Air Plan Approval; Alaska: Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards, 24914-24923 [2017-10938]
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24914
Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Proposed Rules
Dated: May 4, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2017–10923 Filed 5–30–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2017–0020]; FRL–9963–
14–Region 8]
Approval and Promulgation of Air
Quality Implementation Plans;
Montana; Revisions to the
Administrative Rules of Montana
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
State Implementation Plan (SIP)
revisions submitted by the state of
Montana on September 8, 2016. The
revisions are to the Administrative
Rules of Montana (ARM) and include
updates to the citations and references
to federal and state laws and
regulations, updated links to sources of
information, and provides clarity on
how copies of federal regulations may
be obtained. In the ‘‘Rules and
Regulations’’ section of this Federal
Register, we are approving these SIP
revisions as a direct final rule without
prior proposed rule. If we receive no
adverse comment, we will not take
further action on this proposed rule.
This action is being taken in accordance
with section 110 of the Clean Air Act
(CAA).
SUMMARY:
Written comments must be
received on or before June 30, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2017–0020 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
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DATES:
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contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system).
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at the Air Program,
Environmental Protection Agency
(EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202–1129. The EPA
requests that you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
Friday, 8:00 a.m. to 4:00 p.m., excluding
federal holidays. For additional
submission methods, the full EPA
public comment policy, information
about CBI or multimedia submissions,
and general guidance on making
effective comments, please visit https://
www2.epa.gov/dockets/commentingepa-dockets.
FOR FURTHER INFORMATION CONTACT:
Jaslyn Dobrahner, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6252,
dobrahner.jaslyn@epa.gov.
SUPPLEMENTARY INFORMATION: In the
‘‘Rules and Regulations’’ section of this
Federal Register, the EPA is approving
the State’s SIP revisions as a direct final
rule without prior proposal because the
Agency views these as noncontroversial
SIP revisions and anticipates no adverse
comments. In this proposed rule, the
EPA is proposing regulatory text that
includes incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is proposing to
incorporate by reference the date of the
version of the federal regulations
regarding air quality rules into the ARM.
A detailed rationale for the approval is
set forth in the preamble to the direct
final rule.
If the EPA receives no adverse
comments, the EPA will not take further
action on this proposed rule. If the EPA
receives adverse comments, we will
withdraw the direct final rule and it will
not take effect. The EPA will address all
public comments in a subsequent final
rule based on this proposed rule. The
EPA will not institute a second
comment period on this action. Any
parties interested in commenting must
do so at this time. For further
information, please see the ADDRESSES
section of this notice. Please note that if
the EPA receives adverse comment on
an amendment, paragraph, or section of
this rule and if that provision may be
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severed from the remainder of the rule,
the EPA may adopt as final those
provisions of the rule that are not the
subject of an adverse comment. See the
information provided in the Direct Final
action of the same title which is located
in the Rules and Regulations Section of
this Federal Register.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 12, 2017.
Suzanne J. Bohan,
Acting Regional Administrator, Region 8.
[FR Doc. 2017–10925 Filed 5–30–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2017–0040; FRL–9963–13–
Region 10]
Air Plan Approval; Alaska:
Infrastructure Requirements for the
2008 Lead National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Whenever a new or revised
National Ambient Air Quality Standard
(NAAQS) is promulgated, each state
must submit a plan for the
implementation, maintenance and
enforcement of such standard,
commonly referred to as infrastructure
requirements. On July 9, 2012, Alaska
submitted a plan to address the
infrastructure requirements for the lead
(Pb) NAAQS promulgated on October
15, 2008. The Environmental Protection
Agency (EPA) is proposing to approve
the plan as meeting Clean Air Act (CAA)
requirements.
DATES: Comments must be received on
or before June 30, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2017–0040, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
SUMMARY:
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Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Proposed Rules
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Kristin Hall, Air Planning Unit, Office of
Air and Waste (OAW–150),
Environmental Protection Agency—
Region 10, 1200 Sixth Ave, Seattle, WA
98101; telephone number: (206) 553–
6357; email address: hall.kristin@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
Table of Contents
I. Background
II. Infrastructure Elements
III. EPA Approach To Review of
Infrastructure Submissions
IV. EPA Evaluation
V. Proposed Action
VI. Statutory and Executive Orders Review
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I. Background
On October 15, 2008, the EPA revised
the level of the primary and secondary
Pb standards to 0.15 micrograms per
cubic meter (m/m3) (73 FR 66964). The
CAA requires that states submit SIPs
meeting the requirements of CAA
sections 110(a)(1) and (2) within three
years after promulgation of a new or
revised standard. CAA sections
110(a)(1) and (2) require states to
address basic SIP elements, including
emissions inventories, monitoring, and
modeling to assure attainment and
maintenance of the standards, so-called
infrastructure requirements. To help
states, on October 14, 2011, the EPA
issued guidance to address the
infrastructure requirements for the 2008
Pb NAAQS (2011 Guidance).1 In
addition, the EPA issued general
infrastructure guidance for multiple
NAAQS (2013 Guidance).2 As noted in
1 Stephen D. Page, Director, Office of Air Quality
Planning and Standards. ‘‘Guidance on
Infrastructure State Implementation Plan (SIP)
Elements Required Under Sections 110(a)(1) and (2)
for the 2008 Lead (Pb) National Ambient Air
Quality Standards.’’ Memorandum to EPA Air
Division Directors, Regions I–X, October 14, 2011.
2 Stephen D. Page, Director, Office of Air Quality
Planning and Standards. ‘‘Guidance on
Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1)
and 110(a)(2).’’ Memorandum to EPA Air Division
Directors, Regions 1–10, September 13, 2013.
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these guidance documents, to the extent
an existing SIP already meets the CAA
section 110(a)(2) requirements, states
may certify that fact via a letter to the
EPA.
On July 9, 2012, the Alaska
Department of Environmental
Conservation (ADEC) submitted to the
EPA a certification that Alaska’s SIP
meets the infrastructure requirements
for the 2008 Pb NAAQS and a number
of other NAAQS.3 We note that this
action only addresses infrastructure
requirements for the 2008 Pb NAAQS
and does not address certain interstate
transport requirements for the 2008 Pb
NAAQS which we previously approved
on August 4, 2014 (79 FR 45103).
II. Infrastructure Elements
CAA section 110(a)(1) provides the
procedural and timing requirements for
SIP submissions after a new or revised
NAAQS is promulgated. CAA section
110(a)(2) lists specific elements that
states must meet for infrastructure SIP
requirements related to a newly
established or revised NAAQS. These
requirements include elements such as
modeling, monitoring, and emission
limits that are designed to implement,
maintain and enforce the NAAQS. The
requirements, with their corresponding
CAA subsection, are listed below:
• 110(a)(2)(A): Emission limits and
other control measures.
• 110(a)(2)(B): Ambient air quality
monitoring/data system.
• 110(a)(2)(C): Program for
enforcement of control measures.
• 110(a)(2)(D): Interstate transport.
• 110(a)(2)(E): Adequate resources.
• 110(a)(2)(F): Stationary source
monitoring system.
• 110(a)(2)(G): Emergency power.
• 110(a)(2)(H): Future SIP revisions.
• 110(a)(2)(I): Areas designated
nonattainment and applicable
requirements of part D.
• 110(a)(2)(J): Consultation with
government officials; public
notification; and Prevention of
Significant Deterioration (PSD) and
visibility protection.
• 110(a)(2)(K): Air quality modeling/
data.
• 110(a)(2)(L): Permitting fees.
• 110(a)(2)(M): Consultation/
participation by affected local entities.
The EPA’s guidance document
clarified that two elements identified in
CAA section 110(a)(2) are not governed
3 The July 9, 2012, submission also addressed
infrastructure requirements for the 1997 and 2006
PM2.5 and 1997 and 2008 ozone NAAQS—which we
approved in a series of actions on October 15, 2008
(73 FR 60955), October 22, 2012 (77 FR 64425),
August 4, 2014 (79 FR 45103), and November 10,
2014 (79 FR 66651).
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by the three-year submission deadline of
CAA section 110(a)(1) because SIPs
incorporating necessary local
nonattainment area controls are not due
within three years after promulgation of
a new or revised NAAQS, but rather, are
due at the time the nonattainment area
plan requirements are due pursuant to
CAA section 172 and the various
pollutant specific subparts 2–5 of part
D. These requirements are: (i)
Submissions required by CAA section
110(a)(2)(C) to the extent that subsection
refers to a permit program as required in
part D, title I of the CAA, and (ii)
submissions required by CAA section
110(a)(2)(I) which pertain to the
nonattainment planning requirements of
part D, title I of the CAA. As a result,
this action does not address
infrastructure elements related to CAA
section 110(a)(2)(C) with respect to
nonattainment new source review (NSR)
nor CAA section 110(a)(2)(I).
Furthermore, the EPA interprets the
CAA section 110(a)(2)(J) provision on
visibility as not being triggered by a new
NAAQS because the visibility
requirements in part C, title I of the
CAA are not changed by a new NAAQS.
III. EPA Approach To Review of
Infrastructure Submissions
The EPA is taking action on the July
9, 2012 infrastructure submission from
Alaska for purposes of the 2008 Pb
NAAQS. We previously approved the
same submission as meeting
infrastructure requirements for fine
particulate matter and ozone standards
(November 10, 2014, 79 FR 66651). In
the preamble of our action, we
published a discussion of the EPA’s
approach to review of these
submissions. Please see our July 16,
2014 proposed rule for the detailed
discussion (79 FR 41496, at page 41498).
IV. EPA Evaluation
110(a)(2)(A): Emission Limits and Other
Control Measures
CAA section 110(a)(2)(A) requires
SIPs to include enforceable emission
limits and other control measures,
means or techniques (including
economic incentives such as fees,
marketable permits, and auctions of
emissions rights), as well as schedules
and timetables for compliance, as may
be necessary or appropriate to meet the
applicable requirements of the CAA.
State submission: The submission
cites laws set forth at Alaska Statutes
(AS) Chapters 46.03 Environmental
Conservation and 46.14 Air Quality
Control, and regulations set forth at 18
AAC 50 Alaska Administrative Code
Title 18 Environmental Conservation,
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Chapter 50 Air Quality Control (18 AAC
50). Relevant regulations are listed
below:
• 18 AAC 50.010: Ambient Air
Quality Standards.
• 18 AAC 50.015: Air Quality
Designations, Classifications, and
Control Regions.
• 18 AAC 50.040: Federal Standards
Adopted by Reference.
• 18 AAC 50.055: Industrial Processes
and Fuel Burning Equipment.
• 18 AAC 50.302: Construction
Permits.
• 18 AAC 50.306: Prevention of
Significant Deterioration Permits.
• 18 AAC 50.345: Construction and
Operating Permits: Standard Permit
Conditions.
• 18 AAC 50.502: Minor Permits for
Air Quality Protection.
• 18 AAC 50.508: Minor Permits
Requested by the Owner or Operator.
• 18 AAC 50.540: Minor Permit
Application.
• 18 AAC 50.542: Minor Permit
Review and Issuance.
EPA analysis: On September 19, 2014,
the EPA approved numerous revisions
to the Alaska SIP, including updates to
18 AAC 50.010 Ambient Air Quality
Standards to reflect revisions to the
NAAQS, including the 2008 Pb NAAQS
(79 FR 56268). Alaska generally
regulates emissions of Pb through its
SIP-approved major and minor new
source review (NSR) permitting
programs. There are no designated
nonattainment areas in Alaska for the
2008 Pb NAAQS. However, the EPA
does not consider SIP requirements
triggered by the nonattainment area
mandates in part D, title I of the CAA
to be governed by the submission
deadline of CAA section 110(a)(1).
Regulations and other control measures
for purposes of attainment planning
under part D, title I of the CAA are due
on a different schedule than
infrastructure SIPs.
Alaska’s major NSR permitting rules
in 18 AAC Chapter 50, Article 3 for
attainment and unclassifiable areas,
generally rely on the federal PSD
program regulations at 40 CFR 51.166
and 40 CFR 52.21, which are
incorporated by reference into the
Alaska SIP, to implement its SIPapproved PSD permitting program. The
EPA most recently approved revisions
to Alaska’s PSD permitting rules on May
19, 2016 (81 FR 31511). The current
Alaska SIP-approved PSD program
incorporates by reference specific
regulations at 40 CFR 52.21 and 40 CFR
51.166 as of December 9, 2013.
Alaska regulates minor stationary
sources of Pb through its federallyapproved minor NSR permitting
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program. Alaska’s minor NSR
permitting rules in 18 AAC Chapter 50,
Article 5 were originally approved into
the SIP on July 5, 1983, and the state has
made updates and revisions to the
program throughout the years. The EPA
most recently approved substantive
revisions to the Alaska minor NSR
program on September 19, 2014 (79 FR
56268), and minor clarifications on May
19, 2014 (81 FR 31511). In addition, we
note that Alaska’s SIP contains rules
that regulate industrial sources of
pollutants, including incinerator
emission standards and emission limits
for specific industrial processes and fuel
burning equipment. Based on the
foregoing, we are proposing to approve
the Alaska SIP as meeting the
requirements of CAA section
110(a)(2)(A) for the 2008 Pb NAAQS.
In this action, we are not proposing to
approve or disapprove any existing
Alaska provisions with respect to excess
emissions during startup, shutdown, or
malfunction (SSM) of operations at a
facility. The EPA believes that a number
of states may have SSM provisions that
are contrary to the CAA and existing
EPA guidance and the EPA is
addressing such state regulations in a
separate action. See ‘‘State
Implementation Plans: Response to
Petition for Rulemaking; Restatement
and Update of EPA’s SSM Policy
Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls to
Amend Provisions Applying to Excess
Emissions During Periods of Startup,
Shutdown and Malfunction: Final
Rule.’’ (June 12, 2015, 80 FR 33840)
(SSM SIP Call). The EPA determined
that certain SIP provisions in 36 states
(applicable in 45 statewide and local
jurisdictions), including Alaska, were
substantially inadequate to meet CAA
requirements, and thus issued a SIP call
for each of those 36 states. The SIP call
also embodies the EPA’s updated SSM
Policy as it applies to SIP provisions
and provides guidance to states for
compliance with CAA requirements for
SIP provisions applicable to excess
emissions during SSM events. Alaska
submitted a SIP revision on January 9,
2017 in response to the SIP Call. We
intend to address the January 9, 2017
submission in a separate action.
