Approval and Promulgation of Implementation Plans; Alaska, 25533-25540 [2014-10204]
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25533
Proposed Rules
Federal Register
Vol. 79, No. 86
Monday, May 5, 2014
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[Docket: EPA–R10–OAR–2011–0916; FRL–
9910–43–Region 10]
Approval and Promulgation of
Implementation Plans; Alaska
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The EPA is proposing to
approve revisions to the Alaska State
Implementation Plan (SIP). Alaska
submitted these revisions on February
13, 2008, December 11, 2009, April 14,
2010, November 29, 2010, October 21,
2011, December 10, 2012, and January
28, 2013, to meet Clean Air Act (CAA)
requirements. These revisions update
the Alaska SIP to reflect changes to the
National Ambient Air Quality Standards
(NAAQS), area designations, and
Federal permitting requirements. In
addition, the submitted changes revise
and clarify Alaska permitting rules, and
remove provisions that are duplicated in
other regulations. Although the EPA is
proposing to approve most of the
submitted revisions, the EPA is
proposing to not approve certain
provisions which are inappropriate for
SIP approval. The EPA is also removing
specific provisions from the Alaska SIP
that were previously approved, but that
implement other provisions of the CAA
and that the State has not relied on to
demonstrate attainment or maintenance
of the NAAQS or to meet other specific
requirements of section 110 of the CAA,
and therefore should not be part of the
Federally-approved Alaska SIP. Finally,
the EPA is deferring action on certain
portions of the submissions, including
those that adopt by reference updates to
the Federal nonattainment major new
source review requirements, because
those revisions will be addressed in a
separate action.
DATES: Comments must be received on
or before June 4, 2014.
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SUMMARY:
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Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2011–0916, by any of the
following methods:
A. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
B. Email: R10-Public_Comments@
epa.gov.
C. Mail: Donna Deneen, EPA Region
10, Office of Air, Waste and Toxics
(AWT–107), 1200 Sixth Avenue, Suite
900, Seattle, WA 98101.
D. Hand Delivery: EPA Region 10
Mailroom, 9th Floor, 1200 Sixth
Avenue, Suite 900, Seattle, WA 98101.
Attention: Donna Deneen, Office of Air,
Waste and Toxics, AWT—107. Such
deliveries are only accepted during
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R10–OAR–2011–
0916. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
the disclosure of which is restricted by
statute. Do not submit information that
you consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means the EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send an email
comment directly to the EPA without
going through www.regulations.gov your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, the EPA recommends that
you include your name and other
contact information in the body of your
comment and with any disk or CD–ROM
you submit. If the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the EPA may not be able to consider
your comment. Electronic files should
avoid the use of special characters, any
form of encryption, and be free of any
defects or viruses.
ADDRESSES:
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Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information the disclosure of which is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy during normal business
hours at the Office of Air, Waste and
Toxics, EPA Region 10, 1200 Sixth
Avenue, Seattle, WA 98101.
FOR FURTHER INFORMATION CONTACT:
Donna Deneen at (206) 553–6706,
deneen.donna@epa.gov, or by using the
above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
Table of Contents
I. Background
II. Evaluation of Submittals
A. Ambient Air Quality Standards
B. Air Quality Designations, Classifications
and Control Regions
C. Baseline Dates and Maximum Allowable
Increases
D. State Air Quality Control Plan
E. Documents, Procedures, and Methods
Adopted by Reference
F. Federal Standards Adopted by Reference
G. Industrial Processes and Fuel-Burning
Equipment
H. Ambient Air Quality Analysis Methods
I. Enforceable Test Methods
J. Owner-Requested Limits
K. Construction Permits
L. Prevention of Significant Deterioration
(PSD) Permits
M. Construction, Minor and Operating
Permits: Standard Permit Conditions
N. Construction and Operating Permits:
Other Permit Conditions
O. Permit Administration Fees
P. Minor Permits for Air Quality Protection
Q. Minor Permits Requested by the Owner
or Operator
R. Minor Permit—Title V Permit Interface
S. Minor Permit: Application
T. Minor Permit: Review and Issuance
U. Minor Permits: Content
V. Minor Permits: Revisions
W. Conformity
X. Definitions
Y. Statutes
III. Proposed Action
IV. Statutory and Executive Order Reviews
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I. Background
II. Evaluation of Submittals
The EPA last approved major
revisions to the State of Alaska air
quality regulations at Alaska
Administrative Code Title 18
Environmental Conservation, Chapter
50 Air Quality Control (18 AAC 50) on
August 14, 2007 (72 FR 45378) (‘‘2007
action’’). More recently, the Alaska
Department of Environmental
Conservation (ADEC) submitted rule
revisions to the EPA on February 13,
2008, December 11, 2009, April 14,
2010, November 29, 2010, October 21,
2011, December 10, 2012, and January
28, 2013. These submissions include
revisions to update the Alaska SIP for
changes to the NAAQS, area
designations, and Federal permitting
requirements, in addition to changes
and clarifications to Alaska permitting
rules, and removal of provisions that are
duplicated in other regulations.
In this action, we are proposing to
approve the rule changes submitted by
Alaska, with certain exceptions
described below. We are also removing
specific provisions from the Alaska SIP
that were previously approved by the
EPA, but implement other requirements
of the CAA and that the State has not
relied on to demonstrate attainment or
maintenance of the NAAQS or to meet
other specific requirements of section
110 of the CAA, and therefore should
not be part of the Federally-approved
Alaska SIP. In addition, we are deferring
action on certain portions of the
submissions, including those adopting
by reference updates to the Federal
nonattainment major new source review
(nonattainment NSR) permitting
requirements at 40 CFR 51.165, as
discussed in paragraph F below. We
intend to address them in a separate
action.
Below is a summary of our evaluation
of the submitted revisions to the Alaska
SIP. For a more detailed discussion of
the revisions, our analysis and proposed
action, please see the technical support
document (TSD) in the docket for this
action. Please note that this action does
not address portions of these Alaska
submissions which we previously
approved on February 9, 2011 (76 FR
7116), October 22, 2012 (77 FR 64425),
February 14, 2013 (78 FR 10546), and
May 9, 2013 (78 FR 27071). In addition,
our analysis in this proposed action
discusses only the most recently
submitted amendment to any particular
provision. We describe how the
submitted Alaska rules differ from the
Federally-approved Alaska SIP, and
why the EPA believes the changes are
approvable.
A. Ambient Air Quality Standards
The revisions submitted by Alaska
update the State’s ambient air quality
standards at 18 AAC 50.010 ‘‘Ambient
Air Quality Standards’’ to reflect the
2006 fine particulate matter (PM2.5),
2008 lead (Pb), 2010 sulfur dioxide
(SO2), and 2010 nitrogen dioxide (NO2)
NAAQS.1 Because the submitted
revisions are consistent with the Federal
NAAQS promulgated under the CAA,
we are proposing to approve 18 AAC
50.010 ‘‘Ambient Air Quality
Standards,’’ except paragraphs (7) and
(8), which set State ambient air quality
standards for reduced sulfur compounds
and ammonia respectively. Consistent
with our 2007 action, we are proposing
to not approve paragraphs (7) and (8)
because they establish State ambient air
quality standards for reduced sulfur
compounds and ammonia, and they are
not NAAQS established under section
109 of the CAA (72 FR 45378).
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B. Air Quality Designations,
Classifications and Control Regions
The submitted revisions add
subparagraph (b)(3) to 18 AAC 50.015
‘‘Air Quality Designations,
Classification and Control Regions’’ to
identify the PM2.5 nonattainment area
for the Fairbanks and North Pole urban
area, in addition to an editor’s note to
clarify that nonattainment and
maintenance areas, air quality control
regions, and the Class I area boundaries
can be found in the Alaska Air Quality
Control Plan and 40 CFR Part 81. We are
proposing to approve these revisions,
which update the Alaska SIP to include
the most recently designated
nonattainment area in Alaska.
C. Baseline Dates and Maximum
Allowable Increases
The submissions revise 18 AAC
50.020 ‘‘Baseline Dates and Maximum
Allowable Increases’’ to clarify minor
source baseline dates and maximum
allowable increases, including adding
PM2.5 to the tables in the rule.
Specifically, the revisions clarify that
baseline dates will be determined using
the already-established Federal
definition for minor source baseline
dates, that concentrations above the
ambient air quality standard are
prohibited, and that baseline
concentrations will be determined using
already-established Federal provisions.
The submitted revisions are consistent
with the CAA and implementing
1 We note that on October 22, 2012, we approved
the State’s revision to this rule to align Alaska’s
ozone ambient air quality standard with the 2008
ozone NAAQS (77 FR 64425).
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provisions in 40 CFR part 52 and 81 and
therefore we are proposing to approve
the revisions.
D. State Air Quality Control Plan
As a matter of State law, 18 AAC
50.030 ‘‘State Air Quality Control Plan’’
adopts by reference Volumes II and III
of the State Air Quality Control Plan
and other documents. The submissions
addressed in this action revise the
appendices to the Air Quality Control
Program (Volume III, 18 AAC 50 Air
Quality Control) by amending 18 AAC
50.030. We are proposing to not approve
the submitted revisions to 18 AAC
50.030 because the referenced
documents that form the basis for the
submissions are being individually
approved in this action. We are only
proposing to approve those provisions
specifically identified in the
submissions and addressed in this
action. The EPA takes action directly, as
appropriate, on the specific provisions
in the State Air Quality Control Plan
that have been submitted by Alaska, so
it is unnecessary for the EPA to approve
18 AAC 50.030.
E. Documents, Procedures and Methods
Adopted by Reference
18 AAC 50.035 ‘‘Documents,
Procedures, and Methods Adopted by
Reference’’ adopts by reference the
Alaska in situ burning guidelines,
various Federal monitoring and
modeling requirements and guidance,
State ‘‘Title V Application Forms,’’
Federal reference and interpretation
methods, and standard test methods.
Except for the adoption by reference of
the State ‘‘Title V Standard Application
and Forms,’’ we are proposing to
approve the submitted revisions to this
provision because the changes update
the Alaska SIP for the latest versions of
specific documents, and add several
new Federal reference and
interpretation methods required to
implement revised NAAQS. The State
‘‘Title V Standard Application and
Forms’’ are inappropriate for SIP
approval because they are not a
requirement under section 110 of title I
of the CAA, but rather are a requirement
of title V of the CAA.
We note that, consistent with our
2007 action, we are proposing to not
approve 18 AAC 50.035(b)(4), which
specifies test methods related to 40 CFR
part 63 (72 FR 45378). This provision is
inappropriate for SIP approval because
it relates to requirements that are not in
the SIP and implement other
requirements of the CAA.
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F. Federal Standards Adopted by
Reference
The submissions update the most
recent Federal regulation references in
18 AAC 50.040 ‘‘Federal Standards
Adopted by Reference.’’ In addition, the
submissions add a new paragraph (k) to
18 AAC 50.040 to adopt by reference the
provisions of 40 CFR part 64, to the
extent they apply to title V sources.
Paragraph (k) of 18 AAC 50.050
implements the requirements of 40 CFR
parts 64 and 71, and not the
requirements of section 110 of the CAA.
In the absence of a specific request from
Alaska that this provision be included
in the SIP, we are proposing to not
approve this provision.
Provisions Implementing Other
Requirements of the CAA
The submissions revise paragraphs
(a), (b), (c), (d), (e), (g), and (j) of 18 AAC
50.040 to update the adoption by
reference of emissions standards for 40
CFR parts 60, 61, 62, 63, 70, and 82
sources. In addition, the submissions
add a new paragraph (k) to adopt by
reference the provisions of 40 CFR part
64 to the extent they apply to title V
sources.
