832 Federal Register / Vol. 80, No. 4 / Wednesday, January 7, 2015 / Rules and Regulations 

(6) Vessel Movement Reporting 

System (VMRS) users are prohibited 

from meeting or overtaking other vessels 

when transiting alongside an active 

work area where dredging and drilling 

equipment are being operated. 

(c) Effective and enforcement period. 

This regulation is effective and 

enforceable 24 hours a day from 12:01 

a.m. on December 2, 2014 until 11:59 

p.m. on October 31, 2018. 

(d) Notification. The Coast Guard will 

rely on the methods described in 33 

CFR 165.7 to notify the public of the 

time and duration of any closure of the 

RNA. Violations of this RNA may be 

reported to the COTP at 718–354–4353 

or on VHF-Channel 16. 

Dated: December 2, 2014. 

L.L. Fagan, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2014–29856 Filed 1–6–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2014–0753; FRL–9921–40– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Alaska: 

Nonattainment New Source Review 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the Alaska State 

Implementation Plan (SIP) submitted by 

the Commissioner of the Alaska 

Department of Environmental 

Conservation (ADEC) on December 11, 

2009, November 29, 2010, December 10, 

2012, January 28, 2013, July 1, 2014, 

and October 24, 2014, to meet Clean Air 

Act (CAA) requirements. These 

revisions update Alaska’s adoption by 

reference of the Federal preconstruction 

permitting regulations for large 

industrial (major source) facilities 

located in designated nonattainment 

areas, referred to as the Nonattainment 

New Source Review (major NNSR) 

program. The major NNSR program is 

designed to ensure that major stationary 

sources of air pollution are constructed 

or modified in a manner that is 

consistent with attainment and 

maintenance of the National Ambient 

Air Quality Standards (NAAQS). 

DATES: This final rule is effective on 

February 6, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR– 

2014–0753. All documents in the docket 

are listed on the http://

www.regulations.gov Web site. 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 will be publicly available only in 

hard copy form. Publicly available 

docket materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

EPA Region 10, Office of Air, Waste, 

and Toxics, AWT–150, 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 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Donna Deneen at (206) 553–6706, 

deneen.donna@epa.gov, or by using the 

above EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us’’ or ‘‘our’’ is used, it is 

intended to refer to the EPA. 

Table of Contents 

I. Background 

II. Response to Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

The EPA proposed action on revisions 

to the Alaska SIP related to major NNSR 

in a notice of proposed rulemaking 

published on November 4, 2014 (79 FR 

65366). In general, the revisions update 

the adoption by reference of 40 CFR 

51.165 in 18 AAC 50.040(i), which is 

relied on as part of Alaska’s 

nonattainment area major stationary 

source permit provisions in 18 AAC 

50.311. The revisions were submitted by 

ADEC on December 11, 2009, November 

29, 2010, December 10, 2012, January 

28, 2013, July 1, 2014, and October 24, 

2014. Please see EPA’s November 4, 

2014 proposed rulemaking (79 FR 

65366) for further explanation of the 

revisions and the basis for our approval. 

II. Response to Comments 

The EPA received one comment letter 

on the November 4, 2014 (79 FR 65366), 

proposed rule. The comment letter, 

submitted by ADEC, states that it 

supports the EPA’s proposed action. 

The EPA acknowledges ADEC’s support 

of this action. 

III. Final Action 

Provisions the EPA Is Approving and 

Incorporating by Reference 

Consistent with the discussion and 

analysis in the proposed rulemaking 

published on November 4, 2014, the 

EPA is approving into the SIP at 40 CFR 

part 52, subpart C, 18 AAC 50.040(i) and 

18 AAC 50.990, as in effect on 

November 9, 2014. Where the same 

provision has been amended on 

multiple occasions and submitted in 

more than one submittal, we are 

approving the most recently submitted 

amendment to any particular provision. 

IV. Statutory and Executive Order 

Reviews 

Under the 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: 

• 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); 

• 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 


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 4 / Wednesday, January 7, 2015 / Rules and Regulations 833 

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). 

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 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 9, 2015. 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. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: December 23, 2014. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart C—Alaska 

■ 2. In § 52.70, the table in paragraph (c) 

is amended by revising entries ‘‘18 AAC 

50.040’’ and ‘‘18 AAC 50.990’’ to read 

as follows: 

§ 52.70 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES

State citation Title/subject 

State 

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 50.040 ............... Federal Standards 

Adopted by Reference.

11/9/14 1/7/15 ............................

[Insert Federal Register 

citation]; 

except (a), (b), (c), (d), (e), (g), (h)(21), (j), and 

(k). 

* * * * * * * 

18 AAC 50 Article 9. General Provisions 

* * * * * * * 

18 AAC 50.990 ............... Definitions ..................... 11/9/14 1/7/15 ............................

[Insert Federal Register 

citation].

* * * * * * * 

* * * * * 

[FR Doc. 2014–30956 Filed 1–6–15; 8:45 am] 

BILLING CODE 6560–50–P 


rljohnson on DSK3VPTVN1PROD with RULES