In addition, we are not proposing to
approve or disapprove any existing
Alaska rules with respect to director’s
discretion or variance provisions. Some
states may have such provisions that are
contrary to the CAA and existing EPA
guidance and the EPA is addressing
such regulations in a separate action via
the SSM SIP Call (June 12, 2015, 80 FR
33840). We encourage any state having
a director’s discretion or variance
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provision that is contrary to the CAA
and EPA guidance to take steps to
correct the deficiency as soon as
possible.
110(a)(2)(B): Ambient Air Quality
Monitoring/Data System
CAA section 110(a)(2)(B) requires
SIPs to include provisions to provide for
establishment and operation of ambient
air quality monitors, collecting and
analyzing ambient air quality data, and
making these data available to the EPA
upon request.
State submission: The submission
references Alaska statutory and
regulatory authority to conduct ambient
air monitoring investigations. AS
46.03.020 Powers of the department
paragraph (5) provides authority to
undertake studies, inquiries, surveys, or
analyses essential to the
accomplishment of the purposes of
ADEC. AS 46.14.180 Monitoring
provides authority to require sources to
monitor emissions and ambient air
quality to demonstrate compliance with
applicable permit program
requirements. 18 AAC 50.201 Ambient
Air Quality Investigation provides
authority to require a source to do
emissions testing, reduce emissions, and
apply controls to sources.
The submission references ADEC’s
revised Quality Assurance Project Plan
for the State of Alaska Air Monitoring
and Quality Assurance Program as
amended through February 23, 2010.
This document is adopted by reference
into the State Air Quality Control Plan
at 18 AAC 50.030(4). ADEC states that
the manual includes the appropriate,
federally-referenced ambient air quality
monitoring and analysis procedures and
data quality objectives. Validated State
& Local Air Monitoring Stations, and
Special Purpose Monitoring ambient air
quality monitoring data are verified, and
then electronically reported to the EPA
through the Air Quality System on a
quarterly basis.
The submission also references 18
AAC 50.035 Documents, Procedures,
and Methods Adopted by Reference
which include the most current, federal
reference and interpretation methods for
Pb. These methods are used by ADEC in
ambient air quality monitoring program
to determine compliance with the
standards.
EPA analysis: A comprehensive air
quality monitoring plan, intended to
meet the requirements of 40 CFR part 58
was submitted by Alaska on January 18,
1980 and approved by the EPA on April
15, 1981 (40 CFR 52.70). This
monitoring plan has been updated and
revised over time. The EPA most
recently reviewed Alaska’s 2015
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monitoring plan 4 on October 28, 2015.5
Alaska’s 2015 plan references the
source-oriented ambient air monitoring
for Pb that was conducted at the Red
Dog Mine, located in a remote part of
the Northwest Arctic Borough. In 2016,
the state requested a waiver from
source-oriented monitoring
requirements at the mine based on
dispersion modeling, the results of
which demonstrated that the source will
not contribute to a maximum lead
concentration in ambient air in excess of
50 percent of the Pb NAAQS. The EPA
granted the waiver request on August
11, 2016.6
We find that the Alaska Pb monitoring
network meets the requirements of 40
CFR part 58 and we are therefore
proposing to approve the Alaska SIP as
meeting CAA section 110(a)(2)(B) for the
2008 Pb NAAQS. We note that the
waiver must be renewed once every five
years as part of the network assessment
required under 40 CFR 58.10(d). If site
conditions have changed such that the
previous modeling is no longer
appropriate, ADEC must update the
modeling based on current conditions.
See 40 CFR part 58, Appendix D,
Section 4.5(a)(ii).
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110(a)(2)(C): Program for Enforcement
of Control Measures
CAA section 110(a)(2)(C) requires
states to include a program providing
for enforcement of all SIP measures and
the regulation of construction of new or
modified stationary sources, including a
program to meet PSD and
nonattainment NSR requirements.
State submission: The submission
references ADEC’s statutory authority to
regulate stationary sources via an air
permitting program established in AS
46.14 ‘‘Air Quality Control,’’ Article 01
‘‘General Regulations and
Classifications’’ and Article 02
‘‘Emission Control Permit Program.’’
The submission states that ADEC’s PSD/
NSR programs were approved by the
EPA on August 14, 2007 (72 FR 45378).
The submission references the following
regulations:
• 18 AAC 50.045: Prohibitions.
• 18 AAC 50.302: Construction
Permits.
• 18 AAC 50.306: Prevention of
Significant Deterioration Permits.
• 18 AAC 50.345: Construction and
Operating Permits: Standard Permit
Conditions.
4 2015 Alaska Ambient Air Monitoring Network
Plan.
5 2015 Ambient Air Monitoring Network Plan
Approval Letter, October 28, 2015.
6 Red Dog Mine Monitoring Waiver Letter, August
11, 2016.
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• 18 AAC 50.508: Minor Permits
Requested by the Owner or Operator.
• 18 AAC 50.540: Minor Permit:
Application.
• 18 AAC 50.542: Minor Permit
Review and Issuance.
• 18 AAC 50.542(c): Screening
Ambient Air Quality Analysis.
The submission states that a violation
of the prohibitions in the regulations
above, or any permit condition, can
result in civil actions (AS 46.03.760
Civil action for pollution; damages),
administrative penalties (AS 46.03.761
Administrative penalties), or criminal
penalties (AS 46.03.790 Criminal
penalties). In addition, the submission
refers to regulations pertaining to
compliance orders and enforcement
proceedings found at 18 AAC Chapter
95 Administrative Enforcement. AS
46.03.820 Emergency Powers provides
ADEC with emergency order authority
where there is an imminent and present
danger to health or welfare.
EPA analysis: With respect to the
requirement to have a program
providing for enforcement of all SIP
measures, we are proposing to find that
Alaska statute provides ADEC authority
to enforce air quality regulations,
permits, and orders promulgated
pursuant to AS 46.03 and AS 46.14.
ADEC staffs and maintains an
enforcement program to ensure
compliance with SIP requirements.
ADEC has emergency order authority
when there is an imminent or present
danger to health or welfare or potential
for irreversible or irreparable damage to
natural resources or the environment.
Enforcement cases may be referred to
the State Department of Law. Therefore,
we are proposing to approve the Alaska
SIP as meeting the requirements of CAA
section 110(a)(2)(C) related to
enforcement for the 2008 Pb NAAQS.
To generally meet the requirements of
CAA section 110(a)(2)(C) with respect to
the regulation of construction of new or
modified stationary sources, states are
required to have PSD, nonattainment
NSR, and minor NSR permitting
programs adequate to implement the
2008 Pb NAAQS. As explained above,
we are not evaluating nonattainment
related provisions, such as the
nonattainment NSR program required
by part D, title I of the CAA.
Alaska’s major NSR permitting rules
in 18 AAC Chapter 50, Article 3 for
attainment and unclassifiable areas,
generally relies on the federal PSD
program regulations at 40 CFR 51.166
and 40 CFR 52.21, which are
incorporated by reference into the
Alaska SIP, to implement its SIPapproved PSD permitting program. The
EPA most recently approved revisions
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to Alaska’s PSD permitting program on
May 19, 2016 (81 FR 31511). The
current Alaska SIP-approved PSD
permitting program incorporates by
reference specific regulations at 40 CFR
52.21 and 40 CFR 51.166 as of December
9, 2013. We are proposing to approve
the Alaska SIP as meeting the
requirements of CAA section
110(a)(2)(C) with respect to PSD for the
2008 Pb NAAQS.
With respect to CAA section
110(a)(2)(C) and (J), the EPA interprets
the CAA to require each state to make
an infrastructure SIP submission for a
new or revised NAAQS that
demonstrates the state has a complete
PSD permitting program meeting the
current requirements for all regulated
NSR pollutants. The requirements of
CAA section 110(a)(2)(D)(i)(II) may also
be satisfied by demonstrating the state
has a complete PSD permitting program
correctly addressing all regulated NSR
pollutants. Alaska has shown that it
currently has a PSD program in place
that covers all regulated NSR pollutants,
including greenhouse gas (GHG)
emissions. We are proposing to approve
the Alaska SIP as meeting the
requirements of CAA section
110(a)(2)(C), (D)(i)(II) and (J) with
respect to PSD.
We note that on January 4, 2013, the
U.S. Court of Appeals in the District of
Columbia, in Natural Resources Defense
Council v. EPA, 706 F.3d 428 (D.C. Cir.),
issued a judgment that remanded two of
the EPA’s rules implementing the 1997
PM2.5 NAAQS, including the
‘‘Implementation of New Source Review
(NSR) Program for Particulate Matter
Less Than 2.5 Micrometers (PM2.5),’’
(May 16, 2008, 73 FR 28321) (2008
PM2.5 NSR Implementation Rule). The
court ordered the EPA to ‘‘repromulgate
these rules pursuant to Subpart 4
consistent with this opinion.’’ Id. at 437.
Subpart 4 of part D, title I of the CAA
establishes additional provisions for
particulate matter nonattainment areas.
The 2008 PM2.5 NSR Implementation
Rule addressed by the court’s decision
promulgated NSR requirements for
implementation of PM2.5 in both
nonattainment areas (nonattainment
NSR) and attainment/unclassifiable
areas (PSD). As the requirements of
subpart 4 only pertain to nonattainment
areas, the EPA does not consider the
portions of the 2008 PM2.5 NSR
Implementation Rule that address
requirements for PM2.5 attainment and
unclassifiable areas to be affected by the
court’s opinion. Moreover, the EPA does
not anticipate the need to revise any
PSD requirements promulgated in the
2008 PM2.5 NSR Implementation Rule in
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order to comply with the court’s
decision.
To address the court’s remand, the
EPA promulgated a final rule for the
‘‘Fine Particulate Matter National
Ambient Air Quality Standards: State
Implementation Plan Requirements’’ on
August 24, 2016 (81 FR 58011). This
rule sets requirements for major
stationary sources in PM2.5
nonattainment areas. The EPA interprets
the CAA section 110(a)(1) and (2)
infrastructure submissions due three
years after adoption or revision of a
NAAQS to exclude nonattainment area
requirements, including requirements
associated with a nonattainment NSR
program. Instead, these elements are
typically referred to as nonattainment
SIP or attainment plan elements, which
are due by the dates statutorily
prescribed under subparts 2 through 5
under part D, extending as far as ten
years following designations for some
elements. Accordingly, our proposed
approval of elements 110(a)(2)(C),
(D)(i)(II), and (J), with respect to the PSD
requirements, does not conflict with the
court’s opinion.
In addition, on January 22, 2013, the
U.S. Court of Appeals for the District of
Columbia, in Sierra Club v. EPA, 703
F.3d 458 (D.C. Cir. 2013), issued a
judgment that, among other things,
vacated the provisions adding the PM2.5
Significant Monitoring Concentration
(SMC) to the federal regulations, at 40
CFR 51.166(i)(5)(i)(c) and
52.21(i)(5)(i)(c), that were promulgated
as part of the ‘‘Prevention of Significant
Deterioration (PSD) for Particulate
Matter Less than 2.5 Micrometers
(PM2.5)—Increments, Significant Impact
Levels (SILs) and Significant Monitoring
Concentration (SMC); Final Rule,’’
(October 10, 2010, 75 FR 64864) (2010
PSD PM2.5 Implementation Rule). In its
decision, the court held that the EPA
did not have the authority to use SMCs
to exempt permit applicants from the
statutory requirement in section
165(e)(2) of the CAA that ambient
monitoring data for PM2.5 be included in
all PSD permit applications. Thus,
although the PM2.5 SMC was not a
required element of a state’s PSD
program, were a state PSD program that
contains such a provision to use that
provision to issue new permits without
requiring ambient PM2.5 monitoring
data, such application of the vacated
SMC would be inconsistent with the
court’s opinion and the requirements of
section 165(e)(2) of the CAA.
This decision also, at the EPA’s
request, vacated and remanded to the
EPA for further consideration the
portions of the 2010 PSD PM2.5
Implementation Rule that revised 40
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CFR 51.166 and 40 CFR 52.21 related to
Significant Impact Levels (SILs) for
PM2.5. The EPA requested this vacatur
and remand of two of the three
provisions in the EPA regulations that
contain SILs for PM2.5, because the
wording of these two SIL provisions (40
CFR 51.166(k)(2) and 40 CFR
52.21(k)(2)) is inconsistent with the
explanation of when and how SILs
should be used by permitting authorities
that we provided in the preamble to the
Federal Register publication when we
promulgated these provisions. The third
SIL provision (40 CFR 51.165(b)(2)) was
not vacated and remains in effect. The
court’s decision does not affect the PSD
increments for PM2.5 promulgated as
part of the 2010 PSD PM2.5
Implementation Rule.
The EPA amended its regulations to
remove the vacated PM2.5 SILs and SMC
provisions from PSD regulations on
December 9, 2013 (78 FR 73698). On
May 19, 2016, we approved revisions to
the Alaska SIP as being consistent with
the court decision and revised EPA
regulations (81 FR 31511).
The EPA has also promulgated
revisions to federal PSD requirements
for greenhouse gas (GHG) emissions, in
response to a court remand and vacatur.
Specifically, on June 23, 2014, the
United States Supreme Court, in Utility
Air Regulatory Group (UARG) v. EPA,7
issued a decision that said the EPA may
not treat GHGs as air pollutants for
purposes of determining whether a
source is a major source (or
modification thereof) required to obtain
a PSD permit. The Court also said the
EPA could continue to require that PSD
permits otherwise required based on
emissions of pollutants other than GHGs
contain limits on GHG emissions based
on the application of Best Available
Control Technology (BACT).
In response to the UARG decision,
and the subsequent Amended Judgment
issued by the D.C. Circuit (Amended
Judgment),8 the EPA revised the federal
PSD rules to allow for the rescission of
PSD permits that are no longer required
under these decisions, (May 7, 2015, 80
FR 26183), and to remove the regulatory
provisions that were specifically
vacated by the Amended Judgment,
(August 19, 2015, 80 FR 50199)
(removing 40 CFR 51.166(b)(48)(v),
52.21(b)(49)(v), 52.22, 70.12, and 71.13).
