[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Proposed Rules]
[Pages 24914-24923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10938]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2017-0040; FRL-9963-13-Region 10]
Air Plan Approval; Alaska: Infrastructure Requirements for the
2008 Lead National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Whenever a new or revised National Ambient Air Quality
Standard (NAAQS) is promulgated, each state must submit a plan for the
implementation, maintenance and enforcement of such standard, commonly
referred to as infrastructure requirements. On July 9, 2012, Alaska
submitted a plan to address the infrastructure requirements for the
lead (Pb) NAAQS promulgated on October 15, 2008. The Environmental
Protection Agency (EPA) is proposing to approve the plan as meeting
Clean Air Act (CAA) requirements.
DATES: Comments must be received on or before June 30, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2017-0040, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure 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
[[Page 24915]]
make. The EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e. on the web, cloud, or
other file sharing system). For additional submission methods, the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kristin Hall, Air Planning Unit,
Office of Air and Waste (OAW-150), Environmental Protection Agency--
Region 10, 1200 Sixth Ave, Seattle, WA 98101; telephone number: (206)
553-6357; email address: [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. Infrastructure Elements
III. EPA Approach To Review of Infrastructure Submissions
IV. EPA Evaluation
V. Proposed Action
VI. Statutory and Executive Orders Review
I. Background
On October 15, 2008, the EPA revised the level of the primary and
secondary Pb standards to 0.15 micrograms per cubic meter ([micro]/
m\3\) (73 FR 66964). The CAA requires that states submit SIPs meeting
the requirements of CAA sections 110(a)(1) and (2) within three years
after promulgation of a new or revised standard. CAA sections 110(a)(1)
and (2) require states to address basic SIP elements, including
emissions inventories, monitoring, and modeling to assure attainment
and maintenance of the standards, so-called infrastructure
requirements. To help states, on October 14, 2011, the EPA issued
guidance to address the infrastructure requirements for the 2008 Pb
NAAQS (2011 Guidance).\1\ In addition, the EPA issued general
infrastructure guidance for multiple NAAQS (2013 Guidance).\2\ As noted
in these guidance documents, to the extent an existing SIP already
meets the CAA section 110(a)(2) requirements, states may certify that
fact via a letter to the EPA.
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\1\ Stephen D. Page, Director, Office of Air Quality Planning
and Standards. ``Guidance on Infrastructure State Implementation
Plan (SIP) Elements Required Under Sections 110(a)(1) and (2) for
the 2008 Lead (Pb) National Ambient Air Quality Standards.''
Memorandum to EPA Air Division Directors, Regions I-X, October 14,
2011.
\2\ Stephen D. Page, Director, Office of Air Quality Planning
and Standards. ``Guidance on Infrastructure State Implementation
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and
110(a)(2).'' Memorandum to EPA Air Division Directors, Regions 1-10,
September 13, 2013.
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On July 9, 2012, the Alaska Department of Environmental
Conservation (ADEC) submitted to the EPA a certification that Alaska's
SIP meets the infrastructure requirements for the 2008 Pb NAAQS and a
number of other NAAQS.\3\ We note that this action only addresses
infrastructure requirements for the 2008 Pb NAAQS and does not address
certain interstate transport requirements for the 2008 Pb NAAQS which
we previously approved on August 4, 2014 (79 FR 45103).
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\3\ The July 9, 2012, submission also addressed infrastructure
requirements for the 1997 and 2006 PM2.5 and 1997 and
2008 ozone NAAQS--which we approved in a series of actions on
October 15, 2008 (73 FR 60955), October 22, 2012 (77 FR 64425),
August 4, 2014 (79 FR 45103), and November 10, 2014 (79 FR 66651).
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II. Infrastructure Elements
CAA section 110(a)(1) provides the procedural and timing
requirements for SIP submissions after a new or revised NAAQS is
promulgated. CAA section 110(a)(2) lists specific elements that states
must meet for infrastructure SIP requirements related to a newly
established or revised NAAQS. These requirements include elements such
as modeling, monitoring, and emission limits that are designed to
implement, maintain and enforce the NAAQS. The requirements, with their
corresponding CAA subsection, are listed below:
110(a)(2)(A): Emission limits and other control measures.
110(a)(2)(B): Ambient air quality monitoring/data system.
110(a)(2)(C): Program for enforcement of control measures.
110(a)(2)(D): Interstate transport.
110(a)(2)(E): Adequate resources.
110(a)(2)(F): Stationary source monitoring system.
110(a)(2)(G): Emergency power.
110(a)(2)(H): Future SIP revisions.
110(a)(2)(I): Areas designated nonattainment and
applicable requirements of part D.
110(a)(2)(J): Consultation with government officials;
public notification; and Prevention of Significant Deterioration (PSD)
and visibility protection.
110(a)(2)(K): Air quality modeling/data.
110(a)(2)(L): Permitting fees.
110(a)(2)(M): Consultation/participation by affected local
entities.
The EPA's guidance document clarified that two elements identified
in CAA section 110(a)(2) are not governed by the three-year submission
deadline of CAA section 110(a)(1) because SIPs incorporating necessary
local nonattainment area controls are not due within three years after
promulgation of a new or revised NAAQS, but rather, are due at the time
the nonattainment area plan requirements are due pursuant to CAA
section 172 and the various pollutant specific subparts 2-5 of part D.
These requirements are: (i) Submissions required by CAA section
110(a)(2)(C) to the extent that subsection refers to a permit program
as required in part D, title I of the CAA, and (ii) submissions
required by CAA section 110(a)(2)(I) which pertain to the nonattainment
planning requirements of part D, title I of the CAA. As a result, this
action does not address infrastructure elements related to CAA section
110(a)(2)(C) with respect to nonattainment new source review (NSR) nor
CAA section 110(a)(2)(I). Furthermore, the EPA interprets the CAA
section 110(a)(2)(J) provision on visibility as not being triggered by
a new NAAQS because the visibility requirements in part C, title I of
the CAA are not changed by a new NAAQS.
III. EPA Approach To Review of Infrastructure Submissions
The EPA is taking action on the July 9, 2012 infrastructure
submission from Alaska for purposes of the 2008 Pb NAAQS. We previously
approved the same submission as meeting infrastructure requirements for
fine particulate matter and ozone standards (November 10, 2014, 79 FR
66651). In the preamble of our action, we published a discussion of the
EPA's approach to review of these submissions. Please see our July 16,
2014 proposed rule for the detailed discussion (79 FR 41496, at page
41498).
