[Federal Register Volume 77, Number 204 (Monday, October 22, 2012)]
[Rules and Regulations]
[Pages 64425-64427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25808]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2011-0883; FRL-9701-5]


Approval and Promulgation of Implementation Plans; Alaska: 
Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient 
Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving the State Implementation Plan (SIP) 
submittals from the State of Alaska to demonstrate that the SIP meets 
the requirements of section 110(a)(1) and (2) of the Clean Air Act 
(CAA) for the National Ambient Air Quality Standards (NAAQS) 
promulgated for ozone on July 18, 1997. EPA finds that the Alaska SIP 
meets the following 110(a)(2) infrastructure elements for the 1997 8-
hour ozone NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), 
(L), and (M). EPA is concurrently approving a number of revisions to 
the Alaska SIP as a necessary condition to approving the 110(a)(2) 
infrastructure elements for ozone. Specifically, EPA is approving 
revisions submitted by Alaska to update the SIP to include the ozone 
standard at an 8-hour averaging period, the associated federal method 
for measuring and monitoring ozone in ambient air, a general definition 
of ozone, federal Prevention of Significant Deterioration (PSD) program 
changes to regulate NOx as a precursor to ozone, and provisions to 
satisfy CAA section 128 conflict of interest disclosure requirements.

DATES: This action is effective on November 21, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R10-OAR-2011-0883. All documents in the docket are listed on 
the 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 www.regulations.gov or in hard copy at EPA 
Region 10, Office of Air, Waste and Toxics (AWT-107), 1200 Sixth 
Avenue, Suite 900, Seattle, WA 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: Kristin Hall at telephone number: 
(206) 553-6357, email address: [email protected], or the above EPA, 
Region 10 address.

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

Table of Contents

I. Background
II. Scope of Action
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On July 18, 1997, EPA promulgated a new NAAQS for ozone. EPA 
revised the ozone NAAQS to provide an 8-hour averaging period which 
replaced the previous 1-hour averaging period, and the level of the 
NAAQS was changed from 0.12 parts per million (ppm) to 0.08 ppm (62 FR 
38856). The CAA requires SIPs meeting the requirements of sections 
110(a)(1) and (2) be submitted by states within 3 years after 
promulgation of a new or revised standard. Sections 110(a)(1) and (2) 
require states to address basic SIP requirements, including emissions 
inventories, monitoring, and modeling to assure attainment and 
maintenance of the standards, so-called ``infrastructure'' 
requirements. To help states meet this statutory requirement for the 
1997 8-hour ozone NAAQS, EPA issued guidance to address infrastructure 
SIP elements under section 110(a)(1) and (2).\1\ In the case of the 
1997 8-hour ozone NAAQS, states typically have met the basic program 
elements required in section 110(a)(2) through earlier SIP submissions 
in connection with previous ozone standards. The State of Alaska 
submitted a SIP to EPA on March 2, 2012, which, among other things, 
certified that Alaska's SIP meets the infrastructure obligations for 
the 1997 8-hour ozone NAAQS. The certification included an analysis of 
Alaska's SIP as it relates to each section of the infrastructure 
requirements with regard to the 1997 8-hour ozone NAAQS. The State also 
submitted as part of the March 2, 2012, SIP submittal, existing state 
regulatory provisions to be approved into the Alaska SIP for purposes 
of meeting CAA section 128 conflict of interest disclosure 
requirements. The state requested parallel processing of the March 2, 
2012, submittal. Under this procedure, the state submits the SIP 
revision to EPA before final adoption by the state. EPA reviews this 
proposed state action and prepares a notice of proposed rulemaking. EPA 
publishes its notice of proposed rulemaking in the Federal Register and 
solicits public comment in approximately the same time frame during 
which the state is completing its rulemaking action.
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    \1\ William T. Harnett, Director, Air Quality Policy Division, 
Office of Air Quality Planning and Standards. ``Guidance on SIP 
Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-
hour Ozone and PM2.5 National Ambient Air Quality 
Standards.'' Memorandum to EPA Air Division Directors, Regions I-X, 
October 2, 2007.
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    On March 22, 2012, EPA published a notice of proposed rulemaking 
(NPR) for the State of Alaska to act on the State's infrastructure SIP 
for the 1997 8-hour ozone NAAQS (77 FR 16785). Specifically in the NPR, 
EPA proposed to approve Alaska's SIP as meeting the requirements for 
the following 110(a)(2) infrastructure elements for the 1997 8-hour 
ozone NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), 
and (M). EPA also proposed to concurrently approve a number of 
revisions to the Alaska SIP as a necessary condition to approving the 
110(a)(2) infrastructure elements for ozone. Specifically, EPA proposed 
to approve revisions submitted by Alaska on April 9, 2010, and November 
19, 2010, to update the SIP to include the ozone standard at an 8-hour 
averaging period, the associated federal method for measuring and 
monitoring ozone in ambient air, a general definition of ozone, and 
federal Prevention of Significant Deterioration (PSD) program changes 
to regulate NOX as a precursor to ozone. EPA also proposed 
to concurrently approve the