These types of provisions are
inappropriate for SIP approval because
they implement other requirements of
the CAA, and the State is not relying on
them to demonstrate attainment or
maintenance of the NAAQS or to meet
other requirements of section 110 of the
CAA. We are proposing to not approve
the addition of subparagraph (j)(9),
relating to 40 CFR part 71 ‘‘Operating
Permits,’’ for the same reason.
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PSD
The submissions revise paragraph (h)
of 18 AAC 50.040 to adopt by reference
specific provisions of the Federal PSD
regulations set forth at 40 CFR 51.166
and 40 CFR 52.21 as of July 1, 2011, to
implement the Alaska PSD permitting
program. However, the submitted
revisions adopting by reference 40 CFR
52.21(i) (relating to the significant
monitoring concentration (SMC)) and 40
CFR 52.21(k) (relating to the significant
impact level (SIL)) have been impacted
by a recent court decision vacating
portions of the 2010 PSD PM2.5
Implementation Rule (October 20, 2010,
75 FR 64864).
On January 22, 2013, the U.S. Court
of Appeals for the District of Columbia,
in Sierra Club v. EPA, 703 F.3d 458
(D.C. Cir. 2013), issued, with respect to
the SMC, a judgment that, inter alia,
vacated the provisions of the 2010 PSD
PM2.5 Implementation Rule adding the
PM2.5 SMC to the Federal regulations at
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51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c). In
its decision, the Court held that the EPA
did not have authority to use SMCs to
exempt permit applicants from the
statutory requirement in section
165(e)(2) of the CAA that ambient
monitoring data for PM2.5 be included in
all PSD permit applications. Thus,
although the PM2.5 SMC was not a
required element of a state’s PSD
program, where a state PSD program
contains such a provision and allows
issuance of new permits without
requiring ambient PM2.5 monitoring
data, such application of the vacated
SMC would be inconsistent with the
Court’s opinion and the requirements of
section 165(e)(2) of the CAA.
At the EPA’s request, the decision
also vacated and remanded to the EPA
for further consideration the portions of
the 2010 PSD PM2.5 Implementation
Rule that revised 40 CFR 51.166 and 40
CFR 52.21 related to SILs for PM2.5. The
EPA requested this vacatur and remand
of two of the three provisions in the
EPA regulations that contain SILs for
PM2.5, because the wording of these two
SIL provisions (40 CFR 51.166(k)(2) and
40 CFR 52.21(k)(2)) is inconsistent with
the explanation of when and how SILs
should be used by permitting authorities
that we provided in the preamble to the
Federal Register publication when we
promulgated these provisions. The third
SIL provision (40 CFR 51.165(b)(2)) was
not vacated and remains in effect. In
addition, the Court decision does not
affect the PSD increments for PM2.5
promulgated as part of the 2010 PSD
PM2.5 Implementation Rule.
We note that the EPA recently
amended its regulations to remove the
vacated PM2.5 SILs and SMC provisions
from PSD regulations on December 9,
2013 (78 FR 73698). In addition, the
EPA will initiate a separate rulemaking
in the future regarding the PM2.5 SILs
that will address the Court’s remand. In
the meantime, we are advising states to
begin preparations to remove the
vacated provisions from state PSD
regulations.
Consistent with the vacatur of the
EPA regulations as they relate to the
PM2.5 SMC and the PM2.5 SIL, and the
EPA’s December 9, 2013, rulemaking,
Alaska has submitted a letter dated
February 12, 2014, withdrawing the
adoption by reference of 40 CFR 52.21
as it relates to the vacated PM2.5 SMC
and SIL at subparagraphs 18 AAC
50.040(h)(7) and (9). A copy of Alaska’s
letter is in the docket for this action.
Although these provisions remain in
effect as a matter of State law, Alaska
has confirmed that it will not apply
either the PM2.5 SMC provisions at 40
CFR 51.166(i)(5)(i)(c) and 52.21
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25535
(i)(5)(i)(c), or the PM2.5 SIL provisions at
40 CFR 51.166(k)(2) and 52.21(k)(2) in
implementing the State PSD program. In
addition, the letter states that Alaska
intends to remove the vacated
provisions to ensure consistency with
Federal law.
The submissions also add
subparagraph (21) to 18 AAC 50.040(h)
to adopt by reference 40 CFR 52.22
‘‘Enforceable Commitments for Further
Actions Addressing the Pollutant
Greenhouse Gases (GHGs).’’ This
provision is inappropriate for SIP
approval because it is related to a
Federal commitment that is not
applicable to the State. Therefore, we
are proposing to not approve the
addition of subparagraph (21).
In summary, we are proposing to
approve the revisions to 18 AAC
50.040(h) except for subparagraph (21).
We are taking no action on
subparagraphs (7) and (9) because these
provisions were withdrawn.
Nonattainment NSR
The submitted revisions to paragraph
(i) of 18 AAC 50.040 update the
adoption by reference of Federal
provisions at 40 CFR 51.165 ‘‘Permit
Requirements.’’ These provisions govern
the permitting of new major sources and
major modifications in nonattainment
areas. On February 12, 2014, Alaska
submitted a letter to the EPA explaining
that the Alaska regulations submitted
for approval adopt by reference the
‘‘regulated NSR pollutant’’ definition
found in the Federal PSD permitting
regulations at 40 CFR 52.21(b)(50),
rather than the definition in the Federal
nonattainment NSR regulations 40 CFR
51.165(a)(1)(xxxvii). In the letter, Alaska
stated that it intends to propose
revisions to the appropriate sections of
18 AAC 50 to adopt by reference the
‘‘regulated NSR pollutant’’ definition at
40 CFR 51.165(a)(1)(xxxvii) for purposes
of nonattainment NSR permitting, and
to begin the public notice and comment
process at the first opportunity. The
EPA understands the State has already
commenced a rulemaking to revise the
definition of regulated NSR pollutant. In
light of the commencement of that
rulemaking, we are taking no action on
Alaska’s revisions to 18 AAC 50.040(i)
at this time, but will address the
revisions at a later date. We are
deferring action on the revisions to 18
AAC 50.040(i) to give Alaska the
opportunity to revise its definition of
‘‘regulated NSR pollutant’’ for
nonattainment areas in 18 AAC
50.040(i)(1)(B)(i).
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G. Industrial Processes and FuelBurning Equipment
In subparagraph (a)(9)(D) of 18 AAC
50.055 ‘‘Industrial Processes and FuelBurning Equipment, ’’ the term
‘‘facility’’ was replaced by the more
specific term ‘‘stationary source.’’ We
are proposing to approve this revision
because it clarifies that a Federallyapproved source-specific SIP revision is
necessary to change the applicable
opacity limit at a stationary source
located at a facility. In addition,
consistent with our 2007 action, we are
proposing to not approve subparagraph
(d)(2)(B), which contains emissions
standards for hydrogen sulfide (72 FR
45378). This provision is inappropriate
for SIP approval because it is not related
to attainment or maintenance of the
NAAQS or other specific requirements
of section 110 of the CAA.
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H. Ambient Air Quality Analysis
Methods
The submitted revisions to 18 AAC
50.215 ‘‘Ambient Air Quality Analysis
Methods’’ include revisions to update
the methods for PM2.5 and ozone, and
minor clarifications and edits. The EPA
proposes to approve the submitted
changes, with the exceptions described
below.
The submissions add subparagraph
(a)(3) to 18 AAC 50.215 to reference the
EPA’s ‘‘Meteorological Monitoring
Guidance for Regulatory Modeling
Applications,’’ adopted by reference in
18 AAC 50.035(a). Alaska renumbered
what was previously subparagraph (a)(3)
to (a)(4). What is now subparagraph
(a)(4) was added in earlier revisions to
allow ADEC to approve alternative
reference test methods for collecting
ambient monitoring data. In our 2007
action, we did not approve this
provision because it provides for
unbounded director’s discretion (72 FR
45378). Consistent with our 2007 action,
we are proposing to not approve
subparagraph (a)(4), which authorizes
ADEC to approve any alternative
method that ADEC determines is
‘‘representative, accurate, verifiable,
capable of replication.’’ In essence, this
subparagraph allows ADEC to modify
requirements relied on to attain and
maintain the NAAQS without a SIP
revision. For additional discussion, see
the TSD for our 2007 action, which can
be found in the docket for this action.
See also 78 FR 12460, 12485–86
(February 22, 2013).
As explained above in the discussion
of 18 AAC 50.040(h), because 40 CFR
51.166(k)(2) and 40 CFR 52.21(k)(2)
relating to SILs were vacated by the U.S.
Court of Appeals for the District of
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Columbia, and subsequently repealed by
the EPA, Alaska withdrew the revisions
to paragraph (d) which update the SILs
table and associated SIL-related
requirements.2
I. Enforceable Test Methods
We are proposing to approve the
submitted changes to 18 AAC 50.220
‘‘Enforceable Test Methods’’ except for
subparagraphs (A), (B), and (C) of (c)(1),
and all of subparagraph (c)(2), as
described below.
Subparagraph (c)(2) of 18 AAC 50.220
authorizes ADEC to approve the use of
an alternative method using the
procedure specified in 40 CFR part 63,
Appendix A, Method 301. In essence,
subparagraph (c)(2) authorizes ADEC to
issue variances from regulatory
requirements, including SIP, New
Source Performance Standards (NSPS),
and National Emission Standards for
Hazardous Air Pollutants (NESHAP)
requirements. Consistent with our 2007
action, we are proposing to not approve
subparagraph (c)(2), which in essence
allows ADEC to modify requirements
relied on to attain and maintain the
NAAQS without a SIP revision (72 FR
45378). See also 78 FR 12460, 12485–86
(Feb. 22, 2013).
In addition, under the authority of
CAA section 110(k)(6), we are removing
from the SIP subparagraphs (A), (B), and
(C) of 18 AAC 50.220(c)(1) because they
relate to test methods for CAA
requirements that are not part of the SIP
and implement other provisions of the
CAA.
J. Owner-Requested Limits
We are proposing to approve the
revisions to 18 AAC 50.225 ‘‘OwnerRequested Limits’’ paragraph (a) and
subparagraph (b)(7) because the
revisions clarify what can be requested
and what needs to be submitted for
purposes of this provision. The
clarifications do not change the existing
requirements for establishing sourcespecific limitations under 18 AAC
50.225. We are also proposing to
approve the addition of paragraph (i) to
this provision because it provides for
the submission of certain information
and clarifies Alaska’s process and
effective date, but does not change the
existing requirements for establishing
source-specific limitations under this
rule.
2 Letter from Alaska Department of
Environmental Conservation regarding PM2.5
Significant Impact Levels and Significant
Monitoring Concentrations, dated February 12,
2014.
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K. Construction Permits
The submitted revisions add
paragraph (c) to 18 AAC 50.302
‘‘Construction Permits’’ to clarify that a
subsequent revision to a title V permit
term or condition that is solely
necessary to meet a title V requirement,
but was associated with an integrated
review conducted under 18 AAC
50.306(c)(3), may be processed through
the title V operating permit amendment
or modification provisions of 18 AAC
50.326. We are proposing to approve
this new provision because it is
appropriate and consistent with the
CAA for revisions made solely for title
V purposes to be revised using the title
V amendment or modification
provisions.
In addition, under the authority of
CAA section 110(k)(6), we are removing
from the SIP subparagraph (a)(3) of this
provision, because it relates to major
sources of hazardous air pollutants. This
provision implements other
requirements of the CAA and the State
has not relied on this requirement to
demonstrate attainment or maintenance
of the NAAQS or to meet other specific
requirements of section 110 of the CAA.