In addition, the EPA proposed to revise
provisions in the PSD permitting
regulations applicable to GHGs to fully
conform with UARG and the Amended
7 134
S.Ct. 2427 (2014).
for Responsible Regulation v. EPA,
Nos. 09–1322, 10–073, 10–1092, and 10–1167
(April 15, 2015).
8 Coalition
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Judgment, but those revisions have not
been finalized (Oct. 3, 2016, 81 FR
68110).
The EPA anticipates that many states
will revise their existing SIP-approved
PSD programs in light of the Supreme
Court’s decision and the EPA’s changes
to federal PSD rules in response to the
decision. At this juncture, the EPA is
not expecting states to have revised
their PSD programs for purposes of
infrastructure SIP submissions and is
only evaluating such submissions to
assure that the state’s program correctly
addresses GHGs consistent with the
Supreme Court’s decision.
At present, the EPA has determined
the Alaska SIP is sufficient to satisfy
CAA section 110(a)(2)(C), (D)(i)(II) and
(J) with respect to GHGs because the
PSD permitting program previouslyapproved by the EPA into the SIP
continues to require that PSD permits
(otherwise required based on emissions
of pollutants other than GHGs) contain
limitations on GHG emissions based on
the application of BACT. Although the
approved Alaska PSD permitting
program may currently contain
provisions that are no longer necessary
in light of the Supreme Court decision,
this does not render the infrastructure
SIP submission inadequate to satisfy
CAA section 110(a)(2)(C), (D)(i)(II) and
(J) for purposes of the 2008 Pb NAAQS.
The SIP contains the necessary PSD
requirements at this time, and the
application of those requirements is not
impeded by the presence of other
previously-approved provisions
regarding the permitting of sources of
GHGs that the EPA does not consider
necessary at this time in light of the
Supreme Court decision. Accordingly,
the Supreme Court decision does not
affect our proposed approval of the
Alaska SIP as meeting the requirements
of CAA section 110(a)(2)(C), (D)(i)(II)
and (J) as those elements relate to a
comprehensive PSD program. In this
action we are proposing to approve the
Alaska SIP as meeting the requirements
of CAA section 110(a)(2)(C), (D)(i)(II)
and (J) as those elements relate to a
comprehensive PSD program.
Turning to the minor NSR
requirement, Alaska regulates minor
stationary sources of Pb through its
federally-approved minor NSR
permitting program. Alaska’s program
was originally approved into the SIP on
July 5, 1983, and the state has made
updates and revisions to the program
throughout the years. The EPA most
recently approved substantive revisions
to the Alaska minor NSR program on
September 19, 2014 (79 FR 56268).
Based on the foregoing, we are
proposing to approve the Alaska SIP as
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meeting the requirements of CAA
section 110(a)(2)(C) for the 2008 Pb
NAAQS.
110(a)(2)(D): Interstate Transport
CAA section 110(a)(2)(D)(i) requires
state SIPs to include provisions
prohibiting any source or other type of
emissions activity in one state from
contributing significantly to
nonattainment, or interfering with
maintenance of the NAAQS in another
state (CAA section 110(a)(2)(D)(i)(I)).
Further, this section requires state SIPs
to include provisions prohibiting any
source or other type of emissions
activity in one state from interfering
with measures required to prevent
significant deterioration (PSD) of air
quality, or from interfering with
measures required to protect visibility
(i.e. measures to address regional haze)
in any state (CAA section
110(a)(2)(D)(i)(II)). As noted above, this
action also does not address the
requirements of CAA section
110(a)(2)(D)(i)(I) for the 2008 Pb NAAQS
which we previously approved on
August 4, 2014 (79 FR 45103).
State submission: For purposes of
CAA section 110(a)(2)(D)(i)(II), the
submission references the Alaska SIPapproved PSD program and the Alaska
Regional Haze Plan.
EPA analysis: CAA section
110(a)(2)(D)(i)(II) requires state SIPs to
contain adequate provisions prohibiting
emissions which will interfere with any
other state’s required measures to
prevent significant deterioration (PSD)
of its air quality (prong 3), and adequate
provisions prohibiting emissions which
will interfere with any other state’s
required measures to protect visibility
(prong 4).
To address whether emissions from
sources in Alaska interfere with any
other state’s required measures to
prevent significant deterioration of air
quality, the submission references the
Alaska federally-approved PSD
program. The EPA most recently
approved revisions to Alaska’s PSD
program on May 19, 2016 (81 FR 31511).
The Alaska SIP incorporates by
reference federal PSD requirements as of
December 9, 2013. We believe that our
proposed approval of element
110(a)(2)(D)(i)(II) is not affected by
recent court vacaturs of federal PSD
implementing regulations. Please see
our discussion at section 110(a)(2)(C).
Therefore, we are proposing to approve
the Alaska SIP as meeting the
requirements of CAA section
110(a)(2)(D)(i)(II) with respect to PSD
(prong 3) for the 2008 Pb NAAQS.
To address whether emissions from
sources in Alaska interfere with any
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other state’s required measures to
protect visibility, the submission
references the Alaska Regional Haze
SIP, which was submitted to the EPA on
March 29, 2011. The Alaska Regional
Haze SIP addresses visibility impacts
across states within the region. On
February 14, 2013, the EPA approved
the Alaska Regional Haze SIP, including
the requirements for best available
retrofit technology (78 FR 10546).
The EPA believes, as noted in the
2013 Guidance, that with respect to the
CAA section 110(a)(2)(D)(i)(II) visibility
sub-element, where a state’s regional
haze SIP has been approved as meeting
all current obligations, a state may rely
upon those provisions in support of its
demonstration that it satisfies the
requirements of CAA section
110(a)(2)(D)(i)(II) as it relates to
visibility. Because the Alaska Regional
Haze SIP was found to meet federal
requirements, we are proposing to
approve the Alaska SIP as meeting the
requirements of CAA section
110(a)(2)(D)(i)(II) as it applies to
visibility for the 2008 Pb NAAQS (prong
4).
Interstate and International Transport
Provisions
CAA section 110(a)(2)(D)(ii) requires
SIPs to include provisions insuring
compliance with the applicable
requirements of CAA sections 126 and
115 (relating to interstate and
international pollution abatement).
Specifically, CAA section 126(a)
requires new or modified major sources
to notify neighboring states of potential
impacts from the source.
State submission: The submission
references Alaska’s federally-approved
PSD program. The submission also
references SIP revisions submitted by
ADEC to update the Alaska PSD
program.
EPA analysis: Alaska’s major NSR
permitting rules in 18 AAC Chapter 50,
Article 3 for attainment and
unclassifiable areas, generally rely on
the federal PSD program regulations at
40 CFR 51.166 and 40 CFR 52.21, which
are incorporated by reference into the
Alaska SIP, to implement its SIPapproved PSD permitting program. As
noted above, the EPA most recently
approved revisions to Alaska’s PSD
permitting program on May 19, 2016 (81
FR 31511). The current Alaska SIPapproved PSD permitting program
incorporates by reference specific
regulations at 40 CFR 52.21 and 40 CFR
51.166 as of December 9, 2013. At 18
AAC 50.306(b), Alaska’s federallyapproved SIP incorporates by reference
the general provisions of 40 CFR
51.166(q)(2) to describe the public
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participation procedures for PSD
permits, including requiring notice to
states whose lands may be affected by
the emissions of sources subject to PSD.
As a result, Alaska’s PSD regulations
provide for notice consistent with the
requirements of the EPA PSD program.
Alaska also has no pending obligations
under section 115 or 126(b) of the CAA.
Therefore, we are proposing to approve
the Alaska SIP as meeting the
requirements of CAA section
110(a)(2)(D)(ii) for the 2008 Pb NAAQS.
110(a)(2)(E): Adequate Resources
CAA section 110(a)(2)(E) requires
each state to provide (i) necessary
assurances that the state will have
adequate personnel, funding, and
authority under state law to carry out
the SIP (and is not prohibited by any
provision of federal or state law from
carrying out the SIP or portion thereof),
(ii) requirements that the state comply
with the requirements respecting state
boards under CAA section 128 and (iii)
necessary assurances that, where the
state has relied on a local or regional
government, agency, or instrumentality
for the implementation of any SIP
provision, the state has responsibility
for ensuring adequate implementation
of such SIP provision.
State submission: The submission
states that ADEC maintains adequate
personnel, funding, and authority to
implement the SIP. The submission
refers to AS 46.14.030 State Air Quality
Control Plan which provides ADEC
statutory authority to act for the state
and adopt regulations necessary to
implement the state air plan. The
submission also references 18 AAC
50.030 State Air Quality Control Plan
which provides regulatory authority to
implement and enforce the SIP.
With respect to CAA section
110(a)(2)(E)(ii), the submission states
that Alaska’s regulations on conflict of
interest are found in Title 2—
Administration, Chapter 50 Alaska
Public Offices Commission: Conflict of
Interest, Campaign Disclosure,
Legislative Financial Disclosure, and
Regulations of Lobbying (2 AAC
50.010—2 AAC 50.920). Regulations
concerning financial disclosure are
found in Title 2, Chapter 50, Article 1—
Public Official Financial Disclosure.
There are no state air quality boards in
Alaska. The ADEC commissioner,
however, as an appointed official and
the head of an executive agency, is
required to file a financial disclosure
statement annually by March 15th of
each year with the Alaska Public Offices
Commission (APOC). These disclosures
are publically available through APOC’s
Anchorage office. Alaska’s Public
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Officials Financial Disclosure Forms
and links to Alaska’s financial
disclosure regulations can be found at
the APOC Web site: https://
doa.alaska.gov/apoc/.
With respect to CAA section
110(a)(2)(E)(iii) and assurances that the
state has responsibility for adequate
implementation of the plan where the
state has relied on local or regional
government agencies, the submission
states that ADEC ensures local programs
have adequate resources and documents
this in the appropriate SIP section.
Statutory authority for establishing local
air pollution control programs is found
at AS 46.14.400 Local air quality control
programs.
The submission also states that ADEC
provides technical assistance and
regulatory oversight to the Municipality
of Anchorage (MOA), Fairbanks North
Star Borough (FNSB) and other local
jurisdictions to ensure that the State Air
Quality Control Plan and SIP objectives
are satisfactorily carried out. ADEC has
a Memorandum of Understanding with
the MOA and FNSB that allows them to
operate air quality control programs in
their respective jurisdictions. The South
Central Clean Air Authority has been
established to aid the MOA and the
Matanuska-Susitna Borough in pursuing
joint efforts to control emissions and
improve air quality in the air-shed
common to the two jurisdictions. In
addition, ADEC indicates the
department works closely with local
agencies on nonattainment plans.
EPA analysis: We are proposing to
find that the Alaska SIP meets the
adequate personnel, funding and
authority requirements of CAA section
110(a)(2)(E)(i). Alaska receives sections
103 and 105 grant funds from the EPA
and provides state matching funds
necessary to carry out SIP requirements.
For purposes of CAA section
110(a)(2)(E)(ii), we previously approved
Alaska’s conflict of interest disclosure
and ethics regulations as meeting the
requirements of CAA section 128 on
October 22, 2012 (77 FR 64427). Finally,
the EPA is proposing to find that Alaska
has provided necessary assurances that,
where the state has relied on a local or
regional government, agency, or
instrumentality for the implementation
of any SIP provision, the state has
responsibility for ensuring adequate
implementation of the SIP with regards
to the 2008 Pb NAAQS as required by
CAA section 110(a)(2)(E)(iii). Therefore,
we are proposing to approve the Alaska
SIP as meeting the requirements of CAA
section 110(a)(2)(E) for the 2008 Pb
NAAQS.
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110(a)(2)(F): Stationary Source
Monitoring System
CAA section 110(a)(2)(F) requires (i)
the installation, maintenance, and
replacement of equipment, and the
implementation of other necessary
steps, by owners or operators of
stationary sources to monitor emissions
from such sources, (ii) periodic reports
on the nature and amounts of emissions
and emissions-related data from such
sources, and (iii) correlation of such
reports by the state agency with any
emission limitations or standards
established pursuant to the CAA, which
reports shall be available at reasonable
times for public inspection.
State submission: The submission
states that ADEC has general statutory
authority to regulate stationary sources
via an air permitting program which
includes permit reporting requirements,
completeness determinations,
administrative actions, and stack source
monitoring requirements. The
submission states ADEC has regulatory
authority to determine compliance with
these statutes via information requests
and ambient air quality investigations.
ADEC has adopted by reference the
federal reference and interpretation
methods for Pb into the Alaska SIP. The
submission also references the SIPapproved Alaska PSD program. Ambient
air quality and meteorological data that
are collected for PSD purposes by
stationary sources are reported to ADEC
on a quarterly and annual basis.
The submission refers to the following
statutory and regulatory provisions
providing authority and requirements
for source emissions monitoring,
reporting, and correlation with emission
limits or standards:
• AS 46.14.140: Emission control
permit program regulations.
• AS 46.14.180: Monitoring.
• 18 AAC 50.035: Documents,
Procedures, and Methods Adopted by
Reference.
• 18 AAC 50.040: Federal Standards
Adopted by Reference.
• 18 AAC 50.200: Information
Requests.
• 18 AAC 50.201: Ambient Air
Quality Investigation.
• 18 AAC 50.220: Enforceable test
methods.
• 18 AAC 50.306: Prevention of
Significant Deterioration Permits.
• 18 AAC 50.345: Construction and
Operating Permits: Standard Permit
Conditions.
EPA analysis: The Alaska SIP
establishes compliance requirements for
sources subject to major and minor
source permitting to monitor emissions,
keep and report records, and collect
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ambient air monitoring data. 18 AAC
50.200 Information Requests provides
ADEC authority to issue an information
request to an owner, operator, or
permittee for purposes of ascertaining
compliance. 18 AAC 50.201 Ambient
Air Quality Investigations provides
authority to require an owner, operator,
or permittee to evaluate the effect
emissions from the source have on
ambient air quality. In addition, 18 AAC
50.306 Prevention of Significant
Deterioration Permits and 18 AAC
50.544 Minor Permits: Content provide
for establishing permit conditions to
require the permittee to install, use and
maintain monitoring equipment, sample
emissions, provide source test reports,
monitoring data, emissions data, and
information from analysis, keep records
and make period reports on process
operations and emissions. This
information is made available to the
public through public processes
outlined in these SIP-approved rules.