[[Page 64426]]

state regulatory provisions submitted by Alaska as part of the March 2, 
2012, SIP submittal to satisfy CAA section 128 conflict of interest 
disclosure requirements.
    EPA provided a 30-day review and comment period on the NPR 
published March 22, 2012 (77 FR 16785). The public comment period for 
EPA's NPR closed on April 23, 2012. EPA received no comments on the 
proposed action. While EPA was conducting its public notice and comment 
process, Alaska completed public review of the March 2, 2012, SIP 
submittal at the state level, as provided for through the parallel 
processing procedures described above. Alaska subsequently completed 
its state adoption process and submitted a final SIP package to EPA on 
July 9, 2012. EPA has reviewed the July 9, 2012, final SIP submittal 
and we have concluded that the content of the final submittal is 
substantively identical to the provisions that were anticipated in 
EPA's NPR published on March 22, 2012 (77 FR 16785). Therefore, we are 
taking final action on our NPR.

II. Scope of Action

    The SIP approval does not extend to sources or activities located 
in Indian Country, as defined in 18 U.S.C. 1151. EPA will continue to 
implement the CAA in Indian Country in Alaska because ADEC has not 
adequately demonstrated authority over sources and activities located 
within the exterior boundaries of the Annette Island Reserve and other 
areas of Indian Country in Alaska.

III. Final Action

    EPA is taking final action to approve the July 9, 2012, SIP 
provisions identified in our March 22, 2012, proposal as adequate to 
demonstrate that the SIP meets the requirements of section 110(a)(1) 
and (2) of the CAA for the NAAQS promulgated for ozone on July 18, 
1997. EPA is approving the following section 110(a)(2) infrastructure 
elements for Alaska for the 1997 ozone NAAQS: (A), (B), (C), (D)(ii), 
(E), (F), (G), (H), (J), (K), (L), (M). EPA is concurrently approving a 
number of revisions to the Alaska SIP as a necessary condition to 
approving the 110(a)(2) infrastructure elements for ozone. 
Specifically, EPA is approving revisions submitted by Alaska on April 
9, 2010, and November 19, 2010, to update the Alaska SIP to include the 
ozone standard at an 8-hour averaging period, the associated federal 
method for measuring and monitoring ozone in ambient air, a general 
definition of ozone, and federal PSD program changes to regulate 
NOX as a precursor to ozone. EPA is also approving the 
Alaska state regulatory provisions submitted as part of the July 9, 
2012, SIP submittal to satisfy CAA section 128 conflict of interest 
disclosure requirements.

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 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).
    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 21, 2012. 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, and Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: July 23, 2012.
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.

[[Page 64427]]

Subpart C--Alaska

0
2. Section 52.70 is amended by adding paragraphs (c)(39) and (c)(40) to 
read as follows:


Sec.  52.70  Identification of plan.

