[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Notices]
[Pages 18942-18943]
[FR Doc No: 2017-08162]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80477; File No. 4-707]

Self-Regulatory Organizations; ISE Mercury, LLC; Order Declaring
Effective a Minor Rule Violation Plan

April 18, 2017.
    On March 9, 2017, ISE Mercury, LLC (``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') a proposed minor
rule violation plan (``MRVP'' or ``Plan'') pursuant to Section 19(d)(1)
of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19d-
1(c)(2) thereunder.\2\ The proposed MRVP was published for public
comment on March 21, 2017.\3\ The Commission received no comments on
the proposal. This order declares the Exchange's proposed MRVP
effective.
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    \1\ 15 U.S.C. 78s(d)(1).
    \2\ 17 CFR 240.19d-1(c)(2).
    \3\ See Securities Exchange Act Release No. 80259 (March 16,
2017), 82 FR 14556 (``Notice'').
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    The Exchange's MRVP specifies the rule violations which will be
included in the Plan and will have sanctions not exceeding $2,500. Any
violations which are resolved under the MRVP would not be subject to
the provisions of Rule 19d-1(c)(1) of the Act,\4\ which requires that a
self-regulatory organization (``SRO'') promptly file notice with the
Commission of any final disciplinary action taken with respect to any
person or organization.\5\ In accordance with Rule 19d-1(c)(2) under
the Act,\6\ the Exchange proposed to designate certain specified rule
violations as minor rule violations, and requested that it be relieved
of the prompt reporting requirements regarding such violations,
provided it gives notice of such violations to the Commission on a
quarterly basis.
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    \4\ 17 CFR 240.19d-1(c)(1).
    \5\ The Commission adopted amendments to paragraph (c) of Rule
19d-1 to allow SROs to submit for Commission approval plans for the
abbreviated reporting of minor disciplinary infractions. See
Securities Exchange Act Release No. 21013 (June 1, 1984), 49 FR
23828 (June 8, 1984). Any disciplinary action taken by an SRO
against any person for violation of a rule of the SRO which has been
designated as a minor rule violation pursuant to such a plan filed
with and declared effective by the Commission is not considered
``final'' for purposes of Section 19(d)(1) of the Act if the
sanction imposed consists of a fine not exceeding $2,500 and the
sanctioned person has not sought an adjudication, including a
hearing, or otherwise exhausted his administrative remedies.
    \6\ 17 CFR 240.19d-1(c)(2).
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    The Exchange proposed to include in its MRVP the procedures and
violations currently included in Exchange Rule 1614 (``Imposition of
Fines for Minor Rule Violations''), which had been incorporated by
reference from the International Securities Exchange's rule book.\7\
According to the Exchange's proposed MRVP, under Exchange Rule 1614,
the Exchange may impose a fine (not to exceed $2,500) on any Member, or
person associated with or employed by a Member, for any rule listed in
Rule 1614(d).\8\ The Exchange shall serve the person against whom a
fine is imposed with a written statement setting forth the rule or
rules violated, the act or omission constituting each such violation,
the fine imposed, and the date by which such determination becomes
final or by which such determination must be contested. If the person
against whom the fine is imposed pays the fine, such payment shall be
deemed to be a waiver of such person's right to a disciplinary
proceeding and any review of the matter under the Exchange rules. Any
person against whom a fine is imposed may contest the Exchange's
determination by filing with the Exchange a written answer, at which
point the matter shall become a disciplinary proceeding.
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    \7\ The Exchange received its grant of registration on January
29, 2016, which included approving the rules that govern the
Exchange. See Securities Exchange Act Release No. 76998 (Jan. 29,
2016), 81 FR 6066 (Feb. 4, 2016).
    \8\ Under the proposed MRVP, violations of the following rules
would be appropriate for disposition under the MRVP: Rule 412
(Position Limits); Rule 1403 (Focus Reports); Rule 1404 (Requests
for Trade Data); Rule 723 (Price Improvement Mechanism for Crossing
Transactions); Rule 717 (Order Entry); Rule 803 (Quotation
Parameters); Rule 805 (Execution of Orders in Appointed Options);
Rule 419 (Mandatory Systems Testing); Rule 1100 (Exercise of Options
Contracts); Rule 415 (Reports Related to Position Limits); and Rule
804(e) (Continuous Quotes). See Notice, supra note 3.
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    Once the Exchange's MRVP is effective, the Exchange will provide to
the Commission a quarterly report for any actions taken on minor rule
violations under the MRVP. The quarterly report will include: The
Exchange's internal file number for the case, the name of the
individual and/or organization, the nature of the violation, the
specific rule provision violated, the sanction imposed, the number of
times the rule violation occurred, and the date of the disposition.\9\
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    \9\ The Exchange attached a sample form of the quarterly report
with its submission to the Commission.
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    The Commission finds that the proposal is consistent with the
public interest, the protection of investors, or otherwise in
furtherance of the purposes of the Act, as required by Rule 19d-1(c)(2)
under the Act,\10\ because the MRVP will permit the Exchange to carry
out its oversight and enforcement responsibilities as an SRO more
efficiently in cases where full disciplinary proceedings are not
necessary due to the minor nature of the particular violation.
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    \10\ 17 CFR 240.19d-1(c)(2).
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    In declaring the Exchange's MRVP effective, the Commission in no
way minimizes the importance of compliance with Exchange rules and all
other rules subject to the imposition of sanctions under Exchange Rule
1614. The Commission believes that the violation of an SRO's rules, as
well as Commission rules, is a serious matter. However, Exchange Rule
1614 provides a reasonable means of addressing violations that do not
rise to the level of requiring formal disciplinary proceedings, while
providing greater flexibility in handling certain violations. The
Commission expects that the Exchange will continue to conduct
surveillance and make determinations based on its findings, on a case-
by-case basis, regarding whether a sanction under the MRVP is
appropriate, or whether a violation requires formal disciplinary
action.
    It is therefore ordered, pursuant to Rule 19d-1(c)(2) under the
Act,\11\ that the proposed MRVP for ISE Mercury, LLC, File No. 4-707,
be, and hereby is, declared effective.
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    \11\ Id.

