56268 Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2014–0765] 

Drawbridge Operation Regulation; 

Milford Haven Inlet, Hudgins, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from drawbridge regulations. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the State Route 

223 Bridge (Gwynn’s Island) across the 

Milford Haven Inlet, mile 0.1, at 

Hudgins, VA. This deviation allows the 

bridge to remain in the closed-tonavigation position to facilitate 

rehabilitation efforts. The bridge will 

open to navigation for a period not to 

exceed two hours once every seven 

days. 

DATES: This deviation is effective from 

7 a.m., on October 1, 2014 to 7 a.m., on 

November 1, 2014. 

ADDRESSES: The docket for this 

deviation, [USCG–2014–0765] is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. You may 

also visit the Docket Management 

Facility in Room W12–140 on the 

ground floor of the Department of 

Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mrs. Jessica 

Shea, Bridge Management Specialist, 

Fifth Coast Guard District, telephone 

(757) 398–6422. Email jessica.c.shea2@

uscg.mil. If you have questions on 

viewing the docket, call Cheryl Collins, 

Program Manager, Docket Operations, 

telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: The bridge 

owner, the Virginia Department of 

Transportation (VDOT), is conducting 

maintenance on the State Route 223 

swing bridge over Milford Haven Inlet 

near Hudgins, VA. VDOT requested 

deviation from the requirement to open 

on signal as required by 33 CFR 117.5 

in order to facilitate the rehabilitation 

work. The deviation period commences 

at 7 a.m., on October 1, 2014 and goes 

through 7 a.m., on November 1, 2014. 

During the deviation period, the 

construction work requires 24-hour 

periods where the bridge will be unable 

to open to navigation. However, once a 

week, the bridge will be able to open to 

navigation for a period not to exceed 

two hours. Due to the nature of the work 

and the time necessary to dismantle the 

equipment, a definitive schedule of 

openings could not be created. The date 

and time of the weekly opening will be 

announced through a Coast Guard 

Broadcast Notice to Mariners at least 48 

hours before the opening. The opening 

duration and frequency were 

established through coordination 

meetings with the local waterway users 

during August 2014. The vertical 

clearance of the swing bridge in the 

closed-to-navigation position is 12 feet 

at mean high water. Vessels able to pass 

through the bridge in the closed 

position may do so at any time and are 

advised to proceed with caution. During 

this temporary deviation, the southern 

approach to Gwynn’s Island by Sandy 

Point, VA can be used as an alternate 

route for vessels able to transit in water 

depths of two feet. The bridge will not 

be able to open for emergencies during 

the closure periods. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: September 3, 2014. 

Waverly W. Gregory, Jr., 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2014–22434 Filed 9–18–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2011–0916; FRL–9916–14– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Alaska 

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). The State of 

Alaska (State) submitted these revisions 

on February 13, 2008, December 11, 

2009, April 14, 2010, November 29, 

2010, October 21, 2011, December 10, 

2012, and January 28, 2013, to meet 

Clean Air Act (CAA) requirements. 

These revisions update the Alaska SIP 

to reflect changes to the National 

Ambient Air Quality Standards 

(NAAQS), area designations, and 

Federal permitting requirements under 

section 110 of the CAA. In addition, the 

submitted changes revise and clarify 

Alaska permitting rules, and remove 

provisions that are duplicated in other 

regulations. Although the EPA is 

approving most of the submitted 

revisions, the EPA is not approving 

certain provisions which are 

inappropriate for SIP approval. The EPA 

is also correcting the SIP to remove 

specific provisions that were previously 

approved into the SIP in error. The 

corrections remove provisions that 

implement other requirements of the 

CAA, are not required by section 110 of 

the CAA, and were not relied on by the 

State to demonstrate attainment or 

maintenance of the NAAQS or to meet 

other specific requirements of section 

110 of the CAA. Finally, the EPA is 

deferring action on certain portions of 

the submissions, including those that 

adopt by reference updates to the 

Federal nonattainment major new 

source review requirements, because 

those revisions will be addressed in 

separate actions. 

DATES: This final rule is effective on 

October 20, 2014. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR– 

2011–0916. 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–107, 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. 


