[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Proposed Rules]
[Pages 33555-33560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10955]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2022-0893; FRL-10419-01-R10]
Air Plan Approval; AK; Revisions to Ice Fog and Sulfur Dioxide
Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
a revision to the Alaska State Implementation Plan (SIP) submitted on
May 16, 2022. In the submission, Alaska revised and repealed state
regulations originally put in place to limit water vapor emissions that
may contribute to ice fog and to address the use of high-sulfur marine
fuels near the communities of St. Paul Island and Unalaska. Alaska
determined that the regulations are now obsolete due to technology
improvements and regulatory changes, including Federal sulfur content
in fuel restrictions, and Alaska requested that the SIP be updated to
reflect the revised and repealed state regulations. We propose to find
that the submitted revision will not interfere with attainment of the
national ambient air quality standards or other applicable requirements
of the Clean Air Act.
DATES: Comments must be received on or before June 23, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2022-0893, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from regulations.gov. The EPA may publish any
comment received to its public docket. Do not electronically submit any
information you consider to be Confidential Business Information (CBI)
or other information the disclosure of which is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kristin Hall, EPA Region 10, 1200
Sixth Avenue, Suite 155, Seattle, WA 98101, at (206) 553-6357 or
[email protected].
SUPPLEMENTARY INFORMATION: In this document, ``we'' and ``our'' mean
the EPA.
Table of Contents
I. Background
II. Evaluation of Submission
A. Ice Fog Provisions
B. Sulfur Dioxide Provisions
III. Proposed Action
IV. Environmental Justice Considerations
V. Tribal Consultation
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Background
Each state has a State Implementation Plan (SIP) containing the air
pollution control measures and strategies used to meet the national
ambient air quality standards. These standards are established by the
EPA for the criteria pollutants: carbon monoxide, lead, nitrogen
dioxide, ozone, particulate matter, and sulfur dioxide
(SO2). The SIP contains elements such as emission limits,
pollution control technology requirements, monitoring networks, and
enforcement mechanisms, among other elements. The SIP is a living
compilation revised by the state over time to address changing air
quality conditions.
[[Page 33556]]
As the primary government entity charged with controlling air
pollution in the state, the Alaska Department of Environmental
Conservation (DEC) generally establishes state air regulations in the
Alaska Administrative Code, Title 18, Chapter 50 (18 AAC 50). The
Alaska DEC then submits state regulations to the EPA for review and
approval. Through notice and comment rulemaking, the EPA approves and
incorporates the state regulations by reference into the Alaska SIP in
the Code of Federal Regulations (CFR) at 40 CFR part 52, subpart C. As
part of the SIP, the state regulations are enforceable by the EPA, and
by citizens in Federal district court.\1\
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\1\ See citizen suit provision at Clean Air Act section 304.
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II. Evaluation of Submission
On May 16, 2022, Alaska submitted a SIP revision to the EPA. In the
submission, the state revised and repealed certain air quality
regulations and requested to update the federally approved SIP.\2\
Alaska determined that the regulations, originally put in place to
limit water vapor emissions that may contribute to ice fog and to
address the use of high-sulfur marine fuels near the communities of St.
Paul Island and Unalaska are now obsolete due to technology
improvements and regulatory changes. Alaska requested that the SIP be
updated to reflect the revised and repealed state regulations. Alaska
provided background and supporting information in the submission. We
have included the full submission in the docket for this action. The
following paragraphs of this preamble summarize our evaluation.
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\2\ The submission also updated the state's adoption by
reference of Federal air quality standards and test methods codified
at 18 AAC 50.035 and 18 AAC 50.040. We approved these adoption
updates in a separate action on March 22, 2023 (88 FR 17159).
