[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Proposed Rules]
[Pages 11497-11500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04753]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2015-0353, FRL-9943-24-Region 10]
Approval and Promulgation of Implementation Plans; Alaska:
Updates to Incorporation by Reference and Miscellaneous Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
certain State Implementation Plan revisions submitted by Alaska on May
12, 2015. The revisions updated the incorporation by reference of
certain Federal provisions, revised rules to reflect changes to Federal
permitting requirements and the 2013 redesignation of the Mendenhall
Valley area of Juneau, and made minor clarifications. We note that the
May 12, 2015 submission also addressed transportation conformity and
infrastructure requirements. These requirements are not being addressed
in this action. We approved the transportation conformity revisions in
a previous action on September 8, 2015 and we intend to address the
infrastructure requirements in a separate, future action.
DATES: Comments must be received on or before April 4, 2016.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2015-0353, at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from http://www.regulations.gov. The EPA may
publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information the disclosure of which is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e. on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit
[[Page 11498]]
http://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
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 at
http://www.regulations.gov or in hard copy during normal business hours
at the Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth
Avenue, Seattle, Washington 98101.
FOR FURTHER INFORMATION CONTACT: Kristin Hall at (206) 553-6357 or
[email protected].
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. Analysis of Rule Updates
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
Section 110 of the Clean Air Act (CAA) governs the process by which
a state submits air quality requirements to the EPA for approval into
the State Implementation Plan (SIP). The SIP is a state's plan to
implement, maintain and enforce the National Ambient Air Quality
Standards (NAAQS) set by the EPA. Alaska's air quality regulations are
set forth at Alaska Administrative Code Title 18 Environmental
Conservation, Chapter 50 Air Quality Control (18 AAC 50). Alaska
regularly revises these and other rules to implement, maintain and
enforce the standards.
We note that Alaska incorporates by reference portions of certain
Federal regulations directly into the Alaska SIP. Alaska generally
submits an annual update to the EPA to ensure that its rules stay
consistent with Federal requirements. On May 12, 2015, Alaska submitted
such an update, and included other revisions to account for changes to
Federal permitting rules and the 2013 redesignation of the Mendenhall
Valley area of Juneau. Alaska also included some minor rule
clarifications and edits.
We note that the May 12, 2015 submission also addressed
transportation conformity and infrastructure-related requirements.
These requirements are not being addressed in this action. We
previously approved the transportation conformity revisions on
September 8, 2015 (80 FR 53735). We intend to address the
infrastructure requirements in a separate, future action.
II. Analysis of Rule Updates
Ambient Air Quality Standards--18 AAC 50.010
In the Ambient Air Quality Standards rule section, Alaska revised
paragraph (1)(A) to reference the appropriate Federal interpretation
method for determining compliance with the 24-hour standard for
particulate matter with an aerodynamic diameter less than or equal to a
nominal 10 micrometers (PM10). The interpretation method is
specified at 40 CFR part 50, Appendix K, and Alaska incorporates this
provision by reference into the Alaska SIP at 18 AAC 50.035(b). We are
proposing to approve this revision.
We note that, consistent with our September 19, 2014 action, we are
not approving paragraphs (7) and (8) of this section, which establish
state ambient air quality standards for reduced sulfur compounds and
ammonia (79 FR 56268). These are not NAAQS established under section
109 of the CAA and Alaska 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.
Air Quality Designations--18 AAC 50.015
Alaska revised paragraphs (b)(2) and (e) of the Air Quality
Designations, Classifications, and Control Regions rule section to
reflect the redesignation of the Mendenhall Valley area of Juneau to
attainment for the 24-hour PM10 NAAQS. The EPA approved
Alaska's maintenance plan and request to redesignate the area on May 9,
2013 (78 FR 27071). We are proposing to approve the update to this rule
section to reflect the redesignation.
Baseline Dates and Maximum Allowable Increases--18 AAC 50.020
Alaska updated Table 2 in paragraph (a) of the Baseline Dates and
Maximum Allowable Increases rule section to set the minor source
baseline date for fine particulate matter (PM2.5) for the
Northern Alaska Intrastate Air Quality Control Region. This baseline
date is calculated based on a trigger date set in Federal major source
permitting regulations. The baseline date is calculated as the date on
which the first complete Prevention of Significant Deterioration (PSD)
permit application is received after the EPA trigger date--which for
PM2.5 is October 20, 2011. For this region of Alaska, the
minor source baseline date is November 2, 2012. Emission changes at
sources after this date consume the PM2.5 PSD increment. We
are proposing to approve this rule revision.
Documents, Procedures and Methods Adopted by Reference--18 AAC 50.035
Alaska submitted revisions to paragraphs (a) and (b) of the
Documents, Procedures and Methods Adopted by Reference rule section to
include the Quality Assurance Handbook for Air Pollutant Measurement
Systems and the Federal reference method for measuring carbon monoxide
in ambient air. Alaska also repealed the section's reference to a
Federal monitoring provision that was likewise repealed. The revisions
update the incorporation by reference of specific Federal procedures
and methods into the Alaska SIP, as of February 27, 2014. We are
proposing to approve the submitted revisions.
We note that, consistent with our September 19, 2014 action, we are
not approving paragraph (a)(6) of this rule section because the
provision implements requirements of title V of the CAA and not
requirements of section 110 of title I of the CAA. We are also not
approving paragraph (b)(4) which specifies test methods related to 40
CFR part 63 because it is not related to attainment or maintenance of
the NAAQS or other specific requirements of section 110 of the CAA (79
FR 56268).
