[Federal Register Volume 80, Number 173 (Tuesday, September 8, 2015)]
[Rules and Regulations]
[Pages 53735-53739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21938]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0447; FRL-9933-43-Region 10]


Approval and Promulgation of State Implementation Plans; Alaska; 
Transportation Conformity State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Alaska 
(the State). The submission addresses transportation conformity and 
general conformity requirements. The EPA is approving the submission in 
accordance with the requirements of the Clean Air Act (the Act).

DATES: This rule is effective on November 9, 2015, without further 
notice, unless the EPA receives adverse comment by October 8, 2015. If 
the EPA receives adverse comment, we will publish a timely withdrawal 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2015-0447, by any of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: [email protected]
     Mail: Karl Pepple, EPA Region 10, Office of Air, Waste and 
Toxics, AWT-150, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101
     Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue, 
Suite 900,

[[Page 53736]]

Seattle, WA 98101. Attention: Karl Pepple, Office of Air, Waste and 
Toxics, AWT-150. Such deliveries are only accepted during normal hours 
of operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2015-0447. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov 
or email. The www.regulations.gov Web site is an ``anonymous access'' 
system, which means the EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an email comment directly to the EPA without going through 
www.regulations.gov your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters, any form of encryption, and be free of any 
defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI 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. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Office of Air, Waste 
and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle WA 98101.

FOR FURTHER INFORMATION CONTACT: Karl Pepple at telephone number: (206) 
553-1778, email address: [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. What is the EPA's analysis of the state's submittal?
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On September 27, 1995, the EPA approved the general conformity 
rules in Article 7 of the Alaska Administrative Code (AAC) Title 18, 
Chapter 50 into the Alaska SIP (60 FR 49765). General conformity is a 
requirement of section 176(c) of the CAA to ensure that no federally 
supported actions outside of highway and transit projects interfere 
with the purpose of the approved SIP, i.e. the SIP's protection of the 
national ambient air quality standards (NAAQS). General conformity 
requirements currently apply to the following criteria pollutants: 
Ozone, particulate matter, carbon monoxide, and nitrogen dioxide. The 
general conformity regulation is found in 40 CFR part 93, subpart B and 
in 40 CFR 51.851.
    On December 29, 1999, the EPA approved the transportation 
conformity rules in Article 7 of the Alaska Administrative Code (AAC) 
Title 18, Chapter 50 into the Alaska SIP (64 FR 72940). Transportation 
conformity is required under section 176(c) of the Act to ensure that 
federally supported highway, transit projects, and other activities are 
consistent with (``conform to'') the purpose of the SIP. Transportation 
conformity currently applies to areas that are designated 
nonattainment, and to areas that have been redesignated to attainment 
after 1990 (maintenance areas) with plans developed under section 175A 
of the Act, for the following transportation related criteria 
pollutants: Ozone, particulate matter (PM2.5 and 
PM10), carbon monoxide, and nitrogen dioxide. The 
transportation conformity regulation is found in 40 CFR part 93, 
subpart A, and in 40 CFR 51.390.
    On August 10, 2005, the ``Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users'' (SAFETEA-LU) 
transportation act was signed into law, and among other things, it 
amended the CAA to eliminate the requirement for states to adopt and 
submit general conformity SIPs. On April 5, 2010 (75 FR 17254), the EPA 
updated the general conformity SIP regulations to be consistent with 
the transportation act by eliminating the Federal regulatory 
requirement for states to adopt and submit general conformity SIPs. See 
40 CFR 51.851. On May 7, 2015, with a supplementary letter received 
July 29, 2015, the Alaska Department of Environmental Conservation 
(ADEC) submitted a request to update the transportation conformity 
regulations and to remove the general conformity regulations from the 
Alaska SIP.