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A. Ice Fog Provisions
Ice fog is made up of tiny ice crystals that form in the air under
extremely cold conditions. The original 1972 Alaska SIP included a
chapter on ice fog because, at the time, water vapor from cooling
ponds, industrial processes, motor vehicles and other sources
contributed to regular ice fog events that caused dangerous road
conditions and other public safety hazards. The original Alaska SIP
also included a regulation \3\ to address industrial sources of water
vapor emissions. The regulation, currently codified at 18 AAC 50.080,
stated that the Alaska DEC may require a person who proposes to build
or operate an industrial process, fuel-burning equipment, or
incinerator in an area of potential ice fog to obtain a permit and to
reduce water vapor emissions.
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\3\ 18 AAC 50.090, state effective May 26, 1972. We note that
this regulation was renumbered from 18 AAC 50.090 to 18 AAC 50.080,
state effective January 18, 1997.
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The Alaska DEC determined that the ice fog chapter and regulation
are no longer needed. The submission, included in the docket for this
action, stated that, in the 50 years since establishing the ice fog
provisions, improved technologies have reduced water vapor emissions
from industrial processes and equipment. The submission further stated
that ice fog prevention measures are required in only a handful of
permits issued to older industrial turbines in interior Alaska that use
water injection as a nitrogen oxide control measure. To address these
limited situations, the Alaska DEC retains authority under a separate
regulation, 18 AAC 50.110,\4\ to limit water vapor emissions and
prevent ice fog events.
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\4\ 18 AAC 50.110 prohibits any emission injurious to health or
welfare, animal or plant life, or property, or which would
unreasonably interfere with the enjoyment of life or property. It is
also part of the federally approved Alaska SIP.
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The EPA may approve a state's request to revise or remove a
provision from the federally approved SIP as long as the SIP revision
would not interfere with any applicable requirement concerning
attainment of the national ambient air quality standards, reasonable
further progress toward achieving those standards, or other applicable
requirements of the Clean Air Act. We have reviewed the submission and
propose to approve the request to remove the ice fog chapter and
regulation from the SIP for two reasons. First, we propose to find that
the ice fog regulation at 18 AAC 50.090 is redundant. The submission
stated that the Alaska DEC may employ a different SIP-approved
regulation, 18 AAC 50.110, to prevent ice fog events. Second, the ice
fog chapter and regulation address water vapor emissions. Water vapor
is not a criteria pollutant, precursor to a criteria pollutant, or an
additional pollutant required to be regulated under the SIP and Clean
Air Act section 110 and part C of title I. Removal of this water vapor
provision will not impact air pollution control requirements for the
control of criteria pollutants. Therefore, we propose to find that
removing the ice fog chapter and regulation from the SIP will not
interfere with any applicable requirement concerning attainment of the
national ambient air quality standards, reasonable further progress
toward achieving those standards, or other applicable requirements of
the Clean Air Act.
B. Sulfur Dioxide Provisions
In 1997, Alaska established two SO2 special protection
areas around the island fishing communities of Unalaska and St. Paul
Island.\5\ The submission, included in the docket for this action,
stated that marine vessels and on-shore industrial facilities in these
areas historically burned large quantities of high-sulfur fuel oil, as
high as 50,000 parts per million (ppm) sulfur content, or 5% sulfur by
weight. International treaty governs the sulfur content of commercial
marine fuel and, at the time Alaska established the SO2
special protection areas, allowed for the widespread burning of high-
sulfur fuel oil known as bunker fuel.
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\5\ Unalaska, population 4,254, is the largest community in the
Aleutian Islands chain. It is home to Dutch Harbor, main port to the
Bering Sea fishery. St. Paul Island, population 413, is the largest
of the Pribilof Islands, approximately 300 miles off the mainland in
the Bering Sea. Both communities are located in the Aleutians West
Census Area. See U.S. Census Bureau Data for Alaska, 2020. Available
at https://live.laborstats.alaska.gov/cen/hist.html. See also
Aleutians West Census Area map at https://live.laborstats.alaska.gov/cen/maps/bor/current/016.pdf.
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Lacking the authority to limit the sulfur content of commercial
marine fuel burned by vessels transiting near Alaska, the Alaska DEC
established SO2 special protection areas around Unalaska and
St. Paul Island. Within these special protection areas, Alaska imposed
additional minor source permitting requirements on certain sources.
