[Federal Register Volume 82, Number 91 (Friday, May 12, 2017)]
[Rules and Regulations]
[Pages 22081-22083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09533]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2016-0133; FRL-9961-93-Region 10]


Approval and Promulgation of Implementation Plans; Alaska: 
Infrastructure Requirements for the 2010 Nitrogen Dioxide and 2010 
Sulfur Dioxide Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Whenever a new or revised National Ambient Air Quality 
Standard (NAAQS) is promulgated, each state must submit a plan for the 
implementation, maintenance and enforcement of such standard--commonly 
referred to as infrastructure requirements. The Environmental 
Protection Agency (EPA) is approving the May 12, 2015 Alaska State 
Implementation Plan (SIP) submission as meeting the infrastructure 
requirements for the 2010 nitrogen dioxide (NO2) and 2010 
sulfur dioxide (SO2) NAAQS.

DATES: This final rule is effective June 12, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2016-0133. All documents in the docket are 
listed on the https://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 is publicly 
available only in hard copy form. Publicly available docket materials 
are available at https://www.regulations.gov or at EPA Region 10, 
Office of Air and Waste, 1200 Sixth Avenue, Seattle, Washington 98101. 
The EPA requests that you contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section below, 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, Air Planning Unit, 
Office of Air and Waste (OAW-150), Environmental Protection Agency--
Region 10, 1200 Sixth Ave., Seattle, WA 98101; telephone number: (206) 
553-6357; email address: [email protected].

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 Comment
III. Final Action
IV. Statutory and Executive Orders Review

I. Background

    On May 12, 2015, Alaska submitted a SIP to meet the infrastructure 
requirements of Clean Air Act (CAA) sections 110(a)(1) and (2) for the 
2010 NO2 and 2010 SO2 NAAQS. On July 20, 2016, 
the EPA proposed to approve the submission as meeting certain 
infrastructure requirements (81 FR 47103). Please see our proposed 
rulemaking for further explanation and the basis for our finding. The 
public comment period for this proposal ended on August 19, 2016. We 
received one comment, from Robert Ukeiley.

[[Page 22082]]

II. Response to Comment

    Comment: The ``EPA must disapprove 110(a)(2)(C) because the Alaska 
SIP does not require that minor sources cannot obtain a minor source 
permit if they will cause or contribute to a violation of any of the 
current NAAQS. Furthermore, for some pollutants, the Alaska SIP has 
thresholds below which sources do not have to demonstrate that they 
will not cause or contribute to a violation of that NAAQS. However, 
there is no evidence that sources below these thresholds cannot cause 
or contribute to a NAAQS violation. Rather, these thresholds are 
arbitrary numbers.''
    Response: The EPA agrees that CAA section 110(a)(2)(C) and the 
minor new source review regulations at 40 CFR 51.160 through 51.164 
require SIPs to include procedures by which the state or local agency 
responsible for final decision-making on an application or approval to 
construct or modify will prevent such construction or modification if 
it will interfere with the attainment or maintenance of a national 
standard or if it will result in a violation of applicable portions of 
the control strategy. See 40 CFR 51.160(b). The EPA explained its 
approach to reviewing the minor source element of CAA section 
110(a)(2)(C) in its proposed rulemaking for this action: ``Thus, the 
EPA evaluates whether the state has an EPA-approved minor new source 
review program and whether the program addresses the pollutants 
relevant to that NAAQS. In the context of acting on an infrastructure 
SIP submission, however, the EPA does not think it is necessary to 
conduct a review of each and every provision of a state's existing 
minor source program (i.e., already in the existing SIP) for compliance 
with the requirements of the CAA and the EPA's regulations that pertain 
to such programs.'' See 81 FR 47103 at 47106 (July 20, 2016).
    In its 2010 NO2 and 2010 SO2 NAAQS 
infrastructure SIP submission, Alaska certified that its SIP contains 
provisions to address the CAA section 110(a)(2)(C) requirements 
regarding new minor sources and modifications in Article 5 (minor 
permits) of Alaska's air quality control regulations set forth at 18 
AAC 50. Alaska's SIP-approved minor new source review program addresses 
NAAQS pollutants, including NO2 and SO2. The 
commenter objects to these SIP-approved rules for two reasons. First, 
the commenter asserts that the rules do not address the non-
interference component for the minor new source/minor modification 
permitting element. However, we disagree with the commenter. Alaska's 
SIP-approved rules include provisions to deny a minor new source 
construction/modification permit if the source at issue will result in 
a violation of an ambient air quality standard. See 18 AAC 542(f) 
Approval Criteria.
    The commenter also objects to these SIP-approved rules because they 
include emissions thresholds below which a minor new source review 
permit may not be required. See 18 AAC 50.502. We agree with the 
commenter that Alaska's rules do include emissions thresholds for both 
new sources and modifications with respect to certain pollutants, 
including NO2 and SO2, below which minor new 
source review permits may not be required. The EPA's requirements for 
SIP-approved minor new source review programs do not require a state to 
permit each and every stationary source no matter how small, but rather 
require that a state specifically identify the types and sizes of 
facilities that will be subject to review. See 40 CFR 51.160(e). We 
have previously found that Alaska's current program meets all minor new 
source review permitting requirements set forth at 40 CFR 51.160 
through 40 CFR 51.164, including this requirement (September 19, 2014; 
79 FR 56268). Therefore, we are finalizing our action.

