Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Proposed Rules 3101 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document proposes to amend 

FAA Order 7400.11B, Airspace 

Designations and Reporting Points, 

dated August 3, 2017, and effective 

September 15, 2017. FAA Order 

7400.11B is publicly available as listed 

in the ADDRESSES section of this 

document. FAA Order 7400.11B lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) part 71 for airspace redesign by 

modifying Class D airspace to a 4.6-mile 

radius (from a 4.5-mile radius) of the 

airport from the airport 297° bearing 

clockwise to the airport 164° bearing, 

thence direct to the point of beginning. 

This modification would provide 

additional Class D airspace south of the 

airport and would remove Class D 

airspace southwest and northwest of the 

airport, thereby containing instrument 

IFR departure aircraft until reaching 700 

feet above the surface, and removing 

airspace not required by IFR operations. 

Also, this action would remove the 

reference to the El Nido VOR/DME in 

the legal description due to its planned 

decommissioning as the FAA transitions 

from ground-based to satellite-based 

navigation. 

Class E airspace extending upward 

from 700 feet above the surface would 

be modified to a 7.2-mile (from a 7-mile) 

radius of the airport, and would remove 

the 23-mile extension northwest of the 

airport. 

Additionally, the airport’s geographic 

coordinates would be updated to match 

the FAA’s aeronautical database for the 

Class D and Class E airspace areas. An 

editorial change also would be made to 

the Class E surface area airspace legal 

description replacing ‘‘Airport/Facility 

Directory’’ with the term ‘‘Chart 

Supplement’’. 

These actions are necessary for the 

safety and management of IFR 

operations at this airport. 

Class E airspace designations are 

published in paragraph 6002, and 6005, 

respectively, of FAA Order 7400.11B, 

dated August 3, 2017 and effective 

September 15, 2017, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current, is noncontroversial and unlikely to result in 

adverse or negative comments. It, 

therefore: (1) Is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a regulatory evaluation as 

the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, 

would not have a significant economic 

impact on a substantial number of small 

entities under the criteria of the 

Regulatory Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.11B, 

Airspace Designations and Reporting 

Points, dated August 3, 2017, and 

effective September 15, 2017, is 

amended as follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

AWP CA D Atwater, CA [Amended] 

Castle Airport, CA 

(Lat. 37°22′50′′ N, long. 120°34′06′′ W) 

That airspace extending upward from the 

surface up to but not including 2,000 feet 

MSL within a 4.6-mile radius of Castle 

Airport beginning at the 297° bearing from 

the airport clockwise to the 164° bearing, 

thence to the point of beginning. This Class 

D airspace area is effective during the 

specific dates and times established in 

advance by a Notice to Airmen. The effective 

date and time will thereafter be continuously 

published in the Chart Supplement. 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AWP CA E5 Atwater, CA [Amended] 

Castle Airport, CA 

(Lat. 37°2250 N, long. 120°34′06′′ W) 

That airspace extending upward from 700 

feet above the surface within a 7.2-mile 

radius of Castle Airport. 

Issued in Seattle, Washington, on January 

11, 2018. 

Shawn M. Kozica, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2018–01026 Filed 1–22–18; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2017–0597; FRL–9973– 

22—Region 10] 

Air Plan Approval; AK: Fine Particulate 

Matter Infrastructure Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Whenever a new or revised 

National Ambient Air Quality Standard 

(NAAQS) is promulgated, the Clean Air 

Act (CAA) requires states to submit a 

plan for the implementation, 

maintenance, and enforcement of the 

standard, commonly referred to as 

infrastructure requirements. The 

Environmental Protection Agency (EPA) 

is proposing to approve the Alaska State 

Implementation Plan (SIP) as meeting 

specific infrastructure requirements for 

the fine particulate matter (PM2.5) 

NAAQS. 

DATES: Comments must be received on 

or before February 22, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2017–0597, at https://

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 the disclosure of which is 


sradovich on DSK3GMQ082PROD with PROPOSALS
3102 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Proposed Rules 

1Consistent with past practice, the EPA intends 

to act on requirements related to the CAA section 

110(a)(2)(D)(i)(I) interstate transport provisions in a 

separate action. See 79 FR 45103 (August 4, 2014). 2Stephen D. Page, Director, Office of Air Quality 

Planning and Standards. ‘‘Guidance on 

Infrastructure State Implementation Plan (SIP) 

Elements under Clean Air Act Sections 110(a)(1) 

and 110(a)(2).’’ Memorandum to EPA Air Division 

Directors, Regions 1–10, September 13, 2013. 

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 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Kristin Hall, Air Planning Unit, Office of 

Air and Waste (OAW–150), 

Environmental Protection Agency— 

Region 10, 1200 Sixth Ave, Seattle, WA 

98101; telephone number: (206) 553– 

6357; email address: hall.kristin@

epa.gov. 

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. Infrastructure Elements 

III. EPA Approach To Review of 

Infrastructure SIP Submissions 

IV. EPA Evaluation 

V. Proposed Action 

VI. Statutory and Executive Orders Review 

I. Background 

On July 18, 1997, the EPA 

promulgated a new 24-hour and a new 

annual NAAQS for fine particulate 

matter (PM2.5) (62 FR 38652). 

Subsequently, on October 17, 2006, the 

EPA tightened the 24-hour PM2.5

NAAQS from 65 micrograms per cubic 

meter (mg/m3) to 35 mg/m3, and retained 

the annual PM2.5 standard at 15 mg/m3

(71 FR 61144). More recently, on 

December 14, 2012, the EPA lowered 

the level of the primary annual PM2.5

NAAQS to 12 mg/m3 and retained the 

remaining particulate matter standards 

(January 15, 2013, 78 FR 3086). 

After a new or revised NAAQS is 

promulgated, the CAA requires states to 

submit infrastructure SIPs to meet basic 

elements required to implement, 

maintain, and enforce the new or 

revised NAAQS. On March 10, 2016, the 

Alaska Department of Environmental 

Conservation (ADEC) submitted a SIP 

revision to meet the 2012 PM2.5 NAAQS 

infrastructure requirements, in addition 

to outstanding 1997 and 2006 PM2.5

NAAQS infrastructure elements not 

included in prior submissions. 

