Approval and Promulgation of Implementation Plans; Alaska: Adoption Updates and Rule Revisions, 27031-27033 [2017-12234]
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Federal Register / Vol. 82, No. 112 / Tuesday, June 13, 2017 / Proposed Rules
Dated: June 6, 2017.
Bruce Summers,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2017–12031 Filed 6–12–17; 8:45 am]
BILLING CODE 3410–02–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2017–0184, FRL–9963–65–
Region 10]
Approval and Promulgation of
Implementation Plans; Alaska:
Adoption Updates and Rule Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
nlaroche on DSK30NT082PROD with PROPOSALS
Table of Contents
The Environmental Protection
Agency (EPA) proposes to approve state
implementation plan (SIP) revisions
submitted by the State of Alaska
Department of Environmental
Conservation (ADEC) on September 15,
2016. These revisions primarily update
adoptions of Federal regulations in the
Alaska SIP. The revisions also
strengthen the State of Alaska’s (Alaska)
minor source permitting requirements
and remove obsolete source-specific
regulations. EPA also proposes to
approve SIP revisions to Alaska’s
general and transportation conformity
regulations submitted by ADEC on
March 10, 2016. The EPA is taking
action only on the conformity related
portions of the March 2016 submittal.
The other portions of the submittal are
or will be addressed in separate actions.
DATES: Comments must be received on
or before July 13, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2017–0184, 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
electronically submit any information
you consider to be Confidential
Business Information (CBI) or other
information the disclosure of which is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
SUMMARY:
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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/commentingepa-dockets.
FOR FURTHER INFORMATION CONTACT:
Randall Ruddick, Air Planning Unit,
Office of Air and Waste (OAW–150),
Environmental Protection Agency,
Region 10, 1200 Sixth Ave., Suite 900,
Seattle, WA 98101; telephone number:
(206) 553–1999; email address:
ruddick.randall@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to EPA.
I. Background
II. EPA Evaluation of Alaska SIP Revisions
A. Updates to Adoption by Reference
B. Revisions to Permitting Requirements
C. Removal of Certain Source-Specific
Requirements
D. Revisions to Ozone Standard
E. Updates to State General and
Transportation Conformity
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Orders Review
I. Background
Section 110 of the Clean Air Act
(CAA) governs the process by which a
state submits air quality protection
requirements to EPA for approval into
the State Implementation Plan (SIP).
The SIP is the state’s plan to implement,
maintain, and enforce National Ambient
Air Quality Standards (NAAQS) set by
EPA. Because Alaska regularly revises
its state rules, and to ensure they stay
consistent with Federal CAA
requirements, Alaska generally submits
an annual update to EPA for approval
into the SIP.
On September 15, 2016, ADEC,
submitted such an update. The
submittal contains regulatory updates to
the Alaska Administrative Code (AAC)
with a state effective date of August 20,
2016. These updates to AAC Title 18,
Environmental Conservation, Chapter
50, Air Quality Control (18 AAC 50)
reflect updates to the adoption by
reference date of certain Federal
regulations, strengthen minor stationary
source permitting rules, remove obsolete
source-specific regulations, and adopt
the Federal 2015 ozone NAAQS.
Transportation conformity is required
under section 176(c) of the CAA to
ensure federally supported highway,
transit projects, and other activities are
consistent with (‘‘conform to’’) the
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27031
purpose of the SIP. Transportation
conformity currently applies to areas
that are designated nonattainment, and
to areas that have been redesignated to
attainment after 1990 (maintenance
areas) with plans developed under
section 175A of the CAA for the
following transportation-related criteria
pollutants: Ozone, particulate matter
(PM2.5 and PM10), carbon monoxide, and
nitrogen dioxide. The transportation
conformity regulation is found in 40
CFR part 93, subpart A, and in 40 CFR
51.390.
