Air Plan Approval; AK; Revisions to Ice Fog and Sulfur Dioxide Regulations, 53793-53795 [2023-16796]
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Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Rules and Regulations
§ 1206.450 What is the purpose and scope
of this subpart?
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*
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(c) ONRR may audit and order you to
adjust all royalty payments. ONRR or an
authorized Tribe may require you to
provide records for the audit by one or
more of the methods specified in 30
CFR 1217.10.
*
*
*
*
*
PART 1208—SALE OF FEDERAL
ROYALTY OIL
5. The authority citation for part 1208
continues to read as follows:
■
Authority: 5 U.S.C. 301 et seq.; 30 U.S.C.
181 et seq., 351 et seq., 1701 et seq.; 31 U.S.C.
9701; 41 U.S.C. 601 et seq.; 43 U.S.C. 1301
et seq., 1331 et seq., and 1801 et seq.
Subpart A—General Provisions
■
6. Revise § 1208.15 to read as follows:
§ 1208.15
Audits.
Audits of the accounts and books of
lessees, operators, payors, and/or
purchasers of royalty oil taken in kind
may be made annually or at such other
times as may be directed by ONRR.
Such audits will be for the purpose of
determining compliance with applicable
statutes, regulations, and royalty oil
contracts. ONRR may require you to
provide records for the audit by one or
more of the methods specified in 30
CFR 1217.10.
PART 1217—AUDITS AND
INSPECTIONS
(1) Inspect records at an auditee’s
place of business during normal
business hours;
(2) Send records using secure
electronic means. When requesting that
records be provided electronically,
ONRR or the authorized State or Tribe
will specify the format in which the
records shall be produced, directions for
electronic transmission, and
instructions to ensure secure
transmission; or
(3) Deliver hard copy records using
the U.S. Postal Service, special courier,
overnight mail, or other delivery service
to an address specified by ONRR or an
authorized State or Tribe.
(b) [Reserved]
PART 1220—ACCOUNTING
PROCEDURES FOR DETERMINING
NET PROFIT SHARE PAYMENT FOR
OUTER CONTINENTAL SHELF OIL
AND GAS LEASE
9. The authority citation for part 1220
continues to read as follows:
■
Authority: Sec. 205, Pub. L. 95–372, 92
Stat. 643 (43 U.S.C. 1337).
10. Amend § 1220.033 by revising
paragraph (e) to read as follows:
■
§ 1220.033
Audits.
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*
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(e) ONRR or its authorized agent may
require you to provide records for the
audit by one or more of the methods
specified in 30 CFR 1217.10.
[FR Doc. 2023–17059 Filed 8–8–23; 8:45 am]
BILLING CODE P
7. The authority citation for part 1217
continues to read as follows:
■
Authority: 35 Stat. 312; 35 Stat. 781, as
amended; secs. 32, 6, 26, 41 Stat. 450, 753,
1248; secs. 1, 2, 3, 44 Stat. 301, as amended;
secs. 6, 3, 44 Stat. 659, 710; secs. 1, 2, 3, 44
Stat. 1057; 47 Stat. 1487; 49 Stat. 1482, 1250,
1967, 2026; 52 Stat. 347; sec. 10, 53 Stat.
1196, as amended; 56 Stat. 273; sec. 10, 61
Stat. 915; sec. 3, 63 Stat. 683; 64 Stat. 311;
25 U.S.C. 396, 396a–f, 30 U.S.C. 189, 271,
281, 293, 359. Interpret or apply secs. 5, 5,
44 Stat. 302, 1058, as amended; 58 Stat. 483–
485; 5 U.S.C. 301, 16 U.S.C. 508b, 30 U.S.C.
189, 192c, 271, 281, 293, 359, 43 U.S.C. 387,
unless otherwise noted.
8. Add § 1217.10 to subpart A to read
as follows:
lotter on DSK11XQN23PROD with RULES1
■
Providing Records During an
(a) ONRR or an authorized State or
Tribe may specify the method an
auditee must use to provide records for
all audits conducted under Chapter XII,
statute, or agreement. The methods may
include one or more of the following:
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40 CFR Part 52
[EPA–R10–OAR–2022–0893, FRL–10419–
02–R10]
Air Plan Approval; AK; Revisions to Ice
Fog and Sulfur Dioxide Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the Alaska State Implementation Plan
(SIP) submitted on May 16, 2022. In the
submission, Alaska revised and
repealed State regulations originally put
in place to limit water vapor emissions
that may contribute to ice fog and to
address the use of high-sulfur marine
fuels near the communities of St. Paul
Island and Unalaska. Alaska determined
that the regulations are obsolete due to
technology improvements and
SUMMARY:
Subpart A—General Provisions
§ 1217.10
Audit.
