Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Rules and Regulations 60955 

and the Robert A. Young Federal 

Building, Room 2.107F, 1222 Spruce 

Street, St. Louis, MO 63103–2832, 

between 8 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on the rule, call 

Roger K. Wiebusch, Bridge 

Administrator, 314–269–2378. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, 202–366–9826. 

SUPPLEMENTARY INFORMATION: CSX 

Transportation Inc. requested a 

temporary deviation for the Louisville 

and Nashville Railroad Drawbridge, 

mile 190.4, at Nashville, Tennessee, 

across the Cumberland River to close 

the bridge to navigation. The Louisville 

and Nashville Railroad Drawbridge 

currently operates in accordance with 

33 CFR 117.5, which states the general 

requirement that drawbridges shall open 

promptly and fully for the passage of 

vessels when a request to open is given 

in accordance with the subpart. In order 

to meet the bridge owner’s request the 

deviation period is 7 a.m. to 7 p.m., 

November 17–20, 2008 for the draw 

span to remain in the closed-tonavigation position. 

There are no alternate routes for 

vessels transiting this section of the 

Cumberland River. The bridge has a 

vertical clearance of 47 feet above 

normal pool in the closed-to-navigation 

position. Navigation on the waterway 

consists primarily of commercial tows, 

barge fleeter, and recreational 

watercraft. The majority of vessels can 

pass under the bridge in the closed 

position. On average there may be no 

more than two openings during a week. 

This temporary deviation has been 

coordinated with waterway users and 

no objections were raised. 

In accordance with 33 CFR 117.35(e), 

the drawbridge shall return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: September 30, 2008. 

Roger K. Wiebusch, 

Bridge Administrator. 

[FR Doc. E8–24522 Filed 10–14–08; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2008–0166; FRL–8728–1] 

Approval and Promulgation of 

Implementation Plans; Alaska; 

Interstate Transport of Pollution 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving the actions 

of the Alaska Department of 

Environmental Conservation (ADEC) to 

address the provisions of Clean Air Act 

section 110(a)(2)(D)(i) for the 8-hour 

ozone and PM2.5 National Ambient Air 

Quality Standards (NAAQS). These 

provisions require each state to submit 

a State Implementation Plan (SIP) 

revision that prohibits emissions that 

adversely affect another state’s air 

quality through interstate transport. 

ADEC has adequately addressed the four 

distinct elements related to the impact 

of interstate transport of air pollutants 

for the state of Alaska. These include 

prohibiting emissions that contribute 

significantly to nonattainment of the 

NAAQS in another state, interfere with 

maintenance of the NAAQS by another 

state, interfere with plans in another 

state to prevent significant deterioration 

of air quality, or interfere with efforts of 

another state to protect visibility. 

DATES: This direct final rule will be 

effective December 15, 2008, without 

further notice, unless EPA receives 

adverse comment by November 14, 

2008. If adverse comment is received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2008–0166, by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: R10- 

Public_Comments@epa.gov. 

C. Mail: Donna Deneen, Office of Air, 

Waste and Toxics, AWT–107, EPA, 

Region 10, 1200 Sixth Ave., Suite 900, 

Seattle, Washington 98101. 

D. Hand Delivery or Courier: EPA, 

Region 10 Mail Room, 9th Floor, 1200 

Sixth Ave., Seattle, Washington 98101. 

Attention: Donna Deneen, Office of Air, 

Waste and Toxics, AWT–107. Such 

deliveries are only accepted during 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2008– 

0166. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov or e-mail 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure 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 in 

www.regulations.gov or in hard copy 

during normal business hours at the 

Office of Air, Waste and Toxics, EPA 

Region 10, 1200 Sixth Avenue, Seattle, 

Washington 98101. 

FOR FURTHER INFORMATION CONTACT: 

Donna Deneen at (206) 553–6706, e-mail 

address: deneen.donna@epa.gov, fax 

number: (206) 553–0110, or the above 

EPA Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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


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60956 Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Rules and Regulations 

aADEC combined its CAA section 110(a)(2)(d)(i) 

SIP revision with revisions to ADEC’s regulations 

at 18 AAC 50 relating to Best Available Retrofit 

Technology for purposes of public notice and 

hearing. In this action, EPA is approving ADEC’s 

submittal as it relates to CAA sectin 110(a)(2)(d)(i) 

and is taking no actions on the revisions to 18 AAC 

50 relating to Best Available Retrofit Technology. 

