82 FR 37307 - Air Plan Approval; Alaska: Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 153 (August 10, 2017)

Page Range		37307-37308
FR Document		2017-16805

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. On July 9, 2012, Alaska submitted a plan to address the infrastructure requirements for the lead (Pb) NAAQS promulgated on October 15, 2008. The Environmental Protection Agency (EPA) is approving the plan as meeting Clean Air Act (CAA) requirements.

Federal Register, Volume 82 Issue 153 (Thursday, August 10, 2017)

[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Rules and Regulations]
[Pages 37307-37308]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16805]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2017-0040; FRL-9965-76-Region 10]


Air Plan Approval; Alaska: Infrastructure Requirements for the 
2008 Lead National Ambient Air Quality 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. On July 9, 2012, Alaska 
submitted a plan to address the infrastructure requirements for the 
lead (Pb) NAAQS promulgated on October 15, 2008. The Environmental 
Protection Agency (EPA) is approving the plan as meeting Clean Air Act 
(CAA) requirements.

DATES: This final rule is effective September 11, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2017-0040. 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. Public docket materials are available 
at https://www.regulations.gov or at the 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 to 4:30, 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. Final Action
III. Statutory and Executive Orders Review

I. Background

    On July 9, 2012, Alaska submitted a SIP to meet the infrastructure 
requirements of CAA sections 110(a)(1) and (2) for multiple NAAQS, 
including the Pb NAAQS. On May 31, 2017, the EPA proposed to approve 
the submission as meeting certain infrastructure requirements for the 
Pb NAAQS (82 FR 24914). Please see our proposed rulemaking for further 
explanation and the basis for our finding. The public comment period 
for this proposal ended on June 30, 2017. We received no comments.

II. Final Action

    The EPA is approving Alaska's July 9, 2012, SIP submission as 
meeting the following CAA section 110(a)(2) infrastructure elements for 
the 2008 Pb NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), 
(H), (J), (K), (L), and (M). We note that this action does not address 
CAA section 110(a)(2)(D)(i)(I) for the 2008 Pb NAAQS, which was 
approved on August 4, 2014 (79 FR 45103).

III. 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).

[[Page 37308]]

    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 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 October 10, 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: July 26, 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 adding the 
entry ``110(a)(2) Infrastructure Requirements--2008 Lead NAAQS'' at the 
end of the table to 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 nonattainment area  submittal date  EPA approval date         Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                            Section 110(a)(2) Infrastructure and Interstate Transport
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(2) Infrastructure        Statewide.............          7/9/12  8/10/17 [insert    Approves SIP for
 Requirements--2008 Lead 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
                                                                                            2008 Lead NAAQS.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-16805 Filed 8-9-17; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations 37307

Applicable State submittal
Name of non-regulatory SIP revision EPA approval date Additional explanation
geographic area date

* * * * * * *
Regional Haze Five-Year Progress Re- District of Columbia 03/02/16 08/10/17 [Insert Addresses requirements of 40 CFR
port. Federal Register 51.308(g) and (h) for Regional Haze
citation]. Five-Year Progress Report.

