Rule2023-05461
Air Plan Approval; AK; Adoption and Permitting Rule Updates
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 22, 2023
Effective
April 21, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving revisions to the Alaska State Implementation Plan submitted on May 16, 2022, and August 11, 2022. The revisions update Alaska's adoption by reference date for Federal regulations relied upon for implementation of the air program, including permitting requirements and air pollution test methods. The revisions also add procedures for electronic submission of documents for air permits and other authorizations, update air permitting and emission fees, add additional clarifying language to the fee provisions, and specify emissions inventory reporting requirements. The EPA has determined that the submitted revisions are consistent with Clean Air Act requirements.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 55 (Wednesday, March 22, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Rules and Regulations]
[Pages 17159-17161]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05461]
[[Page 17159]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2022-0721, FRL-10452-02-R10]
Air Plan Approval; AK; Adoption and Permitting Rule Updates
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Alaska State Implementation Plan submitted on May 16,
2022, and August 11, 2022. The revisions update Alaska's adoption by
reference date for Federal regulations relied upon for implementation
of the air program, including permitting requirements and air pollution
test methods. The revisions also add procedures for electronic
submission of documents for air permits and other authorizations,
update air permitting and emission fees, add additional clarifying
language to the fee provisions, and specify emissions inventory
reporting requirements. The EPA has determined that the submitted
revisions are consistent with Clean Air Act requirements.
DATES: This final rule is effective April 21, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2022-0721. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth
Avenue (Suite 155), Seattle, WA 98101, at (206) 553-6357, or
<a href="/cdn-cgi/l/email-protection#2c445942580246494a4a6c495c4d024b435a"><span class="__cf_email__" data-cfemail="28405d465c06424d4e4e684d5849064f475e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or
``our'' is used, it is intended to refer to the EPA.
Table of Contents
I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background
Each state has a SIP containing the control measures and strategies
to attain and maintain the national ambient air quality standards
(NAAQS). Alaska establishes state air quality regulations in Alaska
Administrative Code Title 18 Environmental Conservation, Chapter 50 Air
Quality Control (18 AAC 50) and submits these regulations for EPA
approval and incorporation by reference into the Alaska SIP in the Code
of Federal Regulations (CFR) at 40 CFR part 52, subpart C.
On May 16, 2022, and August 11, 2022, Alaska submitted revisions to
the SIP and the EPA proposed to approve the changes on January 18, 2023
(88 FR 2873).\1\ The reasons for approval are included in the proposed
action and will not be restated here. The public comment period for the
proposed action closed on February 17, 2023, and we received one
comment in support of the action. Therefore, we are finalizing the
action as proposed.
---------------------------------------------------------------------------
\1\ Alaska's May 16, 2022, submittal also included revisions
regarding ice fog and sulfur dioxide special protection areas, which
are outside the scope of this action and will be addressed in a
separate, future rulemaking.
---------------------------------------------------------------------------
II. Final Action
The EPA is approving, and incorporating by reference, certain
revisions to the Alaska SIP, submitted on May 16, 2022, and August 11,
2022, as being consistent with Clean Air Act section 110 and part C and
D requirements for the permitting of major stationary sources. Upon the
effective date of this final action, the Alaska SIP will include the
following regulations:
<bullet> 18 AAC 50.035 Documents, Procedures and Methods Adopted by
Reference, except (a)(6), (a)(9), and (b)(4), state effective April 16,
2022, which adopts by reference certain Federal test procedures and
methods for determining compliance with the NAAQS;
<bullet> 18 AAC 50.040 Federal Standards Adopted by Reference,
except (a), (b), (c), (d), (e), (g), (j) and (k), state effective April
16, 2022, which adopts by reference certain Federal regulations for the
permitting of new or modified major stationary sources;
<bullet> 18 AAC 50.270 Electronic Submission Requirements, state
effective September 7, 2022, which establishes requirements and
procedures for the electronic submission of permitting forms and other
documents;
<bullet> 18 AAC 50.275 Consistency of Reporting Methodologies,
state effective September 7, 2022, requiring consistent methodology in
reporting air emissions;
<bullet> 18 AAC 50.400 Permit Administration Fees, except (a), (b),
(c), and (i), state effective September 7, 2022, which establishes
permit administration fees, compliance fees, and air quality emission
fees.
III. Incorporation by Reference
In this document, the EPA is finalizing regulatory text in an EPA
final rule that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of the regulations described in section II of this preamble.
The EPA has made, and will continue to make, these materials generally
available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
CAA as of the effective date of the final rule of the EPA's approval,
and will be incorporated by reference by the Director of the Federal
Register in the next update to the SIP compilation.\2\
---------------------------------------------------------------------------
\2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
[[Page 17160]]
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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 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 did not perform an EJ analysis and did not
consider EJ in this action. Due to the nature of this action, it is
expected to have a neutral to positive impact on the air quality of the
affected area. Consideration of EJ is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal of E.O. 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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House 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 May 22, 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: March 13, 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 entries for ``18 AAC 50.035'', and ``18 AAC 50.040'';
0
b. Adding under the table heading ``18 AAC 50--Article 2. Program
Administration'' entries for ``18 AAC 50.270'' and ``18 AAC 50.275''
immediately after the entry for ``18 AAC 50.260''; and
0
c. Revising the entry for ``18 AAC 50.400''.
The revisions and additions read as follows:
Sec. 52.70 Identification of plan.
* * * * *
(c) * * *
Table 1 to Paragraph (c)--EPA-Approved Alaska Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50--Air Quality Control (18 AAC 50)
18 AAC 50--Article 1. Ambient Air Quality Management
----------------------------------------------------------------------------------------------------------------
* * * * * * *
18 AAC 50.035................. Documents, 4/16/2022 3/22/2023, [INSERT Except (a)(6),
Procedures, and FEDERAL REGISTER (a)(9), and (b)(4).
Methods Adopted by CITATION].
Reference.
18 AAC 50.040................. Federal Standards 4/16/2022 3/22/2023, [INSERT Except (a), (b),
Adopted by FEDERAL REGISTER (c), (d), (e), (g),
Reference. CITATION]. (j) and (k).
[[Page 17161]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
18 AAC 50--Article 2. Program Administration
----------------------------------------------------------------------------------------------------------------
* * * * * * *
18 AAC 50.270................. Electronic 9/7/2022 3/22/2023, [INSERT ....................
Submission FEDERAL REGISTER
Requirements. CITATION].
18 AAC 50.275................. Consistency of 9/7/2022 3/22/2023, [INSERT ....................
Reporting FEDERAL REGISTER
Methodologies. CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
18 AAC 50--Article 4. User Fees
----------------------------------------------------------------------------------------------------------------
18 AAC 50.400................. Permit 9/7/2022 3/22/2023, [INSERT Except (a), (b),
Administration Fees. FEDERAL REGISTER (c), and (i).
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-05461 Filed 3-21-23; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 22, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.