[Federal Register Volume 73, Number 200 (Wednesday, October 15, 2008)]
[Rules and Regulations]
[Pages 60955-60957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24279]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2008-0166; FRL-8728-1]


Approval and Promulgation of Implementation Plans; Alaska; 
Interstate Transport of Pollution

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the actions of the Alaska Department of 
Environmental Conservation (ADEC) to address the provisions of Clean 
Air Act section 110(a)(2)(D)(i) for the 8-hour ozone and PM2.5 National 
Ambient Air Quality Standards (NAAQS). These provisions require each 
state to submit a State Implementation Plan (SIP) revision that 
prohibits emissions that adversely affect another state's air quality 
through interstate transport. ADEC has adequately addressed the four 
distinct elements related to the impact of interstate transport of air 
pollutants for the state of Alaska. These include prohibiting emissions 
that contribute significantly to nonattainment of the NAAQS in another 
state, interfere with maintenance of the NAAQS by another state, 
interfere with plans in another state to prevent significant 
deterioration of air quality, or interfere with efforts of another 
state to protect visibility.

DATES: This direct final rule will be effective December 15, 2008, 
without further notice, unless EPA receives adverse comment by November 
14, 2008. If adverse comment is received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2008-0166, by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: [email protected].
    C. Mail: Donna Deneen, Office of Air, Waste and Toxics, AWT-107, 
EPA, Region 10, 1200 Sixth Ave., Suite 900, Seattle, Washington 98101.
    D. Hand Delivery or Courier: EPA, Region 10 Mail Room, 9th Floor, 
1200 Sixth Ave., Seattle, Washington 98101. Attention: Donna Deneen, 
Office of Air, Waste and Toxics, AWT-107. Such deliveries are only 
accepted during normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2008-0166. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through http://www.regulations.gov or e-mail information that you consider to be CBI 
or otherwise protected. The http://www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Office of Air, Waste 
and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle, Washington 
98101.

FOR FURTHER INFORMATION CONTACT: Donna Deneen at (206) 553-6706, e-mail 
address: [email protected], fax number: (206) 553-0110, or the above 
EPA Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean

[[Page 60956]]

EPA. Information is organized as follows:

Table of Contents:

I. Background of Submittal
II. How Alaska's Submittal Addresses the Provisions of Clean Air Act 
Section 110(a)(2)(D)(i)
III. Statutory and Executive Order Reviews

I. Background of Submittal

    EPA is approving Alaska's SIP revisions to address the requirements 
of Clean Air Act (CAA) section 110(a)(2)(D)(i). This CAA section 
requires each state to submit a SIP that prohibits emissions that could 
adversely affect another state, addressing four key elements. The SIP 
must prevent sources in the state from emitting pollutants in amounts 
which will: (1) Contribute significantly to nonattainment of the NAAQS 
in another state, (2) interfere with maintenance of the NAAQS by 
another state, (3) interfere with plans in another state to prevent 
significant deterioration of air quality, or (4) interfere with efforts 
of another state to protect visibility.
    EPA issued guidance on August 15, 2006, entitled ``Guidance for 
State Implementation Plan (SIP) Submissions to Meet Current Outstanding 
Obligations Under Section 110(a)(2)(D)(i) for the 8-Hour Ozone and 
PM2.5 National Ambient Air Quality Standards,'' relating to SIP 
submissions to meet the requirements of CAA section 110(a)(2)(D)(i). As 
discussed below, Alaska's analyses of its SIP with respect to the 
statutory requirements of CAA section 110(a)(2)(D)(i) are consistent 
with the guidance. The discussion below covers how Alaska has addressed 
the four key requirements of CAA section 110(a)(2)(D)(i).

