[Federal Register Volume 63, Number 159 (Tuesday, August 18, 1998)]
[Proposed Rules]
[Pages 44208-44211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22194]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[AK 15-1703; FRL-6146-4]
Approval and Promulgation of Implementation Plans; Alaska
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) invites public
comment on its proposed approval of numerous revisions to the State of
Alaska Implementation Plan submitted to EPA by the Director of the
Alaska Department of Environmental Conservation (ADEC) on January 8,
1997, and March 17, 1998. The revisions were submitted in accordance
with the requirements of section 110 and Part D of the Clean Air Act
(hereinafter the Act). EPA is taking no action at this time on the
provisions relating to the permitting of stationary sources, including
the construction of new and modified stationary sources, Part D new
source review, and prevention of significant deterioration permitting,
but will propose action on those provisions in a separate notice. EPA
is also taking no action on a number of provisions which are unrelated
to the purposes of the implementation plan, including the Alaska
provisions for implementing the Title V operating permit program.
DATES: Comments must be postmarked on or before September 17, 1998.
ADDRESSES: Written comments should be addressed to: Montel Livingston,
SIP Manager, EPA, Office of Air Quality (OAQ-107), 1200 Sixth Avenue,
Seattle, Washington 98101.
Copies of the State's request and other information supporting this
proposed action are available for inspection during normal business
hours at the following locations: EPA, Office of Air Quality (OAQ-107),
1200 Sixth Avenue, Seattle, Washington 98101, and Alaska Department of
Environmental Conservation, 410 Willoughby Avenue, Juneau, Alaska
99801.
FOR FURTHER INFORMATION CONTACT: David C. Bray, Senior Air Pollution
Scientist, Office of Air Quality (OAQ-107), EPA, Seattle, Washington,
(206) 553-4253.
SUPPLEMENTARY INFORMATION:
I. Background
The Clean Air Act Amendments of 1990, Title V, requires States to
develop operating permit programs for most stationary sources. While
Title V operating permit programs are not approved as part of the State
Implementation Plan (SIP) under section 110 of the Act, many provisions
of the SIP will interact closely with the Title V operating permit
program. As such, many States will be revising provisions of their SIPs
to facilitate and improve the relationship between their SIP and their
Title V operating permit program. The ADEC amended numerous provisions
of its current rules for air pollution sources and submitted them to
EPA on January 8, 1997, and March 17, 1998, as revisions to the Alaska
SIP.
II. Description of Submittals
On January 8, 1997, the Director of ADEC submitted the Alaska air
quality regulations, 18 Alaska Administrative Code (AAC) 50, effective
January 18, 1997 (with the exception of 18 AAC 50.055(a)(9), 50.085,
50.090, 50.110, 50.300(g), and 50.310(I)), to EPA as a revision to the
Alaska SIP. These regulations are intended to replace entirely the
current version of the 18 AAC 50 in the EPA-approved SIP. (See 40 CFR
52.75 for identification of the regulations contained in the current
EPA-approved SIP.) The January 8, 1997, submittal also includes the
current Alaska Statutes for air pollution control, specifically the
1993 Alaska Act (Chapter 74 State Legislative Act 1993) relating to air
quality control and the prevention, abatement, and control of air
pollution as a revision to the statutes in the EPA-approved SIP.
Finally, the submittal includes the ``In Situ Burning Guidelines for
Alaska (revised 5/94),'' which implement certain provisions of the open
burning regulations in 18 AAC 50.065. On March 17, 1998, the Director
of ADEC resubmitted revisions to the opacity and particulate emission
standards for urea prilling towers in operation before July 1, 1972 (18
AAC 50.055(a)(3) and (b)(6)), along with the ambient impact
demonstrations required under 40 CFR part 51, appendix V to support the
changes in emission standards.
III. Proposed Action
A. Changes to Emission Standards
The amended rules include two changes to the emission standards for
urea prilling towers in operation prior to July 1, 1972. First, the
opacity limit in 18 AAC 50.055(a)(3) is changed from 30 percent to 55
percent (not to be exceeded for more than three minutes in any one
hour), and a 40 percent (24-hour average) standard is added. Second,
the particulate emission limit in 18 AAC 50.055(b)(6) is changed from
0.1 grains per dry standard cubic foot to 0.04 grains per dry standard
cubic foot. The SIP revision submittal includes an adequate
demonstration, including dispersion modeling, that the revised emission
standards ensure attainment and maintenance of the national ambient air
quality standards (NAAQS) for PM-10 and prevent the significant
deterioration of air quality in the area affected by urea prilling
towers. EPA, therefore, proposes to approve the amended emission
limitations as a revision to the Alaska SIP.