IV. EPA Evaluation
110(a)(2)(A): Emission Limits and Other Control Measures
CAA section 110(a)(2)(A) requires SIPs to include enforceable
emission limits and other control measures, means or techniques
(including economic incentives such as fees, marketable permits, and
auctions of emissions rights), as well as schedules and timetables for
compliance, as may be necessary or appropriate to meet the applicable
requirements of the CAA.
State submission: The submission cites laws set forth at Alaska
Statutes (AS) Chapters 46.03 Environmental Conservation and 46.14 Air
Quality Control, and regulations set forth at 18 AAC 50 Alaska
Administrative Code Title 18 Environmental Conservation,
[[Page 24916]]
Chapter 50 Air Quality Control (18 AAC 50). Relevant regulations are
listed below:
18 AAC 50.010: Ambient Air Quality Standards.
18 AAC 50.015: Air Quality Designations, Classifications,
and Control Regions.
18 AAC 50.040: Federal Standards Adopted by Reference.
18 AAC 50.055: Industrial Processes and Fuel Burning
Equipment.
18 AAC 50.302: Construction Permits.
18 AAC 50.306: Prevention of Significant Deterioration
Permits.
18 AAC 50.345: Construction and Operating Permits:
Standard Permit Conditions.
18 AAC 50.502: Minor Permits for Air Quality Protection.
18 AAC 50.508: Minor Permits Requested by the Owner or
Operator.
18 AAC 50.540: Minor Permit Application.
18 AAC 50.542: Minor Permit Review and Issuance.
EPA analysis: On September 19, 2014, the EPA approved numerous
revisions to the Alaska SIP, including updates to 18 AAC 50.010 Ambient
Air Quality Standards to reflect revisions to the NAAQS, including the
2008 Pb NAAQS (79 FR 56268). Alaska generally regulates emissions of Pb
through its SIP-approved major and minor new source review (NSR)
permitting programs. There are no designated nonattainment areas in
Alaska for the 2008 Pb NAAQS. However, the EPA does not consider SIP
requirements triggered by the nonattainment area mandates in part D,
title I of the CAA to be governed by the submission deadline of CAA
section 110(a)(1). Regulations and other control measures for purposes
of attainment planning under part D, title I of the CAA are due on a
different schedule than infrastructure SIPs.
Alaska's major NSR permitting rules in 18 AAC Chapter 50, Article 3
for attainment and unclassifiable areas, generally rely on the federal
PSD program regulations at 40 CFR 51.166 and 40 CFR 52.21, which are
incorporated by reference into the Alaska SIP, to implement its SIP-
approved PSD permitting program. The EPA most recently approved
revisions to Alaska's PSD permitting rules on May 19, 2016 (81 FR
31511). The current Alaska SIP-approved PSD program incorporates by
reference specific regulations at 40 CFR 52.21 and 40 CFR 51.166 as of
December 9, 2013.
Alaska regulates minor stationary sources of Pb through its
federally-approved minor NSR permitting program. Alaska's minor NSR
permitting rules in 18 AAC Chapter 50, Article 5 were originally
approved into the SIP on July 5, 1983, and the state has made updates
and revisions to the program throughout the years. The EPA most
recently approved substantive revisions to the Alaska minor NSR program
on September 19, 2014 (79 FR 56268), and minor clarifications on May
19, 2014 (81 FR 31511). In addition, we note that Alaska's SIP contains
rules that regulate industrial sources of pollutants, including
incinerator emission standards and emission limits for specific
industrial processes and fuel burning equipment. Based on the
foregoing, we are proposing to approve the Alaska SIP as meeting the
requirements of CAA section 110(a)(2)(A) for the 2008 Pb NAAQS.
In this action, we are not proposing to approve or disapprove any
existing Alaska provisions with respect to excess emissions during
startup, shutdown, or malfunction (SSM) of operations at a facility.
The EPA believes that a number of states may have SSM provisions that
are contrary to the CAA and existing EPA guidance and the EPA is
addressing such state regulations in a separate action. See ``State
Implementation Plans: Response to Petition for Rulemaking; Restatement
and Update of EPA's SSM Policy Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to
Excess Emissions During Periods of Startup, Shutdown and Malfunction:
Final Rule.'' (June 12, 2015, 80 FR 33840) (SSM SIP Call). The EPA
determined that certain SIP provisions in 36 states (applicable in 45
statewide and local jurisdictions), including Alaska, were
substantially inadequate to meet CAA requirements, and thus issued a
SIP call for each of those 36 states. The SIP call also embodies the
EPA's updated SSM Policy as it applies to SIP provisions and provides
guidance to states for compliance with CAA requirements for SIP
provisions applicable to excess emissions during SSM events. Alaska
submitted a SIP revision on January 9, 2017 in response to the SIP
Call. We intend to address the January 9, 2017 submission in a separate
action.
In addition, we are not proposing to approve or disapprove any
existing Alaska rules with respect to director's discretion or variance
provisions. Some states may have such provisions that are contrary to
the CAA and existing EPA guidance and the EPA is addressing such
regulations in a separate action via the SSM SIP Call (June 12, 2015,
80 FR 33840). We encourage any state having a director's discretion or
variance provision that is contrary to the CAA and EPA guidance to take
steps to correct the deficiency as soon as possible.
110(a)(2)(B): Ambient Air Quality Monitoring/Data System
CAA section 110(a)(2)(B) requires SIPs to include provisions to
provide for establishment and operation of ambient air quality
monitors, collecting and analyzing ambient air quality data, and making
these data available to the EPA upon request.
State submission: The submission references Alaska statutory and
regulatory authority to conduct ambient air monitoring investigations.
AS 46.03.020 Powers of the department paragraph (5) provides authority
to undertake studies, inquiries, surveys, or analyses essential to the
accomplishment of the purposes of ADEC. AS 46.14.180 Monitoring
provides authority to require sources to monitor emissions and ambient
air quality to demonstrate compliance with applicable permit program
requirements. 18 AAC 50.201 Ambient Air Quality Investigation provides
authority to require a source to do emissions testing, reduce
emissions, and apply controls to sources.
The submission references ADEC's revised Quality Assurance Project
Plan for the State of Alaska Air Monitoring and Quality Assurance
Program as amended through February 23, 2010. This document is adopted
by reference into the State Air Quality Control Plan at 18 AAC
50.030(4). ADEC states that the manual includes the appropriate,
federally-referenced ambient air quality monitoring and analysis
procedures and data quality objectives. Validated State & Local Air
Monitoring Stations, and Special Purpose Monitoring ambient air quality
monitoring data are verified, and then electronically reported to the
EPA through the Air Quality System on a quarterly basis.