Specifically, Alaska’s March 10, 2016, 

submission addresses the following 

infrastructure elements: 

• CAA section 110(a)(2)(A) through 

(M) for the 2012 PM2.5 NAAQS; 

• CAA section 110(a)(2)(G) for the 

2006 PM2.5 NAAQS; and 

• CAA section 110(a)(2)(G) for the 

1997 PM2.5 NAAQS. 

We note that Alaska’s March 10, 2016, 

submission addresses other program 

areas, such as regional haze, 

transportation conformity, and 

nonattainment planning. In this action, 

we are proposing to approve the portion 

of the March 10, 2016, submission 

related to PM2.5 infrastructure 

requirements only.1 We previously 

approved other portions of the 

submission on August 28, 2017 (82 FR 

40712) and September 8, 2017 (82 FR 

42457), and we intend to address the 

remainder of the submission in separate, 

future actions. 

II. Infrastructure Elements 

CAA section 110(a)(1) provides the 

procedure and timing for SIP 

submissions after a new or revised 

NAAQS is promulgated. CAA section 

110(a)(2) lists specific elements that 

states must meet related to a newly 

established or revised NAAQS. The EPA 

has issued guidance to help states 

address these requirements, most 

recently on September 13, 2013 (2013 

Guidance).2 The requirements, with 

their corresponding CAA subsection, are 

listed below: 

• 110(a)(2)(A): Emission limits and 

other control measures. 

• 110(a)(2)(B): Ambient air quality 

monitoring/data system. 

• 110(a)(2)(C): Program for 

enforcement of control measures. 

• 110(a)(2)(D): Interstate transport. 

• 110(a)(2)(E): Adequate resources. 

• 110(a)(2)(F): Stationary source 

monitoring system. 

• 110(a)(2)(G): Emergency episodes. 

• 110(a)(2)(H): Future SIP revisions. 

• 110(a)(2)(I): Areas designated 

nonattainment and applicable 

requirements of part D. 

• 110(a)(2)(J): Consultation with 

government officials; public 

notification; and Prevention of 

Significant Deterioration (PSD) and 

visibility protection. 

• 110(a)(2)(K): Air quality modeling/ 

data. 

• 110(a)(2)(L): Permitting fees. 

• 110(a)(2)(M): Consultation/ 

participation by affected local entities. 

The EPA’s 2013 Guidance restated our 

interpretation that two elements are not 

governed by the three-year submission 

deadline in CAA section 110(a)(1) 

because SIPs incorporating necessary 

local nonattainment area controls are 

due on separate schedules, pursuant to 

CAA section 172 and the various 

pollutant-specific subparts 2 through 5 

of part D. These are submissions 

required by: (i) CAA section 

110(a)(2)(C), to the extent that 

subsection refers to a permit program as 

required in part D, title I of the CAA, 

and (ii) CAA section 110(a)(2)(I). As a 

result, this action does not address CAA 

section 110(a)(2)(C) with respect to 

nonattainment new source review (NSR) 

or CAA section 110(a)(2)(I). The EPA 

has also determined that the CAA 

section 110(a)(2)(J) provision on 

visibility is not triggered by a new 

NAAQS because the visibility 

requirements in part C, title I of the 

CAA are not changed by a new NAAQS. 

III. EPA Approach To Review of 

Infrastructure Submissions 

The EPA is proposing to approve 

Alaska’s March 10, 2016, submission as 

meeting certain PM2.5 NAAQS 

infrastructure requirements. Our most 

recent action on an Alaska 

infrastructure submission was 

published on May 12, 2017 (82 FR 

22081). In the preamble of the action, 

we published a discussion of the EPA’s 

overall approach to review of these 

types of submissions. Please see our July 

20, 2016, proposed rule for this 

discussion (81 FR 47103, at page 47104). 

IV. EPA Evaluation 

110(a)(2)(A): Emission Limits and Other 

Control Measures 

CAA section 110(a)(2)(A) requires 

SIPs to include enforceable emission 

limits and other control measures, 

means or techniques (including 

economic incentives such as fees, 

marketable permits, and auctions of 

emissions rights), as well as schedules 

and timetables for compliance, as may 

be necessary or appropriate to meet the 

applicable requirements of the CAA. 

State submission: The submission 

cites regulations set forth at Alaska 

Administrative Code Title 18 

Environmental Conservation, Chapter 

50 Air Quality Control (18 AAC 50). The 

relevant regulations are listed below: 

• 18 AAC 50.010: Ambient Air 

Quality Standards. 

• 18 AAC 50.015: Air Quality 

Designations, Classifications, and 

Control Regions. 


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• 18 AAC 50.040: Federal Standards 

Adopted by Reference. 

• 18 AAC 50.050: Incinerator 

Emission Standards. 

• 18 AAC 50.055: Industrial Processes 

and Fuel Burning Equipment. 

• 18 AAC 50.065: Open Burning. 

• 18 AAC 50.070: Marine Vessel 

Visible Emission Standards. 

• 18 AAC 50.075: Solid Fuel-Fired 

Heating Device Visible Emission 

Standards. 

• 18 AAC 50.076: Solid Fuel-Fired 

Heating Device Fuel Requirements; 

Registration of Commercial Wood 

Sellers. 

• 18 AAC 50.077: Standards for 

Wood-Fired Heating Devices. 

• 18 AAC 50.301: Permit Continuity. 

• 18 AAC 50.302: Construction 

Permits. 

• 18 AAC 50.306: Prevention of 

Significant Deterioration (PSD) Permits. 

• 18 AAC 50.345: Construction, 

Minor and Operating Permits: Standard 

Permit Conditions. 

• 18 AAC 50.502: Minor Permits for 

Air Quality Protection. 

• 18 AAC 50.508: Minor Permits 

Requested by the Owner or Operator. 

• 18 AAC 50.540: Minor Permit: 

Application. 

• 18 AAC 50.542: Minor Permit 

Review and Issuance. 

• 18 AAC 50.544: Minor Permits: 

Content. 

• 18 AAC 50.546: Minor Permits: 

Revisions. 

• 18 AAC 50.560: General Minor 

Permits. 

EPA analysis: Alaska regulates 

emissions of PM2.5 (and nitrogen oxides 

(NOX) and sulfur dioxide (SO2) as 

precursors to PM2.5) through its SIPapproved major and minor new source 

review (NSR) permitting programs, and 

other rules described below. The EPA 

recently approved numerous revisions 

to the Alaska SIP, including updates to 

18 AAC 50.010 Ambient Air Quality 

Standards to reflect the most recent 

NAAQS revisions—the 2012 PM2.5 and 

2015 ozone NAAQS (82 FR 42457, 

September 8, 2017; 82 FR 40712, August 

28, 2017). As a result, Alaska’s ambient 

air quality standards in 18 AAC 50.010 

are up-to-date with current NAAQS. 

