82 FR 22081 - Approval and Promulgation of Implementation Plans; Alaska: Infrastructure Requirements for the 2010 Nitrogen Dioxide and 2010 Sulfur Dioxide Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 91 (May 12, 2017)
Federal Register Volume 82, Issue 91 (May 12, 2017)
| Page Range | 22081-22083 | |
| FR Document | 2017-09533 |
[Federal Register Volume 82, Number 91 (Friday, May 12, 2017)] [Rules and Regulations] [Pages 22081-22083] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09533] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2016-0133; FRL-9961-93-Region 10] Approval and Promulgation of Implementation Plans; Alaska: Infrastructure Requirements for the 2010 Nitrogen Dioxide and 2010 Sulfur Dioxide Standards AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Whenever a new or revised National Ambient Air Quality Standard (NAAQS) is promulgated, each state must submit a plan for the implementation, maintenance and enforcement of such standard--commonly referred to as infrastructure requirements. The Environmental Protection Agency (EPA) is approving the May 12, 2015 Alaska State Implementation Plan (SIP) submission as meeting the infrastructure requirements for the 2010 nitrogen dioxide (NO2 ) and 2010 sulfur dioxide (SO2 ) NAAQS. DATES: This final rule is effective June 12, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2016-0133. All documents in the docket are listed on the https://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 is publicly available only in hard copy form. Publicly available docket materials are available at https://www.regulations.gov or at EPA Region 10, Office of Air and Waste, 1200 Sixth Avenue, Seattle, Washington 98101. The EPA requests that you contact the person listed in the FOR FURTHER INFORMATION CONTACT section below, 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, Air Planning Unit, Office of Air and Waste (OAW-150), Environmental Protection Agency-- Region 10, 1200 Sixth Ave., Seattle, WA 98101; telephone number: (206) 553-6357; email address: [email protected]. 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. Response to Comment III. Final Action IV. Statutory and Executive Orders Review I. Background On May 12, 2015, Alaska submitted a SIP to meet the infrastructure requirements of Clean Air Act (CAA) sections 110(a)(1) and (2) for the 2010 NO2 and 2010 SO2 NAAQS. On July 20, 2016, the EPA proposed to approve the submission as meeting certain infrastructure requirements (81 FR 47103). Please see our proposed rulemaking for further explanation and the basis for our finding. The public comment period for this proposal ended on August 19, 2016. We received one comment, from Robert Ukeiley. [[Page 22082]] II. Response to Comment Comment: The ``EPA must disapprove 110(a)(2)(C) because the Alaska SIP does not require that minor sources cannot obtain a minor source permit if they will cause or contribute to a violation of any of the current NAAQS. Furthermore, for some pollutants, the Alaska SIP has thresholds below which sources do not have to demonstrate that they will not cause or contribute to a violation of that NAAQS. However, there is no evidence that sources below these thresholds cannot cause or contribute to a NAAQS violation. Rather, these thresholds are arbitrary numbers.'' Response: The EPA agrees that CAA section 110(a)(2)(C) and the minor new source review regulations at 40 CFR 51.160 through 51.164 require SIPs to include procedures by which the state or local agency responsible for final decision-making on an application or approval to construct or modify will prevent such construction or modification if it will interfere with the attainment or maintenance of a national standard or if it will result in a violation of applicable portions of the control strategy. See 40 CFR 51.160(b). The EPA explained its approach to reviewing the minor source element of CAA section 110(a)(2)(C) in its proposed rulemaking for this action: ``Thus, the EPA evaluates whether the state has an EPA-approved minor new source review program and whether the program addresses the pollutants relevant to that NAAQS. In the context of acting on an infrastructure SIP submission, however, the EPA does not think it is necessary to conduct a review of each and every provision of a state's existing minor source program (i.e., already in the existing SIP) for compliance with the requirements of the CAA and the EPA's regulations that pertain to such programs.'' See 81 FR 47103 at 47106 (July 20, 2016). In its 2010 NO2 and 2010 SO2 NAAQS infrastructure SIP submission, Alaska certified that its SIP contains provisions to address the CAA section 110(a)(2)(C) requirements regarding new minor sources and modifications in Article 5 (minor permits) of Alaska's air quality control regulations set forth at 18 AAC 50. Alaska's SIP-approved minor new source review program addresses NAAQS pollutants, including NO2 and SO2 . The commenter objects to these SIP-approved rules for two reasons. First, the commenter asserts that the rules do not address the non- interference component for the minor new source/minor modification permitting element. However, we disagree with the commenter. Alaska's SIP-approved rules include provisions to deny a minor new source construction/modification permit if the source at issue will result in a violation of an ambient air quality standard. See 18 AAC 542(f) Approval Criteria. The commenter also objects to these SIP-approved rules because they include emissions thresholds below which a minor new source review permit may not be required. See 18 AAC 50.502. We agree with the commenter