[Federal Register Volume 89, Number 104 (Wednesday, May 29, 2024)]
[Notices]
[Pages 46416-46417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11742]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

National Park Service

[Docket No. FWS-HQ-NWRS-2023-0180; FXRS126109AQ000-245-FF09R23000]


Federal Land Managers' Air Quality Related Values Work Group 
(FLAG); Final Addendum to 2010 Phase 1 Report and Response to Comments

AGENCY: Fish and Wildlife Service and National Park Service, Interior 
(DOI).

ACTION: Notice of availability.

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SUMMARY: We, the U.S. Fish and Wildlife Service, in cooperation with 
the National Park Service and the U.S. Department of Agriculture's 
Forest Service (the agencies), announce the availability of the final 
addendum to the Federal Land Managers' Air Quality Related Values Work 
Group's (FLAG's) Phase 1 Report, which the agencies last revised in 
2010 (FLAG 2010 report), and responses to comments on the draft 
addendum.

DATES: The addendum to the FLAG 2010 Phase 1 Report is effective May 
29, 2024.

ADDRESSES:  The final addendum to the FLAG 2010 report, responses to 
comments on the draft addendum, and other materials are available for 
public inspection at https://www.regulations.gov in Docket No. FWS-HQ-
NWRS-2023-0180.

FOR FURTHER INFORMATION CONTACT: Jaron Ming, Chief, Branch of Air and 
Water Resources, by phone at 720-926-3528 or via email at 
[email protected]. Individuals in the United States who are deaf, 
deafblind, hard of hearing, or have a speech disability may dial 711 
(TTY, TDD, or TeleBraille) to access telecommunications relay services. 
Individuals outside the United States should use the relay services 
offered within their country to make international calls to the point-
of-contact in the United States.

SUPPLEMENTARY INFORMATION:

Introduction

    The United States Department of the Interior's U.S. Fish and 
Wildlife Service (FWS), in cooperation with the National Park Service 
(NPS) and the U.S. Department of Agriculture's U.S. Forest Service 
(USFS) (collectively, the

[[Page 46417]]

agencies), announce the availability of the final addendum to the 
Federal Land Managers' Air Quality Related Values Work Group's (FLAG's) 
Phase 1 Report, which the agencies last revised in 2010 (FLAG 2010 
report). The addendum adds a contextual consideration provision to the 
FLAG 2010 report concerning the analysis by Federal land managers 
(FLMs) of temporary emissions for overall low-emitting facilities.

Background

    The Federal Land Managers' Air Quality Related Values Work Group 
(FLAG) was formed by the NPS, FWS, and USFS to (1) develop a more 
consistent and objective approach for these agencies' FLMs to evaluate 
air pollution effects on their air quality related values (AQRVs) in 
Federal class I areas, as defined by the Clean Air Act, and (2) provide 
State permitting authorities and potential permit applicants 
consistency on how to assess the impacts of new and existing sources on 
AQRVs.
    The FLAG effort focuses on the effects of the air pollutants that 
could affect the health and status of resources in areas managed by the 
agencies, primarily such pollutants as ozone, particulate matter, 
nitrogen dioxide, sulfur dioxide, nitrates, and sulfates.
    The initial FLAG Phase 1 Report was published in 2000. On October 
27, 2010, NPS, in cooperation with FWS and USFS, published a revised 
FLAG report (75 FR 66125).

Comments Received and Responses

    On November 28, 2023, the agencies published a notice of 
availability and request for comments on the draft addendum to the FLAG 
Phase 1 Report (88 FR 83144). In response to the request for comments, 
we received comments from two entities. We reviewed and considered the 
comments prior to finalizing the addendum.
    Comment 1: Epsilon Associates, Inc., expressed support for the 
addendum, noting the need for contextual clarity on short-lived 
emissions.
    Response: We acknowledge the comment and appreciate the support for 
the addendum.
    Comment 2: The Alaska Department of Environmental Conservation 
suggested including additional criteria concerning air permitting 
analysis and a date at which the addendum terminates. The commenter 
also sought clarity on other areas within the addendum. The following 
text summarizes those comments and our responses:
    A. The addendum should include criteria that align with air 
permitting analysis and should use generally accepted engineering 
practices for air permitting analysis of project emissions.
    Response: The addendum does not modify any language or guidance in 
FLAG regarding general engineering practices. However, FWS agrees with 
the commenter that the FLM analysis should align with the air 
permitting analysis to the extent the analysis provides information 
relevant to AQRVs at the potentially impacted class I area. The draft 
addendum adds a contextual criterion for temporary air emissions that 
would occur alongside any considerations of generally accepted 
practices for emissions, modeling, and analysis.
    B. It is not clear if the temporary emission criteria conflict with 
Environmental Protection Agency (EPA) guidance on a State's ability to 
make reasonable progress determinations.
    Response: To address the commenter's request for clarity, the 
addendum adds a contextual criterion for FLMs to consider temporary 
emissions. It does not alter a permit authority's process to make 
reasonable progress determinations under the Regional Haze Rule or New 
Source Review, Prevention of Significant Deterioration determinations. 
Additionally, the addendum is consistent with existing regulations, as 
it applies only to the FLMs' discretionary determinations, as 
authorized under the Clean Air Act and implementing regulations.
    C. It is not clear whether the outlined criteria are consistent 
with requirements under the Clean Air Act or EPA regulations. The 
comment questions whether the addendum introduces ``extra-regulatory'' 
factors, relying on the FLM's best professional judgment rather than on 
permitting requirements.
    Response: The FLMs use these criteria to evaluate the effect a 
project may have on the AQRVs in a class I area and how any predicted 
AQRV impacts may affect the FLM's ability to manage public lands 
consistent with statutory mandates for the area (e.g., to provide for 
resource protection and visitor experience). The addendum does not 
alter a permit authority's Clean Air Act regulatory role in evaluating 
FLM determinations.
    D. The addendum should include a sunset date.
    Response: While the guidance does not include a sunset date in the 
addendum, FWS, in coordination with NPS and USFS, will periodically 
evaluate whether this addendum continues to articulate the FLM's 
contextual considerations for temporary emission increases.
    This notice announces the availability of complete responses to 
comments on the draft addendum and the final addendum to the FLAG 2010 
revision to add a contextual consideration to the FLAG 2010 report 
concerning the FLM's analysis of temporary emissions for overall low-
emitting facilities. The final addendum does not change the FLM's role 
or affirmative responsibilities under the Clean Air Act. The final 
addendum is expected to assist FLAG 2010 report users by describing how 
the FLMs, as part of their responsibilities under the Clean Air Act, 
will consider temporary emissions for overall low-emitting facilities 
in analyzing effects to AQRVs in Federal class I areas.

Authority

    We publish this notice under the authority of the Clean Air Act of 
1970, as amended (42 U.S.C. 7401 et seq.).

Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2024-11742 Filed 5-28-24; 8:45 am]
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