The submission also references 18 AAC 50.035 Documents, Procedures,
and Methods Adopted by Reference which include the most current,
federal reference and interpretation methods for Pb. These methods are
used by ADEC in ambient air quality monitoring program to determine
compliance with the standards.
EPA analysis: A comprehensive air quality monitoring plan, intended
to meet the requirements of 40 CFR part 58 was submitted by Alaska on
January 18, 1980 and approved by the EPA on April 15, 1981 (40 CFR
52.70). This monitoring plan has been updated and revised over time.
The EPA most recently reviewed Alaska's 2015
[[Page 24917]]
monitoring plan \4\ on October 28, 2015.\5\ Alaska's 2015 plan
references the source-oriented ambient air monitoring for Pb that was
conducted at the Red Dog Mine, located in a remote part of the
Northwest Arctic Borough. In 2016, the state requested a waiver from
source-oriented monitoring requirements at the mine based on dispersion
modeling, the results of which demonstrated that the source will not
contribute to a maximum lead concentration in ambient air in excess of
50 percent of the Pb NAAQS. The EPA granted the waiver request on
August 11, 2016.\6\
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\4\ 2015 Alaska Ambient Air Monitoring Network Plan.
\5\ 2015 Ambient Air Monitoring Network Plan Approval Letter,
October 28, 2015.
\6\ Red Dog Mine Monitoring Waiver Letter, August 11, 2016.
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We find that the Alaska Pb monitoring network meets the
requirements of 40 CFR part 58 and we are therefore proposing to
approve the Alaska SIP as meeting CAA section 110(a)(2)(B) for the 2008
Pb NAAQS. We note that the waiver must be renewed once every five years
as part of the network assessment required under 40 CFR 58.10(d). If
site conditions have changed such that the previous modeling is no
longer appropriate, ADEC must update the modeling based on current
conditions. See 40 CFR part 58, Appendix D, Section 4.5(a)(ii).
110(a)(2)(C): Program for Enforcement of Control Measures
CAA section 110(a)(2)(C) requires states to include a program
providing for enforcement of all SIP measures and the regulation of
construction of new or modified stationary sources, including a program
to meet PSD and nonattainment NSR requirements.
State submission: The submission references ADEC's statutory
authority to regulate stationary sources via an air permitting program
established in AS 46.14 ``Air Quality Control,'' Article 01 ``General
Regulations and Classifications'' and Article 02 ``Emission Control
Permit Program.'' The submission states that ADEC's PSD/NSR programs
were approved by the EPA on August 14, 2007 (72 FR 45378). The
submission references the following regulations:
18 AAC 50.045: Prohibitions.
18 AAC 50.302: Construction Permits.
18 AAC 50.306: Prevention of Significant Deterioration
Permits.
18 AAC 50.345: Construction and Operating Permits:
Standard Permit Conditions.
18 AAC 50.508: Minor Permits Requested by the Owner or
Operator.
18 AAC 50.540: Minor Permit: Application.
18 AAC 50.542: Minor Permit Review and Issuance.
18 AAC 50.542(c): Screening Ambient Air Quality Analysis.
The submission states that a violation of the prohibitions in the
regulations above, or any permit condition, can result in civil actions
(AS 46.03.760 Civil action for pollution; damages), administrative
penalties (AS 46.03.761 Administrative penalties), or criminal
penalties (AS 46.03.790 Criminal penalties). In addition, the
submission refers to regulations pertaining to compliance orders and
enforcement proceedings found at 18 AAC Chapter 95 Administrative
Enforcement. AS 46.03.820 Emergency Powers provides ADEC with emergency
order authority where there is an imminent and present danger to health
or welfare.
EPA analysis: With respect to the requirement to have a program
providing for enforcement of all SIP measures, we are proposing to find
that Alaska statute provides ADEC authority to enforce air quality
regulations, permits, and orders promulgated pursuant to AS 46.03 and
AS 46.14. ADEC staffs and maintains an enforcement program to ensure
compliance with SIP requirements. ADEC has emergency order authority
when there is an imminent or present danger to health or welfare or
potential for irreversible or irreparable damage to natural resources
or the environment. Enforcement cases may be referred to the State
Department of Law. Therefore, we are proposing to approve the Alaska
SIP as meeting the requirements of CAA section 110(a)(2)(C) related to
enforcement for the 2008 Pb NAAQS.
To generally meet the requirements of CAA section 110(a)(2)(C) with
respect to the regulation of construction of new or modified stationary
sources, states are required to have PSD, nonattainment NSR, and minor
NSR permitting programs adequate to implement the 2008 Pb NAAQS. As
explained above, we are not evaluating nonattainment related
provisions, such as the nonattainment NSR program required by part D,
title I of the CAA.
Alaska's major NSR permitting rules in 18 AAC Chapter 50, Article 3
for attainment and unclassifiable areas, generally relies on the
federal PSD program regulations at 40 CFR 51.166 and 40 CFR 52.21,
which are incorporated by reference into the Alaska SIP, to implement
its SIP-approved PSD permitting program. The EPA most recently approved
revisions to Alaska's PSD permitting program on May 19, 2016 (81 FR
31511). The current Alaska SIP-approved PSD permitting program
incorporates by reference specific regulations at 40 CFR 52.21 and 40
CFR 51.166 as of December 9, 2013. We are proposing to approve the
Alaska SIP as meeting the requirements of CAA section 110(a)(2)(C) with
respect to PSD for the 2008 Pb NAAQS.
With respect to CAA section 110(a)(2)(C) and (J), the EPA
interprets the CAA to require each state to make an infrastructure SIP
submission for a new or revised NAAQS that demonstrates the state has a
complete PSD permitting program meeting the current requirements for
all regulated NSR pollutants. The requirements of CAA section
110(a)(2)(D)(i)(II) may also be satisfied by demonstrating the state
has a complete PSD permitting program correctly addressing all
regulated NSR pollutants. Alaska has shown that it currently has a PSD
program in place that covers all regulated NSR pollutants, including
greenhouse gas (GHG) emissions. We are proposing to approve the Alaska
SIP as meeting the requirements of CAA section 110(a)(2)(C), (D)(i)(II)
and (J) with respect to PSD.