that Alaska's rules do include emissions thresholds for both new sources and modifications with respect to certain pollutants, including NO2 and SO2, below which minor new source review permits may not be required. The EPA's requirements for SIP-approved minor new source review programs do not require a state to permit each and every stationary source no matter how small, but rather require that a state specifically identify the types and sizes of facilities that will be subject to review. See 40 CFR 51.160(e). We have previously found that Alaska's current program meets all minor new source review permitting requirements set forth at 40 CFR 51.160 through 40 CFR 51.164, including this requirement (September 19, 2014; 79 FR 56268). Therefore, we are finalizing our action. III. Final Action The EPA is approving the May 12, 2015 Alaska SIP submission as meeting the following CAA section 110(a)(2) infrastructure elements for the 2010 NO2 and 2010 SO2 NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). We note that the May 12, 2015 submission also included revisions to Alaska's transportation conformity regulations, approved on September 8, 2015 (80 FR 53735), and updates to general air quality and permitting regulations, approved on May 19, 2016 (81 FR 31511). IV. Statutory and Executive Orders Review Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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 [[Page 22083]] ``major rule'' as defined by 5 U.S.C. 804(2). Under CAA section 307(b)(1), petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by July 11, 2017. 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 CAA 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: April 11, 2017. Michelle L. Pirzadeh, Acting Regional Administrator, Region 10. For the reasons set forth in the preamble, 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart C--Alaska 0 2. In Sec. 52.70, the table in paragraph (e) is amended by: 0 a. Revising the entry for ``CAA Section 110 Infrastructure Certification Documentation and Supporting Documents''; and 0 b. Adding two entries at the end of the table for ``110(a)(2) Infrastructure Requirements--2010 NO 2 NAAQS'' and ``110(a)(2) Infrastructure Requirements--2010 SO2 NAAQS''. The revision and additions read as follows: Sec. 52.70 Identification of plan. * * * * * (e) * * * Epa-Approved Alaska Nonregulatory Provisions and Quasi-Regulatory Measures ---------------------------------------------------------------------------------------------------------------- Applicable geographic State Name of SIP provision or non-attainment area submittal date EPA approval date Comments ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- State of Alaska Air Quality Control Plan: Volume III. Appendices ---------------------------------------------------------------------------------------------------------------- Section II State Air Quality Control Program ---------------------------------------------------------------------------------------------------------------- * * * * * * * CAA Section 110 Infrastructure Statewide............. 5/12/15 5/12/17, [Insert Certification Documentation Federal Register and Supporting Documents. citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Section 110(a)(2) Infrastructure and Interstate Transport ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(2) Infrastructure Statewide............. 5/12/15 5/12/17, [Insert Approves SIP for Requirements--2010 NO2 NAAQS. Federal Register purposes of CAA citation]. sections 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) for the 2010 NO2 NAAQS. 110(a)(2) Infrastructure Statewide............. 5/12/15 5/12/17, [Insert Approves SIP for Requirements--2010 SO2 NAAQS. Federal Register purposes of CAA citation]. sections 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) for the 2010 SO2 NAAQS. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-09533 Filed 5-11-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations 22081
Order 13132 (64 FR 43255, August 10, action published in the proposed rules requirements for the 2010 nitrogen
1999); section of today’s Federal Register, dioxide (NO2) and 2010 sulfur dioxide
• is not an economically significant rather than file an immediate petition (SO2) NAAQS.
regulatory action based on health or for judicial review of this direct final
safety risks subject to Executive Order rule, so that EPA can withdraw this DATES: This final rule is effective June
13045 (62 FR 19885, April 23, 1997); direct final rule and address the 12, 2017.
• is not a significant regulatory action comment in the proposed rulemaking. ADDRESSES: The EPA has established a
subject to Executive Order 13211 (66 FR This action may not be challenged later docket for this action under Docket ID
28355, May 22, 2001); in proceedings to enforce its No. EPA–R10–OAR–2016–0133. All
• is not subject to requirements of requirements. See section 307(b)(2). documents in the docket are listed on
Section 12(d) of the National
List of Subjects in 40 CFR Part 52 the https://www.regulations.gov Web
Technology Transfer and Advancement
site. Although listed in the index, some
Act of 1995 (15 U.S.C. 272 note) because Environmental protection, Air
application of those requirements would information may not be publicly
pollution control, Incorporation by available, i.e., Confidential Business
be inconsistent with the CAA; and reference, Ozone, Reporting and
• does not provide EPA with the Information or other information the
recordkeeping requirements, Volatile disclosure of which is restricted by
discretionary authority to address, as organic compounds.