Specifically, the Alaska DEC required each emissions unit with a rated
capacity of 10 million British thermal units (BTUs) or more per hour to
obtain a minor source permit prior to beginning actual construction.\6\
This requirement was in addition to the current state-wide requirement
for each new stationary source with the potential to emit (PTE)
SO2 greater than 40 tons per year to obtain a minor source
permit prior to beginning actual construction.\7\
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\6\ Previously 18 AAC 50.502(c)(2)(B).
\7\ 18 AAC 50.502(c)(1)(C).
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Additionally, each applicant for a minor source permit in a special
protection area was required to provide
[[Page 33557]]
a demonstration that the proposed potential SO2 emissions
from the stationary source would not result in a violation of the
state-adopted SO2 national ambient air quality standard
(NAAQS).\8\ Finally, each source proposed to be constructed in a
special protection area was ineligible for the Alaska DEC's streamlined
minor source permitting process. This SIP-approved process provides the
public with notice and an opportunity to request a public comment
period, however, if no member of the public makes such a request, a
full comment period is not held.\9\
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\8\ Previously 18 AAC 50.540(c)(2)(C). This requirement was in
addition to the requirement that all applications include a
demonstration that the proposed source will not interfere with
attainment or maintenance of the NAAQS for each air pollutant for
which the source's PTE exceeded the minor source permitting
threshold in 18 AAC 50.502(c)(1), (3) or (4). The latter requirement
remains a part of Alaska's SIP.
\9\ See 18 AAC 50.542.
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Since 1997, there have been significant restrictions on sulfur in
marine fuel. In 2010, the International Marine Organization (IMO)
established emission standards for vessels operating in designated
waters off the coast of North America.\10\ The North American Emissions
Control Area (ECA) covers most coastal areas of the United States,
including southeast Alaska and the Gulf of Alaska. Vessels operating in
the area must burn low sulfur marine fuel, 1,000 ppm sulfur content
(0.10% sulfur by weight). Notably, the North American ECA does not
extend to Unalaska and St. Paul Island, however, as of January 1, 2020,
the IMO limited sulfur in fuel for ships operating outside designated
ECAs to 5,000 ppm sulfur content (0.50% sulfur by weight).\11\ This
limit represents a substantial reduction from the prior IMO limit of
35,000 ppm sulfur content (3.5% sulfur by weight).
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\10\ MARPOL Annex VI is codified at 33 U.S.C. 1901 et seq.
Pursuant to 33 U.S.C. 1907 it is unlawful to act in violation of the
MARPOL Protocol.
\11\ Fuel sulfur limits are codified at 40 CFR part 1043. See 84
FR 69335, 69336 (Dec. 18, 2019).
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As stated in the submission, the Alaska DEC's assessment is that
most vessels transiting shipping routes near Unalaska and St. Paul
Island are now burning 5,000 ppm sulfur content fuel or less, an
estimated seven-fold decrease from the prior IMO limit of 35,000 ppm
sulfur content fuel. Therefore, any associated emissions increase due
to removal of the SO2 special protection area permit process
requirements would be more than offset by the reduction in
SO2 emissions from this change in the Federal sulfur content
of fuel standards. The submission requested to remove the rule denoting
the two sulfur dioxide special protection areas, 18 AAC 50.025(c), and
associated cross-references to minor stationary source permitting
rules, from the Alaska SIP.\12\
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\12\ The rules that cross reference 18 AAC 50.025(c) are part of
the minor source permitting program in Article 5 of 18 AAC 50,
specifically: 18 AAC 50.502(c)(2)(B), 18 AAC 50.540(c)(2)(C), and 18
AAC 50.542(a)(1)(B).