We note that on January 4, 2013, the U.S. Court of Appeals in the
District of Columbia, in Natural Resources Defense Council v. EPA, 706
F.3d 428 (D.C. Cir.), issued a judgment that remanded two of the EPA's
rules implementing the 1997 PM2.5 NAAQS, including the
``Implementation of New Source Review (NSR) Program for Particulate
Matter Less Than 2.5 Micrometers (PM2.5),'' (May 16, 2008,
73 FR 28321) (2008 PM2.5 NSR Implementation Rule). The court
ordered the EPA to ``repromulgate these rules pursuant to Subpart 4
consistent with this opinion.'' Id. at 437. Subpart 4 of part D, title
I of the CAA establishes additional provisions for particulate matter
nonattainment areas. The 2008 PM2.5 NSR Implementation Rule
addressed by the court's decision promulgated NSR requirements for
implementation of PM2.5 in both nonattainment areas
(nonattainment NSR) and attainment/unclassifiable areas (PSD). As the
requirements of subpart 4 only pertain to nonattainment areas, the EPA
does not consider the portions of the 2008 PM2.5 NSR
Implementation Rule that address requirements for PM2.5
attainment and unclassifiable areas to be affected by the court's
opinion. Moreover, the EPA does not anticipate the need to revise any
PSD requirements promulgated in the 2008 PM2.5 NSR
Implementation Rule in
[[Page 24918]]
order to comply with the court's decision.
To address the court's remand, the EPA promulgated a final rule for
the ``Fine Particulate Matter National Ambient Air Quality Standards:
State Implementation Plan Requirements'' on August 24, 2016 (81 FR
58011). This rule sets requirements for major stationary sources in
PM2.5 nonattainment areas. The EPA interprets the CAA
section 110(a)(1) and (2) infrastructure submissions due three years
after adoption or revision of a NAAQS to exclude nonattainment area
requirements, including requirements associated with a nonattainment
NSR program. Instead, these elements are typically referred to as
nonattainment SIP or attainment plan elements, which are due by the
dates statutorily prescribed under subparts 2 through 5 under part D,
extending as far as ten years following designations for some elements.
Accordingly, our proposed approval of elements 110(a)(2)(C),
(D)(i)(II), and (J), with respect to the PSD requirements, does not
conflict with the court's opinion.
In addition, 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 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,'' (October 10, 2010, 75 FR 64864)
(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 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, were a state PSD program that contains such a provision to use
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
section 165(e)(2) 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 40 CFR 51.166 and 40
CFR 52.21 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). On May 19, 2016, we approved revisions
to the Alaska SIP as being consistent with the court decision and
revised EPA regulations (81 FR 31511).
The EPA has also promulgated revisions to federal PSD requirements
for greenhouse gas (GHG) emissions, in response to a court remand and
vacatur. Specifically, on June 23, 2014, the United States Supreme
Court, in Utility Air Regulatory Group (UARG) v. EPA,\7\ issued a
decision that said the EPA may not treat GHGs as air pollutants for
purposes of determining whether a source is a major source (or
modification thereof) required to obtain a PSD permit. The Court also
said the EPA could continue to require that PSD permits otherwise
required based on emissions of pollutants other than GHGs contain
limits on GHG emissions based on the application of Best Available
Control Technology (BACT).
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\7\ 134 S.Ct. 2427 (2014).
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In response to the UARG decision, and the subsequent Amended
Judgment issued by the D.C. Circuit (Amended Judgment),\8\ the EPA
revised the federal PSD rules to allow for the rescission of PSD
permits that are no longer required under these decisions, (May 7,
2015, 80 FR 26183), and to remove the regulatory provisions that were
specifically vacated by the Amended Judgment, (August 19, 2015, 80 FR
50199) (removing 40 CFR 51.166(b)(48)(v), 52.21(b)(49)(v), 52.22,
70.12, and 71.13). In addition, the EPA proposed to revise provisions
in the PSD permitting regulations applicable to GHGs to fully conform
with UARG and the Amended Judgment, but those revisions have not been
finalized (Oct. 3, 2016, 81 FR 68110).
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\8\ Coalition for Responsible Regulation v. EPA, Nos. 09-1322,
10-073, 10-1092, and 10-1167 (April 15, 2015).
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The EPA anticipates that many states will revise their existing
SIP-approved PSD programs in light of the Supreme Court's decision and
the EPA's changes to federal PSD rules in response to the decision. At
this juncture, the EPA is not expecting states to have revised their
PSD programs for purposes of infrastructure SIP submissions and is only
evaluating such submissions to assure that the state's program
correctly addresses GHGs consistent with the Supreme Court's decision.
At present, the EPA has determined the Alaska SIP is sufficient to
satisfy CAA section 110(a)(2)(C), (D)(i)(II) and (J) with respect to
GHGs because the PSD permitting program previously-approved by the EPA
into the SIP continues to require that PSD permits (otherwise required
based on emissions of pollutants other than GHGs) contain limitations
on GHG emissions based on the application of BACT. Although the
approved Alaska PSD permitting program may currently contain provisions
that are no longer necessary in light of the Supreme Court decision,
this does not render the infrastructure SIP submission inadequate to
satisfy CAA section 110(a)(2)(C), (D)(i)(II) and (J) for purposes of
the 2008 Pb NAAQS.
The SIP contains the necessary PSD requirements at this time, and
the application of those requirements is not impeded by the presence of
other previously-approved provisions regarding the permitting of
sources of GHGs that the EPA does not consider necessary at this time
in light of the Supreme Court decision. Accordingly, the Supreme Court
decision does not affect our proposed approval of the Alaska SIP as
meeting the requirements of CAA section 110(a)(2)(C), (D)(i)(II) and
(J) as those elements relate to a comprehensive PSD program. In this
action we are proposing to approve the Alaska SIP as meeting the
requirements of CAA section 110(a)(2)(C), (D)(i)(II) and (J) as those
elements relate to a comprehensive PSD program.
Turning to the minor NSR requirement, Alaska regulates minor
stationary sources of Pb through its federally-approved minor NSR
permitting program. Alaska's program was originally approved into the
SIP on July 5, 1983, and the state has made updates and revisions to
the program throughout the years. The EPA most recently approved
substantive revisions to the Alaska minor NSR program on September 19,
2014 (79 FR 56268). Based on the foregoing, we are proposing to approve
the Alaska SIP as
[[Page 24919]]
meeting the requirements of CAA section 110(a)(2)(C) for the 2008 Pb
NAAQS.
110(a)(2)(D): Interstate Transport
CAA section 110(a)(2)(D)(i) requires state SIPs to include
provisions prohibiting any source or other type of emissions activity
in one state from contributing significantly to nonattainment, or
interfering with maintenance of the NAAQS in another state (CAA section
110(a)(2)(D)(i)(I)). Further, this section requires state SIPs to
include provisions prohibiting any source or other type of emissions
activity in one state from interfering with measures required to
prevent significant deterioration (PSD) of air quality, or from
interfering with measures required to protect visibility (i.e. measures
to address regional haze) in any state (CAA section
110(a)(2)(D)(i)(II)). As noted above, this action also does not address
the requirements of CAA section 110(a)(2)(D)(i)(I) for the 2008 Pb
NAAQS which we previously approved on August 4, 2014 (79 FR 45103).