L. Prevention of Significant
Deterioration (PSD) Permits
Alaska’s PSD program was originally
approved into the SIP by the EPA on
July 5, 1983, and has been revised
several times since the original
approval. The most recent major
revision to Alaska’s PSD program was
approved by the EPA in our 2007 action
(72 FR 45378). In general, Alaska
chooses to adopt by reference the
Federal PSD rules in 40 CFR 52.21
rather than the comparable provisions
in 40 CFR 51.166, which set forth what
is required in a State’s plan, because 40
CFR 52.21 is written to directly state the
requirements of an owner or operator. In
some cases, Alaska adopted provisions
of 40 CFR 51.166 rather than the
comparable provisions of 40 CFR 52.21
because 40 CFR 51.166 was a better fit
for a SIP-approved PSD program.
Key submitted changes to 18 AAC
50.306 ‘‘Prevention of Significant
Deterioration (PSD) Permits’’ include
the definition of ‘‘national ambient air
quality standard,’’ which is revised to
mean ‘‘an ambient air quality standard
set out in 18 AAC 50.010 for this state’’
and ‘‘ambient air increment’’ or
‘‘maximum allowable increase,’’ which
is revised to mean a maximum
allowable increase calculated as
described in 18 AAC 50.020 ‘‘Baseline
Dates and Maximum Allowable
Increases.’’ We are proposing to approve
the definition of ‘‘national ambient air
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quality standard’’ because the referredto State ambient air quality standards in
18 AAC 50.010 include the Federal 2006
PM2.5 NAAQS, 2008 ozone NAAQS,
2008 Pb NAAQS, 2010 SO2 NAAQS,
and 2010 NO2 NAAQS in 40 CFR part
50. The EPA’s understanding is that the
previous reference to ‘‘national ambient
air quality standard’’ in this provision
referred to the NAAQS as last adopted
by reference by ADEC, so that the
change in reference from ‘‘national
ambient air quality standard’’ to
‘‘ambient air quality standards in 18
AAC 50.010’’ is not a substantive
change. It will remain important for
ADEC to revise 18 AAC 50.010
promptly after Federal revisions to the
NAAQS so that its PSD program
continues to meet Federal requirements.
In addition, we are proposing to
approve in subparagraph (b)(1)(C) the
definition of ‘‘ambient air increment’’ or
‘‘maximum allowable increase’’ because
it appropriately refers to the established
maximum allowance increases that
Alaska has set out in Table 3 of 18 AAC
50.020(b). We are proposing to approve
the other submitted clarifications to this
rule because they meet the requirements
of the CAA.
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M. Construction, Minor and Operating
Permits: Standard Permit Conditions
We are proposing to approve the
submitted revisions to 18 AAC 50.345
‘‘Construction, Minor and Operating
Permits: Standard Permit Conditions’’
because they meet the requirements of
the CAA, with the exception of
paragraph (l). Paragraph (l) gives ADEC
unbounded discretion to change the
source testing requirements of a
Federally-enforceable permit without
revising the permit. Consistent with our
2007 action, we are proposing to not
approve paragraph (l) (72 FR 45378).
See also 78 FR 12460, 12485–86 (Feb.
22, 2013)
N. Construction and Operating Permits:
Other Permit Conditions
Alaska submitted revisions to
paragraphs (a), (b) and (c) of 18 AAC
50.346 ‘‘Construction and Operating
Permits: Other Permit Conditions.’’
Consistent with our 2007 action, we are
proposing to not approve 18 AAC
50.346(a) because this provision only
requires corrective action after the
permittee or ADEC, determines a
violation has occurred and thus cannot
be construed as monitoring to assure
compliance (72 FR 45378). In addition,
we are proposing to not approve
paragraphs (b) and (c) because the
provisions implement requirements of
title V of the CAA, and not requirements
of section 110 of title I of the CAA.
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O. Permit Administration Fees
Alaska submitted revisions to
paragraphs (a), (e), (g), (h), (i), and (m),
and subparagraphs (j)(19) and (20) of 18
AAC 50.400 ‘‘Permit Administration
Fees.’’ We are proposing to approve the
fee provisions in 18 AAC 50.400(e), (g),
(h), (i), (j)(19) and (j)(20) because these
provisions implement SIP requirements.
We are proposing to not approve
paragraph (a) of this provision because
it implements requirements of title V of
the CAA and not requirements of
section 110 of title I of the CAA. In
addition, it is not necessary to act on
paragraph (m), which was repealed,
because that provision is not currently
in the Federally-approved Alaska SIP.
P. Minor Permits for Air Quality
Protection
The Alaska submissions revise
subparagraphs (c)(1), (2), and (3) of 18
AAC 50.502 ‘‘Minor Permits for Air
Quality Protection’’ to appropriately
refer to ‘‘beginning actual construction,’’
‘‘beginning relocation,’’ and ‘‘beginning
a physical change to or a change in
operation.’’ The previous version of
these provisions required an owner or
operator to obtain a minor permit before
commencing construction, relocation, or
a physical change, which corresponded
generally to a date that occurs before
actual construction begins. The CAA,
however, does not require a state to tie
the obligation to obtain a minor permit
to the commence construction date, or
to a date that occurs before actual
construction begins. Alaska has,
accordingly, changed the requirements
to obligate a source to obtain a minor
permit before ‘‘beginning actual
construction,’’ ‘‘beginning relocation,’’
or ‘‘beginning a physical change,’’
consistent with CAA requirements. We
are proposing to approve these
revisions.
The submissions also add
subparagraphs (c)(1)(F), (c)(3)(A)(v) and
(c)(3)(B)(v) to 18 AAC 50.502 to
establish PM2.5 thresholds for
determining whether the owner or
operator of a stationary source must
obtain a minor permit for PM2.5. These
new subparagraphs strengthen the SIP
by requiring stationary sources of PM2.5
above the specified thresholds to obtain
a minor permit. These provisions are
consistent with Federal requirements in
40 CFR 51.160 through 164, and are
approvable. Finally, we are proposing to
approve 18 AAC 50.502(e), (g), and (i)
because they are consistent with CAA
requirements and are clarifications to
existing Federally-approved rules.
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25537
Q. Minor Permits Requested by the
Owner or Operator
The submissions revise 18 AAC
50.508 ‘‘Minor Permits Requested by the
Owner or Operator’’ by clarifying terms
and cross-references, and repealing
provisions that have been repealed at
the Federal level. We are proposing to
approve these revisions because they are
consistent with the CAA.
R. Minor Permit—Title V Permit
Interface
The submissions add a new provision,
18 AAC 50.510 ‘‘Minor Permit—Title V
Permit Interface,’’ which provides that
certain terms or conditions established
in a minor permit at 18 AAC 50.542
solely for title V purposes can be revised
through the applicable title V revision
process. We are proposing to approve
this provision because it makes permit
terms established in a minor permit,
solely under the authority of title V,
subject to the title V permit revision
provisions.
S. Minor Permit: Application
We are proposing to approve the
submitted revisions to 18 AAC 50.540
‘‘Minor Permit: Application.’’
Specifically, we are proposing to
approve the revision to subparagraph
(c)(2) to clarify the air quality analysis
methods for demonstrating attainment
or maintenance of the ambient air
quality standards. We also are proposing
to approve the NO2 exception in
50.540(l) because it only pertains to the
content of the application, and does not
change the requirements for air quality
analysis during the permit review
process that continue to apply under 18
AAC 50.542(f). Finally, we are
proposing to approve the revisions to 18
AAC 50.540(d), (j), and (k) because they
either clarify existing rule language or
add requirements that will assist in the
implementation of these provisions.
T. Minor Permit: Review and Issuance
The submissions revise 18 AAC
50.542 ‘‘Minor Permit: Review and
Issuance’’ in several places. We are
proposing to approve the revision to
paragraph (a), excluding sources in the
additional areas of the Municipality of
Anchorage, the City of Fairbanks, Fort
Wainwright, and Eielson Air Force Base
from fast track procedures. In these
areas, ADEC will provide a 30-day
public comment period for sources
regardless of whether a public comment
period was requested. We also are
proposing to approve, in subparagraph
(c)(2)(A), the addition of a PM2.5
screening level because it is reasonable
and appropriate to offer the fast-track
procedure to sources that can show
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compliance with the NAAQS using a
conservative approach. The screening
level of 50 percent of the PM2.5 standard
is set well below the ambient air quality
standard for PM2.5 and appropriately
conservative for showing compliance.
In addition, we are proposing to
approve, in subparagraph (c)(2)(D), an
alternative way to determine if the fasttrack procedure in subparagraph (c)(2) is
available for a modification. This
provision is approvable because it is an
appropriately conservative approach
that relies on the highest predicted
concentrations for use in comparing to
the ambient air quality standard and is
appropriately conservative for showing
compliance.
Consistent with our 2007 action (72
FR 45378), we are proposing to approve
the remaining portion of 18 AAC
50.542, except subparagraph (b)(2).
Subparagraph (b)(2) allows ADEC to
require the owner/operator to submit a
permit application online. Alaska did
not submit the appropriate
documentation to allow the EPA to
evaluate the approvability of Alaska’s
Online System with respect to the EPA’s
Cross-Media Electronic Reporting Rule
(CROMERR). See 70 FR 59848 (October
13, 2005). Therefore, we are proposing
to not approve subparagraph (b)(2).
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U. Minor Permits: Content
The submissions revise 18 AAC
50.544 ‘‘Minor Permits: Content,’’ a
provision that sets forth what a minor
permit must contain. We are proposing
to approve the submitted revisions to
subparagraphs (a)(5) and (6) because
they correspond to the clarification in
18 AAC 50.345 that requires the
standard permit conditions of 18 AAC
50.345 to apply to minor permits. We
are also proposing to approve
subparagraph (a)(7) because this
provision establishes the process for
accommodating an owner or operator
request to add the conditions of a minor
permit to a title V permit, and because
this provision is not contrary to any
CAA requirement. Finally, we are
proposing to approve subparagraph
(c)(3) and paragraph (h) as clarifications
of the terms and conditions that are
required to be included in a permit.
V. Minor Permits: Revisions
We are proposing to approve 18 AAC
50.546 ‘‘Minor Permits: Revisions,’’
except paragraph (b), which authorizes
ADEC to revise ‘‘non-substantive
elements of a minor permit without
further administrative procedures.’’ As
discussed in our 2007 action, we did not
approve paragraph (b) because it does
not adequately define the class of
revisions that can be made without
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public review (72 FR 45378). For the
same reason, we are proposing to not
approve paragraph (b) in this action.
W. Conformity
Revisions to the regulations in Article
7 ‘‘Conformity’’ of 18 AAC 50 were
submitted in Alaska’s October 21, 2011,
submission. We are not addressing these
revisions in this action. We intend to
address these revisions in a separate
action.
X. Definitions
18 AAC 50.990 ‘‘Definitions,’’ defines
terms and also adopts by reference
applicable definitions set forth in
Federal rules. We are proposing to
approve the submitted revisions to this
provision because they meet the
requirements of the CAA. Specifically,
we are proposing to approve the repeal
of the definitions of ‘‘clean unit,’’
‘‘expected arithmetic mean,’’ ‘‘expected
number’’ and ‘‘pollution control
project’’ because the EPA has previously
revoked or repealed the related Federal
provision requiring the definition. In
addition, we are proposing to approve
the updated definition of ‘‘good
engineering practice stack height’’ to
reference the requirements of 40 CFR
51.100(ii) as revised as of July 1, 2007,
and as currently in effect.
