Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations 31513 

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 50.010 .......... Ambient Air Quality Standards ... 4/17/15 5/19/16, [Insert Federal Register citation].except (7) and (8). 

18 AAC 50.015 .......... Air Quality Designations, Classifications, and Control Regions.4/17/15 5/19/16, [Insert Federal Register citation].

18 AAC 50.020 .......... Baseline Dates and Maximum 

Allowable Increases.

4/17/15 5/19/16, [Insert Federal Register citation].

* * * * * * * 

18 AAC 50.035 .......... Documents, Procedures and 

Methods Adopted by Reference.

4/17/15 5/19/16, [Insert Federal Register citation].except (a)(6) and (b)(4). 

18 AAC 50.040 .......... Federal Standards Adopted by 

Reference.

4/17/15; 

11/9/14 

5/19/16, [Insert Federal Register citation]; 1/7/15, 80 FR 

832.

except (a), (b), (c), (d), (e), (g), 

(j), and (k). 

* * * * * * * 

18 AAC 50.215 .......... Ambient Air Quality Analysis 

Methods.

4/17/15 5/19/16, [Insert Federal Register citation].except (a)(4). 

* * * * * * * 

* * * * * 

■ 3. Section 52.96 is amended by 

revising paragraph (a) to read as follows: 

§ 52.96 Significant deterioration of air 

quality. 

(a) The State of Alaska Department of 

Environmental Conservation Air Quality 

Control Regulations are approved as 

meeting the requirements of 40 CFR 

51.166 and part C for preventing 

significant deterioration of air quality. 

The specific provisions approved are: 18 

AAC 50.010 except (7) and (8); 18 AAC 

50.015; 18 AAC 50.020; 18 AAC 

50.035(a)(4), (a)(5), and (b)(1); 18 AAC 

50.040(h); and 18 AAC 50.215 except 

(a)(4) as in effect on April 17, 2015; 18 

AAC 50.990 as in effect on November 9, 

2014; 18 AAC 50.306 as in effect on 

January 4, 2013; 18 AAC 50.345 except 

(b), (c)(3), and (l) as in effect on 

September 14, 2012; and 18 AAC 50.250 

as in effect on October 1, 2004. 

* * * * * 

[FR Doc. 2016–11626 Filed 5–18–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0793; FRL–9946–58– 

Region 9] 

Partial Approval and Partial 

Disapproval of Air Quality State 

Implementation Plans; Arizona; 

Infrastructure Requirements To 

Address Interstate Transport for the 

2008 Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving in part and 

disapproving in part State 

Implementation Plan (SIP) revisions 

submitted by the Arizona Department of 

Environmental Quality to address the 

interstate transport requirements of 

Clean Air Act (CAA or Act) section 

110(a)(2)(D)(i) with respect to the 2008 

ozone national ambient air quality 

standard (NAAQS). We are approving 

the portion of the Arizona SIP 

pertaining to significant contribution to 

nonattainment or interference with 

maintenance in another state and 

disapproving the portion of Arizona’s 

SIP pertaining to interstate transport 

visibility requirements. Where EPA is 

disapproving a portion of the Arizona 

SIP revision, the deficiencies have 

already been addressed by a federal 

implementation plan (FIP). 

DATES: This final rule is effective on 

June 20, 2016. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2015–0793 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http://

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California 94105–3901. 

While all documents in the docket are 

listed at http://www.regulations.gov, 

some information may be publicly 

available only at the hard copy location 

(e.g., copyrighted material, large maps, 

multi-volume reports), and some may 

not be available in either location (e.g., 

confidential business information 

(CBI)). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Tom 

Kelly, Air Planning Office (AIR–2), U.S. 

Environmental Protection Agency, 

Region IX, (415) 972–3856, 

kelly.thomasp@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

II. Public Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 


asabaliauskas on DSK3SPTVN1PROD with RULES
31514 Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations 

1National Ambient Air Quality Standards for 

Ozone; Final Rule, 73 FR 16436 (March 27, 2008). 

2 ‘‘Arizona State Implementation Plan Revisions 

for 2008 Ozone and 2010 Nitrogen Dioxide Under 

Clean Air Act Section 110(a)(2)(D) . . .’’ Signed 

December 3, 2015. Also see email from Heidi 

Haggerty of ADEQ: AZ 2015 Ozone Transport I–SIP 

Submittal Clarification. Sent December 9, 2015. 