appropriate, disproportionate human statute. Certain other material, such as
health or environmental effects, using Dated: March 15, 2017. copyrighted material, is not placed on
practicable and legally permissible V. Anne Heard, the Internet and is publicly available
methods, under Executive Order 12898 Acting Regional Administrator, Region 4. only in hard copy form. Publicly
(59 FR 7629, February 16, 1994). available docket materials are available
40 CFR part 52 is amended as follows:
In addition, the SIP is not approved at https://www.regulations.gov or at EPA
to apply on any Indian reservation land PART 52—APPROVAL AND Region 10, Office of Air and Waste, 1200
or in any other area where EPA or an PROMULGATION OF Sixth Avenue, Seattle, Washington
Indian tribe has demonstrated that a IMPLEMENTATION PLANS 98101. The EPA requests that you
tribe has jurisdiction. In those areas of contact the person listed in the FOR
Indian country, the rule does not have ■ 1. The authority citation for part 52 FURTHER INFORMATION CONTACT section
tribal implications as specified by continues to read as follows: below, to schedule your inspection. The
Executive Order 13175 (65 FR 67249, Authority: 42 U.S.C. 7401 et seq. Regional Office’s official hours of
November 9, 2000), nor will it impose business are Monday through Friday,
substantial direct costs on tribal Subpart L—Georgia 8:30 a.m. to 4:30 p.m., excluding federal
governments or preempt tribal law. holidays.
The Congressional Review Act, 5 § 52.570 [Amended]
U.S.C. 801 et seq., as added by the Small FOR FURTHER INFORMATION CONTACT:
■ 2. Amend § 52.570(c) by removing the
Business Regulatory Enforcement Kristin Hall, Air Planning Unit, Office of
entry for ‘‘391–3–1–.02(2)(ooo).’’
Fairness Act of 1996, generally provides Air and Waste (OAW–150),
[FR Doc. 2017–09493 Filed 5–11–17; 8:45 am] Environmental Protection Agency—
that before a rule may take effect, the
agency promulgating the rule must
BILLING CODE 6560–50–P Region 10, 1200 Sixth Ave., Seattle, WA
submit a rule report, which includes a 98101; telephone number: (206) 553–
copy of the rule, to each House of the 6357; email address: hall.kristin@
ENVIRONMENTAL PROTECTION epa.gov.
Congress and to the Comptroller General AGENCY
of the United States. EPA will submit a
SUPPLEMENTARY INFORMATION:
report containing this action and other 40 CFR Part 52 Throughout this document wherever
required information to the U.S. Senate,
[EPA–R10–OAR–2016–0133; FRL–9961–93– ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
the U.S. House of Representatives, and
Region 10] intended to refer to the EPA.
the Comptroller General of the United
States prior to publication of the rule in Approval and Promulgation of Table of Contents
the Federal Register. A major rule Implementation Plans; Alaska: I. Background
cannot take effect until 60 days after it Infrastructure Requirements for the II. Response to Comment
is published in the Federal Register. 2010 Nitrogen Dioxide and 2010 Sulfur III. Final Action
This action is not a ‘‘major rule’’ as Dioxide Standards IV. Statutory and Executive Orders Review
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, AGENCY: Environmental Protection I. Background
petitions for judicial review of this Agency (EPA).
action must be filed in the United States ACTION: Final rule.
On May 12, 2015, Alaska submitted a
Court of Appeals for the appropriate SIP to meet the infrastructure
circuit by July 11, 2017. Filing a petition SUMMARY: Whenever a new or revised requirements of Clean Air Act (CAA)
for reconsideration by the Administrator National Ambient Air Quality Standard sections 110(a)(1) and (2) for the 2010
of this final rule does not affect the (NAAQS) is promulgated, each state NO2 and 2010 SO2 NAAQS. On July 20,
finality of this action for the purposes of must submit a plan for the 2016, the EPA proposed to approve the
judicial review nor does it extend the implementation, maintenance and submission as meeting certain
mstockstill on DSK30JT082PROD with RULES
time within which a petition for judicial enforcement of such standard— infrastructure requirements (81 FR
review may be filed, and shall not commonly referred to as infrastructure 47103). Please see our proposed
postpone the effectiveness of such rule requirements. The Environmental rulemaking for further explanation and
or action. Parties with objections to this Protection Agency (EPA) is approving the basis for our finding. The public
direct final rule are encouraged to file a the May 12, 2015 Alaska State comment period for this proposal ended
comment in response to the parallel Implementation Plan (SIP) submission on August 19, 2016. We received one
notice of proposed rulemaking for this as meeting the infrastructure comment, from Robert Ukeiley.