B. Revisions to Current Provisions
The amended rules include a number of changes to current provisions
to strengthen and improve air quality protection in certain areas of
Alaska. Special protection areas for sulfur dioxide are established in
18 AAC 50.025 in order to apply more stringent requirements in the
Unalaska and substantially revised, primarily through the addition of
provisions regulating firefighter training and the use of open burning
as an oil spill response countermeasure. The opacity standards for
marine vessels (18 AAC 50.070) are revised to address more and
different modes of operation for vessels operating within three miles
of the Alaska coastline. The regulations for wood-fired heating device
visible emission standards (18 AAC 50.075) are revised to incorporate
provisions of the Code of the city and Borough of Juneau, Alaska and an
Ordinance of the City and Borough of Juneau, Alaska, both of
[[Page 44209]]
which are provisions of the PM-10 attainment plan for the Juneau PM-10
nonattainment area. Finally, the provisions for enforceable test
methods (18 AAC 50.220) are revised and expanded to specify the
compliance methods for all emission standards and limitations
established in and pursuant to 18 AAC 50. EPA has determined that these
amendments improve and strengthen the provisions of the Alaska SIP and
proposes, therefore, to approve the changes as revisions to the Alaska
SIP.
C. Excess Emission Provisions
The amended rules include the addition of new provisions addressing
excess emissions (18 AAC 50.240). These provisions specify the
demonstration necessary to determine that excess emissions are
unavoidable and describe how periods of unavoidable excess emissions
are to be addressed in an enforcement action. Excess emissions which
are determined to be unavoidable under these provisions will be excused
and are not subject to penalty. However, the provisions do not limit
ADEC's authority to enjoin the emissions or require corrective action.
EPA has determined that these provisions conform to EPA requirements
for SIP excess emission rules (see February 15, 1983 memorandum
entitled ``Policy on Excess Emissions During Startup, Shutdown,
Maintenance, and Malfunctions'' from Kathleen M. Bennett, Assistant
Administrator for Air, Noise and Radiation to Regional Administrators,
Regions 1-X) and therefore, proposes to approve them as a revision to
the Alaska SIP.
D. Other New Provisions
The amended rules include the following new provisions which
strengthen and improve the rules: 18 AAC 50.005 ``Purpose and
Applicability of Chapter;'' 18 AAC 50.035 ``Documents, Procedures, and
Methods Adopted by Reference;'' 18 AAC 50.200 ``Information Requests;''
18 AAC 50.201 ``Ambient Air Quality Investigation;'' 18 AAC 50.205
``Certification;'' 18 AAC 50.400 ``Permit Administration Fees,''
subsections (a), (b)(1), and (c); 18 AAC 50.420 ``Billing Procedures;''
18 AAC 50.430 ``Appeal Procedures;'' and 18 AAC 50.900 ``Small Business
Assistance Program.'' EPA has determined that these new provisions are
consistent with the requirements of 40 CFR Part 51 and EPA guidance for
SIPs and therefore, proposes to approve the new provisions as revisions
to the Alaska SIP.
E. Definitions
The amended rules add a number of new definitions to 18 AAC 50.990
(formerly 18 AAC 50.900). In this action, EPA is proposing to approve
the new definitions of the following terms: ``Air pollution,'' ``air
pollution control equipment,'' ``air quality control requirement,''
``ambient air quality standards,'' ``black smoke,'' ``Clean Air Act,''
``conservation vent,'' ``contaminant,'' ``contaminant outlet,''
``delivery tank,'' ``emission limitation,'' ``emission standard,''
``EPA,'' ``excess emissions,'' ``expected,'' ``federal administrator,''
``fire service,'' ``gasoline distribution facility,'' ``hazardous
waste,'' ``industrial process,'' ``marine vessel,'' ``maximum true
vapor pressure,'' ``nonroutine repair,'' ``operator,'' ``organic
vapors,'' ``owner,'' ``person,'' ``rated capacity,'' ``scheduled
maintenance,'' ``shutdown,'' ``small business facility,'' ``startup,''
``state air quality control plan,'' ``uncontaminated fuel,'' ``upset,''
``vapor collection system,'' ``vapor-laden delivery tank,'' ``volatile
liquid,'' ``volatile liquid loading rack,'' ``volatile liquid storage
tank,'' and ``well servicing equipment.'' The amended rules also
include revisions to the definitions of the following terms: ``air
contaminant,'' ``incinerator,'' ``PM-10,'' ``stack,'' and ``wood-fired
heating device.'' EPA has determined that these new definitions, and
revisions to the existing definitions are consistent with EPA's
definitions in 40 CFR 51.100 and with the requirements of 40 CFR part
51. (See the ``Technical Support document for Action on Provisions of
18 AAC 50 Related to the State Implementation Plan,'' available at the
addresses listed above, for definitions that EPA is not proposing to
act on at this time.)