Additionally, states are required to
submit emissions data to the EPA for
purposes of the National Emissions
Inventory (NEI). The NEI is the EPA’s
central repository for air emissions data.
The EPA published the Air Emissions
Reporting Rule (AERR) on December 5,
2008, which modified the requirements
for collecting and reporting air
emissions data (73 FR 76539). The
AERR shortened the time states had to
report emissions data from 17 to 12
months, giving states one calendar year
to submit emissions data. All states are
required to submit a comprehensive
emissions inventory every three years
and report emissions for certain larger
sources annually through the EPA’s
online Emissions Inventory System.
States report emissions data for the six
criteria pollutants and their associated
precursors—nitrogen oxides, sulfur
dioxide, ammonia, lead, carbon
monoxide, particulate matter, and
volatile organic compounds. Many
states also voluntarily report emissions
of hazardous air pollutants. The EPA
compiles the emissions data,
supplementing it where necessary, and
releases it to the general public through
the Web site https://www.epa.gov/airemissions-inventories. Based on the
above analysis, we are proposing to
approve the Alaska SIP as meeting the
requirements of CAA section
110(a)(2)(F) for the 2008 Pb NAAQS.
110(a)(2)(G): Emergency Episodes
CAA section 110(a)(2)(G) requires
states to provide for authority to address
activities causing imminent and
substantial endangerment to public
health, including contingency plans to
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implement the emergency episode
provisions in their SIPs.
State submission: The submission
cites AS 46.03.820 Emergency powers
which provides ADEC with emergency
order authority where there is an
imminent or present danger to the
health or welfare of the people of the
state or would result in or be likely to
result in irreversible or irreparable
damage to the natural resources or
environment. The submission also refers
to 18 AAC 50.245 Air Episodes and
Advisories which authorizes ADEC to
declare an air alert, air warning, or air
advisory to notify the public and
prescribe and publicize curtailment
action.
EPA analysis: Section 303 of the CAA
provides authority to the EPA
Administrator to restrain any source
from causing or contributing to
emissions which present an ‘‘imminent
and substantial endangerment to public
health or welfare, or the environment.’’
The EPA finds that AS 46.03.820
Emergency Powers provides emergency
order authority comparable to CAA
Section 303.
The EPA’s regulations for emergency
episodes are in 40 CFR part 51 subpart
H. The regulations prescribe the
requirements for emergency episode
plans based on classification of regions
in a state for a subset of the criteria
pollutants. As indicated in our 2011
Guidance, we note that 40 CFR part 51
subpart H does not apply to Pb. Based
on the EPA’s experience to date with the
Pb NAAQS and designating Pb
nonattainment areas, we expect that an
emergency episode associated with Pb
emissions would be unlikely and, if it
were to occur, would be the result of a
malfunction or other emergency
situation at a relatively large source of
Pb. The EPA believes that AS 46.03.820
Emergency Powers provides adequate
authority to address an emergency
situation at a large source of Pb. Based
on the foregoing, we are proposing to
approve the Alaska SIP as meeting the
requirements of CAA section
110(a)(2)(G) for the 2008 Pb NAAQS.
110(a)(2)(H): Future SIP Revisions
CAA section 110(a)(2)(H) requires that
SIPs provide for revision of such plan (i)
from time to time as may be necessary
to take account of revisions of such
national primary or secondary ambient
air quality standard or the availability of
improved or more expeditious methods
of attaining such standard, and (ii),
except as provided in paragraph
110(a)(3)(C), whenever the
Administrator finds on the basis of
information available to the
Administrator that the SIP is
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substantially inadequate to attain the
NAAQS which it implements or to
otherwise comply with any additional
requirements under the CAA.
State submission: The submission
refers to statutory authority to adopt
regulations in order to implement the
CAA and the state air quality control
program at AS 46.03.020(10)(A) Powers
of the Department and AS 46.14.010(a)
Emission Control Regulations. The
submission also refers to regulatory
authority to implement provisions of the
CAA at 18 AAC 50.010 Ambient Air
Quality Standards. The submission
affirms that ADEC regularly updates the
Alaska SIP as new NAAQS are
promulgated by the EPA.
EPA analysis: As cited above, the
Alaska SIP provides for revisions, and
in practice, Alaska regularly submits SIP
revisions to the EPA to take into account
revisions to the NAAQS and other
federal regulatory changes. We have
approved many revisions to the Alaska
SIP, most recently on May 19, 2016 (81
FR 31511), March 18, 2015 (80 FR
14038), September 19, 2014 (79 FR
56268), August 9, 2013 (78 FR 48611),
May 9, 2013 (78 FR 27071) and January
7, 2013 (78 FR 900). Therefore, we are
proposing to approve the Alaska SIP as
meeting the requirements of section
110(a)(2)(H) for the 2008 Pb NAAQS.
110(a)(2)(I): Nonattainment Area Plan
Revision Under Part D
EPA analysis: There are two elements
identified in CAA section 110(a)(2) not
governed by the three-year submission
deadline of CAA section 110(a)(1),
because SIPs incorporating necessary
local nonattainment area controls are
not due within three years after
promulgation of a new or revised
NAAQS, but are rather due at the time
of the nonattainment area plan
requirements pursuant to section 172
and the various pollutant specific
subparts 2—5 of part D. These
requirements are: (i) submissions
required by CAA section 110(a)(2)(C) to
the extent that subsection refers to a
permit program as required in part D,
title I of the CAA, and (ii) submissions
required by CAA section 110(a)(2)(I)
which pertain to the nonattainment
planning requirements of part D, title I
of the CAA. As a result, this action does
not address infrastructure elements
related to CAA section 110(a)(2)(C) with
respect to nonattainment NSR or CAA
section 110(a)(2)(I).
110(a)(2)(J): Consultation With
Government Officials
CAA section 110(a)(2)(J) requires
states to provide a process for
consultation with local governments
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24921
and federal land managers carrying out
NAAQS implementation requirements
pursuant to section 121. CAA section
110(a)(2)(J) further requires states to
notify the public if NAAQS are
exceeded in an area and to enhance
public awareness of measures that can
be taken to prevent exceedances. Lastly,
CAA section 110(a)(2)(J) requires states
to meet applicable requirements of part
C, title I of the CAA related to
prevention of significant deterioration
and visibility protection.
State submission: The submission
refers to statutory authority to consult
and cooperate with officials of local
governments, state and federal agencies,
and non-profit groups found at AS
46.030.020 Powers of the department
paragraphs (3) and (8). The submission
states that municipalities and local air
quality districts seeking approval for a
local air quality control programs shall
enter into a cooperative agreement with
ADEC according to AS 46.14.400 Local
air quality control programs, paragraph
(d). ADEC can adopt new CAA
regulations only after a public hearing,
per AS 46.14.010 Emission control
regulations, paragraph (a). In addition,
the submission states that public notice
and public hearing regulations for SIP
submissions and air quality discharge
permits are found at 18 AAC 15.050 and
18 AAC 15.060. Finally, the submission
also references the SIP-approved Alaska
PSD program and Regional Haze SIP.
EPA analysis: The EPA finds that the
Alaska SIP, including the Alaska rules
for major source permitting, contains
provisions for consulting with
government officials as specified in
CAA section 121. Alaska’s PSD program
provides opportunity and procedures
for public comment and notice to
appropriate federal, state and local
agencies. We most recently approved
revisions to the Alaska PSD program on
May 19, 2016 (81 FR 31511). In
addition, we most recently approved the
Alaska rules that define transportation
conformity consultation on September
8, 2015 (80 FR 53735). On February 14,
2013, we approved the Alaska Regional
Haze SIP (78 FR 10546).
ADEC routinely coordinates with
local governments, states, federal land
managers and other stakeholders on air
quality issues including transportation
conformity and regional haze, and
provides notice to appropriate agencies
related to permitting actions. Alaska
participates in regional planning
processes including the Western
Regional Air Partnership which is a
voluntary partnership of states, tribes,
federal land managers, local air agencies
and the EPA formed to evaluate current
and evolving regional air quality issues
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in the West. Therefore, we are proposing
to approve the Alaska SIP as meeting
the requirements of CAA section
110(a)(2)(J) for consultation with
government officials for the 2008 Pb
NAAQS.
Section 110(a)(2)(J) also requires the
public be notified if NAAQS are
exceeded in an area and to enhance
public awareness of measures that can
be taken to prevent exceedances. ADEC
is a partner in the EPA’s AIRNOW and
Enviroflash Air Quality Alert programs,
which provide air quality information to
the public for five major air pollutants
regulated by the CAA: ground-level
ozone, particulate matter, carbon
monoxide, sulfur dioxide, and nitrogen
dioxide. Alaska also provides real-time
air monitoring information to the public
on the ADEC air quality Web site at
https://dec.alaska.gov/ in addition to air
advisory information. During the
summer months, the Fairbanks North
Star Borough prepares a weekly Air
Quality forecast for the Fairbanks area.
The forecast is found at https://
co.fairbanks.ak.us/airquality/.
While we note that Pb is not part of
the EPA air quality alert programs, the
Alaska SIP provides general authority at
18 AAC 50.245 Air Episodes and
Advisories for notifying the public when
air quality is degrading. We are
therefore proposing to approve the
Alaska SIP as meeting the requirements
of CAA section 110(a)(2)(J) for public
notification for the 2008 Pb NAAQS.
Turning to the requirement in CAA
section 110(a)(2)(J) that the SIP meet the
applicable requirements of part C of title
I of the CAA, we have evaluated this
requirement in the context of CAA
section 110(a)(2)(C) with respect to
permitting. The EPA most recently
approved revisions to Alaska’s PSD
program on May 19, 2016 (81 FR 31511).
We are proposing to approve the Alaska
SIP as meeting the requirements of CAA
section 110(a)(2)(J) for PSD for the 2008
Pb NAAQS. We note that our proposed
approval of element 110(a)(2)(J) with
respect to PSD is not affected by recent
court vacaturs of the EPA’s PSD
implementing regulations. Please see
our discussion regarding section
110(a)(2)(C).
With respect to the applicable
requirements for visibility protection,
the EPA recognizes that states are
subject to visibility and regional haze
program requirements under part C of
the CAA. In the event of the
establishment of a new NAAQS,
however, the visibility and regional
haze program requirements under part C
do not change. Thus we find that there
is no new applicable requirement
related to visibility triggered under CAA
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14:38 May 30, 2017
Jkt 241001
section 110(a)(2)(J) when a new NAAQS
becomes effective. Based on the analysis
above, we are proposing to approve the
Alaska SIP as meeting the requirements
of CAA section 110(a)(2)(J) for the 2008
Pb NAAQS.
110(a)(2)(K): Air Quality and Modeling/
Data
CAA section 110(a)(2)(K) requires that
SIPs provide for (i) the performance of
such air quality modeling as the
Administrator may prescribe for the
purpose of predicting the effect on
ambient air quality of any emissions of
any air pollutant for which the
Administrator has established a national
ambient air quality standard, and (ii) the
submission, upon request, of data
related to such air quality modeling to
the Administrator.
State submission: The submission
states that air quality modeling is
regulated under 18 AAC 50.215(b)
Ambient Air Quality Analysis Methods.
Estimates of ambient concentrations and
visibility impairment must be based on
applicable air quality models, databases,
and other requirements specified in the
EPA’s Guideline on Air Quality Models
are adopted by reference in 18 AAC
50.040 Federal Standards Adopted by
Reference. Baseline dates and maximum
allowable increases are found in Table
2 and Table 3, respectively, at 18 AAC
50.020 Baseline Dates and Maximum
Allowable Increases.
EPA analysis: On May 19, 2016, we
approved revisions to 18 AAC 50.215
Ambient Air Quality Analysis Methods
and 18 AAC 50.040 Federal Standards
Adopted by Reference (81 FR 31511). 18
AAC 50.040, at paragraph (f),
incorporates by reference the EPA
regulations at 40 CFR part 51, Appendix
W Guidelines on Air Quality Models
revised as of July 1, 2013. In addition,
as an example of Alaska’s modeling
capacity, Alaska submitted the
Fairbanks Carbon Monoxide
Maintenance Plan to the EPA on June
21, 2004, supported by air quality
modeling. The maintenance plan and
supporting modeling was approved by
the EPA as a SIP revision on July 27,
2004 (69 FR 44605). Therefore, we are
proposing to approve the Alaska SIP as
meeting the requirements of CAA
section 110(a)(2)(K) for the 2008 Pb
NAAQS.
110(a)(2)(L): Permitting Fees
CAA section 110(a)(2)(L) requires SIPs
to require each major stationary source
to pay permitting fees to cover the cost
of reviewing, approving, implementing
and enforcing a permit.
State submission: The submission
states that ADEC’s statutory authority to
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Fmt 4702
Sfmt 4702
assess and collect permit fees is
established in AS 46.14.240 Permit
Administration Fees and AS 46.14.250
Emission Fees. The permit fees for
stationary sources are assessed and
collected by the Air Permits Program
according to 18 AAC 50, Article 4.
ADEC is required to evaluate emission
fee rates at least every four years and
provide a written evaluation of the
findings (AS 46.14.250(g); 18 AAC
50.410).
EPA analysis: The EPA fully approved
Alaska’s title V program on July 26,
2001 (66 FR 38940) with an effective
data of September 24, 2001. While
Alaska’s operating permit program is
not formally approved into the SIP, it is
a legal mechanism the state can use to
ensure that ADEC has sufficient
resources to support the air program,
consistent with the requirements of the
SIP. Before the EPA can grant full
approval, a state must demonstrate the
ability to collect adequate fees. The
Alaska title V program included a
demonstration the state will collect a fee
from title V sources above the
presumptive minimum in accordance
with 40 CFR 70.9(b)(2)(i).
In addition, Alaska’s SIP requires fees
for purposes of new source permitting.
See 18 AAC 50.306(d)(2), 18 AAC
50.311(d)(2), 18 AAC 50.544(a)(2), and
18 AAC 50.400. Therefore, we are
proposing to conclude that Alaska has
satisfied the requirements of CAA
section 110(a)(2)(L) for the 2008 Pb
NAAQS.
