81_FR_31608 81 FR 31511 - Approval and Promulgation of Implementation Plans; Alaska: Updates to Incorporation by Reference and Miscellaneous Revisions

81 FR 31511 - Approval and Promulgation of Implementation Plans; Alaska: Updates to Incorporation by Reference and Miscellaneous Revisions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 97 (May 19, 2016)

Page Range31511-31513
FR Document2016-11626

The Environmental Protection Agency (EPA) is approving, and incorporating by reference, State Implementation Plan revisions submitted by Alaska on May 12, 2015. The revisions updated the incorporation by reference of certain Federal provisions, revised rules to reflect changes to Federal permitting requirements and the 2013 redesignation of the Mendenhall Valley area of Juneau, and made minor clarifications to Alaska air quality rules. We note that the May 12, 2015 submission also included transportation conformity and infrastructure requirements. These requirements are not being addressed in this action. We approved the transportation conformity revisions in a previous action on September 8, 2015, and we intend to address the infrastructure requirements in a separate, future action.

Federal Register, Volume 81 Issue 97 (Thursday, May 19, 2016)
[Federal Register Volume 81, Number 97 (Thursday, May 19, 2016)]
[Rules and Regulations]
[Pages 31511-31513]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11626]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0353; FRL-9946-49-Region 10]


Approval and Promulgation of Implementation Plans; Alaska: 
Updates to Incorporation by Reference and Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving, and 
incorporating by reference, State Implementation Plan revisions 
submitted by Alaska on May 12, 2015. The revisions updated the 
incorporation by reference of certain Federal provisions, revised rules 
to reflect changes to Federal permitting requirements and the 2013 
redesignation of the Mendenhall Valley area of Juneau, and made minor 
clarifications to Alaska air quality rules. We note that the May 12, 
2015 submission also included transportation conformity and 
infrastructure requirements. These requirements are not being addressed 
in this action. We approved the transportation conformity revisions in 
a previous action on September 8, 2015, and we intend to address the 
infrastructure requirements in a separate, future action.

DATES: This final rule is effective on June 20, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R10-OAR-2015-0353. All documents in the 
docket are listed on the http://www.regulations.gov Web site. 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 will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through http://www.regulations.gov or in hard copy at EPA Region 10, Office of Air, 
Waste, and Toxics, AWT-150, 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 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kristin Hall at (206) 553-6357, 
[email protected], or by using the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' 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

    On May 12, 2015, Alaska submitted revisions to the Alaska SIP. On 
March 4, 2016, the EPA proposed to approve specific revisions in the 
submission (81 FR 11497). Please see our proposed rulemaking for 
further explanation and the basis for our finding. The public comment 
period for the proposal ended on April 4, 2016. We received one 
comment, a letter from the Alaska

[[Page 31512]]

Department of Environmental Conservation dated May 9, 2016, 
acknowledging our work and supporting the proposal. We received no 
other comments.

II. Final Action

    The EPA is approving, and incorporating by reference into the 
Alaska SIP, changes to the following provisions, state effective April 
17, 2015:
     18 AAC 50.010 Ambient Air Quality Standards, except 
paragraphs (7) and (8);
     18 AAC 50.015 Air Quality Designations, Classifications, 
and Control Regions;
     18 AAC 50.020 Baseline Dates and Maximum Allowable 
Increases;
     18 AAC 50.035 Documents, Procedures and Methods Adopted by 
Reference, except paragraphs (a)(6) and (b)(4);
     18 AAC 50.040 Federal Standards Adopted by Reference, 
except (a), (b), (c), (d), (e), (g), (i), (j), and (k); and
     18 AAC 50.215 Ambient Air Quality Analysis Methods, except 
(a)(4).
    We note that we previously approved the submitted rule revisions 
related to transportation conformity at 18 AAC 50.700 through 18 AAC 
50.750, and 18 AAC 50.990 on September 8, 2015 (80 FR 53735). This 
action is being taken under section 110 and part C of title I of the 
CAA.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
Alaska regulations described in the amendments to 40 CFR part 52 set 
forth below. The EPA has made, and will continue to make, these 
documents generally available electronically through http://www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

IV. Statutory and Executive Order Reviews

    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);
     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).
    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 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 18, 2016. 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, 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: May 9, 2016.
Dennis J. McLerran,
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 (c) is amended by revising 
entries 18 AAC 50.010, 18 AAC 50.015, 18 AAC 50.020, 18 AAC 50.035, 18 
AAC 50.040, and 18 AAC 50.215.
    The revisions read as follows:


Sec.  52.70  Identification of plan.