ENVIRONMENTAL PROTECTION
AGENCY
PO 00000
Frm 00033
Fmt 4700
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53793
regulatory changes, including Federal
sulfur content in fuel restrictions. The
State requested that the SIP be updated
to reflect the revised and repealed State
regulations. We have determined the
submitted revision will not interfere
with attainment of the national ambient
air quality standards or other applicable
requirements of the Clean Air Act.
DATES: This final rule is effective
September 8, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2022–0893. 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,
1200 Sixth Avenue (Suite 155), Seattle,
WA 98101, (206) 553–6357,
hall.kristin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we’’ 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 Reviews
I. Background
On May 16, 2022, Alaska submitted a
SIP revision to the EPA. In the
submission, the State revised and
repealed certain air quality regulations
and requested to update the federally
approved SIP.1 On May 24, 2023, we
proposed to approve the submission (88
FR 33555). The reasons for our proposed
approval are included in the proposal
and will not be restated here. The public
comment period closed on June 23,
2023. We received no comments on our
proposed action and therefore we are
finalizing our action as proposed.
1 The submission also updated the State’s
adoption by reference of Federal air quality
standards and test methods codified at 18 Alaska
Administrative Code (AAC) 50.035 and 18 AAC
50.040. We approved these adoption updates in a
separate action on March 22, 2023 (88 FR 17159).
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Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Rules and Regulations
II. Final Action
The EPA is approving and
incorporating by reference the ice fog
and sulfur dioxide related regulatory
changes submitted by Alaska on May
16, 2022.2 Upon the effective date of
this action, the Alaska SIP will include
the following regulations, State effective
April 16, 2022:
• 18 AAC 50.025 Visibility and other
special protection areas (establishing
geographic areas that may need
additional pollution control because of
special circumstances);
• 18 AAC 50.502 Minor permits for
air quality protection (establishing
which types of stationary sources must
obtain minor construction and/or
operating permits);
• 18 AAC 50.540 Minor permit:
application (outlining the required
contents of an application for a minor
construction and/or operating permit);
and
• 18 AAC 50.542 Minor permit:
review and issuance (establishing the
process the state uses to review permit
applications from sources, conduct
public notice and comment, and issue
permits).
The EPA is also approving Alaska’s
request to remove the following
regulation from incorporation by
reference:
• 18 AAC 50.080 Ice fog, State
effective January 18, 1997 (regulating
water vapor emissions from industrial
sources that may form ice fog).
lotter on DSK11XQN23PROD with RULES1
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, we are finalizing the incorporation
by reference of the Alaska regulatory
provisions described in section II of this
preamble and set forth in the
amendments to 40 CFR part 52 in this
document. The EPA has made, and will
continue to make, these materials
reasonably 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
2 The submission also updated the State’s
adoption by reference of Federal air quality
standards and test methods codified at 18 AAC
50.035 and 18 AAC 50.040. We approved these
adoption updates in a separate action on March 22,
2023 (88 FR 17159).
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sections 110 and 113 of the Clean Air
Act as of the effective date of the final
rule of the EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.3
The EPA is also finalizing the removal
of 18 AAC 50.080 Ice fog, State effective
January 18, 1997, as described in section
II of this preamble, from the Alaska SIP,
which is incorporated by reference
under 1 CFR part 51.
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 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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.
Executive Order 12898 (Federal
Actions to Address Environmental
3 62
PO 00000
FR 27968 (May 22, 1997).
Frm 00034
Fmt 4700
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Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. The EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ The EPA
further defines the term fair treatment to
mean that ‘‘no group of people should
bear a disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The State air agency did not evaluate
environmental justice considerations as
part of its SIP submission; the Clean Air
Act and applicable implementing
regulations neither prohibit nor require
such an evaluation. Consistent with the
EPA’s discretion under the Clean Air
Act, the EPA evaluated environmental
justice considerations as described in
our proposed action on May 24, 2023
(88 FR 33555). Due to the nature of the
action being taken here, this action is
expected to have a neutral to positive
impact on the air quality of the affected
area. In addition, there is no information
in the record inconsistent with the
stated goal of Executive Order 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
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 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).