110(a)(2)(M): Consultation/Participation
by Affected Local Entities
CAA section 110(a)(2)(M) requires
states to provide for consultation and
participation in SIP development by
local political subdivisions affected by
the SIP.
State submission: The submission
states ADEC has authority to consult
and cooperate with officials and
representatives of any organization in
the state; and persons, organization, and
groups, public and private using, served
by, interested in, or concerned with the
environment of the state. The
submission refers to AS 46.030.020
Powers of the department, paragraphs
(3) and (8), which provide authority to
ADEC to consult and cooperate with
affected state and local entities. In
addition, AS 46.14.400 Local air quality
control programs, paragraph (d),
provides authority for local air quality
control programs and requires
cooperative agreements between ADEC
and local air quality control programs
that specify the respective duties,
funding, enforcement responsibilities,
and procedures.
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EPA analysis: The EPA finds that the
Alaska provisions cited above provide
for local and regional authorities to
participate and consult in the SIP
development process. Therefore, we are
proposing to approve the Alaska SIP as
meeting the requirements of CAA
section 110(a)(2)(M) for the 2008 Pb
NAAQS.
nlaroche on DSK30NT082PROD with PROPOSALS
V. Proposed Action
We are proposing to approve the
Alaska SIP as meeting the following
CAA section 110(a)(2) infrastructure
elements for the 2008 Pb NAAQS: (A),
(B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M). This action is being
taken under section 110 of the CAA.
VI. Statutory and Executive Orders
Review
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely approves state law as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
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14:38 May 30, 2017
Jkt 241001
Act of 1995 (15 U.S.C. 272 note) because
it does not involve technical standards;
and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 10, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2017–10938 Filed 5–30–17; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0217; FRL–9962–29–
Region 4]
Air Plan Approval; South Carolina: Air
Emissions Reporting
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
changes to the South Carolina State
Implementation Plan to address
requirements for the reporting of air
emissions of criteria air pollutants and
their precursors. EPA is proposing to
approve a SIP revision submitted on
June 14, 2010, by the State of South
Carolina, through the South Carolina
Department of Health and
Environmental Control, and portions of
subsequent SIP revisions submitted on
August 8, 2014 and November 4, 2016,
which further revise the regulations
concerning the reporting of emissions.
SUMMARY:
Frm 00042
Fmt 4702
This proposed action is being taken
pursuant to the Clean Air Act.
Written comments must be
received on or before June 30, 2017.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2016–0217 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
ADDRESSES:
D.
Brad Akers, Air Regulatory Management
Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mr. Akers
can be reached via telephone at (404)
562–9089 or via electronic mail at
akers.brad@epa.gov.
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 6560–50–P
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24923
Sfmt 4702
In the
Final Rules Section of this Federal
Register, EPA is approving the State’s
SIP revision as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this rule, no
further activity is contemplated. If EPA
receives adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period
on this document. Any parties
interested in commenting on this
document should do so at this time.
SUPPLEMENTARY INFORMATION:
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Agencies
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Proposed Rules]
[Pages 24914-24923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10938]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2017-0040; FRL-9963-13-Region 10]
Air Plan Approval; Alaska: Infrastructure Requirements for the
2008 Lead National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Whenever a new or revised National Ambient Air Quality
Standard (NAAQS) is promulgated, each state must submit a plan for the
implementation, maintenance and enforcement of such standard, commonly
referred to as infrastructure requirements. On July 9, 2012, Alaska
submitted a plan to address the infrastructure requirements for the
lead (Pb) NAAQS promulgated on October 15, 2008. The Environmental
Protection Agency (EPA) is proposing to approve the plan as meeting
Clean Air Act (CAA) requirements.
DATES: Comments must be received on or before June 30, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2017-0040, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to
[[Page 24915]]
make. The EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e. on the web, cloud, or
other file sharing system). For additional submission methods, the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kristin Hall, Air Planning Unit,
Office of Air and Waste (OAW-150), Environmental Protection Agency--
Region 10, 1200 Sixth Ave, Seattle, WA 98101; telephone number: (206)
553-6357; email address: hall.kristin@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
Table of Contents
I. Background
II. Infrastructure Elements
III. EPA Approach To Review of Infrastructure Submissions
IV. EPA Evaluation
V. Proposed Action
VI. Statutory and Executive Orders Review
I. Background
On October 15, 2008, the EPA revised the level of the primary and
secondary Pb standards to 0.15 micrograms per cubic meter ([micro]/
m\3\) (73 FR 66964). The CAA requires that states submit SIPs meeting
the requirements of CAA sections 110(a)(1) and (2) within three years
after promulgation of a new or revised standard. CAA sections 110(a)(1)
and (2) require states to address basic SIP elements, including
emissions inventories, monitoring, and modeling to assure attainment
and maintenance of the standards, so-called infrastructure
requirements. To help states, on October 14, 2011, the EPA issued
guidance to address the infrastructure requirements for the 2008 Pb
NAAQS (2011 Guidance).\1\ In addition, the EPA issued general
infrastructure guidance for multiple NAAQS (2013 Guidance).\2\ As noted
in these guidance documents, to the extent an existing SIP already
meets the CAA section 110(a)(2) requirements, states may certify that
fact via a letter to the EPA.
---------------------------------------------------------------------------
\1\ Stephen D. Page, Director, Office of Air Quality Planning
and Standards. ``Guidance on Infrastructure State Implementation
Plan (SIP) Elements Required Under Sections 110(a)(1) and (2) for
the 2008 Lead (Pb) National Ambient Air Quality Standards.''
Memorandum to EPA Air Division Directors, Regions I-X, October 14,
2011.
\2\ Stephen D. Page, Director, Office of Air Quality Planning
and Standards. ``Guidance on Infrastructure State Implementation
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and
110(a)(2).'' Memorandum to EPA Air Division Directors, Regions 1-10,
September 13, 2013.
---------------------------------------------------------------------------
On July 9, 2012, the Alaska Department of Environmental
Conservation (ADEC) submitted to the EPA a certification that Alaska's
SIP meets the infrastructure requirements for the 2008 Pb NAAQS and a
number of other NAAQS.\3\ We note that this action only addresses
infrastructure requirements for the 2008 Pb NAAQS and does not address
certain interstate transport requirements for the 2008 Pb NAAQS which
we previously approved on August 4, 2014 (79 FR 45103).
---------------------------------------------------------------------------
\3\ The July 9, 2012, submission also addressed infrastructure
requirements for the 1997 and 2006 PM2.5 and 1997 and
2008 ozone NAAQS--which we approved in a series of actions on
October 15, 2008 (73 FR 60955), October 22, 2012 (77 FR 64425),
August 4, 2014 (79 FR 45103), and November 10, 2014 (79 FR 66651).
---------------------------------------------------------------------------
II. Infrastructure Elements
CAA section 110(a)(1) provides the procedural and timing
requirements for SIP submissions after a new or revised NAAQS is
promulgated. CAA section 110(a)(2) lists specific elements that states
must meet for infrastructure SIP requirements related to a newly
established or revised NAAQS. These requirements include elements such
as modeling, monitoring, and emission limits that are designed to
implement, maintain and enforce the NAAQS. The requirements, with their
corresponding CAA subsection, are listed below:
110(a)(2)(A): Emission limits and other control measures.
110(a)(2)(B): Ambient air quality monitoring/data system.
110(a)(2)(C): Program for enforcement of control measures.
110(a)(2)(D): Interstate transport.
110(a)(2)(E): Adequate resources.
110(a)(2)(F): Stationary source monitoring system.
110(a)(2)(G): Emergency power.
110(a)(2)(H): Future SIP revisions.
110(a)(2)(I): Areas designated nonattainment and
applicable requirements of part D.
110(a)(2)(J): Consultation with government officials;
public notification; and Prevention of Significant Deterioration (PSD)
and visibility protection.
110(a)(2)(K): Air quality modeling/data.
110(a)(2)(L): Permitting fees.
110(a)(2)(M): Consultation/participation by affected local
entities.
The EPA's guidance document clarified that two elements identified
in CAA section 110(a)(2) are not governed by the three-year submission
deadline of CAA section 110(a)(1) because SIPs incorporating necessary
local nonattainment area controls are not due within three years after
promulgation of a new or revised NAAQS, but rather, are due at the time
the nonattainment area plan requirements are due pursuant to CAA
section 172 and the various pollutant specific subparts 2-5 of part D.
These requirements are: (i) Submissions required by CAA section
110(a)(2)(C) to the extent that subsection refers to a permit program
as required in part D, title I of the CAA, and (ii) submissions
required by CAA section 110(a)(2)(I) which pertain to the nonattainment
planning requirements of part D, title I of the CAA. As a result, this
action does not address infrastructure elements related to CAA section
110(a)(2)(C) with respect to nonattainment new source review (NSR) nor
CAA section 110(a)(2)(I). Furthermore, the EPA interprets the CAA
section 110(a)(2)(J) provision on visibility as not being triggered by
a new NAAQS because the visibility requirements in part C, title I of
the CAA are not changed by a new NAAQS.
III. EPA Approach To Review of Infrastructure Submissions
The EPA is taking action on the July 9, 2012 infrastructure
submission from Alaska for purposes of the 2008 Pb NAAQS. We previously
approved the same submission as meeting infrastructure requirements for
fine particulate matter and ozone standards (November 10, 2014, 79 FR
66651). In the preamble of our action, we published a discussion of the
EPA's approach to review of these submissions. Please see our July 16,
2014 proposed rule for the detailed discussion (79 FR 41496, at page
41498).
IV. EPA Evaluation
110(a)(2)(A): Emission Limits and Other Control Measures
CAA section 110(a)(2)(A) requires SIPs to include enforceable
emission limits and other control measures, means or techniques
(including economic incentives such as fees, marketable permits, and
auctions of emissions rights), as well as schedules and timetables for
compliance, as may be necessary or appropriate to meet the applicable
requirements of the CAA.
State submission: The submission cites laws set forth at Alaska
Statutes (AS) Chapters 46.03 Environmental Conservation and 46.14 Air
Quality Control, and regulations set forth at 18 AAC 50 Alaska
Administrative Code Title 18 Environmental Conservation,
[[Page 24916]]
Chapter 50 Air Quality Control (18 AAC 50). Relevant regulations are
listed below:
18 AAC 50.010: Ambient Air Quality Standards.
18 AAC 50.015: Air Quality Designations, Classifications,
and Control Regions.
18 AAC 50.040: Federal Standards Adopted by Reference.
18 AAC 50.055: Industrial Processes and Fuel Burning
Equipment.
18 AAC 50.302: Construction Permits.
18 AAC 50.306: Prevention of Significant Deterioration
Permits.
18 AAC 50.345: Construction and Operating Permits:
Standard Permit Conditions.
18 AAC 50.502: Minor Permits for Air Quality Protection.
18 AAC 50.508: Minor Permits Requested by the Owner or
Operator.
18 AAC 50.540: Minor Permit Application.
18 AAC 50.542: Minor Permit Review and Issuance.
EPA analysis: On September 19, 2014, the EPA approved numerous
revisions to the Alaska SIP, including updates to 18 AAC 50.010 Ambient
Air Quality Standards to reflect revisions to the NAAQS, including the
2008 Pb NAAQS (79 FR 56268). Alaska generally regulates emissions of Pb
through its SIP-approved major and minor new source review (NSR)
permitting programs. There are no designated nonattainment areas in
Alaska for the 2008 Pb NAAQS. However, the EPA does not consider SIP
requirements triggered by the nonattainment area mandates in part D,
title I of the CAA to be governed by the submission deadline of CAA
section 110(a)(1). Regulations and other control measures for purposes
of attainment planning under part D, title I of the CAA are due on a
different schedule than infrastructure SIPs.
Alaska's major NSR permitting rules in 18 AAC Chapter 50, Article 3
for attainment and unclassifiable areas, generally rely on the federal
PSD program regulations at 40 CFR 51.166 and 40 CFR 52.21, which are
incorporated by reference into the Alaska SIP, to implement its SIP-
approved PSD permitting program. The EPA most recently approved
revisions to Alaska's PSD permitting rules on May 19, 2016 (81 FR
31511). The current Alaska SIP-approved PSD program incorporates by
reference specific regulations at 40 CFR 52.21 and 40 CFR 51.166 as of
December 9, 2013.
Alaska regulates minor stationary sources of Pb through its
federally-approved minor NSR permitting program. Alaska's minor NSR
permitting rules in 18 AAC Chapter 50, Article 5 were originally
approved into the SIP on July 5, 1983, and the state has made updates
and revisions to the program throughout the years. The EPA most
recently approved substantive revisions to the Alaska minor NSR program
on September 19, 2014 (79 FR 56268), and minor clarifications on May
19, 2014 (81 FR 31511). In addition, we note that Alaska's SIP contains
rules that regulate industrial sources of pollutants, including
incinerator emission standards and emission limits for specific
industrial processes and fuel burning equipment. Based on the
foregoing, we are proposing to approve the Alaska SIP as meeting the
requirements of CAA section 110(a)(2)(A) for the 2008 Pb NAAQS.
In this action, we are not proposing to approve or disapprove any
existing Alaska provisions with respect to excess emissions during
startup, shutdown, or malfunction (SSM) of operations at a facility.
The EPA believes that a number of states may have SSM provisions that
are contrary to the CAA and existing EPA guidance and the EPA is
addressing such state regulations in a separate action. See ``State
Implementation Plans: Response to Petition for Rulemaking; Restatement
and Update of EPA's SSM Policy Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to
Excess Emissions During Periods of Startup, Shutdown and Malfunction:
Final Rule.'' (June 12, 2015, 80 FR 33840) (SSM SIP Call). The EPA
determined that certain SIP provisions in 36 states (applicable in 45
statewide and local jurisdictions), including Alaska, were
substantially inadequate to meet CAA requirements, and thus issued a
SIP call for each of those 36 states. The SIP call also embodies the
EPA's updated SSM Policy as it applies to SIP provisions and provides
guidance to states for compliance with CAA requirements for SIP
provisions applicable to excess emissions during SSM events. Alaska
submitted a SIP revision on January 9, 2017 in response to the SIP
Call. We intend to address the January 9, 2017 submission in a separate
action.
