[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Rules and Regulations]
[Pages 37307-37308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16805]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2017-0040; FRL-9965-76-Region 10]


Air Plan Approval; Alaska: Infrastructure Requirements for the 
2008 Lead National Ambient Air Quality 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. On July 9, 2012, Alaska 
submitted a plan to address the infrastructure requirements for the 
lead (Pb) NAAQS promulgated on October 15, 2008. The Environmental 
Protection Agency (EPA) is approving the plan as meeting Clean Air Act 
(CAA) requirements.

DATES: This final rule is effective September 11, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2017-0040. 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. Public docket materials are available 
at https://www.regulations.gov or at the 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 to 4:30, 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. Final Action
III. Statutory and Executive Orders Review

I. Background

    On July 9, 2012, Alaska submitted a SIP to meet the infrastructure 
requirements of CAA sections 110(a)(1) and (2) for multiple NAAQS, 
including the Pb NAAQS. On May 31, 2017, the EPA proposed to approve 
the submission as meeting certain infrastructure requirements for the 
Pb NAAQS (82 FR 24914). Please see our proposed rulemaking for further 
explanation and the basis for our finding. The public comment period 
for this proposal ended on June 30, 2017. We received no comments.

II. Final Action

    The EPA is approving Alaska's July 9, 2012, SIP submission as 
meeting the following CAA section 110(a)(2) infrastructure elements for 
the 2008 Pb NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), 
(H), (J), (K), (L), and (M). We note that this action does not address 
CAA section 110(a)(2)(D)(i)(I) for the 2008 Pb NAAQS, which was 
approved on August 4, 2014 (79 FR 45103).

III. 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).

[[Page 37308]]

    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 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 October 10, 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: July 26, 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 adding the 
entry ``110(a)(2) Infrastructure Requirements--2008 Lead NAAQS'' at the 
end of the table to 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 nonattainment area  submittal date  EPA approval date         Comments
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                                                  * * * * * * *
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                            Section 110(a)(2) Infrastructure and Interstate Transport
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                                                  * * * * * * *
110(a)(2) Infrastructure        Statewide.............          7/9/12  8/10/17 [insert    Approves SIP for
 Requirements--2008 Lead 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
                                                                                            2008 Lead NAAQS.
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[FR Doc. 2017-16805 Filed 8-9-17; 8:45 am]
 BILLING CODE 6560-50-P