Consistent with EPA policy, the EPA
offered the Qawalangin Tribe of
Unalaska and the Aleut Community of
St. Paul Island the opportunity to
consult on a government to government
basis prior to this action in letters dated
March 14, 2023. We received no
consultation or coordination requests
prior to this action.
This action is subject to the
Congressional Review Act, and the EPA
will submit a rule report to each House
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Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Rules and Regulations
of the Congress and to the Comptroller
General of the United States. 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 10, 2023.
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).
Authority: 42 U.S.C. 7401 et seq.
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.
Subpart C—Alaska
2. In § 52.70, paragraph (c), table 1 is
amended by:
■ a. Revising the entry ‘‘18 AAC
50.025’’;
■ b. Removing the entry ‘‘18 AAC
50.080’’; and
■ c. Revising the entries ‘‘18 AAC
50.502’’, ‘‘18 AAC 50.540’’, and ‘‘18
AAC 50.542’’.
The revisions read as follows:
■
Dated: August 1, 2023.
Casey Sixkiller,
Regional Administrator, Region 10.
For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
§ 52.70
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
Identification of plan.
*
*
(c) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
TABLE 1 TO PARAGRAPH (c)—EPA-APPROVED ALASKA REGULATIONS
State citation
State
effective
date
Title/subject
*
*
*
*
*
18 AAC 50—Article 1. Ambient Air Quality Management
*
*
*
*
18 AAC 50.025 ................... Visibility and Other Special Protection Areas ............
*
*
18 AAC 50.502 ...................
*
*
5/16/2022
*
*
8/9/2023, [INSERT Federal Register CITATION]..
*
*
18 AAC 50—Article 5. Minor Permits
*
Minor Permits for Air Quality Protection ....................
5/16/2022
8/9/2023, [INSERT Federal Register CITATION].
*
*
*
*
18 AAC 50.540 ................... Minor Permit: Application ...........................................
*
5/16/2022
18 AAC 50.542 ...................
5/16/2022
*
8/9/2023, [INSERT Federal Register CITATION].
8/9/2023, [INSERT Federal Register CITATION].
*
*
*
Minor Permit: Review and Issuance ..........................
*
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[FR Doc. 2023–16796 Filed 8–8–23; 8:45 am]
*
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2021–0406; FRL–10991–
02–R4]
Air Plan Approval; North Carolina;
Bulk Gasoline Plants, Terminals Vapor
Recovery Systems
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
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Explanations
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Final rule.
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the North Carolina
Department of Environmental Quality
(NCDEQ), Division of Air Quality
(DAQ), via a letter dated April 13, 2021.
This SIP revision includes changes to
NCDEQ’s regulations regarding bulk
gasoline terminals and plants, gasoline
cargo tanks and vapor collection
SUMMARY:
BILLING CODE 6560–50–P
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EPA approval
date
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]]>Agencies
[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53793-53795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16796]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2022-0893, FRL-10419-02-R10]
Air Plan Approval; AK; Revisions to Ice Fog and Sulfur Dioxide
Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Alaska State Implementation Plan (SIP) submitted on May
16, 2022. In the submission, Alaska revised and repealed State
regulations originally put in place to limit water vapor emissions that
may contribute to ice fog and to address the use of high-sulfur marine
fuels near the communities of St. Paul Island and Unalaska. Alaska
determined that the regulations are obsolete due to technology
improvements and regulatory changes, including Federal sulfur content
in fuel restrictions. The State requested that the SIP be updated to
reflect the revised and repealed State regulations. We have determined
the submitted revision will not interfere with attainment of the
national ambient air quality standards or other applicable requirements
of the Clean Air Act.
DATES: This final rule is effective September 8, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2022-0893. 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,
1200 Sixth Avenue (Suite 155), Seattle, WA 98101, (206) 553-6357,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' 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 Reviews
I. Background
On May 16, 2022, Alaska submitted a SIP revision to the EPA. In the
submission, the State revised and repealed certain air quality
regulations and requested to update the federally approved SIP.\1\ On
May 24, 2023, we proposed to approve the submission (88 FR 33555). The
reasons for our proposed approval are included in the proposal and will
not be restated here. The public comment period closed on June 23,
2023. We received no comments on our proposed action and therefore we
are finalizing our action as proposed.
---------------------------------------------------------------------------
\1\ The submission also updated the State's adoption by
reference of Federal air quality standards and test methods codified
at 18 Alaska Administrative Code (AAC) 50.035 and 18 AAC 50.040. We
approved these adoption updates in a separate action on March 22,
2023 (88 FR 17159).