Alaska has no areas designated 

nonattainment for the 2012 PM2.5

NAAQS. We note, however, that the 

EPA does not consider SIP requirements 

triggered by the nonattainment area 

mandates in part D, title I of the CAA 

to be governed by the submission 

deadline of CAA section 110(a)(1). 

Regulations and other control measures 

for purposes of attainment planning 

under part D, title I of the CAA are due 

on a different schedule than 

infrastructure SIPs. 

Alaska’s major NSR permitting rules 

in 18 AAC Chapter 50, Article 3 for 

attainment and unclassifiable areas, 

generally rely on the federal PSD 

program regulations at 40 CFR 51.166 

and 40 CFR 52.21, which are 

incorporated by reference into the 

Alaska SIP, to implement its SIPapproved PSD permitting program. The 

EPA most recently approved revisions 

to Alaska’s PSD rules on August 28, 

2017 (82 FR 40712). The current Alaska 

SIP-approved PSD program incorporates 

by reference specific regulations at 40 

CFR 52.21 and 40 CFR 51.166 as of 

December 28, 2015. 

Alaska regulates minor stationary 

sources of PM2.5 and precursors through 

its federally-approved minor NSR 

permitting program. Alaska’s minor 

NSR rules in 18 AAC Chapter 50, 

Article 5 were originally approved into 

the SIP on July 5, 1983, and the state has 

made updates and revisions to the 

program since then. The EPA most 

recently approved substantive revisions 

to the Alaska minor NSR rules on 

September 19, 2014 (79 FR 56268) and 

August 28, 2017 (82 FR 40712). 

In addition to permitting 

requirements, Alaska’s SIP contains 

rules that limit particulate matter 

emissions. These controls include 

incinerator emission standards, 

emission limits for specific industrial 

processes and fuel burning equipment, 

open burning restrictions, visible 

emission limits on marine vessel 

emissions, and requirements for 

installing and operating solid fuel-fired 

devices. Therefore, we are proposing to 

approve the Alaska SIP as meeting the 

requirements of CAA section 

110(a)(2)(A) for the 2012 PM2.5 NAAQS. 

110(a)(2)(B): Ambient Air Quality 

Monitoring/Data System 

CAA section 110(a)(2)(B) requires 

SIPs to include provisions to provide for 

the establishment and operation of 

ambient air quality monitors, collecting 

and analyzing ambient air quality data, 

and making these data available to the 

EPA upon request. 

State submission: The submission 

references Alaska statutory and 

regulatory authority to conduct ambient 

air monitoring investigations. Alaska 

Statutes (AS) 46.03.020 Powers of the 

department paragraph (5) provides 

authority to undertake studies, 

inquiries, surveys, or analyses essential 

to the accomplishment of the purposes 

of ADEC. AS 46.14.180 Monitoring 

provides authority to require sources to 

monitor emissions and ambient air 

quality to demonstrate compliance with 

applicable permit program 

requirements. 18 AAC 50.201 Ambient 

Air Quality Investigation provides 

authority to require a source to do 

emissions testing, reduce emissions, and 

apply controls to sources. 

The submission references ADEC’s 

revised Quality Assurance Project Plan 

for the State of Alaska Air Monitoring 

and Quality Assurance Program, 

adopted by reference into the State Air 

Quality Control Plan at 18 AAC 

50.030(4). Validated State & Local Air 

Monitoring Stations, and Special 

Purpose Monitoring ambient air quality 

monitoring data are verified, and then 

electronically reported to the EPA 

through the Air Quality System on a 

quarterly basis. The submission also 

references the adoption of the federal 

reference and interpretation methods for 

PM2.5. These methods are used by ADEC 

in its ambient air quality monitoring 

program to determine compliance with 

the standards. 

EPA analysis: A comprehensive air 

quality monitoring plan to meet CAA 

monitoring requirements was originally 

submitted by Alaska on January 18, 

1980 (40 CFR 52.70) and approved by 

the EPA on April 15, 1981 (46 FR 

21994). The plan includes statutory and 

regulatory authority to establish and 

operate an air quality monitoring 

network, including PM2.5 monitoring. 

Alaska’s SIP-approved regulations in 18 

AAC 50 Article 2 govern source-specific 

monitoring and emissions testing for 

PM2.5 in accordance with federal 

reference methods. Alaska regularly 

assesses the adequacy of the state 

monitoring network and submits that 

assessment to the EPA for review. In 

practice, Alaska operates a 

comprehensive PM2.5 monitoring 

network, compiles and analyzes 

collected data, and submits the data to 

the EPA’s Air Quality System on a 

quarterly basis. We are therefore 

proposing to approve the Alaska SIP as 

meeting the requirements of CAA 

section 110(a)(2)(B) for the 2012 PM2.5

NAAQS. 

110(a)(2)(C): Program for Enforcement 

of Control Measures 

CAA section 110(a)(2)(C) requires 

states to include a program providing 

for enforcement of all SIP measures and 

the regulation of construction of new or 

modified stationary sources, including a 

program to meet PSD and 

nonattainment NSR requirements. 

State submission: With respect to 

enforcement, the submission states that 

a violation of the prohibitions in the 

regulations above, or any permit 

condition, can result in civil actions (AS 

46.03.760 Civil action for pollution; 

damages), administrative penalties (AS 

46.03.761 Administrative penalties), or 


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3104 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Proposed Rules 

criminal penalties (AS 46.03.790 

Criminal penalties). In addition, the 

submission references compliance order 

and enforcement proceeding provisions 

found at 18 AAC Chapter 95 

Administrative Enforcement. 

With respect to construction of new 

and modified stationary sources, the 

submission points to ADEC’s statutory 

authority established in AS 46.14 Air 

Quality Control, Article 01 General 

Regulations and Classifications and 

Article 02 Emission Control Permit 

Program. The submission states that 

ADEC’s PSD/NSR programs were 

originally approved by the EPA on 

February 16, 1995 (60 FR 8943), and 

revisions to the program were approved 

in 2007, 2011, and 2015. Alaska’s 

regulations for construction of new and 

modified major sources in attainment 

and unclassifiable areas (PSD) are found 

at 18 AAC 50.306, and those for 

nonattainment areas (nonattainment 

NSR) are found at 18 AAC 50.311. 