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    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(44).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-08162 Filed 4-21-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 86 (Monday, May 5, 2014)]
[Proposed Rules]
[Pages 25533-25540]
[FR Doc No: 2014-10204]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Proposed
Rules

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket: EPA-R10-OAR-2011-0916; FRL-9910-43-Region 10]

Approval and Promulgation of Implementation Plans; Alaska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve revisions to the Alaska State
Implementation Plan (SIP). Alaska submitted these revisions on February
13, 2008, December 11, 2009, April 14, 2010, November 29, 2010, October
21, 2011, December 10, 2012, and January 28, 2013, to meet Clean Air
Act (CAA) requirements. These revisions update the Alaska SIP to
reflect changes to the National Ambient Air Quality Standards (NAAQS),
area designations, and Federal permitting requirements. In addition,
the submitted changes revise and clarify Alaska permitting rules, and
remove provisions that are duplicated in other regulations. Although
the EPA is proposing to approve most of the submitted revisions, the
EPA is proposing to not approve certain provisions which are
inappropriate for SIP approval. The EPA is also removing specific
provisions from the Alaska SIP that were previously approved, but that
implement other provisions of the CAA and that the State has not relied
on to demonstrate attainment or maintenance of the NAAQS or to meet
other specific requirements of section 110 of the CAA, and therefore
should not be part of the Federally-approved Alaska SIP. Finally, the
EPA is deferring action on certain portions of the submissions,
including those that adopt by reference updates to the Federal
nonattainment major new source review requirements, because those
revisions will be addressed in a separate action.

DATES: Comments must be received on or before June 4, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2011-0916, by any of the following methods:
    A. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: Donna Deneen, EPA Region 10, Office of Air, Waste and
Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
    D. Hand Delivery: EPA Region 10 Mailroom, 9th Floor, 1200 Sixth
Avenue, Suite 900, Seattle, WA 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-
2011-0916. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
www.regulations.gov or email. The www.regulations.gov Web site is an
``anonymous access'' system, which means the EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to the EPA without
going through www.regulations.gov your email 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, the 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 the EPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, the
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
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
the disclosure of which is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically 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, WA 98101.

FOR FURTHER INFORMATION CONTACT: Donna Deneen at<PHONE_NUMBER>,
<EMAIL_ADDRESS>or by using the above EPA, Region 10 address.

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. Evaluation of Submittals
    A. Ambient Air Quality Standards
    B. Air Quality Designations, Classifications and Control Regions
    C. Baseline Dates and Maximum Allowable Increases
    D. State Air Quality Control Plan
    E. Documents, Procedures, and Methods Adopted by Reference
    F. Federal Standards Adopted by Reference
    G. Industrial Processes and Fuel-Burning Equipment
    H. Ambient Air Quality Analysis Methods
    I. Enforceable Test Methods
    J. Owner-Requested Limits
    K. Construction Permits
    L. Prevention of Significant Deterioration (PSD) Permits
    M. Construction, Minor and Operating Permits: Standard Permit
Conditions
    N. Construction and Operating Permits: Other Permit Conditions
    O. Permit Administration Fees
    P. Minor Permits for Air Quality Protection
    Q. Minor Permits Requested by the Owner or Operator
    R. Minor Permit--Title V Permit Interface
    S. Minor Permit: Application
    T. Minor Permit: Review and Issuance
    U. Minor Permits: Content
    V. Minor Permits: Revisions
    W. Conformity
    X. Definitions
    Y. Statutes
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

    The EPA last approved major revisions to the State of Alaska air
quality regulations at Alaska Administrative Code Title 18
Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)
on August 14, 2007 (72 FR 45378) (``2007 action''). More recently, the
Alaska Department of Environmental Conservation (ADEC) submitted rule
revisions to the EPA on February 13, 2008, December 11, 2009, April 14,
2010, November 29, 2010, October 21, 2011, December 10, 2012, and
January 28, 2013. These submissions include revisions to update the
Alaska SIP for changes to the NAAQS, area designations, and Federal
permitting requirements, in addition to changes and clarifications to
Alaska permitting rules, and removal of provisions that are duplicated
in other regulations.
    In this action, we are proposing to approve the rule changes
submitted by Alaska, with certain exceptions described below. We are
also removing specific provisions from the Alaska SIP that were
previously approved by the EPA, but implement other requirements of the
CAA and that the State has not relied on to demonstrate attainment or
maintenance of the NAAQS or to meet other specific requirements of
section 110 of the CAA, and therefore should not be part of the
Federally-approved Alaska SIP. In addition, we are deferring action on
certain portions of the submissions, including those adopting by
reference updates to the Federal nonattainment major new source review
(nonattainment NSR) permitting requirements at 40 CFR 51.165, as
discussed in paragraph F below. We intend to address them in a separate
action.
    Below is a summary of our evaluation of the submitted revisions to
the Alaska SIP. For a more detailed discussion of the revisions, our
analysis and proposed action, please see the technical support document
(TSD) in the docket for this action. Please note that this action does
not address portions of these Alaska submissions which we previously
approved on February 9, 2011 (76 FR 7116), October 22, 2012 (77 FR
64425), February 14, 2013 (78 FR 10546), and May 9, 2013 (78 FR 27071).
In addition, our analysis in this proposed action discusses only the
most recently submitted amendment to any particular provision. We
describe how the submitted Alaska rules differ from the Federally-
approved Alaska SIP, and why the EPA believes the changes are
approvable.

II. Evaluation of Submittals

A. Ambient Air Quality Standards

    The revisions submitted by Alaska update the State's ambient air
quality standards at 18 AAC 50.010 ``Ambient Air Quality Standards'' to
reflect the 2006 fine particulate matter (PM2.5), 2008 lead
(Pb), 2010 sulfur dioxide (SO2), and 2010 nitrogen dioxide
(NO2) NAAQS.\1\ Because the submitted revisions are
consistent with the Federal NAAQS promulgated under the CAA, we are
proposing to approve 18 AAC 50.010 ``Ambient Air Quality Standards,''
except paragraphs (7) and (8), which set State ambient air quality
standards for reduced sulfur compounds and ammonia respectively.
Consistent with our 2007 action, we are proposing to not approve
paragraphs (7) and (8) because they establish State ambient air quality
standards for reduced sulfur compounds and ammonia, and they are not
NAAQS established under section 109 of the CAA (72 FR 45378).
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    \1\ We note that on October 22, 2012, we approved the State's
revision to this rule to align Alaska's ozone ambient air quality
standard with the 2008 ozone NAAQS (77 FR 64425).
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B. Air Quality Designations, Classifications and Control Regions

    The submitted revisions add subparagraph (b)(3) to 18 AAC 50.015
``Air Quality Designations, Classification and Control Regions'' to
identify the PM2.5 nonattainment area for the Fairbanks and
North Pole urban area, in addition to an editor's note to clarify that
nonattainment and maintenance areas, air quality control regions, and
the Class I area boundaries can be found in the Alaska Air Quality
Control Plan and 40 CFR Part 81. We are proposing to approve these
revisions, which update the Alaska SIP to include the most recently
designated nonattainment area in Alaska.

