations
The Tribal effective date is based on the date the Bureau of Indian Affairs (BIA) Superintendent of the
Northern Cheyenne Agency approved the Tribe’s Ordinance No. DOI–008 (2017) adopting the Northern
Cheyenne Clean Air Act.
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, EPA Region 10, 1200 Sixth
Avenue (Suite 155), Seattle, WA 98101,
at (206) 553–6357, or hall.kristin@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we’’ or ‘‘our’’ is used, it is intended to
refer to the EPA.
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Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations
Table of Contents
I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
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I. Background
Each state has a SIP containing the
control measures and strategies to attain
and maintain the national ambient air
quality standards (NAAQS). Alaska
establishes state air quality regulations
in Alaska Administrative Code Title 18
Environmental Conservation, Chapter
50 Air Quality Control (18 AAC 50) and
submits these regulations for EPA
approval and incorporation by reference
into the Alaska SIP in the Code of
Federal Regulations (CFR) at 40 CFR
part 52, subpart C.
On November 10, 2020, Alaska
submitted revisions to the SIP and the
EPA proposed to approve the changes
on November 17, 2021 (86 FR 64105).1
The reasons for approval are included in
the proposed action and will not be
restated here. The public comment
period for the proposed action closed on
December 17, 2021 and we received no
comments. Therefore, we are finalizing
the action as proposed.
II. Final Action
The EPA is approving, and
incorporating by reference, revisions to
the Alaska SIP, submitted on November
10, 2020, as being consistent with Clean
Air Act section 110 and part C and D
requirements. Upon the effective date of
this final action, the Alaska SIP will
include the following regulations, state
effective November 7, 2020:
• 18 AAC 50.015 Air Quality
Designations, Classifications, and
Control Regions;
• 18 AAC 50.030 State Air Quality
Control Plan, except (a);
• 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 50.077 Standards for
Wood-Fired Heating Devices, except (h);
• 18 AAC 50.205 Certification;
• 18 AAC 50.230 Preapproved
Emission Limits;
• 18 AAC 50.250 Procedures and
Criteria for Revising Air Quality
Classifications;
• 18 AAC 50.311 Nonattainment
Area Major Stationary Source Permits;
1 The November 10, 2020 SIP submission also
requested EPA approval of the Mendenhall Valley
and Eagle River Limited Maintenance Plans. We
approved these submitted plans in separate actions.
Please see our actions published October 25, 2021
(86 FR 58807) and November 9, 2021 (86 FR 62096).
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• 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; and
• 18 AAC 50.990 Definitions.
III. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text in an EPA final
rule that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
finalizing the incorporation by reference
of the regulations described in section II
of this preamble. The EPA has made,
and will continue to make, these
materials generally available 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 SIP, have been incorporated by
reference by the EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rule of the
EPA’s approval, and will be
incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.2
IV. Statutory and Executive Order
Reviews
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);
• 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
2 62
PO 00000
FR 27968 (May 22, 1997).
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7723
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).
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 April 11, 2022.
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7724
Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations
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,
Authority: 42 U.S.C. 7401 et seq.
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Subpart C—Alaska
2. In § 52.70, the table in paragraph (c)
is amended by revising the entries for
‘‘18 AAC 50.015’’, ‘‘18 AAC 50.030’’,
‘‘18 AAC 50.035’’, ‘‘18 AAC 50.040’’,
‘‘18 AAC 50.077’’, ‘‘18 AAC 50.205’’,
‘‘18 AAC 50.230’’, ‘‘18 AAC 50.250’’,
‘‘18 AAC 50.311’’, ‘‘18 AAC 50.502’’,
‘‘18 AAC 50.540’’, ‘‘18 AAC 50.542’’,
and ‘‘18 AAC 50.990’’ to read as follows:
■
Dated: February 4, 2022.
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
§ 52.70
*
1. The authority citation for part 52
continues to read as follows:
■
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 50.015 .....................................
*
Air Quality Designations,
Classifications, and Control Regions.
*
*
*
18 AAC 50.030 .....................................
*
State Air Quality Control
Plan.
*
18 AAC 50.035 .....................................
Documents, Procedures,
and Methods Adopted
by Reference.
Federal Standards Adopted by Reference.
18 AAC 50.040 .....................................
*
*
18 AAC 50.077 .....................................
*
*
Standards for Wood-Fired
Heating Devices.
*
*
11/7/2020
11/7/2020
11/7/2020
11/7/2020
*
11/7/2020
*
*
*
2/10/2022, [INSERT Federal Register CITATION].
*
*
2/10/2022, [INSERT Federal Register CITATION].
2/10/2022, [INSERT Federal Register CITATION].
2/10/2022, [INSERT Federal Register CITATION].
*
*
2/10/2022, [INSERT Federal Register CITATION].
*
*
*
*
except (a).
except (a)(6), (a)(9), and
(b)(4).
except (a), (b), (c), (d), (e),
(g), (j) and (k).
*
except (h).
*
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18 AAC 50—Article 2. Program Administration
*
*
18 AAC 50.205 .....................................
*
Certification .......................
*
*
*
18 AAC 50.230 .....................................
*
Preapproved Emission
Limits.
