[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Rules and Regulations]
[Pages 29449-29450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13451]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2016-0590; FRL-9979-87--Region 10]


Air Plan Approval; AK; Interstate Transport Requirements for the 
2010 Nitrogen Dioxide and Sulfur Dioxide National Ambient Air Quality 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
State Implementation Plan (SIP) submittal from the Alaska Department of 
Environmental Conservation (Alaska DEC) demonstrating that the SIP 
meets certain interstate transport requirements of the Clean Air Act 
(CAA) for the National Ambient Air Quality Standards (NAAQS) 
promulgated in 2010 for nitrogen dioxide (NO2) and sulfur 
dioxide (SO2). The EPA has determined that Alaska's SIP 
contains adequate provisions to ensure that air emissions in Alaska do 
not significantly contribute to nonattainment or interfere with the 
maintenance of the 2010 NO2 and SO2 NAAQS in any 
other state.

DATES: This final rule is effective July 25, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2016-0590. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., CBI or 
other information whose disclosure 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 through https://www.regulations.gov, or please contact the person identified in the For 
Further Information Contact section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: John Chi at (206) 553-1185, or 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, it is intended to refer to the EPA. 
Information is organized as follows:

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    On April 23, 2018, the EPA proposed to approve Alaska's March 10, 
2016, SIP submission as meeting CAA section 110(a)(2)(D)(i)(I) 
interstate transport provisions for the 2010 NO2 and 2010 
SO2 NAAQS (83 FR 17627). Please see our proposed rulemaking 
for further explanation and the basis for our finding (April 23, 2018, 
83 FR 17627).
    The public comment period for the EPA's proposed action ended on 
May 23, 2018. We received no adverse comments. There were four 
electronic comments submitted through https://www.regulations.gov. We 
reviewed the comments and we have determined that none are germane to 
this action. Therefore, we are finalizing our action as proposed.

II. Final Action

    The EPA is approving Alaska's March 10, 2016, SIP submission as 
demonstrating sources in Alaska do not significantly contribute to 
nonattainment, or interfere with maintenance, of the 2010 
NO2 and SO2 NAAQS in any other state. Based on 
our review, we find the Alaska SIP meets the CAA section 
110(a)(2)(D)(i)(I) interstate transport requirements for the 2010 
NO2 and SO2 NAAQS.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the 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);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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);

[[Page 29450]]

     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 application of those requirements would be inconsistent 
with the Clean Air Act; 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).

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 and it will not impose substantial direct 
costs on tribal governments or preempt tribal law 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 24, 2018. 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, Nitrogen dioxide, Reporting and 
recordkeeping requirements, Sulfur dioxide.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: June 14, 2018.
Chris Hladick,
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 an 
entry for ``Interstate Transport Requirements--2010 NO2 and 
2010 SO2 NAAQS'' after the entry for ``Infrastructure 
Requirements--2010 SO2 NAAQS'' to read as follows:


Sec.  52.70  Identification of plan.

* * * * *
    (e) * * *

                   EPA-Approved Alaska Nonregulatory Provisions and Quasi-Regulatory Measures
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                                  Applicable  geographic
      Name of SIP provision         or  non-attainment         State       EPA approval date     Explanations
                                           area           submittal date
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                        State of Alaska Air Quality Control Plan: Volume III. Appendices
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                                                  * * * * * * *
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                                     Infrastructure and Interstate Transport
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                                                  * * * * * * *
Interstate Transport              Statewide.............       3/10/2016  6/25/2018, [Insert  Approves SIP for
 Requirements--2010 NO2 and 2010                                           Federal Register    purposes of CAA
 SO2 NAAQS.                                                                citation].          section
                                                                                               110(a)(2)(D)(i)(I
                                                                                               ) for the 2010
                                                                                               NO2 and 2010 SO2
                                                                                               NAAQS.
 
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[FR Doc. 2018-13451 Filed 6-22-18; 8:45 am]
 BILLING CODE 6560-50-P