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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 

numerous revisions to the Alaska SIP in 

a notice of proposed rulemaking 

published on May 5, 2014 (79 FR 

25533). These submitted revisions 

update the Alaska SIP to reflect changes 

to the NAAQS, area designations, and 

Federal permitting requirements under 

section 110 of the CAA. In addition, the 

submitted changes revise and clarify 

Alaska permitting rules, and remove 

provisions that are duplicated in other 

regulations. The EPA proposed to 

approve most of the submitted revisions 

except for certain provisions which are 

inappropriate for SIP approval because 

they implement other provisions of the 

CAA, are not required by section 110 of 

the CAA and were not relied on by the 

State to demonstrate attainment or 

maintenance of the NAAQS or to meet 

other specific requirements of section 

110 of the CAA. In addition, the EPA 

proposed to correct the SIP to remove 

specific provisions that were previously 

approved into the SIP in error because 

they implement other provisions of the 

CAA and were not relied on by the State 

to demonstrate attainment or 

maintenance of the NAAQS or to meet 

other specific requirements of section 

110 of the CAA. Finally, the EPA 

proposed to defer action on certain 

portions of the submissions, including 

those that adopt by reference updates to 

the Federal nonattainment major new 

source review requirements, because 

those revisions will be addressed in 

separate actions. More detail regarding 

the relevant CAA requirements, the 

revisions, and the EPA’s reasons for this 

action were provided in the proposal. 

See 79 FR 25533. The public comment 

period for this proposed rule ended on 

June 4, 2014. 

II. Response to Comments 

The EPA received one comment letter 

on the May 5, 2014, proposed rule. The 

following summarizes the issues raised 

by the commenter and provides the 

EPA’s responses. 

Comment: The Alaska Department of 

Conservation (ADEC) states that it 

supports the EPA’s proposed approval 

of revisions to the Alaska SIP, but that 

it has comments on a few specific 

aspects of the EPA’s proposal. 

Response: The EPA acknowledges 

ADEC’s support of this action and 

provides responses to ADEC’s other 

comments below. 

Comment: ADEC disagrees with the 

EPA’s proposal not to approve 18 AAC 

50.345(l), which is a general condition 

required to be included in all permits 

and gives ADEC the discretion to 

approve an extension of a source test 

deadline established by ADEC. ADEC 

states that it is unreasonable to expect 

it to revise a permit and get the EPA’s 

approval when ADEC cannot know a 

permittee will need an extension of 

source testing requirements until the 

need arises. The flexibility provided by 

18 AAC 50.345(l), ADEC maintains, is 

needed to account for unique logistical 

situations, such as when a permittee is 

unable to get a source test contractor on 

site by the permit deadline due to such 

issues as contractor shortages or 

extreme-weather-related scheduling 

problems. ADEC explains that when it 

receives a request for an extension, the 

extensions are granted and the source 

test is required to be conducted as 

expeditiously as possible and that only 

a dozen or so such requests are received 

annually. ADEC concludes by 

requesting that the EPA approve 18 

AAC 50.345(l). 

Response: The EPA previously 

disapproved 18 AAC 50.345(l) on 

August 14, 2007 (72 FR 45378), and the 

State has not submitted a revision to 18 

AAC 50.345(l) since then. As a result, 

no revision to 18 AAC 50.345(l) is 

before the EPA for action at this time. 

The EPA acknowledges the May 5, 2014, 

proposal may not have been clear that 

a revision to 18 AAC 50.345(l) was not 

before us. The intent of the EPA’s 

statement that it was not approving 18 

AAC 50.345(l) was to avoid any 

implication that, by approving the 

submitted revisions to other parts of 18 

AAC 50.345, it was also approving any 

revisions to 18 AAC 50.345(l) as none 

had been submitted. 