* * * * *
    (c) * * *

[[Page 31513]]



                                  EPA-Approved Alaska Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                            State
         State citation              Title/subject     effective date    EPA approval date       Explanations
----------------------------------------------------------------------------------------------------------------
   Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
18 AAC 50.010..................  Ambient Air Quality          4/17/15  5/19/16, [Insert      except (7) and (8).
                                  Standards.                            Federal Register
                                                                        citation].
----------------------------------------------------------------------------------------------------------------
18 AAC 50.015..................  Air Quality                  4/17/15  5/19/16, [Insert      ...................
                                  Designations,                         Federal Register
                                  Classifications,                      citation].
                                  and Control Regions.
18 AAC 50.020..................  Baseline Dates and           4/17/15  5/19/16, [Insert      ...................
                                  Maximum Allowable                     Federal Register
                                  Increases.                            citation].
 
                                                  * * * * * * *
18 AAC 50.035..................  Documents,                   4/17/15  5/19/16, [Insert      except (a)(6) and
                                  Procedures and                        Federal Register      (b)(4).
                                  Methods Adopted by                    citation].
                                  Reference.
18 AAC 50.040..................  Federal Standards           4/17/15;  5/19/16, [Insert      except (a), (b),
                                  Adopted by                  11/9/14   Federal Register      (c), (d), (e),
                                  Reference.                            citation]; 1/7/15,    (g), (j), and (k).
                                                                        80 FR 832.
 
                                                  * * * * * * *
18 AAC 50.215..................  Ambient Air Quality          4/17/15  5/19/16, [Insert      except (a)(4).
                                  Analysis Methods.                     Federal Register
                                                                        citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.96 is amended by revising paragraph (a) to read as 
follows:


Sec.  52.96  Significant deterioration of air quality.

    (a) The State of Alaska Department of Environmental Conservation 
Air Quality Control Regulations are approved as meeting the 
requirements of 40 CFR 51.166 and part C for preventing significant 
deterioration of air quality. The specific provisions approved are: 18 
AAC 50.010 except (7) and (8); 18 AAC 50.015; 18 AAC 50.020; 18 AAC 
50.035(a)(4), (a)(5), and (b)(1); 18 AAC 50.040(h); and 18 AAC 50.215 
except (a)(4) as in effect on April 17, 2015; 18 AAC 50.990 as in 
effect on November 9, 2014; 18 AAC 50.306 as in effect on January 4, 
2013; 18 AAC 50.345 except (b), (c)(3), and (l) as in effect on 
September 14, 2012; and 18 AAC 50.250 as in effect on October 1, 2004.
* * * * *

[FR Doc. 2016-11626 Filed 5-18-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                      Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations                                          31511

