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[Federal Register Volume 90, Number 5 (Wednesday, January 8, 2025)]
[Rules and Regulations]
[Pages 1378-1380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30649]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2024-0595; FRL-12391-03-R10]

Interim Final Determination To Defer Sanctions; AK, Fairbanks 
North Star Borough

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final determination.

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SUMMARY: The Environmental Protection Agency (EPA) is making an interim 
final determination that the State of Alaska has submitted state 
implementation plan (SIP) revisions that satisfy outstanding Clean Air 
Act requirements. This interim final determination defers the 
imposition of sanctions for the 2006 24-hour fine particulate matter 
(PM2.5) Fairbanks North Star Borough PM2.5 
nonattainment area. This determination is based on a proposed approval, 
published in the ``Proposed Rules'' section of this Federal Register, 
of the SIP revisions, submitted by the State of Alaska (Alaska or the 
State) on December 4, 2024, to address Clean Air Act requirements for 
the 2006 24-hour PM2.5 national ambient air quality 
standards (NAAQS).

DATES: This interim final determination is effective January 8, 2025. 
However, comments will be accepted until February 7, 2025.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2024-0595, 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

[[Page 1379]]

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: Matthew Jentgen, EPA Region 10, 1200 
Sixth Avenue--Suite 155, Seattle, WA 98101, (206) 553-0340, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, it is intended to refer to the EPA.

I. Background

    In 2009, the EPA designated a portion of the Fairbanks North Star 
Borough as ``nonattainment'' for the 2006 24-hour PM2.5 
NAAQS, which is set at the level of 35 micrograms per cubic meter 
([mu]g/m\3\) (Fairbanks PM2.5 Nonattainment Area) (74 FR 
58688, November 13, 2009). Effective July 2, 2014, the EPA classified 
the area as ``Moderate'' (79 FR 31566, June 2, 2014). Subsequently, 
Alaska submitted, and the EPA approved, a plan to meet the Moderate 
nonattainment area requirements (82 FR 42457, September 8, 2017) 
(Fairbanks Moderate Plan).
    On May 10, 2017, the EPA determined that the Fairbanks 
PM2.5 Nonattainment Area failed to attain the 2006 24-hour 
PM2.5 NAAQS in the area by the outermost statutory Moderate 
area attainment date of December 31, 2015 (82 FR 21711). As a result, 
the Fairbanks PM2.5 Nonattainment Area was reclassified as a 
``Serious'' nonattainment area by operation of law. On September 2, 
2020, the EPA determined that the area failed to attain by the Serious 
area attainment date and denied the State's Serious area attainment 
date extension request (85 FR 54509). As a result, Alaska was required 
to submit a revised SIP submission to meet both the Serious area 
attainment plan requirements and the additional requirements set forth 
in Clean Air Act (CAA or Act) section 189(d) by December 31, 2020.\1\
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    \1\ 40 CFR 51.1003(c).
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    On December 13, 2019, and December 15, 2020, Alaska submitted two 
state implementation plan (SIP) revisions to meet the CAA planning 
requirements for the Serious Fairbanks PM2.5 Nonattainment 
Area. On December 5, 2023, the EPA issued a final rule approving in 
part and disapproving in part these SIP submissions.\2\ Pursuant to 
section 179 of the CAA and the EPA's regulations in the Code of Federal 
Regulations (CFR) at 40 CFR 52.31, our partial disapproval action 
started an 18-month clock for the application of the offset sanction 
and a 24-month clock for the application of the highway sanction, 
beginning on the effective date of our December 5, 2023, action (i.e., 
January 4, 2024), unless the State submits, and the EPA approves, a SIP 
revision or revisions that address the deficiencies that formed the 
basis for the disapproval prior to the expiration of the sanctions 
clocks.
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    \2\ 88 FR 84626, December 5, 2023.
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    On December 4, 2024, Alaska submitted SIP revisions to rectify the 
previously disapproved portions of its SIP submissions for the 
Fairbanks PM2.5 Nonattainment Area (Fairbanks Revised 189(d) 
Plan). In the Proposed Rules section of this Federal Register, we are 
proposing to approve the Fairbanks Revised 189(d) Plan as meeting the 
CAA Serious area and CAA section 189(d) requirements for the Fairbanks 
PM2.5 Nonattainment Area. Pursuant to 40 CFR 52.31(d)(2)(i), 
based on the proposed approval of previously deficient planning 
requirements, we are taking this interim final action to defer the 
imposition of the offset sanctions and the highway sanctions triggered 
by our December 5, 2023, disapproval.
    The EPA is providing the public with an opportunity to comment on 
this deferral of sanctions. If our assessment described in this interim 
final determination and the proposed approval of previously deficient 
planning requirements change on the basis of comments submitted, we 
will take subsequent final action to impose sanctions pursuant to 40 
CFR 52.31(d). All sanctions and sanction clocks related to the December 
5, 2023, disapproval will be permanently terminated on the effective 
date of a full final approval action.