II. How Alaska's Submittal Addresses the Provisions of Clean Air Act 
Section 110(a)(2)(D)(i)

    Alaska addressed the first two elements of CAA section 
110(a)(2)(D)(i) by providing information supporting the conclusion that 
emissions from Alaska do not significantly contribute to nonattainment 
or interfere with maintenance of the 8-hour ozone and PM2.5 NAAQS in 
another state. Importantly, Alaska's southernmost border is separated 
from the border of the lower 48 states by over 500 air miles which 
means any 8-hour ozone or PM2.5 nonattainment or maintenance area in 
another state is more than 500 miles from the Alaska border. Alaska 
also points to aggregate manmade PM22.5 and ozone levels that are 
minimal relative to national levels. A statewide emission inventory 
shows that facilities in Alaska make up only 0.1 percent of the total 
PM2.5 emissions in the United States. Similarly, precursor emissions to 
PM2.5 (e.g., sulfur dioxide and nitrogen oxides) and precursor 
emissions to ozone (e.g., volatile organic compounds and nitrogen 
oxides) from facilities in Alaska make up only from 0.0 to 0.2 percent 
of United States' emissions for those pollutants. The mountainous 
terrain of Alaska, with summits along the state borders that reach more 
than 5000 feet in height, further provides a natural topographical 
barrier for emissions of Alaska sources. Based on this information, it 
is reasonable to conclude that emissions from Alaska do not 
significantly contribute to nonattainment or interfere with maintenance 
of the 8-hour ozone or PM2.5 NAAQS in another state.
    The third element Alaska addressed is prevention of significant 
deterioration (PSD). For 8-hour ozone, the state has met the obligation 
by confirming that it has a fully approved PSD/NSR program. Alaska's 
PSD/NSR program was approved on February 16, 1995 (60 FR 8943) and more 
recently on August 14, 2007. 72 FR 45378. The approved program 
implements the 8-hour ozone standard and relevant requirements of the 
Phase II ozone implementation rule as required in 69 FR 23951 (April 
30, 2004) and 70 FR 71612 (November 29, 2005). For PM2.5, Alaska's PSD 
program is being implemented in accordance with EPA's interim guidance 
calling for the use of PM10 as a surrogate for PM2.5 for the purposes 
of PSD review.
    The fourth element Alaska addressed is protection of visibility. 
EPA's regional haze regulations, 64 FR 35714 (July 1, 1999), require 
states to submit regional haze SIPS to EPA by December 17, 2007. Since 
states generally have not submitted their regional haze SIPs, Alaska 
indicates that it is not possible for Alaska to assess its 
compatibility or interference with control measures in another state's 
Regional Haze (visibility) SIP and is working with the Western Regional 
Air Partnership to prepare a SIP to address EPA's regional haze 
regulations.\a\
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    \a\ ADEC combined its CAA section 110(a)(2)(d)(i) SIP revision 
with revisions to ADEC's regulations at 18 AAC 50 relating to Best 
Available Retrofit Technology for purposes of public notice and 
hearing. In this action, EPA is approving ADEC's submittal as it 
relates to CAA sectin 110(a)(2)(d)(i) and is taking no actions on 
the revisions to 18 AAC 50 relating to Best Available Retrofit 
Technology.
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    Based on this and other information provided by Alaska in its SIP 
submittal, EPA believes the state has sufficiently demonstrated that 
emissions from Alaska do not significantly contribute to nonattainment 
or interfere with maintenance of the NAAQS in another state, or 
interfere with measures required to be included in the SIP for any 
other State to prevent significant deterioration of air quality or to 
protect visibility. Additional supporting information can be found in 
the docket.

III. 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 Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 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).


[[Page 60957]]


In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under 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 December 15, 2008. 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, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: October 1, 2008.
Elin D. Miller,
Regional Administrator, Region 10.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as 
follows:

PART 52--[AMENDED]

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. Section 52.97 is added to read as follows:


Sec.  52.70  Interstate Transport for the 1997 8-hour ozone and PM2.5 
NAAQS.

    On February 7, 2008, the Alaska Department of Environmental 
Conservation submitted a SIP revision to meet the requirements of Clean 
Air Act section 110(a)(2)(D)(i). EPA has approved this submittal.

[FR Doc. E8-24279 Filed 10-14-08; 8:45 am]
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