[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Proposed Rules]
[Pages 33555-33560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10955]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2022-0893; FRL-10419-01-R10]


Air Plan Approval; AK; Revisions to Ice Fog and Sulfur Dioxide 
Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve 
a revision to the Alaska State Implementation Plan (SIP) submitted on 
May 16, 2022. In the submission, Alaska revised and repealed state 
regulations originally put in place to limit water vapor emissions that 
may contribute to ice fog and to address the use of high-sulfur marine 
fuels near the communities of St. Paul Island and Unalaska. Alaska 
determined that the regulations are now obsolete due to technology 
improvements and regulatory changes, including Federal sulfur content 
in fuel restrictions, and Alaska requested that the SIP be updated to 
reflect the revised and repealed state regulations. We propose to find 
that the submitted revision will not interfere with attainment of the 
national ambient air quality standards or other applicable requirements 
of the Clean Air Act.

DATES: Comments must be received on or before June 23, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2022-0893, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from regulations.gov. The EPA may publish any 
comment received to its public docket. Do not electronically submit any 
information you consider to be Confidential Business Information (CBI) 
or other information the disclosure of which is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kristin Hall, EPA Region 10, 1200 
Sixth Avenue, Suite 155, Seattle, WA 98101, at (206) 553-6357 or 
[email protected].

SUPPLEMENTARY INFORMATION: In this document, ``we'' and ``our'' mean 
the EPA.

Table of Contents

I. Background
II. Evaluation of Submission
    A. Ice Fog Provisions
    B. Sulfur Dioxide Provisions
III. Proposed Action
IV. Environmental Justice Considerations
V. Tribal Consultation
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. Background

    Each state has a State Implementation Plan (SIP) containing the air 
pollution control measures and strategies used to meet the national 
ambient air quality standards. These standards are established by the 
EPA for the criteria pollutants: carbon monoxide, lead, nitrogen 
dioxide, ozone, particulate matter, and sulfur dioxide 
(SO2). The SIP contains elements such as emission limits, 
pollution control technology requirements, monitoring networks, and 
enforcement mechanisms, among other elements. The SIP is a living 
compilation revised by the state over time to address changing air 
quality conditions.

[[Page 33556]]

    As the primary government entity charged with controlling air 
pollution in the state, the Alaska Department of Environmental 
Conservation (DEC) generally establishes state air regulations in the 
Alaska Administrative Code, Title 18, Chapter 50 (18 AAC 50). The 
Alaska DEC then submits state regulations to the EPA for review and 
approval. Through notice and comment rulemaking, the EPA approves and 
incorporates the state regulations by reference into the Alaska SIP in 
the Code of Federal Regulations (CFR) at 40 CFR part 52, subpart C. As 
part of the SIP, the state regulations are enforceable by the EPA, and 
by citizens in Federal district court.\1\
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    \1\ See citizen suit provision at Clean Air Act section 304.
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II. Evaluation of Submission

    On May 16, 2022, Alaska submitted a SIP revision to the EPA. In the 
submission, the state revised and repealed certain air quality 
regulations and requested to update the federally approved SIP.\2\ 
Alaska determined that the regulations, originally put in place to 
limit water vapor emissions that may contribute to ice fog and to 
address the use of high-sulfur marine fuels near the communities of St. 
Paul Island and Unalaska are now obsolete due to technology 
improvements and regulatory changes. Alaska requested that the SIP be 
updated to reflect the revised and repealed state regulations. Alaska 
provided background and supporting information in the submission. We 
have included the full submission in the docket for this action. The 
following paragraphs of this preamble summarize our evaluation.
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    \2\ The submission also updated the state's adoption by 
reference of Federal air quality standards and test methods codified 
at 18 AAC 50.035 and 18 AAC 50.040. We approved these adoption 
updates in a separate action on March 22, 2023 (88 FR 17159).
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A. Ice Fog Provisions