State submission: For purposes of CAA section 110(a)(2)(D)(i)(II),
the submission references the Alaska SIP-approved PSD program and the
Alaska Regional Haze Plan.
EPA analysis: CAA section 110(a)(2)(D)(i)(II) requires state SIPs
to contain adequate provisions prohibiting emissions which will
interfere with any other state's required measures to prevent
significant deterioration (PSD) of its air quality (prong 3), and
adequate provisions prohibiting emissions which will interfere with any
other state's required measures to protect visibility (prong 4).
To address whether emissions from sources in Alaska interfere with
any other state's required measures to prevent significant
deterioration of air quality, the submission references the Alaska
federally-approved PSD program. The EPA most recently approved
revisions to Alaska's PSD program on May 19, 2016 (81 FR 31511). The
Alaska SIP incorporates by reference federal PSD requirements as of
December 9, 2013. We believe that our proposed approval of element
110(a)(2)(D)(i)(II) is not affected by recent court vacaturs of federal
PSD implementing regulations. Please see our discussion at section
110(a)(2)(C). Therefore, we are proposing to approve the Alaska SIP as
meeting the requirements of CAA section 110(a)(2)(D)(i)(II) with
respect to PSD (prong 3) for the 2008 Pb NAAQS.
To address whether emissions from sources in Alaska interfere with
any other state's required measures to protect visibility, the
submission references the Alaska Regional Haze SIP, which was submitted
to the EPA on March 29, 2011. The Alaska Regional Haze SIP addresses
visibility impacts across states within the region. On February 14,
2013, the EPA approved the Alaska Regional Haze SIP, including the
requirements for best available retrofit technology (78 FR 10546).
The EPA believes, as noted in the 2013 Guidance, that with respect
to the CAA section 110(a)(2)(D)(i)(II) visibility sub-element, where a
state's regional haze SIP has been approved as meeting all current
obligations, a state may rely upon those provisions in support of its
demonstration that it satisfies the requirements of CAA section
110(a)(2)(D)(i)(II) as it relates to visibility. Because the Alaska
Regional Haze SIP was found to meet federal requirements, we are
proposing to approve the Alaska SIP as meeting the requirements of CAA
section 110(a)(2)(D)(i)(II) as it applies to visibility for the 2008 Pb
NAAQS (prong 4).
Interstate and International Transport Provisions
CAA section 110(a)(2)(D)(ii) requires SIPs to include provisions
insuring compliance with the applicable requirements of CAA sections
126 and 115 (relating to interstate and international pollution
abatement). Specifically, CAA section 126(a) requires new or modified
major sources to notify neighboring states of potential impacts from
the source.
State submission: The submission references Alaska's federally-
approved PSD program. The submission also references SIP revisions
submitted by ADEC to update the Alaska PSD program.
EPA analysis: Alaska's major NSR permitting rules in 18 AAC Chapter
50, Article 3 for attainment and unclassifiable areas, generally rely
on the federal PSD program regulations at 40 CFR 51.166 and 40 CFR
52.21, which are incorporated by reference into the Alaska SIP, to
implement its SIP-approved PSD permitting program. As noted above, the
EPA most recently approved revisions to Alaska's PSD permitting program
on May 19, 2016 (81 FR 31511). The current Alaska SIP-approved PSD
permitting program incorporates by reference specific regulations at 40
CFR 52.21 and 40 CFR 51.166 as of December 9, 2013. At 18 AAC
50.306(b), Alaska's federally-approved SIP incorporates by reference
the general provisions of 40 CFR 51.166(q)(2) to describe the public
participation procedures for PSD permits, including requiring notice to
states whose lands may be affected by the emissions of sources subject
to PSD. As a result, Alaska's PSD regulations provide for notice
consistent with the requirements of the EPA PSD program. Alaska also
has no pending obligations under section 115 or 126(b) of the CAA.
Therefore, we are proposing to approve the Alaska SIP as meeting the
requirements of CAA section 110(a)(2)(D)(ii) for the 2008 Pb NAAQS.
110(a)(2)(E): Adequate Resources
CAA section 110(a)(2)(E) requires each state to provide (i)
necessary assurances that the state will have adequate personnel,
funding, and authority under state law to carry out the SIP (and is not
prohibited by any provision of federal or state law from carrying out
the SIP or portion thereof), (ii) requirements that the state comply
with the requirements respecting state boards under CAA section 128 and
(iii) necessary assurances that, where the state has relied on a local
or regional government, agency, or instrumentality for the
implementation of any SIP provision, the state has responsibility for
ensuring adequate implementation of such SIP provision.
State submission: The submission states that ADEC maintains
adequate personnel, funding, and authority to implement the SIP. The
submission refers to AS 46.14.030 State Air Quality Control Plan which
provides ADEC statutory authority to act for the state and adopt
regulations necessary to implement the state air plan. The submission
also references 18 AAC 50.030 State Air Quality Control Plan which
provides regulatory authority to implement and enforce the SIP.
With respect to CAA section 110(a)(2)(E)(ii), the submission states
that Alaska's regulations on conflict of interest are found in Title
2--Administration, Chapter 50 Alaska Public Offices Commission:
Conflict of Interest, Campaign Disclosure, Legislative Financial
Disclosure, and Regulations of Lobbying (2 AAC 50.010--2 AAC 50.920).
Regulations concerning financial disclosure are found in Title 2,
Chapter 50, Article 1--Public Official Financial Disclosure. There are
no state air quality boards in Alaska. The ADEC commissioner, however,
as an appointed official and the head of an executive agency, is
required to file a financial disclosure statement annually by March
15th of each year with the Alaska Public Offices Commission (APOC).
These disclosures are publically available through APOC's Anchorage
office. Alaska's Public
[[Page 24920]]
Officials Financial Disclosure Forms and links to Alaska's financial
disclosure regulations can be found at the APOC Web site: http://doa.alaska.gov/apoc/.
With respect to CAA section 110(a)(2)(E)(iii) and assurances that
the state has responsibility for adequate implementation of the plan
where the state has relied on local or regional government agencies,
the submission states that ADEC ensures local programs have adequate
resources and documents this in the appropriate SIP section. Statutory
authority for establishing local air pollution control programs is
found at AS 46.14.400 Local air quality control programs.
