[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Rules and Regulations]
[Pages 17159-17161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05461]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2022-0721, FRL-10452-02-R10]


Air Plan Approval; AK; Adoption and Permitting Rule Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the Alaska State Implementation Plan submitted on May 16, 
2022, and August 11, 2022. The revisions update Alaska's adoption by 
reference date for Federal regulations relied upon for implementation 
of the air program, including permitting requirements and air pollution 
test methods. The revisions also add procedures for electronic 
submission of documents for air permits and other authorizations, 
update air permitting and emission fees, add additional clarifying 
language to the fee provisions, and specify emissions inventory 
reporting requirements. The EPA has determined that the submitted 
revisions are consistent with Clean Air Act requirements.

DATES: This final rule is effective April 21, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2022-0721. 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: Jeff Hunt, EPA Region 10, 1200 Sixth 
Avenue (Suite 155), Seattle, WA 98101, at (206) 553-6357, or 
[email protected].

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

Table of Contents

I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background

    Each state has a SIP containing the control measures and strategies 
to attain and maintain the national ambient air quality standards 
(NAAQS). Alaska establishes state air quality regulations in Alaska 
Administrative Code Title 18 Environmental Conservation, Chapter 50 Air 
Quality Control (18 AAC 50) and submits these regulations for EPA 
approval and incorporation by reference into the Alaska SIP in the Code 
of Federal Regulations (CFR) at 40 CFR part 52, subpart C.
    On May 16, 2022, and August 11, 2022, Alaska submitted revisions to 
the SIP and the EPA proposed to approve the changes on January 18, 2023 
(88 FR 2873).\1\ The reasons for approval are included in the proposed 
action and will not be restated here. The public comment period for the 
proposed action closed on February 17, 2023, and we received one 
comment in support of the action. Therefore, we are finalizing the 
action as proposed.
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    \1\ Alaska's May 16, 2022, submittal also included revisions 
regarding ice fog and sulfur dioxide special protection areas, which 
are outside the scope of this action and will be addressed in a 
separate, future rulemaking.
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II. Final Action

    The EPA is approving, and incorporating by reference, certain 
revisions to the Alaska SIP, submitted on May 16, 2022, and August 11, 
2022, as being consistent with Clean Air Act section 110 and part C and 
D requirements for the permitting of major stationary sources. Upon the 
effective date of this final action, the Alaska SIP will include the 
following regulations:
     18 AAC 50.035 Documents, Procedures and Methods Adopted by 
Reference, except (a)(6), (a)(9), and (b)(4), state effective April 16, 
2022, which adopts by reference certain Federal test procedures and 
methods for determining compliance with the NAAQS;
     18 AAC 50.040 Federal Standards Adopted by Reference, 
except (a), (b), (c), (d), (e), (g), (j) and (k), state effective April 
16, 2022, which adopts by reference certain Federal regulations for the 
permitting of new or modified major stationary sources;
     18 AAC 50.270 Electronic Submission Requirements, state 
effective September 7, 2022, which establishes requirements and 
procedures for the electronic submission of permitting forms and other 
documents;
     18 AAC 50.275 Consistency of Reporting Methodologies, 
state effective September 7, 2022, requiring consistent methodology in 
reporting air emissions;
     18 AAC 50.400 Permit Administration Fees, except (a), (b), 
(c), and (i), state effective September 7, 2022, which establishes 
permit administration fees, compliance fees, and air quality emission 
fees.

III. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text in an EPA 
final rule that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by 
reference of the regulations described in section II of this preamble. 
The EPA has made, and will continue to make, these materials generally 
available through https://www.regulations.gov and at the EPA Region 10 
Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information). 
Therefore, these materials have been approved by the EPA for inclusion 
in the SIP, have been incorporated by reference by the EPA into that 
plan, are fully federally enforceable under sections 110 and 113 of the 
CAA as of the effective date of the final rule of the EPA's approval, 
and will be incorporated by reference by the Director of the Federal 
Register in the next update to the SIP compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Reviews

    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 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.);

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     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); and
     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.
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The air agency did not evaluate environmental justice 
considerations as part of its SIP submittal; the Clean Air Act and 
applicable implementing regulations neither prohibit nor require such 
an evaluation. The EPA did not perform an EJ analysis and did not 
consider EJ in this action. Due to the nature of this action, it is 
expected to have a neutral to positive impact on the air quality of the 
affected area. Consideration of EJ is not required as part of this 
action, and there is no information in the record inconsistent with the 
stated goal of E.O. 12898 of achieving environmental justice for people 
of color, low-income populations, and Indigenous peoples.
    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 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).
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 May 22, 2023. 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: March 13, 2023.
Casey Sixkiller,
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, paragraph (c), Table 1 is amended by:
0
a. Revising the entries for ``18 AAC 50.035'', and ``18 AAC 50.040'';
0
b. Adding under the table heading ``18 AAC 50--Article 2. Program 
Administration'' entries for ``18 AAC 50.270'' and ``18 AAC 50.275'' 
immediately after the entry for ``18 AAC 50.260''; and
0
c. Revising the entry for ``18 AAC 50.400''.
    The revisions and additions read as follows:


Sec.  52.70  Identification of plan.

* * * * *
    (c) * * *

                            Table 1 to Paragraph (c)--EPA-Approved Alaska Regulations
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                                                           State
        State citation              Title/subject     effective date    EPA approval date       Explanations
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   Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50--Air Quality Control (18 AAC 50)
                              18 AAC 50--Article 1. Ambient Air Quality Management
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                                                  * * * * * * *
18 AAC 50.035.................  Documents,                 4/16/2022  3/22/2023, [INSERT    Except (a)(6),
                                 Procedures, and                       FEDERAL REGISTER      (a)(9), and (b)(4).
                                 Methods Adopted by                    CITATION].
                                 Reference.
18 AAC 50.040.................  Federal Standards          4/16/2022  3/22/2023, [INSERT    Except (a), (b),
                                 Adopted by                            FEDERAL REGISTER      (c), (d), (e), (g),
                                 Reference.                            CITATION].            (j) and (k).
 

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                                  18 AAC 50--Article 2. Program Administration
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                                                  * * * * * * *
18 AAC 50.270.................  Electronic                  9/7/2022  3/22/2023, [INSERT    ....................
                                 Submission                            FEDERAL REGISTER
                                 Requirements.                         CITATION].
18 AAC 50.275.................  Consistency of              9/7/2022  3/22/2023, [INSERT    ....................
                                 Reporting                             FEDERAL REGISTER
                                 Methodologies.                        CITATION].
 
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                                         18 AAC 50--Article 4. User Fees
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18 AAC 50.400.................  Permit                      9/7/2022  3/22/2023, [INSERT    Except (a), (b),
                                 Administration Fees.                  FEDERAL REGISTER      (c), and (i).
                                                                       CITATION].
 
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[FR Doc. 2023-05461 Filed 3-21-23; 8:45 am]
BILLING CODE 6560-50-P