                                                     (iii) Complies with all applicable                   not limited to, brief musical transitions             area of Juneau, and made minor
                                                  provisions of Sections 112(e) and 114                   in and out of commercials or program                  clarifications to Alaska air quality rules.
                                                  and applicable regulations; and                         segments, brief performances during                   We note that the May 12, 2015
                                                     (iv) Is not a noncommercial webcaster                news, talk and sports programming,                    submission also included transportation
                                                  as defined in 17 U.S.C. 114(f)(5)(E)(i).                brief background performances during                  conformity and infrastructure
                                                     Eligible Minimum Fee Webcaster                       disk jockey announcements, brief                      requirements. These requirements are
                                                  means a nonsubscription transmission                    performances during commercials of                    not being addressed in this action. We
                                                  service whose payments for eligible                     sixty seconds or less in duration, or                 approved the transportation conformity
                                                  transmissions do not exceed the annual                  brief performances during sporting or                 revisions in a previous action on
                                                  minimum fee established for licensees                   other public events; and                              September 8, 2015, and we intend to
                                                  relying upon the statutory licenses set                    (B) Other than ambient music that is               address the infrastructure requirements
                                                  forth in 17 U.S.C. 112(e) and 114; and                  background at a public event, does not                in a separate, future action.
                                                  either:                                                 contain an entire sound recording and                 DATES: This final rule is effective on
                                                     (i) Meets the definition of a                        does not feature a particular sound                   June 20, 2016.
                                                  broadcaster; or                                         recording of more than thirty seconds
                                                                                                                                                                ADDRESSES: The EPA has established a
                                                     (ii) Is directly operated by, or                     (as in the case of a sound recording used
                                                  affiliated with and officially sanctioned                                                                     docket for this action under Docket
                                                                                                          as a theme song).
                                                  by, a domestically accredited primary or                                                                      Identification No. EPA–R10–OAR–
                                                                                                             Play frequency means the number of
                                                  secondary school, college, university or                                                                      2015–0353. All documents in the docket
                                                                                                          times a sound recording is publicly
                                                  other post-secondary degree-granting                                                                          are listed on the http://
                                                                                                          performed by a Service during the
                                                  educational institution; and                                                                                  www.regulations.gov Web site. Although
                                                                                                          relevant period, without respect to the
                                                     (A) The digital audio transmission                                                                         listed in the index, some information
                                                                                                          number of listeners receiving the sound
                                                  operations of which are, during the                                                                           may not be publicly available, i.e.,
                                                                                                          recording. If a particular sound
                                                  course of the year, staffed substantially                                                                     Confidential Business Information or
                                                                                                          recording is transmitted to listeners on
                                                  by students enrolled in such institution;                                                                     other information the disclosure of
                                                                                                          a particular channel or program only
                                                  and                                                                                                           which is restricted by statute. Certain
                                                                                                          once during the reporting period, then
                                                     (B) Is not a ‘‘public broadcasting                                                                         other material, such as copyrighted
                                                                                                          the play frequency is one. If the sound
                                                  entity’’ (as defined in 17 U.S.C. 118(f))                                                                     material, is not placed on the Internet
                                                                                                          recording is transmitted 10 times during
                                                  qualified to receive funding from the                                                                         and will be publicly available only in
                                                                                                          the reporting period, then the play
                                                  Corporation for Public Broadcasting                                                                           hard copy form. Publicly available
                                                                                                          frequency is 10.
                                                  pursuant to the criteria set forth in 47                                                                      docket materials are available either
                                                                                                          *      *    *     *     *                             electronically through http://