*
*
*
18 AAC 50.250 .....................................
*
Procedures and Criteria for
Revising Air Quality
Classifications.
*
*
*
*
11/7/2020
11/7/2020
11/7/2020
*
*
*
............................................
*
*
*
2/10/2022, [INSERT Federal Register CITATION].
*
*
*
2/10/2022, [INSERT Federal Register CITATION].
*
*
*
18 AAC 50—Article 3. Major Stationary Source Permits
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Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations
EPA-APPROVED ALASKA REGULATIONS AND STATUTES—Continued
State effective
date
State citation
Title/subject
*
*
18 AAC 50.311 .....................................
*
Nonattainment Area Major
Stationary Source Permits.
*
*
*
*
11/7/2020
EPA approval date
Explanations
*
*
2/10/2022, [INSERT Federal Register CITATION].
*
*
*
*
*
*
*
2/10/2022, [INSERT Federal Register CITATION].
2/10/2022, [INSERT Federal Register CITATION].
*
18 AAC 50—Article 5. Minor Permits
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.
*
*
*
11/7/2020
*
11/7/2020
11/7/2020
2/10/2022, [INSERT Federal Register CITATION].
*
*
*
*
*
*
2/10/2022, [INSERT Federal Register CITATION].
*
18 AAC 50—Article 9. General Provisions
*
*
18 AAC 50.990 .....................................
*
*
*
*
Definitions ..........................
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
DATES:
Air Plan Approval; Montana;
Administrative Rule Revisions:
17.8.334
ADDRESSES:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
jspears on DSK121TN23PROD with RULES1
*
[EPA–R08–OAR–2016–0477; FRL–9543–01–
R8]
The Environmental Protection
Agency (EPA or Agency) is taking final
action to approve a revision to
Montana’s State Implementation Plan
(SIP). On July 6, 2016, the Governor of
Montana submitted to EPA a revision to
the Montana SIP that removed one
section of the Administrative Rules of
Montana (ARM) pertaining to aluminum
plants. In this document, EPA is
finalizing approval of the removal of
this section from the SIP. EPA
determined the provision was
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*
inconsistent with Clean Air Act (CAA)
requirements and EPA issued a SIP call
for the State to revise the provision on
June 12, 2015. Removal of this provision
corrects the deficiencies identified in
2015 related to the treatment of excess
emissions from aluminum plants and
fully satisfies the SIP call issued to
Montana.
*
[FR Doc. 2022–02763 Filed 2–9–22; 8:45 am]
SUMMARY:
*
This rule is effective on March
14, 2022.
EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2016–0477. 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 (CBI) or other information
whose disclosure 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
PO 00000
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*
*
FOR FURTHER INFORMATION CONTACT:
Ellen Schmitt, Air and Radiation
Division, EPA, Region 8, Mail Code
8ARD–IO, 1595 Wynkoop Street,
Denver, Colorado 80202–1129,
telephone number: (303) 312–6728,
email address: schmitt.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On February 22, 2013, EPA issued a
Federal Register notice of proposed
rulemaking outlining EPA’s policy at
the time with respect to SIP provisions
related to periods of startup, shutdown,
or malfunction (SSM). EPA analyzed
specific SSM SIP provisions and
explained how each one either did or
did not comply with the CAA with
regard to excess emission events.1 For
each SIP provision that EPA determined
to be inconsistent with the CAA, EPA
proposed to find that the existing SIP
provision was substantially inadequate
to meet CAA requirements and thus
1 State Implementation Plans: Response to
Petition for Rulemaking; Findings of Substantial
Inadequacy; and SIP Calls to Amend Provisions
Applying to Excess Emissions During Periods of
Startup, Shutdown, and Malfunction, 78 FR 12460
(February 22, 2013).
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]]>Agencies
[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Rules and Regulations]
[Pages 7722-7725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02763]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2021-0216; FRL-9168-02-R10]
Air Plan Approval; AK; Incorporation by Reference Updates and
Permit Program 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
November 10, 2020. The revisions update the adoption by reference of
certain Federal air regulations and add a pre-approved emission limit
option that may be used to permit diesel engine facilities, among other
changes. The EPA's approval makes the revisions federally enforceable
as part of the Alaska SIP.
DATES: This final rule is effective March 14, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2021-0216. 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, EPA Region 10, 1200
Sixth Avenue (Suite 155), Seattle, WA 98101, at (206) 553-6357, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or
``our'' is used, it is intended to refer to the EPA.
[[Page 7723]]
Table of Contents
I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background
Each state has a SIP containing the control measures and strategies
to attain and maintain the national ambient air quality standards
(NAAQS). Alaska establishes state air quality regulations in Alaska
Administrative Code Title 18 Environmental Conservation, Chapter 50 Air
Quality Control (18 AAC 50) and submits these regulations for EPA
approval and incorporation by reference into the Alaska SIP in the Code
of Federal Regulations (CFR) at 40 CFR part 52, subpart C.
On November 10, 2020, Alaska submitted revisions to the SIP and the
EPA proposed to approve the changes on November 17, 2021 (86 FR
64105).\1\ The reasons for approval are included in the proposed action
and will not be restated here. The public comment period for the
proposed action closed on December 17, 2021 and we received no
comments. Therefore, we are finalizing the action as proposed.
