[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Rules and Regulations]
[Pages 54509-54510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17541]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2019-0412; FRL-10011-59-Region 10]


Determination of Failure To Attain by the Attainment Date and 
Denial of Serious Area Attainment Date Extension Request; AK: Fairbanks 
North Star Borough 2006 24-Hour Fine Particulate Matter Serious 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing the 
determination that the Fairbanks North Star Borough nonattainment area 
failed to attain the 2006 24-hour fine particulate matter 
(PM2.5) National Ambient Air Quality Standards (NAAQS) by 
the December 31, 2019 ``Serious'' area attainment date. This 
determination is based on complete, quality-assured and certified 
PM2.5 monitoring data for 2017 through 2019. The EPA is also 
finalizing the denial of the State's request for an extension of the 
Serious area attainment date for the Fairbanks North Star Borough 
nonattainment area. Based on this final action, the State will be 
subject to further statutory and regulatory requirements for this area, 
including a new State Implementation Plan (SIP) submission meeting 
additional requirements that the State must submit by December 31, 
2020.

DATES: The final rule is effective October 2, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2019-0412. 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: Matthew Jentgen at (206) 553-0340, or 
jentgen.matthew@epa.gov.

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 Information
II. Final Action
III. Statutory and Executive Order Reviews

I. Background Information

    On May 19, 2020, the EPA proposed to determine that the Fairbanks 
North Star Borough PM2.5 nonattainment area (Fairbanks 
PM2.5 Nonattainment Area) failed to attain the 2006 24-hour 
PM2.5 NAAQS by the December 31, 2019, Serious area 
attainment date (85 FR 29879). The EPA also proposed to deny the 
State's request for an extension of the Serious area attainment date 
for the Fairbanks PM2.5 Nonattainment Area. The reasons for 
our proposed actions were included in the notice of proposed rulemaking 
and will not be restated here. The public comment period for our 
proposed action ended on June 18, 2020.
    The EPA received three comments on the proposed actions. Two 
comments were supportive of the actions as proposed. These comments 
also raised additional issues related to air quality planning and 
monitoring in the Fairbanks North Star Borough. These issues are beyond 
the scope of the proposed actions. The EPA notes that, as a result of 
failing to attain the NAAQS by the Serious area attainment date, the 
State is required to submit a revised nonattainment plan that meets the 
requirements of CAA Section 189(d) by December 31, 2020. The public 
will have the opportunity to comment on these plan revisions.
    The final comment the EPA received was clearly not related to these 
actions and thus not adverse to these actions. The comment lacked the 
required specificity to the proposed actions and did not recommend a 
different action than the one proposed. Therefore, the EPA is 
finalizing the actions as proposed.

II. Final Action

    Pursuant to CAA section 179(c)(1), the EPA is making a final 
determination that the Fairbanks PM2.5 Nonattainment Area 
did not attain the NAAQS by the applicable outermost Serious area 
attainment date of December 31, 2019, in accordance with CAA section

[[Page 54510]]

188(c)(2). In accordance with CAA section 188(e) and 40 CFR 51.1005(b), 
the EPA is also finalizing the denial of the State's request to extend 
the Serious area attainment date.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    These actions are exempt from review by the Office of Management 
and Budget (OMB) because the actions satisfy the CAA obligation to make 
a determination of attainment based on an area's air quality as of the 
attainment date and deny an attainment date extension request.

B. Executive Order 13771: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    These actions are not Executive Order 13771 regulatory actions 
because they are not significant regulatory actions under Executive 
Order 12866.

C. Paperwork Reduction Act (PRA)

    These actions do not impose any additional information collection 
burden under the provisions of the PRA, 44 U.S.C. 3501 et seq. Neither 
the action to find that the Fairbanks PM2.5 Nonattainment 
Area failed to attain the 2006 24-hour PM2.5 NAAQS by the 
Serious area attainment date, nor the denial of the attainment 
extension request establish any new information collection burden not 
already covered under OMB control number 2060-0611.

D. Regulatory Flexibility Act (RFA)

    I certify that these actions will not have a significant economic 
impact on a substantial number of small entities under the RFA. These 
actions will not impose any requirements on small entities. Neither a 
determination that the Fairbanks PM2.5 Nonattainment Area 
failed to attain the 2006 24-hour PM2.5 NAAQS by the Serious 
area attainment date, nor a denial of an attainment date extension 
request create any new requirements or directly regulate any entities.

E. Unfunded Mandates Reform Act (UMRA)

    These actions do not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and do not significantly or uniquely affect 
small governments. These actions do not impose additional requirements 
beyond those imposed by state law. Thus, these actions impose no 
enforceable duty on any state, local or tribal governments or the 
private sector.

F. Executive Order 13132: Federalism

    These actions do not have federalism implications. They will not 
have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    These actions do not have tribal implications as specified in 
Executive Order 13175. The CAA and the Tribal Authority Rule establish 
the relationship of the federal government and tribes in developing 
plans to attain the NAAQS, and these actions do nothing to modify that 
relationship. Thus, Executive Order 13175 does not apply to these 
actions.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    These actions are not subject to Executive Order 13045 because they 
are not economically significant as defined in Executive Order 12866, 
and because the EPA does not believe any environmental health or safety 
risks addressed by these actions present a disproportionate risk to 
children.

I. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    These actions are not subject to Executive Order 13211, because 
they are not significant regulatory actions under Executive Order 
12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    These actions are not subject to the requirements of Section 12(d) 
of the NTTAA because these actions do not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that these actions do not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). 
Pursuant to the CAA, these actions determine that the Fairbanks 
PM2.5 Nonattainment Area did not attain by the applicable 
attainment date and deny the state's attainment date extension request.

L. Congressional Review Act (CRA)

    These actions are subject to the CRA, and the EPA will submit a 
rule report to each House of the Congress and to the Comptroller 
General of the United States. These actions are not a ``major rule'' as 
defined by 5 U.S.C. 804(2).

M. Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of these actions must be filed in the United States 
Court of Appeals for the appropriate circuit by November 2, 2020. 
Filing a petition for reconsideration by the Administrator of this 
final rule does not affect the finality of these actions 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 rules or actions. These actions 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.

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

    Dated: July 28, 2020.
Christopher Hladick,
Regional Administrator, Region 10.
[FR Doc. 2020-17541 Filed 9-1-20; 8:45 am]
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