VerDate Sep<11>2014 16:29 May 11, 2017 Jkt 241001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\12MYR1.SGM 12MYR1](https://thefederalregister.org/doc/82_FR_22172/page/1.svg)
![Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations 22083
‘‘major rule’’ as defined by 5 U.S.C. reference, Intergovernmental relations, Subpart C—Alaska
804(2). Lead, Nitrogen dioxide, Ozone,
Under CAA section 307(b)(1), Particulate matter, Reporting and ■ 2. In § 52.70, the table in paragraph (e)
petitions for judicial review of this recordkeeping requirements, Sulfur is amended by:
action must be filed in the United States oxides, Volatile organic compounds.
Court of Appeals for the appropriate ■ a. Revising the entry for ‘‘CAA Section
Authority: 42 U.S.C. 7401 et seq. 110 Infrastructure Certification
circuit by July 11, 2017. Filing a petition
for reconsideration by the Administrator Dated: April 11, 2017. Documentation and Supporting
of this final rule does not affect the Michelle L. Pirzadeh, Documents’’; and
finality of this action for the purposes of Acting Regional Administrator, Region 10. ■ b. Adding two entries at the end of the
judicial review nor does it extend the table for ‘‘110(a)(2) Infrastructure
time within which a petition for judicial For the reasons set forth in the
preamble, 40 CFR part 52 is amended as Requirements—2010 NO2 NAAQS’’ and
review may be filed, and shall not ‘‘110(a)(2) Infrastructure
postpone the effectiveness of such rule follows:
Requirements—2010 SO2 NAAQS’’.
or action. This action may not be PART 52—APPROVAL AND
challenged later in proceedings to The revision and additions read as
PROMULGATION OF follows:
enforce its requirements. (See CAA IMPLEMENTATION PLANS
section 307(b)(2)). § 52.70 Identification of plan.
List of Subjects in 40 CFR Part 52 ■ 1. The authority citation for part 52 * * * * *
Environmental protection, Air continues to read as follows:
(e) * * *
pollution control, Incorporation by Authority: 42 U.S.C. 7401 et seq.
EPA-APPROVED ALASKA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable State
geographic or
Name of SIP provision submittal EPA approval date Comments
non-attainment date
area
* * * * * * *
State of Alaska Air Quality Control Plan: Volume III. Appendices
Section II State Air Quality Control Program
* * * * * * *
CAA Section 110 Infra- Statewide .......... 5/12/15 5/12/17, [Insert Federal
structure Certification Register citation].
Documentation and
Supporting Documents.
* * * * * * *
Section 110(a)(2) Infrastructure and Interstate Transport
* * * * * * *
110(a)(2) Infrastructure Statewide .......... 5/12/15 5/12/17, [Insert Federal Approves SIP for purposes of CAA sections
Requirements—2010 Register citation]. 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F),
NO2 NAAQS. (G), (H), (J), (K), (L), and (M) for the 2010 NO2
NAAQS.
110(a)(2) Infrastructure Statewide .......... 5/12/15 5/12/17, [Insert Federal Approves SIP for purposes of CAA sections
Requirements—2010 Register citation]. 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F),
SO2 NAAQS. (G), (H), (J), (K), (L), and (M) for the 2010 SO2
NAAQS.
[FR Doc. 2017–09533 Filed 5–11–17; 8:45 am] ENVIRONMENTAL PROTECTION ACTION: Direct final rule.
BILLING CODE 6560–50–P AGENCY
SUMMARY: The Environmental Protection
40 CFR Part 52 Agency (EPA) is taking direct final
action to approve, and incorporate by
mstockstill on DSK30JT082PROD with RULES
[EPA–R10–OAR–2016–0584; FRL–9960–43– reference, portions of Idaho’s April 28,
Region 10] 2016, State Implementation Plan
submittal (SIP submittal) that update the
Air Plan Approval; ID, Updates to
incorporation by reference of federal air
Incorporations by Reference
quality regulations. We note that this
AGENCY: Environmental Protection action does not address the changes
Agency (EPA).
VerDate Sep<11>2014 16:29 May 11, 2017 Jkt 241001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\12MYR1.SGM 12MYR1](https://thefederalregister.org/doc/82_FR_22172/page/3.svg)
Document Created: 2017-05-12 01:09:33
Document Modified: 2017-05-12 01:09:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective June 12, 2017. | |
| Contact | Kristin Hall, Air Planning Unit, Office of Air and Waste (OAW-150), Environmental Protection Agency-- Region 10, 1200 Sixth Ave., Seattle, WA 98101; telephone number: (206) | |
| FR Citation | 82 FR 22081 | |
| CFR Associated | Environmental 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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