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The EPA may approve a state's request to revise or remove a
provision from the federally approved SIP as long as the SIP revision
would not interfere with any applicable requirement concerning
attainment of the NAAQS, reasonable further progress toward achieving
those standards, or other applicable requirements of the Clean Air
Act.\13\ We propose to approve the submitted changes for the following
reasons. First, existing Federal sulfur content of fuel standards are
adequate substitutes for the additional minor source permitting
requirements in the SO2 special protection areas because the
existing Federal standards will achieve equivalent or greater emissions
reductions. The National Emissions Inventory (NEI) data presented in
Table 1 of this preamble confirms that the commercial marine vessel
sector is the largest sulfur dioxide-emitting sector in the census area
that encompasses Unalaska and St. Paul Island.
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\13\ Clean Air Act section 110(l), 42 U.S.C. 7410(l).
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Second, the data in Table 1 of this preamble suggests that sulfur
dioxide emissions from industrial fuel combustion in the census area is
low. It is reasonable to conclude that the EPA's regulations limiting
the sulfur content of marine diesel will greatly reduce emissions from
the largest source of SO2 pollution.\14\ Alaska does not
rely on these emission reductions for credit towards attainment,
maintenance, or reasonable further progress purposes in this geographic
area. We note, however, that it is difficult to evaluate NEI data for
potential trends from year to year because the protocols for estimating
emissions change over time. For example, between 2014 and 2017, the EPA
significantly changed its protocol for estimating marine vessel
emissions and as a result, commercial marine vessel emissions data for
2017 is not directly comparable to prior years.\15\
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\14\ See 84 FR 69335, 69336 (Dec. 18, 2019). 40 CFR 1043.60(b).
\15\ See the EPA 2017 NEI technical support document at https://www.epa.gov/sites/default/files/2021-02/documents/nei2017_tsd_full_jan2021.pdf.
\16\ Source: The EPA NEI website, downloaded November 14, 2022.
Available at https://www.epa.gov/air-emissions-inventories/national-emissions-inventory-nei. 2020 NEI data not released as of the EPA's
data pull.
\17\ This table includes sectors with reported emissions greater
than zero tons per year for at least one NEI year between 2008 and
2017. For background on sectors, see page 2-1 of the EPA 2017 NEI
technical support document at https://www.epa.gov/sites/default/files/2021-02/documents/nei2017_tsd_full_jan2021.pdf.
\18\ NEI marine vessel emissions data for 2017 are not directly
comparable to prior years because the EPA changed its protocol for
estimating marine vessel emissions. See the EPA 2017 NEI technical
support document at https://www.epa.gov/sites/default/files/2021-02/documents/nei2017_tsd_full_jan2021.pdf.
Table 1--Sulfur Dioxide Emissions in Aleutians West Census Area
[Tons per year] \16\
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Sector \17\ 2008 2011 2014 2017
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Fuel Comb--Comm/Institutional--Oil.......................... 4 4 3 1
Fuel Comb--Comm/Institutional--Other........................ 0 1 1 0
Fuel Comb--Electric Generation--Oil......................... 51 15 11 15
Fuel Comb--Industrial Boilers, ICEs--Coal................... 0 0 0 1
Fuel Comb--Industrial Boilers, ICEs--Natural Gas............ 0 0 0 1
Fuel Comb--Industrial Boilers, ICEs--Oil.................... 36 14 1 1
Fuel Comb--Industrial Boilers, ICEs--Other.................. 1 0 0 0
Fuel Comb--Residential--Oil................................. 24 17 12 0
Fuel Comb--Residential--Other............................... 0 1 0 0
Fuel Comb--Residential--Wood................................ 0 0 0 1
Industrial Processes--Not Elsewhere Classified.............. 2 0 0 0
Mobile--Aircraft............................................ 1 1 3 3
Mobile--Commercial Marine Vessels........................... 41 116 71 \18\ 1,119
Mobile--Non-Road Equipment Diesel........................... 7 1 0 0
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Mobile--On-Road Diesel Heavy Duty Vehicles.................. 2 0 0 0
Mobile--On-Road non-Diesel Light Duty Vehicles.............. 2 0 0 0
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Total................................................... 171 170 102 1,142
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In addition, from 2007 through 2014, the EPA phased in ultra-low
sulfur diesel fuel standards. After 2014, the EPA mandated that all
nonroad locomotive and marine diesel fuel sold in the United States
must be ultra-low sulfur diesel and all nonroad, locomotive, and marine
engines and equipment in the United States must use this fuel.