    Ice fog is made up of tiny ice crystals that form in the air under 
extremely cold conditions. The original 1972 Alaska SIP included a 
chapter on ice fog because, at the time, water vapor from cooling 
ponds, industrial processes, motor vehicles and other sources 
contributed to regular ice fog events that caused dangerous road 
conditions and other public safety hazards. The original Alaska SIP 
also included a regulation \3\ to address industrial sources of water 
vapor emissions. The regulation, currently codified at 18 AAC 50.080, 
stated that the Alaska DEC may require a person who proposes to build 
or operate an industrial process, fuel-burning equipment, or 
incinerator in an area of potential ice fog to obtain a permit and to 
reduce water vapor emissions.
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    \3\ 18 AAC 50.090, state effective May 26, 1972. We note that 
this regulation was renumbered from 18 AAC 50.090 to 18 AAC 50.080, 
state effective January 18, 1997.
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    The Alaska DEC determined that the ice fog chapter and regulation 
are no longer needed. The submission, included in the docket for this 
action, stated that, in the 50 years since establishing the ice fog 
provisions, improved technologies have reduced water vapor emissions 
from industrial processes and equipment. The submission further stated 
that ice fog prevention measures are required in only a handful of 
permits issued to older industrial turbines in interior Alaska that use 
water injection as a nitrogen oxide control measure. To address these 
limited situations, the Alaska DEC retains authority under a separate 
regulation, 18 AAC 50.110,\4\ to limit water vapor emissions and 
prevent ice fog events.
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    \4\ 18 AAC 50.110 prohibits any emission injurious to health or 
welfare, animal or plant life, or property, or which would 
unreasonably interfere with the enjoyment of life or property. It is 
also part of the federally approved Alaska SIP.
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    The EPA may approve a state's request to revise or remove a 
provision from the federally approved SIP as long as the SIP revision 
would not interfere with any applicable requirement concerning 
attainment of the national ambient air quality standards, reasonable 
further progress toward achieving those standards, or other applicable 
requirements of the Clean Air Act. We have reviewed the submission and 
propose to approve the request to remove the ice fog chapter and 
regulation from the SIP for two reasons. First, we propose to find that 
the ice fog regulation at 18 AAC 50.090 is redundant. The submission 
stated that the Alaska DEC may employ a different SIP-approved 
regulation, 18 AAC 50.110, to prevent ice fog events. Second, the ice 
fog chapter and regulation address water vapor emissions. Water vapor 
is not a criteria pollutant, precursor to a criteria pollutant, or an 
additional pollutant required to be regulated under the SIP and Clean 
Air Act section 110 and part C of title I. Removal of this water vapor 
provision will not impact air pollution control requirements for the 
control of criteria pollutants. Therefore, we propose to find that 
removing the ice fog chapter and regulation from the SIP will not 
interfere with any applicable requirement concerning attainment of the 
national ambient air quality standards, reasonable further progress 
toward achieving those standards, or other applicable requirements of 
the Clean Air Act.

B. Sulfur Dioxide Provisions

    In 1997, Alaska established two SO2 special protection 
areas around the island fishing communities of Unalaska and St. Paul 
Island.\5\ The submission, included in the docket for this action, 
stated that marine vessels and on-shore industrial facilities in these 
areas historically burned large quantities of high-sulfur fuel oil, as 
high as 50,000 parts per million (ppm) sulfur content, or 5% sulfur by 
weight. International treaty governs the sulfur content of commercial 
marine fuel and, at the time Alaska established the SO2 
special protection areas, allowed for the widespread burning of high-
sulfur fuel oil known as bunker fuel.
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    \5\ Unalaska, population 4,254, is the largest community in the 
Aleutian Islands chain. It is home to Dutch Harbor, main port to the 
Bering Sea fishery. St. Paul Island, population 413, is the largest 
of the Pribilof Islands, approximately 300 miles off the mainland in 
the Bering Sea. Both communities are located in the Aleutians West 
Census Area. See U.S. Census Bureau Data for Alaska, 2020. Available 
at https://live.laborstats.alaska.gov/cen/hist.html. See also 
Aleutians West Census Area map at https://live.laborstats.alaska.gov/cen/maps/bor/current/016.pdf.
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    Lacking the authority to limit the sulfur content of commercial 
marine fuel burned by vessels transiting near Alaska, the Alaska DEC 
established SO2 special protection areas around Unalaska and 
St. Paul Island. Within these special protection areas, Alaska imposed 
additional minor source permitting requirements on certain sources. 
Specifically, the Alaska DEC required each emissions unit with a rated 
capacity of 10 million British thermal units (BTUs) or more per hour to 
obtain a minor source permit prior to beginning actual construction.\6\ 
This requirement was in addition to the current state-wide requirement 
for each new stationary source with the potential to emit (PTE) 
SO2 greater than 40 tons per year to obtain a minor source 
permit prior to beginning actual construction.\7\
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    \6\ Previously 18 AAC 50.502(c)(2)(B).
    \7\ 18 AAC 50.502(c)(1)(C).
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    Additionally, each applicant for a minor source permit in a special 
protection area was required to provide