F. Legal Authority
EPA has reviewed the 1993 Alaska Air Act (Chapter 74 State
Legislative Act 1993, codified primarily at Title 46 Alaska Statutes
(AS) Chapter 14 and scattered sections of Titles 28, 29, 37, 42, 44,
and 45) relating to air quality and the prevention, abatement and
control of air pollution. EPA has determined that the statutes relating
to State policy, procedures, and investigatory and enforcement
authority are adequate to provide the necessary assurances sufficient
to insure implementation of the SIP as required for federal approval in
accordance with section 110 of the Act and 40 CFR Part 51, Subpart L of
EPA's regulations. In addition to establishing adequate legal authority
for the State, certain provisions of the Alaska Air Act also establish
enforceable requirements for owners or operators of sources of air
pollution in addition to those included in the State rules. These
provisions are AS 46.14.110(e) and (g) (relating to contaminant control
measures); AS 46.14.120(a) (relating to permits to construct); AS
46.14.130(a) (relating to permits to construct); AS 46.14.240(a)
(relating to permit administration fees); AS 46.14.250(a) (relating to
emission fees); AS 46.14.510(b) (relating to motor vehicle pollution
control equipment); AS 46.14.550 (responsibilities of owner and
operator); AS 46.14.560 (unavoidable malfunctions and upsets); AS
46.14.990 (definitions); and AS 45.45.400(a) (related to the sale of
motor vehicles). EPA is proposing to approve as federally enforceable
provisions of the SIP, the following provisions of the Alaska Statutes:
AS 46.14.110(e) and (g); AS 46.14.510(b); AS 46.14.550; AS 46.14.560;
AS 46.14.990, subsections (1), (2), (3), (6), (7), (8), (10), (13),
(15), (16), (17), (18), (22), (24), and (25); and AS 45.45.400(a). EPA
is taking no action at this time on the following provisions, but will
propose action on them in a subsequent notice: AS 46.14.120(a); AS
46.14.130(a); AS 46.14.240(a); AS 46.14.250(a); and AS 46.14.990,
subsections (4), (5), (9), (11), (12), (14), (19), (20), (21), and
(23).
G. Removing Provisions of the Current SIP
The SIP revision submittal includes a request from the State to
remove a provision of the ADEC rules from the current EPA-approved SIP.
Specifically, the State has requested that EPA remove 18 AAC 50.110
``Air Pollution Prohibited'' from the SIP. This provision is a general
nuisance provision which prohibits any source from causing emissions
which are injurious to human health or welfare, animal or plant life,
or property, or which would unreasonably interfere with the enjoyment
of life or property. Since this provision is not relied upon to meet
any requirement of the Act or EPA regulations, EPA is proposing to
remove the provision from the EPA-approved SIP.
H. Editorial Changes
The amended rules include numerous editorial changes to make the
rules internally consistent and easier to read and understand. The
primary changes include updated references to Alaska statutes, a
complete reorganization and renumbering of the rules, and updating the
internal cross references within the renumbered rules. EPA has
determined that the editorial changes improve and strengthen the rules
and proposes to
[[Page 44210]]
approve the amended rules as revisions to the Alaska SIP.
IV. Summary of Action
EPA is soliciting public comment on its proposed approval of
revisions to the State of Alaska Implementation Plan. Specifically, EPA
is proposing to approve the following provisions of 18 AAC 50 as
adopted by ADEC and effective on January 18, 1997: Section 005; Section
010, except for subsections (7) and (8); Section 025; Section 030;
Section 035; Section 045; Section 050; Section 055, except for
paragraph (d)(2)(B) (note that paragraph (a)(9) was not submitted by
ADEC); Section 060; Section 065; Section 070; Section 075; Section 200;
Section 201; Section 205; Section 220; Section 240; Section 245;
Section 400, paragraphs (a), (b)(1), and (c); Section 420; Section 430;
Section 900; and Section 990, subsections (2), (3), (4), (5), (6), (8),
(9), (10), (11), (14), (15), (16), (17), (19), (20), (23), (24), (25),
(26), (29), (31), (32), (33), (34), (35), (37), (39), (40), (42), (43),
(45), (47), (48), (50), (51), (53), (58), (59), (60), (61), (62), (63),
(65), (66), (67), (69), (70), (71), (72), (74), (75), (78), (79), (80),
(81), (83), (84), (85), (86), (89), (90), (91), (92), (93), (94), (95),
(96), (97), (99), and (100). (Note that 18 AAC 50, Sections 700 through
735 were already approved by EPA on September 27, 1995 (60 FR 49765).)
