[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)]
[Rules and Regulations]
[Pages 85160-85162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28272]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2016-0591; FRL-9955-48-Region 10]


Air Plan Approval: AK; Permitting Fees Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve state implementation plan (SIP) revisions 
submitted by the State of Alaska (state) Department of Environmental 
Conservation on February 1, 2016. The revisions implement changes to 
permit administration and compliance fees based on the state's fee 
study results. Changes include: The addition of definitions, 
restructuring of fee categories, rearranging and renumbering of certain 
fee rules, and updating cross references to align with the restructured 
fee rules.

DATES: This rule is effective on January 24, 2017, without further 
notice, unless the EPA receives adverse comment by December 27, 2016. 
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-2016-0591 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other

[[Page 85161]]

information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Randall Ruddick at (206) 553-1999, or 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, it is intended to refer to the EPA.

Table of Contents

I. Background
II. Analysis of Rule Updates
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    Section 110 of the Clean Air Act (CAA) governs the process by which 
a state submits air quality requirements to the EPA for approval into 
the State Implementation Plan (SIP). The SIP is a state's plan to 
implement, maintain and enforce the National Ambient Air Quality 
Standards (NAAQS) set by the EPA. CAA section 110(a)(2)(L) requires 
SIPs to contain provisions that require payment of certain fees to the 
permitting authority for costs associated with permitting as well as 
implementing and enforcing the terms and conditions of permits issued. 
Alaska's air quality regulations, including provisions addressing the 
fee requirements in CAA section 110(a)(2)(L), are set forth in Alaska 
Administrative Code (AAC) Title 18 Environmental Conservation, Chapter 
50 Air Quality Control (18 AAC 50) and many of these provisions are 
incorporated into Alaska's SIP. Alaska routinely submits revisions to 
the EPA to ensure the SIP reflects current administrative code and 
statutes in accordance with the CAA. On February 1, 2016, Alaska 
Department of Environmental Conservation (ADEC) submitted such an 
update to incorporate recently revised portions of 18 AAC 50 dealing 
with air quality permit administration fees, emission fees, and 
negotiated service agreements. These regulation changes are based on 
results of the state's 2014 Fee Study Report.

II. Analysis of Rule Updates

    Most recently, on September 19, 2014, we approved into the Alaska 
SIP, portions of 18 AAC 50.400 that relate to the CAA requirements of 
section 110(a)(2)(L) (79 FR 56268). Specifically, we approved 
paragraphs (e), (g), (h), (i), and portions of (j)--requiring new 
source review permit fees and SIP-approved open burning program fees. 
In the revisions submitted on February 1, 2016, Alaska repealed 18 AAC 
50.400 and then updated, reorganized and readopted the provision. The 
state requests approval of 18 AAC 50.400(d), (e), (f), (g), and (h), in 
general the provisions that correspond to the fee provisions previously 
approved in the Alaska SIP. We have reviewed the changes and approve 
the portions of the readopted version of 18 AAC 50.400 that contain the 
requirements for sources to pay new source review permit fees and SIP-
approved open burning program fees. Alaska also requested approval of 
revisions to 18 AAC 50.230(c)(1)(I) and 18 AAC 50.260(p). We are 
approving these revisions because they consist solely of correcting 
cross references to 18 AAC 50.400 as necessary due to the 
reorganization and readopting of 18 AAC 50.400 mentioned above.

III. Final Action

    We are approving, and incorporating by reference, into the Alaska 
SIP the following revised provisions, state effective September 26, 
2015: 18 AAC 50.400 (except (a), (b), (c), and (i)); 18 AAC 
50.230(c)(1)(I), and 18 AAC 50.260(p).

IV. Incorporation by Reference

    In this rule, the EPA is approving regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, we are incorporating by reference the provisions described above 
in Section III. Final Action. The EPA has made, and will continue to 
make, these documents generally available electronically through http://www.regulations.gov and/or at the EPA Region 10 office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, 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 (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 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

[[Page 85162]]

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 January 24, 2017. 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 this 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, 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: November 14, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.

    For the reasons set forth 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, the table in paragraph (c) is amended by revising 
entries 18 AAC 50.230, 18 AAC 50.260, and 18 AAC 50.400 to read as 
follows:


Sec.  52.70  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Alaska Regulations and Statutes
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                                                 State effective     EPA approval
       State citation          Title/subject          date               date                Explanations
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   Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)
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                                                  * * * * * * *
18 AAC 50.230..............  Preapproved         9/26/15; 1/29/05  11/25/16,         except (d).
                              Emission Limits.                      [Insert Federal
                                                                    Register
                                                                    citation]; 8/14/
                                                                    07, 72 FR 45378.
 
                                                  * * * * * * *
18 AAC 50.260..............  Guidelines for      9/26/15; 10/6/13  11/25/16,
                              Best Available                        [Insert Federal
                              Retrofit                              Register
                              Technology                            citation]; 5/27/
                              Under the                             15, 80 FR 30161.
                              Regional Haze
                              Rule.
 
                                                  * * * * * * *
18 AAC 50.400..............  Permit                       9/26/15  11/25/16,         except (a), (b), (c), and
                              Administration                        [Insert Federal   (i).
                              Fees.                                 Register
                                                                    citation].
 
                                                  * * * * * * *
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[FR Doc. 2016-28272 Filed 11-23-16; 8:45 am]
BILLING CODE 6560-50-P