[[Page 33557]]

a demonstration that the proposed potential SO2 emissions 
from the stationary source would not result in a violation of the 
state-adopted SO2 national ambient air quality standard 
(NAAQS).\8\ Finally, each source proposed to be constructed in a 
special protection area was ineligible for the Alaska DEC's streamlined 
minor source permitting process. This SIP-approved process provides the 
public with notice and an opportunity to request a public comment 
period, however, if no member of the public makes such a request, a 
full comment period is not held.\9\
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    \8\ Previously 18 AAC 50.540(c)(2)(C). This requirement was in 
addition to the requirement that all applications include a 
demonstration that the proposed source will not interfere with 
attainment or maintenance of the NAAQS for each air pollutant for 
which the source's PTE exceeded the minor source permitting 
threshold in 18 AAC 50.502(c)(1), (3) or (4). The latter requirement 
remains a part of Alaska's SIP.
    \9\ See 18 AAC 50.542.
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    Since 1997, there have been significant restrictions on sulfur in 
marine fuel. In 2010, the International Marine Organization (IMO) 
established emission standards for vessels operating in designated 
waters off the coast of North America.\10\ The North American Emissions 
Control Area (ECA) covers most coastal areas of the United States, 
including southeast Alaska and the Gulf of Alaska. Vessels operating in 
the area must burn low sulfur marine fuel, 1,000 ppm sulfur content 
(0.10% sulfur by weight). Notably, the North American ECA does not 
extend to Unalaska and St. Paul Island, however, as of January 1, 2020, 
the IMO limited sulfur in fuel for ships operating outside designated 
ECAs to 5,000 ppm sulfur content (0.50% sulfur by weight).\11\ This 
limit represents a substantial reduction from the prior IMO limit of 
35,000 ppm sulfur content (3.5% sulfur by weight).
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    \10\ MARPOL Annex VI is codified at 33 U.S.C. 1901 et seq. 
Pursuant to 33 U.S.C. 1907 it is unlawful to act in violation of the 
MARPOL Protocol.
    \11\ Fuel sulfur limits are codified at 40 CFR part 1043. See 84 
FR 69335, 69336 (Dec. 18, 2019).
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    As stated in the submission, the Alaska DEC's assessment is that 
most vessels transiting shipping routes near Unalaska and St. Paul 
Island are now burning 5,000 ppm sulfur content fuel or less, an 
estimated seven-fold decrease from the prior IMO limit of 35,000 ppm 
sulfur content fuel. Therefore, any associated emissions increase due 
to removal of the SO2 special protection area permit process 
requirements would be more than offset by the reduction in 
SO2 emissions from this change in the Federal sulfur content 
of fuel standards. The submission requested to remove the rule denoting 
the two sulfur dioxide special protection areas, 18 AAC 50.025(c), and 
associated cross-references to minor stationary source permitting 
rules, from the Alaska SIP.\12\
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    \12\ The rules that cross reference 18 AAC 50.025(c) are part of 
the minor source permitting program in Article 5 of 18 AAC 50, 
specifically: 18 AAC 50.502(c)(2)(B), 18 AAC 50.540(c)(2)(C), and 18 
AAC 50.542(a)(1)(B).
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    The EPA may approve a state's request to revise or remove a 
provision from the federally approved SIP as long as the SIP revision 
would not interfere with any applicable requirement concerning 
attainment of the NAAQS, reasonable further progress toward achieving 
those standards, or other applicable requirements of the Clean Air 
Act.\13\ We propose to approve the submitted changes for the following 
reasons. First, existing Federal sulfur content of fuel standards are 
adequate substitutes for the additional minor source permitting 
requirements in the SO2 special protection areas because the 
existing Federal standards will achieve equivalent or greater emissions 
reductions. The National Emissions Inventory (NEI) data presented in 
Table 1 of this preamble confirms that the commercial marine vessel 
sector is the largest sulfur dioxide-emitting sector in the census area 
that encompasses Unalaska and St. Paul Island.
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    \13\ Clean Air Act section 110(l), 42 U.S.C. 7410(l).
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    Second, the data in Table 1 of this preamble suggests that sulfur 
dioxide emissions from industrial fuel combustion in the census area is 
low. It is reasonable to conclude that the EPA's regulations limiting 
the sulfur content of marine diesel will greatly reduce emissions from 
the largest source of SO2 pollution.\14\ Alaska does not 
rely on these emission reductions for credit towards attainment, 
maintenance, or reasonable further progress purposes in this geographic 
area. We note, however, that it is difficult to evaluate NEI data for 
potential trends from year to year because the protocols for estimating 
emissions change over time. For example, between 2014 and 2017, the EPA 
significantly changed its protocol for estimating marine vessel 
emissions and as a result, commercial marine vessel emissions data for 
2017 is not directly comparable to prior years.\15\
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    \14\ See 84 FR 69335, 69336 (Dec. 18, 2019). 40 CFR 1043.60(b).
    \15\ See the EPA 2017 NEI technical support document at https://www.epa.gov/sites/default/files/2021-02/documents/nei2017_tsd_full_jan2021.pdf.
    \16\ Source: The EPA NEI website, downloaded November 14, 2022. 
Available at https://www.epa.gov/air-emissions-inventories/national-emissions-inventory-nei. 2020 NEI data not released as of the EPA's 
data pull.
    \17\ This table includes sectors with reported emissions greater 
than zero tons per year for at least one NEI year between 2008 and 
2017. For background on sectors, see page 2-1 of the EPA 2017 NEI 
technical support document at https://www.epa.gov/sites/default/files/2021-02/documents/nei2017_tsd_full_jan2021.pdf.
    \18\ NEI marine vessel emissions data for 2017 are not directly 
comparable to prior years because the EPA changed its protocol for 
estimating marine vessel emissions. See the EPA 2017 NEI technical 
support document at https://www.epa.gov/sites/default/files/2021-02/documents/nei2017_tsd_full_jan2021.pdf.