The submission also states that ADEC provides technical assistance
and regulatory oversight to the Municipality of Anchorage (MOA),
Fairbanks North Star Borough (FNSB) and other local jurisdictions to
ensure that the State Air Quality Control Plan and SIP objectives are
satisfactorily carried out. ADEC has a Memorandum of Understanding with
the MOA and FNSB that allows them to operate air quality control
programs in their respective jurisdictions. The South Central Clean Air
Authority has been established to aid the MOA and the Matanuska-Susitna
Borough in pursuing joint efforts to control emissions and improve air
quality in the air-shed common to the two jurisdictions. In addition,
ADEC indicates the department works closely with local agencies on
nonattainment plans.
EPA analysis: We are proposing to find that the Alaska SIP meets
the adequate personnel, funding and authority requirements of CAA
section 110(a)(2)(E)(i). Alaska receives sections 103 and 105 grant
funds from the EPA and provides state matching funds necessary to carry
out SIP requirements. For purposes of CAA section 110(a)(2)(E)(ii), we
previously approved Alaska's conflict of interest disclosure and ethics
regulations as meeting the requirements of CAA section 128 on October
22, 2012 (77 FR 64427). Finally, the EPA is proposing to find that
Alaska has provided necessary assurances that, where the state has
relied on a local or regional government, agency, or instrumentality
for the implementation of any SIP provision, the state has
responsibility for ensuring adequate implementation of the SIP with
regards to the 2008 Pb NAAQS as required by CAA section
110(a)(2)(E)(iii). Therefore, we are proposing to approve the Alaska
SIP as meeting the requirements of CAA section 110(a)(2)(E) for the
2008 Pb NAAQS.
110(a)(2)(F): Stationary Source Monitoring System
CAA section 110(a)(2)(F) requires (i) the installation,
maintenance, and replacement of equipment, and the implementation of
other necessary steps, by owners or operators of stationary sources to
monitor emissions from such sources, (ii) periodic reports on the
nature and amounts of emissions and emissions-related data from such
sources, and (iii) correlation of such reports by the state agency with
any emission limitations or standards established pursuant to the CAA,
which reports shall be available at reasonable times for public
inspection.
State submission: The submission states that ADEC has general
statutory authority to regulate stationary sources via an air
permitting program which includes permit reporting requirements,
completeness determinations, administrative actions, and stack source
monitoring requirements. The submission states ADEC has regulatory
authority to determine compliance with these statutes via information
requests and ambient air quality investigations. ADEC has adopted by
reference the federal reference and interpretation methods for Pb into
the Alaska SIP. The submission also references the SIP-approved Alaska
PSD program. Ambient air quality and meteorological data that are
collected for PSD purposes by stationary sources are reported to ADEC
on a quarterly and annual basis.
The submission refers to the following statutory and regulatory
provisions providing authority and requirements for source emissions
monitoring, reporting, and correlation with emission limits or
standards:
AS 46.14.140: Emission control permit program regulations.
AS 46.14.180: Monitoring.
18 AAC 50.035: Documents, Procedures, and Methods Adopted
by Reference.
18 AAC 50.040: Federal Standards Adopted by Reference.
18 AAC 50.200: Information Requests.
18 AAC 50.201: Ambient Air Quality Investigation.
18 AAC 50.220: Enforceable test methods.
18 AAC 50.306: Prevention of Significant Deterioration
Permits.
18 AAC 50.345: Construction and Operating Permits:
Standard Permit Conditions.
EPA analysis: The Alaska SIP establishes compliance requirements
for sources subject to major and minor source permitting to monitor
emissions, keep and report records, and collect ambient air monitoring
data. 18 AAC 50.200 Information Requests provides ADEC authority to
issue an information request to an owner, operator, or permittee for
purposes of ascertaining compliance. 18 AAC 50.201 Ambient Air Quality
Investigations provides authority to require an owner, operator, or
permittee to evaluate the effect emissions from the source have on
ambient air quality. In addition, 18 AAC 50.306 Prevention of
Significant Deterioration Permits and 18 AAC 50.544 Minor Permits:
Content provide for establishing permit conditions to require the
permittee to install, use and maintain monitoring equipment, sample
emissions, provide source test reports, monitoring data, emissions
data, and information from analysis, keep records and make period
reports on process operations and emissions. This information is made
available to the public through public processes outlined in these SIP-
approved rules.
Additionally, states are required to submit emissions data to the
EPA for purposes of the National Emissions Inventory (NEI). The NEI is
the EPA's central repository for air emissions data. The EPA published
the Air Emissions Reporting Rule (AERR) on December 5, 2008, which
modified the requirements for collecting and reporting air emissions
data (73 FR 76539). The AERR shortened the time states had to report
emissions data from 17 to 12 months, giving states one calendar year to
submit emissions data. All states are required to submit a
comprehensive emissions inventory every three years and report
emissions for certain larger sources annually through the EPA's online
Emissions Inventory System. States report emissions data for the six
criteria pollutants and their associated precursors--nitrogen oxides,
sulfur dioxide, ammonia, lead, carbon monoxide, particulate matter, and
volatile organic compounds. Many states also voluntarily report
emissions of hazardous air pollutants. The EPA compiles the emissions
data, supplementing it where necessary, and releases it to the general
public through the Web site https://www.epa.gov/air-emissions-inventories. Based on the above analysis, we are proposing to approve
the Alaska SIP as meeting the requirements of CAA section 110(a)(2)(F)
for the 2008 Pb NAAQS.
110(a)(2)(G): Emergency Episodes
CAA section 110(a)(2)(G) requires states to provide for authority
to address activities causing imminent and substantial endangerment to
public health, including contingency plans to
[[Page 24921]]
implement the emergency episode provisions in their SIPs.
State submission: The submission cites AS 46.03.820 Emergency
powers which provides ADEC with emergency order authority where there
is an imminent or present danger to the health or welfare of the people
of the state or would result in or be likely to result in irreversible
or irreparable damage to the natural resources or environment. The
submission also refers to 18 AAC 50.245 Air Episodes and Advisories
which authorizes ADEC to declare an air alert, air warning, or air
advisory to notify the public and prescribe and publicize curtailment
action.
EPA analysis: Section 303 of the CAA provides authority to the EPA
Administrator to restrain any source from causing or contributing to
emissions which present an ``imminent and substantial endangerment to
public health or welfare, or the environment.'' The EPA finds that AS
46.03.820 Emergency Powers provides emergency order authority
comparable to CAA Section 303.