[FR Doc. 2017–16821 Filed 8–9–17; 8:45 am] Regional Office’s official hours of the CAA. Accordingly, this action
BILLING CODE 6560–50–P business are Monday through Friday, merely approves state law as meeting
8:30 to 4:30, excluding federal holidays. federal requirements and does not
FOR FURTHER INFORMATION CONTACT: impose additional requirements beyond
ENVIRONMENTAL PROTECTION Kristin Hall, Air Planning Unit, Office of those imposed by state law. For that
AGENCY Air and Waste (OAW–150), reason, this action:
Environmental Protection Agency— • Is not a significant regulatory action
40 CFR Part 52 Region 10, 1200 Sixth Ave., Seattle, WA subject to review by the Office of
[EPA–R10–OAR–2017–0040; FRL–9965–76– 98101; telephone number: (206) 553– Management and Budget under
Region 10] 6357; email address: hall.kristin@ Executive Orders 12866 (58 FR 51735,
epa.gov. October 4, 1993) and 13563 (76 FR 3821,
Air Plan Approval; Alaska: January 21, 2011);
SUPPLEMENTARY INFORMATION:
Infrastructure Requirements for the • Does not impose an information
2008 Lead National Ambient Air Quality Throughout this document wherever
collection burden under the provisions
Standards ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
of the Paperwork Reduction Act (44
intended to refer to the EPA.
U.S.C. 3501 et seq.);
AGENCY: Environmental Protection
Table of Contents • Is certified as not having a
Agency (EPA).
significant economic impact on a
ACTION: Final rule. I. Background
II. Final Action substantial number of small entities
SUMMARY: Whenever a new or revised III. Statutory and Executive Orders Review under the Regulatory Flexibility Act (5
National Ambient Air Quality Standard U.S.C. 601 et seq.);
(NAAQS) is promulgated, each state
I. Background • Does not contain any unfunded
must submit a plan for the On July 9, 2012, Alaska submitted a mandate or significantly or uniquely
implementation, maintenance, and SIP to meet the infrastructure affect small governments, as described
enforcement of such standard, requirements of CAA sections 110(a)(1) in the Unfunded Mandates Reform Act
commonly referred to as infrastructure and (2) for multiple NAAQS, including of 1995 (Pub. L. 104–4);
requirements. On July 9, 2012, Alaska the Pb NAAQS. On May 31, 2017, the • Does not have Federalism
submitted a plan to address the EPA proposed to approve the implications as specified in Executive
infrastructure requirements for the lead submission as meeting certain Order 13132 (64 FR 43255, August 10,
(Pb) NAAQS promulgated on October infrastructure requirements for the Pb 1999);
15, 2008. The Environmental Protection NAAQS (82 FR 24914). Please see our • Is not an economically significant
Agency (EPA) is approving the plan as proposed rulemaking for further regulatory action based on health or
meeting Clean Air Act (CAA) explanation and the basis for our safety risks subject to Executive Order
requirements. finding. The public comment period for 13045 (62 FR 19885, April 23, 1997);
this proposal ended on June 30, 2017. • Is not a significant regulatory action
DATES: This final rule is effective subject to Executive Order 13211 (66 FR
We received no comments.
September 11, 2017. 28355, May 22, 2001);
ADDRESSES: The EPA has established a II. Final Action • Is not subject to requirements of
docket for this action under Docket ID The EPA is approving Alaska’s July 9, section 12(d) of the National
No. EPA–R10–OAR–2017–0040. All 2012, SIP submission as meeting the Technology Transfer and Advancement
documents in the docket are listed on following CAA section 110(a)(2) Act of 1995 (15 U.S.C. 272 note) because
the https://www.regulations.gov Web infrastructure elements for the 2008 Pb this action does not involve technical
site. Although listed in the index, some NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), standards; and
information may not be publicly (E), (F), (G), (H), (J), (K), (L), and (M). We • Does not provide the EPA with the
available, i.e., Confidential Business note that this action does not address discretionary authority to address, as
Information or other information the CAA section 110(a)(2)(D)(i)(I) for the appropriate, disproportionate human
disclosure of which is restricted by 2008 Pb NAAQS, which was approved health or environmental effects, using
statute. Certain other material, such as on August 4, 2014 (79 FR 45103). practicable and legally permissible
copyrighted material, is not placed on methods, under Executive Order 12898
the Internet and is publicly available III. Statutory and Executive Orders (59 FR 7629, February 16, 1994).
only in hard copy form. Public docket Review In addition, the SIP is not approved
materials are available at https:// Under the CAA, the Administrator is to apply on any Indian reservation land
mstockstill on DSK30JT082PROD with RULES

www.regulations.gov or at the EPA required to approve a SIP submission or in any other area where the EPA or
Region 10 Office of Air and Waste, 1200 that complies with the provisions of the an Indian Tribe has demonstrated that a
Sixth Avenue, Seattle, Washington CAA and applicable federal regulations. Tribe has jurisdiction. In those areas of
98101. The EPA requests that you 42 U.S.C. 7410(k); 40 CFR 52.02(a). Indian country, the rule does not have
contact the person listed in the FOR Thus, in reviewing SIP submissions, the Tribal implications as specified by
FURTHER INFORMATION CONTACT section EPA’s role is to approve state choices, Executive Order 13175 (65 FR 67249,
below, to schedule your inspection. The provided that they meet the criteria of November 9, 2000).