C. Baseline Dates and Maximum Allowable Increases

    The submissions revise 18 AAC 50.020 ``Baseline Dates and Maximum
Allowable Increases'' to clarify minor source baseline dates and
maximum allowable increases, including adding PM2.5 to the
tables in the rule. Specifically, the revisions clarify that baseline
dates will be determined using the already-established Federal
definition for minor source baseline dates, that concentrations above
the ambient air quality standard are prohibited, and that baseline
concentrations will be determined using already-established Federal
provisions. The submitted revisions are consistent with the CAA and
implementing provisions in 40 CFR part 52 and 81 and therefore we are
proposing to approve the revisions.

D. State Air Quality Control Plan

    As a matter of State law, 18 AAC 50.030 ``State Air Quality Control
Plan'' adopts by reference Volumes II and III of the State Air Quality
Control Plan and other documents. The submissions addressed in this
action revise the appendices to the Air Quality Control Program (Volume
III, 18 AAC 50 Air Quality Control) by amending 18 AAC 50.030. We are
proposing to not approve the submitted revisions to 18 AAC 50.030
because the referenced documents that form the basis for the
submissions are being individually approved in this action. We are only
proposing to approve those provisions specifically identified in the
submissions and addressed in this action. The EPA takes action
directly, as appropriate, on the specific provisions in the State Air
Quality Control Plan that have been submitted by Alaska, so it is
unnecessary for the EPA to approve 18 AAC 50.030.

E. Documents, Procedures and Methods Adopted by Reference

    18 AAC 50.035 ``Documents, Procedures, and Methods Adopted by
Reference'' adopts by reference the Alaska in situ burning guidelines,
various Federal monitoring and modeling requirements and guidance,
State ``Title V Application Forms,'' Federal reference and
interpretation methods, and standard test methods. Except for the
adoption by reference of the State ``Title V Standard Application and
Forms,'' we are proposing to approve the submitted revisions to this
provision because the changes update the Alaska SIP for the latest
versions of specific documents, and add several new Federal reference
and interpretation methods required to implement revised NAAQS. The
State ``Title V Standard Application and Forms'' are inappropriate for
SIP approval because they are not a requirement under section 110 of
title I of the CAA, but rather are a requirement of title V of the CAA.
    We note that, consistent with our 2007 action, we are proposing to
not approve 18 AAC 50.035(b)(4), which specifies test methods related
to 40 CFR part 63 (72 FR 45378). This provision is inappropriate for
SIP approval because it relates to requirements that are not in the SIP
and implement other requirements of the CAA.

F. Federal Standards Adopted by Reference

    The submissions update the most recent Federal regulation
references in 18 AAC 50.040 ``Federal Standards Adopted by Reference.''
In addition, the submissions add a new paragraph (k) to 18 AAC 50.040
to adopt by reference the provisions of 40 CFR part 64, to the extent
they apply to title V sources. Paragraph (k) of 18 AAC 50.050
implements the requirements of 40 CFR parts 64 and 71, and not the
requirements of section 110 of the CAA. In the absence of a specific
request from Alaska that this provision be included in the SIP, we are
proposing to not approve this provision.
Provisions Implementing Other Requirements of the CAA
    The submissions revise paragraphs (a), (b), (c), (d), (e), (g), and
(j) of 18 AAC 50.040 to update the adoption by reference of emissions
standards for 40 CFR parts 60, 61, 62, 63, 70, and 82 sources. In
addition, the submissions add a new paragraph (k) to adopt by reference
the provisions of 40 CFR part 64 to the extent they apply to title V
sources.
    These types of provisions are inappropriate for SIP approval
because they implement other requirements of the CAA, and the State is
not relying on them to demonstrate attainment or maintenance of the
NAAQS or to meet other requirements of section 110 of the CAA. We are
proposing to not approve the addition of subparagraph (j)(9), relating
to 40 CFR part 71 ``Operating Permits,'' for the same reason.
PSD
    The submissions revise paragraph (h) of 18 AAC 50.040 to adopt by
reference specific provisions of the Federal PSD regulations set forth
at 40 CFR 51.166 and 40 CFR 52.21 as of July 1, 2011, to implement the
Alaska PSD permitting program. However, the submitted revisions
adopting by reference 40 CFR 52.21(i) (relating to the significant
monitoring concentration (SMC)) and 40 CFR 52.21(k) (relating to the
significant impact level (SIL)) have been impacted by a recent court
decision vacating portions of the 2010 PSD PM2.5
Implementation Rule (October 20, 2010, 75 FR 64864).
    On January 22, 2013, the U.S. Court of Appeals for the District of
Columbia, in Sierra Club v. EPA, 703 F.3d 458 (D.C. Cir. 2013), issued,
with respect to the SMC, a judgment that, inter alia, vacated the
provisions of the 2010 PSD PM2.5 Implementation Rule adding
the PM2.5 SMC to the Federal regulations at
51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c). In its decision, the Court
held that the EPA did not have authority to use SMCs to exempt permit
applicants from the statutory requirement in section 165(e)(2) of the
CAA that ambient monitoring data for PM2.5 be included in
all PSD permit applications. Thus, although the PM2.5 SMC
was not a required element of a state's PSD program, where a state PSD
program contains such a provision and allows issuance of new permits
without requiring ambient PM2.5 monitoring data, such
application of the vacated SMC would be inconsistent with the Court's
opinion and the requirements of section 165(e)(2) of the CAA.
    At the EPA's request, the decision also vacated and remanded to the
EPA for further consideration the portions of the 2010 PSD
PM2.5 Implementation Rule that revised 40 CFR 51.166 and 40
CFR 52.21 related to SILs for PM2.5. The EPA requested this
vacatur and remand of two of the three provisions in the EPA
regulations that contain SILs for PM2.5, because the wording
of these two SIL provisions (40 CFR 51.166(k)(2) and 40 CFR
52.21(k)(2)) is inconsistent with the explanation of when and how SILs
should be used by permitting authorities that we provided in the
preamble to the Federal Register publication when we promulgated these
provisions. The third SIL provision (40 CFR 51.165(b)(2)) was not
vacated and remains in effect. In addition, the Court decision does not
affect the PSD increments for PM2.5 promulgated as part of
the 2010 PSD PM2.5 Implementation Rule.
    We note that the EPA recently amended its regulations to remove the
vacated PM2.5 SILs and SMC provisions from PSD regulations
on December 9, 2013 (78 FR 73698). In addition, the EPA will initiate a
separate rulemaking in the future regarding the PM2.5 SILs
that will address the Court's remand. In the meantime, we are advising
states to begin preparations to remove the vacated provisions from
state PSD regulations.
    Consistent with the vacatur of the EPA regulations as they relate
to the PM2.5 SMC and the PM2.5 SIL, and the EPA's
December 9, 2013, rulemaking, Alaska has submitted a letter dated
February 12, 2014, withdrawing the adoption by reference of 40 CFR
52.21 as it relates to the vacated PM2.5 SMC and SIL at
subparagraphs 18 AAC 50.040(h)(7) and (9). A copy of Alaska's letter is
in the docket for this action. Although these provisions remain in
effect as a matter of State law, Alaska has confirmed that it will not
apply either the PM2.5 SMC provisions at 40 CFR
51.166(i)(5)(i)(c) and 52.21 (i)(5)(i)(c), or the PM2.5 SIL
provisions at 40 CFR 51.166(k)(2) and 52.21(k)(2) in implementing the
State PSD program. In addition, the letter states that Alaska intends
to remove the vacated provisions to ensure consistency with Federal
law.
    The submissions also add subparagraph (21) to 18 AAC 50.040(h) to
adopt by reference 40 CFR 52.22 ``Enforceable Commitments for Further
Actions Addressing the Pollutant Greenhouse Gases (GHGs).'' This
provision is inappropriate for SIP approval because it is related to a
Federal commitment that is not applicable to the State. Therefore, we
are proposing to not approve the addition of subparagraph (21).
    In summary, we are proposing to approve the revisions to 18 AAC
50.040(h) except for subparagraph (21). We are taking no action on
subparagraphs (7) and (9) because these provisions were withdrawn.
Nonattainment NSR
    The submitted revisions to paragraph (i) of 18 AAC 50.040 update
the adoption by reference of Federal provisions at 40 CFR 51.165
``Permit Requirements.'' These provisions govern the permitting of new
major sources and major modifications in nonattainment areas. On
February 12, 2014, Alaska submitted a letter to the EPA explaining that
the Alaska regulations submitted for approval adopt by reference the
``regulated NSR pollutant'' definition found in the Federal PSD
permitting regulations at 40 CFR 52.21(b)(50), rather than the
definition in the Federal nonattainment NSR regulations 40 CFR
51.165(a)(1)(xxxvii). In the letter, Alaska stated that it intends to
propose revisions to the appropriate sections of 18 AAC 50 to adopt by
reference the ``regulated NSR pollutant'' definition at 40 CFR
51.165(a)(1)(xxxvii) for purposes of nonattainment NSR permitting, and
to begin the public notice and comment process at the first
opportunity. The EPA understands the State has already commenced a
rulemaking to revise the definition of regulated NSR pollutant. In
light of the commencement of that rulemaking, we are taking no action
on Alaska's revisions to 18 AAC 50.040(i) at this time, but will
address the revisions at a later date. We are deferring action on the
revisions to 18 AAC 50.040(i) to give Alaska the opportunity to revise
its definition of ``regulated NSR pollutant'' for nonattainment areas
in 18 AAC 50.040(i)(1)(B)(i).