In addition, we are not proposing to approve or disapprove any
existing Alaska rules with respect to director's discretion or variance
provisions. Some states may have such provisions that are contrary to
the CAA and existing EPA guidance and the EPA is addressing such
regulations in a separate action via the SSM SIP Call (June 12, 2015,
80 FR 33840). We encourage any state having a director's discretion or
variance provision that is contrary to the CAA and EPA guidance to take
steps to correct the deficiency as soon as possible.
110(a)(2)(B): Ambient Air Quality Monitoring/Data System
CAA section 110(a)(2)(B) requires SIPs to include provisions to
provide for establishment and operation of ambient air quality
monitors, collecting and analyzing ambient air quality data, and making
these data available to the EPA upon request.
State submission: The submission references Alaska statutory and
regulatory authority to conduct ambient air monitoring investigations.
AS 46.03.020 Powers of the department paragraph (5) provides authority
to undertake studies, inquiries, surveys, or analyses essential to the
accomplishment of the purposes of ADEC. AS 46.14.180 Monitoring
provides authority to require sources to monitor emissions and ambient
air quality to demonstrate compliance with applicable permit program
requirements. 18 AAC 50.201 Ambient Air Quality Investigation provides
authority to require a source to do emissions testing, reduce
emissions, and apply controls to sources.
The submission references ADEC's revised Quality Assurance Project
Plan for the State of Alaska Air Monitoring and Quality Assurance
Program as amended through February 23, 2010. This document is adopted
by reference into the State Air Quality Control Plan at 18 AAC
50.030(4). ADEC states that the manual includes the appropriate,
federally-referenced ambient air quality monitoring and analysis
procedures and data quality objectives. Validated State & Local Air
Monitoring Stations, and Special Purpose Monitoring ambient air quality
monitoring data are verified, and then electronically reported to the
EPA through the Air Quality System on a quarterly basis.
The submission also references 18 AAC 50.035 Documents, Procedures,
and Methods Adopted by Reference which include the most current,
federal reference and interpretation methods for Pb. These methods are
used by ADEC in ambient air quality monitoring program to determine
compliance with the standards.
EPA analysis: A comprehensive air quality monitoring plan, intended
to meet the requirements of 40 CFR part 58 was submitted by Alaska on
January 18, 1980 and approved by the EPA on April 15, 1981 (40 CFR
52.70). This monitoring plan has been updated and revised over time.
The EPA most recently reviewed Alaska's 2015
[[Page 24917]]
monitoring plan \4\ on October 28, 2015.\5\ Alaska's 2015 plan
references the source-oriented ambient air monitoring for Pb that was
conducted at the Red Dog Mine, located in a remote part of the
Northwest Arctic Borough. In 2016, the state requested a waiver from
source-oriented monitoring requirements at the mine based on dispersion
modeling, the results of which demonstrated that the source will not
contribute to a maximum lead concentration in ambient air in excess of
50 percent of the Pb NAAQS. The EPA granted the waiver request on
August 11, 2016.\6\
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\4\ 2015 Alaska Ambient Air Monitoring Network Plan.
\5\ 2015 Ambient Air Monitoring Network Plan Approval Letter,
October 28, 2015.
\6\ Red Dog Mine Monitoring Waiver Letter, August 11, 2016.
---------------------------------------------------------------------------
We find that the Alaska Pb monitoring network meets the
requirements of 40 CFR part 58 and we are therefore proposing to
approve the Alaska SIP as meeting CAA section 110(a)(2)(B) for the 2008
Pb NAAQS. We note that the waiver must be renewed once every five years
as part of the network assessment required under 40 CFR 58.10(d). If
site conditions have changed such that the previous modeling is no
longer appropriate, ADEC must update the modeling based on current
conditions. See 40 CFR part 58, Appendix D, Section 4.5(a)(ii).
110(a)(2)(C): Program for Enforcement of Control Measures
CAA section 110(a)(2)(C) requires states to include a program
providing for enforcement of all SIP measures and the regulation of
construction of new or modified stationary sources, including a program
to meet PSD and nonattainment NSR requirements.
State submission: The submission references ADEC's statutory
authority to regulate stationary sources via an air permitting program
established in AS 46.14 ``Air Quality Control,'' Article 01 ``General
Regulations and Classifications'' and Article 02 ``Emission Control
Permit Program.'' The submission states that ADEC's PSD/NSR programs
were approved by the EPA on August 14, 2007 (72 FR 45378). The
submission references the following regulations:
18 AAC 50.045: Prohibitions.
18 AAC 50.302: Construction Permits.
18 AAC 50.306: Prevention of Significant Deterioration
Permits.
18 AAC 50.345: Construction and Operating Permits:
Standard Permit Conditions.
18 AAC 50.508: Minor Permits Requested by the Owner or
Operator.
18 AAC 50.540: Minor Permit: Application.
18 AAC 50.542: Minor Permit Review and Issuance.
18 AAC 50.542(c): Screening Ambient Air Quality Analysis.
The submission states that a violation of the prohibitions in the
regulations above, or any permit condition, can result in civil actions
(AS 46.03.760 Civil action for pollution; damages), administrative
penalties (AS 46.03.761 Administrative penalties), or criminal
penalties (AS 46.03.790 Criminal penalties). In addition, the
submission refers to regulations pertaining to compliance orders and
enforcement proceedings found at 18 AAC Chapter 95 Administrative
Enforcement. AS 46.03.820 Emergency Powers provides ADEC with emergency
order authority where there is an imminent and present danger to health
or welfare.
EPA analysis: With respect to the requirement to have a program
providing for enforcement of all SIP measures, we are proposing to find
that Alaska statute provides ADEC authority to enforce air quality
regulations, permits, and orders promulgated pursuant to AS 46.03 and
AS 46.14. ADEC staffs and maintains an enforcement program to ensure
compliance with SIP requirements. ADEC has emergency order authority
when there is an imminent or present danger to health or welfare or
potential for irreversible or irreparable damage to natural resources
or the environment. Enforcement cases may be referred to the State
Department of Law. Therefore, we are proposing to approve the Alaska
SIP as meeting the requirements of CAA section 110(a)(2)(C) related to
enforcement for the 2008 Pb NAAQS.
To generally meet the requirements of CAA section 110(a)(2)(C) with
respect to the regulation of construction of new or modified stationary
sources, states are required to have PSD, nonattainment NSR, and minor
NSR permitting programs adequate to implement the 2008 Pb NAAQS. As
explained above, we are not evaluating nonattainment related
provisions, such as the nonattainment NSR program required by part D,
title I of the CAA.
Alaska's major NSR permitting rules in 18 AAC Chapter 50, Article 3
for attainment and unclassifiable areas, generally relies on the
federal PSD program regulations at 40 CFR 51.166 and 40 CFR 52.21,
which are incorporated by reference into the Alaska SIP, to implement
its SIP-approved PSD permitting program. The EPA most recently approved
revisions to Alaska's PSD permitting program on May 19, 2016 (81 FR
31511). The current Alaska SIP-approved PSD permitting program
incorporates by reference specific regulations at 40 CFR 52.21 and 40
CFR 51.166 as of December 9, 2013. We are proposing to approve the
Alaska SIP as meeting the requirements of CAA section 110(a)(2)(C) with
respect to PSD for the 2008 Pb NAAQS.
With respect to CAA section 110(a)(2)(C) and (J), the EPA
interprets the CAA to require each state to make an infrastructure SIP
submission for a new or revised NAAQS that demonstrates the state has a
complete PSD permitting program meeting the current requirements for
all regulated NSR pollutants. The requirements of CAA section
110(a)(2)(D)(i)(II) may also be satisfied by demonstrating the state
has a complete PSD permitting program correctly addressing all
regulated NSR pollutants. Alaska has shown that it currently has a PSD
program in place that covers all regulated NSR pollutants, including
greenhouse gas (GHG) emissions. We are proposing to approve the Alaska
SIP as meeting the requirements of CAA section 110(a)(2)(C), (D)(i)(II)
and (J) with respect to PSD.
We note that on January 4, 2013, the U.S. Court of Appeals in the
District of Columbia, in Natural Resources Defense Council v. EPA, 706
F.3d 428 (D.C. Cir.), issued a judgment that remanded two of the EPA's
rules implementing the 1997 PM2.5 NAAQS, including the
``Implementation of New Source Review (NSR) Program for Particulate
Matter Less Than 2.5 Micrometers (PM2.5),'' (May 16, 2008,
73 FR 28321) (2008 PM2.5 NSR Implementation Rule). The court
ordered the EPA to ``repromulgate these rules pursuant to Subpart 4
consistent with this opinion.'' Id. at 437. Subpart 4 of part D, title
I of the CAA establishes additional provisions for particulate matter
nonattainment areas. The 2008 PM2.5 NSR Implementation Rule
addressed by the court's decision promulgated NSR requirements for
implementation of PM2.5 in both nonattainment areas
(nonattainment NSR) and attainment/unclassifiable areas (PSD). As the
requirements of subpart 4 only pertain to nonattainment areas, the EPA
does not consider the portions of the 2008 PM2.5 NSR
Implementation Rule that address requirements for PM2.5
attainment and unclassifiable areas to be affected by the court's
opinion. Moreover, the EPA does not anticipate the need to revise any
PSD requirements promulgated in the 2008 PM2.5 NSR
Implementation Rule in
[[Page 24918]]
order to comply with the court's decision.
To address the court's remand, the EPA promulgated a final rule for
the ``Fine Particulate Matter National Ambient Air Quality Standards:
State Implementation Plan Requirements'' on August 24, 2016 (81 FR
58011). This rule sets requirements for major stationary sources in
PM2.5 nonattainment areas. The EPA interprets the CAA
section 110(a)(1) and (2) infrastructure submissions due three years
after adoption or revision of a NAAQS to exclude nonattainment area
requirements, including requirements associated with a nonattainment
NSR program. Instead, these elements are typically referred to as
nonattainment SIP or attainment plan elements, which are due by the
dates statutorily prescribed under subparts 2 through 5 under part D,
extending as far as ten years following designations for some elements.
Accordingly, our proposed approval of elements 110(a)(2)(C),
(D)(i)(II), and (J), with respect to the PSD requirements, does not
conflict with the court's opinion.
In addition, on January 22, 2013, the U.S. Court of Appeals for the
District of Columbia, in Sierra Club v. EPA, 703 F.3d 458 (D.C. Cir.
2013), issued a judgment that, among other things, vacated the
provisions adding the PM2.5 Significant Monitoring
Concentration (SMC) to the federal regulations, at 40 CFR
51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c), that were promulgated as part
of the ``Prevention of Significant Deterioration (PSD) for Particulate
Matter Less than 2.5 Micrometers (PM2.5)--Increments,
Significant Impact Levels (SILs) and Significant Monitoring
Concentration (SMC); Final Rule,'' (October 10, 2010, 75 FR 64864)
(2010 PSD PM2.5 Implementation Rule). In its decision, the
court held that the EPA did not have the authority to use SMCs to
exempt permit applicants from the statutory requirement in section
165(e)(2) of the CAA that ambient monitoring data for PM2.5
be included in all PSD permit applications. Thus, although the
PM2.5 SMC was not a required element of a state's PSD
program, were a state PSD program that contains such a provision to use
that provision to issue new permits without requiring ambient
PM2.5 monitoring data, such application of the vacated SMC
would be inconsistent with the court's opinion and the requirements of
section 165(e)(2) of the CAA.
This decision also, at the EPA's request, vacated and remanded to
the EPA for further consideration the portions of the 2010 PSD
PM2.5 Implementation Rule that revised 40 CFR 51.166 and 40
CFR 52.21 related to Significant Impact Levels (SILs) for
PM2.5. The EPA requested this vacatur and remand of two of
the three provisions in the EPA regulations that contain SILs for
PM2.5, because the wording of these two SIL provisions (40
CFR 51.166(k)(2) and 40 CFR 52.21(k)(2)) is inconsistent with the
explanation of when and how SILs should be used by permitting
authorities that we provided in the preamble to the Federal Register
publication when we promulgated these provisions. The third SIL
provision (40 CFR 51.165(b)(2)) was not vacated and remains in effect.
The court's decision does not affect the PSD increments for
PM2.5 promulgated as part of the 2010 PSD PM2.5
Implementation Rule.
The EPA amended its regulations to remove the vacated
PM2.5 SILs and SMC provisions from PSD regulations on
December 9, 2013 (78 FR 73698). On May 19, 2016, we approved revisions
to the Alaska SIP as being consistent with the court decision and
revised EPA regulations (81 FR 31511).
The EPA has also promulgated revisions to federal PSD requirements
for greenhouse gas (GHG) emissions, in response to a court remand and
vacatur. Specifically, on June 23, 2014, the United States Supreme
Court, in Utility Air Regulatory Group (UARG) v. EPA,\7\ issued a
decision that said the EPA may not treat GHGs as air pollutants for
purposes of determining whether a source is a major source (or
modification thereof) required to obtain a PSD permit. The Court also
said the EPA could continue to require that PSD permits otherwise
required based on emissions of pollutants other than GHGs contain
limits on GHG emissions based on the application of Best Available
Control Technology (BACT).
---------------------------------------------------------------------------
\7\ 134 S.Ct. 2427 (2014).
---------------------------------------------------------------------------
In response to the UARG decision, and the subsequent Amended
Judgment issued by the D.C. Circuit (Amended Judgment),\8\ the EPA
revised the federal PSD rules to allow for the rescission of PSD
permits that are no longer required under these decisions, (May 7,
2015, 80 FR 26183), and to remove the regulatory provisions that were
specifically vacated by the Amended Judgment, (August 19, 2015, 80 FR
50199) (removing 40 CFR 51.166(b)(48)(v), 52.21(b)(49)(v), 52.22,
70.12, and 71.13). In addition, the EPA proposed to revise provisions
in the PSD permitting regulations applicable to GHGs to fully conform
with UARG and the Amended Judgment, but those revisions have not been
finalized (Oct. 3, 2016, 81 FR 68110).
---------------------------------------------------------------------------
\8\ Coalition for Responsible Regulation v. EPA, Nos. 09-1322,
10-073, 10-1092, and 10-1167 (April 15, 2015).