Minor stationary sources are permitted 

via minor NSR regulations in 18 AAC 50 

Article 5. 

EPA analysis: We are proposing to 

find that Alaska statute provides ADEC 

authority to enforce air quality 

regulations, permits, and orders 

promulgated pursuant to AS 46.03 and 

AS 46.14. ADEC staffs and maintains an 

enforcement program to ensure 

compliance with SIP requirements. 

ADEC has emergency order authority 

when there is an imminent or present 

danger to health or welfare or potential 

for irreversible or irreparable damage to 

natural resources or the environment. 

Enforcement cases may be referred to 

the State Department of Law. Therefore, 

we are proposing to approve the Alaska 

SIP as meeting the requirements of CAA 

section 110(a)(2)(C) related to 

enforcement for the 2012 PM2.5 NAAQS. 

To generally meet the requirements of 

CAA section 110(a)(2)(C) for regulation 

of construction of new or modified 

stationary sources, states are required to 

have PSD, nonattainment NSR, and 

minor NSR permitting programs 

adequate to implement the 2012 PM2.5

NAAQS. As explained above, we are not 

evaluating nonattainment related 

provisions, such as the nonattainment 

NSR program required by part D, title I 

of the CAA. 

For the PSD portion of element 

110(a)(2)(C) (as well as for the PSD 

portions of elements (D)(i)(II) and (J)) 

the EPA interprets the CAA to require 

an infrastructure submission that 

demonstrates a complete PSD 

permitting program meeting current 

requirements for all regulated NSR 

pollutants. Alaska has a SIP-approved 

PSD program that incorporates by 

reference certain federal PSD program 

requirements at 40 CFR 52.21 and 40 

CFR 51.166. We most recently approved 

updates to the program on August 28, 

2017 (82 FR 40712). The Alaska PSD 

rules meet current requirements for all 

regulated NSR pollutants—we are 

therefore proposing to approve element 

110(a)(2)(C) for PSD. 

Turning to the minor NSR 

requirement, the EPA originally 

approved Alaska’s minor NSR program 

into the SIP on July 5, 1983 as meeting 

federal minor NSR requirements at 40 

CFR 51.160 through 40 CFR 51.164 (48 

FR 30623). Over the years, we have 

approved revisions to the program as 

consistent with the CAA and federal 

minor NSR requirements, most recently 

on August 28, 2017 (82 FR 40712). We 

have determined that the program 

regulates construction of new and 

modified minor sources for purposes of 

the 2012 PM2.5 NAAQS consistent with 

CAA requirements. Therefore, we are 

proposing to approve the Alaska SIP as 

meeting the requirements of CAA 

section 110(a)(2)(C) for the 2012 PM2.5

NAAQS. 

110(a)(2)(D)(i): Interstate Transport 

CAA section 110(a)(2)(D)(i) requires 

state SIPs to include provisions 

prohibiting any source or other type of 

emissions activity in one state from 

contributing significantly to 

nonattainment, or interfering with 

maintenance of the NAAQS in another 

state (CAA section 110(a)(2)(D)(i)(I)). 

Further, this section requires state SIPs 

to include provisions prohibiting any 

source or other type of emissions 

activity in one state from interfering 

with measures required to prevent 

significant deterioration (PSD) of air 

quality, or from interfering with 

measures required to protect visibility 

(i.e. measures to address regional haze) 

in any state (CAA section 

110(a)(2)(D)(i)(II)). 

State submission: Alaska’s March 10, 

2016, submission addresses 

110(a)(2)(D)(i)(I) for the 2012 PM2.5

NAAQS, however, we intend to evaluate 

the requirement in a separate, future 

action. For purposes of CAA section 

110(a)(2)(D)(i)(II), the submission 

references the Alaska SIP-approved PSD 

program and the Alaska Regional Haze 

Plan. 

EPA analysis: CAA section 

110(a)(2)(D)(i)(II) requires state SIPs to 

contain adequate provisions prohibiting 

emissions which will interfere with any 

other state’s required measures to 

prevent significant deterioration (PSD) 

of its air quality (prong 3), and adequate 

provisions prohibiting emissions which 

will interfere with any other state’s 

required measures to protect visibility 

(prong 4). As noted above for section 

110(a)(2)(C), Alaska’s SIP-approved PSD 

program, last revised on August 28, 

2017, incorporates by reference current 

federal PSD requirements (82 FR 40712). 

We are therefore proposing to approve 

the Alaska SIP as meeting the 

requirements of CAA section 

110(a)(2)(D)(i)(II) with respect to PSD 

(prong 3) for the 2012 PM2.5 NAAQS. 

To address whether emissions from 

sources in Alaska interfere with any 

other state’s required measures to 

protect visibility, the submission 

references the Alaska regional haze SIP, 

submitted on March 29, 2011, and 

approved by the EPA on February 14, 

2013 (78 FR 10546). The EPA believes, 

as noted in the 2013 Guidance, that with 

respect to the 110(a)(2)(D)(i)(II), where a 

state’s regional haze SIP has been 

approved as meeting all current 

obligations, a state may rely upon those 

provisions in support of its 

demonstration for the visibility subelement. Because the Alaska regional 

haze SIP was found to meet federal 

requirements, we are proposing to 

approve the Alaska SIP as meeting the 

requirements of CAA section 

110(a)(2)(D)(i)(II) as it applies to 

visibility for the 2012 PM2.5 NAAQS 

(prong 4). 

110(a)(2)(D)(ii): Interstate and 

International Transport Provisions 

CAA section 110(a)(2)(D)(ii) requires 

SIPs to include provisions ensuring 

compliance with the applicable 

requirements of CAA sections 126 and 

115 (relating to interstate and 

international pollution abatement). CAA 

section 126 requires notification to 

neighboring states of potential impacts 

from a new or modified major stationary 

source, and specifies how a state may 

petition the EPA when a major source 

or group of stationary sources in a state 

is thought to contribute to certain 

pollution problems in another state. 

CAA section 115 governs the process for 

addressing air pollutants emitted in the 

United States that cause or contribute to 

air pollution that may reasonably be 

anticipated to endanger public health or 

welfare in a foreign country. 

State submission: The submission 

references Alaska’s SIP-approved PSD 

program and certifies that Alaska has no 

pending obligations under CAA section 

115 or 126. 