G. Industrial Processes and Fuel-Burning Equipment

    In subparagraph (a)(9)(D) of 18 AAC 50.055 ``Industrial Processes
and Fuel-Burning Equipment, '' the term ``facility'' was replaced by
the more specific term ``stationary source.'' We are proposing to
approve this revision because it clarifies that a Federally-approved
source-specific SIP revision is necessary to change the applicable
opacity limit at a stationary source located at a facility. In
addition, consistent with our 2007 action, we are proposing to not
approve subparagraph (d)(2)(B), which contains emissions standards for
hydrogen sulfide (72 FR 45378). This provision is inappropriate for SIP
approval because it is not related to attainment or maintenance of the
NAAQS or other specific requirements of section 110 of the CAA.

H. Ambient Air Quality Analysis Methods

    The submitted revisions to 18 AAC 50.215 ``Ambient Air Quality
Analysis Methods'' include revisions to update the methods for
PM2.5 and ozone, and minor clarifications and edits. The EPA
proposes to approve the submitted changes, with the exceptions
described below.
    The submissions add subparagraph (a)(3) to 18 AAC 50.215 to
reference the EPA's ``Meteorological Monitoring Guidance for Regulatory
Modeling Applications,'' adopted by reference in 18 AAC 50.035(a).
Alaska renumbered what was previously subparagraph (a)(3) to (a)(4).
What is now subparagraph (a)(4) was added in earlier revisions to allow
ADEC to approve alternative reference test methods for collecting
ambient monitoring data. In our 2007 action, we did not approve this
provision because it provides for unbounded director's discretion (72
FR 45378). Consistent with our 2007 action, we are proposing to not
approve subparagraph (a)(4), which authorizes ADEC to approve any
alternative method that ADEC determines is ``representative, accurate,
verifiable, capable of replication.'' In essence, this subparagraph
allows ADEC to modify requirements relied on to attain and maintain the
NAAQS without a SIP revision. For additional discussion, see the TSD
for our 2007 action, which can be found in the docket for this action.
See also 78 FR 12460, 12485-86 (February 22, 2013).
    As explained above in the discussion of 18 AAC 50.040(h), because
40 CFR 51.166(k)(2) and 40 CFR 52.21(k)(2) relating to SILs were
vacated by the U.S. Court of Appeals for the District of Columbia, and
subsequently repealed by the EPA, Alaska withdrew the revisions to
paragraph (d) which update the SILs table and associated SIL-related
requirements.\2\
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    \2\ Letter from Alaska Department of Environmental Conservation
regarding PM2.5 Significant Impact Levels and Significant
Monitoring Concentrations, dated February 12, 2014.
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I. Enforceable Test Methods

    We are proposing to approve the submitted changes to 18 AAC 50.220
``Enforceable Test Methods'' except for subparagraphs (A), (B), and (C)
of (c)(1), and all of subparagraph (c)(2), as described below.
    Subparagraph (c)(2) of 18 AAC 50.220 authorizes ADEC to approve the
use of an alternative method using the procedure specified in 40 CFR
part 63, Appendix A, Method 301. In essence, subparagraph (c)(2)
authorizes ADEC to issue variances from regulatory requirements,
including SIP, New Source Performance Standards (NSPS), and National
Emission Standards for Hazardous Air Pollutants (NESHAP) requirements.
Consistent with our 2007 action, we are proposing to not approve
subparagraph (c)(2), which in essence allows ADEC to modify
requirements relied on to attain and maintain the NAAQS without a SIP
revision (72 FR 45378). See also 78 FR 12460, 12485-86 (Feb. 22, 2013).
    In addition, under the authority of CAA section 110(k)(6), we are
removing from the SIP subparagraphs (A), (B), and (C) of 18 AAC
50.220(c)(1) because they relate to test methods for CAA requirements
that are not part of the SIP and implement other provisions of the CAA.

J. Owner-Requested Limits

    We are proposing to approve the revisions to 18 AAC 50.225 ``Owner-
Requested Limits'' paragraph (a) and subparagraph (b)(7) because the
revisions clarify what can be requested and what needs to be submitted
for purposes of this provision. The clarifications do not change the
existing requirements for establishing source-specific limitations
under 18 AAC 50.225. We are also proposing to approve the addition of
paragraph (i) to this provision because it provides for the submission
of certain information and clarifies Alaska's process and effective
date, but does not change the existing requirements for establishing
source-specific limitations under this rule.