                                                  U.S.C. 396; and
                                                     (C) Is exempt from taxation under                      Dated: May 10, 2016.                                www.regulations.gov or in hard copy at
                                                  section 501 of the Internal Revenue                     Suzanne M. Barnett,                                   EPA Region 10, Office of Air, Waste,
                                                  Code, has applied for such exemption,                   Chief Copyright Royalty Judge.                        and Toxics, AWT–150, 1200 Sixth
                                                  or is operated by a State or possession                   Approved by:                                        Avenue, Seattle, Washington 98101. The
                                                  or any governmental entity or                           David S. Mao,                                         EPA requests that you contact the
                                                  subordinate thereof, or by the United                   Acting Librarian of Congress.                         person listed in the FOR FURTHER
                                                  States or District of Columbia, for                                                                           INFORMATION CONTACT section to
                                                                                                          [FR Doc. 2016–11746 Filed 5–18–16; 8:45 am]
                                                  exclusively public purposes.                                                                                  schedule your inspection. The Regional
                                                                                                          BILLING CODE 1410–72–P
                                                     Minimum fee broadcaster means a                                                                            Office’s official hours of business are
                                                  nonsubscription service that meets the                                                                        Monday through Friday, 8:30 a.m. to
                                                  definition of a broadcaster and the                                                                           4:30 p.m., excluding Federal holidays.
                                                                                                          ENVIRONMENTAL PROTECTION
                                                  service’s payments for eligible                                                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                          AGENCY
                                                  transmissions do not exceed the annual                                                                        Kristin Hall at (206) 553–6357,
                                                  minimum fee established for licensees                   40 CFR Part 52                                        hall.kristin@epa.gov, or by using the
                                                  relying upon the statutory licenses set                                                                       above EPA, Region 10 address.
                                                  forth in 17 U.S.C. 112 and 114.                         [EPA–R10–OAR–2015–0353; FRL–9946–49–
                                                                                                                                                                SUPPLEMENTARY INFORMATION:
                                                     Performance means each instance in                   Region 10]
                                                                                                                                                                Throughout this document wherever
                                                  which any portion of a sound recording                                                                        ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
                                                                                                          Approval and Promulgation of
                                                  is publicly performed to a Listener by                                                                        intended to refer to the EPA.
                                                                                                          Implementation Plans; Alaska:
                                                  means of a digital audio transmission or
                                                                                                          Updates to Incorporation by Reference                 Table of Contents
                                                  retransmission (e.g., the delivery of any
                                                                                                          and Miscellaneous Revisions
                                                  portion of a single track from a compact                                                                      I. Background
                                                  disc to one Listener) but excluding the                 AGENCY:  Environmental Protection                     II. Final Action
                                                  following:                                              Agency (EPA).                                         III. Incorporation by Reference
                                                     (i) A performance of a sound                         ACTION: Final rule.                                   IV. Statutory and Executive Order Reviews
                                                  recording that does not require a license                                                                     I. Background
                                                  (e.g., the sound recording is not                       SUMMARY:  The Environmental Protection
                                                  copyrighted);                                           Agency (EPA) is approving, and                           On May 12, 2015, Alaska submitted
                                                     (ii) A performance of a sound                        incorporating by reference, State                     revisions to the Alaska SIP. On March
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  recording for which the service has                     Implementation Plan revisions                         4, 2016, the EPA proposed to approve
                                                  previously obtained a license from the                  submitted by Alaska on May 12, 2015.                  specific revisions in the submission (81
                                                  Copyright Owner of such sound                           The revisions updated the incorporation               FR 11497). Please see our proposed
                                                  recording; and                                          by reference of certain Federal                       rulemaking for further explanation and
                                                     (iii) An incidental performance that                 provisions, revised rules to reflect                  the basis for our finding. The public
                                                  both:                                                   changes to Federal permitting                         comment period for the proposal ended
                                                     (A) Makes no more than incidental                    requirements and the 2013                             on April 4, 2016. We received one
                                                  use of sound recordings including, but                  redesignation of the Mendenhall Valley                comment, a letter from the Alaska