EPA analysis: At 18 AAC 50.306(b), 

Alaska’s PSD program incorporates by 

reference the general provisions of 40 

CFR 51.166(q)(2) to describe the public 

participation procedures for PSD 

permits, including requiring notice to 

states whose lands may be affected by 


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the emissions of sources subject to PSD. 

As a result, Alaska’s PSD regulations 

provide for notice consistent with CAA 

section 126(a) and federal requirements. 

We confirm that Alaska has no pending 

obligations under section 115 or 126(b) 

of the CAA. Therefore, we are proposing 

to approve the Alaska SIP as meeting 

the requirements of CAA section 

110(a)(2)(D)(ii) for the 2012 PM2.5

NAAQS. 

110(a)(2)(E): Adequate Resources 

CAA section 110(a)(2)(E) requires 

each state to provide (i) necessary 

assurances that the state will have 

adequate personnel, funding, and 

authority under state law to carry out 

the SIP (and is not prohibited by any 

provision of federal or state law from 

carrying out the SIP or portion thereof), 

(ii) requirements that the state comply 

with the requirements respecting state 

boards under CAA section 128 and (iii) 

necessary assurances that, where the 

state has relied on a local or regional 

government, agency, or instrumentality 

for the implementation of any SIP 

provision, the state has responsibility 

for ensuring adequate implementation 

of such SIP provision. 

State submission: The submission 

asserts that ADEC maintains adequate 

personnel, funding, and authority to 

implement the SIP. The submission 

refers to AS 46.14.030 State Air Quality 

Control Plan which provides ADEC 

statutory authority to act for the state 

and adopt regulations necessary to 

implement the state air plan. The 

submission also references 18 AAC 

50.030 State Air Quality Control Plan 

which provides regulatory authority to 

implement and enforce the SIP. 

With respect to CAA section 

110(a)(2)(E)(ii), Alaska’s regulations on 

conflict of interest are found in Title 2 

Administration, Chapter 50 Alaska 

Public Offices Commission: Conflict of 

Interest, Campaign Disclosure, 

Legislative Financial Disclosure, and 

Regulations of Lobbying (2 AAC 50.010– 

2 AAC 50.920). Regulations concerning 

financial disclosure are found in Title 2, 

Chapter 50, Article 1—Public Official 

Financial Disclosure. These regulations 

were previously adopted and approved 

into the SIP. There are no state air 

quality boards in Alaska. The ADEC 

commissioner, however, as an 

appointed official and the head of an 

executive agency, is required to file a 

financial disclosure statement annually 

with the Alaska Public Offices 

Commission (APOC). These disclosures 

are publically available through APOC’s 

Anchorage office. 

With respect to CAA section 

110(a)(2)(E)(iii) and assurances that the 

state has responsibility for ensuring 

adequate implementation of the plan 

where the state has relied on local or 

regional government agencies, the 

submission references statutory 

authority and requirements for 

establishing local air pollution control 

programs found at AS 46.14.400 Local 

air quality control programs. 

The submission also states that ADEC 

provides technical assistance and 

regulatory oversight to the Municipality 

of Anchorage, Fairbanks North Star 

Borough, and other local jurisdictions to 

ensure that the State Air Quality Control 

Plan and SIP objectives are satisfactorily 

carried out. ADEC has a Memorandum 

of Understanding with the Municipality 

of Anchorage and Fairbanks North Star 

Borough that allows the local entities to 

operate air quality control programs in 

their respective jurisdictions. The South 

Central Clean Air Authority has been 

established to aid the Municipality of 

Anchorage and the Matanuska-Susitna 

Borough in pursuing joint efforts to 

control emissions and improve air 

quality in the air-shed common to the 

two jurisdictions. 

EPA analysis: We are proposing to 

find that the Alaska SIP meets the 

adequate personnel, funding and 

authority requirements of CAA section 

110(a)(2)(E)(i). Alaska receives sections 

103 and 105 grant funds from the EPA 

and provides matching funds necessary 

to carry out SIP requirements. For 

purposes of CAA section 110(a)(2)(E)(ii), 

we previously approved Alaska’s 

conflict of interest disclosure and ethics 

regulations as meeting the requirements 

of CAA section 128 on October 22, 2012 

(77 FR 64427). Finally, we are proposing 

to find that Alaska has provided 

necessary assurances that, where the 

state has relied on a local or regional 

government, agency, or instrumentality 

for the implementation of any SIP 

provision, the state has responsibility 

for ensuring adequate implementation 

of the SIP as required by CAA section 

110(a)(2)(E)(iii). Therefore, we are 

proposing to approve the Alaska SIP as 

meeting the requirements of CAA 

section 110(a)(2)(E) for the 2012 PM2.5

NAAQS. 

110(a)(2)(F): Stationary Source 

Monitoring System 

CAA section 110(a)(2)(F) requires (i) 

the installation, maintenance, and 

replacement of equipment, and the 

implementation of other necessary 

steps, by owners or operators of 

stationary sources to monitor emissions 

from such sources, (ii) periodic reports 

on the nature and amounts of emissions 

and emissions-related data from such 

sources, and (iii) correlation of such 

reports by the state agency with any 

emission limitations or standards 

established pursuant to the CAA, which 

reports shall be available at reasonable 

times for public inspection. 

State submission: The submission 

states that ADEC has general statutory 

authority in AS 46.14 Air Quality 

Control to regulate stationary sources 

via an air permitting program which 

includes permit reporting requirements, 

completeness determinations, 

administrative actions, and stack source 

monitoring requirements. The 

submission states ADEC has regulatory 

authority to determine compliance with 

these statutes via information requests 

(18 AAC 50.200) and ambient air quality 

investigations (18 AAC 50.201). 

Monitoring protocols and test methods 

for stationary sources are adopted by 

reference, including the federal 

reference and interpretation methods for 

PM2.5. The submission also references 

the SIP-approved Alaska PSD program. 

Ambient air quality and meteorological 

data that are collected for PSD purposes 

by stationary sources are reported to 

ADEC on a quarterly and annual basis. 