On September 27, 1995, the EPA
approved the general conformity rules
in Article 7 of AAC Title 18, Chapter 50
into the Alaska SIP (60 FR 49765). On
December 29, 1999, EPA approved
ADEC’s transportation conformity rules
in Article 7 of 18 AAC 50 into the
Alaska SIP (64 FR 72940). On March 10,
2016, ADEC submitted a request to
make two modifications to the
transportation conformity regulations
and one modification to the general
conformity regulations, discussed
below.
II. EPA Evaluation of Alaska SIP
Revisions
A. Updates to Adoption by Reference
ADEC revised 18 AAC 50 to update
the adoption by reference date of certain
federal regulations and documents and
submitted those changes to EPA for
approval into the Alaska SIP. ADEC also
updated citation dates at 18 AAC
50.035(a)(3) to adopt AP–42,
Compilation of Air Pollutant Emission
Factors, as updated through April 2015.
Likewise, ADEC updated the adoption
by reference date in 18 AAC 50.035(a)(7)
to incorporate a more current version of
EPA’s AERSCREEN User’s Guide, EPA–
454/B–15–005, dated July 2015. EPA is
proposing to approve Alaska’s updates.
Alaska’s major new source review
(NSR) permitting rules for attainment
and unclassifiable areas, 18 AAC 50,
Article 3, largely adopt by reference the
federal Prevention of Significant
Deterioration of Air Quality (PSD)
program regulations in 40 CFR 51.166
and 40 CFR 52.21. The most recent EPA
approval of revisions to Alaska’s PSD
permitting program was May 19, 2016
(81 FR 31511), in which ADEC adopted
by reference portions of 40 CFR 51.166
and 52.21 as in effect on December 9,
2013. ADEC recently updated 18 AAC
50.040(f) and (h) to incorporate federal
revisions to portions of 40 CFR 51.166
and 52.21 as in effect on December 28,
2015. These updates ensure Alaska’s
PSD program is consistent with Federal
requirements and therefore EPA is
proposing to approve them.
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Lastly, ADEC added language in 18
AAC 215(a)(3) to clarify that Alaska’s
adoption in 18 AAC 50.035(a) of both
Quality Assurance Handbook for Air
Pollutant Measurement Systems,
Volume IV and Meteorological
Measurements Version 2.0 are
applicable for meteorological
monitoring work in Alaska. EPA is
proposing to approve the Alaska’s
clarification.
B. Revisions to Permitting Requirements
Source Test Reports
ADEC’s September 15, 2016 SIP
submittal revises 18 AAC 50.345(o) to
reduce the number of paper copies of
source test reports required to be
submitted from two copies to one copy
for both minor and Title V permitted
sources. This reduces paperwork,
resource requirements, and associated
costs without negatively affecting
compliance with environmental
regulations. EPA is proposing to
approve Alaska’s revision.
Minor Source Baseline Date
A minor source baseline date is based
on a trigger date set in federal major
source permitting regulations. The
baseline date is calculated as the date on
which the first complete PSD permit
application is received after the EPA
trigger date, which for fine particulate
matter (PM2.5) is October 20, 2011.
ADEC, utilizing 40 CFR 52.21(b)(14)(ii),
determined a minor source PM2.5
baseline date for the South Central
Alaska Intrastate Air Quality Control
Region of October 15, 2015, and
incorporated this date into Table 2 of 18
AAC 50.020. Emissions changes at
sources in the South Central Alaska
Intrastate Air Quality Control Region
after this baseline date, consume the
region’s PM2.5 PSD increment. We are
proposing to approve Alaska’s
incorporation of this minor source
baseline date into their SIP as consistent
with CAA requirements.