II. EPA Action

    We are making an interim final determination to defer the 
imposition of CAA section 179 sanctions associated with our December 5, 
2023, final rule approving in part and disapproving in part the 
Fairbanks Serious Plan and Fairbanks 189(d) Plan.\3\ This action is 
based on our concurrent proposed approval, in the ``Proposed Rules'' 
section of this Federal Register, of the SIP revisions submitted by 
Alaska on December 4, 2024.\4\
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    \3\ 88 FR 84626, December 5, 2023.
    \4\ See EPA-R10-OAR-2024-0595.
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    Because the EPA has preliminarily determined that Alaska has 
addressed the SIP deficiencies, relief from sanctions designed to 
compel submission of revised SIP elements, should be provided as 
quickly as possible. Therefore, the EPA is invoking the good cause 
exception under the Administrative Procedure Act (APA) in not providing 
an opportunity for comment before this action takes effect (5 U.S.C. 
553(b)(3)). However, by this action the EPA is providing the public 
with a chance to comment on the EPA's determination after the effective 
date, and the EPA will consider any comments received in determining 
whether to reverse such action.
    The EPA believes that notice and comment rulemaking before the 
effective date of this action is impracticable and contrary to the 
public interest. As discussed in detail in the proposed approval of 
Alaska's SIP revisions published in the ``Proposed Rules'' section of 
this Federal Register, the EPA has reviewed the State's revisions and, 
through its proposed action, have proposed to find that the State has 
corrected the deficiencies that started the sanctions clocks. 
Therefore, it is not in the public interest to apply sanctions. The EPA 
believes that it is necessary to use the interim final process to defer 
sanctions while the EPA completes its rulemaking process on the 
approvability of the SIP revisions. Moreover, with respect to the 
effective date of this action, the EPA is invoking the good cause 
exception to the 30-day notice requirement of the APA because the 
purpose of this notice is to relieve a restriction (5 U.S.C. 
553(d)(1)).

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review as Amended by 
Executive Order 14094: Modernizing Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

[[Page 1380]]

B. Paperwork Reduction Act (PRA) (44 U.S.C. 3401 et seq.)

    This action does not impose an information collection burden under 
the PRA. This action defers application of sanctions and imposes no new 
requirements.

C. Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. This action 
defers application of sanctions and imposes no new requirements.

D. Unfunded Mandates Reform Act (UMRA) (Pub. L. 104-4)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have Tribal implications, as specified in 
Executive Order 13175. This action defers application of sanctions and 
imposes no new requirements. In addition, this action does not apply on 
any Indian reservation land or in any other area where the EPA or an 
Indian Tribe has demonstrated that a tribe has jurisdiction, and will 
not impose substantial direct costs on Tribal governments or preempt 
Tribal law. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. This 
action does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on communities with environmental justice 
(EJ) concerns to the greatest extent practicable and permitted by law. 
Executive Order 14096 (Revitalizing Our Nation's Commitment to 
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on 
and supplements Executive Order 12898 and defines EJ as, among other 
things, the just treatment and meaningful involvement of all people, 
regardless of income, race, color, national origin, or Tribal 
affiliation, or disability in agency decision-making and other Federal 
activities that affect human health and the environment.''
    The air agency did not evaluate EJ considerations as part of its 
SIP submission; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. The EPA did not perform an EJ 
analysis and did not consider EJ in this action. Consideration of EJ is 
not required as part of this action, and there is no information in the 
record inconsistent with the stated goal of Executive Order 12898/14096 
of achieving EJ for communities with EJ concerns.

K. Congressional Review Act (CRA) (5 U.S.C. 801 et seq.)

    This action is subject to the Congressional Review Act (CRA), and 
the EPA will submit a rule report to each House of the Congress and to 
the Comptroller General of the United States. The CRA allows the 
issuing agency to make a rule effective sooner than otherwise provided 
by the CRA if the agency makes a good cause finding that notice and 
comment rulemaking procedures are impracticable, unnecessary, or 
contrary to the public interest (5 U.S.C. 808(2)). The EPA has made a 
good cause finding for this action as discussed in section II of this 
preamble, including the basis for that finding.
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 10, 2025. Filing a petition for 
reconsideration by the EPA Administrator of this action does not affect 
the finality of this action for the purpose of judicial review nor does 
it extend the time within which 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 CAA section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: December 17, 2024.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2024-30649 Filed 1-7-25; 8:45 am]
BILLING CODE 6560-50-P
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