In any event, the EPA continues to 

believe that 18 AAC 50.345(l) is not 

appropriate for SIP approval for the 

reasons previously identified by the 

EPA in its prior action. See 72 FR 5232 

(February 5, 2007). The regulation itself 

contains no criterion that bounds 

ADEC’s discretion to grant an extension 

of the source test deadline, such as the 

maximum time for an extension or the 

circumstances under which an 

extension will be granted. See, e.g., 40 

CFR 60.8 (provisions authorizing an 

extension of a source test deadline for 

‘‘force majeure’’ events). Unless it is 

possible at the time of the approval of 

a director’s discretion-type provision 

into a SIP to anticipate and analyze all 

of the impacts of the potential exercise 

of the director’s discretion, such 

provisions functionally could allow de 

facto revisions of the approved 

provisions of the SIP without complying 

with the process for SIP revisions 

required by the CAA. See 78 FR 12460, 

12485–86 (February 22, 2013). 

The EPA understands the goal of 18 

AAC 50.345(l) is to provide flexibility 

where an extension to a source test 

deadline established by ADEC is needed 

to account for unique logistical 

situations. If requested by Alaska, the 

EPA will work with the State to develop 

revised rules that are consistent with 

ADEC’s goal and also consistent with 

the Clean Air Act and implementing 

regulations. 

Comment: ADEC objects to the 

proposed disapproval of 18 AAC 

50.346(a). ADEC describes this 

provision as dealing with the adoption 

by reference and use of Standard 

Operating Permit Condition II—Air 

Pollution Prohibited. ADEC states that it 

believes the EPA may have incorrectly 

interpreted the conditions in Standard 

Operating Permit Condition II, arguing 

that Condition II.2.1 addresses 

situations in which emissions present a 

potential threat to human health and 

safety and require that such emissions 

be reported and that actual impacts are, 

therefore, monitored. ADEC also argues 

that Condition II.2.1 and II.2.2 require 

reporting and investigation of emissions 

that are believed to have caused or are 

causing violation of Condition II.1, and 

Condition II.2.4 requires permittees to 

keep records, all of which constitute 

monitoring for compliance. ADEC 

believes that the EPA’s disapproval 

addresses only the language found in 

Condition II.2.3, which does require 

corrective action after a violation has 

occurred. ADEC requests that the EPA 

either approve 18 AAC 50.346(a) or 

provide additional explanation for why 

it is not approvable. 

Response: Region 10 continues to 

believe that 18 AAC 50.346(a) is not 

appropriate for SIP approval. We raised 

concerns in our previous action at 72 FR 

5238 (February 5, 2007) that Standard 

Permit Condition II, which is 

incorporated into 18 AAC 50.346(a), 

only requires corrective action after a 

violation of 18 AAC 50.110 has 

occurred. Based on the comment by 

ADEC, we now agree that Standard 

Permit Condition II requires other 

ongoing monitoring, recordkeeping and 

reporting (MRR) in addition to the 

corrective action provision. However, 

the standard condition also authorizes 

ADEC to use something other than the 


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Standard Permit Condition if ‘‘the 

Department determines that emission 

unit or stationary source specific 

conditions more adequately meet the 

requirements of 18 AAC 50.’’ As such, 

it reserves to ADEC authority to impose 

case-by-case MRR for the underlying SIP 

requirement (18 AAC 50.110) as an 

alternative to Standard Permit 

Condition II through the permitting 

process with no bounds on the exercise 

of that discretion. Although authority to 

impose appropriate MRR is an 

important part of the permitting process, 

approving into the SIP a specified MRR 

requirement for a SIP air quality control 

requirement such as 18 AAC 50.110 that 

also authorizes the permitting authority 

unbounded discretion to impose 

alternative requirements is inconsistent 

with the process for SIP revisions 

required by the CAA. See 78 FR 12460, 

12485–86 (February 22, 2013). 

Therefore, EPA continues to believe that 

it cannot approve 18 AAC 50.346(a) into 

the SIP. The EPA notes, however, that, 

ADEC has authority under its SIPapproved permitting program to 

determine whether this Standard 

Condition or some alternative MRR is 

appropriate for 18 AAC 50.110 in 

issuing a permit for a particular 

emission unit or source. Once such a 

permit is issued under the SIP, the MRR 

would then be Federally-enforceable 

whether it is the Standard Permit 

Condition or a case-by-case alternative. 