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Minor Source Permitting Applicability
EPA originally approved Alaska’s
minor NSR program into the SIP on July
5, 1983 (48 FR 30623), and most
recently approved an update to it on
May 27, 2015 (80 FR 30161). ADEC has
since revised its minor NSR permitting
program so that it now requires all
existing minor stationary sources to
apply for a permit prior to undergoing
a modification that will result in a
potential to emit above significant
emissions thresholds. See 18 AAC
50.502(c)(4). ADEC explains that this
revision closes a permitting loophole
that allowed significant emissions
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increases below PSD levels to occur
without triggering minor source
permitting requirements. Such increases
will now be subject to minor new source
permitting. ADEC made several changes
to related regulations to appropriately
cross-reference and implement this
revision. EPA is proposing to approve
ADEC’s revision to the applicability of
its minor new source review program
because it strengthens the SIP and is
consistent with CAA requirements.
Minor Source Permit Review and
Issuance
ADEC revised 18 AAC 50.542(b)(5) to
clarify that the 30-day timeline for fasttracked permit decisions is based on the
receipt of a ‘‘complete’’ permit
application. The previous language did
not include the adjective ‘‘complete.’’
This change makes it easier for
regulated entities and citizens alike to
understand what is expected of both the
permitting authority and the applicant.
In addition, ADEC added 18 AAC
50.542(d)(1)(F) to clarify the timing of
the approval of alternative modeling in
‘‘fast track’’ minor source permitting.
ADEC’s rules now make clear that,
where alternative modeling was
approved outside of ‘‘fast-track’’
permitting procedures, a 30-day public
notice and request for comment period
on the decision to approve alternative
modeling under 18 AAC 50.215(c)(2) is
required, which will be timed, to the
extent practicable, to coincide with the
public comment period on the draft
permit. EPA is proposing to approve
these clarifications.
C. Removal of Certain Source CategorySpecific Requirements
Alaska repealed certain source
category-specific requirements
applicable to fuel burning equipment in
operation before November 1, 1982, that
use more than 20 percent woodwaste as
fuel; urea prilling towers in operation
before July 1, 1972; portland cement
plants; and pulp mills. Alaska
determined there are no longer any
sources in the state to which these
repealed provisions apply. In the
September 15, 2016 submittal, ADEC
requested EPA remove these staterepealed provisions from the Alaska
SIP. EPA proposes to approve ADEC’s
request to remove 18 AAC 50.055(a)(2),
(a)(3), (a)(7), (a)(8), (b)(4), (b)(6), (f) and
18 AAC 50.060 from Alaska’s SIP
because no sources are subject to these
standards. Any new sources in these
source categories will be regulated
under Alaska’s NSR process and any
applicable federal regulations that apply
to new sources, such as new source
performance standards.
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D. Revisions to Ozone Standard
ADEC revised the ozone standard in
18 AAC 50.010(4) from 0.075 ppm to
0.070 ppm to reflect the current (2015)
Federal NAAQS for ozone. We are
proposing to approve Alaska’s revision
to its ozone standard as consistent with
Federal standards.
E. Updates to General and
Transportation Conformity
On August 10, 2005, the ‘‘Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users’’ (SAFETEA–LU) transportation
act was signed into law, and among
other things, it amended the CAA to
eliminate the requirement for states to
adopt and submit general conformity
SIPs. On April 5, 2010 (75 FR 17254),
EPA updated the general conformity SIP
regulations to be consistent with the
SAFETEA–LU transportation act by
eliminating the Federal regulatory
requirement for states to adopt and
submit general conformity SIPs. See 40
CFR 51.851. On May 7, 2015, with a
supplementary letter received July 29,
2015, ADEC submitted a request to
update the transportation conformity
regulations and to remove portions of
the general conformity regulations from
the Alaska SIP. EPA finalized action on
this submittal on September 8, 2015 (80
FR 53735). On March 10, 2016, ADEC
submitted a request to make two
modifications to Alaska’s transportation
conformity regulations and one
modification to the general conformity
regulations.
Alaska’s March 10, 2016, submittal
revises two transportation conformity
criteria and procedures. The first
modification relates to interagency
consultation. The modification adds a
reference to a list of exempt projects to
existing section 18 AAC 50.715(c)(8).