K. Construction Permits

    The submitted revisions add paragraph (c) to 18 AAC 50.302
``Construction Permits'' to clarify that a subsequent revision to a
title V permit term or condition that is solely necessary to meet a
title V requirement, but was associated with an integrated review
conducted under 18 AAC 50.306(c)(3), may be processed through the title
V operating permit amendment or modification provisions of 18 AAC
50.326. We are proposing to approve this new provision because it is
appropriate and consistent with the CAA for revisions made solely for
title V purposes to be revised using the title V amendment or
modification provisions.
    In addition, under the authority of CAA section 110(k)(6), we are
removing from the SIP subparagraph (a)(3) of this provision, because it
relates to major sources of hazardous air pollutants. This provision
implements other requirements of the CAA and the State has not relied
on this requirement to demonstrate attainment or maintenance of the
NAAQS or to meet other specific requirements of section 110 of the CAA.

L. Prevention of Significant Deterioration (PSD) Permits

    Alaska's PSD program was originally approved into the SIP by the
EPA on July 5, 1983, and has been revised several times since the
original approval. The most recent major revision to Alaska's PSD
program was approved by the EPA in our 2007 action (72 FR 45378). In
general, Alaska chooses to adopt by reference the Federal PSD rules in
40 CFR 52.21 rather than the comparable provisions in 40 CFR 51.166,
which set forth what is required in a State's plan, because 40 CFR
52.21 is written to directly state the requirements of an owner or
operator. In some cases, Alaska adopted provisions of 40 CFR 51.166
rather than the comparable provisions of 40 CFR 52.21 because 40 CFR
51.166 was a better fit for a SIP-approved PSD program.
    Key submitted changes to 18 AAC 50.306 ``Prevention of Significant
Deterioration (PSD) Permits'' include the definition of ``national
ambient air quality standard,'' which is revised to mean ``an ambient
air quality standard set out in 18 AAC 50.010 for this state'' and
``ambient air increment'' or ``maximum allowable increase,'' which is
revised to mean a maximum allowable increase calculated as described in
18 AAC 50.020 ``Baseline Dates and Maximum Allowable Increases.'' We
are proposing to approve the definition of ``national ambient air

quality standard'' because the referred-to State ambient air quality
standards in 18 AAC 50.010 include the Federal 2006 PM2.5
NAAQS, 2008 ozone NAAQS, 2008 Pb NAAQS, 2010 SO2 NAAQS, and
2010 NO2 NAAQS in 40 CFR part 50. The EPA's understanding is
that the previous reference to ``national ambient air quality
standard'' in this provision referred to the NAAQS as last adopted by
reference by ADEC, so that the change in reference from ``national
ambient air quality standard'' to ``ambient air quality standards in 18
AAC 50.010'' is not a substantive change. It will remain important for
ADEC to revise 18 AAC 50.010 promptly after Federal revisions to the
NAAQS so that its PSD program continues to meet Federal requirements.
    In addition, we are proposing to approve in subparagraph (b)(1)(C)
the definition of ``ambient air increment'' or ``maximum allowable
increase'' because it appropriately refers to the established maximum
allowance increases that Alaska has set out in Table 3 of 18 AAC
50.020(b). We are proposing to approve the other submitted
clarifications to this rule because they meet the requirements of the
CAA.

M. Construction, Minor and Operating Permits: Standard Permit
Conditions

    We are proposing to approve the submitted revisions to 18 AAC
50.345 ``Construction, Minor and Operating Permits: Standard Permit
Conditions'' because they meet the requirements of the CAA, with the
exception of paragraph (l). Paragraph (l) gives ADEC unbounded
discretion to change the source testing requirements of a Federally-
enforceable permit without revising the permit. Consistent with our
2007 action, we are proposing to not approve paragraph (l) (72 FR
45378). See also 78 FR 12460, 12485-86 (Feb. 22, 2013)

N. Construction and Operating Permits: Other Permit Conditions

    Alaska submitted revisions to paragraphs (a), (b) and (c) of 18 AAC
50.346 ``Construction and Operating Permits: Other Permit Conditions.''
Consistent with our 2007 action, we are proposing to not approve 18 AAC
50.346(a) because this provision only requires corrective action after
the permittee or ADEC, determines a violation has occurred and thus
cannot be construed as monitoring to assure compliance (72 FR 45378).
In addition, we are proposing to not approve paragraphs (b) and (c)
because the provisions implement requirements of title V of the CAA,
and not requirements of section 110 of title I of the CAA.

O. Permit Administration Fees

    Alaska submitted revisions to paragraphs (a), (e), (g), (h), (i),
and (m), and subparagraphs (j)(19) and (20) of 18 AAC 50.400 ``Permit
Administration Fees.'' We are proposing to approve the fee provisions
in 18 AAC 50.400(e), (g), (h), (i), (j)(19) and (j)(20) because these
provisions implement SIP requirements. We are proposing to not approve
paragraph (a) of this provision because it implements requirements of
title V of the CAA and not requirements of section 110 of title I of
the CAA. In addition, it is not necessary to act on paragraph (m),
which was repealed, because that provision is not currently in the
Federally-approved Alaska SIP.

P. Minor Permits for Air Quality Protection

    The Alaska submissions revise subparagraphs (c)(1), (2), and (3) of
18 AAC 50.502 ``Minor Permits for Air Quality Protection'' to
appropriately refer to ``beginning actual construction,'' ``beginning
relocation,'' and ``beginning a physical change to or a change in
operation.'' The previous version of these provisions required an owner
or operator to obtain a minor permit before commencing construction,
relocation, or a physical change, which corresponded generally to a
date that occurs before actual construction begins. The CAA, however,
does not require a state to tie the obligation to obtain a minor permit
to the commence construction date, or to a date that occurs before
actual construction begins. Alaska has, accordingly, changed the
requirements to obligate a source to obtain a minor permit before
``beginning actual construction,'' ``beginning relocation,'' or
``beginning a physical change,'' consistent with CAA requirements. We
are proposing to approve these revisions.
    The submissions also add subparagraphs (c)(1)(F), (c)(3)(A)(v) and
(c)(3)(B)(v) to 18 AAC 50.502 to establish PM2.5 thresholds
for determining whether the owner or operator of a stationary source
must obtain a minor permit for PM2.5. These new
subparagraphs strengthen the SIP by requiring stationary sources of
PM2.5 above the specified thresholds to obtain a minor
permit. These provisions are consistent with Federal requirements in 40
CFR 51.160 through 164, and are approvable. Finally, we are proposing
to approve 18 AAC 50.502(e), (g), and (i) because they are consistent
with CAA requirements and are clarifications to existing Federally-
approved rules.

