
[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53793-53795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16796]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2022-0893, FRL-10419-02-R10]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 In the submission, Alaska revised and repealed State 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 obsolete due to technology 
improvements and regulatory changes, including Federal sulfur content 
in fuel restrictions. The State requested that the SIP be updated to 
reflect the revised and repealed State regulations. We have determined 
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: This final rule is effective September 8, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2022-0893. 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: Kristin Hall (15-H13), EPA Region 10, 
1200 Sixth Avenue (Suite 155), Seattle, WA 98101, (206) 553-6357, 
[email protected].

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

Table of Contents

I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background

    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.\1\ On 
May 24, 2023, we proposed to approve the submission (88 FR 33555). The 
reasons for our proposed approval are included in the proposal and will 
not be restated here. The public comment period closed on June 23, 
2023. We received no comments on our proposed action and therefore we 
are finalizing our action as proposed.
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    \1\ The submission also updated the State's adoption by 
reference of Federal air quality standards and test methods codified 
at 18 Alaska Administrative Code (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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[[Page 53794]]

II. Final Action

    The EPA is approving and incorporating by reference the ice fog and 
sulfur dioxide related regulatory changes submitted by Alaska on May 
16, 2022.\2\ Upon the effective date of this action, the Alaska SIP 
will include the following regulations, State effective April 16, 2022:
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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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     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 approving 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).

III. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, we are finalizing the incorporation by reference of the 
Alaska regulatory provisions described in section II of this preamble 
and set forth in the amendments to 40 CFR part 52 in this document. The 
EPA has made, and will continue to make, these materials reasonably 
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 the EPA for inclusion 
in the SIP, have been incorporated by reference by the EPA into that 
plan, are fully federally enforceable under sections 110 and 113 of the 
Clean Air Act as of the effective date of the final rule of the EPA's 
approval, and will be incorporated by reference in the next update to 
the SIP compilation.\3\
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    \3\ 62 FR 27968 (May 22, 1997).
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    The EPA is also finalizing the removal of 18 AAC 50.080 Ice fog, 
State effective January 18, 1997, as described in section II of this 
preamble, from the Alaska SIP, which is incorporated by reference under 
1 CFR part 51.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the 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 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 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     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 those 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 State air agency did not evaluate environmental justice 
considerations as part of its SIP submission; the Clean Air Act and 
applicable implementing regulations neither prohibit nor require such 
an evaluation. Consistent with the EPA's discretion under the Clean Air 
Act, the EPA evaluated environmental justice considerations as 
described in our proposed action on May 24, 2023 (88 FR 33555). Due to 
the nature of the action being taken here, 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 inconsistent 
with the stated goal of Executive Order 12898 of achieving 
environmental justice for people of color, low-income populations, and 
Indigenous peoples.
    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 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). 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 action in letters dated March 14, 2023. We received no 
consultation or coordination requests prior to this action.
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House

[[Page 53795]]

of the Congress and to the Comptroller General of the United States. 
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 October 10, 2023. 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: August 1, 2023.
Casey Sixkiller,
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, paragraph (c), table 1 is amended by:
0
a. Revising the entry ``18 AAC 50.025'';
0
b. Removing the entry ``18 AAC 50.080''; and
0
c. Revising the entries ``18 AAC 50.502'', ``18 AAC 50.540'', and ``18 
AAC 50.542''.
    The revisions read as follows:


Sec.  52.70  Identification of plan.

* * * * *
    (c) * * *

                            Table 1 to paragraph (c)--EPA-Approved Alaska Regulations
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                                                               State
           State citation                Title/subject       effective     EPA approval         Explanations
                                                                date           date
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                                                  * * * * * * *
                              18 AAC 50--Article 1. Ambient Air Quality Management
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                                                  * * * * * * *
18 AAC 50.025......................  Visibility and Other     5/16/2022  8/9/2023,         .....................
                                      Special Protection                  [INSERT Federal
                                      Areas.                              Register
                                                                          CITATION]..
 
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                                                  * * * * * * *
                                       18 AAC 50--Article 5. Minor Permits
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18 AAC 50.502......................  Minor Permits for Air    5/16/2022  8/9/2023,         .....................
                                      Quality Protection.                 [INSERT Federal
                                                                          Register
                                                                          CITATION].
 
                                                  * * * * * * *
18 AAC 50.540......................  Minor Permit:            5/16/2022  8/9/2023,         .....................
                                      Application.                        [INSERT Federal
                                                                          Register
                                                                          CITATION].
18 AAC 50.542......................  Minor Permit: Review     5/16/2022  8/9/2023,         .....................
                                      and Issuance.                       [INSERT Federal
                                                                          Register
                                                                          CITATION].
 
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[FR Doc. 2023-16796 Filed 8-8-23; 8:45 am]
BILLING CODE 6560-50-P