Comment: ADEC disagrees with the 

EPA’s proposal to not approve 18 AAC 

50.542(b)(2), which allows ADEC to 

require an owner/operator to submit an 

application online on the grounds that 

ADEC’s online system has not yet been 

certified by the EPA as Cross-Media 

Electronic Reporting Rule (CROMERR) 

compliant. ADEC states that it is 

continuing to work in good faith with 

the EPA to meet CROMERR 

requirements and that it is inappropriate 

to not approve 18 AAC 50.542(b)(2) 

because (1) ADEC has an existing 

system, which has been acknowledged 

as such by the EPA; (2) ADEC has 

submitted a CROMERR application; (3) 

CROMERR regulations have no 

provisions where an existing system 

cannot be used; and (4) Meeting 

CROMERR requirements is a 

challenging endeavor that has been so 

difficult in some cases that the EPA has 

been working to create services to help 

programs to meet CROMERR. ADEC 

continues that it is close to being able 

to formally resubmit its Air Online 

Services (AOS) program under 

CROMERR and that, until then, ADEC 

should be able to continue to utilize all 

of its tools and resources to not only 

meet Federal requirements but to also 

efficiently and effectively process 

permits. Therefore, ADEC requests that, 

although ADEC’s online system has not 

yet been certified as CROMERR 

compliant, the EPA continue to work 

with the State to approve the program 

as expeditiously as possible. 

Response: The provision at 18 AAC 

50.542(b)(2) allows ADEC to require the 

owner/operator to submit permit 

applications online. The EPA previously 

disapproved this provision on August 

14, 2007 (72 FR 45378), and the State 

has not submitted a revision to 18 AAC 

50.542(b)(2) since then. As a result no 

revision to 18 AAC 50.542(b)(2) is 

before the EPA for action at this time. 

The EPA acknowledges the May 5, 2014, 

proposal may not have been clear that 

a revision to 18 AAC 50.542(b)(2) was 

not before us. The intent of the EPA’s 

statement that it was not approving 18 

AAC 50.542(b)(2) was to avoid any 

implication that, by approving 

submitted revisions to other parts of 18 

AAC 50.542, it was also approving any 

revisions to 18 AAC 50.542(b)(2) as 

none had been submitted. 

In any event, the EPA continues to 

believe that 18 AAC 50.542(b)(2) is not 

appropriate for SIP approval for the 

reasons previously identified by the 

EPA in its prior action. See 72 FR 5232 

(February 5, 2007). We acknowledge 

ADEC’s continuing efforts to meet 

CROMERR requirements and will 

continue to assist the State in 

developing an approvable program for 

electronic recordkeeping and reporting 

under CROMERR, taking into account 

ADEC’s concerns. Once ADEC receives 

CROMERR approval and resubmits 18 

AAC 50.542(b)(2) for SIP approval, we 

will take appropriate action on this 

provision. 

III. Final Action 

Provisions the EPA Is Approving and 

Incorporating by Reference 

Consistent with the discussion and 

analysis in the proposed rulemaking 

published on May 5, 2014, and in this 

action, the EPA is approving into the 

SIP at 40 CFR part 52, subpart C, the 

Alaska laws and regulations listed in the 

table below. 

ALASKA PROVISIONS FOR APPROVAL AND INCORPORATION BY REFERENCE

State citation Title/Subject State effective 

date Explanation 

18 AAC 50.010 .............. Ambient Air Quality Standards ............................. 1/4/2013 except (7) and (8). 

18 AAC 50.015 .............. Air Quality Designations, Classifications, and 

Control Regions.

12/9/2010 

18 AAC 50.020 .............. Baseline Dates and Maximum Allowable Increases.1/4/2013 

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

by Reference.

1/4/2013 except (a)(6) and (b)(4). 

18 AAC 50.040 .............. Federal Standards Adopted by Reference .......... 1/4/2013, 12/3/ 

2005 

except (a), (b), (c), (d), (e), (g), (h)(21), (i)(7), 

(i)(8), (i)(9), (j), and (k). 

18 AAC 50.050 .............. Incinerator Emission Standards ........................... 7/25/2008 

18 AAC 50.055 .............. Industrial Processes and Fuel-Burning Equipment.12/9/2010 except (d)(2)(B). 

18 AAC 50.215 .............. Ambient Air Quality Analysis Methods ................. 1/4/2013, 10/1/ 

2004 

except (a)(4). 