Q. Minor Permits Requested by the Owner or Operator

    The submissions revise 18 AAC 50.508 ``Minor Permits Requested by
the Owner or Operator'' by clarifying terms and cross-references, and
repealing provisions that have been repealed at the Federal level. We
are proposing to approve these revisions because they are consistent
with the CAA.

R. Minor Permit--Title V Permit Interface

    The submissions add a new provision, 18 AAC 50.510 ``Minor Permit--
Title V Permit Interface,'' which provides that certain terms or
conditions established in a minor permit at 18 AAC 50.542 solely for
title V purposes can be revised through the applicable title V revision
process. We are proposing to approve this provision because it makes
permit terms established in a minor permit, solely under the authority
of title V, subject to the title V permit revision provisions.

S. Minor Permit: Application

    We are proposing to approve the submitted revisions to 18 AAC
50.540 ``Minor Permit: Application.'' Specifically, we are proposing to
approve the revision to subparagraph (c)(2) to clarify the air quality
analysis methods for demonstrating attainment or maintenance of the
ambient air quality standards. We also are proposing to approve the
NO2 exception in 50.540(l) because it only pertains to the
content of the application, and does not change the requirements for
air quality analysis during the permit review process that continue to
apply under 18 AAC 50.542(f). Finally, we are proposing to approve the
revisions to 18 AAC 50.540(d), (j), and (k) because they either clarify
existing rule language or add requirements that will assist in the
implementation of these provisions.

T. Minor Permit: Review and Issuance

    The submissions revise 18 AAC 50.542 ``Minor Permit: Review and
Issuance'' in several places. We are proposing to approve the revision
to paragraph (a), excluding sources in the additional areas of the
Municipality of Anchorage, the City of Fairbanks, Fort Wainwright, and
Eielson Air Force Base from fast track procedures. In these areas, ADEC
will provide a 30-day public comment period for sources regardless of
whether a public comment period was requested. We also are proposing to
approve, in subparagraph (c)(2)(A), the addition of a PM2.5
screening level because it is reasonable and appropriate to offer the
fast-track procedure to sources that can show

compliance with the NAAQS using a conservative approach. The screening
level of 50 percent of the PM2.5 standard is set well below
the ambient air quality standard for PM2.5 and appropriately
conservative for showing compliance.
    In addition, we are proposing to approve, in subparagraph
(c)(2)(D), an alternative way to determine if the fast-track procedure
in subparagraph (c)(2) is available for a modification. This provision
is approvable because it is an appropriately conservative approach that
relies on the highest predicted concentrations for use in comparing to
the ambient air quality standard and is appropriately conservative for
showing compliance.
    Consistent with our 2007 action (72 FR 45378), we are proposing to
approve the remaining portion of 18 AAC 50.542, except subparagraph
(b)(2). Subparagraph (b)(2) allows ADEC to require the owner/operator
to submit a permit application online. Alaska did not submit the
appropriate documentation to allow the EPA to evaluate the
approvability of Alaska's Online System with respect to the EPA's
Cross-Media Electronic Reporting Rule (CROMERR). See 70 FR 59848
(October 13, 2005). Therefore, we are proposing to not approve
subparagraph (b)(2).

U. Minor Permits: Content

    The submissions revise 18 AAC 50.544 ``Minor Permits: Content,'' a
provision that sets forth what a minor permit must contain. We are
proposing to approve the submitted revisions to subparagraphs (a)(5)
and (6) because they correspond to the clarification in 18 AAC 50.345
that requires the standard permit conditions of 18 AAC 50.345 to apply
to minor permits. We are also proposing to approve subparagraph (a)(7)
because this provision establishes the process for accommodating an
owner or operator request to add the conditions of a minor permit to a
title V permit, and because this provision is not contrary to any CAA
requirement. Finally, we are proposing to approve subparagraph (c)(3)
and paragraph (h) as clarifications of the terms and conditions that
are required to be included in a permit.

V. Minor Permits: Revisions

    We are proposing to approve 18 AAC 50.546 ``Minor Permits:
Revisions,'' except paragraph (b), which authorizes ADEC to revise
``non-substantive elements of a minor permit without further
administrative procedures.'' As discussed in our 2007 action, we did
not approve paragraph (b) because it does not adequately define the
class of revisions that can be made without public review (72 FR
45378). For the same reason, we are proposing to not approve paragraph
(b) in this action.

W. Conformity

    Revisions to the regulations in Article 7 ``Conformity'' of 18 AAC
50 were submitted in Alaska's October 21, 2011, submission. We are not
addressing these revisions in this action. We intend to address these
revisions in a separate action.

X. Definitions

    18 AAC 50.990 ``Definitions,'' defines terms and also adopts by
reference applicable definitions set forth in Federal rules. We are
proposing to approve the submitted revisions to this provision because
they meet the requirements of the CAA. Specifically, we are proposing
to approve the repeal of the definitions of ``clean unit,'' ``expected
arithmetic mean,'' ``expected number'' and ``pollution control
project'' because the EPA has previously revoked or repealed the
related Federal provision requiring the definition. In addition, we are
proposing to approve the updated definition of ``good engineering
practice stack height'' to reference the requirements of 40 CFR
51.100(ii) as revised as of July 1, 2007, and as currently in effect.
    We are also proposing to approve the revisions to the definitions
of ``impairment of visibility,'' ``modification'' or ``modify,''
``nonroad engine,'' ``reconstruct'' and ``reconstruction,'' ``regulated
air pollutant,'' ``regulated NSR pollutant'' (except that we are
deferring action on this definition as it relates to 18 AAC 50.040(i)
(nonattainment NSR)), ``volatile organic compound,'' ``PAL,''
``regional administrator,'' ``PM-2.5,'' ``transportation improvement
plan,'' ``CO2 equivalent emissions,'' and ``greenhouse gases'' because
they reflect the already-established Federal definitions for these
terms.