3Partial Approval and Partial Disapproval of Air 

Quality State Implementation Plans; Arizona; 

Infrastructure Requirements for Lead and Ozone. 80 

FR 40905 (July 14, 2015). 

4Approval and Promulgation of State 

Implementation Plans; Arizona; Infrastructure 

Requirements for the 2008 Lead (Pb) and the 2008 

8-Hour Ozone National Ambient Air Quality 

Standards (NAAQS). 80 FR 47859 (August 10, 

2015). 

5 Id. 

6 Judgment, Sierra Club v. McCarthy, Case 4:14– 

cv–05091–YGR (N.D. Cal. May 15, 2015). 

7Partial Approval and Partial Disapproval of Air 

Quality State Implementation Plans; Arizona; 

Infrastructure Requirements to Address Interstate 

Transport for the 2008 Ozone NAAQS. 81 FR 1520. 

(March 22, 2016). 

I. Background 

CAA sections 110(a)(1) and (2) require 

states to address basic SIP requirements 

to implement, maintain and enforce the 

NAAQS no later than three years after 

the promulgation of a new or revised 

standard. Section 110(a)(2) outlines the 

specific requirements that each state is 

required to address in this SIP 

submission that collectively constitute 

the ‘‘infrastructure’’ of a state’s air 

quality management program. SIP 

submittals that address these 

requirements are referred to as 

‘‘infrastructure SIPs’’ (I–SIP). In 

particular, CAA section 110(a)(2)(D)(i)(I) 

requires that each SIP for a new or 

revised NAAQS contain adequate 

provisions to prohibit any source or 

other type of emissions activity within 

the state from emitting air pollutants 

that will ‘‘contribute significantly to 

nonattainment’’ (prong 1) or ‘‘interfere 

with maintenance’’ (prong 2) of the 

applicable air quality standard in any 

other state. CAA section 

110(a)(2)(D)(i)(II) requires SIP 

provisions that prevent interference 

with measures required to be included 

in the applicable implementation plan 

for any other State under part C to 

prevent significant deterioration of air 

quality (prong 3) or to protect visibility 

(prong 4). This action addresses the 

section 110(a)(2)(D)(i) requirements of 

prongs 1, 2 and 4 with respect to 

Arizona’s I–SIP submissions. 

On March 27, 2008, EPA issued a 

revised NAAQS for ozone.1 This action 

triggered a requirement for states to 

submit an I–SIP to address the 

applicable requirements of section 

110(a)(2) within three years of issuance 

of the revised NAAQS. On December 27, 

2012, the Arizona Department of 

Environmental Quality (ADEQ) 

submitted its 2008 ozone NAAQS I–SIP. 

On December 3, 2015, ADEQ submitted 

a supplement to the 2012 submittal 

further addressing 110(a)(2)(D)(i) prongs 

1, 2, and 4.2

On July 14, 2015, EPA partially 

approved and partially disapproved 

Arizona’s 2012 submittal for the 2008 

ozone NAAQS for the I–SIP elements C, 

D, J, and K. EPA partially approved and 

partially disapproved the submittal for 

purposes of 110(a)(2)(D)(i)(II) prong 3 

and partially approved and partially 

disapproved the submittal for purposes 

of 110(a)(2)(D)(ii) (relating to CAA 

sections 115 and 126).3 We 

subsequently took action on I–SIP 

elements A, B, E–H, L, and M for the 

2008 ozone NAAQS on August 10, 

2015.4 We also stated our intention to 

propose action on the I–SIP submittal 

for the 2008 ozone NAAQS 

110(a)(2)(D)(i) prongs 1, 2, and 4 in an 

additional action.5 Additionally, 

pursuant to a judgment issued by the 

Northern District of California in Sierra 

Club vs. McCarthy, EPA must take final 

action on 110(a)(2)(D) prongs 1, 2, and 

4 of Arizona’s December 2012 SIP 

revision by June 7, 2016.6

On March 22, 2016, EPA proposed to 

approve in part, and disapprove in part, 

the 2012 and 2015 SIP revisions 

addressing the infrastructure 

requirements of CAA section 

110(a)(2)(D)(i) for the 2008 ozone 

NAAQS.7 The rationale supporting 

EPA’s actions is explained in our 

proposal notice and the associated TSD 

and will not be restated here. The 

proposed rule and TSD are available 

online at http://www.regulations.gov, 

Docket ID number EPA–R09–OAR– 

2015–0793. 