18 AAC 50.220 .............. Enforceable Test Methods ................................... 9/14/2012 except (c)(1)(A), (B), (C), and (c)(2). 

18 AAC 50.225 .............. Owner-Requested Limits ...................................... 9/14/2012 

18 AAC 50.302 .............. Construction Permits ............................................ 9/14/2012 except (a)(3). 

18 AAC 50.306 .............. Prevention of Significant Deterioration (PSD) 

Permits.

1/4/2013 

18 AAC 50.345 .............. Construction, Minor and Operating Permits: 

Standard Permit Conditions.

9/14/2012 except (b), (c)(3), and (l). 

18 AAC 50.400 .............. Permit Administration Fees .................................. 9/14/2012, 7/ 

25/2008 

except (a), (b), (c), (d), (f), (j)(1) through (18), 

(j)(21) through (23), and (k). 


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ALASKA PROVISIONS FOR APPROVAL AND INCORPORATION BY REFERENCE—Continued 

State citation Title/Subject State effective 

date Explanation 

18 AAC 50.502 .............. Minor Permits for Air Quality Protection .............. 1/4/2013 

18 AAC 50.508 .............. Minor Permits Requested by the Owner or Operator.12/9/2010 

18 AAC 50.510 .............. Minor Permit: 18 AAC 50.510 Minor Permit— 

Title V Permit Interface.

12/9/2010 

18 AAC 50.540 .............. Minor Permit: Application ..................................... 1/4/2013 

18 AAC 50.542 .............. Minor Permit: Review and Issuance .................... 1/4/2013 except (b)(2). 

18 AAC 50.544 .............. Minor Permits: Content ........................................ 12/9/2010 

18 AAC 50.546 .............. Minor Permits: Revisions ..................................... 7/25/2008 except (b). 

18 AAC 50.990 .............. Definitions ............................................................. 9/14/2012 except (92) as it relates to 18 AAC 50.040(i). 

Alaska Statute Sec. 

46.14.550.

Responsibilities of Owner and Operator; Agent 

for Service.

1/4/2013 

Alaska Statute Sec. 

46.14.990.

Definitions ............................................................. 1/4/2013 except (1)–(3), (6), (7), (9)–(14), (19)–(26), and 

(28). 

In addition, the EPA finds that the 

statutes submitted by the State in its SIP 

revisions, with the exceptions discussed 

in the May 5, 2014, proposal, continue 

to provide the State with adequate legal 

authority to carry out the requirements 

of the Alaska SIP. In general, the EPA 

is not incorporating by reference the 

statutory provisions submitted by the 

State to avoid potential conflict with the 

EPA’s independent authorities. 

Provisions the EPA Is Not Approving 

For the reasons explained in the 

proposed rule published on May 5, 

2014, we are not approving the 

following provisions: 

• 18 AAC 50.010 ‘‘Ambient Air 

Quality Standards,’’ paragraphs (7) and 

(8). 

• 18 AAC 50.030 ‘‘State Air Quality 

Control Plan.’’ 

• 18 AAC 50.035 ‘‘Documents, 

Procedures, and Methods Adopted by 

Reference,’’ subparagraphs (a)(6) and 

(b)(4). 

• 18 AAC 50.040 ‘‘Federal Standards 

Adopted by Reference,’’ paragraphs (a), 

(b), (c), (d), (e), (g), (j) and (k), and 

subparagraph (h)(21). 

• 18 AAC 50.055 ‘‘Industrial 

Processes and Fuel-Burning 

Equipment,’’ subparagraph (d)(2)(B). 

• 18 AAC 50.215 ‘‘Ambient Air 

Quality Analysis Methods,’’ 

subparagraph (a)(4). 

• 18 AAC 50.220 ‘‘Enforceable Test 

Methods,’’ subparagraph (c)(2). 

• 18 AAC 50.326 ‘‘Title V Operating 

Permits, paragraph (e). 

• 18 AAC 50.345 ‘‘Construction, 

Minor and Operating Permits: Standard 

Permit Conditions,’’ paragraph (b), 

(c)(3), and (l). 

• 18 AAC 50.346 ‘‘Construction and 

operating permits: other permit 

conditions,’’ paragraphs (a), (b) and (c). 