II. What is the EPA's analysis of the state's submittal?

    We reviewed the State of Alaska's (the State) transportation 
conformity and general conformity SIP submittal to ensure consistency 
with the current CAA, as amended by the transportation act, and EPA 
regulations governing state procedures for both transportation and 
general conformity.
    Alaska's submittal revises transportation conformity criteria and 
procedures related to interagency consultation, and enforceability of 
certain transportation related control and mitigation measures. 
Alaska's SIP revision updates the State's transportation conformity 
provisions, Article 7 of the Alaska Administrative Code (AAC) Title 18, 
Chapter 50 (18 AAC 50), to be consistent with the Act as amended by 
SAFETEA-LU and EPA regulations (40 CFR part 93 and 40 CFR 51.390). The 
EPA has reviewed the submittal to assure consistency with the Act as 
amended by SAFETEA-LU and EPA regulations (40 CFR part 93 and 40 CFR 
51.390) governing state procedures for transportation conformity and 
interagency consultation and has concluded that the submittal is 
approvable. Details of our review are set forth in a technical support 
document (TSD), which has been included in the docket for this action. 
Specifically, in the TSD, the EPA identifies how the submitted 
procedures, as clarified by the State's July 29, 2015, supplement, 
satisfy the requirements under 40 CFR 93.105 for interagency 
consultation with respect to the development of transportation plans 
and programs, SIPs, and conformity determinations, the resolution of 
conflicts, and the provision of adequate public consultation, and our 
requirements under 40 CFR 93.122(a)(4)(ii) and 93.125(c) for 
enforceability of control measures and mitigation measures.
    Alaska's SIP revision also addresses general conformity 
requirements. The revision removes the general conformity regulations 
from the Alaska SIP. These

[[Page 53737]]

regulations are no longer necessary since the establishment of the 
SAFETEA-LU removed the requirement for states to maintain general 
conformity regulations. Specifically, 40 CFR 51.851(a) was changed to 
indicate that states ``may,'' not ``must'' submit to the EPA a general 
conformity SIP because, as 40 CFR 51.851(b) indicates, Federal agencies 
shall use the provisions of 40 CFR part 93, subpart B in addition to 
any existing applicable state or tribal requirements to review the 
conformity of Federal actions in nonattainment or maintenance areas. 
Alaska's removal of general conformity rules from its SIP meets the 
requirements set forth in section 110(l) of the CAA with respect to 
adoption and submission of SIP revisions. 40 CFR part 93, subpart B 
continues to subject certain Federal actions to general conformity 
requirements without the need for identical state rules and SIPs. 
Therefore, repealing the state rule will not impact continuity of the 
general conformity program in Alaska, and consequently meets the 
requirements of section 110(l). Alaska's request to remove the general 
conformity regulations from the Alaska SIP is approvable.

III. Final Action

    The EPA is approving and incorporating by reference into the Alaska 
SIP the revisions to 18 AAC 50 Article 7, Transportation Conformity, 
and supporting definitions in 18 AAC 50 Article 9, General Provisions, 
submitted by the State of Alaska on May 7, 2015, and supplemented on 
July 29, 2015. The revisions are State effective April 17, 2015. We 
note that we are not approving the revision to 18 AAC 50.735 because 
the State determined it was submitted in error, and requested in the 
July 29, 2015 supplement that the EPA not approve the revision. The 
State intends to rescind the rule section in the near future. We also 
note that the May 7, 2015 submittal included a number of rule revisions 
to 18 AAC 50 Articles 1 and 2, which are not related to transportation 
and general conformity. We intend to address those rule revisions in a 
separate action.
    The EPA is approving but not incorporating by reference 
supplementary letter submitted by Alaska on July 29, 2015. The July 29, 
2015 supplement clarifies that Alaska Statute (AS) 40.25.110 and AS 
40.25.115, and implementing regulations at 2 AAC 96, Public 
Information, adequately address availability of materials and 
reasonable costs associated with access to public records with respect 
to Transportation Conformity.

IV. 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 incorporating by reference the provisions 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).

V. 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, the 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 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 (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 application of those requirements would be inconsistent 
with the Clean Air Act; 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).
    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 and will not impose substantial 
direct costs on tribal governments or preempt tribal law 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 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 November 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that the EPA can withdraw this direct final rule and address the 
comment in the proposed rulemaking. This action may not be challenged 
later in proceedings to enforce its requirements. (See section 
307(b)(2).)