III. Final Action

    The EPA is approving the May 12, 2015 Alaska SIP submission as 
meeting the following CAA section 110(a)(2) infrastructure elements for 
the 2010 NO2 and 2010 SO2 NAAQS: (A), (B), (C), 
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). We 
note that the May 12, 2015 submission also included revisions to 
Alaska's transportation conformity regulations, approved on September 
8, 2015 (80 FR 53735), and updates to general air quality and 
permitting regulations, approved on May 19, 2016 (81 FR 31511).

IV. Statutory and Executive Orders Review

    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 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

[[Page 22083]]

``major rule'' as defined by 5 U.S.C. 804(2).
    Under CAA section 307(b)(1), petitions for judicial review of this 
action must be filed in the United States Court of Appeals for the 
appropriate circuit by July 11, 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. This action may not be challenged later in proceedings to 
enforce its requirements. (See CAA 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: April 11, 2017.
Michelle L. Pirzadeh,
Acting 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 (e) is amended by:
0
a. Revising the entry for ``CAA Section 110 Infrastructure 
Certification Documentation and Supporting Documents''; and
0
b. Adding two entries at the end of the table for ``110(a)(2) 
Infrastructure Requirements--2010 NO2 NAAQS'' and 
``110(a)(2) Infrastructure Requirements--2010 SO2 NAAQS''.
    The revision and additions read as follows:


Sec.  52.70  Identification of plan.

* * * * *
    (e) * * *

                   Epa-Approved Alaska Nonregulatory Provisions and Quasi-Regulatory Measures
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                                 Applicable geographic       State
     Name of SIP provision      or non-attainment area  submittal date  EPA approval date         Comments
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                                                  * * * * * * *
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                        State of Alaska Air Quality Control Plan: Volume III. Appendices
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                                  Section II State Air Quality Control Program
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                                                  * * * * * * *
CAA Section 110 Infrastructure  Statewide.............         5/12/15  5/12/17, [Insert
 Certification Documentation                                             Federal Register
 and Supporting Documents.                                               citation].
 
                                                  * * * * * * *
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                            Section 110(a)(2) Infrastructure and Interstate Transport
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(2) Infrastructure        Statewide.............         5/12/15  5/12/17, [Insert   Approves SIP for
 Requirements--2010 NO2 NAAQS.                                           Federal Register   purposes of CAA
                                                                         citation].         sections
                                                                                            110(a)(2)(A), (B),
                                                                                            (C), (D)(i)(II),
                                                                                            (D)(ii), (E), (F),
                                                                                            (G), (H), (J), (K),
                                                                                            (L), and (M) for the
                                                                                            2010 NO2 NAAQS.
110(a)(2) Infrastructure        Statewide.............         5/12/15  5/12/17, [Insert   Approves SIP for
 Requirements--2010 SO2 NAAQS.                                           Federal Register   purposes of CAA
                                                                         citation].         sections
                                                                                            110(a)(2)(A), (B),
                                                                                            (C), (D)(i)(II),
                                                                                            (D)(ii), (E), (F),
                                                                                            (G), (H), (J), (K),
                                                                                            (L), and (M) for the
                                                                                            2010 SO2 NAAQS.
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[FR Doc. 2017-09533 Filed 5-11-17; 8:45 am]
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