EPA analysis: The Alaska SIP 

establishes compliance requirements for 

sources subject to major and minor 

source permitting to monitor emissions, 

keep and report records, and collect 

ambient air monitoring data. 18 AAC 

50.200 Information Requests provides 

ADEC authority to issue information 

requests to an owner, operator, or 

permittee for purposes of ascertaining 

compliance. 18 AAC 50.201 Ambient 

Air Quality Investigations provides 

authority to require an owner, operator, 

or permittee to evaluate the effect 

emissions from the source have on 

ambient air quality. In addition, 18 AAC 

50.306 Prevention of Significant 

Deterioration Permits and 18 AAC 

50.544 Minor Permits: Content provide 

for establishing permit conditions to 

require the permittee to install, use and 

maintain monitoring equipment, sample 

emissions, provide source test reports, 

monitoring data, emissions data, and 

information from analysis, keep records 

and make periodic reports on process 

operations and emissions. This 

information is made available to the 

public through public processes 

outlined in these SIP-approved rules. 

Additionally, states are required to 

submit emissions data to the EPA for 

purposes of the National Emissions 

Inventory (NEI). The NEI is the EPA’s 

central repository for air emissions data. 

All states are required to submit a 

comprehensive emissions inventory 

every three years and report emissions 

for certain larger sources annually 

through the EPA’s online Emissions 


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Inventory System. As required, Alaska 

reports emissions data for the six 

criteria pollutants and their associated 

precursors—nitrogen oxides, sulfur 

dioxide, ammonia, lead, carbon 

monoxide, particulate matter, and 

volatile organic compounds. The EPA 

compiles the emissions data, 

supplementing it where necessary, and 

releases it to the general public through 

the website https://www.epa.gov/airemissions-inventories. Based on the 

above analysis, we are proposing to 

approve the Alaska SIP as meeting the 

requirements of CAA section 

110(a)(2)(F) for the 2012 PM2.5 NAAQS. 

110(a)(2)(G): Emergency Episodes 

CAA section 110(a)(2)(G) requires 

states to provide for authority to address 

activities causing imminent and 

substantial endangerment to public 

health, including contingency plans to 

implement the emergency episode 

provisions in their SIPs. 

State submission: We note that 

Alaska’s submission addresses not only 

the 2012 PM2.5 NAAQS for this element, 

but also the 1997 and 2006 PM2.5

NAAQS. Alaska cites statutory authority 

including AS 46.03.820 Emergency 

powers which provides ADEC with 

emergency order authority where there 

is an imminent or present danger to the 

health or welfare of the people of the 

state or would result in or be likely to 

result in irreversible or irreparable 

damage to the natural resources or 

environment. The submission references 

18 AAC 50.246 Air Quality Episodes 

and Advisories for PM2.5 which 

authorizes ADEC to declare an air alert, 

air warning, or air advisory to notify the 

public and prescribe and publicize 

curtailment action, including 

restrictions on open burning under 18 

AAC 50.065 and limits on visible 

emissions from solid fuel-fired heating 

devices under 18 AAC 50.075. The 

submission states that ADEC has also 

worked with the Fairbanks North Star 

Borough (FNSB) to develop an 

emergency episode plan for PM2.5

applicable in the FNSB area. This plan 

was adopted into the state plan at 18 

AAC 50.030. 

EPA analysis: Section 303 of the CAA 

provides authority to the EPA 

Administrator to restrain any source 

from causing or contributing to 

emissions which present an ‘‘imminent 

and substantial endangerment to public 

health or welfare, or the environment.’’ 

The EPA finds that AS 46.03.820 

Emergency Powers provides emergency 

order authority comparable to CAA 

Section 303. We also find that Alaska’s 

emergency episode rule at 18 AAC 

50.246 Air Quality Episodes and 

Advisories for PM2.5, in conjunction 

with 18 AAC 50.065 Open Burning and 

18 AAC 50.075 Solid Fuel-Fired Device 

Visible Emission Standards, most 

recently approved by the EPA on 

September 8, 2017 (82 FR 40712), are 

consistent with the requirements of 40 

CFR part 51 subpart H for PM2.5

(prevention of air pollution emergency 

episodes, sections 51.150 through 

51.153). Based on the foregoing, we are 

proposing to approve the Alaska SIP as 

meeting the requirements of CAA 

section 110(a)(2)(G) for the 1997, 2006, 

and 2012 PM2.5 NAAQS. 

110(a)(2)(H): Future SIP Revisions 

CAA section 110(a)(2)(H) requires that 

SIPs provide for revision of the plan (i) 

from time to time as may be necessary 

to take account of revisions of a national 

primary or secondary ambient air 

quality standard or the availability of 

improved or more expeditious methods 

of attaining the standard, and (ii), except 

as provided in paragraph 110(a)(3)(C), 

whenever the Administrator finds that 

the SIP is substantially inadequate to 

attain the NAAQS which it implements 

or to otherwise comply with any 

additional requirements under the CAA. 

State submission: The submission 

refers to statutory authority to adopt 

regulations in order to implement the 

CAA and the state air quality control 

program at AS 46.03.020(10)(A) Powers 

of the Department and AS 46.14.010(a) 

Emission Control Regulations. 

EPA analysis: As cited above, the 

Alaska SIP provides for revisions, and 

in practice, Alaska regularly submits SIP 

revisions to the EPA to take into account 

changes to the NAAQS and other 

requirements. We have taken action on 

revisions to the Alaska SIP on many 

occasions in the past, most recently on 

September 8, 2017 (82 FR 42457), 

August 28, 2017 (82 FR 40712), May 19, 

2016 (81 FR 31511), March 18, 2015 (80 

FR 14038), and September 19, 2014 (79 

FR 56268). We are proposing to approve 

the Alaska SIP as meeting the 

requirements of CAA section 

110(a)(2)(H) for the 2012 PM2.5 NAAQS. 

110(a)(2)(I): Nonattainment Area Plan 

Revision Under Part D 

EPA analysis: There are two elements 

identified in CAA section 110(a)(2) not 

governed by the three-year submission 

deadline of CAA section 110(a)(1), 

because SIPs incorporating necessary 

local nonattainment area controls are 

due on a different timeline, pursuant to 

section 172 and the various pollutant 

specific subparts 2 through 5 of part D. 

As a result, this action does not address 

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

nonattainment NSR or CAA section 

110(a)(2)(I). 

110(a)(2)(J): Consultation With 

Government Officials 

CAA section 110(a)(2)(J) requires 

states to provide a process for 

consultation with local governments 

and federal land managers with respect 

to NAAQS implementation 

requirements pursuant to section 121. 

