Approval and Promulgation of State Implementation Plans; Alaska: Regional Haze Progress Report
Federal Register, Volume 83 Issue 71 (Thursday, April 12, 2018)
Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)
Rules and Regulations
Pages 15746-15748
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2018-07520
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ENVIRONMENTAL PROTECTION AGENCY
EPA-R10-OAR-2016-0749; FRL-9976-71--Region 10
Approval and Promulgation of State Implementation Plans; Alaska: Regional Haze Progress Report
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 regional haze State Implementation Plan (SIP), submitted by the State of Alaska on March 10, 2016. Alaska submitted its Regional Haze Progress Report (``progress report'' or ``report'') and a negative declaration stating that further revision of the existing regional haze SIP is not needed at this time. Alaska submitted both the progress report and the negative declaration in the form of implementation plan revisions as required by federal regulations. The progress report addresses the federal Regional Haze Rule requirements under the Clean Air Act to submit a report describing progress in achieving reasonable progress goals established for regional haze and a determination of the adequacy of the state's existing plan addressing regional haze. We are also approving minor updates to the Enhanced Smoke Management Plan, Long-Term Strategy, and Commitment to Future 308 Plan Revision sections of the regional haze SIP, submitted concurrently with the progress report.
DATES: This final rule is effective May 14, 2018.
ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2016-0749. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information may not be publicly available, i.e., 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 is publicly available only in hard copy form. Publicly available docket materials are available at https://www.regulations.gov and at EPA Region 10, Office of Air and Waste, 1200 Sixth Avenue, Seattle, Washington 98101. The EPA requests that you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt, Air Planning Unit, Office of Air and Waste (OAW-150), EPA Region 10, 1200 Sixth Ave Suite 900, Seattle, WA 98101; telephone number: (206) 553-0256; email address: email protected.
SUPPLEMENTARY INFORMATION:
Table of Contents
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Background Information
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Final Action
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Statutory and Executive Orders Review
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Background Information
On February 16, 2018, the EPA proposed to approve Alaska's Regional Haze Progress Report, as well as minor updates to the Enhanced Smoke Management Plan, Long-Term Strategy, and Commitment to Future 308 Plan Revision sections of the regional haze SIP, submitted concurrently with the progress report (83 FR 7002). An explanation of the Clean Air Act requirements, a detailed analysis of the submittal, and the EPA's reasons for proposing approval were provided in the notice of proposed rulemaking, and will not be restated here. The public comment period for the proposal ended March 19, 2018. We received no adverse comments.\1\
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\1\ We received two comments in support of the proposed approval. We also received five comments that were not germane to the regional haze program or the Alaska submission. See ``AK RH 5 year progress_Memo to File reComment'' included in the docket for this action.
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Final Action
The EPA is approving the Alaska Regional Haze Progress Report submitted on March 10, 2016, as meeting the applicable requirements of the Clean Air Act and the federal Regional Haze Rule, as set forth in 40 CFR 51.308(g). The EPA has determined that the existing regional haze SIP is adequate to meet the state's visibility goals and requires no substantive revision at this time, as set forth in 40 CFR 51.308(h). We have also determined that Alaska fulfilled the requirements in 40 CFR 51.308(i) regarding state coordination with Federal Land Managers. Lastly, we are approving updates to the Enhanced Smoke Management Plan, Long-Term Strategy, and Commitment to Future 308 Plan Revision sections of the regional haze SIP, submitted concurrently with the Alaska Regional Haze Progress Report.
Page 15747
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Statutory and Executive Orders Review
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 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 actions such as 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);
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 this action does not involve technical standards; 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 and is also not approved to apply 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 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 June 11, 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 3, 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
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The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Alaska
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In Sec. 52.70, the table in paragraph (e) is amended by revising the entries for ``II.III.K. Area Wide Pollutant Control Program for Regional Haze'' and ``III.III.K. Area Wide Pollutant Control Program for Regional Haze'' to read as follows:
Sec. 52.70 Identification of plan.
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(e) * * *
EPA-Approved Alaska Nonregulatory Provisions and Quasi-Regulatory Measures
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Applicable
Name of SIP provision geographic or State EPA approval date Explanations
nonattainment area submittal date
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State of Alaska Air Quality Control Plan: Volume II. Analysis of Problems, Control Actions
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Section III. Areawide Pollutant Control Program
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II.III.K. Area Wide Pollutant Statewide......... 3/10/2016 4/12/2018,........ .......................
Control Program for Regional Insert Federal
Haze. Register
citation.
Page 15748
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State of Alaska Air Quality Control Plan: Volume III. Appendices
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Section III. Areawide Pollutant Control Program
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III.III.K. Area Wide Pollutant Statewide......... 3/10/2016 4/12/2018,........ .......................
Control Program for Regional Insert Federal
Haze. Register
citation.
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FR Doc. 2018-07520 Filed 4-11-18; 8:45 am
BILLING CODE 6560-50-P
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