Lastly, Alaska's existing major and minor source permitting
programs will continue to enable the Alaska DEC to manage the
construction of new sources to ensure attainment and maintenance of the
NAAQS. New major stationary sources are subject to Alaska's SIP-
approved major new source review and prevention of significant
deterioration program.\19\ In 2010, the EPA established a new, more
stringent 1-hour sulfur dioxide NAAQS.\20\ Alaska adopted the standard
into the state air plan and therefore new and modified minor industrial
sources may not construct if it would interfere with attainment or
maintenance of the 2010 SO2 1-hour NAAQS, per 18 AAC 50.045
and 18 AAC 50.542.
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\19\ 18 AAC 50 Article 3. 18 AAC 50.040(h).
\20\ The 2010 1-hour sulfur dioxide NAAQS is codified at 40 CFR
50.17.
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In addition, all new minor stationary sources with SO2
PTE greater than 40 tons per year must obtain a permit prior to
beginning actual construction.\21\ Similarly, portable oil and gas
operations must obtain a minor source permit prior to beginning actual
construction or relocation.\22\ Permit applicants for minor sources in
the former SO2 special protection areas are required to
include a demonstration that the proposed source will not interfere
with attainment or maintenance of the NAAQS for each air pollutant for
which the source's PTE exceeds the minor source permitting threshold in
18 AAC 50.502(c)(1), (3) or (4).\23\ Finally, minor stationary sources
are eligible for Alaska's fast track permitting procedures only if the
source's predicted ambient air concentration does not exceed 80 percent
of the adopted SO2 NAAQS based on a screening analysis.\24\
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\21\ 18 AAC 50.502(c)(1)(C).
\22\ 18 AAC 50.502(c)(2).
\23\ 18 AAC 50.540(c)(2)(C).
\24\ 18 AAC 50.542(b)(4).
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In general, SIP changes of this nature must be evaluated for
potential impacts on other criteria pollutants and associated NAAQS.
However, this submitted change to the Alaska SIP addresses a provision
that is limited to changes in potential SO2 emissions only.
As specified in the SIP-approved Alaska minor source permitting
regulations at 18 AAC 50.540(c)(2), any modeling required to comply
with the SO2 special protection area provision in question
would have been required to address potential changes in SO2
emissions only. Therefore, we have not extended our non-interference
analysis to other criteria pollutants and NAAQS. We propose to find
that the repeal of the sulfur dioxide special protection areas will not
interfere with any applicable requirement concerning attainment and
reasonable further progress or any other applicable requirement of the
Clean Air Act.
III. Proposed Action
The EPA is proposing to approve and incorporate by reference the
ice fog and SO2 related regulatory changes submitted by
Alaska on May 16, 2022.\25\ If finalized, the Alaska SIP will include
the following regulations, state effective April 16, 2022:
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\25\ The submission also updated the state's adoption by
reference of Federal air quality standards and test methods at 18
AAC 50.035 and 18 AAC 50.040. We are addressing these adoption
updates in a separate action.
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18 AAC 50.025 Visibility and other special protection
areas (establishing geographic areas that may need additional pollution
control because of special circumstances);
18 AAC 50.502 Minor permits for air quality protection
(establishing which types of stationary sources must obtain minor
construction and/or operating permits);
18 AAC 50.540 Minor permit: application (outlining the
required contents of an application for a minor construction and/or
operating permit); and
18 AAC 50.542 Minor permit: review and issuance
(establishing the process the state uses to review permit applications
from sources, conduct public notice and comment, and issue permits).
The EPA is also proposing to approve Alaska's request to remove the
following regulation from incorporation by reference:
18 AAC 50.080 Ice fog, state effective January 18, 1997
(regulating water vapor emissions from industrial sources that may form
ice fog).