We are also proposing to approve the
revisions to the definitions of
‘‘impairment of visibility,’’
‘‘modification’’ or ‘‘modify,’’ ‘‘nonroad
engine,’’ ‘‘reconstruct’’ and
‘‘reconstruction,’’ ‘‘regulated air
pollutant,’’ ‘‘regulated NSR pollutant’’
(except that we are deferring action on
this definition as it relates to 18 AAC
50.040(i) (nonattainment NSR)),
‘‘volatile organic compound,’’ ‘‘PAL,’’
‘‘regional administrator,’’ ‘‘PM–2.5,’’
‘‘transportation improvement plan,’’
‘‘CO2 equivalent emissions,’’ and
‘‘greenhouse gases’’ because they reflect
the already-established Federal
definitions for these terms.
Y. Statutes
In addition to our review of regulatory
changes to 18 AAC 50, we reviewed
Alaska statutory provisions submitted as
part of the January 28, 2013,
submission. Specifically, the
submission included portions of Alaska
Statutes Chapters 44.46 ‘‘Department of
Environmental Conservation;’’ 46.03
‘‘Declaration of Policy;’’ and 46.14 ‘‘Air
Quality Control.’’ Based on our review,
these submitted statutes continue to
provide Alaska with adequate legal
authority to carry out the requirements
of the Alaska SIP as set forth in sections
110 and 114 of the CAA and its
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Fmt 4702
Sfmt 4702
implementing regulations, in particular
40 CFR 51.230.
Certain aspects and provisions,
however, merit further discussion. First,
the EPA’s authority to approve SIPs
extends to provisions related to
attainment and maintenance of the
NAAQS, and carrying out other specific
requirements of section 110 of the CAA.
Therefore, our review of the submitted
statutory provisions is limited in that
respect.
Second, AS 46.14.540 ‘‘Authority of
Department in Cases of Emergency’’
states that, under certain circumstances,
the commissioner may waive procedural
requirements of AS Chapter 46.14 and
issue an order to authorize emergency
use of the emissions unit. This statutory
provision authorizes ADEC to issue a
variance to State regulations approved
into the SIP without meeting state
regulatory requirements for revising a
regulation or permit and without a SIP
revision. Section 110(i) of the CAA,
however, specifically precludes states
from changing the requirements of the
SIP, except through SIP revisions
approved by the EPA as provided in
section 110 of the CAA and the
implementing regulations at 40 CFR
51.100 to 51.105. See 78 FR 12460,
12485–86 (Feb. 22, 2013). For these
reasons, we are proposing to not
approve AS 46.14.540 ‘‘Authority of
Department in Cases of Emergency’’ into
the SIP.
Third, AS 46.14.560 ‘‘Unavoidable
Malfunctions and Emergencies’’
provides an affirmative defense to an
action for noncompliance with a
technology-based emission standard for
excess emissions ‘‘caused by an
unavoidable emergency, a malfunction,
or nonroutine repairs of an emissions
unit’’ when asserted under regulations
adopted by ADEC under AS 46.14.140.
This statutory provision is the basis for
18 AAC 50.240 ‘‘Excess Emissions.’’
Both AS 46.14.560 and 18 AAC 50.240
were previously approved into the
Alaska SIP. The current SIP submission
includes a resubmission of AS
46.14.560, with two minor changes, but
does not include a resubmission of 18
AAC 50.240.
On February 22, 2013, the EPA
proposed a SIP call in which the EPA
identified deficiencies in the startup,
shutdown, and malfunction provisions
of numerous states, including Alaska’s
regulation 18 AAC 50.240 (78 FR 12460)
(proposed SSM SIP call). In light of the
proposed SSM SIP call, we are taking no
action on Alaska’s submission of AS
46.14.560 at this time, but rather will
take action on the submission at a later
date.
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Fourth, AS 46.14.510(b) relates to
maintenance of motor vehicle air
pollution control equipment. We
incorporated by reference AS
46.14.510(b) on November 18, 1998 (63
FR 63983). In this action, we are
removing the incorporation by reference
of AS 46.14.510(b) because the
provision is addressed by incorporation
by reference elsewhere in the Federallyapproved SIP (at 18 AAC 52.015(a), (b),
52.990(66)(B) and 52.100(d)(3)).
In general, we are not proposing to
incorporate by reference the statutory
provisions submitted by Alaska to avoid
potential conflict with the EPA’s
independent authorities. However, we
are proposing to continue to incorporate
by reference updated AS 46.14.550 and
the definitions in updated AS 46.14.990,
where a definition in 18 AAC 50.990
states that it has the meaning given in
AS 46.14.990, and where it relates to
attainment or maintenance of the
NAAQS or other specific requirements
of section 110 of the CAA. These
incorporated by reference definitions
are AS 46.14.990 (4) ‘‘building,
structure, facility, or installation,’’ (5)
‘‘commissioner,’’ (8) ‘‘department,’’ (15)
‘‘local air quality control program,’’ (16)
‘‘major modification,’’ (17) ‘‘major
stationary source,’’ (18) ‘‘operating
permit,’’ and (27) ‘‘tank vessel.’’
25539
III. Proposed Action
Provisions the EPA Is Proposing To
Approve and Incorporation by
Reference
Consistent with the discussion and
analysis above, the EPA is proposing to
approve into the SIP at 40 CFR part 52,
subpart C, the Alaska laws and
regulations listed in the table below.
Note that in those instances where
ADEC submitted multiple revisions to a
single section of 18 AAC 50, the most
recent version of that section (based on
state effective date) is proposed to be
incorporated into the SIP as it
supersedes all previous revisions.
ALASKA PROVISIONS FOR PROPOSED APPROVAL AND INCORPORATION BY REFERENCE
State
effective date
State citation
Title/subject
18 AAC 50.010 ..........
18 AAC 50.015 ..........
Ambient Air Quality Standards ...............................
Air Quality Designations, Classifications, and Control Regions.
Baseline Dates and Maximum Allowable Increases.
Documents, Procedures, and Methods Adopted
by Reference.
Federal Standards Adopted by Reference ............
1/4/2013
12/9/2010
Incinerator Emission Standards .............................
Industrial Processes and Fuel-Burning Equipment
Ambient Air Quality Analysis Methods ...................
Enforceable Test Methods .....................................
Owner-Requested Limits ........................................
Construction Permits ..............................................
Prevention of Significant Deterioration (PSD) Permits.
Construction, Minor and Operating Permits:
Standard Permit Conditions.
Permit Administration Fees ....................................
7/25/2008
12/9/2010
1/4/2013
9/14/2012
9/14/2012
9/14/2012
1/4/2013
Minor Permits for Air Quality Protection ................
Minor Permits Requested by the Owner or Operator.
Minor Permit: 18 AAC 50.510 Minor Permit—Title
V Permit Interface.
Minor Permit: Application .......................................
Minor Permit: Review and Issuance ......................
Minor Permits: Content ..........................................
Minor Permits: Revisions .......................................
Definitions ...............................................................
Responsibilities of Owner and Operator; Agent for
Service.
Definitions ...............................................................
1/4/2013
12/9/2010
18 AAC 50.020 ..........
18 AAC 50.035 ..........
18 AAC 50.040 ..........
18
18
18
18
18
18
18
AAC
AAC
AAC
AAC
AAC
AAC
AAC
50.050
50.055
50.215
50.220
50.225
50.302
50.306
..........
..........
..........
..........
..........
..........
..........
18 AAC 50.345 ..........
18 AAC 50.400 ..........
18 AAC 50.502 ..........
18 AAC 50.508 ..........
18 AAC 50.510 ..........
18 AAC 50.540 ..........
18 AAC 50.542 ..........
18 AAC 50.544 ..........
18 AAC 50.546 ..........
18 AAC 50.990 ..........
AS 46.14.550 .............
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AS 46.14.990 .............
As discussed above, EPA proposes to
find that the statutes submitted by
ADEC in its SIP revisions, with the
exceptions discussed above, continue to
provide Alaska with adequate legal
authority to carry out the requirements
of the Alaska SIP. In general, the EPA
is not proposing to incorporate by
reference the statutory provisions
submitted by Alaska to avoid potential
conflict with the EPA’s independent
authorities.
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Except (7) and (8).
1/4/2013
1/4/2013
Except (a)(6) and (b)(4).
1/4/2013
Except (a), (b), (c), (d), (e), (g), (h)(7), (h)(9),
(h)(17), (h)(18), (h)(19), (h)(21), (i), (j), and (k).
Except (d)(2)(B).
Except (a)(4) and (d).
Except (c)(1)(A), (B) (C), and (c)(2).
Except (a)(3).
9/14/2012
Except (b), (c)(3), and (l).
9/14/2012
Except (a), (b), (c), (d), (f), (j)(1) through (j)(18),
(j)(21) through (j)(23), and (k).
12/9/2010
1/4/2013
1/4/2013
12/9/2010
7/15/2008
9/14/2012
1/4/2013
1/4/2013
Provisions the EPA Is Proposing To Not
Approve
We are proposing to not approve the
following provisions for the reasons
explained above and in the TSD:
• 18 AAC 50.010 ‘‘Ambient Air
Quality Standards,’’ paragraphs (7) and
(8).
• 18 AAC 50.030 ‘‘State Air Quality
Control Plan.’’
• 18 AAC 50.035 ‘‘Documents,
Procedures, and Methods Adopted by
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Explanation
Except (b)(2).
Except (b).
Except (92) as it relates to 18 AAC 50.040(i).
Except (1)–(3), (6), (7), (9)–(14), (19)–(26), and
(28).
Reference,’’ subparagraphs (a)(6) and
(b)(4).
• 18 AAC 50.040 ‘‘Federal Standards
Adopted by Reference,’’ paragraphs (a),
(b), (c), (d), (e), (g), (j) and (k), and
subparagraph (h)(21).
• 18 AAC 50.055 ‘‘Industrial
Processes and Fuel-Burning
Equipment,’’ subparagraph (d)(2)(B).
• 18 AAC 50.215 ‘‘Ambient Air
Quality Analysis Methods,’’
subparagraph (a)(4).
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• 18 AAC 50.220 ‘‘Enforceable Test
Methods,’’ subparagraph (c)(2).
• 18 AAC 50.326 ‘‘Title V Operating
Permits, paragraph (e).
• 18 AAC 50.345 ‘‘Construction and
Operating Permits: Standard Permit
Conditions,’’ paragraph (l).
• 18 AAC 50.346 ‘‘Construction and
operating permits: Other permit
conditions,’’ paragraphs (a), (b) and (c).
• 18 AAC 50.400 ‘‘Permit
Administration Fees,’’ paragraph (a).
• 18 AAC 50.542 ‘‘Minor Permit:
Review and Issuance,’’ subparagraph
(b)(2).
• 18 AAC 50.546 ‘‘Minor Permits:
Revisions,’’ paragraph (b).
• AS 46.14.540 ‘‘Authority of
Department in Cases of Emergency.’’
Provisions the EPA Is Removing From
the SIP or From Incorporation by
Reference
Under the authority of CAA section
110(k)(6), we are removing the following
provisions from the SIP because they
implement other requirements of the
CAA and the State has not relied on
these provisions to demonstrate
attainment or maintenance of the
NAAQS or to meet other specific
requirements of section 110 of the CAA:
18 AAC 50.220(c)(1)(A), (B), (C) and 18
AAC 50.302(a)(3). We are also removing
AS 46.14.510(b), which was
incorporated by reference on November
18, 1998 (63 FR 63983). However, we
have determined that the provision is
addressed by incorporation by reference
elsewhere in the Federally-approved
SIP.
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Provisions the EPA Is Taking No Action
On
Finally, as detailed above and in the
TSD, we are taking no action on the
following Alaska provisions: 18 AAC
50.040 ‘‘Federal Standards Adopted by
Reference’’ paragraph (i) (adoption by
reference of Federal nonattainment NSR
regulations at 40 CFR 51.165); 18 AAC
50 Article 7 ‘‘Conformity;’’ and AS
46.14.560 ‘‘Unavoidable Malfunctions
and Emergencies.’’ We intend to address
these changes in a separate action.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
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impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
this action does not involve technical
standards; and
• does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and the EPA notes
that it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, and
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
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Dated: April 23, 2014.