                         Table 1--Sulfur Dioxide Emissions in Aleutians West Census Area
                                              [Tons per year] \16\
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                         Sector \17\                              2008         2011         2014         2017
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Fuel Comb--Comm/Institutional--Oil..........................            4            4            3            1
Fuel Comb--Comm/Institutional--Other........................            0            1            1            0
Fuel Comb--Electric Generation--Oil.........................           51           15           11           15
Fuel Comb--Industrial Boilers, ICEs--Coal...................            0            0            0            1
Fuel Comb--Industrial Boilers, ICEs--Natural Gas............            0            0            0            1
Fuel Comb--Industrial Boilers, ICEs--Oil....................           36           14            1            1
Fuel Comb--Industrial Boilers, ICEs--Other..................            1            0            0            0
Fuel Comb--Residential--Oil.................................           24           17           12            0
Fuel Comb--Residential--Other...............................            0            1            0            0
Fuel Comb--Residential--Wood................................            0            0            0            1
Industrial Processes--Not Elsewhere Classified..............            2            0            0            0
Mobile--Aircraft............................................            1            1            3            3
Mobile--Commercial Marine Vessels...........................           41          116           71   \18\ 1,119
Mobile--Non-Road Equipment Diesel...........................            7            1            0            0

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Mobile--On-Road Diesel Heavy Duty Vehicles..................            2            0            0            0
Mobile--On-Road non-Diesel Light Duty Vehicles..............            2            0            0            0
                                                             ---------------------------------------------------
    Total...................................................          171          170          102        1,142
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    In addition, from 2007 through 2014, the EPA phased in ultra-low 
sulfur diesel fuel standards. After 2014, the EPA mandated that all 
nonroad locomotive and marine diesel fuel sold in the United States 
must be ultra-low sulfur diesel and all nonroad, locomotive, and marine 
engines and equipment in the United States must use this fuel.
    Lastly, Alaska's existing major and minor source permitting 
programs will continue to enable the Alaska DEC to manage the 
construction of new sources to ensure attainment and maintenance of the 
NAAQS. New major stationary sources are subject to Alaska's SIP-
approved major new source review and prevention of significant 
deterioration program.\19\ In 2010, the EPA established a new, more 
stringent 1-hour sulfur dioxide NAAQS.\20\ Alaska adopted the standard 
into the state air plan and therefore new and modified minor industrial 
sources may not construct if it would interfere with attainment or 
maintenance of the 2010 SO2 1-hour NAAQS, per 18 AAC 50.045 
and 18 AAC 50.542.
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    \19\ 18 AAC 50 Article 3. 18 AAC 50.040(h).
    \20\ The 2010 1-hour sulfur dioxide NAAQS is codified at 40 CFR 
50.17.
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    In addition, all new minor stationary sources with SO2 
PTE greater than 40 tons per year must obtain a permit prior to 
beginning actual construction.\21\ Similarly, portable oil and gas 
operations must obtain a minor source permit prior to beginning actual 
construction or relocation.\22\ Permit applicants for minor sources in 
the former SO2 special protection areas are required to 
include a demonstration that the proposed source will not interfere 
with attainment or maintenance of the NAAQS for each air pollutant for 
which the source's PTE exceeds the minor source permitting threshold in 
18 AAC 50.502(c)(1), (3) or (4).\23\ Finally, minor stationary sources 
are eligible for Alaska's fast track permitting procedures only if the 
source's predicted ambient air concentration does not exceed 80 percent 
of the adopted SO2 NAAQS based on a screening analysis.\24\
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    \21\ 18 AAC 50.502(c)(1)(C).
    \22\ 18 AAC 50.502(c)(2).
    \23\ 18 AAC 50.540(c)(2)(C).
    \24\ 18 AAC 50.542(b)(4).
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    In general, SIP changes of this nature must be evaluated for 
potential impacts on other criteria pollutants and associated NAAQS. 
However, this submitted change to the Alaska SIP addresses a provision 
that is limited to changes in potential SO2 emissions only. 
As specified in the SIP-approved Alaska minor source permitting 
regulations at 18 AAC 50.540(c)(2), any modeling required to comply 
with the SO2 special protection area provision in question 
would have been required to address potential changes in SO2 
emissions only. Therefore, we have not extended our non-interference 
analysis to other criteria pollutants and NAAQS. We propose to find 
that the repeal of the sulfur dioxide special protection areas will not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress or any other applicable requirement of the 
Clean Air Act.

III. Proposed Action

    The EPA is proposing to approve and incorporate by reference the 
ice fog and SO2 related regulatory changes submitted by 
Alaska on May 16, 2022.\25\ If finalized, the Alaska SIP will include 
the following regulations, state effective April 16, 2022:
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    \25\ The submission also updated the state's adoption by 
reference of Federal air quality standards and test methods at 18 
AAC 50.035 and 18 AAC 50.040. We are addressing these adoption 
updates in a separate action.
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     18 AAC 50.025 Visibility and other special protection 
areas (establishing geographic areas that may need additional pollution 
control because of special circumstances);
     18 AAC 50.502 Minor permits for air quality protection 
(establishing which types of stationary sources must obtain minor 
construction and/or operating permits);
     18 AAC 50.540 Minor permit: application (outlining the 
required contents of an application for a minor construction and/or 
operating permit); and
     18 AAC 50.542 Minor permit: review and issuance 
(establishing the process the state uses to review permit applications 
from sources, conduct public notice and comment, and issue permits).
    The EPA is also proposing to approve Alaska's request to remove the 
following regulation from incorporation by reference:
     18 AAC 50.080 Ice fog, state effective January 18, 1997 
(regulating water vapor emissions from industrial sources that may form 
ice fog).

