Rule2026-02478
Air Plan Approval; AK; Updates to Materials Incorporated by Reference
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
February 9, 2026
Effective
February 9, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Alaska State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by the State of Alaska and approved by the EPA. This update affects the materials that are available for public inspection at the EPA Regional Office and the National Archives and Records Administration.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 26 (Monday, February 9, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 26 (Monday, February 9, 2026)]
[Rules and Regulations]
[Pages 5686-5688]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02478]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2025-3357; FRL-13106-01-R10]
Air Plan Approval; AK; Updates to Materials Incorporated by
Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; administrative change.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is updating the
materials that are incorporated by reference (IBR) into the Alaska
State Implementation Plan (SIP). The regulations affected by this
update have been previously submitted by the State of Alaska and
approved by the EPA. This update affects the materials that are
available for public inspection at the EPA Regional Office and the
National Archives and Records Administration.
DATES: This action is effective February 9, 2026.
ADDRESSES: The SIP materials for which incorporation by reference into
40 Code of Federal Regulations (CFR) part 52 is finalized through this
action are available for inspection at the following locations:
Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Suite
155, Seattle, WA 98101; and <a href="http://Regulations.gov">Regulations.gov</a>. To view the materials at
the Region 10 Office, the EPA requests that you email the contact
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 a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Kristin Hall, EPA Region 10, 1200
Sixth Avenue--Suite 155, Seattle, WA 98101, at (206) 553-6357, or
<a href="/cdn-cgi/l/email-protection#8be3eae7e7a5e0f9e2f8ffe2e5cbeefbeaa5ece4fd"><span class="__cf_email__" data-cfemail="86eee7eaeaa8edf4eff5f2efe8c6e3f6e7a8e1e9f0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Each State has a SIP containing the control measures and strategies
used to attain and maintain the national ambient air quality standards
(NAAQS). The SIP is extensive, containing such elements as air
pollution control regulations, emission inventories, monitoring
networks, attainment demonstrations, and enforcement mechanisms.
Each State must formally adopt the control measures and strategies
in the SIP after the public has had an opportunity to comment on them
and then submit the proposed SIP revisions to the EPA. Once these
control measures and strategies are approved by the EPA, and after
notice and comment, they are incorporated into the federally approved
SIP and are identified in part 52, ``Approval and Promulgation of
Implementation Plans,'' of title 40 of the Code of Federal Regulations
(40 CFR part 52). The full text of the State regulation approved by the
EPA is not reproduced in its entirety in 40 CFR part 52 but is
``incorporated by reference.'' This means that the EPA has approved a
given State provision or specified changes to the given provision with
a specific effective date. The public is referred to the location of
the full text version should they want to know which measures are
contained in a given SIP. The information provided allows the EPA and
the public to monitor the extent to which a State implements a SIP to
attain and maintain the NAAQS and to take enforcement action for
violations of the SIP.
The SIP is a living document which the State can revise as
necessary to address the unique air pollution problems in the State.
Therefore, the EPA from time to time must take action on proposed
revisions containing new or revised State regulations. A submission
from a State can revise one or more rules in their entirety, or
portions of rules. The State indicates the changes in the submission
(such as by using redline/strikethrough text) and the EPA then takes
action on the requested changes. The EPA establishes a docket for its
actions using a unique Docket Identification Number, which is listed in
each action. These dockets and the complete submission are available
for viewing on <a href="http://www.regulations.gov">www.regulations.gov</a>.
On May 22, 1997 (62 FR 27968), the EPA revised the procedures for
incorporating by reference, into the CFR, materials approved by the EPA
into each SIP. These changes revised the format for the identification
of the SIP in 40 CFR part 52, streamlined the mechanisms for announcing
the EPA approval of revisions to a SIP, and streamlined the mechanisms
for the EPA's updating of the IBR information contained for each SIP in
40 CFR part 52. The revised procedures also called for the EPA to
maintain ``SIP Compilations'' that contain the federally approved
regulations and source-
[[Page 5687]]
specific permits submitted by each State agency.
The EPA generally updates these SIP Compilations every few years.
Under the revised procedures, the EPA must periodically publish an
informational document in the rules section of the Federal Register
notifying the public that updates have been made to a SIP Compilation
for a particular State. The EPA began applying the 1997 revised
procedures to the Alaska SIP on April 10, 2014 (79 FR 19820). The EPA
subsequently published updates to the IBR materials for Alaska on
December 8, 2017 (82 FR 57836), December 12, 2022 (87 FR 75932), and
January 17, 2025 (90 FR 5678).
A. Approved and Incorporated by Reference Regulatory Materials
Since the last IBR update, the EPA approved and incorporated by
reference regulatory materials into the Alaska SIP at 40 CFR 52.70 in
an action on November 18, 2025 (90 FR 51529):
1. 40 CFR 52.70(c) EPA approved laws and regulations.
a. 18 AAC 50.055 (industrial processes and fuel-burning equipment
requirements), except (d)(2)(B), State effective December 8, 2024.
b. 18 AAC 50.076 (solid fuel-fired heating device fuel
requirements; registration of commercial wood sellers), except (g)(11),
State effective December 8, 2024.
c. 18 AAC 50.077 (standards for wood fired heating devices), except
(g), State effective December 8, 2024.
d. 18 AAC 50.078 (additional control measures for a serious
PM<INF>2.5</INF> nonattainment area), except (c), State effective
December 8, 2024.
e. 18 AAC 50.079 (provisions for coal-fired heating devices), State
effective December 8, 2024.