EPA. Information is organized as 

follows: 

Table of Contents: 

I. Background of Submittal 

II. How Alaska’s Submittal Addresses the 

Provisions of Clean Air Act Section 

110(a)(2)(D)(i) 

III. Statutory and Executive Order Reviews 

I. Background of Submittal 

EPA is approving Alaska’s SIP 

revisions to address the requirements of 

Clean Air Act (CAA) section 

110(a)(2)(D)(i). This CAA section 

requires each state to submit a SIP that 

prohibits emissions that could adversely 

affect another state, addressing four key 

elements. The SIP must prevent sources 

in the state from emitting pollutants in 

amounts which will: (1) Contribute 

significantly to nonattainment of the 

NAAQS in another state, (2) interfere 

with maintenance of the NAAQS by 

another state, (3) interfere with plans in 

another state to prevent significant 

deterioration of air quality, or (4) 

interfere with efforts of another state to 

protect visibility. 

EPA issued guidance on August 15, 

2006, entitled ‘‘Guidance for State 

Implementation Plan (SIP) Submissions 

to Meet Current Outstanding 

Obligations Under Section 

110(a)(2)(D)(i) for the 8-Hour Ozone and 

PM2.5 National Ambient Air Quality 

Standards,’’ relating to SIP submissions 

to meet the requirements of CAA section 

110(a)(2)(D)(i). As discussed below, 

Alaska’s analyses of its SIP with respect 

to the statutory requirements of CAA 

section 110(a)(2)(D)(i) are consistent 

with the guidance. The discussion 

below covers how Alaska has addressed 

the four key requirements of CAA 

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

II. How Alaska’s Submittal Addresses 

the Provisions of Clean Air Act Section 

110(a)(2)(D)(i) 

Alaska addressed the first two 

elements of CAA section 110(a)(2)(D)(i) 

by providing information supporting the 

conclusion that emissions from Alaska 

do not significantly contribute to 

nonattainment or interfere with 

maintenance of the 8-hour ozone and 

PM2.5 NAAQS in another state. 

Importantly, Alaska’s southernmost 

border is separated from the border of 

the lower 48 states by over 500 air miles 

which means any 8-hour ozone or PM2.5

nonattainment or maintenance area in 

another state is more than 500 miles 

from the Alaska border. Alaska also 

points to aggregate manmade PM22.5 and 

ozone levels that are minimal relative to 

national levels. A statewide emission 

inventory shows that facilities in Alaska 

make up only 0.1 percent of the total 

PM2.5 emissions in the United States. 

Similarly, precursor emissions to PM2.5

(e.g., sulfur dioxide and nitrogen oxides) 

and precursor emissions to ozone (e.g., 

volatile organic compounds and 

nitrogen oxides) from facilities in 

Alaska make up only from 0.0 to 0.2 

percent of United States’ emissions for 

those pollutants. The mountainous 

terrain of Alaska, with summits along 

the state borders that reach more than 

5000 feet in height, further provides a 

natural topographical barrier for 

emissions of Alaska sources. Based on 

this information, it is reasonable to 

conclude that emissions from Alaska do 

not significantly contribute to 

nonattainment or interfere with 

maintenance of the 8-hour ozone or 

PM2.5 NAAQS in another state. 

The third element Alaska addressed is 

prevention of significant deterioration 

(PSD). For 8-hour ozone, the state has 

met the obligation by confirming that it 

has a fully approved PSD/NSR program. 

Alaska’s PSD/NSR program was 

approved on February 16, 1995 (60 FR 

8943) and more recently on August 14, 

2007. 72 FR 45378. The approved 

program implements the 8-hour ozone 

standard and relevant requirements of 

the Phase II ozone implementation rule 

as required in 69 FR 23951 (April 30, 

2004) and 70 FR 71612 (November 29, 

2005). For PM2.5, Alaska’s PSD program 

is being implemented in accordance 

with EPA’s interim guidance calling for 

the use of PM10 as a surrogate for PM2.5

for the purposes of PSD review. 