IV. Environmental Justice Considerations
To provide additional context and information to the public on
potential environmental burdens and susceptible populations in
underserved communities in the Unalaska and St. Paul Island areas, we
conducted a screening-level analysis using the EPA's environmental
justice (EJ) screening and mapping tool, EJSCREEN.\26\ We note,
however, that this screening analysis does not serve as a basis for
this proposed action. As detailed in section II. of this preamble, the
EPA's proposed action is based on its determination that the SIP
revisions submitted by the Alaska DEC meet Clean Air Act requirements.
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\26\ EJSCREEN provides a nationally consistent dataset and
approach for combining environmental and demographic indicators.
EJSCREEN is available at https://www.epa.gov/ejscreen/what-ejscreen.
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EJSCREEN includes 12 EJ indices, each of which combines demographic
factors with a single environmental factor.\27\ EJSCREEN also includes
a
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demographic index that combines low income, race and ethnicity data for
an area.\28\ Additionally, there are individual socioeconomic and
health indicators in EJSCREEN: unemployment; less than high school
education; limited English speaking; low life expectancy; under age 5;
over age 64; asthma; and medically underserved.\29\
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\27\ The 12 EJ indices in EJSCREEN are: fine particulate matter
(annual average of fine particulate matter in ambient air); ozone
(summer seasonal ozone averages); diesel particulate matter (diesel
particulate matter level in air); air toxics cancer risk (lifetime
cancer risk of inhalation of air toxics); air toxics respiratory
hazard index; traffic proximity (count of vehicles per day at major
roads divided by distance); lead paint (housing built before 1960,
as index of potential exposure to lead paint); superfund proximity
(count of proposed and listed Superfund national priority list sites
divided by distance); risk management plan facility proximity (count
of risk management plan facilities divided by distance); hazardous
waste proximity (count of waste transfer, storage and disposal
facilities and large quantity generators divided by distance);
underground storage tanks (count of leaking underground storage
tanks and tanks within a buffered block group); wastewater discharge
(risk screening environmental indicators modeled toxic
concentrations at stream segments divided by distance).
\28\ The demographic index in EJSCREEN combines the average of
the number of individuals whose household income is less than twice
the poverty level and the number of individuals who list their
racial status as a race other than white alone and/or list their
ethnicity as Hispanic or Latino.
\29\ The unemployment indicator is based on the number of
individuals who did not have a job at all during the reporting
period made at least one specific active effort to find a job during
the prior 4 weeks, and were available for work (unless temporarily
ill). The less than high school education indicator is based on the
number of individuals age 25 and older with less than a high school
degree. The limited English speaking indicator is based on the
percent of households in which all members age 14 years and over
speak a non-English language and also speak English less than `very
well'. The low life expectancy indicator is based on the average
life expectancy ranked as percentiles. The under age 5 indicator is
based on the percent of individuals under age 5. The over age 64
indicator is based on the percent of individuals over age 64. The
asthma indicator is based on the percent of individuals with asthma.
The medically underserved indicator is based on areas designated as
have too few primary care providers, high infant mortality, high
poverty or a high elderly population.
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We ran EJSCREEN reports for the Unalaska and St. Paul Island areas
and placed the reports in the docket for this action. The results of
these analyses, described in the following paragraphs, are being
provided for informational and transparency purposes, only. There are
important caveats and uncertainties that apply to these reports and
this screening-level information. Please see the EJSCREEN technical
documentation for more discussion on the limitations of this
information.\30\ We note that four of the EJ indices are not available
for the geographic areas addressed in this action (Unalaska and St.
Paul Island) and therefore, we reviewed the eight remaining EJ
indices.\31\
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\30\ U.S. Environmental Protection Agency (EPA), 2022. EJSCREEN
Technical Documentation.
\31\ The four EJ indices not available for Unalaska and St. Paul
Island are: fine particulate matter, ozone, traffic proximity, and
wastewater discharge. The eight EJ indices available for Unalaska
and St. Paul Island are: diesel particulate matter, air toxics
cancer risk, air toxics respiratory hazard index, lead paint,
superfund proximity, risk management plan facility proximity,
hazardous waste proximity, and underground storage tanks.