The second modification relates to
public involvement. New section 18
AAC 50.720(e) adds a reference to
existing Alaska rules regarding charges
for photocopying of information.
The modification to the general
conformity regulations removes 18 AAC
50.735 from the State’s SIP because it is
not needed under current Federal
regulations. This section is not needed
because SAFETEA–LU eliminated the
requirement for states to adopt and
submit general conformity SIPs.
Alaska’s SIP revision updates the
State’s general and transportation
conformity provisions, 18 AAC 50,
Article 7, to be consistent with the CAA
as amended by SAFETEA–LU and EPA
regulations (40 CFR part 93 and 40 CFR
51.390). EPA has reviewed ADEC’s
March 10, 2016, SIP submittal to assure
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Federal Register / Vol. 82, No. 112 / Tuesday, June 13, 2017 / Proposed Rules
consistency with the CAA as amended
by SAFETEA–LU and EPA regulations
(40 CFR part 93 and 40 CFR 51.390)
governing state procedures for general
and transportation conformity and
interagency consultation, and has
concluded that the submittal is
consistent with CAA requirements. The
EPA is taking action only on the
conformity related portions of the
March 10, 2016, submittal. The other
portions of the submittal are addressed
in separate actions.
nlaroche on DSK30NT082PROD with PROPOSALS
III. Proposed Action
EPA is proposing to approve, and
incorporate by reference where
appropriate, in Alaska’s SIP, all
revisions requested by Alaska on
September 15, 2016 (state effective 8/20/
2016) to the following provisions:
• 18 AAC 50.010(4) (Ambient Air
Quality Standards)
• 18 AAC 50.020(a) (Baseline Dates and
Maximum Allowable Increases)
• 18 AAC 50.035(a)(3) and (a)(7)
(Documents, Procedures, and
Methods Adopted by Reference)
• 18 AAC 50.040(f) and (h) (Federal
Standards Adopted by Reference)
• 18 AAC 50.215(a)(3) (Ambient Air
Quality Analysis Methods)
• 18 AAC 50.345(o) (Construction,
Minor and Operating Permits:
Standard Permit Conditions)
• 18 AAC 50.502(c), (e), (f), (f)(1)(C),
(f)(5), (g), (h)(3)(A), and (h)(3)(B)
(Minor Permits for Air Quality
Protection)
• 18 AAC 50.540 (c)(2)(A) (Minor
Permit: Application)
• 18 AAC 50.542(b)(5) and (d)(1) (Minor
Permit: Review and Issuance)
EPA is also proposing to remove from
the SIP the following provisions that
ADEC has repealed as a matter of state
law: 18 AAC 50.055(a)(2), (a)(3), (a)(7),
(a)(8), (b)(4), (b)(6), (f) (Industrial
process and Fuel-Burning Equipment)
and 18 AAC 50.060 (Pulp Mills).
Finally, EPA is proposing to approve
revisions to 18 AAC 50, Article 7,
Transportation Conformity, submitted
by Alaska on March 10, 2016;
specifically, the revisions to
transportation conformity provisions in
18 AAC 50.715, .720, and removal of the
general conformity provisions in .735 as
discussed in Section II.E above.
We have made the preliminary
determination that the submitted SIP
revisions are consistent with section 110
and part C of Title I of the CAA.
IV. Incorporation by Reference
In this rule, EPA is proposing to
include in a final rule, regulatory text
that includes incorporation by
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reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
the provisions described above in
Section III. Also in this rule, EPA is
proposing to remove, in a final EPA
rule, regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is proposing to remove the
incorporation by reference of provisions
of 18 AAC 50.055 and 50.060 as
described above in Section II (C.) and 18
AAC 50.735 as described in Section III.