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                                                  31512               Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations

                                                  Department of Environmental                             Federal requirements and does not                     submit a report containing this action
                                                  Conservation dated May 9, 2016,                         impose additional requirements beyond                 and other required information to the
                                                  acknowledging our work and supporting                   those imposed by state law. For that                  U.S. Senate, the U.S. House of
                                                  the proposal. We received no other                      reason, this action:                                  Representatives, and the Comptroller
                                                  comments.                                                  • Is not a significant regulatory action           General of the United States prior to
                                                                                                          subject to review by the Office of                    publication of the rule in the Federal
                                                  II. Final Action                                        Management and Budget under                           Register. A major rule cannot take effect
                                                     The EPA is approving, and                            Executive Orders 12866 (58 FR 51735,                  until 60 days after it is published in the
                                                  incorporating by reference into the                     October 4, 1993) and 13563 (76 FR 3821,               Federal Register. This action is not a
                                                  Alaska SIP, changes to the following                    January 21, 2011);                                    ‘‘major rule’’ as defined by 5 U.S.C.
                                                  provisions, state effective April 17,                      • does not impose an information                   804(2).
                                                  2015:                                                   collection burden under the provisions                   Under section 307(b)(1) of the CAA,
                                                     • 18 AAC 50.010 Ambient Air                          of the Paperwork Reduction Act (44                    petitions for judicial review of this
                                                  Quality Standards, except paragraphs                    U.S.C. 3501 et seq.);                                 action must be filed in the United States
                                                  (7) and (8);                                               • is certified as not having a
                                                                                                                                                                Court of Appeals for the appropriate
                                                     • 18 AAC 50.015 Air Quality                          significant economic impact on a
                                                                                                                                                                circuit by July 18, 2016. Filing a petition
                                                  Designations, Classifications, and                      substantial number of small entities
                                                                                                                                                                for reconsideration by the Administrator
                                                  Control Regions;                                        under the Regulatory Flexibility Act (5
                                                     • 18 AAC 50.020 Baseline Dates and                                                                         of this final rule does not affect the
                                                                                                          U.S.C. 601 et seq.);
                                                  Maximum Allowable Increases;                               • does not contain any unfunded                    finality of this action for the purposes of
                                                     • 18 AAC 50.035 Documents,                           mandate or significantly or uniquely                  judicial review nor does it extend the
                                                  Procedures and Methods Adopted by                       affect small governments, as described                time within which a petition for judicial
                                                  Reference, except paragraphs (a)(6) and                 in the Unfunded Mandates Reform Act                   review may be filed, and shall not
                                                  (b)(4);                                                 of 1995 (Pub. L. 104–4);                              postpone the effectiveness of such rule
                                                     • 18 AAC 50.040 Federal Standards                       • does not have Federalism                         or action. This action may not be
                                                  Adopted by Reference, except (a), (b),                  implications as specified in Executive                challenged later in proceedings to
                                                  (c), (d), (e), (g), (i), (j), and (k); and              Order 13132 (64 FR 43255, August 10,                  enforce its requirements. (See section
                                                     • 18 AAC 50.215 Ambient Air                          1999);                                                307(b)(2)).
                                                  Quality Analysis Methods, except (a)(4).                   • is not an economically significant               List of Subjects in 40 CFR Part 52
                                                     We note that we previously approved                  regulatory action based on health or
                                                  the submitted rule revisions related to                 safety risks subject to Executive Order                 Environmental protection, Air
                                                  transportation conformity at 18 AAC                     13045 (62 FR 19885, April 23, 1997);                  pollution control, Incorporation by
                                                  50.700 through 18 AAC 50.750, and 18                       • is not a significant regulatory action           reference, Intergovernmental relations,
                                                  AAC 50.990 on September 8, 2015 (80                     subject to Executive Order 13211 (66 FR               Lead, Nitrogen dioxide, Ozone,
                                                  FR 53735). This action is being taken                   28355, May 22, 2001);                                 Particulate matter, Reporting and
                                                  under section 110 and part C of title I                    • is not subject to requirements of                recordkeeping requirements, Sulfur
                                                  of the CAA.                                             Section 12(d) of the National                         oxides, Volatile organic compounds.
                                                                                                          Technology Transfer and Advancement                       Authority: 42 U.S.C. 7401 et seq.
                                                  III. Incorporation by Reference                         Act of 1995 (15 U.S.C. 272 note) because
                                                     In this rule, the EPA is finalizing                  this action does not involve technical                  Dated: May 9, 2016.
                                                  regulatory text that includes                           standards; and                                        Dennis J. McLerran,
                                                  incorporation by reference. In                             • does not provide the EPA with the                Regional Administrator, Region 10.
                                                  accordance with requirements of 1 CFR                   discretionary authority to address, as
                                                  51.5, the EPA is finalizing the                         appropriate, disproportionate human                     For the reasons set forth in the
                                                  incorporation by reference of the Alaska                health or environmental effects, using                preamble, 40 CFR part 52 is amended as
                                                  regulations described in the                            practicable and legally permissible                   follows:
                                                  amendments to 40 CFR part 52 set forth                  methods, under Executive Order 12898
                                                                                                                                                                PART 52—APPROVAL AND
                                                  below. The EPA has made, and will                       (59 FR 7629, February 16, 1994).
                                                                                                                                                                PROMULGATION OF
                                                  continue to make, these documents                          In addition, the SIP is not approved
                                                                                                                                                                IMPLEMENTATION PLANS
                                                  generally available electronically                      to apply on any Indian reservation land
                                                  through http://www.regulations.gov                      or in any other area where the EPA or
                                                                                                          an Indian Tribe has demonstrated that a               ■ 1. The authority citation for part 52
                                                  and/or in hard copy at the appropriate
                                                                                                          Tribe has jurisdiction. In those areas of             continues to read as follows:
                                                  EPA office (see the ADDRESSES section of
                                                  this preamble for more information).                    Indian country, the rule does not have                    Authority: 42 U.S.C. 7401 et seq.
                                                                                                          Tribal implications as specified by
                                                  IV. Statutory and Executive Order                       Executive Order 13175 (65 FR 67249,                   Subpart C—Alaska
                                                  Reviews                                                 November 9, 2000).
                                                    Under the CAA, the Administrator is                      The Congressional Review Act, 5                    ■  2. In § 52.70, the table in paragraph (c)
                                                  required to approve a SIP submission                    U.S.C. 801 et seq., as added by the Small             is amended by revising entries 18 AAC
                                                  that complies with the provisions of the                Business Regulatory Enforcement                       50.010, 18 AAC 50.015, 18 AAC 50.020,
                                                  CAA and applicable Federal regulations.                 Fairness Act of 1996, generally provides              18 AAC 50.035, 18 AAC 50.040, and 18
                                                                                                                                                                AAC 50.215.
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  42 U.S.C. 7410(k); 40 CFR 52.02(a).                     that before a rule may take effect, the
                                                  Thus, in reviewing SIP submissions, the                 agency promulgating the rule must                        The revisions read as follows:
                                                  EPA’s role is to approve state choices,                 submit a rule report, which includes a
                                                                                                                                                                § 52.70    Identification of plan.
                                                  provided that they meet the criteria of                 copy of the rule, to each House of the
                                                  the CAA. Accordingly, this action                       Congress and to the Comptroller General               *       *    *      *      *
                                                  merely approves state law as meeting                    of the United States. The EPA will                        (c) * * *