Dennis J. McLerran,
Regional Administrator Region 10.
[FR Doc. 2014–10204 Filed 5–2–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R03–OAR–2013–0690; FRL–9910–36–
Region–3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia’s Redesignation Request and
the Associated Maintenance Plan of
the West Virginia Portion of the
Martinsburg-Hagerstown, WV-MD
Nonattainment Area for the 1997
Annual Fine Particulate Matter
Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
the State of West Virginia’s request to
redesignate to attainment the West
Virginia portion of the MartinsburgHagerstown, WV-MD nonattainment
area (Martinsburg Area or Area) for the
1997 annual fine particulate matter
(PM2.5) national ambient air quality
standard (NAAQS). EPA is also
proposing to determine that the
Martinsburg Area continues to attain the
1997 annual PM2.5 NAAQS. In addition,
EPA is proposing to approve as a
revision to the West Virginia State
Implementation Plan (SIP), the
associated maintenance plan to show
maintenance of the 1997 annual PM2.5
NAAQS through 2025 for the Area. The
maintenance plan includes the 2017 and
2025 PM2.5 and nitrogen oxides (NOX)
mobile vehicle emissions budgets
(MVEBs) for Berkeley County, West
Virginia for the 1997 annual PM2.5
NAAQS which EPA is proposing to
approve for transportation conformity
purposes. Furthermore, EPA is
proposing to approve as a revision to the
West Virginia SIP, the 2007 base year
emissions inventory for the Area for the
1997 annual PM2.5 NAAQS. These
actions are being taken under the Clean
Air Act (CAA).
DATES: Written comments must be
received on or before June 4, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2013–0690 by one of the
following methods:
SUMMARY:
E:\FR\FM\05MYP1.SGM
05MYP1
Agencies
[Federal Register Volume 79, Number 86 (Monday, May 5, 2014)]
[Proposed Rules]
[Pages 25533-25540]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10204]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Proposed
Rules
[[Page 25533]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Docket: EPA-R10-OAR-2011-0916; FRL-9910-43-Region 10]
Approval and Promulgation of Implementation Plans; Alaska
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is proposing to approve revisions to the Alaska State
Implementation Plan (SIP). Alaska submitted these revisions on February
13, 2008, December 11, 2009, April 14, 2010, November 29, 2010, October
21, 2011, December 10, 2012, and January 28, 2013, to meet Clean Air
Act (CAA) requirements. These revisions update the Alaska SIP to
reflect changes to the National Ambient Air Quality Standards (NAAQS),
area designations, and Federal permitting requirements. In addition,
the submitted changes revise and clarify Alaska permitting rules, and
remove provisions that are duplicated in other regulations. Although
the EPA is proposing to approve most of the submitted revisions, the
EPA is proposing to not approve certain provisions which are
inappropriate for SIP approval. The EPA is also removing specific
provisions from the Alaska SIP that were previously approved, but that
implement other provisions of the CAA and that the State has not relied
on to demonstrate attainment or maintenance of the NAAQS or to meet
other specific requirements of section 110 of the CAA, and therefore
should not be part of the Federally-approved Alaska SIP. Finally, the
EPA is deferring action on certain portions of the submissions,
including those that adopt by reference updates to the Federal
nonattainment major new source review requirements, because those
revisions will be addressed in a separate action.
DATES: Comments must be received on or before June 4, 2014.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2011-0916, by any of the following methods:
A. www.regulations.gov: Follow the on-line instructions for
submitting comments.
B. Email: R10-Public_Comments@epa.gov.
C. Mail: Donna Deneen, EPA Region 10, Office of Air, Waste and
Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
D. Hand Delivery: EPA Region 10 Mailroom, 9th Floor, 1200 Sixth
Avenue, Suite 900, Seattle, WA 98101. Attention: Donna Deneen, Office
of Air, Waste and Toxics, AWT--107. Such deliveries are only accepted
during normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2011-0916. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
www.regulations.gov or email. The www.regulations.gov Web site is an
``anonymous access'' system, which means the EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to the EPA without
going through www.regulations.gov your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, the EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If the EPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, the
EPA may not be able to consider your comment. Electronic files should
avoid the use of special characters, any form of encryption, and be
free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
the disclosure of which is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in
www.regulations.gov or in hard copy during normal business hours at the
Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue,
Seattle, WA 98101.
FOR FURTHER INFORMATION CONTACT: Donna Deneen at (206) 553-6706,
deneen.donna@epa.gov, or by using the above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us'' or ``our'' is used, it is intended to refer to the EPA.
Table of Contents
I. Background
II. Evaluation of Submittals
A. Ambient Air Quality Standards
B. Air Quality Designations, Classifications and Control Regions
C. Baseline Dates and Maximum Allowable Increases
D. State Air Quality Control Plan
E. Documents, Procedures, and Methods Adopted by Reference
F. Federal Standards Adopted by Reference
G. Industrial Processes and Fuel-Burning Equipment
H. Ambient Air Quality Analysis Methods
I. Enforceable Test Methods
J. Owner-Requested Limits
K. Construction Permits
L. Prevention of Significant Deterioration (PSD) Permits
M. Construction, Minor and Operating Permits: Standard Permit
Conditions
N. Construction and Operating Permits: Other Permit Conditions
O. Permit Administration Fees
P. Minor Permits for Air Quality Protection
Q. Minor Permits Requested by the Owner or Operator
R. Minor Permit--Title V Permit Interface
S. Minor Permit: Application
T. Minor Permit: Review and Issuance
U. Minor Permits: Content
V. Minor Permits: Revisions
W. Conformity
X. Definitions
Y. Statutes
III. Proposed Action
IV. Statutory and Executive Order Reviews
[[Page 25534]]
I. Background
The EPA last approved major revisions to the State of Alaska air
quality regulations at Alaska Administrative Code Title 18
Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)
on August 14, 2007 (72 FR 45378) (``2007 action''). More recently, the
Alaska Department of Environmental Conservation (ADEC) submitted rule
revisions to the EPA on February 13, 2008, December 11, 2009, April 14,
2010, November 29, 2010, October 21, 2011, December 10, 2012, and
January 28, 2013. These submissions include revisions to update the
Alaska SIP for changes to the NAAQS, area designations, and Federal
permitting requirements, in addition to changes and clarifications to
Alaska permitting rules, and removal of provisions that are duplicated
in other regulations.
In this action, we are proposing to approve the rule changes
submitted by Alaska, with certain exceptions described below. We are
also removing specific provisions from the Alaska SIP that were
previously approved by the EPA, but implement other requirements of the
CAA and that the State has not relied on to demonstrate attainment or
maintenance of the NAAQS or to meet other specific requirements of
section 110 of the CAA, and therefore should not be part of the
Federally-approved Alaska SIP. In addition, we are deferring action on
certain portions of the submissions, including those adopting by
reference updates to the Federal nonattainment major new source review
(nonattainment NSR) permitting requirements at 40 CFR 51.165, as
discussed in paragraph F below. We intend to address them in a separate
action.
Below is a summary of our evaluation of the submitted revisions to
the Alaska SIP. For a more detailed discussion of the revisions, our
analysis and proposed action, please see the technical support document
(TSD) in the docket for this action. Please note that this action does
not address portions of these Alaska submissions which we previously
approved on February 9, 2011 (76 FR 7116), October 22, 2012 (77 FR
64425), February 14, 2013 (78 FR 10546), and May 9, 2013 (78 FR 27071).
In addition, our analysis in this proposed action discusses only the
most recently submitted amendment to any particular provision. We
describe how the submitted Alaska rules differ from the Federally-
approved Alaska SIP, and why the EPA believes the changes are
approvable.
II. Evaluation of Submittals
A. Ambient Air Quality Standards
The revisions submitted by Alaska update the State's ambient air
quality standards at 18 AAC 50.010 ``Ambient Air Quality Standards'' to
reflect the 2006 fine particulate matter (PM2.5), 2008 lead
(Pb), 2010 sulfur dioxide (SO2), and 2010 nitrogen dioxide
(NO2) NAAQS.\1\ Because the submitted revisions are
consistent with the Federal NAAQS promulgated under the CAA, we are
proposing to approve 18 AAC 50.010 ``Ambient Air Quality Standards,''
except paragraphs (7) and (8), which set State ambient air quality
standards for reduced sulfur compounds and ammonia respectively.
Consistent with our 2007 action, we are proposing to not approve
paragraphs (7) and (8) because they establish State ambient air quality
standards for reduced sulfur compounds and ammonia, and they are not
NAAQS established under section 109 of the CAA (72 FR 45378).
---------------------------------------------------------------------------
\1\ We note that on October 22, 2012, we approved the State's
revision to this rule to align Alaska's ozone ambient air quality
standard with the 2008 ozone NAAQS (77 FR 64425).
---------------------------------------------------------------------------
B. Air Quality Designations, Classifications and Control Regions
The submitted revisions add subparagraph (b)(3) to 18 AAC 50.015
``Air Quality Designations, Classification and Control Regions'' to
identify the PM2.5 nonattainment area for the Fairbanks and
North Pole urban area, in addition to an editor's note to clarify that
nonattainment and maintenance areas, air quality control regions, and
the Class I area boundaries can be found in the Alaska Air Quality
Control Plan and 40 CFR Part 81. We are proposing to approve these
revisions, which update the Alaska SIP to include the most recently
designated nonattainment area in Alaska.
C. Baseline Dates and Maximum Allowable Increases
The submissions revise 18 AAC 50.020 ``Baseline Dates and Maximum
Allowable Increases'' to clarify minor source baseline dates and
maximum allowable increases, including adding PM2.5 to the
tables in the rule. Specifically, the revisions clarify that baseline
dates will be determined using the already-established Federal
definition for minor source baseline dates, that concentrations above
the ambient air quality standard are prohibited, and that baseline
concentrations will be determined using already-established Federal
provisions. The submitted revisions are consistent with the CAA and
implementing provisions in 40 CFR part 52 and 81 and therefore we are
proposing to approve the revisions.
D. State Air Quality Control Plan
As a matter of State law, 18 AAC 50.030 ``State Air Quality Control
Plan'' adopts by reference Volumes II and III of the State Air Quality
Control Plan and other documents. The submissions addressed in this
action revise the appendices to the Air Quality Control Program (Volume
III, 18 AAC 50 Air Quality Control) by amending 18 AAC 50.030. We are
proposing to not approve the submitted revisions to 18 AAC 50.030
because the referenced documents that form the basis for the
submissions are being individually approved in this action. We are only
proposing to approve those provisions specifically identified in the
submissions and addressed in this action. The EPA takes action
directly, as appropriate, on the specific provisions in the State Air
Quality Control Plan that have been submitted by Alaska, so it is
unnecessary for the EPA to approve 18 AAC 50.030.
E. Documents, Procedures and Methods Adopted by Reference
18 AAC 50.035 ``Documents, Procedures, and Methods Adopted by
Reference'' adopts by reference the Alaska in situ burning guidelines,
various Federal monitoring and modeling requirements and guidance,
State ``Title V Application Forms,'' Federal reference and
interpretation methods, and standard test methods. Except for the
adoption by reference of the State ``Title V Standard Application and
Forms,'' we are proposing to approve the submitted revisions to this
provision because the changes update the Alaska SIP for the latest
versions of specific documents, and add several new Federal reference
and interpretation methods required to implement revised NAAQS. The
State ``Title V Standard Application and Forms'' are inappropriate for
SIP approval because they are not a requirement under section 110 of
title I of the CAA, but rather are a requirement of title V of the CAA.