[[Page 53738]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
General conformity, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Transportation 
conformity, Volatile organic compounds.

    Dated: August 13, 2015.
Edward H. Chu,
Acting Regional Administrator, Region 10.

    For the reasons stated in the preamble, 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:
0
a. The table in paragraph (c) is amended by:
0
i. Removing the heading entitled ``18 AAC 50 Article 7. Conformity'' 
and adding ``18 AAC 50 Article 7. Transportation Conformity'' in its 
place;
0
ii. Revising the entries ``18 AAC 50.700'', ``18 AAC 50.705'', ``18 AAC 
50.715'', ``18 AAC 50.720'', and ``18 AAC 50.990'';
0
iii. Removing the entries ``18 AAC 50.710'', ``18 AAC 50.725'', and 
``18 AAC 50.730''; and
0
iv. Adding the entries ``18 AAC 50.712'', ``18 AAC 50.740'', ``18 AAC 
50.745'', and ``18 AAC 50.750'' in numerical order; and
0
b. The table in paragraph (e) under the heading ``Section III Area wide 
Pollutant Control Program'', is amended by:
0
i. Revising the entry ``I. Transportation Conformity''; and
0
ii. Adding, after the new entry for ``I. Transportation Conformity'', 
an entry for ``Transportation Conformity Supplement'' .
    The revisions and additions 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 date   EPA Approval date       Explanations
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   Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                                 18 AAC 50 Article 7. Transportation Conformity
----------------------------------------------------------------------------------------------------------------
18 AAC 50.700...................  Purpose............         4/17/15  September 8, 2015    ....................
                                                                        [Insert Federal
                                                                        Register citation]
18 AAC 50.705...................  Applicability......         4/17/15  September 8, 2015    ....................
                                                                        [Insert Federal
                                                                        Register citation]
18 AAC 50.712...................  Agency                      4/17/15  September 8, 2015    ....................
                                   Responsibilities.                    [Insert Federal
                                                                        Register citation]
18 AAC 50.715...................  Interagency                 4/17/15  September 8, 2015    ....................
                                   Consultation                         [Insert Federal
                                   Procedures.                          Register citation]
18 AAC 50.720...................  Public Involvement.         4/17/15  September 8, 2015    ....................
                                                                        [Insert Federal
                                                                        Register citation]
 
                                                  * * * * * * *
18 AAC 50.740...................  Written Commitments         4/17/15  September 8, 2015    ....................
                                                                        [Insert Federal
                                                                        Register citation]
18 AAC 50.745...................  Resolving Conflicts         4/17/15  September 8, 2015    ....................
                                                                        [Insert Federal
                                                                        Register citation]
18 AAC 50.750...................  Exempt Projects....         4/17/15  September 8, 2015    ....................
                                                                        [Insert Federal
                                                                        Register citation]
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     18 AAC 50 Article 9. General Provisions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
18 AAC 50.990...................  Definitions........         4/17/15  September 8, 2015    ....................
                                                                        [Insert Federal
                                                                        Register citation]
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

[[Page 53739]]



                   EPA-Approved Alaska Nonregultaory Provisions And Quasi-Regulatory Measures
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                                     Applicable
     Name of SIP provision          geographic or         State       EPA Approval date          Comments
                                 nonattainment area  submittal date
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           State of Alaska Air Quality Control Plan: Volume II. Analysis of Problems, Control Actions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Section III Area wide Pollutant Control Program
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
I. Transportation Conformity...  Statewide.........         4/17/15  September 8, 2015   .......................
                                                                      [Insert Federal
                                                                      Register
                                                                      citation].
Transportation Conformity        Statewide.........         7/29/15  September 8, 2015   Clarification re:
 Supplement.                                                          [Insert Federal     Access to Public
                                                                      Register            Records: AS 40.25.110,
                                                                      citation].          AS 40.25.115, and 2
                                                                                          AAC 96.
 
                                                  * * * * * * *
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[FR Doc. 2015-21938 Filed 9-4-15; 8:45 am]
 BILLING CODE 6560-50-P