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                                                                        Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations                                                 31513

                                                                                                 EPA-APPROVED ALASKA REGULATIONS AND STATUTES
                                                                                                                        State effective
                                                       State citation                       Title/subject                                             EPA approval date                    Explanations
                                                                                                                             date

                                                                     Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)


                                                          *                        *                     *                           *                        *                  *                      *
                                                  18 AAC 50.010 ..........     Ambient Air Quality Standards ...                4/17/15     5/19/16, [Insert Federal Reg-       except (7) and (8).
                                                                                                                                              ister citation].

                                                  18 AAC 50.015 ..........     Air Quality Designations, Classi-                4/17/15     5/19/16, [Insert Federal Reg-
                                                                                 fications, and Control Regions.                              ister citation].
                                                  18 AAC 50.020 ..........     Baseline Dates and Maximum                       4/17/15     5/19/16, [Insert Federal Reg-
                                                                                 Allowable Increases.                                         ister citation].

                                                          *                         *                 *                              *                        *                  *                     *
                                                  18 AAC 50.035 ..........     Documents, Procedures and                        4/17/15     5/19/16, [Insert Federal Reg-       except (a)(6) and (b)(4).
                                                                                 Methods Adopted by Ref-                                      ister citation].
                                                                                 erence.
                                                  18 AAC 50.040 ..........     Federal Standards Adopted by                    4/17/15;     5/19/16, [Insert Federal Reg-       except (a), (b), (c), (d), (e), (g),
                                                                                 Reference.                                     11/9/14       ister citation]; 1/7/15, 80 FR      (j), and (k).
                                                                                                                                              832.

                                                          *                        *                         *                       *                        *                  *                      *
                                                  18 AAC 50.215 ..........     Ambient Air       Quality    Analysis            4/17/15     5/19/16, [Insert Federal Reg-       except (a)(4).
                                                                                Methods.                                                      ister citation].