---------------------------------------------------------------------------
The EPA anticipates that many states will revise their existing
SIP-approved PSD programs in light of the Supreme Court's decision and
the EPA's changes to federal PSD rules in response to the decision. At
this juncture, the EPA is not expecting states to have revised their
PSD programs for purposes of infrastructure SIP submissions and is only
evaluating such submissions to assure that the state's program
correctly addresses GHGs consistent with the Supreme Court's decision.
At present, the EPA has determined the Alaska SIP is sufficient to
satisfy CAA section 110(a)(2)(C), (D)(i)(II) and (J) with respect to
GHGs because the PSD permitting program previously-approved by the EPA
into the SIP continues to require that PSD permits (otherwise required
based on emissions of pollutants other than GHGs) contain limitations
on GHG emissions based on the application of BACT. Although the
approved Alaska PSD permitting program may currently contain provisions
that are no longer necessary in light of the Supreme Court decision,
this does not render the infrastructure SIP submission inadequate to
satisfy CAA section 110(a)(2)(C), (D)(i)(II) and (J) for purposes of
the 2008 Pb NAAQS.
The SIP contains the necessary PSD requirements at this time, and
the application of those requirements is not impeded by the presence of
other previously-approved provisions regarding the permitting of
sources of GHGs that the EPA does not consider necessary at this time
in light of the Supreme Court decision. Accordingly, the Supreme Court
decision does not affect our proposed approval of the Alaska SIP as
meeting the requirements of CAA section 110(a)(2)(C), (D)(i)(II) and
(J) as those elements relate to a comprehensive PSD program. In this
action we are proposing to approve the Alaska SIP as meeting the
requirements of CAA section 110(a)(2)(C), (D)(i)(II) and (J) as those
elements relate to a comprehensive PSD program.
Turning to the minor NSR requirement, Alaska regulates minor
stationary sources of Pb through its federally-approved minor NSR
permitting program. Alaska's program was originally approved into the
SIP on July 5, 1983, and the state has made updates and revisions to
the program throughout the years. The EPA most recently approved
substantive revisions to the Alaska minor NSR program on September 19,
2014 (79 FR 56268). Based on the foregoing, we are proposing to approve
the Alaska SIP as
[[Page 24919]]
meeting the requirements of CAA section 110(a)(2)(C) for the 2008 Pb
NAAQS.
110(a)(2)(D): Interstate Transport
CAA section 110(a)(2)(D)(i) requires state SIPs to include
provisions prohibiting any source or other type of emissions activity
in one state from contributing significantly to nonattainment, or
interfering with maintenance of the NAAQS in another state (CAA section
110(a)(2)(D)(i)(I)). Further, this section requires state SIPs to
include provisions prohibiting any source or other type of emissions
activity in one state from interfering with measures required to
prevent significant deterioration (PSD) of air quality, or from
interfering with measures required to protect visibility (i.e. measures
to address regional haze) in any state (CAA section
110(a)(2)(D)(i)(II)). As noted above, this action also does not address
the requirements of CAA section 110(a)(2)(D)(i)(I) for the 2008 Pb
NAAQS which we previously approved on August 4, 2014 (79 FR 45103).
State submission: For purposes of CAA section 110(a)(2)(D)(i)(II),
the submission references the Alaska SIP-approved PSD program and the
Alaska Regional Haze Plan.
EPA analysis: CAA section 110(a)(2)(D)(i)(II) requires state SIPs
to contain adequate provisions prohibiting emissions which will
interfere with any other state's required measures to prevent
significant deterioration (PSD) of its air quality (prong 3), and
adequate provisions prohibiting emissions which will interfere with any
other state's required measures to protect visibility (prong 4).
To address whether emissions from sources in Alaska interfere with
any other state's required measures to prevent significant
deterioration of air quality, the submission references the Alaska
federally-approved PSD program. The EPA most recently approved
revisions to Alaska's PSD program on May 19, 2016 (81 FR 31511). The
Alaska SIP incorporates by reference federal PSD requirements as of
December 9, 2013. We believe that our proposed approval of element
110(a)(2)(D)(i)(II) is not affected by recent court vacaturs of federal
PSD implementing regulations. Please see our discussion at section
110(a)(2)(C). Therefore, we are proposing to approve the Alaska SIP as
meeting the requirements of CAA section 110(a)(2)(D)(i)(II) with
respect to PSD (prong 3) for the 2008 Pb NAAQS.
To address whether emissions from sources in Alaska interfere with
any other state's required measures to protect visibility, the
submission references the Alaska Regional Haze SIP, which was submitted
to the EPA on March 29, 2011. The Alaska Regional Haze SIP addresses
visibility impacts across states within the region. On February 14,
2013, the EPA approved the Alaska Regional Haze SIP, including the
requirements for best available retrofit technology (78 FR 10546).
The EPA believes, as noted in the 2013 Guidance, that with respect
to the CAA section 110(a)(2)(D)(i)(II) visibility sub-element, where a
state's regional haze SIP has been approved as meeting all current
obligations, a state may rely upon those provisions in support of its
demonstration that it satisfies the requirements of CAA section
110(a)(2)(D)(i)(II) as it relates to visibility. Because the Alaska
Regional Haze SIP was found to meet federal requirements, we are
proposing to approve the Alaska SIP as meeting the requirements of CAA
section 110(a)(2)(D)(i)(II) as it applies to visibility for the 2008 Pb
NAAQS (prong 4).
Interstate and International Transport Provisions
CAA section 110(a)(2)(D)(ii) requires SIPs to include provisions
insuring compliance with the applicable requirements of CAA sections
126 and 115 (relating to interstate and international pollution
abatement). Specifically, CAA section 126(a) requires new or modified
major sources to notify neighboring states of potential impacts from
the source.
State submission: The submission references Alaska's federally-
approved PSD program. The submission also references SIP revisions
submitted by ADEC to update the Alaska PSD program.
EPA analysis: Alaska's major NSR permitting rules in 18 AAC Chapter
50, Article 3 for attainment and unclassifiable areas, generally rely
on the federal PSD program regulations at 40 CFR 51.166 and 40 CFR
52.21, which are incorporated by reference into the Alaska SIP, to
implement its SIP-approved PSD permitting program. As noted above, the
EPA most recently approved revisions to Alaska's PSD permitting program
on May 19, 2016 (81 FR 31511). The current Alaska SIP-approved PSD
permitting program incorporates by reference specific regulations at 40
CFR 52.21 and 40 CFR 51.166 as of December 9, 2013. At 18 AAC
50.306(b), Alaska's federally-approved SIP incorporates by reference
the general provisions of 40 CFR 51.166(q)(2) to describe the public
participation procedures for PSD permits, including requiring notice to
states whose lands may be affected by the emissions of sources subject
to PSD. As a result, Alaska's PSD regulations provide for notice
consistent with the requirements of the EPA PSD program. Alaska also
has no pending obligations under section 115 or 126(b) of the CAA.
Therefore, we are proposing to approve the Alaska SIP as meeting the
requirements of CAA section 110(a)(2)(D)(ii) for the 2008 Pb NAAQS.
110(a)(2)(E): Adequate Resources
CAA section 110(a)(2)(E) requires each state to provide (i)
necessary assurances that the state will have adequate personnel,
funding, and authority under state law to carry out the SIP (and is not
prohibited by any provision of federal or state law from carrying out
the SIP or portion thereof), (ii) requirements that the state comply
with the requirements respecting state boards under CAA section 128 and
(iii) necessary assurances that, where the state has relied on a local
or regional government, agency, or instrumentality for the
implementation of any SIP provision, the state has responsibility for
ensuring adequate implementation of such SIP provision.
State submission: The submission states that ADEC maintains
adequate personnel, funding, and authority to implement the SIP. The
submission refers to AS 46.14.030 State Air Quality Control Plan which
provides ADEC statutory authority to act for the state and adopt
regulations necessary to implement the state air plan. The submission
also references 18 AAC 50.030 State Air Quality Control Plan which
provides regulatory authority to implement and enforce the SIP.
With respect to CAA section 110(a)(2)(E)(ii), the submission states
that Alaska's regulations on conflict of interest are found in Title
2--Administration, Chapter 50 Alaska Public Offices Commission:
Conflict of Interest, Campaign Disclosure, Legislative Financial
Disclosure, and Regulations of Lobbying (2 AAC 50.010--2 AAC 50.920).
Regulations concerning financial disclosure are found in Title 2,
Chapter 50, Article 1--Public Official Financial Disclosure. There are
no state air quality boards in Alaska. The ADEC commissioner, however,
as an appointed official and the head of an executive agency, is
required to file a financial disclosure statement annually by March
15th of each year with the Alaska Public Offices Commission (APOC).
These disclosures are publically available through APOC's Anchorage
office. Alaska's Public
[[Page 24920]]
Officials Financial Disclosure Forms and links to Alaska's financial
disclosure regulations can be found at the APOC Web site: https://doa.alaska.gov/apoc/.
With respect to CAA section 110(a)(2)(E)(iii) and assurances that
the state has responsibility for adequate implementation of the plan
where the state has relied on local or regional government agencies,
the submission states that ADEC ensures local programs have adequate
resources and documents this in the appropriate SIP section. Statutory
authority for establishing local air pollution control programs is
found at AS 46.14.400 Local air quality control programs.
The submission also states that ADEC provides technical assistance
and regulatory oversight to the Municipality of Anchorage (MOA),
Fairbanks North Star Borough (FNSB) and other local jurisdictions to
ensure that the State Air Quality Control Plan and SIP objectives are
satisfactorily carried out. ADEC has a Memorandum of Understanding with
the MOA and FNSB that allows them to operate air quality control
programs in their respective jurisdictions. The South Central Clean Air
Authority has been established to aid the MOA and the Matanuska-Susitna
Borough in pursuing joint efforts to control emissions and improve air
quality in the air-shed common to the two jurisdictions. In addition,
ADEC indicates the department works closely with local agencies on
nonattainment plans.
EPA analysis: We are proposing to find that the Alaska SIP meets
the adequate personnel, funding and authority requirements of CAA
section 110(a)(2)(E)(i). Alaska receives sections 103 and 105 grant
funds from the EPA and provides state matching funds necessary to carry
out SIP requirements. For purposes of CAA section 110(a)(2)(E)(ii), we
previously approved Alaska's conflict of interest disclosure and ethics
regulations as meeting the requirements of CAA section 128 on October
22, 2012 (77 FR 64427). Finally, the EPA is proposing to find that
Alaska has provided necessary assurances that, where the state has
relied on a local or regional government, agency, or instrumentality
for the implementation of any SIP provision, the state has
responsibility for ensuring adequate implementation of the SIP with
regards to the 2008 Pb NAAQS as required by CAA section
110(a)(2)(E)(iii). Therefore, we are proposing to approve the Alaska
SIP as meeting the requirements of CAA section 110(a)(2)(E) for the
2008 Pb NAAQS.
110(a)(2)(F): Stationary Source Monitoring System
CAA section 110(a)(2)(F) requires (i) the installation,
maintenance, and replacement of equipment, and the implementation of
other necessary steps, by owners or operators of stationary sources to
monitor emissions from such sources, (ii) periodic reports on the
nature and amounts of emissions and emissions-related data from such
sources, and (iii) correlation of such reports by the state agency with
any emission limitations or standards established pursuant to the CAA,
which reports shall be available at reasonable times for public
inspection.
State submission: The submission states that ADEC has general
statutory authority to regulate stationary sources via an air
permitting program which includes permit reporting requirements,
completeness determinations, administrative actions, and stack source
monitoring requirements. The submission states ADEC has regulatory
authority to determine compliance with these statutes via information
requests and ambient air quality investigations. ADEC has adopted by
reference the federal reference and interpretation methods for Pb into
the Alaska SIP. The submission also references the SIP-approved Alaska
PSD program. Ambient air quality and meteorological data that are
collected for PSD purposes by stationary sources are reported to ADEC
on a quarterly and annual basis.
The submission refers to the following statutory and regulatory
provisions providing authority and requirements for source emissions
monitoring, reporting, and correlation with emission limits or
standards:
AS 46.14.140: Emission control permit program regulations.
AS 46.14.180: Monitoring.
18 AAC 50.035: Documents, Procedures, and Methods Adopted
by Reference.
18 AAC 50.040: Federal Standards Adopted by Reference.
18 AAC 50.200: Information Requests.
18 AAC 50.201: Ambient Air Quality Investigation.
18 AAC 50.220: Enforceable test methods.
18 AAC 50.306: Prevention of Significant Deterioration
Permits.
18 AAC 50.345: Construction and Operating Permits:
Standard Permit Conditions.
EPA analysis: The Alaska SIP establishes compliance requirements
for sources subject to major and minor source permitting to monitor
emissions, keep and report records, and collect ambient air monitoring
data. 18 AAC 50.200 Information Requests provides ADEC authority to
issue an information request to an owner, operator, or permittee for
purposes of ascertaining compliance. 18 AAC 50.201 Ambient Air Quality
Investigations provides authority to require an owner, operator, or
permittee to evaluate the effect emissions from the source have on
ambient air quality. In addition, 18 AAC 50.306 Prevention of
Significant Deterioration Permits and 18 AAC 50.544 Minor Permits:
Content provide for establishing permit conditions to require the
permittee to install, use and maintain monitoring equipment, sample
emissions, provide source test reports, monitoring data, emissions
data, and information from analysis, keep records and make period
reports on process operations and emissions. This information is made
available to the public through public processes outlined in these SIP-
approved rules.
Additionally, states are required to submit emissions data to the
EPA for purposes of the National Emissions Inventory (NEI). The NEI is
the EPA's central repository for air emissions data. The EPA published
the Air Emissions Reporting Rule (AERR) on December 5, 2008, which
modified the requirements for collecting and reporting air emissions
data (73 FR 76539). The AERR shortened the time states had to report
emissions data from 17 to 12 months, giving states one calendar year to
submit emissions data. All states are required to submit a
comprehensive emissions inventory every three years and report
emissions for certain larger sources annually through the EPA's online
Emissions Inventory System. States report emissions data for the six
criteria pollutants and their associated precursors--nitrogen oxides,
sulfur dioxide, ammonia, lead, carbon monoxide, particulate matter, and
volatile organic compounds. Many states also voluntarily report
emissions of hazardous air pollutants. The EPA compiles the emissions
data, supplementing it where necessary, and releases it to the general
public through the Web site https://www.epa.gov/air-emissions-inventories. Based on the above analysis, we are proposing to approve
the Alaska SIP as meeting the requirements of CAA section 110(a)(2)(F)
for the 2008 Pb NAAQS.