• 18 AAC 50.400 ‘‘Permit 

Administration Fees,’’ paragraph (a). 

• 18 AAC 50.542 ‘‘Minor Permit: 

Review and Issuance,’’ subparagraph 

(b)(2). 

• 18 AAC 50.546 ‘‘Minor Permits: 

Revisions,’’ paragraph (b). 

• AS 46.14.540 ‘‘Authority of 

Department in Cases of Emergency.’’ 

Provisions the EPA Is Removing From 

the SIP or From Incorporation by 

Reference 

Under the authority of CAA section 

110(k)(6), we are correcting the SIP to 

remove specific provisions from the 

Alaska SIP that were previously 

approved into the SIP in error. The 

provisions listed below implement other 

requirements of the CAA, were not 

required to be submitted under section 

110 of the CAA, and were not relied on 

by the State to demonstrate attainment 

or maintenance of the NAAQS or to 

meet other specific requirements of 

section 110 of the Act. They are 

therefore not appropriate for approval 

into the SIP: 18 AAC 50.220(c)(1)(A), 

(B), (C) and 18 AAC 50.302(a)(3). 

Because these provisions are not 

required under the CAA, our action to 

remove these provisions, which results 

in a disapproval of these provisions, 

does not make the SIP deficient. 

We are also removing the 

incorporation by reference of AS 

46.14.510(b). This statutory provision 

continues to be in the SIP, but is no 

longer necessary to be incorporated by 

reference because the provision is 

addressed by the incorporation by 

reference of regulations elsewhere in the 

Federally-approved SIP (at 18 AAC 

52.015(a), (b), 52.990(66)(B) and 

52.100(d)(3)). 

Provisions the EPA is Taking No Action 

On 

Finally, as detailed in the proposed 

rulemaking published on May 5, 2014, 

we are taking no action on the following 

Alaska provisions: 18 AAC 50.040 

‘‘Federal Standards Adopted by 

Reference’’ paragraph (i) (adoption by 

reference of Federal nonattainment NSR 

regulations at 40 CFR 51.165); 18 AAC 

50 Article 7 ‘‘Conformity;’’ and AS 

46.14.560 ‘‘Unavoidable Malfunctions 

and Emergencies.’’ We intend to address 

these changes in separate actions. 

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 

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 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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); 


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• 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 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; 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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and the EPA notes 

that it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 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 November 18, 

2014. 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: August 15, 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: 

■ a. Revising entries 18 AAC 50.010 

through 18 AAC 50.020. 

■ b. Revising entries 18 AAC 50.035, 18 

AAC 50.040, 18 AAC 50.050, and 18 

AAC 50.055. 

■ c. Revising entries 18 AAC 50.215 

through 18 AAC 50.225. 

■ d. Revising entries 18 AAC 50.302, 18 

AAC 50.306, and 18 AAC 50.345. 

■ e. Adding, in numerical order, the 

subheading ‘‘18 AAC 50 Article 4. User 

Fees’’ and entry ‘‘18 AAC 50.400’’. 

■ f. Revising entries 18 AAC 50.502 and 

18 AAC 50.508. 

■ g. Adding in numerical order entry 18 

AAC 50.510. 

■ h. Revising entries 18 AAC 50.540 

through 18 AAC 50.546. 

■ i. Revising entry 18 AAC 50.990. 

■ j. Removing entry Sec. 46.14.510. 

■ k. Revising entries Sec. 46.14.550 and 

Sec. 46.14.990. 

The revisions and additions 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 50.010 ............... Ambient Air Quality 

Standards.

1/4/13 9/19/14 ..........................

[Insert Federal Register 

citation].

except (7) and (8). 

18 AAC 50.015 ............... Air Quality Designations, Classifications, 

and Control Regions.

12/9/10 9/19/14 ..........................

[Insert Federal Register 

citation].

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

Maximum Allowable 

Increases.

1/4/13 9/19/14 ..........................

[Insert Federal Register 

citation].

* * * * * * * 

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

and Methods Adopted 

by Reference.

1/4/13 9/19/14 ..........................

[Insert Federal Register 

citation].

except (a)(6) and (b)(4). 