IV. Environmental Justice Considerations

    To provide additional context and information to the public on 
potential environmental burdens and susceptible populations in 
underserved communities in the Unalaska and St. Paul Island areas, we 
conducted a screening-level analysis using the EPA's environmental 
justice (EJ) screening and mapping tool, EJSCREEN.\26\ We note, 
however, that this screening analysis does not serve as a basis for 
this proposed action. As detailed in section II. of this preamble, the 
EPA's proposed action is based on its determination that the SIP 
revisions submitted by the Alaska DEC meet Clean Air Act requirements.
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    \26\ EJSCREEN provides a nationally consistent dataset and 
approach for combining environmental and demographic indicators. 
EJSCREEN is available at https://www.epa.gov/ejscreen/what-ejscreen.
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    EJSCREEN includes 12 EJ indices, each of which combines demographic 
factors with a single environmental factor.\27\ EJSCREEN also includes 
a

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demographic index that combines low income, race and ethnicity data for 
an area.\28\ Additionally, there are individual socioeconomic and 
health indicators in EJSCREEN: unemployment; less than high school 
education; limited English speaking; low life expectancy; under age 5; 
over age 64; asthma; and medically underserved.\29\
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    \27\ The 12 EJ indices in EJSCREEN are: fine particulate matter 
(annual average of fine particulate matter in ambient air); ozone 
(summer seasonal ozone averages); diesel particulate matter (diesel 
particulate matter level in air); air toxics cancer risk (lifetime 
cancer risk of inhalation of air toxics); air toxics respiratory 
hazard index; traffic proximity (count of vehicles per day at major 
roads divided by distance); lead paint (housing built before 1960, 
as index of potential exposure to lead paint); superfund proximity 
(count of proposed and listed Superfund national priority list sites 
divided by distance); risk management plan facility proximity (count 
of risk management plan facilities divided by distance); hazardous 
waste proximity (count of waste transfer, storage and disposal 
facilities and large quantity generators divided by distance); 
underground storage tanks (count of leaking underground storage 
tanks and tanks within a buffered block group); wastewater discharge 
(risk screening environmental indicators modeled toxic 
concentrations at stream segments divided by distance).
    \28\ The demographic index in EJSCREEN combines the average of 
the number of individuals whose household income is less than twice 
the poverty level and the number of individuals who list their 
racial status as a race other than white alone and/or list their 
ethnicity as Hispanic or Latino.
    \29\ The unemployment indicator is based on the number of 
individuals who did not have a job at all during the reporting 
period made at least one specific active effort to find a job during 
the prior 4 weeks, and were available for work (unless temporarily 
ill). The less than high school education indicator is based on the 
number of individuals age 25 and older with less than a high school 
degree. The limited English speaking indicator is based on the 
percent of households in which all members age 14 years and over 
speak a non-English language and also speak English less than `very 
well'. The low life expectancy indicator is based on the average 
life expectancy ranked as percentiles. The under age 5 indicator is 
based on the percent of individuals under age 5. The over age 64 
indicator is based on the percent of individuals over age 64. The 
asthma indicator is based on the percent of individuals with asthma. 
The medically underserved indicator is based on areas designated as 
have too few primary care providers, high infant mortality, high 