The fourth element Alaska addressed 

is protection of visibility. EPA’s regional 

haze regulations, 64 FR 35714 (July 1, 

1999), require states to submit regional 

haze SIPS to EPA by December 17, 2007. 

Since states generally have not 

submitted their regional haze SIPs, 

Alaska indicates that it is not possible 

for Alaska to assess its compatibility or 

interference with control measures in 

another state’s Regional Haze (visibility) 

SIP and is working with the Western 

Regional Air Partnership to prepare a 

SIP to address EPA’s regional haze 

regulations.a

Based on this and other information 

provided by Alaska in its SIP submittal, 

EPA believes the state has sufficiently 

demonstrated that emissions from 

Alaska do not significantly contribute to 

nonattainment or interfere with 

maintenance of the NAAQS in another 

state, or interfere with measures 

required to be included in the SIP for 

any other State to prevent significant 

deterioration of air quality or to protect 

visibility. Additional supporting 

information can be found in the docket. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

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); 

• 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 Clean Air Act; 

and 

• Does not provide 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). 


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Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Rules and Regulations 60957 

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 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. 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 December 15, 

2008. 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: October 1, 2008. 

Elin D. Miller, 

Regional Administrator, Region 10. 

■ Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart C—Alaska 

■ 2. Section 52.97 is added to read as 

follows: 

§ 52.70 Interstate Transport for the 1997 8- 

hour ozone and PM2.5 NAAQS. 

On February 7, 2008, the Alaska 

Department of Environmental 

Conservation submitted a SIP revision 

to meet the requirements of Clean Air 

Act section 110(a)(2)(D)(i). EPA has 

approved this submittal. 

[FR Doc. E8–24279 Filed 10–14–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2005–AL–0002–200819; 

FRL–8727–7] 

Approval and Promulgation of 

Implementation Plans: Alabama: 

Approval of Revisions to the Visible 

Emissions Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve revisions to the Visible 

Emissions portion of the State 

Implementation Plan (SIP) submitted to 

EPA by the State of Alabama, via the 

Alabama Department of Environmental 

Management (ADEM), on September 11, 

2003 (the ‘‘2003 ADEM submittal’’), and 

amended by a revision submitted to 

EPA on August 22, 2008 (the ‘‘2008 

ADEM amendment’’). The open burning 

portion of the State of Alabama’s 2003 

ADEM submittal was previously 

approved in a separate action on March 

9, 2006 (71 FR 12138) and is not 

relevant to this action. These revisions 

amend the requirements for units that 

are required to operate continuous 

opacity monitoring systems (COMS) and 

that are not subject to any opacity limits 

other than those of the Alabama SIP. 

DATES: Effective Date: This rule will be 

effective November 14, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2005–AL–0002. All documents in the 

docket are listed on the 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information or other 

information whose disclosure 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 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that, if at all possible, 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 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Joel Huey, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, Region 4, U.S. Environmental 

Protection Agency, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9104. 

Mr. Huey can also be reached via 

electronic mail at huey.joel@epa.gov. 

For information regarding the Alabama 

SIP, contact Ms. Stacy Harder at the 

same address listed above. The 

telephone number is (404) 562–9042. 

Ms. Harder can also be reached via 

electronic mail at harder.stacy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What Is the Background for This Action? 

II. What Action Is EPA Taking? 

III. Response to Comments 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. What Is the Background for This 

Action? 

On September 11, 2003, ADEM 

submitted a request for EPA approval of 

a SIP submittal containing proposed 

revisions to the Visible Emissions 

portion of the Alabama SIP, found at 

ADEM Administrative Code (AAC) 

Chapter 335–3–4–.01, ‘‘Visible 

Emissions,’’ and pertaining to sources of 

particulate matter (PM) emissions. In an 

action published on April 12, 2007 (72 

FR 18428), EPA proposed to approve the 

proposed revisions contingent upon 

Alabama submitting a revised SIP 

submittal addressing EPA’s concerns 

regarding impacts of the rule changes on 

attainment of the National Ambient Air 

Quality Standards (NAAQS), as set forth 

in 72 FR 18428–18434. EPA’s proposal 

notice stated that the State would have 

to provide EPA with a revised SIP 

submittal consistent with certain 

changes described by EPA in our April 

12, 2007, notice of proposed 


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