EPA has made, and will continue to
make, these documents generally
available electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
V. Statutory and Executive 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,
EPA’s role is to approve state choices,
provided 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 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
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27033
• 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 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 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,
Ozone, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 1, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2017–12234 Filed 6–12–17; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket Nos. FWS–R2–ES–2016–0099,
FWS–R2–ES–2016–0100, FWS–R2–ES–
2016–0130, FWS–R2–ES–2016–0137, FWS–
R2–ES–2016–0119; FXES11130900000C2–
167–FF09E32000]
RINs 1018–BA74; 1018–BA75; 1018–BB90;
1018–BB89; 1018–BB87
Endangered and Threatened Wildlife
and Plants; Reopening the Comment
Periods for Five Proposed Rules
Fish and Wildlife Service,
Interior.
ACTION: Proposed rules; reopening
comment period.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce
that we are reopening the comment
periods for our proposed rules to list
Festuca ligulata (Guadalupe fescue) as
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SUMMARY:
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Agencies
[Federal Register Volume 82, Number 112 (Tuesday, June 13, 2017)]
[Proposed Rules]
[Pages 27031-27033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12234]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2017-0184, FRL-9963-65-Region 10]
Approval and Promulgation of Implementation Plans; Alaska:
Adoption Updates and Rule Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
state implementation plan (SIP) revisions submitted by the State of
Alaska Department of Environmental Conservation (ADEC) on September 15,
2016. These revisions primarily update adoptions of Federal regulations
in the Alaska SIP. The revisions also strengthen the State of Alaska's
(Alaska) minor source permitting requirements and remove obsolete
source-specific regulations. EPA also proposes to approve SIP revisions
to Alaska's general and transportation conformity regulations submitted
by ADEC on March 10, 2016. The EPA is taking action only on the
conformity related portions of the March 2016 submittal. The other
portions of the submittal are or will be addressed in separate actions.
DATES: Comments must be received on or before July 13, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2017-0184, 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 electronically submit any
information you consider to be Confidential Business Information (CBI)
or other information the disclosure of which is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. 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: Randall Ruddick, Air Planning Unit,
Office of Air and Waste (OAW-150), Environmental Protection Agency,
Region 10, 1200 Sixth Ave., Suite 900, Seattle, WA 98101; telephone
number: (206) 553-1999; email address: ruddick.randall@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to EPA.
Table of Contents
I. Background
II. EPA Evaluation of Alaska SIP Revisions
A. Updates to Adoption by Reference
B. Revisions to Permitting Requirements
C. Removal of Certain Source-Specific Requirements
D. Revisions to Ozone Standard
E. Updates to State General and Transportation Conformity
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Orders Review
I. Background
Section 110 of the Clean Air Act (CAA) governs the process by which
a state submits air quality protection requirements to EPA for approval
into the State Implementation Plan (SIP). The SIP is the state's plan
to implement, maintain, and enforce National Ambient Air Quality
Standards (NAAQS) set by EPA. Because Alaska regularly revises its
state rules, and to ensure they stay consistent with Federal CAA
requirements, Alaska generally submits an annual update to EPA for
approval into the SIP.
On September 15, 2016, ADEC, submitted such an update. The
submittal contains regulatory updates to the Alaska Administrative Code
(AAC) with a state effective date of August 20, 2016. These updates to
AAC Title 18, Environmental Conservation, Chapter 50, Air Quality
Control (18 AAC 50) reflect updates to the adoption by reference date
of certain Federal regulations, strengthen minor stationary source
permitting rules, remove obsolete source-specific regulations, and
adopt the Federal 2015 ozone NAAQS.
Transportation conformity is required under section 176(c) of the
CAA to ensure federally supported highway, transit projects, and other
activities are consistent with (``conform to'') the purpose of the SIP.