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The EPA has determined that the use of an initial data filter in
EJSCREEN promotes consistency and provides a pragmatic first step for
EPA programs and regions when interpreting screening results. For early
applications of EJSCREEN, the EPA has identified the 80th percentile
filter as that initial starting point. For more information on
percentiles, please see the EJSCREEN technical documentation.\32\ For
the Unalaska area, there are two EJ indices above the 80th percentile:
lead paint (90th state percentile); and risk management plan facility
proximity (92nd state percentile and 84th U.S. percentile). The
demographic index for Unalaska is also at the 80th state percentile.
Most of Alaska, including Unalaska and St. Paul Island, is considered
medically underserved.\33\ For the St. Paul Island area, there are
three EJ indices above the 80th percentile: lead paint (92nd state
percentile); superfund proximity (94th state percentile and 86th U.S.
percentile); and risk management plan facility proximity (91st state
percentile and 80th U.S. percentile). The demographic index for St.
Paul Island is also above the 80th percentile (86th state percentile
and 79th U.S. percentile). Other indicators above the 80th percentile
for St. Paul Island include: people of color (87th state percentile and
81st U.S. percentile); and limited English speaking (86th state
percentile).
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\32\ U.S. Environmental Protection Agency (EPA), 2022. EJSCREEN
Technical Documentation.
\33\ The medically underserved indicator is based on areas
designated as having too few primary care providers, high infant
mortality, high poverty or a high elderly population.
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The Clean Air Act requires action on this Alaska SIP submission,
including the submitted regulatory changes related to sulfur dioxide
emissions. The EPA expects that any changes in emissions resulting from
this action will be neutral or reduced. Additionally, the EPA expects
that this proposed action will contribute to neutral or reduced
environmental and health impacts on all populations in Unalaska and St.
Paul Island, including people of color and lower income populations. At
a minimum, this action is not expected to worsen existing air quality
nor contribute to potential violations of the SO2 NAAQS.
More information on sulfur dioxide and its relationship to negative
health impacts can be found at https://www.epa.gov/so2-pollution.
V. Tribal Consultation
The Qawalangin Tribe of Unalaska is located in the Unalaska area
and the Pribilof Islands Aleut Community of St. Paul is located on the
Island of St. Paul. Consistent with EPA policy, the EPA offered the
Qawalangin Tribe of Unalaska and the Aleut Community of St. Paul Island
the opportunity to consult on a government to government basis prior to
this proposed action in letters dated March 14, 2023. We received no
consultation or coordination requests prior to this proposed action.
VI. Incorporation by Reference
In this document, the EPA is proposing to include in a final rule,
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the provisions described in section III. of this preamble.
The EPA is also proposing to remove from incorporation by reference 18
AAC 50.080 Ice fog (regulating water vapor emissions that may form ice
fog), state effective January 18, 1997.
The EPA has made, and will continue to make, these documents
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).
VII. Statutory and Executive Order Reviews
Under the Clean Air Act, the EPA 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 proposed 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
proposed 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);
[[Page 33560]]
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 the 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 performed an environmental justice analysis, as
is described in section IV. of this preamble titled, ``Environmental
Justice Considerations.'' The analysis was done for the purpose of
providing additional context and information about this rulemaking to
the public, not as a basis of the action. This action is expected to
have a neutral to positive impact on the air quality of the affected
area. In addition, there is no information in the record upon which
this decision is based inconsistent with the stated goal of Executive
Order 12898 of achieving environmental justice for people of color,
low-income populations, and Indigenous peoples.
This proposed rulemaking would not 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 proposed rulemaking does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Consistent with EPA policy, the EPA provided an opportunity to request
consultation. Please see section V. of this preamble titled, ``Tribal
Consultation.''
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, and Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 17, 2023.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2023-10955 Filed 5-23-23; 8:45 am]
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