CAA section 110(a)(2)(J) further requires 

states to notify the public if NAAQS are 

exceeded in an area and to enhance 

public awareness of measures that can 

be taken to prevent exceedances. Lastly, 

CAA section 110(a)(2)(J) requires states 

to meet applicable requirements of part 

C, title I of the CAA related to 

prevention of significant deterioration 

and visibility protection. 

State submission: The submission 

refers to statutory authority to consult 

and cooperate with officials of local 

governments, state and federal agencies, 

and non-profit groups found at AS 

46.030.020 Powers of the department 

paragraphs (3) and (8). The submission 

states that municipalities and local air 

quality districts seeking approval for a 

local air quality control program shall 

enter into a cooperative agreement with 

ADEC according to AS 46.14.400 Local 

air quality control programs, paragraph 

(d). ADEC can adopt new CAA 

regulations only after a public hearing 

as per AS 46.14.010 Emission control 

regulations, paragraph (a). In addition, 

the submission notes that public notice 

and public hearing regulations for SIP 

submission and air quality discharge 

permits are found at 18 AAC 15.050 and 

18 AAC 15.060. Finally, the submission 

also references the SIP-approved Alaska 

PSD program. 

EPA analysis: The EPA finds that the 

Alaska SIP, including the Alaska rules 

for major source permitting, contains 

provisions for consulting with 

government officials as specified in 

CAA section 121. Alaska’s PSD program 

provides opportunity and procedures 

for public comment and notice to 

appropriate federal, state and local 

agencies. We most recently approved 

updates to the Alaska PSD program on 

August 28, 2017 (82 FR 40712). In 

addition, we most recently approved the 

Alaska rules that define transportation 

conformity consultation on September 

8, 2015 (80 FR 53735) and regional haze 

interagency planning on February 14, 

2013, (78 FR 10546). 

ADEC routinely coordinates with 

local governments, states, federal land 

managers and other stakeholders on air 

quality issues including transportation 

conformity and regional haze, and 

provides notice to appropriate agencies 


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related to permitting actions. Alaska 

regularly participates in regional 

planning processes including the 

Western Regional Air Partnership, 

which is a voluntary partnership of 

states, tribes, federal land managers, 

local air agencies and the EPA, whose 

purpose is to understand current and 

evolving regional air quality issues in 

the West. Therefore, we are proposing to 

approve the Alaska SIP as meeting the 

requirements of CAA section 110(a)(2)(J) 

for consultation with government 

officials for the 2012 PM2.5 NAAQS. 

Section 110(a)(2)(J) also requires the 

public to be notified if NAAQS are 

exceeded in an area and to enhance 

public awareness of measures that can 

be taken to prevent exceedances. ADEC 

is a partner in the EPA’s AIRNOW and 

Enviroflash Air Quality Alert programs, 

which provide air quality information to 

the public for five major air pollutants 

regulated by the CAA: Ground-level 

ozone, particulate matter, carbon 

monoxide, sulfur dioxide, and nitrogen 

dioxide. Alaska also provides real-time 

air monitoring information to the public 

on the ADEC air quality website, in 

addition to air advisory information. 

During the summer months, the 

Fairbanks North Star Borough prepares 

a weekly Air Quality forecast for the 

Fairbanks area on its website. We are 

proposing to approve the Alaska SIP as 

meeting the requirements of CAA 

section 110(a)(2)(J) for public 

notification for the 2012 PM2.5 NAAQS. 

Turning to the requirement in CAA 

section 110(a)(2)(J) that the SIP meet the 

applicable requirements of part C of title 

I of the CAA, we have evaluated this 

requirement in the context of CAA 

section 110(a)(2)(C) and permitting. The 

EPA most recently approved updates to 

Alaska’s PSD program on August 28, 

2017 (82 FR 40712). As discussed in 

section 110(a)(2)(C), the program meets 

current federal requirements. Therefore, 

we are proposing to approve the Alaska 

SIP as meeting the requirements of CAA 

section 110(a)(2)(J) for PSD for the 2012 

PM2.5 NAAQS. 

With respect to visibility protection 

under element (J), the EPA recognizes 

that states are subject to visibility and 

regional haze program requirements 

under part C of the CAA. In the event 

of the establishment of a new NAAQS, 

however, the visibility and regional 

haze program requirements under part C 

do not change. Thus we find that there 

is no new applicable requirement 

related to visibility triggered under CAA 

section 110(a)(2)(J) when a new NAAQS 

becomes effective. Based on the analysis 

above, we are proposing to approve the 

Alaska SIP as meeting the requirements 

of CAA section 110(a)(2)(J) for the 2012 

PM2.5 NAAQS. 

110(a)(2)(K): Air Quality Modeling/Data 

CAA section 110(a)(2)(K) requires that 

SIPs provide for (i) the performance of 

air quality modeling as the 

Administrator may prescribe for the 

purpose of predicting the effect on 

ambient air quality of any emissions of 

any air pollutant for which the 

Administrator has established a 

NAAQS, and (ii) the submission, upon 

request, of data related to such air 

quality modeling to the Administrator. 

State submission: The submission 

states that air quality modeling is 

regulated under 18 AAC 50.215(b) 

Ambient Air Quality Analysis Methods. 

Estimates of ambient concentrations and 

visibility impairment must be based on 

applicable air quality models, databases, 

and other requirements specified in the 

EPA’s Guideline on Air Quality Models 

are adopted by reference in 18 AAC 

50.040 Federal Standards Adopted by 

Reference. Baseline dates and maximum 

allowable increases are found in Table 

2 and Table 3, respectively, at 18 AAC 

50.020 Baseline Dates and Maximum 

Allowable Increases. 

EPA analysis: On August 28, 2017, we 

approved revisions to 18 AAC 50.215 

Ambient Air Quality Analysis Methods 

and 18 AAC 50.040 Federal Standards 

Adopted by Reference (82 FR 40712). 18 

AAC 50.040, at paragraph (f), 

incorporates by reference the EPA 

regulations at 40 CFR part 51, Appendix 

W Guidelines on Air Quality Models 

revised as of July 1, 2015. Therefore, we 

are proposing to approve the Alaska SIP 

as meeting the requirements of CAA 

section 110(a)(2)(K) for the 2012 PM2.5

NAAQS. 

110(a)(2)(L): Permitting Fees 

CAA section 110(a)(2)(L) directs SIPs 

to require each major stationary source 

to pay permitting fees to cover the cost 

of reviewing, approving, implementing 

and enforcing a permit. 