We note that, consistent with our 2007 action, we are proposing to
not approve 18 AAC 50.035(b)(4), which specifies test methods related
to 40 CFR part 63 (72 FR 45378). This provision is inappropriate for
SIP approval because it relates to requirements that are not in the SIP
and implement other requirements of the CAA.
[[Page 25535]]
F. Federal Standards Adopted by Reference
The submissions update the most recent Federal regulation
references in 18 AAC 50.040 ``Federal Standards Adopted by Reference.''
In addition, the submissions add a new paragraph (k) to 18 AAC 50.040
to adopt by reference the provisions of 40 CFR part 64, to the extent
they apply to title V sources. Paragraph (k) of 18 AAC 50.050
implements the requirements of 40 CFR parts 64 and 71, and not the
requirements of section 110 of the CAA. In the absence of a specific
request from Alaska that this provision be included in the SIP, we are
proposing to not approve this provision.
Provisions Implementing Other Requirements of the CAA
The submissions revise paragraphs (a), (b), (c), (d), (e), (g), and
(j) of 18 AAC 50.040 to update the adoption by reference of emissions
standards for 40 CFR parts 60, 61, 62, 63, 70, and 82 sources. In
addition, the submissions add a new paragraph (k) to adopt by reference
the provisions of 40 CFR part 64 to the extent they apply to title V
sources.
These types of provisions are inappropriate for SIP approval
because they implement other requirements of the CAA, and the State is
not relying on them to demonstrate attainment or maintenance of the
NAAQS or to meet other requirements of section 110 of the CAA. We are
proposing to not approve the addition of subparagraph (j)(9), relating
to 40 CFR part 71 ``Operating Permits,'' for the same reason.
PSD
The submissions revise paragraph (h) of 18 AAC 50.040 to adopt by
reference specific provisions of the Federal PSD regulations set forth
at 40 CFR 51.166 and 40 CFR 52.21 as of July 1, 2011, to implement the
Alaska PSD permitting program. However, the submitted revisions
adopting by reference 40 CFR 52.21(i) (relating to the significant
monitoring concentration (SMC)) and 40 CFR 52.21(k) (relating to the
significant impact level (SIL)) have been impacted by a recent court
decision vacating portions of the 2010 PSD PM2.5
Implementation Rule (October 20, 2010, 75 FR 64864).
On January 22, 2013, the U.S. Court of Appeals for the District of
Columbia, in Sierra Club v. EPA, 703 F.3d 458 (D.C. Cir. 2013), issued,
with respect to the SMC, a judgment that, inter alia, vacated the
provisions of the 2010 PSD PM2.5 Implementation Rule adding
the PM2.5 SMC to the Federal regulations at
51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c). In its decision, the Court
held that the EPA did not have authority to use SMCs to exempt permit
applicants from the statutory requirement in section 165(e)(2) of the
CAA that ambient monitoring data for PM2.5 be included in
all PSD permit applications. Thus, although the PM2.5 SMC
was not a required element of a state's PSD program, where a state PSD
program contains such a provision and allows issuance of new permits
without requiring ambient PM2.5 monitoring data, such
application of the vacated SMC would be inconsistent with the Court's
opinion and the requirements of section 165(e)(2) of the CAA.
At the EPA's request, the decision also vacated and remanded to the
EPA for further consideration the portions of the 2010 PSD
PM2.5 Implementation Rule that revised 40 CFR 51.166 and 40
CFR 52.21 related to SILs for PM2.5. The EPA requested this
vacatur and remand of two of the three provisions in the EPA
regulations that contain SILs for PM2.5, because the wording
of these two SIL provisions (40 CFR 51.166(k)(2) and 40 CFR
52.21(k)(2)) is inconsistent with the explanation of when and how SILs
should be used by permitting authorities that we provided in the
preamble to the Federal Register publication when we promulgated these
provisions. The third SIL provision (40 CFR 51.165(b)(2)) was not
vacated and remains in effect. In addition, the Court decision does not
affect the PSD increments for PM2.5 promulgated as part of
the 2010 PSD PM2.5 Implementation Rule.
We note that the EPA recently amended its regulations to remove the
vacated PM2.5 SILs and SMC provisions from PSD regulations
on December 9, 2013 (78 FR 73698). In addition, the EPA will initiate a
separate rulemaking in the future regarding the PM2.5 SILs
that will address the Court's remand. In the meantime, we are advising
states to begin preparations to remove the vacated provisions from
state PSD regulations.
Consistent with the vacatur of the EPA regulations as they relate
to the PM2.5 SMC and the PM2.5 SIL, and the EPA's
December 9, 2013, rulemaking, Alaska has submitted a letter dated
February 12, 2014, withdrawing the adoption by reference of 40 CFR
52.21 as it relates to the vacated PM2.5 SMC and SIL at
subparagraphs 18 AAC 50.040(h)(7) and (9). A copy of Alaska's letter is
in the docket for this action. Although these provisions remain in
effect as a matter of State law, Alaska has confirmed that it will not
apply either the PM2.5 SMC provisions at 40 CFR
51.166(i)(5)(i)(c) and 52.21 (i)(5)(i)(c), or the PM2.5 SIL
provisions at 40 CFR 51.166(k)(2) and 52.21(k)(2) in implementing the
State PSD program. In addition, the letter states that Alaska intends
to remove the vacated provisions to ensure consistency with Federal
law.
The submissions also add subparagraph (21) to 18 AAC 50.040(h) to
adopt by reference 40 CFR 52.22 ``Enforceable Commitments for Further
Actions Addressing the Pollutant Greenhouse Gases (GHGs).'' This
provision is inappropriate for SIP approval because it is related to a
Federal commitment that is not applicable to the State. Therefore, we
are proposing to not approve the addition of subparagraph (21).
In summary, we are proposing to approve the revisions to 18 AAC
50.040(h) except for subparagraph (21). We are taking no action on
subparagraphs (7) and (9) because these provisions were withdrawn.
Nonattainment NSR
The submitted revisions to paragraph (i) of 18 AAC 50.040 update
the adoption by reference of Federal provisions at 40 CFR 51.165
``Permit Requirements.'' These provisions govern the permitting of new
major sources and major modifications in nonattainment areas. On
February 12, 2014, Alaska submitted a letter to the EPA explaining that
the Alaska regulations submitted for approval adopt by reference the
``regulated NSR pollutant'' definition found in the Federal PSD
permitting regulations at 40 CFR 52.21(b)(50), rather than the
definition in the Federal nonattainment NSR regulations 40 CFR
51.165(a)(1)(xxxvii). In the letter, Alaska stated that it intends to
propose revisions to the appropriate sections of 18 AAC 50 to adopt by
reference the ``regulated NSR pollutant'' definition at 40 CFR
51.165(a)(1)(xxxvii) for purposes of nonattainment NSR permitting, and
to begin the public notice and comment process at the first
opportunity. The EPA understands the State has already commenced a
rulemaking to revise the definition of regulated NSR pollutant. In
light of the commencement of that rulemaking, we are taking no action
on Alaska's revisions to 18 AAC 50.040(i) at this time, but will
address the revisions at a later date. We are deferring action on the
revisions to 18 AAC 50.040(i) to give Alaska the opportunity to revise
its definition of ``regulated NSR pollutant'' for nonattainment areas
in 18 AAC 50.040(i)(1)(B)(i).
[[Page 25536]]
G. Industrial Processes and Fuel-Burning Equipment
In subparagraph (a)(9)(D) of 18 AAC 50.055 ``Industrial Processes
and Fuel-Burning Equipment, '' the term ``facility'' was replaced by
the more specific term ``stationary source.'' We are proposing to
approve this revision because it clarifies that a Federally-approved
source-specific SIP revision is necessary to change the applicable
opacity limit at a stationary source located at a facility. In
addition, consistent with our 2007 action, we are proposing to not
approve subparagraph (d)(2)(B), which contains emissions standards for
hydrogen sulfide (72 FR 45378). This provision is inappropriate for SIP
approval because it is not related to attainment or maintenance of the
NAAQS or other specific requirements of section 110 of the CAA.
H. Ambient Air Quality Analysis Methods
The submitted revisions to 18 AAC 50.215 ``Ambient Air Quality
Analysis Methods'' include revisions to update the methods for
PM2.5 and ozone, and minor clarifications and edits. The EPA
proposes to approve the submitted changes, with the exceptions
described below.
The submissions add subparagraph (a)(3) to 18 AAC 50.215 to
reference the EPA's ``Meteorological Monitoring Guidance for Regulatory
Modeling Applications,'' adopted by reference in 18 AAC 50.035(a).
Alaska renumbered what was previously subparagraph (a)(3) to (a)(4).
What is now subparagraph (a)(4) was added in earlier revisions to allow
ADEC to approve alternative reference test methods for collecting
ambient monitoring data. In our 2007 action, we did not approve this
provision because it provides for unbounded director's discretion (72
FR 45378). Consistent with our 2007 action, we are proposing to not
approve subparagraph (a)(4), which authorizes ADEC to approve any
alternative method that ADEC determines is ``representative, accurate,
verifiable, capable of replication.'' In essence, this subparagraph
allows ADEC to modify requirements relied on to attain and maintain the
NAAQS without a SIP revision. For additional discussion, see the TSD
for our 2007 action, which can be found in the docket for this action.
See also 78 FR 12460, 12485-86 (February 22, 2013).
As explained above in the discussion of 18 AAC 50.040(h), because
40 CFR 51.166(k)(2) and 40 CFR 52.21(k)(2) relating to SILs were
vacated by the U.S. Court of Appeals for the District of Columbia, and
subsequently repealed by the EPA, Alaska withdrew the revisions to
paragraph (d) which update the SILs table and associated SIL-related
requirements.\2\
---------------------------------------------------------------------------
\2\ Letter from Alaska Department of Environmental Conservation
regarding PM2.5 Significant Impact Levels and Significant
Monitoring Concentrations, dated February 12, 2014.
---------------------------------------------------------------------------
I. Enforceable Test Methods
We are proposing to approve the submitted changes to 18 AAC 50.220
``Enforceable Test Methods'' except for subparagraphs (A), (B), and (C)
of (c)(1), and all of subparagraph (c)(2), as described below.
Subparagraph (c)(2) of 18 AAC 50.220 authorizes ADEC to approve the
use of an alternative method using the procedure specified in 40 CFR
part 63, Appendix A, Method 301. In essence, subparagraph (c)(2)
authorizes ADEC to issue variances from regulatory requirements,
including SIP, New Source Performance Standards (NSPS), and National
Emission Standards for Hazardous Air Pollutants (NESHAP) requirements.
Consistent with our 2007 action, we are proposing to not approve
subparagraph (c)(2), which in essence allows ADEC to modify
requirements relied on to attain and maintain the NAAQS without a SIP
revision (72 FR 45378). See also 78 FR 12460, 12485-86 (Feb. 22, 2013).
In addition, under the authority of CAA section 110(k)(6), we are
removing from the SIP subparagraphs (A), (B), and (C) of 18 AAC
50.220(c)(1) because they relate to test methods for CAA requirements
that are not part of the SIP and implement other provisions of the CAA.
J. Owner-Requested Limits
We are proposing to approve the revisions to 18 AAC 50.225 ``Owner-
Requested Limits'' paragraph (a) and subparagraph (b)(7) because the
revisions clarify what can be requested and what needs to be submitted
for purposes of this provision. The clarifications do not change the
existing requirements for establishing source-specific limitations
under 18 AAC 50.225. We are also proposing to approve the addition of
paragraph (i) to this provision because it provides for the submission
of certain information and clarifies Alaska's process and effective
date, but does not change the existing requirements for establishing
source-specific limitations under this rule.
