Rule2023-16796
Air Plan Approval; AK; Revisions to Ice Fog and Sulfur Dioxide Regulations
Primary source
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Published
August 9, 2023
Effective
September 8, 2023
Issuing agencies
Environmental Protection Agency
Abstract
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 In the submission, Alaska revised and repealed State regulations originally put in place to limit water vapor emissions that may contribute to ice fog and to address the use of high-sulfur marine fuels near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 The State requested that the SIP be updated to reflect the revised and repealed State regulations.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.
Full Text
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<title>Federal Register, Volume 88 Issue 152 (Wednesday, August 9, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 In the submission, Alaska revised and repealed State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 <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: Kristin Hall (15-H13), EPA Region 10,
1200 Sixth Avenue (Suite 155), Seattle, WA 98101, (206) 553-6357,
<a href="/cdn-cgi/l/email-protection#c2aaa3aeaeeca9b0abb1b6abac82a7b2a3eca5adb4"><span class="__cf_email__" data-cfemail="ef878e8383c1849d869c9b8681af8a9f8ec1888099">[email protected]</span></a>.
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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<bullet> 18 AAC 50.025 Visibility and other special protection
areas (establishing geographic areas that may need additional pollution
control because of special circumstances);
<bullet> 18 AAC 50.502 Minor permits for air quality protection
(establishing which types of stationary sources must obtain minor
construction and/or operating permits);
<bullet> 18 AAC 50.540 Minor permit: application (outlining the
required contents of an application for a minor construction and/or
operating permit); and
<bullet> 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:
<bullet> 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 <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
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:
<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 14094 (88 FR 21879, April 11, 2023);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<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 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.
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(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
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