State submission: The submission 

states that ADEC’s statutory authority to 

assess and collect permit fees is 

established in AS 46.14.240 Permit 

Administration Fees and AS 46.14.250 

Emission Fees. The permit fees for 

stationary sources are assessed and 

collected by the Air Permits Program 

according to 18 AAC 50, Article 4. 

ADEC is required to evaluate emission 

fee rates at least every four years and 

provide a written evaluation of the 

findings (AS 46.14.250(g); 18 AAC 

50.410). 

EPA analysis: The EPA fullyapproved Alaska’s title V program on 

July 26, 2001 (66 FR 38940). While 

Alaska’s operating permit program is 

not formally approved into the SIP, it is 

a legal mechanism the state can use to 

ensure that ADEC has sufficient 

resources to support the air program, 

consistent with the requirements of the 

SIP. Before the EPA can grant full title 

V approval, a state must demonstrate 

the ability to collect adequate fees. The 

Alaska title V program included a 

demonstration the state will collect a fee 

from title V sources above the 

presumptive minimum in accordance 

with 40 CFR 70.9(b)(2)(i). 

In addition, Alaska SIP-approved 

regulations at 18 AAC 50.306(d)(2) and 

18 AAC 50.311(d)(2) require fees for 

purposes of major new source 

permitting as specified in 18 AAC 

50.400 through 18 AAC 50.499. 

Therefore, we are proposing to conclude 

that Alaska has satisfied the 

requirements of CAA section 

110(a)(2)(L) for the 2012 PM2.5 NAAQS. 

110(a)(2)(M): Consultation/Participation 

by Affected Local Entities 

CAA section 110(a)(2)(M) requires 

states to provide for consultation and 

participation in SIP development by 

local political subdivisions affected by 

the SIP. 

State submission: The submission 

asserts ADEC has authority to consult 

and cooperate with officials and 

representatives of any organization in 

the state; and persons, organization, and 

groups, public and private using, served 

by, interested in, or concerned with the 

environment of the state. The 

submission refers to AS 46.030.020 

Powers of the department paragraphs (3) 

and (8) which provide authority to 

ADEC to consult and cooperate with 

affected state and local entities. 

EPA analysis: The EPA finds that the 

Alaska provisions cited above provide 

for local and regional authorities to 

participate and consult in the SIP 

development process. Therefore, we are 

proposing to approve the Alaska SIP as 

meeting the requirements of CAA 

section 110(a)(2)(M) for the 2012 PM2.5

NAAQS. 

V. Proposed Action 

We are proposing to approve the 

Alaska SIP as meeting the following 

CAA section 110(a)(2) infrastructure 

elements for the 2012 PM2.5 NAAQS: 

(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), 

(H), (J), (K), (L), and (M). We are also 

proposing to approve the Alaska SIP as 

meeting CAA section 110(a)(2)(G) for 

the 1997, 2006, and 2012 PM2.5 NAAQS. 


sradovich on DSK3GMQ082PROD with PROPOSALS
3108 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Proposed Rules 

VI. Statutory and Executive Orders 

Review 

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 proposed 

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 proposed 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); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• 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 

Technology Transfer and Advancement 

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

it 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 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, 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: January 11, 2018. 

Chris Hladick, 

Regional Administrator, Region 10. 

[FR Doc. 2018–01165 Filed 1–22–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

RIN 0648–BH36 

Fisheries off West Coast States; Highly 

Migratory Fisheries; Amendment 4 to 

Fishery Management Plan for West 

Coast Highly Migratory Species 

Fisheries (HMS FMP); Revisions to the 

Biennial Management Cycle 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability of an 

amendment to a fishery management 

plan; request for comments. 

SUMMARY: NMFS announces that the 

Pacific Fishery Management Council 

(Council) has submitted Amendment 4 

to the Fishery Management Plan for U.S. 

West Coast Fisheries for Highly 

Migratory Species (HMS FMP) for 

review by the Secretary of Commerce. 

The intent of Amendment 4 is to bring 

descriptions of the management context 

for highly migratory species (HMS) 

fisheries up to date, better describe the 

Council’s role in the process of making 

stock status determinations including 

evaluations of the best scientific 

information available (BSIA), and 

change the schedule of the Council’s 

three-meeting biennial management 

cycle for HMS stocks. The amendment 

is administrative in nature and is not 

expected to affect activities authorized 

under the FMP or their harvest levels. 

DATES: Comments on Amendment 4 

must be submitted received by March 

26, 2018 to be considered in the 

decision whether to approve, 

disapprove, or partially approve 

Amendment 4. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2017–0138, by any of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

http://www.regulations.gov/#!docket

Detail;D=NOAA-NMFS-2017-0138, click 

the ‘‘Comment Now!’’ icon, complete 

the required fields, and enter or attach 

your comments. 

• Mail: Submit written comments to 

Amber.Rhodes@noaa.gov, NMFS West 

Coast Region Long Beach Office, 501 W 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802. Include the identifier 

‘‘NOAA–NMFS–2017–0138’’ in the 

comments. 

Instructions: Comments must be 

submitted by one of the above methods 

to ensure they are received, 

documented, and considered by NMFS. 

Comments sent by any other method, to 

any other address or individual, or 

received after the end of the comment 

period, may not be considered. All 

comments received are a part of the 

public record and will generally be 

posted for public viewing on 

www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.) submitted 

voluntarily by the sender will be 

publicly accessible. Do not submit 

confidential business information, or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

Copies of the draft Amendment 4 and 

other supporting documents are 

available via the Federal eRulemaking 

Portal: http://www.regulations.gov, 

docket NOAA–NMFS–2017–0138, or 

contact Amber Rhodes, NMFS West 

Coast Region, 562–980–3231, 

Amber.Rhodes@noaa.gov or Heidi 

Taylor, NMFS West Coast Region, 562– 

980–4039, Heidi.Taylor@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Amber Rhodes, NMFS, 562–980–3231, 

Amber.Rhodes@noaa.gov or Heidi 

Taylor, NMFS, 562–980–4039, 

Heidi.Taylor@noaa.gov. 

SUPPLEMENTARY INFORMATION: During the 

Council’s 2016 biennial management 

cycle meetings for HMS and 

considerations for recent revisions to 

agency guidelines for National Standard 

1 (81 FR 71858, October 18, 2016), key 


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