[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Rules and Regulations]
[Pages 30161-30163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12655]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2014-0532; FRL-9928-17-Region 10]


Approval and Promulgation of Implementation Plans; Alaska

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the Alaska State Implementation Plan (SIP) submitted on 
July 1, 2014 and October 24, 2014. These revisions primarily update the 
adoption by reference of Federal regulations and definitions into the 
Alaska SIP. The revisions also clarify stationary source permitting 
rules governing owner-requested emission limits and revise the SIP to 
reflect the redesignation of the Eagle River area of Anchorage. Upon 
the effective date, the Alaska SIP will be updated to reflect recent 
Federal regulatory changes and actions.

DATES: This final rule is effective on June 26, 2015.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R10-OAR-2014-0532. 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: Kristin Hall at (206) 553-6357, 
[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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background

    In a notice of proposed rulemaking published in the Federal 
Register at 80 FR 14038, March 18, 2015, the EPA proposed to approve 
and incorporate by reference revisions to the Alaska SIP submitted on 
July 1, 2014 and October 24, 2014. Please see our March 18, 2015, 
proposed rulemaking for further explanation and the basis for our 
finding. The public comment period for the proposal ended on April 17, 
2015. We received a comment letter from the Alaska Department of 
Environmental Conservation, dated April 16, 2015, acknowledging our 
work and supporting the proposal. We received no other comments.

II. Final Action

    The EPA is approving and incorporating by reference into the Alaska 
SIP changes to the following provisions submitted on July 1, 2014 and 
October 24, 2014:
     18 AAC 50.015 ``Air Quality Designations, Classifications, 
and Control Regions'' (State effective 10/6/2013);
     18 AAC 50.040 ``Federal Standards Adopted by Reference'' 
(State effective 10/6/2013);
     18 AAC 50.225 ``Owner-Requested Limits'' (State effective 
10/6/2013);
     18 AAC 50.260 ``Guidelines for Best Available Retrofit 
Technology under the Regional Haze Rule'' (State effective 10/6/2013);
     18 AAC 50.502 ``Minor Permits for Air Quality Protection'' 
(State effective 11/9/2014); and
     18 AAC 50.990 ``Definitions'' (State effective 11/9/2014).

We note that this action does not address the submitted revisions 
related to Alaska's nonattainment NSR permitting program because we 
approved those changes on January 7, 2015 (80 FR 832). This action is 
being taken under section 110 and part C of title I of the CAA.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
provisions of 18 AAC 50 set forth below. The EPA has made, and will 
continue to make, these documents generally available electronically 
through www.regulations.gov and/or in hard copy at the appropriate EPA 
office (see the ADDRESSES section of this preamble for more 
information).

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 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

[[Page 30162]]

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 July 27, 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, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

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

    Dated: May 7, 2015.
Dennis J. McLerran,
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 section 52.70, the table in paragraph (c) is amended by revising 
entries 18 AAC 50.015, 18 AAC 50.040, 18 AAC 50.225, 18 AAC 50.260, 18 
AAC 50.502, and 18 AAC 50.990 to read as follows:


Sec.  52.70  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Alaska Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                          State
        State citation              Title/subject       effective     EPA approval date         Explanations
                                                           date
----------------------------------------------------------------------------------------------------------------
   Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
18 AAC 50.015.................  Air Quality                10/6/13  05/27/15 [Insert       .....................
                                 Designations,                       Federal Register
                                 Classifications, and                citation].
                                 Control Regions.
 
                                                  * * * * * * *
18 AAC 50.040.................  Federal Standards          11/9/14  1/7/15, 80 FR 832; 05/ except (a), (b), (c),
                                 Adopted by Reference.     10/6/13   27/15 [Insert          (d), (e), (g),
                                                           12/3/05   Federal Register       (h)(21), (j), and
                                                                     citation] 8/14/07,     (k).
                                                                     72 FR 45378.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   18 AAC 50 Article 2. Program Administration
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
18 AAC 50.225.................  Owner-Requested            10/6/13  05/27/15 [Insert       .....................
                                 Limits.                             Federal Register
                                                                     citation].
 
                                                  * * * * * * *
18 AAC 50.260.................  Guidelines for Best        10/6/13  05/27/15 [Insert       .....................
                                 Available Retrofit                  Federal Register
                                 Technology under the                citation].
                                 Regional Haze Rule.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                       18 AAC 50 Article 5. Minor Permits
----------------------------------------------------------------------------------------------------------------
18 AAC 50.502.................  Minor Permits for Air      11/9/14  05/27/15 [Insert       .....................
                                 Quality Protection.                 Federal Register
                                                                     citation].
 

[[Page 30163]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     18 AAC 50 Article 9. General Provisions
----------------------------------------------------------------------------------------------------------------
18 AAC 50.990.................  Definitions..........      11/9/14  1/7/15, 80 FR 832; 05/ .....................
                                                                     27/15 [Insert
                                                                     Federal Register
                                                                     citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-12655 Filed 5-26-15; 8:45 am]
BILLING CODE 6560-50-P