Transportation conformity currently applies to areas that are
designated nonattainment, and to areas that have been redesignated to
attainment after 1990 (maintenance areas) with plans developed under
section 175A of the CAA for the following transportation-related
criteria pollutants: Ozone, particulate matter (PM2.5 and
PM10), carbon monoxide, and nitrogen dioxide. The
transportation conformity regulation is found in 40 CFR part 93,
subpart A, and in 40 CFR 51.390.
On September 27, 1995, the EPA approved the general conformity
rules in Article 7 of AAC Title 18, Chapter 50 into the Alaska SIP (60
FR 49765). On December 29, 1999, EPA approved ADEC's transportation
conformity rules in Article 7 of 18 AAC 50 into the Alaska SIP (64 FR
72940). On March 10, 2016, ADEC submitted a request to make two
modifications to the transportation conformity regulations and one
modification to the general conformity regulations, discussed below.
II. EPA Evaluation of Alaska SIP Revisions
A. Updates to Adoption by Reference
ADEC revised 18 AAC 50 to update the adoption by reference date of
certain federal regulations and documents and submitted those changes
to EPA for approval into the Alaska SIP. ADEC also updated citation
dates at 18 AAC 50.035(a)(3) to adopt AP-42, Compilation of Air
Pollutant Emission Factors, as updated through April 2015. Likewise,
ADEC updated the adoption by reference date in 18 AAC 50.035(a)(7) to
incorporate a more current version of EPA's AERSCREEN User's Guide,
EPA-454/B-15-005, dated July 2015. EPA is proposing to approve Alaska's
updates.
Alaska's major new source review (NSR) permitting rules for
attainment and unclassifiable areas, 18 AAC 50, Article 3, largely
adopt by reference the federal Prevention of Significant Deterioration
of Air Quality (PSD) program regulations in 40 CFR 51.166 and 40 CFR
52.21. The most recent EPA approval of revisions to Alaska's PSD
permitting program was May 19, 2016 (81 FR 31511), in which ADEC
adopted by reference portions of 40 CFR 51.166 and 52.21 as in effect
on December 9, 2013. ADEC recently updated 18 AAC 50.040(f) and (h) to
incorporate federal revisions to portions of 40 CFR 51.166 and 52.21 as
in effect on December 28, 2015. These updates ensure Alaska's PSD
program is consistent with Federal requirements and therefore EPA is
proposing to approve them.
[[Page 27032]]
Lastly, ADEC added language in 18 AAC 215(a)(3) to clarify that
Alaska's adoption in 18 AAC 50.035(a) of both Quality Assurance
Handbook for Air Pollutant Measurement Systems, Volume IV and
Meteorological Measurements Version 2.0 are applicable for
meteorological monitoring work in Alaska. EPA is proposing to approve
the Alaska's clarification.
B. Revisions to Permitting Requirements
Source Test Reports
ADEC's September 15, 2016 SIP submittal revises 18 AAC 50.345(o) to
reduce the number of paper copies of source test reports required to be
submitted from two copies to one copy for both minor and Title V
permitted sources. This reduces paperwork, resource requirements, and
associated costs without negatively affecting compliance with
environmental regulations. EPA is proposing to approve Alaska's
revision.
Minor Source Baseline Date
A minor source baseline date is based on a trigger date set in
federal major source permitting regulations. The baseline date is
calculated as the date on which the first complete PSD permit
application is received after the EPA trigger date, which for fine
particulate matter (PM2.5) is October 20, 2011. ADEC,
utilizing 40 CFR 52.21(b)(14)(ii), determined a minor source
PM2.5 baseline date for the South Central Alaska Intrastate
Air Quality Control Region of October 15, 2015, and incorporated this
date into Table 2 of 18 AAC 50.020. Emissions changes at sources in the
South Central Alaska Intrastate Air Quality Control Region after this
baseline date, consume the region's PM2.5 PSD increment. We
are proposing to approve Alaska's incorporation of this minor source
baseline date into their SIP as consistent with CAA requirements.