Y. Statutes

    In addition to our review of regulatory changes to 18 AAC 50, we
reviewed Alaska statutory provisions submitted as part of the January
28, 2013, submission. Specifically, the submission included portions of
Alaska Statutes Chapters 44.46 ``Department of Environmental
Conservation;'' 46.03 ``Declaration of Policy;'' and 46.14 ``Air
Quality Control.'' Based on our review, these submitted statutes
continue to provide Alaska with adequate legal authority to carry out
the requirements of the Alaska SIP as set forth in sections 110 and 114
of the CAA and its implementing regulations, in particular 40 CFR
51.230.
    Certain aspects and provisions, however, merit further discussion.
First, the EPA's authority to approve SIPs extends to provisions
related to attainment and maintenance of the NAAQS, and carrying out
other specific requirements of section 110 of the CAA. Therefore, our
review of the submitted statutory provisions is limited in that
respect.
    Second, AS 46.14.540 ``Authority of Department in Cases of
Emergency'' states that, under certain circumstances, the commissioner
may waive procedural requirements of AS Chapter 46.14 and issue an
order to authorize emergency use of the emissions unit. This statutory
provision authorizes ADEC to issue a variance to State regulations
approved into the SIP without meeting state regulatory requirements for
revising a regulation or permit and without a SIP revision. Section
110(i) of the CAA, however, specifically precludes states from changing
the requirements of the SIP, except through SIP revisions approved by
the EPA as provided in section 110 of the CAA and the implementing
regulations at 40 CFR 51.100 to 51.105. See 78 FR 12460, 12485-86 (Feb.
22, 2013). For these reasons, we are proposing to not approve AS
46.14.540 ``Authority of Department in Cases of Emergency'' into the
SIP.
    Third, AS 46.14.560 ``Unavoidable Malfunctions and Emergencies''
provides an affirmative defense to an action for noncompliance with a
technology-based emission standard for excess emissions ``caused by an
unavoidable emergency, a malfunction, or nonroutine repairs of an
emissions unit'' when asserted under regulations adopted by ADEC under
AS 46.14.140. This statutory provision is the basis for 18 AAC 50.240
``Excess Emissions.'' Both AS 46.14.560 and 18 AAC 50.240 were
previously approved into the Alaska SIP. The current SIP submission
includes a resubmission of AS 46.14.560, with two minor changes, but
does not include a resubmission of 18 AAC 50.240.
    On February 22, 2013, the EPA proposed a SIP call in which the EPA
identified deficiencies in the startup, shutdown, and malfunction
provisions of numerous states, including Alaska's regulation 18 AAC
50.240 (78 FR 12460) (proposed SSM SIP call). In light of the proposed
SSM SIP call, we are taking no action on Alaska's submission of AS
46.14.560 at this time, but rather will take action on the submission
at a later date.

    Fourth, AS 46.14.510(b) relates to maintenance of motor vehicle air
pollution control equipment. We incorporated by reference AS
46.14.510(b) on November 18, 1998 (63 FR 63983). In this action, we are
removing the incorporation by reference of AS 46.14.510(b) because the
provision is addressed by incorporation by reference elsewhere in the
Federally-approved SIP (at 18 AAC 52.015(a), (b), 52.990(66)(B) and
52.100(d)(3)).
    In general, we are not proposing to incorporate by reference the
statutory provisions submitted by Alaska to avoid potential conflict
with the EPA's independent authorities. However, we are proposing to
continue to incorporate by reference updated AS 46.14.550 and the
definitions in updated AS 46.14.990, where a definition in 18 AAC
50.990 states that it has the meaning given in AS 46.14.990, and where
it relates to attainment or maintenance of the NAAQS or other specific
requirements of section 110 of the CAA. These incorporated by reference
definitions are AS 46.14.990 (4) ``building, structure, facility, or
installation,'' (5) ``commissioner,'' (8) ``department,'' (15) ``local
air quality control program,'' (16) ``major modification,'' (17)
``major stationary source,'' (18) ``operating permit,'' and (27) ``tank
vessel.''

III. Proposed Action

Provisions the EPA Is Proposing To Approve and Incorporation by
Reference
    Consistent with the discussion and analysis above, the EPA is
proposing to approve into the SIP at 40 CFR part 52, subpart C, the
Alaska laws and regulations listed in the table below. Note that in
those instances where ADEC submitted multiple revisions to a single
section of 18 AAC 50, the most recent version of that section (based on
state effective date) is proposed to be incorporated into the SIP as it
supersedes all previous revisions.

                     Alaska Provisions for Proposed Approval and Incorporation by Reference
----------------------------------------------------------------------------------------------------------------
                                                                          State
            State citation                     Title/subject         effective date          Explanation
----------------------------------------------------------------------------------------------------------------
18 AAC 50.010.........................  Ambient Air Quality                1/4/2013  Except (7) and (8).
                                         Standards.
18 AAC 50.015.........................  Air Quality Designations,         12/9/2010  ...........................
                                         Classifications, and
                                         Control Regions.
18 AAC 50.020.........................  Baseline Dates and Maximum         1/4/2013  ...........................
                                         Allowable Increases.
18 AAC 50.035.........................  Documents, Procedures, and         1/4/2013  Except (a)(6) and (b)(4).
                                         Methods Adopted by
                                         Reference.
18 AAC 50.040.........................  Federal Standards Adopted          1/4/2013  Except (a), (b), (c), (d),
                                         by Reference.                                (e), (g), (h)(7), (h)(9),
                                                                                (h)(17), (h)(18), (h)(19),
                                                                                (h)(21), (i), (j), and
                                                                                (k).
18 AAC 50.050.........................  Incinerator Emission              7/25/2008  ...........................
                                         Standards.
18 AAC 50.055.........................  Industrial Processes and          12/9/2010  Except (d)(2)(B).
                                         Fuel-Burning Equipment.
18 AAC 50.215.........................  Ambient Air Quality                1/4/2013  Except (a)(4) and (d).
                                         Analysis Methods.
18 AAC 50.220.........................  Enforceable Test Methods...       9/14/2012  Except (c)(1)(A), (B) (C),
                                                                                and (c)(2).
18 AAC 50.225.........................  Owner-Requested Limits.....       9/14/2012  ...........................
18 AAC 50.302.........................  Construction Permits.......       9/14/2012  Except (a)(3).
18 AAC 50.306.........................  Prevention of Significant          1/4/2013  ...........................
                                         Deterioration (PSD)
                                         Permits.
18 AAC 50.345.........................  Construction, Minor and           9/14/2012  Except (b), (c)(3), and
                                         Operating Permits:                           (l).
                                         Standard Permit Conditions.
18 AAC 50.400.........................  Permit Administration Fees.       9/14/2012  Except (a), (b), (c), (d),
                                                                                (f), (j)(1) through
                                                                                (j)(18), (j)(21) through
                                                                                (j)(23), and (k).
18 AAC 50.502.........................  Minor Permits for Air              1/4/2013  ...........................
                                         Quality Protection.
18 AAC 50.508.........................  Minor Permits Requested by        12/9/2010  ...........................
                                         the Owner or Operator.
18 AAC 50.510.........................  Minor Permit: 18 AAC 50.510       12/9/2010  ...........................
                                         Minor Permit--Title V
                                         Permit Interface.
18 AAC 50.540.........................  Minor Permit: Application..        1/4/2013  ...........................
18 AAC 50.542.........................  Minor Permit: Review and           1/4/2013  Except (b)(2).
                                         Issuance.
18 AAC 50.544.........................  Minor Permits: Content.....       12/9/2010  ...........................
18 AAC 50.546.........................  Minor Permits: Revisions...       7/15/2008  Except (b).
18 AAC 50.990.........................  Definitions................       9/14/2012  Except (92) as it relates
                                                                                to 18 AAC 50.040(i).
AS 46.14.550..........................  Responsibilities of Owner          1/4/2013  ...........................
                                         and Operator; Agent for
                                         Service.
AS 46.14.990..........................  Definitions................        1/4/2013  Except (1)-(3), (6), (7),
                                                                                (9)-(14), (19)-(26), and
                                                                                (28).
----------------------------------------------------------------------------------------------------------------