18 AAC 50.040 ............... Federal Standards 

Adopted by Reference.

1/4/13; 

12/3/05 

9/19/14 ..........................

[Insert Federal Register 

citation]; 

72 FR 45378 (8/14/07)

except (a), (b), (c), (d), (e), (g), (h)(21), (i)(7), 

(i)(8), (i)(9), (j), and (k). 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Rules and Regulations 56273 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES—Continued 

State citation Title/Subject 

State 

effective 

date 

EPA Approval date Explanations 

*******

18 AAC 50.050 ............... Incinerator Emission 

Standards.

7/25/08 9/19/14 ..........................

[Insert Federal Register 

citation].

18 AAC 50.055 ............... Industrial Processes 

and Fuel-Burning 

Equipment.

12/9/10 9/19/14 ..........................

[Insert Federal Register 

citation].

except (d)(2)(B). 

* * * * * * * 

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

Analysis Methods.

1/4/13; 

10/1/04 

9/19/14 ..........................

[Insert Federal Register 

citation]; 

72 FR 45378 (8/14/07)

except (a)(4) 

18 AAC 50.220 ............... Enforceable Test Methods.9/14/12 9/19/14 ..........................

[Insert Federal Register 

citation].

except (c)(1)(A), (B), (C), and (c)(2). 

18 AAC 50.225 ............... Owner-Requested Limits.9/14/12 9/19/14 ..........................

[Insert Federal Register 

citation].

* * * * * * * 

18 AAC 50.302 ............... Construction Permits .... 9/14/12 9/19/14 ..........................

[Insert Federal Register 

citation].

except (a)(3). 

18 AAC 50.306 ............... Prevention of Significant 

Deterioration (PSD) 

Permits.

1/4/13 9/19/14 ..........................

[Insert Federal Register 

citation].

* * * * * * * 

18 AAC 50.345 ............... Construction, Minor and 

Operating Permits: 

Standard Permit Conditions.

9/14/12 9/19/14 ..........................

[Insert Federal Register 

citation].

except (b), (c)(3), and (l). 

18 AAC 50 Article 4. User Fees 

18 AAC 50.400 ............... Permit Administration 

Fees.

9/4/12 9/19/14 ..........................

[Insert Federal Register 

citation].

except (a), (b), (c), (d), (f), (j)(1) through (18), 

(j)(21) through (23), and (k). 

* * * * * * * 

18 AAC 50.502 ............... Minor Permits for Air 

Quality Protection.

1/4/13 9/19/14 ..........................

[Insert Federal Register 

citation].

18 AAC 50.508 ............... Minor Permits Requested by the Owner 

or Operator.

12/9/10 9/19/14 ..........................

[Insert Federal Register 

citation].

18 AAC 50.510 ............... Minor Permit: 18 AAC 

50.510 Minor Permit—Title V Permit 

Interface.

12/9/10 9/19/14 ..........................

[Insert Federal Register 

citation].

18 AAC 50.540 ............... Minor Permit: Application.1/4/13 9/19/14 ..........................

[Insert Federal Register 

citation].

18 AAC 50.542 ............... Minor Permit: Review 

and Issuance.

1/4/13 9/19/14 ..........................

[Insert Federal Register 

citation].

except (b)(2). 

18 AAC 50.544 ............... Minor Permits: Content 12/9/10 9/19/14 ..........................

[Insert Federal Register 

citation].

18 AAC 50.546 ............... Minor Permits: Revisions.7/15/08 9/19/14 ..........................

[Insert Federal Register 

citation].

except (b). 

* * * * * * * 

18 AAC 50.990 ............... Definitions ..................... 9/14/12 9/19/14 ..........................

[Insert Federal Register 

citation].

except (92) as it relates to 18 AAC 50.040(i). 


asabaliauskas on DSK5VPTVN1PROD with RULES
56274 Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Rules and Regulations 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES—Continued 

State citation Title/Subject 

State 

effective 

date 

EPA Approval date Explanations 

*******

Alaska Statutes 

*******

Title 46 Water, Air, Energy, and Environmental Conservation, Chapter 46.14. Air Quality Control 

Sec. 46.14.550 ............... Responsibilities of 

Owner and Operator.