poverty or a high elderly population.
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    We ran EJSCREEN reports for the Unalaska and St. Paul Island areas 
and placed the reports in the docket for this action. The results of 
these analyses, described in the following paragraphs, are being 
provided for informational and transparency purposes, only. There are 
important caveats and uncertainties that apply to these reports and 
this screening-level information. Please see the EJSCREEN technical 
documentation for more discussion on the limitations of this 
information.\30\ We note that four of the EJ indices are not available 
for the geographic areas addressed in this action (Unalaska and St. 
Paul Island) and therefore, we reviewed the eight remaining EJ 
indices.\31\
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    \30\ U.S. Environmental Protection Agency (EPA), 2022. EJSCREEN 
Technical Documentation.
    \31\ The four EJ indices not available for Unalaska and St. Paul 
Island are: fine particulate matter, ozone, traffic proximity, and 
wastewater discharge. The eight EJ indices available for Unalaska 
and St. Paul Island are: diesel particulate matter, air toxics 
cancer risk, air toxics respiratory hazard index, lead paint, 
superfund proximity, risk management plan facility proximity, 
hazardous waste proximity, and underground storage tanks.
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    The EPA has determined that the use of an initial data filter in 
EJSCREEN promotes consistency and provides a pragmatic first step for 
EPA programs and regions when interpreting screening results. For early 
applications of EJSCREEN, the EPA has identified the 80th percentile 
filter as that initial starting point. For more information on 
percentiles, please see the EJSCREEN technical documentation.\32\ For 
the Unalaska area, there are two EJ indices above the 80th percentile: 
lead paint (90th state percentile); and risk management plan facility 
proximity (92nd state percentile and 84th U.S. percentile). The 
demographic index for Unalaska is also at the 80th state percentile. 
Most of Alaska, including Unalaska and St. Paul Island, is considered 
medically underserved.\33\ For the St. Paul Island area, there are 
three EJ indices above the 80th percentile: lead paint (92nd state 
percentile); superfund proximity (94th state percentile and 86th U.S. 
percentile); and risk management plan facility proximity (91st state 
percentile and 80th U.S. percentile). The demographic index for St. 
Paul Island is also above the 80th percentile (86th state percentile 
and 79th U.S. percentile). Other indicators above the 80th percentile 
for St. Paul Island include: people of color (87th state percentile and 
81st U.S. percentile); and limited English speaking (86th state 
percentile).
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    \32\ U.S. Environmental Protection Agency (EPA), 2022. EJSCREEN 
Technical Documentation.
    \33\ The medically underserved indicator is based on areas 
designated as having too few primary care providers, high infant 
mortality, high poverty or a high elderly population.
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    The Clean Air Act requires action on this Alaska SIP submission, 
including the submitted regulatory changes related to sulfur dioxide 
emissions. The EPA expects that any changes in emissions resulting from 
this action will be neutral or reduced. Additionally, the EPA expects 
that this proposed action will contribute to neutral or reduced 
environmental and health impacts on all populations in Unalaska and St. 
Paul Island, including people of color and lower income populations. At 
a minimum, this action is not expected to worsen existing air quality 
nor contribute to potential violations of the SO2 NAAQS. 
More information on sulfur dioxide and its relationship to negative 
health impacts can be found at https://www.epa.gov/so2-pollution.