2. 40 CFR 52.70(d) EPA approved state source-specific requirements.
a. Minor Permit AQ1121MSS04 Rev. 1, Title Page, Table of Contents,
List of Abbreviations and Acronyms, Section 1, Section 3, Section 4,
and Section 6, only, (Doyon Utilities, LLC--Fort Wainwright (Privatized
Emission Units)), State effective October 31, 2024.
b. Minor Permit AQ0236MSS03 Rev. 2, Title Page, Table of Contents,
List of Abbreviations and Acronyms, Section 1, Section 3, Section 4,
and Section 6, only (U.S. Army Garrison Fort Wainwright), State
effective October 28, 2024.
c. Minor Permit AQ0110MSS01 Rev. 1, Title Page, Table of Contents,
List of Abbreviations and Acronyms, Section 1, Section 3, Section 4,
and Section 6, only, (Golden Valley Electric Association, North Pole
Power Plant), State effective October 30, 2024.
d. Minor Permit AQ0109MSS01 Rev. 2, Title Page, Table of Contents,
List of Abbreviations and Acronyms, Section 1, Section 3, Section 4,
and Section 6, only, (Golden Valley Electric Association, Zehnder
Facility), State effective October 28, 2024.
e. Minor Permit AQ0315MSS02 Revision 1, Title Page, Table of
Contents, List of Abbreviations and Acronyms, Section 1, Section 3,
Section 4, and Section 6, only, (Aurora Energy LLC, Chena Power Plant),
State effective October 28, 2024.
f. Minor Permit AQ0316MSS08 Revision 1, Title Page, Table of
Contents, List of Abbreviations and Acronyms, Section 1, Section 3,
Section 4, and Section 6, only, (University of Alaska Fairbanks,
University of Alaska Fairbanks Campus), State effective October 31,
2024.
II. EPA Action
In this action, the EPA is providing notification of an update to
the materials incorporated by reference into the Alaska SIP as of
November 21, 2025, and identified in 40 CFR 52.70(c) and 40 CFR
52.70(d). This update includes SIP materials submitted by Alaska and
approved by the EPA since the last IBR update. See 90 FR 5678 (January
17, 2025).
III. Good Cause Exemption
The EPA has determined that this action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation and section 553(d)(3)
which allows an agency to make an action effective immediately (thereby
avoiding the 30-day delayed effective date otherwise provided for in
the APA). This administrative action simply codifies provisions which
are already in effect as a matter of law in Federal and approved State
programs, makes corrections and clarifying changes to the tables in the
CFR, and makes ministerial changes to the prefatory heading to the
tables in the CFR. Under section 553 of the APA, an agency may find
good cause where procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Public comment for this
administrative action is ``unnecessary'' and ``contrary to the public
interest'' since the codification (and corrections) only reflect
existing law. Immediate notice of this action in the Federal Register
benefits the public by providing the public notification of the updated
Alaska SIP Compilation and notification of corrections to the Alaska
``Identification of Plan'' portion of the CFR. Further, pursuant to
section 553(d)(3), making this action immediately effective benefits
the public by immediately updating both the SIP Compilation and the CFR
``Identification of plan'' section (which includes table entry
corrections).
IV. 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, the EPA is finalizing the incorporation by reference of
regulatory provisions promulgated by Alaska, previously approved by the
EPA and federally effective before November 21, 2025, contained in 40
CFR 52.70(c), EPA approved laws and regulations, and 40 CFR 52.70(d),
EPA approved state source-specific requirements, described in section
II. of this preamble. The EPA has made, and will continue to make,
these materials generally available through <a href="http://Regulations.gov">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).
V. Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the CAA
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:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<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
[[Page 5688]]
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 CAA.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where 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 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).
The EPA also believes that the provisions of section 307(b)(1) of
the CAA pertaining to petitions for judicial review are not applicable
to this action. This is because prior EPA rulemaking actions for each
individual component of the Alaska SIP Compilation previously afforded
interested parties the opportunity to file a petition for judicial
review in the United States Court of Appeals for the appropriate
circuit within 60 days of such rulemaking action. Thus, the EPA
believes judicial review of this action under section 307(b)(1) is not
available.
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: January 23, 2026.
Emma Pokon,
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. Amend Sec. 52.70 by revising paragraph (b) to read as follows:
Sec. 52.70 Identification of plan.
* * * * *
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to November
21, 2025, was approved for incorporation by reference by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Material is incorporated as it exists on the date of the
approval and notification of any change in the material will be
published in the Federal Register. Entries in paragraphs (c) and (d) of
this section with EPA approval dates after November 21, 2025, will be
incorporated by reference in the next update to the SIP compilation.
(2) EPA Region 10 certifies that the rules/regulations provided by
the EPA in the SIP compilation at the addresses in paragraph (b)(3) of
this section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
Implementation Plan as of the dates referenced in paragraph (b)(1) of
this section.
(3) Copies of the materials incorporated by reference may be
inspected at the Region 10 EPA Office at 1200 Sixth Avenue, Suite 155,
Seattle, WA 98101. To obtain the material, please call (206) 553-6357.
You may inspect the material with an EPA approval date prior to
November 21, 2025, for Alaska at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA email <a href="/cdn-cgi/l/email-protection#94f2f1f0e6f1f3baf8f1f3f5f8d4faf5e6f5baf3fbe2"><span class="__cf_email__" data-cfemail="8bedeeeff9eeeca5e7eeeceae7cbe5eaf9eaa5ece4fd">[email protected]</span></a> or go to <a href="https://www.archives.gov/federal-register/cfr/ibr-locations">https://www.archives.gov/federal-register/cfr/ibr-locations</a>.
* * * * *
[FR Doc. 2026-02478 Filed 2-6-26; 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 February 9, 2026.
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.