The EPA's regulations for emergency episodes are in 40 CFR part 51
subpart H. The regulations prescribe the requirements for emergency
episode plans based on classification of regions in a state for a
subset of the criteria pollutants. As indicated in our 2011 Guidance,
we note that 40 CFR part 51 subpart H does not apply to Pb. Based on
the EPA's experience to date with the Pb NAAQS and designating Pb
nonattainment areas, we expect that an emergency episode associated
with Pb emissions would be unlikely and, if it were to occur, would be
the result of a malfunction or other emergency situation at a
relatively large source of Pb. The EPA believes that AS 46.03.820
Emergency Powers provides adequate authority to address an emergency
situation at a large source of Pb. Based on the foregoing, we are
proposing to approve the Alaska SIP as meeting the requirements of CAA
section 110(a)(2)(G) for the 2008 Pb NAAQS.
110(a)(2)(H): Future SIP Revisions
CAA section 110(a)(2)(H) requires that SIPs provide for revision of
such plan (i) from time to time as may be necessary to take account of
revisions of such national primary or secondary ambient air quality
standard or the availability of improved or more expeditious methods of
attaining such standard, and (ii), except as provided in paragraph
110(a)(3)(C), whenever the Administrator finds on the basis of
information available to the Administrator that the SIP is
substantially inadequate to attain the NAAQS which it implements or to
otherwise comply with any additional requirements under the CAA.
State submission: The submission refers to statutory authority to
adopt regulations in order to implement the CAA and the state air
quality control program at AS 46.03.020(10)(A) Powers of the Department
and AS 46.14.010(a) Emission Control Regulations. The submission also
refers to regulatory authority to implement provisions of the CAA at 18
AAC 50.010 Ambient Air Quality Standards. The submission affirms that
ADEC regularly updates the Alaska SIP as new NAAQS are promulgated by
the EPA.
EPA analysis: As cited above, the Alaska SIP provides for
revisions, and in practice, Alaska regularly submits SIP revisions to
the EPA to take into account revisions to the NAAQS and other federal
regulatory changes. We have approved many revisions to the Alaska SIP,
most recently on May 19, 2016 (81 FR 31511), March 18, 2015 (80 FR
14038), September 19, 2014 (79 FR 56268), August 9, 2013 (78 FR 48611),
May 9, 2013 (78 FR 27071) and January 7, 2013 (78 FR 900). Therefore,
we are proposing to approve the Alaska SIP as meeting the requirements
of section 110(a)(2)(H) for the 2008 Pb NAAQS.
110(a)(2)(I): Nonattainment Area Plan Revision Under Part D
EPA analysis: There are two elements identified in CAA section
110(a)(2) not governed by the three-year submission deadline of CAA
section 110(a)(1), because SIPs incorporating necessary local
nonattainment area controls are not due within three years after
promulgation of a new or revised NAAQS, but are rather due at the time
of the nonattainment area plan requirements pursuant to section 172 and
the various pollutant specific subparts 2--5 of part D. These
requirements are: (i) submissions required by CAA section 110(a)(2)(C)
to the extent that subsection refers to a permit program as required in
part D, title I of the CAA, and (ii) submissions required by CAA
section 110(a)(2)(I) which pertain to the nonattainment planning
requirements of part D, title I of the CAA. As a result, this action
does not address infrastructure elements related to CAA section
110(a)(2)(C) with respect to nonattainment NSR or CAA section
110(a)(2)(I).
110(a)(2)(J): Consultation With Government Officials
CAA section 110(a)(2)(J) requires states to provide a process for
consultation with local governments and federal land managers carrying
out NAAQS implementation requirements pursuant to section 121. CAA
section 110(a)(2)(J) further requires states to notify the public if
NAAQS are exceeded in an area and to enhance public awareness of
measures that can be taken to prevent exceedances. Lastly, CAA section
110(a)(2)(J) requires states to meet applicable requirements of part C,
title I of the CAA related to prevention of significant deterioration
and visibility protection.
State submission: The submission refers to statutory authority to
consult and cooperate with officials of local governments, state and
federal agencies, and non-profit groups found at AS 46.030.020 Powers
of the department paragraphs (3) and (8). The submission states that
municipalities and local air quality districts seeking approval for a
local air quality control programs shall enter into a cooperative
agreement with ADEC according to AS 46.14.400 Local air quality control
programs, paragraph (d). ADEC can adopt new CAA regulations only after
a public hearing, per AS 46.14.010 Emission control regulations,
paragraph (a). In addition, the submission states that public notice
and public hearing regulations for SIP submissions and air quality
discharge permits are found at 18 AAC 15.050 and 18 AAC 15.060.
Finally, the submission also references the SIP-approved Alaska PSD
program and Regional Haze SIP.
EPA analysis: The EPA finds that the Alaska SIP, including the
Alaska rules for major source permitting, contains provisions for
consulting with government officials as specified in CAA section 121.
Alaska's PSD program provides opportunity and procedures for public
comment and notice to appropriate federal, state and local agencies. We
most recently approved revisions to the Alaska PSD program on May 19,
2016 (81 FR 31511). In addition, we most recently approved the Alaska
rules that define transportation conformity consultation on September
8, 2015 (80 FR 53735). On February 14, 2013, we approved the Alaska
Regional Haze SIP (78 FR 10546).
ADEC routinely coordinates with local governments, states, federal
land managers and other stakeholders on air quality issues including
transportation conformity and regional haze, and provides notice to
appropriate agencies related to permitting actions. Alaska participates
in regional planning processes including the Western Regional Air
Partnership which is a voluntary partnership of states, tribes, federal
land managers, local air agencies and the EPA formed to evaluate
current and evolving regional air quality issues
[[Page 24922]]
in the West. Therefore, we are proposing to approve the Alaska SIP as
meeting the requirements of CAA section 110(a)(2)(J) for consultation
with government officials for the 2008 Pb NAAQS.
Section 110(a)(2)(J) also requires the public be notified if NAAQS
are exceeded in an area and to enhance public awareness of measures
that can be taken to prevent exceedances. ADEC is a partner in the
EPA's AIRNOW and Enviroflash Air Quality Alert programs, which provide
air quality information to the public for five major air pollutants
regulated by the CAA: ground-level ozone, particulate matter, carbon
monoxide, sulfur dioxide, and nitrogen dioxide. Alaska also provides
real-time air monitoring information to the public on the ADEC air
quality Web site at http://dec.alaska.gov/ in addition to air advisory
information. During the summer months, the Fairbanks North Star Borough
prepares a weekly Air Quality forecast for the Fairbanks area. The
forecast is found at http://co.fairbanks.ak.us/airquality/.