K. Construction Permits
The submitted revisions add paragraph (c) to 18 AAC 50.302
``Construction Permits'' to clarify that a subsequent revision to a
title V permit term or condition that is solely necessary to meet a
title V requirement, but was associated with an integrated review
conducted under 18 AAC 50.306(c)(3), may be processed through the title
V operating permit amendment or modification provisions of 18 AAC
50.326. We are proposing to approve this new provision because it is
appropriate and consistent with the CAA for revisions made solely for
title V purposes to be revised using the title V amendment or
modification provisions.
In addition, under the authority of CAA section 110(k)(6), we are
removing from the SIP subparagraph (a)(3) of this provision, because it
relates to major sources of hazardous air pollutants. This provision
implements other requirements of the CAA and the State has not relied
on this requirement to demonstrate attainment or maintenance of the
NAAQS or to meet other specific requirements of section 110 of the CAA.
L. Prevention of Significant Deterioration (PSD) Permits
Alaska's PSD program was originally approved into the SIP by the
EPA on July 5, 1983, and has been revised several times since the
original approval. The most recent major revision to Alaska's PSD
program was approved by the EPA in our 2007 action (72 FR 45378). In
general, Alaska chooses to adopt by reference the Federal PSD rules in
40 CFR 52.21 rather than the comparable provisions in 40 CFR 51.166,
which set forth what is required in a State's plan, because 40 CFR
52.21 is written to directly state the requirements of an owner or
operator. In some cases, Alaska adopted provisions of 40 CFR 51.166
rather than the comparable provisions of 40 CFR 52.21 because 40 CFR
51.166 was a better fit for a SIP-approved PSD program.
Key submitted changes to 18 AAC 50.306 ``Prevention of Significant
Deterioration (PSD) Permits'' include the definition of ``national
ambient air quality standard,'' which is revised to mean ``an ambient
air quality standard set out in 18 AAC 50.010 for this state'' and
``ambient air increment'' or ``maximum allowable increase,'' which is
revised to mean a maximum allowable increase calculated as described in
18 AAC 50.020 ``Baseline Dates and Maximum Allowable Increases.'' We
are proposing to approve the definition of ``national ambient air
[[Page 25537]]
quality standard'' because the referred-to State ambient air quality
standards in 18 AAC 50.010 include the Federal 2006 PM2.5
NAAQS, 2008 ozone NAAQS, 2008 Pb NAAQS, 2010 SO2 NAAQS, and
2010 NO2 NAAQS in 40 CFR part 50. The EPA's understanding is
that the previous reference to ``national ambient air quality
standard'' in this provision referred to the NAAQS as last adopted by
reference by ADEC, so that the change in reference from ``national
ambient air quality standard'' to ``ambient air quality standards in 18
AAC 50.010'' is not a substantive change. It will remain important for
ADEC to revise 18 AAC 50.010 promptly after Federal revisions to the
NAAQS so that its PSD program continues to meet Federal requirements.
In addition, we are proposing to approve in subparagraph (b)(1)(C)
the definition of ``ambient air increment'' or ``maximum allowable
increase'' because it appropriately refers to the established maximum
allowance increases that Alaska has set out in Table 3 of 18 AAC
50.020(b). We are proposing to approve the other submitted
clarifications to this rule because they meet the requirements of the
CAA.
M. Construction, Minor and Operating Permits: Standard Permit
Conditions
We are proposing to approve the submitted revisions to 18 AAC
50.345 ``Construction, Minor and Operating Permits: Standard Permit
Conditions'' because they meet the requirements of the CAA, with the
exception of paragraph (l). Paragraph (l) gives ADEC unbounded
discretion to change the source testing requirements of a Federally-
enforceable permit without revising the permit. Consistent with our
2007 action, we are proposing to not approve paragraph (l) (72 FR
45378). See also 78 FR 12460, 12485-86 (Feb. 22, 2013)
N. Construction and Operating Permits: Other Permit Conditions
Alaska submitted revisions to paragraphs (a), (b) and (c) of 18 AAC
50.346 ``Construction and Operating Permits: Other Permit Conditions.''
Consistent with our 2007 action, we are proposing to not approve 18 AAC
50.346(a) because this provision only requires corrective action after
the permittee or ADEC, determines a violation has occurred and thus
cannot be construed as monitoring to assure compliance (72 FR 45378).
In addition, we are proposing to not approve paragraphs (b) and (c)
because the provisions implement requirements of title V of the CAA,
and not requirements of section 110 of title I of the CAA.
O. Permit Administration Fees
Alaska submitted revisions to paragraphs (a), (e), (g), (h), (i),
and (m), and subparagraphs (j)(19) and (20) of 18 AAC 50.400 ``Permit
Administration Fees.'' We are proposing to approve the fee provisions
in 18 AAC 50.400(e), (g), (h), (i), (j)(19) and (j)(20) because these
provisions implement SIP requirements. We are proposing to not approve
paragraph (a) of this provision because it implements requirements of
title V of the CAA and not requirements of section 110 of title I of
the CAA. In addition, it is not necessary to act on paragraph (m),
which was repealed, because that provision is not currently in the
Federally-approved Alaska SIP.
P. Minor Permits for Air Quality Protection
The Alaska submissions revise subparagraphs (c)(1), (2), and (3) of
18 AAC 50.502 ``Minor Permits for Air Quality Protection'' to
appropriately refer to ``beginning actual construction,'' ``beginning
relocation,'' and ``beginning a physical change to or a change in
operation.'' The previous version of these provisions required an owner
or operator to obtain a minor permit before commencing construction,
relocation, or a physical change, which corresponded generally to a
date that occurs before actual construction begins. The CAA, however,
does not require a state to tie the obligation to obtain a minor permit
to the commence construction date, or to a date that occurs before
actual construction begins. Alaska has, accordingly, changed the
requirements to obligate a source to obtain a minor permit before
``beginning actual construction,'' ``beginning relocation,'' or
``beginning a physical change,'' consistent with CAA requirements. We
are proposing to approve these revisions.
The submissions also add subparagraphs (c)(1)(F), (c)(3)(A)(v) and
(c)(3)(B)(v) to 18 AAC 50.502 to establish PM2.5 thresholds
for determining whether the owner or operator of a stationary source
must obtain a minor permit for PM2.5. These new
subparagraphs strengthen the SIP by requiring stationary sources of
PM2.5 above the specified thresholds to obtain a minor
permit. These provisions are consistent with Federal requirements in 40
CFR 51.160 through 164, and are approvable. Finally, we are proposing
to approve 18 AAC 50.502(e), (g), and (i) because they are consistent
with CAA requirements and are clarifications to existing Federally-
approved rules.
Q. Minor Permits Requested by the Owner or Operator
The submissions revise 18 AAC 50.508 ``Minor Permits Requested by
the Owner or Operator'' by clarifying terms and cross-references, and
repealing provisions that have been repealed at the Federal level. We
are proposing to approve these revisions because they are consistent
with the CAA.
R. Minor Permit--Title V Permit Interface
The submissions add a new provision, 18 AAC 50.510 ``Minor Permit--
Title V Permit Interface,'' which provides that certain terms or
conditions established in a minor permit at 18 AAC 50.542 solely for
title V purposes can be revised through the applicable title V revision
process. We are proposing to approve this provision because it makes
permit terms established in a minor permit, solely under the authority
of title V, subject to the title V permit revision provisions.
S. Minor Permit: Application
We are proposing to approve the submitted revisions to 18 AAC
50.540 ``Minor Permit: Application.'' Specifically, we are proposing to
approve the revision to subparagraph (c)(2) to clarify the air quality
analysis methods for demonstrating attainment or maintenance of the
ambient air quality standards. We also are proposing to approve the
NO2 exception in 50.540(l) because it only pertains to the
content of the application, and does not change the requirements for
air quality analysis during the permit review process that continue to
apply under 18 AAC 50.542(f). Finally, we are proposing to approve the
revisions to 18 AAC 50.540(d), (j), and (k) because they either clarify
existing rule language or add requirements that will assist in the
implementation of these provisions.
T. Minor Permit: Review and Issuance
The submissions revise 18 AAC 50.542 ``Minor Permit: Review and
Issuance'' in several places. We are proposing to approve the revision
to paragraph (a), excluding sources in the additional areas of the
Municipality of Anchorage, the City of Fairbanks, Fort Wainwright, and
Eielson Air Force Base from fast track procedures. In these areas, ADEC
will provide a 30-day public comment period for sources regardless of
whether a public comment period was requested. We also are proposing to
approve, in subparagraph (c)(2)(A), the addition of a PM2.5
screening level because it is reasonable and appropriate to offer the
fast-track procedure to sources that can show
[[Page 25538]]
compliance with the NAAQS using a conservative approach. The screening
level of 50 percent of the PM2.5 standard is set well below
the ambient air quality standard for PM2.5 and appropriately
conservative for showing compliance.
In addition, we are proposing to approve, in subparagraph
(c)(2)(D), an alternative way to determine if the fast-track procedure
in subparagraph (c)(2) is available for a modification. This provision
is approvable because it is an appropriately conservative approach that
relies on the highest predicted concentrations for use in comparing to
the ambient air quality standard and is appropriately conservative for
showing compliance.
Consistent with our 2007 action (72 FR 45378), we are proposing to
approve the remaining portion of 18 AAC 50.542, except subparagraph
(b)(2). Subparagraph (b)(2) allows ADEC to require the owner/operator
to submit a permit application online. Alaska did not submit the
appropriate documentation to allow the EPA to evaluate the
approvability of Alaska's Online System with respect to the EPA's
Cross-Media Electronic Reporting Rule (CROMERR). See 70 FR 59848
(October 13, 2005). Therefore, we are proposing to not approve
subparagraph (b)(2).
U. Minor Permits: Content
The submissions revise 18 AAC 50.544 ``Minor Permits: Content,'' a
provision that sets forth what a minor permit must contain. We are
proposing to approve the submitted revisions to subparagraphs (a)(5)
and (6) because they correspond to the clarification in 18 AAC 50.345
that requires the standard permit conditions of 18 AAC 50.345 to apply
to minor permits. We are also proposing to approve subparagraph (a)(7)
because this provision establishes the process for accommodating an
owner or operator request to add the conditions of a minor permit to a
title V permit, and because this provision is not contrary to any CAA
requirement. Finally, we are proposing to approve subparagraph (c)(3)
and paragraph (h) as clarifications of the terms and conditions that
are required to be included in a permit.
V. Minor Permits: Revisions
We are proposing to approve 18 AAC 50.546 ``Minor Permits:
Revisions,'' except paragraph (b), which authorizes ADEC to revise
``non-substantive elements of a minor permit without further
administrative procedures.'' As discussed in our 2007 action, we did
not approve paragraph (b) because it does not adequately define the
class of revisions that can be made without public review (72 FR
45378). For the same reason, we are proposing to not approve paragraph
(b) in this action.
W. Conformity
Revisions to the regulations in Article 7 ``Conformity'' of 18 AAC
50 were submitted in Alaska's October 21, 2011, submission. We are not
addressing these revisions in this action. We intend to address these
revisions in a separate action.
X. Definitions
18 AAC 50.990 ``Definitions,'' defines terms and also adopts by
reference applicable definitions set forth in Federal rules. We are
proposing to approve the submitted revisions to this provision because
they meet the requirements of the CAA. Specifically, we are proposing
to approve the repeal of the definitions of ``clean unit,'' ``expected
arithmetic mean,'' ``expected number'' and ``pollution control
project'' because the EPA has previously revoked or repealed the
related Federal provision requiring the definition. In addition, we are
proposing to approve the updated definition of ``good engineering
practice stack height'' to reference the requirements of 40 CFR
51.100(ii) as revised as of July 1, 2007, and as currently in effect.