110(a)(2)(G): Emergency Episodes
CAA section 110(a)(2)(G) requires states to provide for authority
to address activities causing imminent and substantial endangerment to
public health, including contingency plans to
[[Page 24921]]
implement the emergency episode provisions in their SIPs.
State submission: The submission cites AS 46.03.820 Emergency
powers which provides ADEC with emergency order authority where there
is an imminent or present danger to the health or welfare of the people
of the state or would result in or be likely to result in irreversible
or irreparable damage to the natural resources or environment. The
submission also refers to 18 AAC 50.245 Air Episodes and Advisories
which authorizes ADEC to declare an air alert, air warning, or air
advisory to notify the public and prescribe and publicize curtailment
action.
EPA analysis: Section 303 of the CAA provides authority to the EPA
Administrator to restrain any source from causing or contributing to
emissions which present an ``imminent and substantial endangerment to
public health or welfare, or the environment.'' The EPA finds that AS
46.03.820 Emergency Powers provides emergency order authority
comparable to CAA Section 303.
The EPA's regulations for emergency episodes are in 40 CFR part 51
subpart H. The regulations prescribe the requirements for emergency
episode plans based on classification of regions in a state for a
subset of the criteria pollutants. As indicated in our 2011 Guidance,
we note that 40 CFR part 51 subpart H does not apply to Pb. Based on
the EPA's experience to date with the Pb NAAQS and designating Pb
nonattainment areas, we expect that an emergency episode associated
with Pb emissions would be unlikely and, if it were to occur, would be
the result of a malfunction or other emergency situation at a
relatively large source of Pb. The EPA believes that AS 46.03.820
Emergency Powers provides adequate authority to address an emergency
situation at a large source of Pb. Based on the foregoing, we are
proposing to approve the Alaska SIP as meeting the requirements of CAA
section 110(a)(2)(G) for the 2008 Pb NAAQS.
110(a)(2)(H): Future SIP Revisions
CAA section 110(a)(2)(H) requires that SIPs provide for revision of
such plan (i) from time to time as may be necessary to take account of
revisions of such national primary or secondary ambient air quality
standard or the availability of improved or more expeditious methods of
attaining such standard, and (ii), except as provided in paragraph
110(a)(3)(C), whenever the Administrator finds on the basis of
information available to the Administrator that the SIP is
substantially inadequate to attain the NAAQS which it implements or to
otherwise comply with any additional requirements under the CAA.
State submission: The submission refers to statutory authority to
adopt regulations in order to implement the CAA and the state air
quality control program at AS 46.03.020(10)(A) Powers of the Department
and AS 46.14.010(a) Emission Control Regulations. The submission also
refers to regulatory authority to implement provisions of the CAA at 18
AAC 50.010 Ambient Air Quality Standards. The submission affirms that
ADEC regularly updates the Alaska SIP as new NAAQS are promulgated by
the EPA.
EPA analysis: As cited above, the Alaska SIP provides for
revisions, and in practice, Alaska regularly submits SIP revisions to
the EPA to take into account revisions to the NAAQS and other federal
regulatory changes. We have approved many revisions to the Alaska SIP,
most recently on May 19, 2016 (81 FR 31511), March 18, 2015 (80 FR
14038), September 19, 2014 (79 FR 56268), August 9, 2013 (78 FR 48611),
May 9, 2013 (78 FR 27071) and January 7, 2013 (78 FR 900). Therefore,
we are proposing to approve the Alaska SIP as meeting the requirements
of section 110(a)(2)(H) for the 2008 Pb NAAQS.
110(a)(2)(I): Nonattainment Area Plan Revision Under Part D
EPA analysis: There are two elements identified in CAA section
110(a)(2) not governed by the three-year submission deadline of CAA
section 110(a)(1), because SIPs incorporating necessary local
nonattainment area controls are not due within three years after
promulgation of a new or revised NAAQS, but are rather due at the time
of the nonattainment area plan requirements pursuant to section 172 and
the various pollutant specific subparts 2--5 of part D. These
requirements are: (i) submissions required by CAA section 110(a)(2)(C)
to the extent that subsection refers to a permit program as required in
part D, title I of the CAA, and (ii) submissions required by CAA
section 110(a)(2)(I) which pertain to the nonattainment planning
requirements of part D, title I of the CAA. As a result, this action
does not address infrastructure elements related to CAA section
110(a)(2)(C) with respect to nonattainment NSR or CAA section
110(a)(2)(I).
110(a)(2)(J): Consultation With Government Officials
CAA section 110(a)(2)(J) requires states to provide a process for
consultation with local governments and federal land managers carrying
out NAAQS implementation requirements pursuant to section 121. CAA
section 110(a)(2)(J) further requires states to notify the public if
NAAQS are exceeded in an area and to enhance public awareness of
measures that can be taken to prevent exceedances. Lastly, CAA section
110(a)(2)(J) requires states to meet applicable requirements of part C,
title I of the CAA related to prevention of significant deterioration
and visibility protection.
State submission: The submission refers to statutory authority to
consult and cooperate with officials of local governments, state and
federal agencies, and non-profit groups found at AS 46.030.020 Powers
of the department paragraphs (3) and (8). The submission states that
municipalities and local air quality districts seeking approval for a
local air quality control programs shall enter into a cooperative
agreement with ADEC according to AS 46.14.400 Local air quality control
programs, paragraph (d). ADEC can adopt new CAA regulations only after
a public hearing, per AS 46.14.010 Emission control regulations,
paragraph (a). In addition, the submission states that public notice
and public hearing regulations for SIP submissions and air quality
discharge permits are found at 18 AAC 15.050 and 18 AAC 15.060.
Finally, the submission also references the SIP-approved Alaska PSD
program and Regional Haze SIP.
EPA analysis: The EPA finds that the Alaska SIP, including the
Alaska rules for major source permitting, contains provisions for
consulting with government officials as specified in CAA section 121.
Alaska's PSD program provides opportunity and procedures for public
comment and notice to appropriate federal, state and local agencies. We
most recently approved revisions to the Alaska PSD program on May 19,
2016 (81 FR 31511). In addition, we most recently approved the Alaska
rules that define transportation conformity consultation on September
8, 2015 (80 FR 53735). On February 14, 2013, we approved the Alaska
Regional Haze SIP (78 FR 10546).
ADEC routinely coordinates with local governments, states, federal
land managers and other stakeholders on air quality issues including
transportation conformity and regional haze, and provides notice to
appropriate agencies related to permitting actions. Alaska participates
in regional planning processes including the Western Regional Air
Partnership which is a voluntary partnership of states, tribes, federal
land managers, local air agencies and the EPA formed to evaluate
current and evolving regional air quality issues
[[Page 24922]]
in the West. Therefore, we are proposing to approve the Alaska SIP as
meeting the requirements of CAA section 110(a)(2)(J) for consultation
with government officials for the 2008 Pb NAAQS.
Section 110(a)(2)(J) also requires the public be notified if NAAQS
are exceeded in an area and to enhance public awareness of measures
that can be taken to prevent exceedances. ADEC is a partner in the
EPA's AIRNOW and Enviroflash Air Quality Alert programs, which provide
air quality information to the public for five major air pollutants
regulated by the CAA: ground-level ozone, particulate matter, carbon
monoxide, sulfur dioxide, and nitrogen dioxide. Alaska also provides
real-time air monitoring information to the public on the ADEC air
quality Web site at https://dec.alaska.gov/ in addition to air advisory
information. During the summer months, the Fairbanks North Star Borough
prepares a weekly Air Quality forecast for the Fairbanks area. The
forecast is found at https://co.fairbanks.ak.us/airquality/.
While we note that Pb is not part of the EPA air quality alert
programs, the Alaska SIP provides general authority at 18 AAC 50.245
Air Episodes and Advisories for notifying the public when air quality
is degrading. We are therefore proposing to approve the Alaska SIP as
meeting the requirements of CAA section 110(a)(2)(J) for public
notification for the 2008 Pb NAAQS.
Turning to the requirement in CAA section 110(a)(2)(J) that the SIP
meet the applicable requirements of part C of title I of the CAA, we
have evaluated this requirement in the context of CAA section
110(a)(2)(C) with respect to permitting. The EPA most recently approved
revisions to Alaska's PSD program on May 19, 2016 (81 FR 31511). We are
proposing to approve the Alaska SIP as meeting the requirements of CAA
section 110(a)(2)(J) for PSD for the 2008 Pb NAAQS. We note that our
proposed approval of element 110(a)(2)(J) with respect to PSD is not
affected by recent court vacaturs of the EPA's PSD implementing
regulations. Please see our discussion regarding section 110(a)(2)(C).
With respect to the applicable requirements for visibility
protection, the EPA recognizes that states are subject to visibility
and regional haze program requirements under part C of the CAA. In the
event of the establishment of a new NAAQS, however, the visibility and
regional haze program requirements under part C do not change. Thus we
find that there is no new applicable requirement related to visibility
triggered under CAA section 110(a)(2)(J) when a new NAAQS becomes
effective. Based on the analysis above, we are proposing to approve the
Alaska SIP as meeting the requirements of CAA section 110(a)(2)(J) for
the 2008 Pb NAAQS.
110(a)(2)(K): Air Quality and Modeling/Data
CAA section 110(a)(2)(K) requires that SIPs provide for (i) the
performance of such air quality modeling as the Administrator may
prescribe for the purpose of predicting the effect on ambient air
quality of any emissions of any air pollutant for which the
Administrator has established a national ambient air quality standard,
and (ii) the submission, upon request, of data related to such air
quality modeling to the Administrator.
State submission: The submission states that air quality modeling
is regulated under 18 AAC 50.215(b) Ambient Air Quality Analysis
Methods. Estimates of ambient concentrations and visibility impairment
must be based on applicable air quality models, databases, and other
requirements specified in the EPA's Guideline on Air Quality Models are
adopted by reference in 18 AAC 50.040 Federal Standards Adopted by
Reference. Baseline dates and maximum allowable increases are found in
Table 2 and Table 3, respectively, at 18 AAC 50.020 Baseline Dates and
Maximum Allowable Increases.
EPA analysis: On May 19, 2016, we approved revisions to 18 AAC
50.215 Ambient Air Quality Analysis Methods and 18 AAC 50.040 Federal
Standards Adopted by Reference (81 FR 31511). 18 AAC 50.040, at
paragraph (f), incorporates by reference the EPA regulations at 40 CFR
part 51, Appendix W Guidelines on Air Quality Models revised as of July
1, 2013. In addition, as an example of Alaska's modeling capacity,
Alaska submitted the Fairbanks Carbon Monoxide Maintenance Plan to the
EPA on June 21, 2004, supported by air quality modeling. The
maintenance plan and supporting modeling was approved by the EPA as a
SIP revision on July 27, 2004 (69 FR 44605). Therefore, we are
proposing to approve the Alaska SIP as meeting the requirements of CAA
section 110(a)(2)(K) for the 2008 Pb NAAQS.
110(a)(2)(L): Permitting Fees
CAA section 110(a)(2)(L) requires SIPs to require each major
stationary source to pay permitting fees to cover the cost of
reviewing, approving, implementing and enforcing a permit.
State submission: The submission states that ADEC's statutory
authority to assess and collect permit fees is established in AS
46.14.240 Permit Administration Fees and AS 46.14.250 Emission Fees.
The permit fees for stationary sources are assessed and collected by
the Air Permits Program according to 18 AAC 50, Article 4. ADEC is
required to evaluate emission fee rates at least every four years and
provide a written evaluation of the findings (AS 46.14.250(g); 18 AAC
50.410).
EPA analysis: The EPA fully approved Alaska's title V program on
July 26, 2001 (66 FR 38940) with an effective data of September 24,
2001. While Alaska's operating permit program is not formally approved
into the SIP, it is a legal mechanism the state can use to ensure that
ADEC has sufficient resources to support the air program, consistent
with the requirements of the SIP. Before the EPA can grant full
approval, a state must demonstrate the ability to collect adequate
fees. The Alaska title V program included a demonstration the state
will collect a fee from title V sources above the presumptive minimum
in accordance with 40 CFR 70.9(b)(2)(i).
In addition, Alaska's SIP requires fees for purposes of new source
permitting. See 18 AAC 50.306(d)(2), 18 AAC 50.311(d)(2), 18 AAC
50.544(a)(2), and 18 AAC 50.400. Therefore, we are proposing to
conclude that Alaska has satisfied the requirements of CAA section
110(a)(2)(L) for the 2008 Pb NAAQS.
110(a)(2)(M): Consultation/Participation by Affected Local Entities
CAA section 110(a)(2)(M) requires states to provide for
consultation and participation in SIP development by local political
subdivisions affected by the SIP.
State submission: The submission states ADEC has authority to
consult and cooperate with officials and representatives of any
organization in the state; and persons, organization, and groups,
public and private using, served by, interested in, or concerned with
the environment of the state. The submission refers to AS 46.030.020
Powers of the department, paragraphs (3) and (8), which provide
authority to ADEC to consult and cooperate with affected state and
local entities. In addition, AS 46.14.400 Local air quality control
programs, paragraph (d), provides authority for local air quality
control programs and requires cooperative agreements between ADEC and
local air quality control programs that specify the respective duties,
funding, enforcement responsibilities, and procedures.
[[Page 24923]]
EPA analysis: The EPA finds that the Alaska provisions cited above
provide for local and regional authorities to participate and consult
in the SIP development process. Therefore, we are proposing to approve
the Alaska SIP as meeting the requirements of CAA section 110(a)(2)(M)
for the 2008 Pb NAAQS.
V. Proposed Action
We are proposing to approve the Alaska SIP as meeting the following
CAA section 110(a)(2) infrastructure elements for the 2008 Pb NAAQS:
(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L),
and (M). This action is being taken under section 110 of the CAA.
VI. Statutory and Executive Orders Review
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because it does not involve technical standards; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 10, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2017-10938 Filed 5-30-17; 8:45 am]
BILLING CODE 6560-50-P