[Federal Register Volume 79, Number 149 (Monday, August 4, 2014)]
[Rules and Regulations]
[Pages 45103-45105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18200]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2011-0609; FRL-9914-48-Region 10]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving the State Implementation Plan (SIP) 
submittals from Alaska to address the interstate transport provisions 
of the Clean Air Act (CAA) for the 2006 fine particulate matter 
(PM2.5), 2008 ozone, and 2008 lead (Pb) National Ambient Air 
Quality Standards (NAAQS). The CAA requires that each SIP contain 
adequate provisions prohibiting air emissions that will have certain 
adverse air quality effects in other states. The EPA has determined 
that Alaska's SIP submittals on March 29, 2011, and July 9, 2012, 
contain adequate provisions to ensure that air emissions in Alaska do 
not significantly contribute to nonattainment or interfere with 
maintenance of the 2006 PM2.5, 2008 ozone, and 2008 Pb NAAQS 
in any other state.

DATES: This final rule is effective on September 3, 2014.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R10-OAR-2011-0609. 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 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 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. The 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: Keith Rose at: (206) 553-1949,

[[Page 45104]]

[email protected], or the above EPA, Region 10 address.

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

Table of Contents

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

I. Background

    On March 29, 2011, and July 9, 2012, Alaska submitted SIP revisions 
to the EPA demonstrating that the Alaska SIP meets the interstate 
transport requirements of CAA section 110(a)(2)(D)(i) for the 2006 
PM2.5, 2008 ozone, and 2008 lead NAAQS. On April 28, 2014, 
we proposed approval of Alaska's submittals (79 FR 23303). An 
explanation of the CAA requirements and implementing regulations that 
are met by these SIP revisions, a detailed explanation of the 
revisions, and the EPA's reasons for the proposed action were provided 
in the notice of proposed rulemaking on April 28, 2014, and will not be 
restated here. The public comment period for our proposed action ended 
on May 28, 2014. We received one comment expressing support for EPA's 
proposed approval of the state's interstate transport SIP submission.

II. Final Action

    The EPA is approving the SIP submittals from Alaska on March 29, 
2011, and July 9, 2012, to address the interstate transport provisions 
of the CAA section 110(a)(2)(D)(i)(I) for the 2006 PM2.5, 
2008 ozone, and 2008 Pb NAAQS. The EPA has determined that Alaska's SIP 
submittals on March 29, 2011, and July 9, 2012, contain adequate 
provisions to ensure that air emissions in Alaska do not significantly 
contribute to nonattainment or interfere with maintenance of the 2006 
PM2.5, 2008 ozone, and 2008 Pb NAAQS in any other state.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 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 (Public Law 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 this action does not involve technical standards; 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 October 3, 2014. 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, Lead, Particulate matter, and Reporting and recordkeeping 
requirements.

    Dated: July 8, 2014.
Dennis J. McLerran,
Regional Administrator, Region 10.

    Therefore, 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. In Sec.  52.70, the table in paragraph (e) is amended by adding two 
entries at the end of the table to read as follows:


Sec.  52.70  Identification of plan.

* * * * *
    (e) * * *

[[Page 45105]]



                   EPA-Approved Alaska Nonregulatory Provisions and Quasi-Regulatory Measures
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                                   Applicable geographic       State
      Name of SIP provision        or nonattainment area  submittal date   EPA approval date       Comments
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                                                  * * * * * * *
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                            Section 110(a)(2) Infrastructure and Interstate Transport
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                                                  * * * * * * *
Interstate Transport              Statewide.............       3/29/2011  8/4/14 [Insert      Approves SIP for
 Requirements--2008 Ozone and                                              Federal Register    purposes of CAA
 2006 PM2.5 NAAQS.                                                         citation].          section
                                                                                               110(a)(2)(D)(i)(I
                                                                                               ) for the 2008
                                                                                               Ozone and 2006
                                                                                               PM2.5 NAAQS.
Interstate Transport              Statewide.............        7/9/2012  8/4/14 [Insert      Approves SIP for
 Requirements--2008 Lead NAAQS.                                            Federal Register    purposes of CAA
                                                                           citation].          section
                                                                                               110(a)(2)(D)(i)(I
                                                                                               ) for the 2008
                                                                                               Lead NAAQS.
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[FR Doc. 2014-18200 Filed 8-1-14; 8:45 am]
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