V. Tribal Consultation

    The Qawalangin Tribe of Unalaska is located in the Unalaska area 
and the Pribilof Islands Aleut Community of St. Paul is located on the 
Island of St. Paul. Consistent with EPA policy, the EPA offered the 
Qawalangin Tribe of Unalaska and the Aleut Community of St. Paul Island 
the opportunity to consult on a government to government basis prior to 
this proposed action in letters dated March 14, 2023. We received no 
consultation or coordination requests prior to this proposed action.

VI. Incorporation by Reference

    In this document, the EPA is proposing to include in a final rule, 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the provisions described in section III. of this preamble. 
The EPA is also proposing to remove from incorporation by reference 18 
AAC 50.080 Ice fog (regulating water vapor emissions that may form ice 
fog), state effective January 18, 1997.
    The EPA has made, and will continue to make, these documents 
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).

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act, the EPA Administrator is required to 
approve a SIP submission that complies with the provisions of the Clean 
Air 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 
Clean Air act. Accordingly, this proposed 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 
proposed 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);

[[Page 33560]]

     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); and
     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 the requirements would be inconsistent 
with the Clean Air Act.
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The air agency did not evaluate environmental justice 
considerations as part of its SIP submittal; the Clean Air Act and 
applicable implementing regulations neither prohibit nor require such 
an evaluation. The EPA performed an environmental justice analysis, as 
is described in section IV. of this preamble titled, ``Environmental 
Justice Considerations.'' The analysis was done for the purpose of 
providing additional context and information about this rulemaking to 
the public, not as a basis of the action. This action is expected to 
have a neutral to positive impact on the air quality of the affected 
area. In addition, there is no information in the record upon which 
this decision is based inconsistent with the stated goal of Executive 
Order 12898 of achieving environmental justice for people of color, 
low-income populations, and Indigenous peoples.
    This proposed rulemaking would not 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 proposed rulemaking does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
Consistent with EPA policy, the EPA provided an opportunity to request 
consultation. Please see section V. of this preamble titled, ``Tribal 
Consultation.''

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, and Volatile organic compounds.

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

    Dated: May 17, 2023.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2023-10955 Filed 5-23-23; 8:45 am]
 BILLING CODE 6560-50-P