While we note that Pb is not part of the EPA air quality alert
programs, the Alaska SIP provides general authority at 18 AAC 50.245
Air Episodes and Advisories for notifying the public when air quality
is degrading. We are therefore proposing to approve the Alaska SIP as
meeting the requirements of CAA section 110(a)(2)(J) for public
notification for the 2008 Pb NAAQS.
Turning to the requirement in CAA section 110(a)(2)(J) that the SIP
meet the applicable requirements of part C of title I of the CAA, we
have evaluated this requirement in the context of CAA section
110(a)(2)(C) with respect to permitting. The EPA most recently approved
revisions to Alaska's PSD program on May 19, 2016 (81 FR 31511). We are
proposing to approve the Alaska SIP as meeting the requirements of CAA
section 110(a)(2)(J) for PSD for the 2008 Pb NAAQS. We note that our
proposed approval of element 110(a)(2)(J) with respect to PSD is not
affected by recent court vacaturs of the EPA's PSD implementing
regulations. Please see our discussion regarding section 110(a)(2)(C).
With respect to the applicable requirements for visibility
protection, the EPA recognizes that states are subject to visibility
and regional haze program requirements under part C of the CAA. In the
event of the establishment of a new NAAQS, however, the visibility and
regional haze program requirements under part C do not change. Thus we
find that there is no new applicable requirement related to visibility
triggered under CAA section 110(a)(2)(J) when a new NAAQS becomes
effective. Based on the analysis above, we are proposing to approve the
Alaska SIP as meeting the requirements of CAA section 110(a)(2)(J) for
the 2008 Pb NAAQS.
110(a)(2)(K): Air Quality and Modeling/Data
CAA section 110(a)(2)(K) requires that SIPs provide for (i) the
performance of such air quality modeling as the Administrator may
prescribe for the purpose of predicting the effect on ambient air
quality of any emissions of any air pollutant for which the
Administrator has established a national ambient air quality standard,
and (ii) the submission, upon request, of data related to such air
quality modeling to the Administrator.
State submission: The submission states that air quality modeling
is regulated under 18 AAC 50.215(b) Ambient Air Quality Analysis
Methods. Estimates of ambient concentrations and visibility impairment
must be based on applicable air quality models, databases, and other
requirements specified in the EPA's Guideline on Air Quality Models are
adopted by reference in 18 AAC 50.040 Federal Standards Adopted by
Reference. Baseline dates and maximum allowable increases are found in
Table 2 and Table 3, respectively, at 18 AAC 50.020 Baseline Dates and
Maximum Allowable Increases.
EPA analysis: On May 19, 2016, we approved revisions to 18 AAC
50.215 Ambient Air Quality Analysis Methods and 18 AAC 50.040 Federal
Standards Adopted by Reference (81 FR 31511). 18 AAC 50.040, at
paragraph (f), incorporates by reference the EPA regulations at 40 CFR
part 51, Appendix W Guidelines on Air Quality Models revised as of July
1, 2013. In addition, as an example of Alaska's modeling capacity,
Alaska submitted the Fairbanks Carbon Monoxide Maintenance Plan to the
EPA on June 21, 2004, supported by air quality modeling. The
maintenance plan and supporting modeling was approved by the EPA as a
SIP revision on July 27, 2004 (69 FR 44605). Therefore, we are
proposing to approve the Alaska SIP as meeting the requirements of CAA
section 110(a)(2)(K) for the 2008 Pb NAAQS.
110(a)(2)(L): Permitting Fees
CAA section 110(a)(2)(L) requires SIPs to require each major
stationary source to pay permitting fees to cover the cost of
reviewing, approving, implementing and enforcing a permit.
State submission: The submission states that ADEC's statutory
authority to assess and collect permit fees is established in AS
46.14.240 Permit Administration Fees and AS 46.14.250 Emission Fees.
The permit fees for stationary sources are assessed and collected by
the Air Permits Program according to 18 AAC 50, Article 4. ADEC is
required to evaluate emission fee rates at least every four years and
provide a written evaluation of the findings (AS 46.14.250(g); 18 AAC
50.410).
EPA analysis: The EPA fully approved Alaska's title V program on
July 26, 2001 (66 FR 38940) with an effective data of September 24,
2001. While Alaska's operating permit program is not formally approved
into the SIP, it is a legal mechanism the state can use to ensure that
ADEC has sufficient resources to support the air program, consistent
with the requirements of the SIP. Before the EPA can grant full
approval, a state must demonstrate the ability to collect adequate
fees. The Alaska title V program included a demonstration the state
will collect a fee from title V sources above the presumptive minimum
in accordance with 40 CFR 70.9(b)(2)(i).
In addition, Alaska's SIP requires fees for purposes of new source
permitting. See 18 AAC 50.306(d)(2), 18 AAC 50.311(d)(2), 18 AAC
50.544(a)(2), and 18 AAC 50.400. Therefore, we are proposing to
conclude that Alaska has satisfied the requirements of CAA section
110(a)(2)(L) for the 2008 Pb NAAQS.
110(a)(2)(M): Consultation/Participation by Affected Local Entities
CAA section 110(a)(2)(M) requires states to provide for
consultation and participation in SIP development by local political
subdivisions affected by the SIP.
State submission: The submission states ADEC has authority to
consult and cooperate with officials and representatives of any
organization in the state; and persons, organization, and groups,
public and private using, served by, interested in, or concerned with
the environment of the state. The submission refers to AS 46.030.020
Powers of the department, paragraphs (3) and (8), which provide
authority to ADEC to consult and cooperate with affected state and
local entities. In addition, AS 46.14.400 Local air quality control
programs, paragraph (d), provides authority for local air quality
control programs and requires cooperative agreements between ADEC and
local air quality control programs that specify the respective duties,
funding, enforcement responsibilities, and procedures.
[[Page 24923]]
EPA analysis: The EPA finds that the Alaska provisions cited above
provide for local and regional authorities to participate and consult
in the SIP development process. Therefore, we are proposing to approve
the Alaska SIP as meeting the requirements of CAA section 110(a)(2)(M)
for the 2008 Pb NAAQS.
V. Proposed Action
We are proposing to approve the Alaska SIP as meeting the following
CAA section 110(a)(2) infrastructure elements for the 2008 Pb NAAQS:
(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L),
and (M). This action is being taken under section 110 of the CAA.
VI. Statutory and Executive Orders Review
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 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 (Public Law 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: May 10, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2017-10938 Filed 5-30-17; 8:45 am]
BILLING CODE 6560-50-P