* * * * *
    (c) * * *
    (39) On April 9, 2010, the Alaska Department of Environmental 
Conservation (ADEC) submitted a revision to the Alaska State 
Implementation Plan (SIP) to update the SIP to include the 2008 ozone 
standard at an 8-hour averaging period, the associated federal method 
for measuring and monitoring ozone in ambient air, and a general 
definition of ozone.
    (i) Incorporation by reference. (A) The following revised sections 
of Alaska Administrative Code Title 18: Chapter 50, effective April 1, 
2010:
    (1) Article 1, Ambient Air Quality Management: Rule 010 Ambient Air 
Quality Standards, the undesignated introductory text, and (4); Rule 
035 Documents, procedures, and methods adopted by reference, (b) the 
undesignated introductory text, and (b)(1), but only with respect to 
the incorporation by reference of 40 CFR part 50, Appendix P;
    (2) Article 2, Program Administration: Rule 215 Ambient Air Quality 
Analysis Methods, (a) introductory text, and (a)(2);
    (3) Article 9, General Provisions, Rule 990 Definitions, (129).
    (40) On November 19, 2010, and July 9, 2012, the Alaska Department 
of Environmental Conservation (ADEC) submitted revisions to the Alaska 
State Implementation Plan (SIP) to update the SIP to include federal 
Prevention of Significant Deterioration (PSD) program changes to 
regulate NOX as a precursor to ozone, and provisions to 
satisfy CAA section 128 conflict of interest disclosure requirements.
    (i) Incorporation by reference. (A) The following revised sections 
of Alaska Administrative Code Title 18, Chapter 50, effective December 
9, 2010:
    (1) Article 1, Ambient Air Quality Management: Rule 040 Federal 
standards adopted by reference, (h) the undesignated introductory text, 
only with respect to 40 CFR Part 52 and (h)(4), only with respect to 
the incorporation by reference date for ``significant'' at 40 CFR 
52.21(b)(23)(i);
    (2) Article 9, General Provisions, Rule 990 Definitions, (52)(A), 
``major stationary source,'' (53)(A), ``major modification,'' and (92), 
``regulated NSR pollutant.''
    (ii) Additional material. (A) The following sections of Alaska 
Administrative Code Title 2 and Title 9, effective February 20, 2005:
    (1) Title 2, Administration: Chapter 50, Alaska Public Offices 
Commission: Conflict of Interest, Campaign Disclosure, Legislative 
Financial Disclosure, and Regulations of Lobbying; Article 1, Public 
Official Financial Disclosure (2 AAC 50.010-2 AAC 50.200);
    (2) Title 9, Law: Chapter 52, Executive Branch Code of Ethics (9 
AAC 52.010-9 AAC 52.990).

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 following regulations as 
in effect on April 1, 2010, are also approved as meeting the 
requirements of part C for preventing significant deterioration of air 
quality: 18 AAC 50.010 (introductory paragraph); 18 AAC 50.010(4); 18 
AAC 50.035(b) (introductory paragraph); 18 AAC 50.035(b)(1), only with 
respect to the incorporation by reference of 40 CFR part 50, Appendix 
P; 18 AAC 50.215(a) (introductory paragraph and (a)(2); and 18 AAC 
50.990(129). The following regulations as in effect on December 9, 
2010, are also approved as meeting the requirements of part C for 
preventing significant deterioration of air quality: 18 AAC 50.040(h) 
(introductory paragraph) with respect to 40 CFR 52.21, and (h)(4), only 
with respect to the incorporation by reference date for ``significant'' 
at 40 CFR 52.21(b)(23)(i) and ``subject to regulation'' at 52.21(b)(49) 
for the purpose of greenhouse gases only; and 18 AAC 50.990 (52)(A), 
(53)(A), and (92).
* * * * *

0
4. Section 52.98 is added to read as follows:


Sec.  52.98  Section 110(a)(2) infrastructure requirements.

    On July 9, 2012, the Alaska Department of Environmental Quality 
submitted a certification to address the requirements of CAA Section 
110(a)(1) and (2) for the 1997 8-hour ozone NAAQS. EPA approves the 
submittal as meeting the following 110(a)(2) infrastructure elements 
for the 1997 8-hour ozone NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G), 
(H), (J), (K), (L), and (M).

[FR Doc. 2012-25808 Filed 10-19-12; 8:45 am]
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