[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)]
[Rules and Regulations]
[Pages 15746-15748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07520]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2016-0749; FRL-9976-71--Region 10]


Approval and Promulgation of State Implementation Plans; Alaska: 
Regional Haze Progress Report

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Alaska regional haze State Implementation Plan (SIP), 
submitted by the State of Alaska on March 10, 2016. Alaska submitted 
its Regional Haze Progress Report (``progress report'' or ``report'') 
and a negative declaration stating that further revision of the 
existing regional haze SIP is not needed at this time. Alaska submitted 
both the progress report and the negative declaration in the form of 
implementation plan revisions as required by federal regulations. The 
progress report addresses the federal Regional Haze Rule requirements 
under the Clean Air Act to submit a report describing progress in 
achieving reasonable progress goals established for regional haze and a 
determination of the adequacy of the state's existing plan addressing 
regional haze. We are also approving minor updates to the Enhanced 
Smoke Management Plan, Long-Term Strategy, and Commitment to Future 308 
Plan Revision sections of the regional haze SIP, submitted concurrently 
with the progress report.

DATES: This final rule is effective May 14, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2016-0749. All documents in the docket are 
listed on the https://www.regulations.gov website. 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 and 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 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: Jeff Hunt, Air Planning Unit, Office 
of Air and Waste (OAW-150), EPA Region 10, 1200 Sixth Ave Suite 900, 
Seattle, WA 98101; telephone number: (206) 553-0256; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background Information
II. Final Action
III. Statutory and Executive Orders Review

I. Background Information

    On February 16, 2018, the EPA proposed to approve Alaska's Regional 
Haze Progress Report, as well as minor updates to the Enhanced Smoke 
Management Plan, Long-Term Strategy, and Commitment to Future 308 Plan 
Revision sections of the regional haze SIP, submitted concurrently with 
the progress report (83 FR 7002). An explanation of the Clean Air Act 
requirements, a detailed analysis of the submittal, and the EPA's 
reasons for proposing approval were provided in the notice of proposed 
rulemaking, and will not be restated here. The public comment period 
for the proposal ended March 19, 2018. We received no adverse 
comments.\1\
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    \1\ We received two comments in support of the proposed 
approval. We also received five comments that were not germane to 
the regional haze program or the Alaska submission. See ``AK RH 5 
year progress_Memo to File reComment'' included in the docket for 
this action.
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II. Final Action

    The EPA is approving the Alaska Regional Haze Progress Report 
submitted on March 10, 2016, as meeting the applicable requirements of 
the Clean Air Act and the federal Regional Haze Rule, as set forth in 
40 CFR 51.308(g). The EPA has determined that the existing regional 
haze SIP is adequate to meet the state's visibility goals and requires 
no substantive revision at this time, as set forth in 40 CFR 51.308(h). 
We have also determined that Alaska fulfilled the requirements in 40 
CFR 51.308(i) regarding state coordination with Federal Land Managers. 
Lastly, we are approving updates to the Enhanced Smoke Management Plan, 
Long-Term Strategy, and Commitment to Future 308 Plan Revision sections 
of the regional haze SIP, submitted concurrently with the Alaska 
Regional Haze Progress Report.

[[Page 15747]]

III. Statutory and Executive Orders Review

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air 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 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);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because actions such as SIP approvals are 
exempted under Executive Order 12866;
     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).
    The SIP is not approved to apply on any Indian reservation land and 
is also not approved to apply 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 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 June 11, 2018. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 3, 2018.
Chris Hladick,
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 revising 
the entries for ``II.III.K. Area Wide Pollutant Control Program for 
Regional Haze'' and ``III.III.K. Area Wide Pollutant Control Program 
for Regional Haze'' 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
     Name of SIP provision          geographic or         State       EPA approval date        Explanations
                                 nonattainment area  submittal date
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           State of Alaska Air Quality Control Plan: Volume II. Analysis of Problems, Control Actions
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                                                  * * * * * * *
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                                 Section III. Areawide Pollutant Control Program
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                                                  * * * * * * *
II.III.K. Area Wide Pollutant    Statewide.........       3/10/2016  4/12/2018,........  .......................
 Control Program for Regional                                        [Insert Federal
 Haze.                                                                Register
                                                                      citation].
 

[[Page 15748]]

 
                                                  * * * * * * *
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                        State of Alaska Air Quality Control Plan: Volume III. Appendices
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                                                  * * * * * * *
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                                 Section III. Areawide Pollutant Control Program
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                                                  * * * * * * *
III.III.K. Area Wide Pollutant   Statewide.........       3/10/2016  4/12/2018,........  .......................
 Control Program for Regional                                        [Insert Federal
 Haze.                                                                Register
                                                                      citation].
 
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[FR Doc. 2018-07520 Filed 4-11-18; 8:45 am]
 BILLING CODE 6560-50-P