We are also proposing to approve the revisions to the definitions
of ``impairment of visibility,'' ``modification'' or ``modify,''
``nonroad engine,'' ``reconstruct'' and ``reconstruction,'' ``regulated
air pollutant,'' ``regulated NSR pollutant'' (except that we are
deferring action on this definition as it relates to 18 AAC 50.040(i)
(nonattainment NSR)), ``volatile organic compound,'' ``PAL,''
``regional administrator,'' ``PM-2.5,'' ``transportation improvement
plan,'' ``CO2 equivalent emissions,'' and ``greenhouse gases'' because
they reflect the already-established Federal definitions for these
terms.
Y. Statutes
In addition to our review of regulatory changes to 18 AAC 50, we
reviewed Alaska statutory provisions submitted as part of the January
28, 2013, submission. Specifically, the submission included portions of
Alaska Statutes Chapters 44.46 ``Department of Environmental
Conservation;'' 46.03 ``Declaration of Policy;'' and 46.14 ``Air
Quality Control.'' Based on our review, these submitted statutes
continue to provide Alaska with adequate legal authority to carry out
the requirements of the Alaska SIP as set forth in sections 110 and 114
of the CAA and its implementing regulations, in particular 40 CFR
51.230.
Certain aspects and provisions, however, merit further discussion.
First, the EPA's authority to approve SIPs extends to provisions
related to attainment and maintenance of the NAAQS, and carrying out
other specific requirements of section 110 of the CAA. Therefore, our
review of the submitted statutory provisions is limited in that
respect.
Second, AS 46.14.540 ``Authority of Department in Cases of
Emergency'' states that, under certain circumstances, the commissioner
may waive procedural requirements of AS Chapter 46.14 and issue an
order to authorize emergency use of the emissions unit. This statutory
provision authorizes ADEC to issue a variance to State regulations
approved into the SIP without meeting state regulatory requirements for
revising a regulation or permit and without a SIP revision. Section
110(i) of the CAA, however, specifically precludes states from changing
the requirements of the SIP, except through SIP revisions approved by
the EPA as provided in section 110 of the CAA and the implementing
regulations at 40 CFR 51.100 to 51.105. See 78 FR 12460, 12485-86 (Feb.
22, 2013). For these reasons, we are proposing to not approve AS
46.14.540 ``Authority of Department in Cases of Emergency'' into the
SIP.
Third, AS 46.14.560 ``Unavoidable Malfunctions and Emergencies''
provides an affirmative defense to an action for noncompliance with a
technology-based emission standard for excess emissions ``caused by an
unavoidable emergency, a malfunction, or nonroutine repairs of an
emissions unit'' when asserted under regulations adopted by ADEC under
AS 46.14.140. This statutory provision is the basis for 18 AAC 50.240
``Excess Emissions.'' Both AS 46.14.560 and 18 AAC 50.240 were
previously approved into the Alaska SIP. The current SIP submission
includes a resubmission of AS 46.14.560, with two minor changes, but
does not include a resubmission of 18 AAC 50.240.
On February 22, 2013, the EPA proposed a SIP call in which the EPA
identified deficiencies in the startup, shutdown, and malfunction
provisions of numerous states, including Alaska's regulation 18 AAC
50.240 (78 FR 12460) (proposed SSM SIP call). In light of the proposed
SSM SIP call, we are taking no action on Alaska's submission of AS
46.14.560 at this time, but rather will take action on the submission
at a later date.
[[Page 25539]]
Fourth, AS 46.14.510(b) relates to maintenance of motor vehicle air
pollution control equipment. We incorporated by reference AS
46.14.510(b) on November 18, 1998 (63 FR 63983). In this action, we are
removing the incorporation by reference of AS 46.14.510(b) because the
provision is addressed by incorporation by reference elsewhere in the
Federally-approved SIP (at 18 AAC 52.015(a), (b), 52.990(66)(B) and
52.100(d)(3)).
In general, we are not proposing to incorporate by reference the
statutory provisions submitted by Alaska to avoid potential conflict
with the EPA's independent authorities. However, we are proposing to
continue to incorporate by reference updated AS 46.14.550 and the
definitions in updated AS 46.14.990, where a definition in 18 AAC
50.990 states that it has the meaning given in AS 46.14.990, and where
it relates to attainment or maintenance of the NAAQS or other specific
requirements of section 110 of the CAA. These incorporated by reference
definitions are AS 46.14.990 (4) ``building, structure, facility, or
installation,'' (5) ``commissioner,'' (8) ``department,'' (15) ``local
air quality control program,'' (16) ``major modification,'' (17)
``major stationary source,'' (18) ``operating permit,'' and (27) ``tank
vessel.''
III. Proposed Action
Provisions the EPA Is Proposing To Approve and Incorporation by
Reference
Consistent with the discussion and analysis above, the EPA is
proposing to approve into the SIP at 40 CFR part 52, subpart C, the
Alaska laws and regulations listed in the table below. Note that in
those instances where ADEC submitted multiple revisions to a single
section of 18 AAC 50, the most recent version of that section (based on
state effective date) is proposed to be incorporated into the SIP as it
supersedes all previous revisions.
Alaska Provisions for Proposed Approval and Incorporation by Reference
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date Explanation
----------------------------------------------------------------------------------------------------------------
18 AAC 50.010......................... Ambient Air Quality 1/4/2013 Except (7) and (8).
Standards.
18 AAC 50.015......................... Air Quality Designations, 12/9/2010 ...........................
Classifications, and
Control Regions.
18 AAC 50.020......................... Baseline Dates and Maximum 1/4/2013 ...........................
Allowable Increases.
18 AAC 50.035......................... Documents, Procedures, and 1/4/2013 Except (a)(6) and (b)(4).
Methods Adopted by
Reference.
18 AAC 50.040......................... Federal Standards Adopted 1/4/2013 Except (a), (b), (c), (d),
by Reference. (e), (g), (h)(7), (h)(9),
(h)(17), (h)(18), (h)(19),
(h)(21), (i), (j), and
(k).
18 AAC 50.050......................... Incinerator Emission 7/25/2008 ...........................
Standards.
18 AAC 50.055......................... Industrial Processes and 12/9/2010 Except (d)(2)(B).
Fuel-Burning Equipment.
18 AAC 50.215......................... Ambient Air Quality 1/4/2013 Except (a)(4) and (d).
Analysis Methods.
18 AAC 50.220......................... Enforceable Test Methods... 9/14/2012 Except (c)(1)(A), (B) (C),
and (c)(2).
18 AAC 50.225......................... Owner-Requested Limits..... 9/14/2012 ...........................
18 AAC 50.302......................... Construction Permits....... 9/14/2012 Except (a)(3).
18 AAC 50.306......................... Prevention of Significant 1/4/2013 ...........................
Deterioration (PSD)
Permits.
18 AAC 50.345......................... Construction, Minor and 9/14/2012 Except (b), (c)(3), and
Operating Permits: (l).
Standard Permit Conditions.
18 AAC 50.400......................... Permit Administration Fees. 9/14/2012 Except (a), (b), (c), (d),
(f), (j)(1) through
(j)(18), (j)(21) through
(j)(23), and (k).
18 AAC 50.502......................... Minor Permits for Air 1/4/2013 ...........................
Quality Protection.
18 AAC 50.508......................... Minor Permits Requested by 12/9/2010 ...........................
the Owner or Operator.
18 AAC 50.510......................... Minor Permit: 18 AAC 50.510 12/9/2010 ...........................
Minor Permit--Title V
Permit Interface.
18 AAC 50.540......................... Minor Permit: Application.. 1/4/2013 ...........................
18 AAC 50.542......................... Minor Permit: Review and 1/4/2013 Except (b)(2).
Issuance.
18 AAC 50.544......................... Minor Permits: Content..... 12/9/2010 ...........................
18 AAC 50.546......................... Minor Permits: Revisions... 7/15/2008 Except (b).
18 AAC 50.990......................... Definitions................ 9/14/2012 Except (92) as it relates
to 18 AAC 50.040(i).
AS 46.14.550.......................... Responsibilities of Owner 1/4/2013 ...........................
and Operator; Agent for
Service.
AS 46.14.990.......................... Definitions................ 1/4/2013 Except (1)-(3), (6), (7),
(9)-(14), (19)-(26), and
(28).
----------------------------------------------------------------------------------------------------------------
As discussed above, EPA proposes to find that the statutes
submitted by ADEC in its SIP revisions, with the exceptions discussed
above, continue to provide Alaska with adequate legal authority to
carry out the requirements of the Alaska SIP. In general, the EPA is
not proposing to incorporate by reference the statutory provisions
submitted by Alaska to avoid potential conflict with the EPA's
independent authorities.
Provisions the EPA Is Proposing To Not Approve
We are proposing to not approve the following provisions for the
reasons explained above and in the TSD:
18 AAC 50.010 ``Ambient Air Quality Standards,''
paragraphs (7) and (8).
18 AAC 50.030 ``State Air Quality Control Plan.''
18 AAC 50.035 ``Documents, Procedures, and Methods Adopted
by Reference,'' subparagraphs (a)(6) and (b)(4).
18 AAC 50.040 ``Federal Standards Adopted by Reference,''
paragraphs (a), (b), (c), (d), (e), (g), (j) and (k), and subparagraph
(h)(21).
18 AAC 50.055 ``Industrial Processes and Fuel-Burning
Equipment,'' subparagraph (d)(2)(B).
18 AAC 50.215 ``Ambient Air Quality Analysis Methods,''
subparagraph (a)(4).
[[Page 25540]]
18 AAC 50.220 ``Enforceable Test Methods,'' subparagraph
(c)(2).
18 AAC 50.326 ``Title V Operating Permits, paragraph (e).
18 AAC 50.345 ``Construction and Operating Permits:
Standard Permit Conditions,'' paragraph (l).
18 AAC 50.346 ``Construction and operating permits: Other
permit conditions,'' paragraphs (a), (b) and (c).
18 AAC 50.400 ``Permit Administration Fees,'' paragraph
(a).
18 AAC 50.542 ``Minor Permit: Review and Issuance,''
subparagraph (b)(2).
18 AAC 50.546 ``Minor Permits: Revisions,'' paragraph (b).
AS 46.14.540 ``Authority of Department in Cases of
Emergency.''
Provisions the EPA Is Removing From the SIP or From Incorporation by
Reference
Under the authority of CAA section 110(k)(6), we are removing the
following provisions from the SIP because they implement other
requirements of the CAA and the State has not relied on these
provisions to demonstrate attainment or maintenance of the NAAQS or to
meet other specific requirements of section 110 of the CAA: 18 AAC
50.220(c)(1)(A), (B), (C) and 18 AAC 50.302(a)(3). We are also removing
AS 46.14.510(b), which was incorporated by reference on November 18,
1998 (63 FR 63983). However, we have determined that the provision is
addressed by incorporation by reference elsewhere in the Federally-
approved SIP.
Provisions the EPA Is Taking No Action On
Finally, as detailed above and in the TSD, we are taking no action
on the following Alaska provisions: 18 AAC 50.040 ``Federal Standards
Adopted by Reference'' paragraph (i) (adoption by reference of Federal
nonattainment NSR regulations at 40 CFR 51.165); 18 AAC 50 Article 7
``Conformity;'' and AS 46.14.560 ``Unavoidable Malfunctions and
Emergencies.'' We intend to address these changes in a separate action.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because this action does not involve technical standards; and
does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and the EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides, and
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 23, 2014.
Dennis J. McLerran,
Regional Administrator Region 10.
[FR Doc. 2014-10204 Filed 5-2-14; 8:45 am]
BILLING CODE 6560-50-P