EPA is also proposing to approve the requested revocation of 18 AAC 50:
Section 010 ``Applicability of Local Government Regulations;'' Section
070 ``Motor Vehicle Emissions;'' and Section 900 ``Definitions,''
subsections (19) ``emission allowance,'' (27) ``maximum combustion
efficiency,'' (30) ``opacity,'' (45) ``ug/m3,'' (46) ``regional
supervisor,'' and (48) ``wood smoke control area.'' Also, as requested
by the Director of ADEC in the January 8, 1997 submittal, EPA is
proposing to remove 18 AAC 50.110 ``Air Pollution Prohibited''
(effective 5/26/72) from the EPA-approved SIP. EPA is proposing to
approve as federally enforceable provisions of the SIP, the following
provisions of the Alaska Statutes: AS 46.14.110(e) and (g); AS
46.14.510(b); AS 46.14.550; AS 46.14.560; AS 46.14.990, subsections
(1), (2), (3), (6), (7), (8), (10), (13), (15), (16), (17), (18), (22),
(24), and (25); and AS 45.45.400(a). Finally, EPA is proposing to
approve the ``In Situ Burning Guidelines for Alaska (revised 5/94).''
EPA is taking no action at this time on the following provisions of
18 AAC 50 which relate to the permitting of new and modified stationary
sources: Section 015; Section 020; Section 100; Section 210; Section
215; Section 225; Section 230; Section 250; Section 300; Section 305;
Section 310; Section 315; Section 320; Section 400, paragraphs (b)(2)
through (b)(5); Section 910; and Section 990, subsections (1), (7),
(13), (21), (22), (27), (28), (30), (36), (38), (41), (44), (46), (49),
(52), (54), (55), (56), (57), (64), (68), (73), (76), (77), (82), and
(98). Additionally, EPA is taking no action at this time on the
revocation of Section 520 ``Emission and Ambient Monitoring''
(effective 7/21/91) and Section 900 ``Definitions,'' subsections (52)
and (54) (effective 4/23/94). Finally, EPA is taking no action at this
time on the following provisions of the Alaska Statutes which relate to
the permitting of new and modified stationary sources: AS 46.14.120(a);
AS 46.14.130(a); AS 46.14.240(a); AS 46.14.250(a); and AS 46.14.990,
subsections (4), (5), (9), (11), (12), (14), (19), (20), (21), and
(23).
EPA is taking no action on the following provisions of 18 AAC 50
which do not relate to the purposes of the SIP under section 110 of the
Act, or which implement other provisions of the Clean Air Act (e.g.,
NSPS, NESHAP, Title V): Section 010, subsections (7) and (8); Section
040; Section 055, paragraph (d)(2)(B); Section 080; Section 235;
Section 300, paragraphs (f) and (h)(10); Section 310, paragraph (h);
Section 315, paragraph (e)(6); Section 322; Sections 325 through 380;
Section 400, paragraphs (b)(6) through (b)(10); Section 410; and
Section 990, subsections (12), (18), (87), and (88).
Interested parties are invited to comment on all aspects of this
proposed approval. Comments should be submitted to the address listed
in the front of this Notice. Public comments postmarked by September
17, 1998 will be considered in the final rulemaking action taken by
EPA.
V. Administrative Review
A. Executive Order 12866 and 13045
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866, entitled, ``Regulatory Planning and
Review'' review. The proposed rule is not subject to E.O. 13045,
entitled, ``Protection of Children from Environmental Health Risks and
Safety Risks'' because it is not an ``economically significant'' action
under E.O. 12866.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D, of the
CAA do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the Federal-State relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of State action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42
U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate,
or to the private sector, of $100 million or more. Under section 205,
EPA must select the most cost-effective and least burdensome
alternative that achieves the objectives of the rule and is consistent
with statutory requirements. Section 203 requires EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the proposed action does not include a
Federal mandate that may result in estimated annual costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
D. Alaska's Audit Law
Nothing in this action should be construed as making any
determination or expressing any position regarding Alaska's audit
privilege and penalty immunity law, (Alaska Audit Act, AS 09.25.450 et
seq., enacted in 1997) or its impact upon any approved provision in
[[Page 44211]]
the SIP, including the revision at issue here. The action taken herein
does not express or imply any viewpoint on the question of whether
there are legal deficiencies in this or any other Clean Air Act program
resulting from the effect of Alaska's audit privilege and immunity law.
A state audit privilege and immunity law can affect only state
enforcement and cannot have any impact on federal enforcement
authorities. EPA may at any time invoke its authority under the Clean
Air Act, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the Clean Air Act is likewise
unaffected by a state audit privilege or immunity law.
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by Reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 10, 1998.
Chuck Clarke,
Regional Administrator, Region 10.
[FR Doc. 98-22194 Filed 8-17-98; 8:45 am]
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