Minor Source Permitting Applicability
EPA originally approved Alaska's minor NSR program into the SIP on
July 5, 1983 (48 FR 30623), and most recently approved an update to it
on May 27, 2015 (80 FR 30161). ADEC has since revised its minor NSR
permitting program so that it now requires all existing minor
stationary sources to apply for a permit prior to undergoing a
modification that will result in a potential to emit above significant
emissions thresholds. See 18 AAC 50.502(c)(4). ADEC explains that this
revision closes a permitting loophole that allowed significant
emissions increases below PSD levels to occur without triggering minor
source permitting requirements. Such increases will now be subject to
minor new source permitting. ADEC made several changes to related
regulations to appropriately cross-reference and implement this
revision. EPA is proposing to approve ADEC's revision to the
applicability of its minor new source review program because it
strengthens the SIP and is consistent with CAA requirements.
Minor Source Permit Review and Issuance
ADEC revised 18 AAC 50.542(b)(5) to clarify that the 30-day
timeline for fast-tracked permit decisions is based on the receipt of a
``complete'' permit application. The previous language did not include
the adjective ``complete.'' This change makes it easier for regulated
entities and citizens alike to understand what is expected of both the
permitting authority and the applicant.
In addition, ADEC added 18 AAC 50.542(d)(1)(F) to clarify the
timing of the approval of alternative modeling in ``fast track'' minor
source permitting. ADEC's rules now make clear that, where alternative
modeling was approved outside of ``fast-track'' permitting procedures,
a 30-day public notice and request for comment period on the decision
to approve alternative modeling under 18 AAC 50.215(c)(2) is required,
which will be timed, to the extent practicable, to coincide with the
public comment period on the draft permit. EPA is proposing to approve
these clarifications.
C. Removal of Certain Source Category-Specific Requirements
Alaska repealed certain source category-specific requirements
applicable to fuel burning equipment in operation before November 1,
1982, that use more than 20 percent woodwaste as fuel; urea prilling
towers in operation before July 1, 1972; portland cement plants; and
pulp mills. Alaska determined there are no longer any sources in the
state to which these repealed provisions apply. In the September 15,
2016 submittal, ADEC requested EPA remove these state-repealed
provisions from the Alaska SIP. EPA proposes to approve ADEC's request
to remove 18 AAC 50.055(a)(2), (a)(3), (a)(7), (a)(8), (b)(4), (b)(6),
(f) and 18 AAC 50.060 from Alaska's SIP because no sources are subject
to these standards. Any new sources in these source categories will be
regulated under Alaska's NSR process and any applicable federal
regulations that apply to new sources, such as new source performance
standards.
D. Revisions to Ozone Standard
ADEC revised the ozone standard in 18 AAC 50.010(4) from 0.075 ppm
to 0.070 ppm to reflect the current (2015) Federal NAAQS for ozone. We
are proposing to approve Alaska's revision to its ozone standard as
consistent with Federal standards.
E. Updates to General and Transportation Conformity
On August 10, 2005, the ``Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users'' (SAFETEA-LU)
transportation act was signed into law, and among other things, it
amended the CAA to eliminate the requirement for states to adopt and
submit general conformity SIPs. On April 5, 2010 (75 FR 17254), EPA
updated the general conformity SIP regulations to be consistent with
the SAFETEA-LU transportation act by eliminating the Federal regulatory
requirement for states to adopt and submit general conformity SIPs. See
40 CFR 51.851. On May 7, 2015, with a supplementary letter received
July 29, 2015, ADEC submitted a request to update the transportation
conformity regulations and to remove portions of the general conformity
regulations from the Alaska SIP. EPA finalized action on this submittal
on September 8, 2015 (80 FR 53735). On March 10, 2016, ADEC submitted a
request to make two modifications to Alaska's transportation conformity
regulations and one modification to the general conformity regulations.
