[Federal Register Volume 76, Number 27 (Wednesday, February 9, 2011)]
[Rules and Regulations]
[Pages 7116-7117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2776]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

EPA-R10-OAR-2010-0921, FRL-9257-1]


Approval and Promulgation of Implementation Plans; Alaska: 
Prevention of Significant Deterioration; Greenhouse Gas Permitting 
Authority and Tailoring Rule Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving a revision to the State Implementation 
Plan (SIP), submitted by the Commissioner of the Alaska Department of 
Environmental Conservation (ADEC) to EPA on November 19, 2010. The SIP 
revision updates Alaska's Prevention of Significant Deterioration (PSD) 
program to reflect changes to the Federal PSD program relating to the 
permitting of greenhouse gas (GHG) emissions.

DATES: This action is effective on March 11, 2011.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R10-OAR-2010-0921. All documents in the docket 
are listed on the http://www.regulations.gov Web site. Although listed 
in the index, some information may not be publicly available, i.e., 
Confidential Business Information or other information 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 through http://www.regulations.gov or 
in hard copy at EPA Region 10, Office of Air, Waste, and Toxics, AWT-
107, 1200 Sixth Avenue, Seattle, Washington 98101. EPA requests that 
you contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30, excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Scott Hedges at telephone number: 
(206) 553-0296, e-mail address: [email protected], or the above EPA, 
Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.
    Information is organized as follows:

Table of Contents

I. Background
II. Public Comments on the Proposed Action
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On December 6, 2010, EPA published in the Federal Register, a 
proposal to approve a draft revision to the Alaska SIP, submitted by 
the Commissioner of ADEC to EPA on October 25, 2010, for parallel 
processing if the final SIP revision submitted by ADEC to EPA was 
consistent with the draft SIP revision. See 75 FR 75658. The draft SIP 
revision reflected changes to the Federal PSD program as of August 2, 
2010 relating to the permitting of GHGs. In the proposal, EPA made the 
preliminary determination that the draft SIP revision was approvable as 
a SIP strengthening measure because it was consistent with the Clean 
Air Act (CAA) and EPA regulations regarding PSD permitting for GHGs.
    ADEC submitted to EPA a final SIP revision relating to the 
permitting of GHGs on November 19, 2010. The final SIP revision is 
consistent with the draft SIP revision.
    ADEC has also made other changes to its PSD permitting rule and 
other air regulations at the same time as this GHG-related revision. 
EPA will be acting on these other changes in a subsequent and separate 
rulemaking.

II. Public Comments on the Proposed Action

    EPA provided a 30-day review and comment period and solicited 
comments on our proposal published in the December 6, 2010, Federal 
Register (75 FR 75658). EPA received one comment, submitted by ADEC, 
which supported the proposed action.

III. Final Action

    Pursuant to section 110 of the CAA, EPA is approving as a SIP 
strengthening measure the State of Alaska's SIP revision that reflects 
changes to the Federal PSD program as of August 2, 2010, relating to 
the permitting of GHGs. The SIP revision provides Alaska with the 
authority to regulate GHGs under its

[[Page 7117]]

PSD program and establishes appropriate emissions thresholds for 
determining PSD applicability to new and modified GHG-emitting sources 
in accordance with EPA's regulations regarding PSD permitting for GHGs.

IV. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by State 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive 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 CAA; 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, 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 the 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. 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 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, 2011. 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, and Reporting and recordkeeping 
requirements.

    Dated: January 18, 2011.
Dennis J. McLerran,
Regional Administrator, Region 10.
    40 CFR part 52 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 52.70 is amended by adding paragraph (c)(38) to read as 
follows:


Sec.  52.70  Identification of plan

* * * * *
    (c) * * *
    (38) On November 19, 2010, the Alaska Department of Environmental 
Conservation (ADEC) submitted a revision to the State of Alaska 
Implementation Plan that adds a definition of ``Subject to regulation'' 
as it applies to greenhouse gases in Alaska's Prevention of Significant 
Deterioration (PSD) permit rule.
    (i) Incorporation by reference. (A) The following section of ADEC's 
air quality regulations: The incorporation by reference date for 40 CFR 
52.21 in 18 AAC 50.040(h), introductory paragraph, but only with 
respect to its incorporation by reference of the definition of 
``Subject to regulation'' in 40 CFR 52.21(b)(49) for the purpose of 
greenhouse gases only; State effective December 9, 2010.

0
3. Section 52.96 is amended by revising paragraph (a) to read as 
follows:


Sec.  52.96  Significant deterioration of air quality.

    (a) The State of Alaska Department of Environmental Conservation 
Air Quality Control Regulations as in effect on December 3, 2005 
(specifically 18 AAC 50.010 except (7) and (8); 50.015; 50.020; 
50.030(6) and (7); 50.035(a)(4) and (5); 50.040(h) except (17), (18), 
and (19); 50.215 except (a)(3); 50.250; 50.306 except (b)(2) and 
(b)(3); 50.345 except (b), (c)(3) and (l); and 50.990 except (21) and 
(77)) are approved as meeting the requirements of part C for preventing 
significant deterioration of air quality. The introductory paragraph to 
18 AAC 50.040(h) as in effect on December 9, 2010 is also approved as 
meeting the requirements of part C for preventing significant 
deterioration of air quality, but only with respect to its 
incorporation by reference of the definition of ``Subject to 
regulation'' in 40 CFR 52.21(b)(49) for the purpose of greenhouse gases 
only.
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[FR Doc. 2011-2776 Filed 2-8-11; 8:45 am]
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