1/4/13 9/19/14 ..........................

[Insert Federal Register 

citation].

* * * * * * * 

Sec. 46.14.990 ............... Definitions ..................... 1/4/13 9/19/14 ..........................

[Insert Federal Register 

citation].

except (1) (3), (6), (7), (9) (14), (19) (26), and 

(28). 

* * * * * 

■ 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 this part for preventing 

significant deterioration of air quality. 

The specific provisions approved are: 18 

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

50.020, 18 AAC 50.035 (a)(4) and (5) 

and (b)(1) (but only with respect to the 

incorporation by reference of 40 CFR 

part 50, appendix P), 18 AAC 50.040(h) 

except (7) and (9), and 18 AAC 50.306 

as in effect on January 4, 2013; 18 AAC 

50.215 except (a)(4) and (d), 18 AAC 

50.345 except (b), (c)(3) and (l), and 18 

AAC 50.990 except (92) as it relates to 

18 AAC 50.040(i)) as in effect on 

September 14, 2012; 18 AAC 50.015 as 

in effect on December 9, 2010; 18 AAC 

50.040 (7) and (9) as in effect on 

December 3, 2005; and 18 AAC 

50.215(d) and 18 AAC 50.250 as in 

effect on October 1, 2004. 

* * * * * 

[FR Doc. 2014–22165 Filed 9–18–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 122 

[EPA–HQ–OW–2009–1019; FRL–9916–33– 

OW] 

RIN 2040–AC84 

National Pollutant Discharge 

Elimination System (NPDES): Use of 

Sufficiently Sensitive Test Methods for 

Permit Applications and Reporting; 

Correction 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule; correction. 

SUMMARY: The Environmental Protection 

Agency (EPA) is correcting a final rule 

that appeared in the Federal Register of 

August 19, 2014 (79 FR 49001). The rule 

finalized minor amendments to its 

Clean Water Act (CWA) regulations to 

codify that under the National Pollutant 

Discharge Elimination System (NPDES) 

program, in general, permit applicants 

must use ‘‘sufficiently sensitive’’ 

analytical test methods when 

completing an NPDES permit 

application and the Director must 

prescribe that only ‘‘sufficiently 

sensitive’’ methods be used for analyses 

of pollutants or pollutant parameters 

under an NPDES permit. 

DATES: Effective September 18, 2014. 

FOR FURTHER INFORMATION CONTACT: For 

additional information, contact Kathryn 

Kelley, Water Permits Division, Office of 

Wastewater Management (4203M), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460; telephone number: (202) 

564–7004, email address: 

kelley.kathryn@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA is 

correcting two citations that are 

contained within the text of two 

‘‘Notes’’ in the final rule, as set forth 

below. Section 553(b)(B) of the 

Administrative Procedure Act, 5 U.S.C. 

553(b)(B), provides that, when an 

agency for good cause finds that public 

notice and comment procedures are 

impracticable, unnecessary, or contrary 

to the public interest, the agency may 

issue a rule without providing notice 

and an opportunity for public comment. 

Here, EPA has determined that there is 

good cause for making this rule final 

without prior proposal and opportunity 

for comment because notice and 

opportunity for comment are 

unnecessary. The corrections being 

made in this rule are technical and very 

minor. These corrections concern two 

citations that were inadvertently stated 

incorrectly in the text of the final rule 

published on Aug. 19, 2014. The 

preamble to that rule makes clear that 

EPA intended the two Notes that 

contain these citations to discuss how 

method minimum levels (MLs) are 

determined under any of the 

subparagraphs to 122.21(e)(3)(i) or 

122.44(i)(1)(iv)(A) (see 79 FR 49004–05 

and 49010), which is the effect of 

today’s corrections to these two 

citations. Accordingly, EPA does not 

believe that conducting a notice and 

comment process on today’s corrections 

would inform the public of agency 

action that may be of interest. 

Under Section 553(d) of the 

Administrative Procedure Act, 

publication of a rule must be made at 

least 30 days before its effective date, 

except where the agency provides 

otherwise for good cause. EPA finds that 

there is good cause for making this rule 


asabaliauskas on DSK5VPTVN1PROD with RULES