Federal Standards Adopted by Reference--18 AAC 50.040
Alaska submitted revisions to paragraphs (f) and (h) of the Federal
Standards Adopted by Reference rule section to update the citation
dates for the adoption by reference of the Federal Guideline on Air
Quality Models at paragraph (f) and the Federal PSD permitting
requirements at paragraph (h). We are proposing to approve the changes
to 18 AAC 50.040(f) and (h) because they update the Alaska SIP to
reflect recent changes to Federal requirements, including the EPA's
final rule to remove specific screening provisions from PSD regulations
that were vacated by a court and subsequently repealed by the EPA, as
discussed below.
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
a judgment that, among other things, vacated the provisions adding the
PM2.5 Significant Monitoring Concentration (SMC) to the
[[Page 11499]]
Federal regulations, at 40 CFR 51.166(i)(5)(i)(c) and
52.21(i)(5)(i)(c), that were promulgated as part of the ``Prevention of
Significant Deterioration (PSD) for Particulate Matter Less than 2.5
Micrometers (PM2.5)--Increments, Significant Impact Levels
(SILs) and Significant Monitoring Concentration (SMC); Final Rule,''
(75 FR 64864, October 10, 2010) (2010 PSD PM2.5
Implementation Rule).
In its decision, the court held that the EPA did not have the
authority to use SMCs to exempt permit applicants from statutory
requirements related to PSD. Although the PM2.5 SMC was not
a required element of a state's PSD program, were a state PSD program
that contains such a provision to rely on that provision to issue 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 the CAA.
This decision also--at the EPA's request--vacated and remanded to
the EPA for further consideration the portions of the 2010 PSD
PM2.5 Implementation Rule that revised certain Federal
regulations related to Significant Impact Levels (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.
The court's decision does not affect the PSD increments for
PM2.5 promulgated as part of the 2010 PSD PM2.5
Implementation Rule.
The EPA 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 is initiating a
separate rulemaking regarding the PM2.5 SILs that will
address the court's remand.
In the May 12, 2015 submission, Alaska updated the citation date
for the incorporation by reference of Federal PSD permitting rules to
December 9, 2013, to capture the EPA's removal of the vacated SILs and
SMC provisions. In addition, Alaska submitted changes to the Ambient
Air Quality Analysis Methods rule section at 18 AAC 50.215 to address
the court vacatur. These changes are discussed below. We are proposing
to approve the changes to 18 AAC 50.040(h) and 18 AAC 50.215 as being
consistent with the court decision and revised EPA regulations for the
PM2.5 SMC and SILs.
Ambient Air Quality Analysis Methods--18 AAC 50.215
Alaska revised paragraph (a)(3) of the Ambient Air Quality Analysis
Methods rule section to include a reference to the Quality Assurance
Project Plan for the State of Alaska Air Monitoring and Quality
Assurance Program (QAPP) for meteorological data, as adopted by
reference in 18 AAC 50.030. We are proposing to approve the revision
because the EPA has reviewed and approved the QAPP through a separate
quality assurance/quality control review process.
Alaska revised paragraph (d) of this section, intending to align
the rule language with the explanation of when and how SILs should be
used by permitting authorities that the EPA provided in the preamble to
the Federal Register publication when the provisions were originally
promulgated (October 20, 2010, 75 FR 64864). Alaska also updated the
SILs table in paragraph (d), adding SILs for the annual and 24-hour
PM2.5 NAAQS, and for 1-hour sulfur dioxide (SO2)
and nitrogen dioxide (NO2) NAAQS. The SILs values in the
table are consistent with the EPA's implementing regulations at 40 CFR
51.165(b) and the EPA's NO2 and SO2 guidance and
recommended interim SILs for the 1-hour NO2 and 1-hour
SO2 NAAQS. We are proposing to approve the revisions as
being consistent with the January 22, 2013, court decision vacating the
PM2.5 SILs and SMC discussed above.
Consistent with our previous actions on the Alaska SIP, the EPA is
proposing not to approve paragraph (a)(4), which authorizes the Alaska
Department of Environmental Conservation to approve any alternative
method that it determines is ``representative, accurate, verifiable,
capable of replication.'' In essence, this subparagraph allows the
department to modify requirements relied on to attain and maintain the
NAAQS without a SIP revision. For additional discussion, please see the
technical support documents for our previous actions on September 19,
2014 (79 FR 56268) and on August 14, 2007 (72 FR 45378). See also 78 FR
12460, 12485-86 (Feb. 22, 2013).
III. Proposed Action
We are proposing to approve and incorporate by reference into the
Alaska SIP the following revised provisions, state effective April 17,
2015:
18 AAC 50.010 Ambient Air Quality Standards, except
paragraphs (7) and (8);
18 AAC 50.015 Air Quality Designations, Classifications,
and Control Regions;
18 AAC 50.020 Baseline Dates and Maximum Allowable
Increases;
18 AAC 50.035 Documents, Procedures and Methods Adopted by
Reference, except paragraphs (a)(6) and (b)(4);
18 AAC 50.040 Federal Standards Adopted by Reference,
except (a), (b), (c), (d), (e), (g), (i), (j), and (k); and
18 AAC 50.215 Ambient Air Quality Analysis Methods, except
(a)(4).
We note that we previously approved the submitted rule revisions
related to transportation conformity at 18 AAC 50.700 through 18 AAC
50.750 and 18 AAC 50.990 on September 8, 2015 (80 FR 53735).
IV. Incorporation by Reference
In this rule, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, we are proposing to incorporate by
reference the provisions described above in Section VI. Proposed
Action.
The EPA has made, and will continue to make, these documents
generally available electronically through http://www.regulations.gov
and/or in hard copy at the appropriate EPA office (see the ADDRESSES
section of this preamble for more information).
V. 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
proposed action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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
[[Page 11500]]
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because it does not involve technical standards; and
does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 17, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2016-04753 Filed 3-3-16; 8:45 am]
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