    As discussed above, EPA proposes to find that the statutes
submitted by ADEC in its SIP revisions, with the exceptions discussed
above, continue to provide Alaska with adequate legal authority to
carry out the requirements of the Alaska SIP. In general, the EPA is
not proposing to incorporate by reference the statutory provisions
submitted by Alaska to avoid potential conflict with the EPA's
independent authorities.
Provisions the EPA Is Proposing To Not Approve
    We are proposing to not approve the following provisions for the
reasons explained above and in the TSD:
     18 AAC 50.010 ``Ambient Air Quality Standards,''
paragraphs (7) and (8).
     18 AAC 50.030 ``State Air Quality Control Plan.''
     18 AAC 50.035 ``Documents, Procedures, and Methods Adopted
by Reference,'' subparagraphs (a)(6) and (b)(4).
     18 AAC 50.040 ``Federal Standards Adopted by Reference,''
paragraphs (a), (b), (c), (d), (e), (g), (j) and (k), and subparagraph
(h)(21).
     18 AAC 50.055 ``Industrial Processes and Fuel-Burning
Equipment,'' subparagraph (d)(2)(B).
     18 AAC 50.215 ``Ambient Air Quality Analysis Methods,''
subparagraph (a)(4).

     18 AAC 50.220 ``Enforceable Test Methods,'' subparagraph
(c)(2).
     18 AAC 50.326 ``Title V Operating Permits, paragraph (e).
     18 AAC 50.345 ``Construction and Operating Permits:
Standard Permit Conditions,'' paragraph (l).
     18 AAC 50.346 ``Construction and operating permits: Other
permit conditions,'' paragraphs (a), (b) and (c).
     18 AAC 50.400 ``Permit Administration Fees,'' paragraph
(a).
     18 AAC 50.542 ``Minor Permit: Review and Issuance,''
subparagraph (b)(2).
     18 AAC 50.546 ``Minor Permits: Revisions,'' paragraph (b).
     AS 46.14.540 ``Authority of Department in Cases of
Emergency.''
Provisions the EPA Is Removing From the SIP or From Incorporation by
Reference
    Under the authority of CAA section 110(k)(6), we are removing the
following provisions from the SIP because they implement other
requirements of the CAA and the State has not relied on these
provisions to demonstrate attainment or maintenance of the NAAQS or to
meet other specific requirements of section 110 of the CAA: 18 AAC
50.220(c)(1)(A), (B), (C) and 18 AAC 50.302(a)(3). We are also removing
AS 46.14.510(b), which was incorporated by reference on November 18,
1998 (63 FR 63983). However, we have determined that the provision is
addressed by incorporation by reference elsewhere in the Federally-
approved SIP.
Provisions the EPA Is Taking No Action On
    Finally, as detailed above and in the TSD, we are taking no action
on the following Alaska provisions: 18 AAC 50.040 ``Federal Standards
Adopted by Reference'' paragraph (i) (adoption by reference of Federal
nonattainment NSR regulations at 40 CFR 51.165); 18 AAC 50 Article 7
``Conformity;'' and AS 46.14.560 ``Unavoidable Malfunctions and
Emergencies.'' We intend to address these changes in a separate action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the 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
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 the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because this action 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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and the EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: April 23, 2014.
Dennis J. McLerran,
Regional Administrator Region 10.
[FR Doc. 2014-10204 Filed 5-2-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Notices]
[Pages 55379-55380]
[FR Doc No: 2018-24198]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-B-1859]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before February 4, 2019.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://www.fema.gov/preliminaryfloodhazarddata and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1859, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://www.fema.gov/preliminaryfloodhazarddata and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

David I. Maurstad,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
               Fremont County, Iowa and Incorporated Areas
          Project: 16-07-0307S Preliminary Date: June 29, 2018
------------------------------------------------------------------------
City of Farragut.......................  City Hall, 518 Hartford Avenue,
                                          Farragut, IA 51639.
City of Hamburg........................  City Office, 1201 Main Street,
                                          Hamburg, IA 51640.
City of Imogene........................  City Hall, 101 South Railroad
                                          Street, Imogene, IA 51645.
City of Randolph.......................  City Hall, 107 South Main
                                          Street, Randolph, IA 51649.
City of Riverton.......................  City Office, 803 Summer Avenue,
                                          Riverton, IA 51650.
City of Sidney.........................  City Hall, 604 Clay Street,
                                          Sidney, IA 51652.
Town of Thurman........................  Fremont County Courthouse, 2014
                                          290th Avenue, Sidney, IA
                                          51652.
Unincorporated Areas of Fremont County.  Fremont County Courthouse, 2014
                                          290th Avenue, Sidney, IA
                                          51652.
------------------------------------------------------------------------
                Mills County, Iowa and Incorporated Areas
          Project: 16-07-0303S Preliminary Date: June 29, 2018
------------------------------------------------------------------------
City of Emerson........................  City Hall, 410 Manchester
                                          Street, Emerson, IA 51533.
City of Glenwood.......................  City Hall, 5 North Vine Street,
                                          Glenwood, IA 51534.
City of Hastings.......................  City Hall, 401 Indian Avenue,
                                          Hastings, IA 51540.
City of Henderson......................  City Office, 310 Maple Street,
                                          Henderson, IA 51541.
City of Malvern........................  City Hall, 107 East 4th Street,
                                          Malvern, IA 51551.
City of Pacific Junction...............  City Hall, 407 Lincoln Avenue,
                                          Pacific Junction, IA 51561.
City of Silver City....................  City Hall, 417 Main Street,
                                          Silver City, IA 51571.
Unincorporated Areas of Mills County...  Mills County Engineer's Office,
                                          403 Railroad Avenue, Glenwood,
                                          IA 51534.
------------------------------------------------------------------------
              Dodge County, Nebraska and Incorporated Areas
  Project: 17-07-1393S Preliminary Dates: November 17, 2017 and May 23,
                                  2018
------------------------------------------------------------------------
City of Hooper.........................  City Office, 124 North Main
                                          Street, Hooper, NE 68031.
Unincorporated Areas of Dodge County...  Dodge County Courthouse, 435
                                          North Park Avenue, Fremont, NE
                                          68025.
------------------------------------------------------------------------

[FR Doc. 2018-24198 Filed 11-2-18; 8:45 am]
 BILLING CODE 9110-12-P