[Federal Register Volume 84, Number 246 (Monday, December 23, 2019)]
[Rules and Regulations]
[Pages 70428-70429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27159]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0810; FRL-10003-25-Region 10]


Air Plan Approval; AK: Infrastructure Requirements for the 2015 
Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Whenever a new or revised National Ambient Air Quality 
Standard is promulgated, the Clean Air Act requires states to submit 
plans for the implementation, maintenance, and enforcement of such 
standard, commonly referred to as infrastructure requirements. On 
October 25, 2018, the State of Alaska submitted such a plan for the 
ozone standard revised on October 1, 2015. In this action, the 
Environmental Protection Agency (EPA) is approving the Alaska plan as 
meeting applicable infrastructure requirements.

DATES: This final rule is effective January 22, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2018-0810. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
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 will be 
publicly available only in hard copy form. Publicly available docket 
materials are available at https://www.regulations.gov, or please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Kristin Hall (15-H13), Air and 
Radiation Division, EPA Region 10, 1200 Sixth Avenue (Suite 155), 
Seattle, WA 98101, (206) 553-6357, [email protected].

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

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Review

I. Background

    On October 25, 2018, the Alaska Department of Environmental 
Conservation (ADEC) made a submission addressing the infrastructure 
requirements of CAA section 110(a)(1) and (2) for the 2015 ozone 
NAAQS.\1\ On October 15, 2019, we proposed to approve Alaska's 
infrastructure SIP submission (84 FR 55094). The reasons for our 
proposed approval are included in the proposal and will not be restated 
here. The public comment period for the proposal closed on November 14, 
2019, and we received one supportive comment. The full text of the 
comment may be found in the docket for this action.
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    \1\ Alaska's October 25, 2018 submission addresses CAA sections 
110(a)(1) and (2) infrastructure requirements for the 2015 ozone 
NAAQS and includes regulatory updates and permitting rule revisions 
for approval into the SIP. We approved the regulatory updates and 
permitting rule revisions in a separate rulemaking on August 29, 
2019 (84 FR 45419). We are also addressing the interstate transport 
portion of the infrastructure requirements related to CAA section 
110(a)(2)(D)(i)(I) in a separate action proposed on June 5, 2019 (84 
FR 26041).
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II. Final Action

    We are approving the Alaska SIP as meeting the following CAA 
section 110(a)(2) infrastructure elements for the 2015 ozone NAAQS: 
(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), 
and (M). This action is being taken under section 110 of the CAA.

III. Statutory and Executive Order 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because 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 application of those requirements would be inconsistent 
with the CAA; 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 it 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

[[Page 70429]]

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 February 21, 2020. 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.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: December 2, 2019.
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:
0
a. Revising the entry for ``III.II.D. CAA Section 110 Infrastructure 
Certification Documentation and Supporting Documents''; and
0
b. Adding an entry for ``Infrastructure Requirements--2015 Ozone 
NAAQS'' at the end of the table.
    The revision and addition 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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                                                  * * * * * * *
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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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                                                  * * * * * * *
III.II.D. CAA Section 110        Statewide.........      10/25/2018  12/23/2019,
 Infrastructure Certification                                         [Insert Federal
 Documentation and Supporting                                         Register
 Documents.                                                           citation].
 
                                                  * * * * * * *
Infrastructure Requirements--    Statewide.........      10/25/2018  12/23/2019,         Approves SIP for
 2015 Ozone NAAQS.                                                    [Insert Federal     purposes of CAA
                                                                      Register            section 110(a)(2)(A),
                                                                      citation].          (B), (C), (D)(i)(II),
                                                                                          (D)(ii), (E), (F),
                                                                                          (G), (H), (J), (K),
                                                                                          (L), and (M) for the
                                                                                          2015 Ozone NAAQS.
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[FR Doc. 2019-27159 Filed 12-20-19; 8:45 am]
 BILLING CODE 6560-50-P