[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Rules and Regulations]
[Pages 8952-8953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03303]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2017-0031; FRL-9177-02-R10]


Air Plan Approval; AK; Removal of Excess Emissions Provision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Alaska, 
through the Alaska Department of Environment Conservation, on January 
9, 2017. The revision was submitted by Alaska in response to a finding 
of substantial inadequacy and SIP call published on June 12, 2015, for 
a provision in the Alaska SIP related to excess emissions during 
startup, shutdown, and malfunction (SSM) events. EPA is approving the 
SIP revision and finds that such SIP revision corrects the deficiency 
identified in the June 12, 2015, SIP call.

DATES: This final rule is effective March 21, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R10-OAR-2017-0031. 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., 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 at https://www.regulations.gov, or please contact the person listed in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Randall Ruddick, EPA Region10, 1200 
Sixth Avenue (Suite 155), Seattle, WA 98101, (206) 553-1999; or email 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' is used, it means the EPA.

I. Background

    On December 6, 2021, we proposed to approve a SIP revision 
submitted by the State of Alaska, through the Alaska Department of 
Environment Conservation, on January 9, 2017 (86 FR 68960). In that 
proposal, we also proposed to determine that the SIP revision corrects 
the deficiency with respect to Alaska that we identified in our June 
12, 2015 action entitled ``State Implementation Plans: Response to 
Petition for Rulemaking; Restatement and Update of EPA's SSM Policy 
Applicable to SIPs; Findings of Substantial Inadequacy; and SIP Calls 
to Amend Provisions Applying to Excess Emissions During Periods of 
Startup, Shutdown, and Malfunction'' (``June 12, 2015 SIP call'') (80 
FR 33839, June 12, 2015). The reasons for our proposed approval and 
determination are stated in the proposed action (86 FR 68960, January 
9, 2017) and will not be restated here. The public comment period for 
our proposed approval and determination ended on January 5, 2022, and 
no comments were received. Therefore, we are finalizing our action as 
proposed.

II. Final Action

    EPA is approving Alaska's January 9, 2017 SIP submission requesting 
removal of 18 AAC 50.240 ``Excess Emissions'' from the Alaska SIP. EPA 
has also determined this SIP revision corrects the deficiency 
identified in the June 12, 2015 SIP call. Alaska is retaining 18 AAC 
50.240 for state law purposes only, with revisions to clarify that (1) 
all excess emissions are violations and (2) the provision applies only 
to Alaska in exercising its enforcement authority and therefore does 
not preclude citizens or EPA from seeking injunctive relief or civil 
penalties for excess emissions (86 FR 68961).

III. Incorporation by Reference

    In this document, EPA is finalizing removal of regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, EPA is removing the incorporation by reference of ``18 AAC 
50.240'' in 40 CFR 52.70, as described in section II of

[[Page 8953]]

this preamble. EPA has made, and will continue to make, these materials 
generally available through https://www.regulations.gov and at the EPA 
Region 10 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).
    Therefore, these materials have been approved by EPA for removal 
from the Alaska SIP, have been removed from incorporation by reference 
by EPA into that plan, are no longer federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rule of the EPA's approval, and incorporation by reference will be 
removed by the Director of the Federal Register in the next update to 
the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order 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 application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide 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 Alaska SIP does not apply on any Indian reservation land in or 
in any other area where EPA or Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, this 
rulemaking does not have tribal implications as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000), nor will it impose 
substantial direct costs on tribal governments or preempt tribal law.
    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. 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 April 18, 2022. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 10, 2022.
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


Sec.  52.70  [Amended]

0
2. In Sec.  52.70, the table in paragraph (c) is amended by removing 
the entry ``18 AAC 50.240'' under the heading ``18 AAC 50--Article 2. 
Program Administration''.

[FR Doc. 2022-03303 Filed 2-16-22; 8:45 am]
BILLING CODE 6560-50-P