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37308 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations

The Congressional Review Act, 5 circuit by October 10, 2017. Filing a Dated: July 26, 2017.
U.S.C. 801 et seq., as added by the Small petition for reconsideration by the Michelle L. Pirzadeh,
Business Regulatory Enforcement Administrator of this final rule does not Acting Regional Administrator, Region 10.
Fairness Act of 1996, generally provides affect the finality of this action for the For the reasons set forth in the
that before a rule may take effect, the purposes of judicial review nor does it preamble, 40 CFR part 52 is amended as
agency promulgating the rule must extend the time within which a petition follows:
submit a rule report, which includes a for judicial review may be filed, and
copy of the rule, to each House of the shall not postpone the effectiveness of PART 52—APPROVAL AND
Congress and to the Comptroller General such rule or action. This action may not PROMULGATION OF
of the United States. The EPA will be challenged later in proceedings to IMPLEMENTATION PLANS
submit a report containing this action enforce its requirements. (See CAA
and other required information to the ■ 1. The authority citation for part 52
section 307(b)(2)). continues to read as follows:
U.S. Senate, the U.S. House of
Representatives, and the Comptroller List of Subjects in 40 CFR Part 52 Authority: 42 U.S.C. 7401 et seq.
General of the United States prior to
publication of the rule in the Federal Environmental protection, Air Subpart C—Alaska
Register. A major rule cannot take effect pollution control, Incorporation by
reference, Intergovernmental relations, ■ 2. In § 52.70, the table in paragraph (e)
until 60 days after it is published in the
Lead, Nitrogen dioxide, Ozone, is amended by adding the entry
Federal Register. This action is not a
Particulate matter, Reporting and ‘‘110(a)(2) Infrastructure
‘‘major rule’’ as defined by 5 U.S.C.
recordkeeping requirements, Sulfur Requirements—2008 Lead NAAQS’’ at
804(2).
oxides, Volatile organic compounds. the end of the table to read as follows:
Under CAA section 307(b)(1),
petitions for judicial review of this Authority: 42 U.S.C. 7401 et seq. § 52.70 Identification of plan.
action must be filed in the United States * * * * *
Court of Appeals for the appropriate (e) * * *

EPA-APPROVED ALASKA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable State
geographic or EPA approval
Name of SIP provision submittal Comments
nonattainment date
date
area

* * * * * * *

Section 110(a)(2) Infrastructure and Interstate Transport

* * * * * * *
110(a)(2) Infrastructure Re- Statewide .......... 7/9/12 8/10/17 [insert Approves SIP for purposes of CAA sections 110(a)(2)(A),
quirements—2008 Lead Federal (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L),
NAAQS. Register ci- and (M) for the 2008 Lead NAAQS.
tation].

[FR Doc. 2017–16805 Filed 8–9–17; 8:45 am] Implementation Plan (SIP) for ozone ADDRESSES: The EPA has established a
BILLING CODE 6560–50–P submitted by the State of New Jersey. docket for this action under Docket ID
This SIP revision consists of two source- No. EPA–R02–OAR–2016–0766. All
specific reasonably available control documents in the docket are listed on
ENVIRONMENTAL PROTECTION technology (RACT) determinations for the www.regulations.gov Web site.
AGENCY controlling oxides of nitrogen. One is for Although listed in the index, some
the Transcontinental Gas Pipeline Corp., information is not publicly available,
40 CFR Part 52 e.g., CBI or other information whose
LNG Station 240 located in Carlstadt,
[EPA–R02–OAR–2016–0766; FRL–9965–79– New Jersey and the other is for Joint disclosure is restricted by statute.
Region 2] Base McGuire-Dix-Lakehurst in Certain other material, such as
Lakehurst, New Jersey. This action copyrighted material, is not placed on
Approval and Promulgation of approves the source-specific RACT the Internet and will be publicly
Implementation Plans; Reasonably determinations that were made by New available only in hard copy form.
Available Control Technology for Jersey in accordance with the provisions Publicly available docket materials are
Oxides of Nitrogen for Specific of its regulation to help meet the available either electronically through
Sources in the State of New Jersey www.regulations.gov, or please contact
national ambient air quality standard for
the person identified in the FOR FURTHER
mstockstill on DSK30JT082PROD with RULES

AGENCY: Environmental Protection ozone. The intended effect of this rule
INFORMATION CONTACT section for
Agency. is to approve source-specific emissions
additional availability information.
ACTION: Final rule. limitations required by the Clean Air
Act. FOR FURTHER INFORMATION CONTACT:
SUMMARY: The Environmental Protection Anthony (Ted) Gardella,
Agency (EPA) is announcing approval of DATES:This rule is effective on gardella.anthony@epa.gov at the United
two revisions to the State September 11, 2017. States Environmental Protection

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Document Created: 2017-08-10 01:01:10
Document Modified: 2017-08-10 01:01:10

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 September 11, 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 37307
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