Alaska's March 10, 2016, submittal revises two transportation
conformity criteria and procedures. The first modification relates to
interagency consultation. The modification adds a reference to a list
of exempt projects to existing section 18 AAC 50.715(c)(8). The second
modification relates to public involvement. New section 18 AAC
50.720(e) adds a reference to existing Alaska rules regarding charges
for photocopying of information.
The modification to the general conformity regulations removes 18
AAC 50.735 from the State's SIP because it is not needed under current
Federal regulations. This section is not needed because SAFETEA-LU
eliminated the requirement for states to adopt and submit general
conformity SIPs.
Alaska's SIP revision updates the State's general and
transportation conformity provisions, 18 AAC 50, Article 7, to be
consistent with the CAA as amended by SAFETEA-LU and EPA regulations
(40 CFR part 93 and 40 CFR 51.390). EPA has reviewed ADEC's March 10,
2016, SIP submittal to assure
[[Page 27033]]
consistency with the CAA as amended by SAFETEA-LU and EPA regulations
(40 CFR part 93 and 40 CFR 51.390) governing state procedures for
general and transportation conformity and interagency consultation, and
has concluded that the submittal is consistent with CAA requirements.
The EPA is taking action only on the conformity related portions of the
March 10, 2016, submittal. The other portions of the submittal are
addressed in separate actions.
III. Proposed Action
EPA is proposing to approve, and incorporate by reference where
appropriate, in Alaska's SIP, all revisions requested by Alaska on
September 15, 2016 (state effective 8/20/2016) to the following
provisions:
18 AAC 50.010(4) (Ambient Air Quality Standards)
18 AAC 50.020(a) (Baseline Dates and Maximum Allowable
Increases)
18 AAC 50.035(a)(3) and (a)(7) (Documents, Procedures, and
Methods Adopted by Reference)
18 AAC 50.040(f) and (h) (Federal Standards Adopted by
Reference)
18 AAC 50.215(a)(3) (Ambient Air Quality Analysis Methods)
18 AAC 50.345(o) (Construction, Minor and Operating Permits:
Standard Permit Conditions)
18 AAC 50.502(c), (e), (f), (f)(1)(C), (f)(5), (g), (h)(3)(A),
and (h)(3)(B) (Minor Permits for Air Quality Protection)
18 AAC 50.540 (c)(2)(A) (Minor Permit: Application)
18 AAC 50.542(b)(5) and (d)(1) (Minor Permit: Review and
Issuance)
EPA is also proposing to remove from the SIP the following
provisions that ADEC has repealed as a matter of state law: 18 AAC
50.055(a)(2), (a)(3), (a)(7), (a)(8), (b)(4), (b)(6), (f) (Industrial
process and Fuel-Burning Equipment) and 18 AAC 50.060 (Pulp Mills).
Finally, EPA is proposing to approve revisions to 18 AAC 50,
Article 7, Transportation Conformity, submitted by Alaska on March 10,
2016; specifically, the revisions to transportation conformity
provisions in 18 AAC 50.715, .720, and removal of the general
conformity provisions in .735 as discussed in Section II.E above.
We have made the preliminary determination that the submitted SIP
revisions are consistent with section 110 and part C of Title I of the
CAA.
IV. Incorporation by Reference
In this rule, EPA is proposing to include in a final rule,
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the provisions described above in Section III. Also in this
rule, EPA is proposing to remove, in a final EPA rule, regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, EPA is proposing to remove the
incorporation by reference of provisions of 18 AAC 50.055 and 50.060 as
described above in Section II (C.) and 18 AAC 50.735 as described in
Section III. EPA has made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the appropriate EPA office (see the ADDRESSES section
of this preamble for more information).
V. Statutory and Executive 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, EPA's role is to approve state choices,
provided 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 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because it does not involve technical standards; and
does not provide 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 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, Ozone, Particulate matter,
Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 1, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2017-12234 Filed 6-12-17; 8:45 am]
BILLING CODE 6560-50-P