---------------------------------------------------------------------------
\1\ The November 10, 2020 SIP submission also requested EPA
approval of the Mendenhall Valley and Eagle River Limited
Maintenance Plans. We approved these submitted plans in separate
actions. Please see our actions published October 25, 2021 (86 FR
58807) and November 9, 2021 (86 FR 62096).
---------------------------------------------------------------------------
II. Final Action
The EPA is approving, and incorporating by reference, revisions to
the Alaska SIP, submitted on November 10, 2020, as being consistent
with Clean Air Act section 110 and part C and D requirements. Upon the
effective date of this final action, the Alaska SIP will include the
following regulations, state effective November 7, 2020:
18 AAC 50.015 Air Quality Designations, Classifications,
and Control Regions;
18 AAC 50.030 State Air Quality Control Plan, except (a);
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 50.077 Standards for Wood-Fired Heating Devices,
except (h);
18 AAC 50.205 Certification;
18 AAC 50.230 Preapproved Emission Limits;
18 AAC 50.250 Procedures and Criteria for Revising Air
Quality Classifications;
18 AAC 50.311 Nonattainment Area Major Stationary Source
Permits;
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; and
18 AAC 50.990 Definitions.
III. Incorporation by Reference
In this document, the EPA is finalizing regulatory text in an EPA
final rule that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of the regulations described in section II of this preamble.
The EPA has made, and will continue to make, these materials generally
available 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 SIP, have been incorporated by reference by the EPA into that
plan, are fully federally enforceable under sections 110 and 113 of the
CAA as of the effective date of the final rule of the EPA's approval,
and will be incorporated by reference by the Director of the Federal
Register in the next update to the SIP compilation.\2\
---------------------------------------------------------------------------
\2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Statutory and Executive Order Reviews
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);
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).
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 April 11, 2022.
[[Page 7724]]
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.
Dated: February 4, 2022.
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 revising
the entries for ``18 AAC 50.015'', ``18 AAC 50.030'', ``18 AAC
50.035'', ``18 AAC 50.040'', ``18 AAC 50.077'', ``18 AAC 50.205'', ``18
AAC 50.230'', ``18 AAC 50.250'', ``18 AAC 50.311'', ``18 AAC 50.502'',
``18 AAC 50.540'', ``18 AAC 50.542'', 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 50.015.................... Air Quality 11/7/2020 2/10/2022, [INSERT ...................
Designations, Federal Register
Classifications, CITATION].
and Control
Regions.
* * * * * * *
18 AAC 50.030.................... State Air Quality 11/7/2020 2/10/2022, [INSERT except (a).
Control Plan. Federal Register
CITATION].
18 AAC 50.035.................... Documents, 11/7/2020 2/10/2022, [INSERT except (a)(6),
Procedures, and Federal Register (a)(9), and
Methods Adopted by CITATION]. (b)(4).
Reference.
18 AAC 50.040.................... Federal Standards 11/7/2020 2/10/2022, [INSERT except (a), (b),
Adopted by Federal Register (c), (d), (e),
Reference. CITATION]. (g), (j) and (k).
* * * * * * *
18 AAC 50.077.................... Standards for Wood- 11/7/2020 2/10/2022, [INSERT except (h).
Fired Heating Federal Register
Devices. CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
18 AAC 50--Article 2. Program Administration
----------------------------------------------------------------------------------------------------------------
* * * * * * *
18 AAC 50.205.................... Certification...... 11/7/2020 ................... ...................
* * * * * * *
18 AAC 50.230.................... Preapproved 11/7/2020 2/10/2022, [INSERT ...................
Emission Limits. Federal Register
CITATION].
* * * * * * *
18 AAC 50.250.................... Procedures and 11/7/2020 2/10/2022, [INSERT ...................
Criteria for Federal Register
Revising Air CITATION].
Quality
Classifications.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
18 AAC 50--Article 3. Major Stationary Source Permits
----------------------------------------------------------------------------------------------------------------
[[Page 7725]]
* * * * * * *
18 AAC 50.311.................... Nonattainment Area 11/7/2020 2/10/2022, [INSERT ...................
Major Stationary Federal Register
Source Permits. CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
18 AAC 50--Article 5. Minor Permits
----------------------------------------------------------------------------------------------------------------
18 AAC 50.502.................... Minor Permits for 11/7/2020 2/10/2022, [INSERT ...................
Air Quality Federal Register
Protection. CITATION].
* * * * * * *
18 AAC 50.540.................... Minor Permit: 11/7/2020 2/10/2022, [INSERT ...................
Application. Federal Register
CITATION].
18 AAC 50.542.................... Minor Permit: 11/7/2020 2/10/2022, [INSERT ...................
Review and Federal Register
Issuance. CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
18 AAC 50--Article 9. General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
18 AAC 50.990.................... Definitions........ 11/7/2020 2/10/2022, [INSERT ...................
Federal Register
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2022-02763 Filed 2-9-22; 8:45 am]
BILLING CODE 6560-50-P