                                                             *                       *                        *                      *                        *                      *                  *



                                                  *      *       *       *      *                           ENVIRONMENTAL PROTECTION                               already been addressed by a federal
                                                                                                            AGENCY                                                 implementation plan (FIP).
                                                  ■ 3. Section 52.96 is amended by
                                                                                                                                                                   DATES: This final rule is effective on
                                                  revising paragraph (a) to read as follows:                40 CFR Part 52                                         June 20, 2016.
                                                  § 52.96 Significant deterioration of air                                                                         ADDRESSES: EPA has established docket
                                                  quality.                                                  [EPA–R09–OAR–2015–0793; FRL–9946–58–                   number EPA–R09–OAR–2015–0793 for
                                                                                                            Region 9]                                              this action. Generally, documents in the
                                                     (a) The State of Alaska Department of
                                                                                                                                                                   docket for this action are available
                                                  Environmental Conservation Air Quality                    Partial Approval and Partial                           electronically at http://
                                                  Control Regulations are approved as                       Disapproval of Air Quality State                       www.regulations.gov or in hard copy at
                                                  meeting the requirements of 40 CFR                        Implementation Plans; Arizona;                         EPA Region IX, 75 Hawthorne Street,
                                                  51.166 and part C for preventing                          Infrastructure Requirements To                         San Francisco, California 94105–3901.
                                                  significant deterioration of air quality.                 Address Interstate Transport for the                   While all documents in the docket are
                                                  The specific provisions approved are: 18                  2008 Ozone NAAQS                                       listed at http://www.regulations.gov,
                                                  AAC 50.010 except (7) and (8); 18 AAC                                                                            some information may be publicly
                                                  50.015; 18 AAC 50.020; 18 AAC                             AGENCY: Environmental Protection
                                                                                                                                                                   available only at the hard copy location
                                                                                                            Agency (EPA).
                                                  50.035(a)(4), (a)(5), and (b)(1); 18 AAC                                                                         (e.g., copyrighted material, large maps,
                                                  50.040(h); and 18 AAC 50.215 except                       ACTION:    Final rule.                                 multi-volume reports), and some may
                                                  (a)(4) as in effect on April 17, 2015; 18                                                                        not be available in either location (e.g.,
                                                  AAC 50.990 as in effect on November 9,                    SUMMARY:    The Environmental Protection               confidential business information
                                                  2014; 18 AAC 50.306 as in effect on                       Agency (EPA) is approving in part and                  (CBI)). To inspect the hard copy
                                                  January 4, 2013; 18 AAC 50.345 except                     disapproving in part State                             materials, please schedule an
                                                  (b), (c)(3), and (l) as in effect on                      Implementation Plan (SIP) revisions                    appointment during normal business
                                                                                                            submitted by the Arizona Department of                 hours with the contact listed in the FOR
                                                  September 14, 2012; and 18 AAC 50.250
                                                                                                            Environmental Quality to address the                   FURTHER INFORMATION CONTACT section.
                                                  as in effect on October 1, 2004.
                                                                                                            interstate transport requirements of                   FOR FURTHER INFORMATION CONTACT: Tom
                                                  *      *      *     *     *                               Clean Air Act (CAA or Act) section                     Kelly, Air Planning Office (AIR–2), U.S.
                                                  [FR Doc. 2016–11626 Filed 5–18–16; 8:45 am]               110(a)(2)(D)(i) with respect to the 2008               Environmental Protection Agency,
                                                  BILLING CODE 6560–50–P                                    ozone national ambient air quality                     Region IX, (415) 972–3856,
                                                                                                            standard (NAAQS). We are approving                     kelly.thomasp@epa.gov.
                                                                                                            the portion of the Arizona SIP
                                                                                                                                                                   SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                                                                            pertaining to significant contribution to
                                                                                                                                                                   Throughout this document, the terms
                                                                                                            nonattainment or interference with
                                                                                                                                                                   ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
                                                                                                            maintenance in another state and
                                                                                                            disapproving the portion of Arizona’s                  Table of Contents
                                                                                                            SIP pertaining to interstate transport                 I. Background
                                                                                                            visibility requirements. Where EPA is                  II. Public Comments
                                                                                                            disapproving a portion of the Arizona                  III. Final Action
                                                                                                            SIP revision, the deficiencies have                    IV. Statutory and Executive Order Reviews



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Document Created: 2018-02-07 15:01:33
Document Modified: 2018-02-07 15:01:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on June 20, 2016.
ContactKristin Hall at (206) 553-6357,
FR Citation81 FR 31511 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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