[Federal Register Volume 80, Number 4 (Wednesday, January 7, 2015)]
[Rules and Regulations]
[Pages 832-833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30956]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2014-0753; FRL-9921-40-Region 10]


Approval and Promulgation of Implementation Plans; Alaska: 
Nonattainment New Source Review

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the Alaska State Implementation Plan 
(SIP) submitted by the Commissioner of the Alaska Department of 
Environmental Conservation (ADEC) on December 11, 2009, November 29, 
2010, December 10, 2012, January 28, 2013, July 1, 2014, and October 
24, 2014, to meet Clean Air Act (CAA) requirements. These revisions 
update Alaska's adoption by reference of the Federal preconstruction 
permitting regulations for large industrial (major source) facilities 
located in designated nonattainment areas, referred to as the 
Nonattainment New Source Review (major NNSR) program. The major NNSR 
program is designed to ensure that major stationary sources of air 
pollution are constructed or modified in a manner that is consistent 
with attainment and maintenance of the National Ambient Air Quality 
Standards (NAAQS).

DATES: This final rule is effective on February 6, 2015.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R10-OAR-2014-0753. 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-150, 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 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Donna Deneen at (206) 553-6706, 
[email protected], or by using 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.

Table of Contents

I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    The EPA proposed action on revisions to the Alaska SIP related to 
major NNSR in a notice of proposed rulemaking published on November 4, 
2014 (79 FR 65366). In general, the revisions update the adoption by 
reference of 40 CFR 51.165 in 18 AAC 50.040(i), which is relied on as 
part of Alaska's nonattainment area major stationary source permit 
provisions in 18 AAC 50.311. The revisions were submitted by ADEC on 
December 11, 2009, November 29, 2010, December 10, 2012, January 28, 
2013, July 1, 2014, and October 24, 2014. Please see EPA's November 4, 
2014 proposed rulemaking (79 FR 65366) for further explanation of the 
revisions and the basis for our approval.

II. Response to Comments

    The EPA received one comment letter on the November 4, 2014 (79 FR 
65366), proposed rule. The comment letter, submitted by ADEC, states 
that it supports the EPA's proposed action. The EPA acknowledges ADEC's 
support of this action.

III. Final Action

Provisions the EPA Is Approving and Incorporating by Reference

    Consistent with the discussion and analysis in the proposed 
rulemaking published on November 4, 2014, the EPA is approving into the 
SIP at 40 CFR part 52, subpart C, 18 AAC 50.040(i) and 18 AAC 50.990, 
as in effect on November 9, 2014. Where the same provision has been 
amended on multiple occasions and submitted in more than one submittal, 
we are approving the most recently submitted amendment to any 
particular provision.

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 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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

[[Page 833]]

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, 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 as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 March 9, 2015. 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.

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

    Dated: December 23, 2014.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
    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, the table in paragraph (c) is amended by revising 
entries ``18 AAC 50.040'' and ``18 AAC 50.990'' to read as follows:


Sec.  52.70  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Alaska Regulations and Statutes
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                                                          State
         State citation              Title/subject      effective    EPA approval date         Explanations
                                                           date
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   Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)
                               18 AAC 50 Article 1. Ambient Air Quality Management
 
                                                  * * * * * * *
18 AAC 50.040...................  Federal Standards        11/9/14  1/7/15.............  except (a), (b), (c),
                                   Adopted by                       [Insert Federal       (d), (e), (g),
                                   Reference.                        Register             (h)(21), (j), and (k).
                                                                     citation];.
 
                                                  * * * * * * *
                                     18 AAC 50 Article 9. General Provisions
 
                                                  * * * * * * *
18 AAC 50.990...................  Definitions........      11/9/14  1/7/15.............  .......................
                                                                    [Insert Federal
                                                                     Register citation].
 
                                                  * * * * * * *
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[FR Doc. 2014-30956 Filed 1-6-15; 8:45 am]
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