II. Public Comments 

EPA received no comments on the 

proposed action during the public 

comment period. 

III. Final Action 

Under CAA section 110(k)(3), and 

based on the evaluation and rationale 

presented in the proposed rule, the 

related TSD, and this final rule, EPA is 

approving in part and disapproving in 

part Arizona SIP revisions addressing 

the interstate transport requirements of 

CAA section 110(a)(2)(D) with respect to 

the 2008 ozone NAAQS. 

EPA is approving Arizona’s SIP as 

meeting the interstate transport 

requirements of CAA section 

110(a)(2)(D)(i)(I) prongs 1 and 2 for the 

2008 ozone NAAQS. EPA is 

disapproving Arizona’s SIP with respect 

to the interstate transport requirements 

of CAA section 110(a)(2)(D)(i)(II) prong 

4 for the 2008 ozone NAAQS. However, 

because EPA has issued Regional Haze 

FIPs addressing visibility requirements 

in Arizona, no additional FIP obligation 

is triggered by the disapproval of this 

portion of Arizona’s infrastructure SIP. 

EPA will continue to work with Arizona 

to incorporate emission limits to 

address the requirements of the 

Regional Haze Rule into the state SIP. 

IV. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA because this action does not 

impose additional requirements beyond 

those imposed by state law. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities beyond those imposed by state 

law. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. This action does not 

impose additional requirements beyond 

those imposed by state law. 

Accordingly, no additional costs to 

State, local, or tribal governments, or to 

the private sector, will result from this 

action. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 


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Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations 31515 

F. Executive Order 13175: Coordination 

With Indian Tribal Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175, because 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, and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not impose additional 

requirements beyond those imposed by 

state law. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12(d) of the NTTAA directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. The EPA believes that this 

action is not subject to the requirements 

of section 12(d) of the NTTAA because 

application of those requirements would 

be inconsistent with the CAA. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

The EPA lacks the discretionary 

authority to address environmental 

justice in this rulemaking. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, 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). 

L. Petitions for Judicial Review 

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 July 18, 2016. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule 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, Approval and 

promulgation of implementation plans, 

Incorporation by reference, Oxides of 

nitrogen, Ozone, and Volatile organic 

compounds. 

Dated: May 6, 2016. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2016–11744 Filed 5–18–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2013–0696; FRL–9944–26– 

OAR] 

RIN 2060–AS86 

Technical Amendments to 

Performance Specification 18 and 

Procedure 6 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to make several minor technical 

amendments to the performance 

specifications and test procedures for 

hydrogen chloride (HCl) continuous 

emission monitoring systems (CEMS). 

This direct final rule also makes several 

minor amendments to the quality 

assurance (QA) procedures for HCl 

CEMS used for compliance 

determination at stationary sources. The 

performance specification (Performance 

Specification 18) and the QA 

procedures (Procedure 6) were 

published in the Federal Register on 

July 7, 2015. These amendments make 

several minor corrections and clarify 

several aspects of these regulations. 

DATES: This rule is effective on August 

17, 2016 without further notice, unless 

the EPA receives adverse comment by 

July 5, 2016. If the EPA receives adverse 

comment, we will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2013–0696, at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the Web, Cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Candace Sorrell, U.S. EPA, Office of Air 

Quality Planning and Standards, Air 

Quality Assessment Division, 

Measurement Technology Group (Mail 

Code: E143–02), Research Triangle Park, 

NC 27711; telephone number: (919) 

541–1064; fax number: (919) 541–0516; 

email address: sorrell.candace@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

information presented in this rule is 

organized as follows: 

I. General Information 

A. Why is the EPA using a direct final rule? 

B. Does this action apply to me? 

C. What should I consider as I prepare my 

comments for the EPA? 

D. Where can I obtain a copy of this 

document? 

E. Judicial Review 

II. This Action 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 


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