---------------------------------------------------------------------------
[[Page 53794]]
II. Final Action
The EPA is approving and incorporating by reference the ice fog and
sulfur dioxide related regulatory changes submitted by Alaska on May
16, 2022.\2\ Upon the effective date of this action, the Alaska SIP
will include the following regulations, State effective April 16, 2022:
---------------------------------------------------------------------------
\2\ The submission also updated the State's adoption by
reference of Federal air quality standards and test methods codified
at 18 AAC 50.035 and 18 AAC 50.040. We approved these adoption
updates in a separate action on March 22, 2023 (88 FR 17159).
---------------------------------------------------------------------------
18 AAC 50.025 Visibility and other special protection
areas (establishing geographic areas that may need additional pollution
control because of special circumstances);
18 AAC 50.502 Minor permits for air quality protection
(establishing which types of stationary sources must obtain minor
construction and/or operating permits);
18 AAC 50.540 Minor permit: application (outlining the
required contents of an application for a minor construction and/or
operating permit); and
18 AAC 50.542 Minor permit: review and issuance
(establishing the process the state uses to review permit applications
from sources, conduct public notice and comment, and issue permits).
The EPA is also approving Alaska's request to remove the following
regulation from incorporation by reference:
18 AAC 50.080 Ice fog, State effective January 18, 1997
(regulating water vapor emissions from industrial sources that may form
ice fog).
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, we are finalizing the incorporation by reference of the
Alaska regulatory provisions described in section II of this preamble
and set forth in the amendments to 40 CFR part 52 in this document. The
EPA has made, and will continue to make, these materials reasonably
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
Clean Air Act as of the effective date of the final rule of the EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\3\
---------------------------------------------------------------------------
\3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
The EPA is also finalizing the removal of 18 AAC 50.080 Ice fog,
State effective January 18, 1997, as described in section II of this
preamble, from the Alaska SIP, which is incorporated by reference under
1 CFR part 51.
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 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The State air agency did not evaluate environmental justice
considerations as part of its SIP submission; the Clean Air Act and
applicable implementing regulations neither prohibit nor require such
an evaluation. Consistent with the EPA's discretion under the Clean Air
Act, the EPA evaluated environmental justice considerations as
described in our proposed action on May 24, 2023 (88 FR 33555). Due to
the nature of the action being taken here, this action is expected to
have a neutral to positive impact on the air quality of the affected
area. In addition, there is no information in the record inconsistent
with the stated goal of Executive Order 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
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 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). Consistent with EPA policy, the EPA offered the Qawalangin
Tribe of Unalaska and the Aleut Community of St. Paul Island the
opportunity to consult on a government to government basis prior to
this action in letters dated March 14, 2023. We received no
consultation or coordination requests prior to this action.
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House
[[Page 53795]]
of the Congress and to the Comptroller General of the United States.
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 10, 2023. 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: August 1, 2023.
Casey Sixkiller,
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, paragraph (c), table 1 is amended by:
0
a. Revising the entry ``18 AAC 50.025'';
0
b. Removing the entry ``18 AAC 50.080''; and
0
c. Revising the entries ``18 AAC 50.502'', ``18 AAC 50.540'', and ``18
AAC 50.542''.
The revisions read as follows:
Sec. 52.70 Identification of plan.
* * * * *
(c) * * *
Table 1 to paragraph (c)--EPA-Approved Alaska Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval Explanations
date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
18 AAC 50--Article 1. Ambient Air Quality Management
----------------------------------------------------------------------------------------------------------------
* * * * * * *
18 AAC 50.025...................... Visibility and Other 5/16/2022 8/9/2023, .....................
Special Protection [INSERT Federal
Areas. Register
CITATION]..
----------------------------------------------------------------------------------------------------------------
* * * * * * *
18 AAC 50--Article 5. Minor Permits
----------------------------------------------------------------------------------------------------------------
18 AAC 50.502...................... Minor Permits for Air 5/16/2022 8/9/2023, .....................
Quality Protection. [INSERT Federal
Register
CITATION].
* * * * * * *
18 AAC 50.540...................... Minor Permit: 5/16/2022 8/9/2023, .....................
Application. [INSERT Federal
Register
CITATION].
18 AAC 50.542...................... Minor Permit: Review 5/16/2022 8/9/2023, .....................
and Issuance. [INSERT Federal
Register
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-16796 Filed 8-8-23; 8:45 am]
BILLING CODE 6560-50-P
